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Home My WebLink AboutLand Use Case.329 Park Ave.0087.2011.ASLU0087.2011.ASLU 329 PARK AVE Insubstantial Amendment f j 2737-18-1-50-001 -1- ~42472Â«- 4ha< A .. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0087.2011.ASLU PARCEL ID NUMBERS 2737-18-1-50-001 PROJECTS ADDRESS 329 PARK AVE PLANNER AMY GUTHRIE CASE DESCRIPTIO INSUBSTANTIAL AMENDMENT REPRESENTATIVE RICHARD NEILY, JR. DATE OF FINAL ACTION 1.26.12 CLOSED BY ANGELA SCOREY ON: 2.10.12 .. NEILEY & ALDER ATTORNEYS Please Reply To: RICHARDY. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE. M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 8i6oi (970) 928-9393 (970) 925-9393 Fax (970) 928-9399 Fax (970) 925-9396 Email j fneilev@sopris.net January 13, 2012 RECEPTION#: 586234, 01/27/2012 at 03:35:48 PM, Chris Bendon 1 OF 2, R $16.00 Doc Code AGREEMENT City of Aspen Janice K. Vos Caudill, Pitkin County, CO Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado - ADU Fire Escape Encroachment into Southeast Side Yard Setback Dear Chris: As you know, we represent the Estate of Otto N. Frenzel III, the owner of the above- referenced real property in the City of Aspen. This letter is in response to your email of December 29, 2011, regarding the ADU deck./ exterior mounted fire escape on the southeast side of the accessory dwelling unit on the property. It is our understanding you agree that the projection of the deck/fire escape into the southeast side yard setback, as depicted on the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat (dated January 10, 2012, and to be recorded following approval of this letter), constitutes a permitted projection into the setback pursuant to Section 26.575.020E5j of the Land Use Regulations of the City of Aspen. Please acknowledge your concurrence with our understanding regarding this projection into the setback by executing a copy of this letter on the line provided below. Upon execution, it is our understanding that this letter will be recorded in the real estate records in Pitkin County. RECEIVED JAN 1 3 2012 CITY OF ASPEN COMMUNITY DEVELOPMEN1 .. Chris Bendon January 13, 2012 Page 2 Finally, our client has agreed that the "flagstone walkway" located between the residence and the "top of slope" to the southwest will be removed by June 1, 2012, and any disturbed area will be revegetated with native plantings. Thank you for your attention to these matters. Very truly@4urs, NEILEY Â£/LDER -~4/ir By: Richard Y. Neiley, Jr. CITY OF ASPEN, COMMUNITY DEVELOPMENT J{ 4 tb 'Ze tz. tmris Bendon, Director ce: Otto N. Frenzel IV B. Joseph Krabacher/Diana Ettlinger RECEIVED JAN 1 3 2012 CITY Ul- ASPEN COMMUNITY DEVELOPMEN, . 0 , 704 . 0 0 . FIRST AMENDED PLAT OF ADJUSTED PARCEL 119 BK BE i G SUED K ViSiON EXEMPTiON LOT LiNE ADJUSTMENT PLAT ESTREAM MARG KN REVIEW AND COND K T K ONAL USE RE V K EW J ADJUSTED PARCEL I, AS SHOWN ON THE BEBBIG SUBDI VISION EXEMPTION=LOT LINE ADJUSTMENT PLAT, RECORDED JANUARY 159 1997 1[ N PLAT BOOK 4 1 AT PAGE 3 1 AS RECEPT][ON NO. 400915 9 CKTY OF ASPEN 9 P K TK I N COUNTY 9 COLORADO NOTES "TOP OF SLOPE" AND APPROVAL FOR EXISTING IMPROVEMENTS THAT DO NOT CONFORM WITH THE RESOLUTIONS DESCR I BED I N PLAT CERTEFHCATES & APPROVALS THE PURPOSE OF THIS AMENDED PLAT IS COMPLIANCE WITH THE RESOLUT I ONS DESCRIBED IN PLAT NOTE 1, DESIGNATION OF THE LOCAT I ON OF THE 1. DEVELOPMENT OF THIS PROPERTY IS SUBJECT TO THE ALLOWANCES AND LIMITATIONS NOTE 1, AS DEPICTED HEREON. ~ CERTIFICATE OF OWNERSHIP OF CITY OF ASPEN PLANNING & ZONING COMMISSION RESOLUTIONS NOS. 97-6 RECORDED AS RECEPTION NO. 408119, 97-8 RECORDED AS RECEPTION NO. 408120, KNOW ALL MEN BY THESE PRESENTS THAT THE ESTATE OF OTTO N. FRENZEL, 111 AND 97-12 RECORDED AS RECEPTION NO. 408121. IS THE OWNER OF THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, AND l 2. FLOOD PLAIN INFORMATION SHOWN HEREON WAS TAKEN FROM FEMA FLOOD INSURANCE MORE PARTICULARLY DESCRIBED AS ADJUSTED PARCEL 1, AS SHOWN ON THE BIBBIG IN THE COUNTY OF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY BEING RATE MAP OF PITKIN COUNTY COMMUNITY PANEL NO. 0809700204 C WITH AN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT, RECORDED JANUARY 15, l EFFECTIVE DATE OF JUNE 4, 1987 100 YEAR FLOOD LINE AND 500 YEAR FLOOD 1997 IN PLAT BOOK 41 AT PAGE 31, AS RECEPTION NO. 400915, CITY OF ASPEN, LINE WERE BASED ON DETERMINED ELEVATIONS SHOWN THEREON. ~ITKIN COUNTY, COLORADO.. 3. THE SETBACKS DEPICTED HEREON ARE SUBJECT TO THE CITY OF ASPEN LAND USE -% CODE AS MAY BE AMENDED FROM TIME TO TIME. ADJUSTED PARCEL ~ AS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBDIVISION EXEMPTION THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY BE LAID OUT AND SURVEYED LOT LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) 4. THERE SHALL BE NO NEW DEVELOPMENT OTHER THAN APPROVED NATIVE VEGETATION PLANTING N ~ IN THE CITY oF ASPEN, COUNTY oF PITKIN, STATE oF COLORADO. BELOW THE "TOP OF SLOPE " OR, WITH THE EXCEPTION OF EXISTING PLANTINGS, WITHIN - FIFTEEN (15) FEET OF THE "TOP OF SLOPE" THIS IS AN EFFORT TO PROTECT EXISTING IN WITNESS HEREOF OTTO N. FRENZEL, IV, PERSONAL REPRESENTATIVE OF OWNER, RIPARIAN VEGETATION AND BANK STABILITY. NEW PLANTINGS (INCLUDING TREES, SHRUBS, - ~ HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS --_-- DAY OF JANUARY, FLOWERS AND GRASSES) BELOW OR WITHIN 15 FEET OF THE TOP OF SLOPE SHALL BE NATIVE N ---- 2012, A.D. RIPARIAN VEGETATION AS APPROVED BY THE CITY. - N THE ESTATE OF OTTO N. --Â«Â«42Â«Â»-225 EASEMENT FRENZAL, 111 1 5. THE DIMENSIONAL VARIANCES FOR THE FRONT YARD SETBACK (12 FEET 6 INCHES) AND THE/'~~~2{!gd~ 1~#i- SOUTHEAST SIDE YARD SETBACK (3 FEET) WERE GRANTED PURSUANT TO RESOLUTION NO. 97+8. ~ ~ BY CENTERLINE REVISED PORTION OF EASEMENT 6. THE OWNER OF THE PROPERTY DEP I CTED HEREON SHALL BE RESPONS I BLE FOR MA I NTA IN ING L549 '20 77-E 56. 89 - OTTO N< FRENZEL, ~IV, PERSONAL t~~r ~~~ AT GARMISH AND FRANCIS BE REPRESENTATIVE THE HI STOR I CAL DRA I NAGE THROUGH THE PARCEL . N 6 IÂ°48'47-W 3762.17 THE CITY OF ASPEN MONUMEN GPS-8 '20'27-E 74.21 EDGE OF ASPHALT STATE OF eelfeRADO ) 7. THE ACCESSORY DWELLING UNIT (ADU) DEPICTED HEREON IS SUBJECT TO THAT CERTAIN ACCESSORY FOR ELECTRIC EASEMENT DESC TI ON ~; AT HOPKINS AND WEST EN[P BE RS COUNTY OF 219*MN ) SEE RECEPTION NUMBER 420749 . S 82 THE CITY OF ASPEN MONUMENT GPS-4 $&08840Â·,4 ss. DWELLING UNIT DEED RESTRICTION RECORDED OCTOBER 28, 1998 AS RECEPTION NO. 423652. S 84Â°00-46-W 950.19/ 5302) N S fR CURB CUT 'M~ *......:. B N . THE FOREGO ING DED I CAT ION WAS ACKNOWLEDGED BEFORE ME TH IS -.__- DAY OF JANUARY, 8. THE BASIS OF BEARINGS IS BETWEEN FOUND REBARS *ID CAPS L.S. 9184 ON THE NORTH LINE OF THE . , ,7 ~ 2012, A. D. BY OTTO N. FRENZEL,IV,AS PERSONAL REPRESENTAT IVEOF THE ESTATE . A PARK AVENUE CONDOMINIUMS AS SHOWN ON THIS SURVEY. SA ID BEAR ING IS S 89Â°46' E ~'2 - - f -6 OF OTTO N. FRENZEL, 111. BY BB X G PROPERTY n Â·Â· Â· '~ ~ -0- , 9, THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY ALP INE SURVEYS OR JAMES F. RESER 12.5.3*0.804-V'*lANCEÂ· ~ I.EpiEN-NO._ ~..i. a I - ~ WITNESS MY HAND AND SEAL. 4 TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING ' - o MY COMMISSION EXPIRES: 4 EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM AND SUBJECT TO A COMM I TMENT . A FOR TITLE INSURANCE PROVIDED BY PITKIN COUNTY TITLE, INC., CASE NO. PCT 23262W3. 1.I . 4-Â·%6....... - 41--7/14 -32EIBACLL ~ Â· 4 0 ..K,flir:,1.. C.-in'J, p.122417 IQ / EFFECTIVE DATE: NOVEMBER 29, 2011 AT 8:00 AM < E- 4 6 -9 ~ 8 - - ' - _ - ~ ~ ~ 0 4....=,4..jÂ¢ Â· f.i,CtimiÂ¢,# E)'6!105 - ]1% LA-214 64.-, Rt f ..11.:. f Â· A i.Â·58'Â·'WIW 4 NOTARY F;UBLfi'C 10. THE PROJECTION INTO THE SOUTHEAST SIDE YARD SETBACK OF THE DECK/STAIR/FIRE ESCAPE , h 4 CONCRETE . 7 rÂ·4 e*'-0~**AtiiEf~ 74*904% , ON THE SOUTHEAST SIDE OF THE ADU IS A PERMITTED PROJECTION PURSUANT TO SECTION 26.575.020.E.5.J ~ A/C ~ , h FAR . OF THE ASPEN MUNICIPAL CODE AS EVIDENCED BY THAT LETTER OF THE CITY OF ASPEN COMMUNITY ~ Â· SURVEYORS CERT IFI CATE % DEVELOPMENT DIRECTOR RECORDED ON 9012 As RECEPTION No. -_--_---_-_. ' ~~,1'5~,,Â·'-'~;>3>3255.->'- ~ 4\ Â» Â» /C,Â» L. 4: ev..1 0 Age i/\4 Wi / 0 41/ 6 4 Â·: PARCEL 1,BIBBIG SUBD IVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (STREAM . /, 2 1 L.S. 9184 1, JAMES F. RESER, HEREBY CERTIFY THAT THIS FIRST AMENDED PLAT OF ADJUSTED 19 . Z\ 4 \5 % , . 0 \Un .Â· MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS PERFORMED UNDER SUPERV ISION =\ .. 6 4 h 8 1:1. \-n Â·' AND DIRECTION.Â£~Â£5Â£EMBER OF 2011. THIS SURVEY HAS BEEN PREPARED WITH 1 TO '0 'Â· \11 Â· 15,000 Accu.%43 F -rkj,lit~RVEY RELIED UPON A COMMITMENT FOR TITLE INSURANCE UP PROVIDED,r'&'Y~1Â·:rK'f-N*61BN:F~9%TITLE, INC., CASE NO. PCT 23262W3. EFFECTIVE ty. . b . 4 0 # 9 DATE: %9%*-IfpÂ®*99: 00 AM 9 . 0~ TWO STORY GA@KGE '0 Mi . 2 1 1 0 .e. . /1 * <74 , AND ACCES~RY N.,0 3 10428&,RF, 3 : ) DWELL I NG. UN IT i Â·~~ JAMESÂ¥TiEs*K L.s. 91.844, 3 80 1 % . 9 0 461147 0 93\ 4 e. : % 2/ 328 PARK & , Â¢ r 327 MIDLAND C I TY ENG I NhZRISI,RiokE\Â¥' / .. . 8 7 4 1 % TWO STORY HOUSE w/ 1, , . THIS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBDIVISION EXEMPTION LOT 1 9 1 1 /1 1 WALKOUT BASEMENT 9 == CONDOMINIUMS LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS ,.,6 / I REVIEWED BY THE CITY ENGINEER THIS _---- DAY OF JANUARY, 2012. . ... 0 \ a .. CITY ENGINEER 00/ ' L. S. 23877 , ~ / 0: 1.4.\ /4 CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR /4/ -1 4 1/ \ s CE e. THIS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBD 'V IS ION EXEMPT ION LOT 9 131. - 7 LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS e 4 %11 4.- 6 . ' - 1 Â· ~ REVIEWED AND APPROVED BY THE C I TY OF ASPEN COMMUN I TY DEVELOPMENT D I RECTOR .. 94 -41 e ' A9 - THIS -_- DAY OF JANUARY, 2012, SUBJECT TO THE TERMS AND CONDITIONS OF - 1 11 0*Â·, Â·6) 4/ \ 9 0 . 1 4 \% 4 .<PA ~/~/44.~ DETERMINATION NO. ------- IN THE P ] TKIN COUNTY RECORDS. .,1 9 : 1% 4 0 CITY OF ASPEN COMMUNITY 0 \Ok 2 4 - ~ 442 Â£6 TWO Â· DEVELOPMENT \24. 1 ... 27 *0 4 /â‚¬2 .6 0 .11 1 ~ A 19.20 ..Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·.... Â·e. STORY \/0 BY 1 .i ~~,- - ~~.~.-- DIRECTOR 1 0 / 4 HOUSE A .00 4 ..0 ... CLERK AND RECORDER S CERTIFICATE O 1 9 0 500 Â» 1 7 : 9. h. Â·,0 .i /2 THIS AMENDED PLAT WAS FILED FOR THE RECORD IN THE OFFICE OF THE CLERK AND V SIONÂ· , 6% O RECORDER OF PITKIN COUNTY, COLORADO AT -_---__ 0 CLOCK _- .M. ON THE _____ DAY OF JANUARY, 2012, AND 1 S DULY RECORDED IN BOOK - --- AT PAGE - -_ 1 AS 4. R \1\ 0.12 ~ : .).<. ~)Â·, RECEPTION NO. \ /' CO L.S. gl75 -- -- -- /-4 LANE PROPERTY El PITKIN COUNTY CLERK & RECORDER 4 . ~ m .0 / A \ 9 4% 1 1 4. 1 1 ..:.1 \-4 v- 1 -CS . i 0 ; .-' DEPUTY 7938- ~ Ul i 19*--/ f 1, TOM TWITCHELL, AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY m -- = 93 m TITLE CERTIFICATE \ U' 6 . 1 FRENZEL, 111 FREE AND CLEAR OF ALL LI ENS AND ENCUMBRANCES (1 NCLUD ING MORTGAGES, Ly.\ / CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS FIRST -n --- AMENDED PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN THE ESTATE OF OTTO N. - ~ 11 \-2 DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD 0 \=- V V \ m u \ AFFECTING THE REAL PROPERTY I N TH I S PLAT ), EXCEPT AS FOLLOWS: THOSE DISCLOSED IN TITLE COMMITMENT, CASE NO. PCT 23262W3, ISSUED BY PITKIN COUNTY TITLE, INC. ON BEHALF OF WESTCO LAND TITLE INSURANCE COMPANY. N - \ \ \%.1 Ll X.\ \ 0086889@b.~90,1--_ DATED THIS,22- DAY OF JANUARY, 2012, A.D. t 1137* \ \/0 90 '0 -#~ \ 7/..90 ' 75-, 32 FIELD .7 412Z~~'dÂ·'t " L / ... \\\ 1 -- 1- ---- -- W- -I - - - PITKIN COUNTY TI T.KE~._J_N WE - L.S. 37935 L.S. 9184 ~ FOUND REBAR AND CAP L.S. 9184 ~ -01&1' TWY'MEEL,-AGENT LEGEND BY 24{1~~ - BASIS OF BEARINGS 1 ----- ADU SETBACK FIRST AMENDED PLAT OF ADJUSTED PARCEL I, BIBBIG SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT Â·.