HomeMy WebLinkAboutcoa.lu.gm.AM/PM.285 N Spring St.A13-95 ID o
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 02/10/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737 - 073 -10 -002 A13 -95
STAFF MEMBER: KJ
PROJECT NAME: AM /PM VESTED RIGHTS EXTENSION
Rights
Project Address: 285 N. Spring Street Aspen, Colorado
Legal Address: North 1/2 lot 3, lots 4,5 & 6 and the south 1/2
of lot 7, Block 1, Oklahoma Flats Addtn. to the Townsite of Aspen.
APPLICANT: AM /PM Inc. 615 329 -9902
Applicant Address: 1700 Hayes St #304, Nashville, Tenn 37203
REPRESENTATIVE: Ventures West David Muckenhirn
4 Representative Address /Phone: Box 8352 303 925 -8889
Aspen, CO 81612
4 FEES: PLANNING $ 1020 # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 1020
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P &Z Meeting Date PUBLIC HEARING: YES NO
I ESTED RIGHTS: YE NO
CC Meetin Dhte P L C HEARING: ES NO
VEST ES NO
DRC Meetin 4e \ 1 k
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: INITIAL:
, City Atty City Engineer _ Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
DAVID MOCRENHIRN
303 - 925 -8889
P.O. BOX 8353
Aspen, CO 81612
June 2, 1995
Ms. Rim Johnson
Planning and Zoning Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Dear Rim:
Please consider this letter a request to withdraw my request for
extension of the vested rights for the Stream Margin Review for the
property located at 285 N. Spring St, Aspen, CO. Please refer to
the attached letters. i believe this is your case #A1395.
Additionally, would you please return the $1,020. you were holding
per our agreement.
Thank you very much for your assistance.
Sincerely,
Davi Muckenh' n
DM /cda
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DAVID MDCKENHIRN
303 - 925 -8889
P.O. BOX 8353
Aspen, CO 81612
February 8, 1995
Ms. Kim Johnson
Planning and Zoning Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
Dear Kim:
Please consider this letter a request for a three month extension
of the vested rights for the Stream Margin Review for the property
located at 285 North Spring Street, Aspen and legally described as
the north 1/2 of lot 3, lots 4,5 & 6 and the south 1/2 of lot 7,
Block 1, Oklahoma Flats Addition to the Townsite of Aspen. As you
indicated, code does not establish standards for extension of
vested rights. This request is based on the fact that our plans
are ready for application of a building permit. Pending the
results of our Stream Margin Review Exemption application and our
Ordinance 35 Review application, our plans will be finalized and
submitted for a building permit. You have indicated that the
Stream Margin Review application is ready for signature and the
Ordinance 35 Review is scheduled on February 14, 1995, so we expect
these review processes to be resolved relatively soon. A three
month extension of Stream Margin Review vested rights would protect
us from certain code changes while completing the review processes
and finalizing the plans for the submittal of a building permit
application.
Should you have any questions or require any additional
information, please feel free to call.
Thank you very much for your assistance.
GIl
Since ly/S4
�
"avid Muckenhirn
DM /cda
AEN /PITKIN PLANNING OFFICE
i for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and c0AU I VJ IVW CiaJtI llehl POre
(hereinafter APPLICANT) AGREE AS FOLLOWS: $NC.
1. APPLICANT has submitted to CITY an application for
e.-E3 r N• g p Ie i iq sr I Ars p p Co
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and /or City Council to enable the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
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5. Therefore, APPLICANT agrees that in consideration of the CTTY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $ /020
which is for 4 hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
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Diane Moore Mailing Address:
City Planning Director
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01/05/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737- 073 -10 -002 A1-95
STAFF MEMBER: KJ
PROJECT NAME: AM /PM Stream Margin Exemption
Project Address: 285 N. Spring St.
Legal Address:
APPLICANT: AM /PM, Inc. 615 - 329 -9902
Applicant Address: 1700 Haves St #304, NAshville, TN 37203
REPRESENTATIVE: Ventures West, David Muckenhirn
Representative Address /Phone: Box 8352
Aspen, CO 81612 5 -8889
FEES: PLANNING $ 224 # APPS RECEIVED 3
ENGINEER $ 100 # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $ 324
TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: _ 2 STEP:
P &Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center _ Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: 1St DATE ROUTED: aa/gc INITIAL: ai
City Atty City Engineer Zoning Env. Health
X Housing _ Open Space Other:
FILE STATUS AND LOCATION: ,\ V
MEMORANDUM
TO: Stan Clauson, City Community Development Director
FROM: Kim Johnson, Planner
RE: AM /PM, Inc. Amendment to the Emde Stream Margin Review
as an Exemption from full Stream Margin Review
DATE: February 6, 1995
SUMMARY: The applicant, AM /PM, Inc., wishes to amend the approval
of a stream margin granted in 1991 for the parcel located at 285
N. Spring Street. The revised plan for the single family residence
and attached ADU meets the criteria for exemption set forth in
Section 24 -7 -504 (B) of the land use regulations. The structure
exceeds 85% of allowable floor area and is scheduled for review
(advisory only) before the FAR Overlay Committee on February 14,
1995.