Â·Â·~''-Â·Â·5 APPROX. EDGE OF TREES-----~~~7935-- NOVEMBER, 2011 TOPOGRAPHY (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) 0 FOUND REBAR AND CAP 0 5 10 15 20 M ELECTRIC METER Â«3 ROCK WALL BY: ALPKNE SURVEYS SCALE: 1"=10' PARK AVENUE CONDOMINIUMS â€¢ TRAVERSE POINT -R- LIGHT POLE 9 CA TV PEDESTAL -- WOOD FENCE LINE m TEL COM PEDESTAL ~~~~ TRANSFORMER JAMES F. RESER L.S. 9184 7 TELEPHONE PEDESTAL L-2 1101 VILLAGE RD. CARBONDALE. CO 81623 970-925-2688 IM GAS METER DATE: 1-20-12 SCALE: r - IO JOB NO.: 84-126-5 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERT IFI CAT ION SHOWN HEREON ........ <9961Â·Â· 4%66 11Â¥Hd SV 30 3903 .. 3 ANCA 21 97 - IF -1 - 53 -co i 0081 Â· 2ot i . AU-lA Flb Edit Recad @435 Fgm Repo<G F* It 84 ~ *x, 44*029'~ bl J / 40;Jt jal :llgolgl ide,Allaâ€¢I 113% 3,91 i Ro#@98&6 Ftei 'F.*11'Nt ~|ldi~ * rl ..|y~on Nd#g OkmF* 2. #4 l IN , 'llid Use Pmt# 021.311,AL -. .:2,11~ 1 A[khs; 329 PARKAYE *Ne QI ASPEN hte~ * 41 1 1 i ped Dip"ab 9 1 Mzter 0 RolO-E]1 ~.,1 -~ zl HUM 28&5 * 1-1 1 0 i De*n APEATION FORSUBDIVISIONÂ·INSUBSTANTIALAMENDMBIT-APPROVAL TO BR| ~ - AENDEDPLATBETINGCONDITIONS WIll 01 *It, i 5(bmitted Â®CHARDIELY,JR. M El DaysTil E*4= 1 ;Â« t' 1 ~ Submtted la i Owner at-V: bil'E ....1 litnmle RENIEL OTTONN SMAR' fritnme 11330 TEMPUNRD +4/1 *20&: ZIONSVILLE IN 46071 *3: I Addres mei. 1 1 Appkant 1 00wrE a 8p#3N? 0 [ONIN# it *t? Â¢â‚¬ 1 ~ Lat nam â‚¬EY & ALDER #st nam %001'MIY82 UPPELEESTE] ' 1 pig'~ {370)925-9393 (lat# 26534 dess GLN,OODSPRNGS CO 81601 3 Lender 1 14 eme first na dess i Mone,3 - 2 i --: Â·. *M***~~1Â£ CU *4 2-2 G 24m#~ 243',E. ff} paic'==- V Ayl*bet- Et 1, %-2 5 - Cb .-/ 76#184 hes 4 AN-5 422.074 *_0* 809 51 ,00*7 1'~4. noig .. NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 INGENEM. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwcxx1 Springs, Colorado 81601 (970) 925-9393 Fax (970) g28-9399 (970) 928-9~93 Fax (970) 925-9396 December 21, 2011 RECEIVED RFC 2 1 2011 VIA HAND DELIVERY c Qry Ot Ms. Amy Guthrie ~UNITY LASPE Aspen Community Development Department 130 South Galena Street (Â¢19081Â¢~ Aspen, Colorado 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith you will find two (2) copies of the Application for approval of the Amended Plat for the Frenzel Property identified above. Also submitted herewith is an executed Agreement to Pay Application Fees and our check for the fee deposit. As you know, the purpose of this Application is to obtain approval for the Amended Plat to reflect the conditions approved by the Planning & Zoning Commission in 1997, as well as the existing conditions resulting from the construction o f the residence and related improvements in 1998. Once you have had an opportunity to review the submission, please let me know if you need any additional information or documentation. Ve~gt~lly yours, NE~ & ALDER I~ichard Y. Neiley, Jr. RYN/agk CC: Otto N. Frenzel, IV I RECEIVED n FC 2 1 2011 ATTACHMENT 2-LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY DEVELOPMENT Name: Frenzel Plat Amendment (Stream Margin Review/Condi ti onal risp Location: 329 Park Avenue, Aspen, CO 81611 ADC) (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718150001 APPLICANT: Nanie: Estate of Otto N. Frenzel III Address: 329 Park Avenue, Aspen, CO 81611 Phone #: (970) 925-9393 REPRESENTATIVE: Name: Richard Y. Neiley, Jr. Address: 201 N. Mill St., Suite 102, Aspen, CO 81611 Phone #: TYPE OF APPLICATION: (please check all that apply): Â£ GMQS Exemption U Conceptual PUD U Temporary Use D GMQS Allotment U Final PUD (& PUD AmendmenB U Text/Map Amendment U Special Review ~ Subdivision 19:vucta,4,2 lil Conceptual SPA ~ ESA-8040 Greenline, Stream ~ Subdivision Exemption (includes LLI Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) ~Iounta- 1 V' w P ane A _ U CommercM[ Uesign Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: -4.-,~ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) Property is built out under 1997 approvals with a single family residence and deed restricted ADU. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Approval of Amended Plat/Existing Conditions Have you attached the following? FEES DUE: $1525. E Pre-Application Conference Sumniary QfJ Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0 0 Â§2 llc:~ ' COMMUNITY DEVELOPMENT DEPARTMENT L 022 Agreement to Pay Application Fees Cj An agreement between the City of Aspen ("City") and Property Estate of Otto N. Phone No.: 970-925-9393 Owner ("1"): Frenzel Email: aspenlaw@neileyalder.com Address of 329 Park Avenue Billing 201 N. Mill St., #102 Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1260 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: ~~1_jd#&77 Estate of btto N. Frenzel Chris Bendon Community Development Director Name: Richard Y. Neiley, Jr. Title: Attorney/Representative City Use: Fees Due: $ Received: $ November. 2011 City of Aspen I 130 S. Galena St. I (970) 920-5090 RECEIVED .. APPLICATION FOR APPROVAL OF AMENDED PLAT PURSUANT TO PLANNING & ZONING COMMISSION RESOLUTION NOS. 97-6, 97-8, and 97-12 (EXISTING CONDITIONS) Owner: The Estate of Otto N. Frenzel 111 329 Park Avenue Aspen, Colorado 81611 PID: 273718150001 Representative: Richard Y. Neiley, Jr. Neiley & Alder, Attorneys 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 aspenlaw@neilevalder.com .. APPLICATION FOR APPROVAL OF AMENDED PLAT PURSUANT TO PLANNING & ZONING COMMISSION RESOLUTION NOS. 97-6, 97-8, AND 97-12 (EXISTING CONDITIONS) In this Application, the Estate of Otto N. Frenzel 111 (the "Property Owner") seeks approval of a Plat Amendment for the real property located at 329 Park Avenue, Aspen, Colorado. The requested approval, when granted, will reflect the conditions of approval set forth in Planning & Zoning Commission Resolution Nos. 97-6, 97-8, and 97-12. In accordance with the requirements of the Land Use Regulations of the Aspen Municipal Code appended hereto are (1) the Pre-Application Conference Summary, (2) Authorization to Represent; and (3) Proof of Ownership/Title Commitment. Also appended hereto as Attachment 4 are Planning & Zoning Commission Resolution Nos. 97-6, 97-8, and 97-12. Resolution No. 97-6 was granted with conditions approving stream margin review for the development of a single family residence on the Property Owner's real property. Resolution No. 97- 8 granted conditional use approval for an accessory dwelling unit on the real property. Resolution No. 97-12 granted approval for the construction of a sanitary sewer line within the stream margin. Each of the Resolutions contains conditions of approval that included the recordation of an Amended Plat for the real property. The Property Owner is the successor to Otto N. Frenzel 111, who is now deceased and who caused the improvements on the real property to be constructed pursuant to the referenced Resolutions in 1998. The real property has been listed for sale and is under contract. When title work was prepared in connection with the contract, it was discovered for the first time that an Amended Plat had never been prepared or recorded. Notwithstanding the lack of an Amended Plat, an appropriate building permit was issued for the construction of improvements and a Certificate of Occupancy was issued following completion of construction (Attachment 5). In connection with the contract to purchase the real property, the Property Owner caused to be prepared a Survey of existing conditions that depicts the existing development on the real property. It is apparent that at the time of construction the residence, garage and accessory dwelling unit were rotated slightly in a clockwise direction which resulted in minor encroachments outside of the approved setbacks. Under Resolution No. 97-8, variances were approved in connection with the accessory dwelling unit. The building, as constructed, conforms to the 12.5' front yard setback variance, but encroaches into the 3' southeast side yard setback variance. As constructed, the southeast corner of the above grade deck accessing the accessory dwelling unit sits 0.9' from the southeast property boundary. The rotation of the building also caused a 0.3' encroachment of the chimney into the northwest side yard setback. As a consequence, the Property Owner is requesting administrative approval from the Community Development Director for the dimensional variances depicted on the Survey (Attachment 6) and the proposed Amended Plat (Attachment 7). Each of the Resolutions of the Planning & Zoning Commission contains certain conditions. Under Resolution No. 97-6, the Amended Plat was to show the "revised building envelopes for the Lot with top-of-slope elevation 7935." During the course of construction of the residence, it appears that the top-of-slope was disturbed and no longer sits at the 7935 elevation. The proposed Amended Plat .. submitted herewith identifies the top-of-slope as the area adjacent to and to the west of the "flagstone walkway" that represents the area of disturbance in the vicinity of the top-of-slope. To satisfy the requirement of the Community Development Department, the Property Owner will agree to a condition requiring the removal of the "flagstone walkway" and the revegetation of the disturbance resulting therefrom with natural vegetation, in connection with approval of the Amended Plat. The Property Owner requests approval of this top-of-slope designation as shown on the proposed Amended Plat pursuant to Section 26.435.020 of the Land Use Regulations of the City of Aspen. As required by Condition No. 1 of Resolution No. 97-6, the accessory dwelling unit and accessory dwelling unit parking are depicted and a Plat Note has been included that prohibits development within a 15' setback of the top-of-slope contour, with the exception of existing improvements and vegetation/plantings (Plat Note 5). Further, as required by Condition No. 2 of Resolution No. 97-6, a Site Improvement Survey is submitted herewith as Attachment 6, depicting the required characteristics of the property. As required by Condition Nos. 7 and 10 of Resolution No. 97-6, the Property Owner has added Plat Notes identifying the building envelope (Plat Note 3), restricting manipulation of vegetation outside of the building envelope (Plat Note 5), and requiring the owner of the property to be responsible for the remaining historical drainage through the parcel (Plat Note 8). Resolution No. 97-8, at Condition No. 1, requires the Plat to show the building envelope and to designate and label the accessory dwelling unit, the accessory dwelling unit parking, and dimensional variations for the property. The Amended Plat fulfills these requirements by depicting these elements and also by referencing in Plat Notes the Planning & Zoning Commission Resolutions (Plat Note 1) and describing the building envelope (Plat Note 3). Further, as required by Condition No. 5, the maximum curb cut for the driveway is depicted as less than 18'. Condition No. 9 of Resolution No. 97-12 requires the delineation of any access and sanitary sewer easements required by the Sanitation Department on the Final Plat. The Sanitation Department does not require any access or sanitary sewer line easements. Rather, the Property Owner's predecessor and adjoining properties entered into private agreements for the establishment and maintenance of a common sewer line connecting to the Sanitation District main line (Exception Nos. 13 and 14 reflected in the Title Commitment appended at Attachment 3). The proposed Amended Plat as submitted fully identifies all pertinent conditions and improvements on the subject real property and substantially complies with the requirements of the Planning & Zoning Commission Resolutions discussed above, subject to minor setback encroachments as described above. Therefore, the Property Owner respectfully requests that the Community Development Director approve the proposed Amended Plat and authorize its execution and recordation. 2 .. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Frenzel Plat Amendment Applicant: Estate of Otto N. Frenzel III Location: 329 Park Avenue, Aspen, Colorado 81611 Zone District: R- 6 Lot Size: 13591 Lot Area: 9099 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: 2 Proposed: Number o f bedrooms: Existing: 4 Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 3646 Allowable: 3665 Proposed: Principal bldg. height: Existing: 25 Allowable: 25 Proposed: Access. bldg. height: Existing: 20 Alto-wable: 7 Â£ Proposed: On-Site parking: Existing: 7 Required: 4 Proposed: % Site coverage: Existing: 32 Required: n/a Proposed: % Open Space: Existing.- 68 Required: n/a Proposed: Front Setback: Existing: 1 4.7 Required: 1 5' Proposed: 12.5' Rear Setback: Existing: 1 5 + Required: 15 Proposed: Combined ER: Existing: 30 Proposed: 29.7 Required: NW Side Setback: Existing: 1 4.7 Required: 15' Proposed: 14.7 ' SE Side Setback: Existing: 0.9 Required: 3' Proposed: 0.9 Combined Sides: Existing: 15.6 Required: 23 Proposed: 15.6 Distance Between Existing 10 Required: 5 Proposed: Buildings Existing non-conformities or encroachments: Variances approved per Resolution No. 97-8; building rotated when constructed such that corner of the chimney (NW side) and a corner* Variations requested: Existing conditiong, *of the above grade deck (SE side) encroach into approved setbacks. .. SCHEDULE OF ATTACHMENTS 1. Pre-Application Conference Summary 2. Authorization to Represent 3. Proof of Ownership/Title Commitment 4. Resolution Nos. 97-6, 97-8, and 97-12 5. Certificate of Occupancy 6. Existing Conditions Survey/Slope Analysis 7. Proposed Amended Plat .. 1. Pre-Application Conference Summary .. t CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970-429-2758 DATE: 12/01/11 PROJECT: 329 Park Avenue REPRESENTATIVE: Jonathan Feinberg and Rick Neilly, representing owner Diana Ettlinger, representing buyer TYPE OF APPLICATION: Amendment to Bibbig Subdivision Exemption Lot Line Adjustment Plat DESCRIPTION: The Bibbig Subdivision Exemption Lot Line Adjustment Plat was filed in 1997 to reflect lot line relocations that were necessitated by a court order. Shortly after, the Planning Office received an application for the development of a new house on Adjusted Parcel 1 of the Subdivision. The proposed development was reviewed by the Planning and Zoning Commission three times; for Stream Margin and ADU review (See P&Z Resolution #6, Series of 1997); for Conditional Use review and variances for the ADU (See P&Z Resolution #8, Series of 1997); and for repairs to a sanitary sewer line located below the top of slope, and Residential Design Standards variances (See P&Z Resolution #12, Series of 1997.) The resolutions each named certain conditions that were to be memorialized on a new plat, which was never filed. The current owner wishes to complete the plat. Certain current conditions on the property, particularly grading in the vicinity of the "top of slope," a specific contour of the property that helps to define the bank of the Roaring Fork River, could be perceived to conflict with the 1997 P&Z approvals. Excavation for a walk out basement altered grade within a portion of the 15' no development area above the top of slope. Substantial boulder retaining walls were built to hold back grade surrounding the walk out patio. A flagstone walkway was installed in the area of top of slope and support posts and portions of an upper floor deck at the rear of the house appear to extend into slightly into the no development area. The house received inspections and a Certificate of Occupancy. Filing of a plat will be an Administrative review. The three Planning and Zoning Resolutions approved regarding this property in 1997 each identified features and information that were to appear on the plat. At a minimum, the plat must properly address the following: P&Z Resolution #6, Series of 1997: Conditions 1, 2, 7 and 10 P&Z Resolution #8, Series of 1997: Conditions 1 and 5 P&Z Resolution #12, Series of 1997: Condition 9 Both the City Engineer and the City Parks Department have preliminarily indicated that the flagstone walkway that was placed along the top of slope should be removed as part of this process. Community Development does not anticipate requesting any other alterations to current conditions. Below is a link to the Land Use application Form for your convenience: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/620and%20Fees/land useappform. pd f Below is a link the Land Use Code: http://www. aspenpitkin.com/Departm ents/Com m unity-Development/Planning-and-Zon inq/Title-26-Land- Use-Code/ Below is a link to the Engineering Department's minimum standards for Plats: http://www.aspenpitkin.com/Portals/0/docs/City/engineering/survey%20checklists/PUD SubdivisionPIat SurveyChecklist.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.080 Amendment to Subdivision Development Order Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $1,260 Deposit for 4 hours of staff time. Additional staff time required is billed at $315 per hour Referral Fees: $265 Deposit for 1 hour of Engineering staff time: Additional staff time required is billed at $315 per hour. Total Deposit: $1,525 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.080. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. .. t 2. Authorization to Represent OTTO N. FRENZEL, IV 329 Park Avenue Aspen, CO 81611 December 13, 2011 HAND DELIVERY Ms. Amy Guthrie City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Adjusted Parcel 1 as shown on the Bibbig Subdivision Exemption - Lot Line Adjustment Plat; Parcel ID No. 273718150001; 329 Park Avenue, Aspen, CO Dear Ms. Guthrie: Please accept this letter as the authorization of the owner of the above-referenced real property for Richard Y. Neiley, Jr. and Neiley & Alden Attorneys to process a land use application for a plat amendment and related approvals. Sincerely, THE ESTAy- OF OTTO N. PRENZEL, 111, Owner - r 1 By Â«V~/ \J waild ~ 4- ofeâ‚¬/0-1 Otto N. Frenzel, 19~Co-Executor CERTIFIED COPY OF LETTERS TESTAMENTARY 06D01-1101-EU-0009 State of Indiana, Boone County, ss: To Whom These Presents Shall Come, Greeting: I, Penny S. Bogan, Clerk of the Superior Court, within andfor said County and State, do hereby certify that the last Will and Testament of Otto N. Frenzel III deceased, late of said County, has been duly admitted to probate and record in said Court, and Otto N. Frenzel IV and US. Bank, N.A. duly qualified as executor/executrix is duly authorized and empowered to take up on themselves the administration ofsaid estate according to law and terms of such will. WITNESS my hand and the seal of the Court, at the City ofLebanon, Indiana, this day ofJanuary 18, 2011 1-0 0 A.4 Llft>~40 3%43Â·â‚¬Mhk Penny S. Bogan, Clerk 61ne Sig)eriortbourt State of Indiana, Boone County, ss: I, Penny S. Bogan, Clerk of the Superior Court, within andfor said County of Boone in the State of Indiana, do herby certify the foregoing to be a true and correct copy of the Letters Testamentary of Otto N. Frentel IV and US. Bank, N.A. executor/executrix of the last will and testament of Otto N. Frenze! III as the same appears of record now onfile in my ofice, and that Otto N. Frentel IV aud US. Bank, N.A. is still the duly qualified and acting executor/executrix ofsaid estate. IN WITNESS WHEREOF, I have hereto sulgscribed my name and afixed the seal (7 UN - A AA 19-' 11:ItÂ·thrh. of said Court at Lebtfnantlyidic~y*AjAiki~~4 56*i . Clerk Boone Superior Court .. STATE OF INDIANA ) IN THE BOONE SUPERIOR COURT 1 ) SS: COUNTY OF BOONE ) IN THE MATTER OF THE ESTATE ) 06001-11 0 1 -EU- - 0 00 OF OTTO N. FRENZEL III, DECEASED ) ) ) ESTATE DOCKET OTTO N. FRENZEL IV and ) U.S. BANK, N.A., ) PERSONAL REPRESENTATIVES ) ~~1. m 00 JAN 1 8 2011 ORDER OF PROBATE OF SELF-PROVED WILL 'U) ISSUANCE OF LETTERS AND 0-,744Â« FOR UNSUPERVISED ADMINISTRXNONK BOONE SUPERDR COURT-I There is now produced in open court and submitted to the Court an instrument of writing purporting to be the Last Will and Testament of Otto N. Frenzel III, deceased, and Petition for Probate thereof and for issuance of Letters. On the 11 th day of October, 2004, decedent and the witnesses to his purported will self-proved said will by executing an acknowledgment and verification of said will. Said acknowledgment and verification were executed in all respects according to law. Such instrument, petition and testimony, acknowledgment and verifications are now submitted to the Court and the Court having examined the same, having heard evidence and being duly advised, now finds as follows: 1. Otto N. Frenzel III died on or about the 24th day of December, 2010, and at the time of such death was domiciled in Boone County, Indiana. 2. Such written instrument purporting to be such decedent's last will and testament was duly executed in all respects according to law, has been duly proved, is the last BDDBOI 6495714v 1 12~1 .. will and testament of such decedent and is entitled to be admitted to probate in such County. Further, such will authorizes unsupervised administration o f decedent's estate. 3. Otto N. Frenzel IV and U.S. Bank, N.A. are qualified to administer decedent's estate and letters should be issued as indicated and requested in such Petition. It is now, therefore, ORDERED, ADJUDGED and DECREED by the Court that (1) Such written instrument purporting to be the Last Will and Testament of Otto N. Frenzel III be and is hereby admitted to probate and record as such. (2) Otto N. Frenzel IV and U.S. Bank, N.A. are appointed as personal representatives of the Estate of Otto N. Frenzel III, deceased, and are authorized to administer said estate without Court supervision. (3) The clerk be, and she is hereby, directed to issue Letters Testamentary to Otto N. Frenzel IV when he has taken and subscribed before a notary public an oath as such personal representative, and U.S. Bank, N.A. when its representative has taken and subscribed before a notary public an oath as such personal representative. 