FINDINGS: The Emde Stream Margin review and conditional use for
an accessory dwelling unit (ADU) was approved by the Planning and
Zoning Commission on December 17, 1992 with 14 conditions of
approval. Refer to Exhibit "A" for P &Z Resolution #91 -32. The
applicant then proceeded to City Council for vested rights approval
which was approved by Ordinance No. 2, Series 1992. Since these
approvals, the property has been sold and the new owner is seeking
amendments by the Planning Director.
The application indicates that the changes to the structure reduce
its footprint on the site, moves the building approximately 10'
further back from the river, and reduces the building's height by
nearly 2 feet. Please refer to the attached drawings and
application letter for the applicant's response /development data.
It is staff's intention that the original 14 conditions of approval
for the site be applied as conditions for this amendment. These
conditions (as amended by this review) are listed after the
following exemption review criteria. Additionally, staff has
augmented the conditions of approval specific to the accessory
dwelling unit with standard conditions applied currently to ADUs.
Review criteria in Section 7 -504 (B) reads:
1) the development does not add more than 10% to the floor area of
the existing structure.
response: According to the application, the building is being
expanded by 27 s.f. or 1% of the FAR approved in 1991.
2) the development does not require the removal of any tree for
which a permit would be required, or the applicant receives a
6
permit by the Parks Department; and
response: George Robinson has reviewed the amendment and feels that
the original conditions are appropriate with the following changes:
Condition number 3 shall be changed to add "A heavy -duty
construction barricade fence must be erected along the
building envelope line prior to the commencement of and shall
remain in place during any construction activities (ie.
demolition, excavation, grading, material storage) to insure
that the river bank area is not disturbed."
Condition number 4 shall be changed to read: "There shall be
no removal of vegetation anywhere on the parcel without Parks
Department approval and required permits."
3) the development is located such that no portion of the
expansion, remodeling or reconstruction will be any closer to the
high water line than the existing development; and
response: The amended structure's footprint is approximately 10
feet further from the river than the original footprint. The
flagstone patio at grade shown on the updated plan is as close to
the river as the previous building. Parks and Planning have agreed
to two new conditions for the site which is intended to limit
impact on the riverbank:
To limit impacts to soil percolation and riparian vegetation,
the on -grade flagstone patio shown on the riverside of the
home can only be built by placing the flagstones on the
existing ground plane - no soil may be excavated or added
below the steps and concrete patio adjacent to the building.
Prior to the issuance of any building permits the applicant
must demonstrate that the proposed construction provides
stream margin erosion /sedimentation measures such as hay bale
barricades along the building envelope line.
4) the development does not fall outside of an approved building
envelope, if one has been established by prior review; and
response: The building envelope in the 1991 packet is basically
the allowable building area per the setbacks of the zone district.
The proposed building and patio fall within this envelope.
5) the development will cause no increase in the amount of ground
coverage of structures within the flood hazard area.
response: According to the application, the ground coverage is
decreased by approximately 780 s.f. The foundation details
approved with the 1991 structure will apply to this revised
structure. Chuck Roth requests the following new condition:
2
The building permit application shall be routed to Engineering
to check for compliance with FEMA regulations.
Staff has reviewed the revisions to the building and site and finds
that the above criteria have been satisfied as conditioned.
RECOMMENDATION: Staff recommends that the Planning Director
approve the AM /PM Stream Margin Exemption (f.k.a. Etude Stream
Margin) finding that the criteria in Section 7 -504 (B) have been
met. The following conditions apply to this approval:
1) To limit impacts to soil percolation and riparian vegetation,
the on -grade flagstone patio shown on the riverside of the home
can only be built by placing the flagstones on the existing ground
plane - no soil may be excavated or added below the steps and
concrete patio adjacent to the building.
2) The building permit application shall be routed to Engineering
to insure compliance with FEMA regulations.
3) The applicant shall file with the Pitkin County Clerk and
Recorder the approved site plan and foundation design requirements
for the subject parcel. The documents shall be in the form of
graphic representation as well as deed restriction. Prior to
filing, these documents shall be reviewed by the City Engineering
Office.
4) Prior to the issuance of any building or demolition permit,
Planning staff shall verify the staked building footprint on the
parcel.
5) Excavation for the foundation on the river side of the house
shall be done from the inside out. Excavation soil shall not be
placed on the river side of the building footprint in order to
protect existing vegetation and grade. A heavy -duty construction
barricade fence must be erected along the building envelope line
prior to commencement of and shall remain in place during any
construction activities (ie. demolition, excavation, grading,
material storage) to insure that the river bank area is not
disturbed.
6) There shall be no removal of vegetation anywhere on the parcel
without Parks Department approval and required permits.
7) The owner shall submit an appropriate deed restriction with the
Aspen /Pitkin County Housing Office for approval. The unit shall
be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Office the owner shall record
the deed restriction with the Pitkin County Clerk and Recorder.
3
8) The unit shall comply with the kitchen requirements contained
in the Housing Guidelines.
9) The ADU shall be clearly identified as a separate dwelling unit
on Building Permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
10) Precise floorplans of the accessory dwelling unit must be
approved by the Housing Office prior to the issuance of a building
permit.