2011 JAN 1 8 2011 5 i Superior Court 1 2 BDDBOI 6495714v 1 . A .... e: 4 ... The undersigned clerk now reports to the Court that said personal representatives have taken and subscribed before a notary public an oath as directed and that letters have been issued. JAN 1 8 2011 40*1%7&4 ,2011 Penny Bogan, Clerk It is now, therefore, ORDERED, ADJUDGED and DECREED by the Court, that said petition, oath and issuance of letters are approved, and that Otto N. Frenzel IV and U.S. Bank, N.A. are the duly appointed and qualified personal representatives of the Estate of Otto N. Frenzel III, deceased, and are authorized to administer said estate without Court supervision. JAN 1 8 2011 ' 2011 ~ne Superior Court 1 4/ 3 BDDB01 6495714v 1 40 0 3. Proof of Ownership/Title Commitment --0 0 NEILEY & ALDER ATTORNEYS Please Reply To: RICHARDY. NEILEY, JR. 201 North Mill Street, Suite 102 ENGENE M. ALDER 6800 Highway 82, Suite 1, Upper lEvel Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 81601 (970) 925-9393 Fax (970) 928-9399 (970) 928-9393 Fax (970) 925-9396 December 20, 2011 Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado Dear Amy: This office represents the Estate of Otto N. Frenzel, III. The purpose of this letter is to provide disclosure of ownership and encumbrances as required by your December 1, 2011 Pre- Application Conference Summary. I am an attorney licensed to practice law in the State of Colorado. In preparing this letter, I have reviewed the records maintained by the Pitkin County Clerk & Recorder and Assessor's Office. Attached hereto you will find a title commitment issued by Pitkin County Title with an effective date of November 29, 2011, covering the referenced property. Ownership of the property is vested in the Estate of Otto N. Frenzel, III. There are no deeds of trust or mortgages encumbering the property. All easements, agreements and other matters of record are disclosed in the title commitment. I have reviewed the Deeds and other documents of record affecting the property. There are no restrictions or conditions contained in any of these documents, nor are there any easements, judgments, liens, contracts or agreements, that would preclude the owner from proceeding with the Amendment to the Plat or that require the consent or approval of any third party. If you need any additional information regarding this matter, please do not hesitate to contact me. Thank you for your assistance. Vet; tly yours, NE~Y & ALDER 16chard Y. Neiley, Jr. RYN/agk CC: Otto N. Frenzel, IV p I~~ 13-3 -1 1 915000 1 I I<lij ALTA Commitment For Title Insurance A4 *A~VVESTCOR *12:1=4 LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell - (tomt@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Ak WESTCOR " *- LAND TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Wi,iter Park, H. 32789 Telephone (407) 629-5842 .. A WESTCOR â€¢ LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,( "Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, infavor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed infacsimile under authority ofits by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY 4-Â·a B v Af 84,1 0 #Â«44 Lt Wel~ttâ€¢'1 'f, A-efident 0: 1,".-,27 18.1 n . 3(4114.1 4 .2.Â£2-.~f P ov<Â£.i.thi / r becrelary Countersigned: Â»3Â«55--- Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 .. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. Ifthe Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly. but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part ofthis Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitratedat the option ofeither the Company or the Insured as the exclusive remedy ofthe parties. You may review a copy of the arbitration rules at http://www.alta. org. .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 29, 2011 at 8:00 AM ca~E. PCT23262W3 ~ 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 4,000,000.00 Premium$ 6,086.00 Proposed Insured: Rate: Re-Issue ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE ESTATE OF OTTO N. FRENZEL 111 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: ADJUSTED PARCEL 1, as shown on the BIBBIG SUBDIVISION EXEMPTION-LOT LINE ADJUSTMENT PLAT, recorded January 15, 1997 in Plat Book 41 at Page 31 as Reception No. 400915. PITKIN COUNrIT TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: .. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Copy of the Registration duly stamped by the Secretary of State of the State of evidencing registration of ZUCKERMAN MAGNOLIA FLOW ASSOCITATES, LLC and Statement of Authority and a copy of the Operating Agreement of ZUCKERMAN MAGNOLIA FLOW ASSOCITATES, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 2. The following documents should be obtained and recorded from the Estate of OTTO N. FRENZEL 111, deceased, Probate No. , in the DISTRICT Court, County of PITKIN: A. Certified copy of the Letters of Appointment of the Personal Representative. B. Personal Representative's Deed noting the State Documentary Fee, conveying the subject property to ZUCKERMAN MANGOLIA FLOW ASSOCIATES, LLC. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) .. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Terms, conditions, provisions and obligations as set forth in Deed Covenant Guarantee recorded August 14, 1979 in Book 374 at Page 167. 9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 23, 1973 in Plat Book 4 at Page 398. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 15, 1997 in Plat Book 41 at Page 31. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded September 5, 1997 as Reception No. 408119 as Resolution No. 97-6 and September 5, 1997 as Reception No. 408120 as Resolution No. 97-8 and September 5, 1997 as Reception No. 408121 as Resolution No. 97-12. 12. Terms, conditions, provisions and obligations as set forth in Agreement for Easements recorded October 7,1997 as Reception No. 409237. 13. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 31,1998 as Reception No. 420090. 14. Terms, conditions, provisions and obligations as set forth in Shared Sewer Service Line Agreement recorded July 31, 1998 as Reception No. 420091. 15. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded August 17, 1998 as Reception No. 420749. (Continued) .. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restriction recorded October 23, 1998 as Reception No. 423652. .. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23262W3 SELLER: THE ESTATE OF OTTO N. FRENZEL 111 BUYER: ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is $50.00 The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) .. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. .. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. .. Notice of Privacy Policy of Westeor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents. lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLT[C does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC. however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity ofthe personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. 2 AMERICAN IAND TITLE ASSOCIATION COMMITMENT 6-17-(Mi WESTCOR LAND TITLE INSURANCE COMPANY COMMITME: TT FOR TITLE INSURANCE I HOME OFFICE 201 N. New York Avenue, Suite 200 Winter Park. Florida 32789 retâ‚¬,phone: (407) 629-5842 . 1 . .... . I. -.1. --.......11-11, .. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23262W3/ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC 0 . 4. Resolution Nos. 97-6, 97-8, and 97-12 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE FRENZEL STREAM MARGIN REVIEW LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737-181-58-001, CITY OF ASPEN Resolution No, 97- 6 WHEREAS, Otto Frenzel submitted for approval to the Commission an application for Stream Margin Review for the construction of a single family house with an accessory dwelling unit on the property located at 329 Park Avenue, near the intersection of Park Avenue and Regent Streets, City of Aspen parcel # 2737-181-58-001, which adjoins the Roaring Fork River; and, WHEREAS, the Planning staff received referral comments from the Engineering Department. and the Parks Department, and upon consideration of those comments recommended approval of the Stream Margin Review with conditions; and WHEREAS, the Commission reviewed and approved the Stream Margin Review with conditions by a 5-0 vote on March 4,1997. NOW, THEREFORE, BE IT RESOLVED by the Commission: That it does hereby approve the Frenze! Stream Margin Review with conditions as follows: 1. The final plat shall be amended to clearly show the revised building envelopes for the Lot with top-of-slope being elevation 7.935. The accessory dwelling unit shall be labeled and the deed restriction noted. Parking for the ADU will be delineated. A fi fteen foot no development setback from the top-of- slope shall also be delineated parallel to this contour on the revised and recorded plat. 2. Before issuance of any permits, a current Site Improvement Survey certified by a registered land surveyor, licensed in Colorado showing the location of the non-dedicated storm sewer, any utility easements, all existing vegetation, slope percentages, wetland and riparian vegetation areas, and the Special Flood I Iazard Area shall be submitted in accordance with Section 26.52.030(B)(5) 3. The applicant will continue to negotiate in good faith with the City of Aspen to grant a public access easement through the property along the Rom*ing Fork River for the purpose of establishing a recreational trail, Both the City of Aspen and the applicant are aware that the City is strongly encouraging this dedicated easement but cannot require it as a condition of approval. 4. The applicant shall submit site sections of the final architectural plans for the single-family residence and Accessory Dwelling Unit pursuant to Section 26.68.040(B)(13). The site sections shall be signed and stamped by a registered architect or engineer. The City Zoning Officer shall measure and determine height pursuant to Section 26.68.040(B)(10), Figure A, with the top-of-slope for the lot being elevation 7935, before issuance of any permits. 5. Pursuant to Section 26.68.040(B)(5). the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion anc[/or sedimentation durine construction before issuance of any permits. The applicant shall provide a plan to 111'111 lilli lillia lilli lilli '11111 lilli 111 lilli lili 1111 408119 09/05/1997 01:27P RESOLUTI DAVIS SILVI 1 of 2 R 11.00 0 0.00 N 0.00 PITKINCO COLORADO 1 2 111111 lim 111111 111/1 111111 lilli 111 lilli lili lili . 408119 09/05/1997 01:27P RESOLUTI DAVIS SILVI 2 of 2 R 11.00 D 0.00 N 0.00 PITKINCO COLORADO a.willi [luume oIl-site arainage within tile parcel to prevent entry into the river or onto its banks before issuance of any permits. The applicalit shall provide a plan addressing any pool/hot tub drainage before issuance of a building permit. 6. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any pemlits. 7. A landscape plan pursuant to Section 26.68.040(B)(11) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top-of- slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code, 8. Aliy development below the top-of-slope deemed essential shall only be approved by special review pursuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B)(12) 10. The applicant is strongly encouraged to submit a design for a storm sewer line and sewer outfall that accommodates historical drainage, and dedicate and record a storm sewer easement tliat allows the City to maintain and operate this storm sewer line, for review and approval by the Engineering Department. If owner does not dedicate this easement, owner shall include a note on the final plat indicating that the owner of the property is responsible for maintaining the historical drainage through the parcel. 11. 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 March 4,1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~Â»-Lk. 403*j City Attorney Sara Garton. Chair /1 1. f Â· ATIEST: .4/1 -I , f L...0 I di~Ctiothian, Deputy City Clerk .. 11111'llilli 1111111111111111111111 lilli 111111111111 lili 408120 09/05/1997 01:28P RESOLUTI DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE FRENZEL RESIDENCE LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737-181-58-001, CITY OF ASPEN Resolution #97 - 3 WHEREAS, The Community Development Department received an application from Mr. Otto Frenzel, owner, for a Conditional Use Review for an Accessory Dwelling Unit of approximately four hundred and fifty (450) square feet, with dimensional variations to the front yard setback by twelve feet six inches (12'6"), side yard setback by three feet (3'), and to the maximum allowable square footage by two hundred twenty five (225) sqaure feet, and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be appro ved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on April 1,1997, the Planning and Zoning Commission approved by a 7-0 vote the Conditional Use for the Frenzel Accessory Dwelling Unit with the conditions recommended by the Community Development Department, with condition #1 amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit containing approximately four hundred and fifty (450) square feet above the detached garage of the proposed Frenzel residence at 329 Park Avenue is approved with the following conditions: 1. Prior to issuance of a building permit, the applicant shall submit appropriate development plans in accordance with all dimensional requirements of the R-6 zone district and variances approved by the Commission for a front yard variance , of 12'6" for the accessory dwelling unit and a side yard variance of 3' for the accessory dwelling unit. The final plat shall be amended to clearly show the building envelope for the Lot. The accessory dwelling unit shall be labeled and the deed restriction noted on the final plat. Parking for tile ADU will be delineated on 1111111'111! 1111.11111111111 lilli Ill lilli lili lili . 408120 09/05/1997 01:28P RESOLUTI DAVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO the final plat. All dimensional variations for the property shall be clearly delineated and noted on the final plat. 2. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 3. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off-street parking space provided. 4. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 5. The driveway curb cut shall be no more than 10 feet in width if accommodating a single drive, no more than 18 feet in width if accommodating a double driveway. The common access and utility easement and the five (5) foot wide "pedestrian area" along the Park Avenue right-of-way shall both remain unobstructed from improvements. 6. Prior to a Certificate of Occupancy, the owner shall relocate the existing aerial utility lines underground. Any pedestal or other underground equipment shall be installed on an easement provided by the property owner and not located within a public or private right-of-way. 7. The owner is encouraged to relocate the property's mailbox to the north side of the access easement, next to the other mailboxes, to better accommodate traffic movements on Park Avenue. 8. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58 Residential Design Standards. .. 9. Before a building permit is issued, the Zoning Officer will determine if adequate measures to the design o f the roo f have been taken to prevent the accumulation of snow at the base of the stairway leading to the accessory dwelling unit. 10. 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 April 1,1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: lidelÂ«Â» 3--, - City Attorney V Sara Garton, Chair ATTEST: lu yackie Loihiah, Deputy City Clerk 1111111 lilli 11111111111 11111111111 11111111 lilli 1111 lili 408120 09/05/1997 01:28P RESOLUTI DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO ..4 .. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A SPECIAL REVIEW FOR A SANITARY SEWER LINE WITHIN THE NO DEVELOPMENT AREA ESTABLISHED BY THE TOP- OF-SLOPE AND FOR APPROVAL AND DENIAL OF VARIANCES TO THE "RESIDENTIAL DESIGN STANDARDS" AT THE FRENZEL RESIDENCE LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737-181-58- 001, CITY OF ASPEN Resolution #97 - 11 WHEREAS, The Community Development Department received an application from Mr. Otto Frenzel, owner, for a Special Review to repair and replace a sanitary sewer line within the no-development area within fifteen (15) feet of or below the top-of-slope established through Stream Margin Review and a request to vary "Residential Design Standards" for a proposed single family home with an accessory dwelling unit at 329 Park Avenue; and, WHEREAS, Pursuant to Section 26.68.040 of the Aspen Municipal Code, any development deemed essential within fifteen (15) feet of or below the top-of-slope may be approved by Special Review; and. WHEREAS, the Community Development Department considers repairing and or replacing faulty sanitary sewer lines to be essential development; and, WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission approved by a 7-0 vote the Special Review for the Frenzel property with all conditions recommended by the Community Development Department except condition #6; and, WHEREAS, any Board for which an applicant must gain approval may vary the requirements in Municipal Code Section 26.58 "Residential Design Standards" at a public hearing; and, WHEREAS, during a public hearing at a regular meeting ort June 3, 1997, the Planning and Zoning Commission approved by a 7-0 vote condition #6 ofthe Staff memo, finding unusual site specific constraints warranting a variance for reasons of fairness; and, WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission granted by a 5-2 vote a variance from "Residential Design Standards" 26.58.040(A)(3) and 26.58.040(F)(4)(c), allowing the garage to be configured freely on the site, for reasons o f fairness related to site specific constraints; and, 1111111 lilli 111111 lilli lilli 11111111111111 lilli 1111 lili 408121 09/05/1997 01:28P RESOLUTI DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 0 0 WHEREAS, during a hearing at a regular meeting on June 3,1997, the Planning and Zoning Commission denied by a 7-0 vote a variance from the "Residential Design Standard" 26.58.040(A)(2) concerning a street oriented principal window. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Special Review for repairing andjor replacing the sanitary sewer line below or within fifteen (15) feet o f the top-of-slope established through Stream Margin Review and variances to the "Residential Design Standards 26.58.040(A)(3) and 26.58.040(F)(4)(c) are approved with the following conditions: 1. The applicant may repair and/or replace as necessary the sewer service line below or within fifteen (15) feet of the top-of-slope established as elevation 7,935. This approval shall not be considered approval of any other development in this designated area and shall not alter the approved setbacks and height requirements established by the elevation 7,935 top-of-slope. 2. Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction before issuance of any permits. 3. Before digging for the sewer line, the applicant shall place construction fencing along the areas of planned disturbance to the approval of the Zoning Officer, the Parks Department, or the City Engineering Department. This fencing should be placed to minimize the impact of construction on the native vegetation in this no development zone. All development and construction required for the repair and or replacement of the sewer line shall be limited to within the fenced area, regardless of construction technique, Failure to obtain approval of the construction fencing placement before digging shall at least be considered grounds for a stop work order. 4. The owner shall revegetate all areas disturbed by the sewer line construction. Only native species shall be used. 5, A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 6. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58, Residential Design Standards, except Standard 26.58.040(A)(1). This will allow the buildings to be non-parallel to the street. 7. Prior to issuance of a building permit, the applicant shall place funds in escrow with the Aspen Sanitation District to cover the costs of the District 111111111111 mil 11111 lilli 111111 lilli Ill 11111 lili lili 408121 09/05/1997 01:28P RESOLUTI DAVIS SILVI 2 of 3 R 16.00 0 0.00 N 0.00 PITKINCO COLORADO .. Engineer, construction observation, and to televise the completed line extension. 8. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Sanitation District. 9. Prior to issuance of a building permit, the applicant shall delineate and note any access and sanitary sewer easements required by the Sanitation Department on the final plat. 10. Al[ 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 June 3,1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: r.-1 2-4- L 21 City Attorney Sara Garton, Chair ATTEST: A Â¥ A .U ~Ackie Lothian, Deputy City Clerk t.;:, A .4 , r 111111111111111111 lilli lilli lili lilli 111 lilli lili lili 408121 09/05/1997 01:28P RESOLUTI DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO .. 5. Certificate of Occupancy 307, Sâ€¢f heiso' 1- ''.~,-1- . ..7 1..â€ž.... 1; - ....7-1...... r..iÂ» i.:c>Â·'ivk' . - 3,:210: -; , -44(-2....Fot.44.9.44.- pr 29 4 Â· - ..: ,- - --' Â·:.it-Â· ba, i.qiÂ¢#2~3*FFÂ¢f-FRA.,- 2 -- -06#KA**iÂ¢*1Â£Â·-: - t., ~ 1.442 .iNg- P ..., J.*,51Â« 004â‚¬ Â·0 h - NAL E-2 I ' CERTIFICATE OF OCCUPANCY ASPEN â€¢ PrrRIN COMMUNrrY DEVELOPMENT DEPARTMENT THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION 109 OF THE 1 994 EDITION OF THE UNIFORM BUILDLNG CODE. IT CERTIFIES THAT AT THE DATE OF ISSUANCE. THESTRUCTURE AS DESCRIBED BELOW WAS IN COMPLIANCE Wmi THE VARIOUS RESOLUTIONS AND ORDINANCES REGULATING BUILDING CONSTRUCTION AND USE IN THIS JURISDICTION. Use Classification: Single Family Residence / ADU Building Permit: 7-348 }%9.21,9-1. ' ..%....r Legal Description: Adj Parcell, Sunny Park Building Address: 329 Park Ave., Aspen, CO. 81611 Owner of Building: Otto N. Frenzel &72 8 :2. P- - Owner Address: 11330-Templin, Zionsville, IN. 46077 Group: R-2 Type Construction: V-N Use Zone: ' R-6 Description: 5,193 square feet including three bedrooms, three full baths, one 3/4 bath, two 1/2 baths, one kitchen and a three car attached garage. ADU includes one bedroom, onebath, one kitchen and one living area. Comments & Restrictions: Two gas Fireplaces: Masonry. Three gah appliances: Heat N Glo. Deed Restriction # i. :28 .19 4 4:4 I Â· Chief Building Official . Â· ' Date 0 +177* . .~-Â¢3 - f. Note: In all occupancies, except 14 this certificate must be posted 4%43% in a conspicuous place near the main exit on the premises for M*91 which it is issued. Any alteration or use of these described premises or #t44â‚¬ I 2~122': portion thereof without the written approyal of the Building Official shku fy:.1 F:, ey; )*R, : negate this C.O. and subject it to revocation. !*2$*>g- - 4837.- =Wy". 6 2>,r,Gy *2%:r ., 111.1,1. i .> 4.. I -1- - .1 - 2.,el ..14<.,Ir. . f 6. Existing Conditions Survey/Slope Analysis ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY DEEFET 1 ~R?H I SE~URVEYTBE aMMENCM ~OREÂ°THANSE YEARFFROMNTHt DATETOF THEACERTN I RTIONESHOWNNHER~ON. iMPROVEMENT SURVEY .. ADJUSTED PARCEL K 9 AS SHOWN ON THE B K BB K G SUED K V l[ S i PT K ON-LOT ON 1~<:~ AT PAGE LI[NE ADJUS MENT PLAT 9 RECORDED JANUARY 15 1997 K N PLAT 4 1 9 3 2 AS REC T K ON NO. 4009115 CiTY OF ASPEN 9 P K TK ~ N COUN*Y 9 COLORADO 9 l / ~Ik~ 7 K / FROM ASPEN/PITKIN COUNTY WEBSITE Dimensional requirements. The following dimensional requirements shall apply to all permitted 0. and conditional uses in the Medium-Density Residential (R-6) Zone District: - 1. Minimum lot size: six thousand (6.000) square feet. For lots creoted by Subsection 800,. NTE -- -37â‚¬ 20' ROAD AND U ITY EASEMENT 26.480.030.A.4. Historic landmark lot split: three thousand (3.000) square feet. 2. Minimum lot area per dwelling unit: 9%-> 3'C52020.7/7 -3- 5~.~9~-~- - 01 Detached residential dwelling: four thousand five hundred (4.500) square feet. For nLINE REVISED PORTI : AF EASEMENT ASPHALT historic landmark properties: three thousand (3.000) square feet. .46<- b) Duplex: four thousand five hundred (4.500) square feet. For historic landmark properties: hundred fifty (3,750) square feetÂ· three thousond (3.000) square feet. For properties subdivided as of April 28. 1975: four thousand SEE RECEPTION NUMBER 420749 $-- â€ž30. (4.000) square feet. For properties annexed subsequent to January I. 1989: three thousand seven FOR ELECTRIC EASEMENT DESC 2Â° 20' 27 - 0 ASPHALT c) Bed and breakfast. boardinghouse: No requirement. B b 4 2/DGE A 3. Minimum lot width: sixty (60) feet. For lots created by Subsection 26.480.030.A.4, Historic landmark lot split: thirty (30) feet. 1 -42Â· , -0 4. Minimum front yard: Principal buildings: ten (10) feet. Accessory buildings: fifteen (15) -' ~ ~~ feet. 5. Minimum rear yard: Principal buildings: ten (10) feet. For the portion of a principal building _12.5 Â· ADU 5ETBACK- VA- c --*HANDONED BIBB][G PROPERTY 1 / b.v\.um %\4~ 1* :--nmi*---43 RI4~CE R~Cr~~ '+~ / ~ "** . ~ used solely as a garage: five (5) feet. Accessory buildings: five (5) feet A V.-43Le..Â«-19 /20 8 * 1 f-- . I \ 4 -- 1.i-3-9-32iifil....-u / (Square Feet) for Each Side 8~ Lot Size Minimum Size Total of Both Side Yardsâ€¢ rA Yard < A/C ~ ~~ . CONâ‚¬RETe . 4 0-4.500 5 feet 10 feet ~ soft*Â» 1 Â» 1 +d> L~ 4 500 -6 . 000 5 feet 10 feet. plus I foot for each additional 300 square feet of L.S. 9~84 lot area. to a maximum of 15 feet of total side yard \t..Â» rte.0 Kix-- : 61 6.000- 8.000 5 feet 15 feet. plus I foot for each additional 200 square feet of ~ ~ lot area. to a moximum of 25 feet of total side yard \ 26. 7940 6 . '1:1. 0 . 5. # 130' ~ 0. -u~ ~ ; ~3 8.000-10.000 10 feet 25 feet. plus I foot for each additional 200 square feet of 0 -7942- - Â» ~ 0, lot area. to a maximum of 35 feet of total side yard. 01 9 GARAGE - ~ i lot area. to a maximum of 50 feet of total side yard. Â· 10.000+ 15 feet 35 feet. plus I foot for each additional 400 square feet of fc TWO STORY / ... CA.\ 4 / 1/ ./ I- 1%* 3, .. -1 0-7.500 10 feet 20 feet L / 44 D. : 328 PARK & 1* #. * 1 ~2 7 MIDI,-Al ArD f \2 , 9 Â«9 .-7 0 2 e . . . 410 50 6 e .5 @' : / ~* : ~L CONDOMI NI UMS 6 . 1 >wo STORY HOUSE W/ a o.a 7 4 / I 4, e\ W<LKOUT BASEMENT \ 1 F %\\\ 216 -\ 1 / f 9 I \ 1% r \ if... %/ D L.S. 23877 4 1\ 1,1 Â· 41 - t.j x Â· ~ .: 9 32. ~ . ._, 0 - *\ iMPROVEMENT SURVEY ct)Â·. DD R1 *4 ..0 *' 1 ./ 41 *T - \\\ 0* \ - e. / M e = F CERT K F I CAT I ON 89 \\ \ \\ \\\ \ 1 - .41 1 2%(/ 4/ 0 SURVEY PLAT AS DEFINED BY C.R.S. 38-51-102(9) AND THAT IT ]S A MONUMENTED 7933.3 + 1 - A = 1 - 1. JAMES F. RESER. HEREBY CERTIFY TO ZUCKERMAN MAGNOLIA FLOW ASSOCIATES. LLC â‚¬52-Â· DS -4 0/\ AND TO PITKIN COUNTY TITLE. INC. AND/OR ASSIGNS THAT THIS IS AN IMPROVEMENT e ' FENCES. HEDGES. OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE Ef LAND SURVEY SHOWING THE LOCATION OF ALL SETBACKS. STRUCTURES. VISIBLE UTILITIES. \Ne ~~Â»~ A 15 ~ 9.. \f V 0</ ~ TWO FEET OF ALL BOUNDARIES OF SUCH PARCEL. ANY CONFLICTING BOUNDARY EVIDENCE OR LL 1 .4 HOUSE PCT23262W2. OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT. Â·,p. STORY o VISIBLE ENCROACHMENTS. AND ALL EASEMENTS. UNDERGROUND UTILITIES. AND TUNNELS DESCRIBED IN PITKIN COUNTY TITLE. INC. S. COMMITMENT FOR TITLE INSURANCE FILE NO. \1X \ i ts LU 2.0 <4M.7 0 0 -L Â· 14% 6 h . .0 f BY: A ~ \~\ JAMES F, RESER, L,S, 9184 ALPINE SURVEYS 11-28-11 0 3 X 933.7 0 - i *34..mg - "1 11 - 0 L.S. 9175 < LEGAL DESCR K PT K ON 7-4 1 4 LANE PROPERTY Â»1 1 \91\ U 1 /44 2 -11\ ' ADJUSTED PARCEL I. AS SHOWN ON THE BIBBIG SUBDIVISION EXEMPTION-LOT J\ .6 a A LINE ADJUSTMENT PLAT. RECORDED JANUARY 15. 1997 IN PLAT BOOK 41 AT PAGE 0 996 CP 31 AS RECEPT ION No. 400915, CITY OF ASPEN, PITKIN COUNTY, COLORADO 7-4 W V 4 el m m NOTES ~ . ~ ~~,~~~~ ~ ~~~~ ~~;~Â·~~~ ~~~ THE BASIS OF BEARINGS IS BETWEEN FOUND REBARS AND CAPS L.S. 9184 ON THE NORTH LINE OF THE 96 \1 gil 0 Ul 1936 a 17 PARK AVENUE CONDOMINIUMS AS SHOWN ON THIS SURVEY. SAID BEARING IS S 89Â°46- E 9 0 - 8 \\ \ L \\11 6'1 THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY ALPINE SURVEYS OR JAMES F, RESER TO DETERMINE 7935' INTERPOLATED FROM THE ~:~1 INSURANCE PROVIDED BY PITKIN COUNTY TITLE. INC. CASE NO. PCT23262W2. EFFECTIVE DATE: OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM AND SUBJECT TO A COMMITMENT FOR TITLE 1 1997 ALP I NE SURVEYS ~ \ \ ~\ 1 ~ 49'4â‚¬ 'OR " 7/.90 ' ,~pÂ·. 52 4/ELD Â£ i a IMPROVEMENT SURVEY AND SITE PLAN ~ ~ ~ OCTOBER 26, 2011 AT 8:00 AM - - - - - - - - - SLANTED INFORMATION IS FROM THE BIBBIG SUBDI VISION PLAT LOT LINE ADJUSTMENT PLAT LS. 37935 L.S. 9184 -TOP OF SLOPE- SCALED 15' SETBACKS ARE FROM THE 1997 ALPINE SURVEYS IMPROVEMENT SURVEY AND SITE PLAN AND CLP L.S. 9I94 FROM THE ALPINE SURVEYS THE SETBACKS NOTED AS REC. NO. 408199. 408120 AND 408121 ARE SHOWN WHERE, IN THE BASIS OF BEARINGS I IMPROVEMENT SURVEY AND SURVEYOR'S OPINION. THEY WOULD MOST LIKELY BE HAD THE PLAT CONTEMPLATED IN THE SITE PLAN, FRENZEL APPROVAL BEEN PREPARED AND RECORDED. THEY ARE NOT TO BE RELIED UPON FOR ANY PURPOSE. RESIDENCE, BIBBIG SUBDIVISION EXEMPTION LEGEND LOT LINE ADJUSTMENT PLAT, DATED 1.03.97 7932 NOVEMBER. 2011 TOPOGRAPHY X 7435.3 SPOT ELEVATIONS - -7932- - 1997 ALPINES SURVEYS IMPROVEMENT SURVEY AND SITE PLAN 0 FOUND REBAR AND CAP ~ ELECTRIC METER Â«3 ROCK WALL PARK AVENUE CONDOMINIUMS â€¢ TRAVERSE POINT -R- LIGHT POLE O CA TV PEDESTAL W E - WOOD FENCE L I NE m TEL COM PEDESTAL ~ TRANSFORMER .. M GAS METER ~ TELEPHONE PEDESTAL IMPROVEMENT SURVEY 329 PARK AVE. ASPEN. COLORADO BY: ALPKNE SURVEYS 0 5' lo' 15 20 SCALE: 1"=10' JAMES F. RESER L.S. 9184 1101 VILLAGE RD. CARBONDALE. CO 81623 970-925-2688 DATE: 11-28-11 SCALE: 1" = 10 JOB NO.: 84-126-5 , 1 /10/In. I ,â€¢, In Â£=}al .. 7. Proposed Amended Plat t FIRST AMENDED PLAT OF ADJUSTED PARCEL 19 BEBBPG SUBD 1[ ViEXON EXEMPT 1I ON LOT L K NE ADJUSTMENT PLAT E STREAM MAR G K N REVIEW AND COND K T H ONAL USE REVIEW J ... ADJUSTED PARCEL I[ g AS SHOWN ON THE BABBEG SUBDEVESEON EXEMPTI[ON-LOT LENE ADJUSTMENT PLAT 9 RECORDED JANUARY 15, 1997 I[ N PLAT BOOK 41 AT PAGE 3 1 AS RECEPTK ON NO. 40091 5 9 CK TY OF ASPEN 9 P K TK I[ N COUNTY , COLORADO THE PURPOSE OF THIS AMENDED PLAT IS COMPLIANCE WITH THE RESOLUTIONS DESCRIBED IN PLAT NOTE 1, DESIGNATION OF THE LOCATION OF THE NOTES TOP OF SLOPE AND APPROVAL OF VARIANCES FOR EXISTING IMPROVEMENTS THAT DO NOT CONFORM WITH THE RESOLUTIONS DESCRIBED IN PLAT CERTIFICATES & APPROVALS 1. DEVELOPMENT OF THIS PROPERTY IS SUBJECT TO THE ALLOWANCES AND LIMITATIONS NOTE 1, AS DEPICTED HEREON. ~ CERTIFICATE OF OWNERSHIP OF CITY OF ASPEN PLANNING 8 ZONING COMMISSION RESOLUTIONS NOS. 97-6 RECORDED AS RECEPTION NO. 408119, 97-8 RECORDED AS RECEPTION NO. 408120, KNOW ALL MEN BY THESE PRESENTS THAT THE ESTATE OF OTTO N. FRENZEL, 111 AND 97-12 RECORDED AS RECEPTION NO. 408121. IS THE OWNER OF THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, AND l IN THE COUNTY OF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY BEING 2. FLOOD PLAIN INFORMATION SHOWN HEREON WAS TAKEN FROM FEMA FLOOD INSURANCE MORE PARTICULARLY DESCRIBED AS ADJUSTED PARCEL 1, AS SHOWN ON THE BIBBIG RATE MAP OF PITKIN COUNTY COMMUNITY PANEL NO. 0809700204 C WITH AN EFFECTIVE DATE OF JUNE 4, 1987 100 YEAR FLOOD LINE AND 500 YEAR FLOOD 1997 IN PLAT BOOK 41 AT PAGE 31, AS RECEPTION NO. 400915, CITY OF ASPEN, SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT, RECORDED JANUARY 15, LINE WERE BASED ON DETERMINED ELEVATIONS SHOWN THEREON. PITKIN COUNTY, COLORADO.. 3. THE BUILDING ENVELOPE FOR STRUCTURES AND RELATED IMPROVEMENTS AND FOR THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY BE LAID OUT AND SURVEYED AS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBDIVISION EXEMPTION LANDSCAPING, INCLUDING NON-NATIVE PLANTINGS, SHALL BE THE BOUNDARIES OF ADJUSTED PARCEL IX LOT LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) THE PROPERTY NORTHEAST OF THE TOP OF SLOPE SUBJECT TO SETBACKS AS DEPICTED N IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. HEREON AND IN ACCORDANCE WITH THE LAND USE REGULATIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, EXCEPT AS OTHERWISE DEPICTED AND APPROVED HEREON. IN WITNESS HEREOF OTTO N. FRENZEL, IV, PERSONAL REPRESENTATIVE OF OWNER, EXISTING IMPROVEMENTS OUTSIDE OF THE DESIGNATED SETBACK LINES ARE APPROVED - ~ HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS __-__ DAY OF DECEMBER, AS VARIANCES BY THIS FIRST AMENDED PLAT. ---- --i-- 2011, A.D. 4. TOP OF SLOPE/LIMIT OF DISTURBANCE IS BASED UPON 1997 ALPINE SURVEYS IMPROVEMENT *N ~ THE ESTATE OF OTTO N. SURVEY AND SITE PLAN AND AS DETERMINED BY NOVEMBER 25, 2011 TOPOGRAPHI C SURVEY Â°20'27-E 56.89 FRENZEL, 111 5. THERE SHALL BE NO DEVELOPMENT BELOW OR WITHIN FIFTEEN (15) FEET ABOVE THE / - - -20292.-AND_Eft /TY EASEMENT BY TOP OF SLOPE CONTOUR EXCEPT FOR THE EXISTING IMPROVEMENTS DEPICTED HEREON AND EXISTING VEGETATION/PLANTINGS. NO MANIPULATION OR PLANTING OF VEGETATION S82 E OTTO N. FRENZEL, IV, PERSONAL ASPHALT CENTERLINE REVIS D PORTION OF EASEMENT SHALL BE PERMITTED BELOW THE TOP OF SLOPE EXCEPT NATIVE VEGETATION PLANTINGS --i- ---- REPRESENTATIVE --- PURSUANT TO A LANDSCAPE PLAN APPROVED BY THE CITY OF ASPEN COMMUNITY STATE OF COLORADO ) DEVELOPMENT DEPARTMENT PRIOR THERETO. ) SS. SEE RECEPTION NUMBER 420749 : S 820'20'27-E FOR ELECTRIC EASEMENT DESC T 1 014 ~ f EDGE OF ASPHALT ~ 6. ANY DEVELOPMENT BELOW THE TOP OF SLOPE DEEMED ESSENT I AL SHALL ONLY BE 74.2/ COUNTY OF PITKIN ) APPROVED BY SPECIAL REVIEW PURSUANT TO SECTION 26.64.040(D) OF THE LAND [a THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS -___ DAY OF DECEMBER, CURB CUT VÂ», A USE REGULAT I ONS OF THE CITY OF ASPEN MUNICIPAL CODE. 2011, A.D. BY OTTO N. FRENZEL, IV, AS PERSONAL REPRESENTAT IVE OF THE ESTATE I . 1 4 I a - a / 43 OF OTTO N. FRENZEL, 111. 7. THE DIMENSIONAL VARIANCES FOR THE FRONT YARD SETBACK (12 FEET 6 INCHES) AND THE BIBBIG PROPERTY .i ~ WITNESS MY HAND AND SEAL. SOUTHEAST SIDE YARD SETBACK (3 FEET) WERE GRANTED PURSUANT TO RESOLUTION NO. 97-8. 12.5 . & 4 -ARD_SETBACKÂ·_yeR LANCE R EP12NÂ· No.Â· 120<"'-'~- . g MY COMMISSION EXPIRES: : 1 8. THE OWNER OF THE PROPERTY DEPICTED HEREON SHALL BE RESPONSIBLE FOR MAINTAINING .. 4 THE HISTORICAL DRAINAGE THROUGH THE PARCEL. 4 ---.. Â«41-452>SETBACK . 9. THE ACCESSORY DWELLING UNIT (ADU) DEPICTED HEREON IS SUBJECT TO THAT CERTAIN ACCESSORY - 7-~- -- Â·--. i.0 - - 1- _ _ 4 ~ NOTARY PUBLIC 10 1 5.-no .., ---7 4 DWELLING UNIT DEED RESTRICTION RECORDED OCTOBER 28, 1998 AS RECEPTION NO. 423652. 90.....6........ , 6 * CONâ‚¬RETE t...,941, ....-.- 4 C A/C > F AB 10. THE BASIS OF BEARINGS IS BETWEEN FOUND REBARS AND CAPS L.S. 9184 ON THE NORTH LINE OF THE SURVEYORS CERTIFICATE PARK AVENUE CONDOMINIUMS AS SHOWN ON THIS SURVEY. SAID BEARING IS S 89Â°46' E 4/4 .......+Â«->..... \Â»Â» 4+02 .:-.Â· 1 \15 1, JAMES F. RESER, HEREBY CERTIFY THAT THIS FIRST AMENDED PLAT OF ADJUSTED 0 11. THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY ALPINE SURVEYS OR JAMES F. RESER 4 4 - - - L.S. 9184 . : e PARCEL 1, BIBBIG SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT (STREAM /96 i 44 TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS PERFORMED UNDER SUPERV ISION EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTA I NED FROM AND SUBJECT TO A COMMITMENT ' '' ~ ~ ~ h F Â·. \Â·. 7 AND DIRECTION IN DECEMBER OF 2011. THIS SURVEY RELIED UPON A COMMITMENT 17 01 ' FOR TITLE INSURANCE PROVIDED BY P I TK I N COUNTY T I TLE, I NC., FOR T I TLE I NSURANCE PROV I DED BY P I TK I N COUNTY T I TLE, 1 NC. , CASE NO. PCT 23262W3. s '0 EFFECTIVE DATE: NOVEMBER 29, 2011 AT 8:00 AM ~3 = B 6Â· 'dÂ· ~Â·Â·Â·. 7 CASE NO. PCT 23262W3. EFFECTIVE DATE: NOVEMBER 29, 2011 AT 8:00 AM U> â€¢ '# 9 9 Â· 4 ,4 ... TWO STORY GA@AGE ~ AND ACCESSORY ~. 0 ,....% A. JAMES F. RESER L.S. 9184 I. 2 DWELLI NG/ON a T 0 % 4,/ 9. I 328 PARK & .6 46%) I....45.1 ./ 0 aBBE . CITY ENGINEER S APPROVAL 104 + * : 327 MIDLAND 0 ~ 4 ~ ' THIS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBD IVISION EXEMPT ION LOT TWO STORY HOUSE Ve ~ + ; %~ LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS S Â· 3Â· . i CONDOMINIUMS REVIEWED BY THE CITY ENGINEER THIS ___-_ DAY OF DECEMBER, 2011. % 000 \ WALKOUT BASEMENT 5 , 1 ..... a /\ .. CITY ENGINEER % 9 - 4 ... 9 -1 - 31\ ... <b/ CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR L.S. 23877 \ O â‚¬ A . LIX THIS FIRST AMENDED PLAT OF ADJUSTED PARCEL 1, BIBBIG SUBDIVISION EXEMPTION LOT a ..... ''00 o . \1 0 :, 4 0, LINE ADJUSTMENT PLAT (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) WAS Â»Â«----- 04/ 4 \ i %11 1 1 -14 4 REVIEWED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR - THIS --- - DAY OF DECEMBER, 2011, SUBJECT TO THE TERMS AND CONDITIONS OF \ '6 1 4,231, .. . 0,4 e \ (f/ 0 DETERMINATION NO. --------- IN THE PITKIN COUNTY RECORDS. % ....91 - 409. C 45/ \ 0 4.1 49\ / /.40 .. *4/~ ~ --- CITY OF ASPEN COMMUN I TY a \ 11~ ; 2/ \ ~ DEVELOPMENT Â· 3- / 6 0- Â·19 9, ; f \% V 02 0 /08 : 46 A TWO BY 0 DIRECTOR Ve ..0 -5 1-:LL B : N Â· STORY 0 HOUSE LU 150 : a CLERK AND RECORDER S CERTIFICATE 0 2 + / 7 Ul 7\.. 6 9 . 0 THIS AMENDED PLAT WAS FILED FOR THE RECORD IN THE OFFICE OF THE CLERK AND 2- 1 e %'; S 0 RECORDER OF P[TKIN COUNTY, COLORADO AT -_____-_- O CLOCK ---.M. ON THE 0 80 /4 A 0 LA ' ~ Â· ~~- 1~ DAY OF DECEMBER, 2011, AND IS DULY RECORDED IN BOOK --___ AT PAGE ___-_, AS I V SI ONÂ· Â· I O~N-...~ /, RECEPTION NO. L . S . 9 I 75 PITKIN COUNTY CLERK & RECORDER I . . R \1 g <\ 0 0~ LANE PROPERTY BY f ' ~u===A DEPUTY 9 19 W \ 0 \ A 7938- ~ r . rn -n 1 F( TITLE CERTIFICATE ....... 7 U. i -= m 0 Ch 0 - ............. 01 0 \Â¤ A m I, TOM TWI TCHELL, AN AGENT AUTHOR I ZED BY A TI TLE I NSURANCE COMPANY , DO HEREBY 19* / CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS FIRST \ U\ \U \ / a AMENDED PLAT AND THAT TI TLE TO SUCH LANDS IS VESTED IN THE ESTATE OF OTTO N. FRENZEL, 111 FREE AND CLEAR OF ALL LI ENS AND ENCUMBRANCES (1 NCLUD ING MORTGAGES, / \ L / -n Â» 0 - 1 1 V DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: THOSE DISCLOSED \ U\ IN TITLE COMMITMENT, CASE NO. PCT 23262W3, ISSUED BY PITKIN COUNTY TITLE, INC. \ ON BEHALF OF WESTCO LAND TITLE INSURANCE COMPANY. 1 DATED THIS ---- DAY OF DECEMBER, 2011, A.D. N 74 9Â»*Onnoln~ 00 0 PITKIN COUNTY TITLE, INC. 1 \* 9Â° O - 71.90' 75.52 FIELD 1 LI \ i i x L.S. 37935 L.S. 9184 RY \ W E j LEGEND TOM TWITCHELL, AGENT ----~ ADU ~ACK FOUND REBAR AND CAP L.S. 9184 BASIS OF BEARINGS I FIRST AMENDED PLAT OF ADJUSTED PARCEL I. BIBBIG Â· Â·.Â·Â·--:. APPROX. EDGE OF TREES----~~\7935-- NOVEMBER, 2011 TOPOGRAPHY (STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW) SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT 0 5' 0 0 FOUND REBAR AND CAP IEI ELECTRIC METER Â«3 ROCK WALL BY: ALPI[NE SURVEYS 15' 20 -~- LIGHT POLE D CA TV PEDESTAL SCALE: 1"=10' PARK AVENUE CONDOMINIUMS â€¢ TRAVERSE POINT - WOOD FENCE LINE m TEL COM PEDESTAL ~ TRANSFORMER JAMES F. RESER L.S. 9184 5 TELEPHONE PEDESTAL 1101 VILLAGE RD. CARBONDALE. CO 81623 970-925-2688 ~ GAS METER DATE: 12-20-11 SCALE: 1- - 10 JOB NO.: 84-126-5 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. I N NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT I N TH I S SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERT IF ICAT ION SHOWN HEREON. 0* 1- 9066 lauzci_-0 .. NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 ELJGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEI LEY Glenwood Springs, Colorado 8i6oi (970) 928-9393 (970) 925-9393 Fax (970) 928-9399 Fax (970) 925-93(96 January 25, 2012 HAND DELIVERY Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith you will find two mylars of the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption executed by the owner, surveyor and title company. Also enclosed is a paper copy for your files. This mylar is identical to the one previously submitted, with the exception of the previously discussed revisions to Plat Notes 3 and 4 and the correction of the dates from December to January. I am also enclosing a check in the amount of $16.00 to cover recording fees for the letter related to the ADU setback encroachment. We previously delivered to you a check for $11.00 to cover the Plat recording fees. Of course, my client is anxious to finally get this Amended Plat recorded. We would appreciate whatever you can do to expedite recording. As always, thank you for your assistance with this matter. LIrliT yours, ~ & ALDER tkichard Y. Neiley, Jr. RYN/agk Enclosures cc: Otto Frenzel, IV Diana Ettlinger, Esquire Jonathan Feinberg .. Amy Guthrie From: Neiley & Alden Attorneys <aspenlaw@neileyalder.com> Sent: Wednesday, January 18, 2012 11:49 AM To: Amy Guthrie CC: Jonathan Feinberg Subject: RE: FrenzI Amy, Thank you for your email and your telephone call of this morning. First, with respect to the road easement contained at Book 417 at Page 697, the title commitment that we submitted with the Application for Approval of Amended Plat does not reflect that easement. It was previously vacated. Schedule B, Section 2 of the title commitment identifies all title exceptions, and you will note that that easement is not reflected as a exception to title. I apologize for missing the first seven words of Plat Note No. 4 in reviewing the most recent Plat from the surveyors. 1 would observe that there is room above Plat Note 4 to insert the missing language, and we would request the City's cooperation in allowing the words to be handwritten in as Mr. Frenzel resides in Indiana. Similarly, correcting "December" to "January" can be accomplished by hand. Hopefully, Chris will agree and we can wrap this matter up, What do you think the time frame is for hearing back from Chris? As you probably have gathered, there are people out there anxious to get the Amended Plat recorded. Thanks for your help. Regards, Rick Neiley Richard Y. Nelley, Jr. Neiley & Alden Attorneys 201 North Mill Street, Suite 102 Aspen, CO 81611 (970) 925-9393 Telephone (970) 925-9396 Fax aspenlaw@neilevalder.com From: Amy Guthrie [mailto:Amy.Guthrie@ci.aspen.co.us] Sent: Wednesday, January 18, 2012 10:56 AM To: aspenlaw@sopris.net; Jonathan Feinberg Subject: FrenzI On one plat note, you've accidentally left out the highlighted words below and started midsentence. fhere is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope. This is an effort to protect the existing riparian vegetation and bank stability. New 1 platings (including trees, shrubs,71Swers and grasses out side of the designat(Mbuilding envelope on the riverside shall be native riparian vegetation as approved by the City. I'm waiting for Chris to determine if hand writing this correction, and the date errors is ok. Once Chris signs, it goes to Engineering. It seemed as though you addressed their comments, but that's for Trish to review. Then we'll record. I think I need an additional check to pay the fees to record the letter about the fire escape and the walkway. Will let you know. Email secured by Check Point 2 1 1. . t,4*,44 LÂ· ReceptionNO 441*11,4 7 -, - rÂ© ~ Â· Re:.orded at 11:40AM November 23, 1981 Loretta Banner Recorder 23'700 ~2 3 47 > 4 1 '. B s,4.417 ?101097 1 GRANT OF EASEMENT % ti THIS GRANT OF EASEMENT made this 13 day of i li , 1981, by and between Dieter 41)ilf~11, 0 /Voy b.~10 tr- h If Riverbank West Corporation, Riverbank Corporation, and Bank 4- { of Aspen as Grantors, to Peter Heinemman, Grantee, 1 WITNESSETH: 9 That for Ten Dollars and other good and valuable ~ . 1 consideration, which is hereby acknowledged, the Grantors have this day bargained and sold, and by these presents to hereby grant, bargain, convey and deliver unto Grantee, his heirs, successors and assigns, a permanent twenty (20) foot ~ of Grantee located northerly and westbrly of property owned by e easement for road purposes for irarys and egress to property ao -<6â€¢- C,â€¢40'~â‚¬*t k.tâ€¢/Illts J #'U A Grantors, said easement more fully described as follows: /1 4. f A road easement situated in the Southwest one-quarter of the Southeast one-quarter of Section 7 and the l i Northwest one-quarter of the Northeast one-quarter of Section 18, all in Township 10 South, Range 84 ~ . West of the 6th P.M., being a part of Mollie Gibson Lode, United States Mineral Survey No. 4281 Amended fl,tr 3 and part of The Lone Pine Lode, United States Mineral Survey No. 1910 and part of Lot 3, Sunny Park g Subdivision, being 20 feet in width lying 10 feet 6 L - on each side of the following described centerline: 4 BEGINNING at a point on the Southeasterly line of said Lot 3, whence Corner No. 3 of said Mollie Gibson Lode bears North 71Â°45'19" West 298.26 feet; aL,rE thence 28.61 feet along the arc of a curve to the right having a radius of 30.00 feet; thence 42.00 feet along the arc of a curve to the 4.ix-/ left having a radius of 140.00 feet; I . .. 1. thence North 66Â°55'00" West 57.00 feet; thence 16,23 feet along the arc of a curve to the right having a radius of 40.00 feet; thence North 43Â°40'00' West 32.00 feet to a point A34'45 on the Southeasterly line of the Bancker property. + 4 All of the above being situatud in Pitkin County, Colorado. CL' 3.4 This easement is shown in the "Bibbig-Drew Plat", which was filed and recorded on August 23, 1973 in Plat Book 4, Page 398 of the records of the Clerk and Recorder of Pitkin County, is ,Â·tÂ· 1 - 4 -54,1 1 FAM '%.... ~*42%Â»3091*199?:fer~ En G '.' , 1- 13*~43 2144'3Â·'' If . I Or' Â· r , m'Rk..4 9.417 rA[Â·t698 lk; t! i A ' 0 referred to in the deed dated September 18, 1973 from Michael L it John and Ingetraut Drew to Gertrude Bibbig, recorded at Book 280, H e Page 592, 593 of the records of the Clerk and Recorder of Pitkin ~ 28 County, and in the deed of October 17, 1973 from Gertrude Bibbig ~ /6 4 to Mi-chael John and Ingetraut Drew, recorded in Book 280, Page 590, 591 of the records of the Clerk and Recorder of Pitkin County, and was also the subject of the Grant of Easement of January 9, 1975 from Michael John and Ingetraut Drew to Patricia 4 U Bancker and Evert Bancker, recorded in Book 384, Pages 693, 694 of the records of the Clerk and Recorder of Pitkin County, Colo- rado. This easement has been, is, and shall at all times be deemed to be, and shall be, a continuing covenant running with , the land and shall be binding upon and in favor of the successors t i ?71.: and assigns of the respective parties hereto, such easement being C.1 i appurtenant to the property and providing access to, the property . ~ *947 owned by Grantee. 44 ; &Â·~32 ,Â»4 1 4 2 !4 - A//6 Dieter Bibbig 1'**'' Riverbank Corporation 4 ':6' st-*i_ P.WN,WA L./ 9-0- -- \ Qi,~Aa, t.Â·q~f'Qtaty ' Dieter Bibbig +- A , }13 41* .71,)(tt:Al: Bank of Aspen /4<~~ , B: M,WLE- 2 32*Â· . ./Secretary 1/4 // 1 ~33~4i:k West Corporation 49%1Â· /,gaze. hA AU.4 By: 309 < 4uft/WO Â©~ ( SCAL 91Secretary ~ Dieter Bibbig 2.9. Gy-0 \Â»51/' f, -4-. 9944' 1.' 1.9 1 -2- fs=0 1*Nc . 249 - Â»:Gi 8 -- 1 L. ... 4. v.' " 9.1-41- 7 - , 4 '9 .. 1 PÂ«'Fi /4.1 Fl#*49 ?râ‚¬" A.>t '04 Boo<417 noi699 STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) On the O day of ~6JQ.ap- , 1981, before me personally appeared Dieter Bibbig, individually and as President of Riverbank Corporation and Riverbank West Corporation, and Sheilah Bryan as Secretary, to me known to be the persons described in the above instrument, executed the above instrument Ahd: duly acknowledged to me that they executed the same. &, --Â·,p Â·1.Â·Â·Â·" 4Â·.,7.Jpitness my hand and official seal. ,Â·(- ff?'.Â·~~ jeTFÂ·'A''h.3;fy commission expires: 6/,i /VI-. c ; 2:li'.:P u tif'.#4,:Â·ii ./ Notary Public I flui_~ f__Â·f-Â« -_ 4-1 t- tf . tA .1/ 0-Â·.i- /241, Po, - A<(24 , cj<. p )â‚¬ 0 STATE OF COLORADO) ) SS ' COUNTY OF PITKIN ) On the 20thday of November , 1981, before me personally appeared James W. Patterson , to me personally JÂ·Â·1\.. .-Â·" - "k*PWrâ€¢.. to be the President of the Bank o f Aspen, and , ...Me44,tary, : who executed the foregoing instrument on behalf of 114.Â·18 ,6,Â·'' the,B*k. of Aspen, and duly acknowledged to me that they executed i REÂ· ~~0Â«.-. Â· 4 ... C. e> 1 ... ' p.jr,~>olitbess my hand and official seal. .. '7>~ 'Â·Â· ,04; Commission expires: 1-21-85 th<.4 1 ' 430 F 0-1 90,112.40 *42 *21Â»y'aEG.4/rn Le.AOLK 4 krA. Ad a re r f -- cio Garfield & Hecht 601 E. Hyman Ave., Aspen, CO 81611 ' *if. Â·9-62 â‚¬ 1 ;04** = Â«t. 3%82 9.Fr-4 r.y. ,{4 119. 6%4 02 -3- I....,91 i.+Ay: -4141 42.411 -- ,-ditti . *499 .. NEILEY & ALDERECEIVED ATTORNEYS JAN 1 3 2012 CITY OF ASPEN Please Reply To: COMMUNITY DEVELOPMENT RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENIE M. A[.DER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 81601 (970) 925-9393 Fax (970) 928-9399 (970) 928-9393 Fax (970) 925-9396 Email ifneileiÂ·(a,sopris.net January 13, 2012 Chris Bendon City o f Aspen Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado Dear Chris: As you know, we represent the Estate of Otto N. Frenzel II, the owner of the above- referenced real property in the City of Aspen. The purpose of this letter is to address two issues that have arisen in connection with the City of Aspen's review of the proposed Plat Amendment with respect to the above-referenced property. First, the First Amended Plat/Survey of the property dated January 10, 2012 depicts two "A/C units" in the northwest side yard setback. The small "A/C unit" is approximately 22 inches in height as depicted in the photograph submitted herewith. The larger "A/C unit" is located within a fence enclosure that is approximately 5 feet in height. The unit is approximately 22 inches below grade and is accessed by 3 steps. That unit also extends above grade approximately 12 inches. A photograph o f this unit is also enclosed. None of the air conditioning/mechanical equipment on the property extends more than 30 inches above or below grade and, therefore, represent permitted installations in the side yard setback under the Land Use Code of the City of Aspen pursuant to Section 26.575.020E5. Second, the Improvement Survey for the subject real property submitted with the Application for Plat Amendment depicts a "flagstone walkway" to the southwest side of the residence between the "setback edge of the deck" and the "top of the slope." As a condition of approval of the Plat Amendment, our client has agreed that the flagstone walkway will be removed by June 1, 2012 and that any disturbed area resulting from such removal will be revegetated with native plantings. To insure the enforceability of this condition, I have included .. Chris Bendon January 13, 2012 Page 2 a reference to this obligation in our letter to you regarding the fire escape projection into the southeast side yard setback which is intended to be recorded in the real estate records. If you need anything further with respect to either o f these issues, or anything else related to the Plat Amendment Application, please do not hesitate to contact me. Thank you for your assistance with this matter. Very truly yours, i \ NEILEY,â‚¬\ALDER By: 1 1 Richard Y. Neiley, Jr. Enclosures . %* 4%*.4, 2 -;,{fit 3 1 & - \02 0 3 - - 1Â· .k I + . 7 i .t., I , Â¥ i I .1 0 1 . 4 i 9 *, ,0 12 44 *t '; ,J {11 #' 4. . 1 ./ ./ ,4 / I 't/,4 ' .-AJ 9, ' 7" M.2*/.0, 9-#.rv ...f f .4- - ./.1-1 + Ap -Â£ -*Ing=u'lt//U//0/.9. g:. 1 i-114.-liallit#lia'.I--Il-=i'k .. Mci----m--/.li.--I,illm .1 , Elliallilillip::1111/:1:Williti/"11.QUI/// .i if - 4 4.1...."Ill...Fll'-U.4/ ~m-=50259.-= , . '0" **VFTMÂ» *G'' 1 10 . n , 4 7 1 4 I + .. RECEIVED JAN 1 3 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT i. I 0.4,/ ' Â» , 1 - m * 4 94. , 4 j 'ta ..â„¢L, i i *9*Pt . al . ..9. 2 *i, 435 ,".* \ AW f. . 34.... 14 *.t '17 . â‚¬ S" > 04~ 1 ) I ' 4 - 4 4 4. i -9 I. ./ f , - 9 + - /6, 1 & I. t ,~ 1, ai 4/* 3 - f 91, 1 444~ * 1 43 4% El e Â¢ 9 / '4 4 . -t 30.12 2011 ; I~~.."Â«g .. RECEIVED JAN 1 3 2012 CITY OF ASP , COMMUNITY DEVELO:y i . iÂ· RECEP ,- r JANI' CITY O COMMUNIn . " *dENT .. NEILEY & ALDER RECEIVED ATTORNEYS JAN 1 3 2012 Please Reply To: RICHARD Y. NEILEY, IR. CITY OF ASPEN 201 North Mill Street, Suite 102 EUGENE M. Ali)ER COMAE ft' Upper Level Aspen, Colorado 8i6ii JOHN F. NEILEY lorado 81601 (970) 928-9~93 (970) 925-9393 Fax (970) 928-9399 Fax (970) 925-9396 Email jfneilev@supris.net January 13, 2012 HAND DELIVERED Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith, you will find two (2) mylars of the above-referenced Amended Plat that have been executed by my client. Also submitted are two (2) paper copies of the same Amended Plat. I believe these incorporate all of the revisions requested by Planning and Engineering. I also enclose an $11.00 check payable to the Pitkin County Clerk and Recorder to cover the cost of recording the First Amended Plat. Additionally, enclosed you will find copies of two (2) letters to Chris Bendon, the first addressing the air conditioning units in the setbacks and the second addressing the "fire escape" serving the ADU where it encroaches into the southeast side yard setback. I believe these cover all of the outstanding issues with respect to final approval of the First Amended Plat. I would appreciate it if you would notify me when the Amended Plat has been recorded. If you need anything else, or have any questions, please contact me at your earliest convenience. Thank you for your assistance with this matter. rh Very truly *ours, NEILEd & ALDER 11/1, By: / ~- ~ Richard Y. Neiley, Jr. ec: Otto Frenzel B. Joseph Krabacher/Diana Ettlinger 2@.im,MI#MM~ .. NEILEY & ALDER ATTORNEYS Please Reply To: RICHARDY. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 81601 (970) 928-9393 (970) 925-9393 Fax (970) 928-9399 Fax (970) 925-9396 Email ifneileÂ¥@sol)ris.net January 13, 2012 Chris Bendon City o f Aspen Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat - 329 Park Avenue, Aspen, Colorado - ADU Fire Escape Encroachment into Southeast Side Yard Setback Dear Chris: As you know, we represent the Estate of Otto N. Frenzel III, the owner of the above- referenced real property in the City of Aspen. This letter is in response to your email of December 29, 2011, regarding the ADU deckl exterior mounted fire escape on the southeast side of the accessory dwelling unit on the property. It is our understanding you agree that the projection of the deck/fire escape into the southeast side yard setback, as depicted on the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat (dated January 10, 2012, and to be recorded following approval of this letter), constitutes a permitted projection into the setback pursuant to Section 26.575.020E5j of the Land Use Regulations of the City of Aspen. Please acknowledge your concurrence with our understanding regarding this projection into the setback by executing a copy o f this letter on the line provided below. Upon execution, it is our understanding that this letter will be recorded in the real estate records in Pitkin County. RECEIVED JAN 1 3 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT .. Chris Bendon January 13, 2012 Page 2 Finally, our client has agreed that the "flagstone walkway" located between the residence and the "top of slope" to the southwest will be removed by June 1, 2012, and any disturbed area will be revegetated with native plantings. Thank you for your attention to these matters. Very trulhturs, NEILEYf\ALDER Al D Lt L~/tr- By: / Richard Y. Neiley, Jr. CITY OF ASPEN, COMMUNITY DEVELOPMENT 2% 15 10\,3 496is Bendon, Director ec: Otto N. Frenzel IV B. Joseph Krabacher/Diana Ettlinger 1/64 1 , 0 F t, U JAN 1 6 cud CITY 01- ASPEN COMMUNITY DEVELOPMEN/j .. Amy Guthrie From: Amy Guthrie Sent: Wednesday, January 04, 2012 6:01 PM To: 'Neiley & Alder, Attorneys'; 'Ettlinger, Diana Godwin'; 'Jonathan Feinberg' CC: Trish Aragon Subject: 329 Park Hi- I am taking the plat over to Engineering for review tomorrow. Here are Planning Office "redlines," just so you have a heads up and can start ironing out. This is not final until Engineering has weighed in: 1. Please strike reference to variances from the purpose statement at the top of the plat. In Plat Note 3, please strike the last sentence re: the approval of variances. No variances are being approved. As best we can tell, the A/C unit(s) in the setbacks meet the existing exemptions. 2. Please submit a letter directed to Chris Bendon asking him to confirm the interpretation that the staircase to the ADU is an allowed projection into the setback per Section 26.575.020.E.5.j, which allows for an exterior mount fire escape. Once Chris signs the letter, we will ask you record it, and then to add a Plat Note stating that the projection into the setback is allowed, and list the Reception No. for the letter. 3. In Plat Note 6, the code citiation is out of date. Please reference Section 26.304, Special Review. 4. The improvement survey indicates a road easement at the front of the property, along with a note that it "may be abandoned." There is a recorded easement. We need clarification and the easement may need to be shown on the plat. 5. The private sewer easement needs to be shown on the plat. 6. On the signature lines, please change the year to 2012. 7. Please submit a letter from the owner representing that the flagstone path will be removed and replaced with native vegetation approved by the City Parks Department as a condition to the acceptance of this plat. Let me know if any of this needs to be discussed further. Amy Guthrie City of Aspen Historic Preservation Officer 130 S. 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EÂ· 4 ' CONTENTS 1 U ' 1 ; SHEETâ€¢ y C*J tik , ' 1 /1 i , 0.0 \ #4% 1 /91 2 M,IN-FLOOR PLAN 1 \ A. % mV A .Â¥. 1 ..1 . 1 NORTH, ENTRY 4 S. eARAGE ELEVATIONS / / ~ 'Nt-1 4 / SECOND LEVEL FLOONFLAN % '22' MNE 4 / , \ j ' i LY /7- 1' . / fell 2 2~ 3 1/1 1 ' i 1 .\'~ ~ - 5 / nEST 4 SOUTH ELEVATIONS dpÂ·* 4 7#690 ' ~B &, 9 1 1 '' Â£ 964 A ADJUSTED PARC /'/ 66+3 1 6 r/ :2 i , lif *q # b/ EAST ELEVATION Â¢ BUILDING SECTION ' -40 \Vt:e 7 + 8 RESERVED .Exprir /./4, ... I / f>- ,-p-* 1 \\ i i i ~ t~~' _t 1% 34 ab12 ACKE , /77 \ \ t (/47 L Â¢ E- l,k ,.-'Â·4v' ~ , FOUNDATION PLAN Wi'INEe CORRIE. 1 m 72,/ 5 / P ~ I ! I x , 9 â€¢NALL SECTIONS /8 -207- 0 1 /1 lilli l' 1 I .. 1 1 SECOND FLOOR 4 LOMROOF FRAMING , ~ ~ - MAIN LEVEL FLOOR FLOOR FRAMING 0. , 61 h ' tO i'' ~~ 55 + 67-30 4 . S4 HIGH ROOF FRAMING 4%' / i ./ i 1 \Â»4-k- 1--3 - -+ r-- 95 NOTES 4 DETAILS \ r ......3. ~ 0 ~,>~~~~~~E~ Pt 302-(1% ~ arc./Tr.. 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BIBBIG SUBDIVISION Client BIT38 16 Surviyed FALL 1716 JFK Revision, 11.24 19 Job No 84 -126 -5 *CÂ».1~~**recl-1~-,~08 -f *-0~, - C-.~~r, Lm- [Fi"f. 14m--101. c,in.Â·cal.OM,H.n Nt Office 80 1730 Aspen, Color- 61612 EXEMPTION - LOT LINE ADJUSTMENT PLAT FORK- .... j 31 i 1 1\ C 1 .0. j 1\J i i / f / , 1 7------- -- 1 1 .1- \ 1 ,f 0 // I + \ i / \ / 1 // 1 -. / 1 ,1 1 1 \ 1 \ \Â«\ // 12 \/ 1 \ MA / 1 4 0 \/ 1 \ 1 h 1 1 r \ / 1 \ C i 7 \/ i 1! \ 16*-mi / \ \ \ 4 Â« / 1 1 1 11: 12 \ \ 0 4 1/ C C C \ 1\ \\\Â«/ C 0 294 1 1 1 c \ 4]= c 34 \ C \ / P i - \ 11\ 4 / \ 1\ \ 4 \ 2, / . It. \ 1 -- / \ i MIX / \\ 41 A Â©12 1 ~, ROOF PLAN \ \1 \\1 \ C \ 11 i \ 1 1 1 1 1 \ \ C 0 -0 41< J U .... 35 .. 1 PL.... I 1 .. 1 i 1 11 -B=--- - 1 1 VEIl I :1 A-- -r 1 An L 1 I 4 1[Jpl - 81.rÂ» -EL- 11 k -IT- .1- - ED[zE(30.J 1 1- - 11 1; 51-- 1 h 41>3442 1 11 3 11 -t 1 1 1 -1 =t T -- B.. 1 11 1 'Al . .51 i V . 11 .-1 1 11 Il---~ ;~- 7~ ~ 'Dofflj< _ 1 - 1- + I 0- IÂ¥ I 103=720>-/ U 11 1 1 RoE,-11 011--1 11 1 1\\rt.. 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