11) Prior to the issuance of any building permits, a copy of the
recorded deed restriction must be forwarded to the Planning Office.
12) The development must comply with curb cut requirements as
stipulated by the City Engineer.
13) One on -site parking space shall be provided for use by the ADU
occupant.
14) A trash storage area must be indicated on the building permit
site plan.
15) Any utility pedestals required by the project must be installed
on the subject property.
16) Prior to the issuance of any building permits the applicant
must demonstrate that the proposed construction provides stream
margin erosion /sedimentation measures such as hay bale barricades
along the building envelope line.
17) The applicant shall consult the City Engineer and Parks
Department and shall obtain permits from the Streets Department for
any work or development including landscaping within the public
right -of -way.
18) Prior to the issuance of any Certificates of Occupancy, the
existing residential structure must be demolished.
19) All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
I hereby approve Stream Margin Exemption for the AM /PM
developmen located at 285 N. Spring Street as
dition above.
I
St uson, it Community Development Director
4
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Date
Application Drawings and Letter
Exhibits:
A) P &Z Resolution 91 -32
B) 1991 Site Plan
C) Referral Memo from City Engineering
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EMDE RESIDENCE
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department Cie..
Date: January 26, 1995
Re: Emde Stream Margin Exemption
I have reviewed David Muckenhim's letter of January 3, 1995, and attachments. I have
also reviewed the engineering and clerk's files.
As we discussed, one condition of approval should be that a construction fence will be
installed on the building envelope line with no disturbance to existing vegetation beyond
the fence.
I met with David on September 29, 1994, and discussed the project with him. The other
condition of approval should be that the design and construction comply with City
Ordinances No. 62 (Series of 1985) and No. 32 (Series of 1987), commonly known as the
FEMA ordinances.
cc: Cris Caruso
M95.35
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j ASPEN/PTTKIN PLANNING OFFICE
130 South Galen Street
Aspen, Colorado 81611
-. (303) 9245090
LAND USE APPLICATION FEES
CITY:
-63250 -134 GMP /Conceptual
- 63270-136 GMP /Fnal
- 63280-137 SUB/Conceptual
-63300-139 SUB/Final
-63310-140 All -2 Step Applications
-63320-141 All 1 Step Applications
-63330-150 Staff Approval 2 2
-63432 -157 Zoning Plan Check
-63432 -157 Sign Permit
-MRO11 Use Tax for Sign Permits
HISTORIC PRESERVATION:
43335 -151 Exemption
-63336 -152 Minor
-63337 -153 Major Devel.
-63338-154 Sgnif. Devel.
-r n:149.155 Demolition
COUNTY:
- 63160-126 GMP /General
-63170-127 GMP /Detailed
- 63180-128 GMP /Final
- 63190-129 SUB/General
- 63200-130 SUB/Detailed
-63210-131 SUB/Final
43220 -132 All 2 Step Applications
- 63230 -133 All 1 Step Applications
-63240 -149 Staff Approval
- 63450 -146 Board of Adjustment
-63235 -148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering - County
00115 43340 - 163 Engineering - City r o G 00123 43340 -190 Housing
00125 43340 - 205 Environmental Health
PLANNING OFFICE SALES:
- 63080-122 County Code
- 69000-145 Other (Copy Fees)
TOTAL
Name: i a/n V I Phone: 5 ��� /
Ad 6 53 .5-z Proms 2 55/v -5 S l <' f
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Date: 1 NeaCopies:
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2737 D rC° ,k;2
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DAVID MUCKENHIRN ( I V V I
IMMURES P.O. Box 8352 ✓ ,p I' k�T\ I
W EST Aspen, do 81612
3/925 -8889 1 O2 F Mop
4
January 3, 1995
Ms. Kim Johnson
Planning and Zoning Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Kim:
Please consider this letter as an application for Exemption from
Stream Margin Review for the property located at 285 North Spring
Street, Aspen, and legally described as the north 1/2 of Lot 3,
Lots 4,5,6 and the south 1/2 of Lot 7, Block 1, Oklahoma Flats
Addition to the Townsite of Aspen, CO. This application is based
on the design similarity of a modification to the Emde design for
which a Stream Margin Review has been approved (P &Z resolution 91-
32, attached as Exhibit 1). The applicant is AM /PM, Inc., a
Tennessee Corporation, located at 1700 Hayes Street #304,
Nashville, Tennessee 37203, (615) 329 -9902. Representing the
applicant is Ventures West, P.O. Box 8352, Aspen, CO 81611, (303)
925 -8889. Authorization for Ventures West to represent the
applicant is attached as Exhibit 2. Disclosure of ownership is
attached as Exhibit 3.
The modified design is very similar in mass and layout to the
approved (Emde) design. Please refer to Exhibit 4, a recent survey
with the new plan sited on it, and to Exhibit 5, a set of floor
plans and elevations of the modified design. The footprint of the
modified design is significantly smaller than, lies predominantly
within and is sited further from the river than the approved
design. The height of the modified design is 18" to 24" lower.
The FAR is approximately the same (4,850 square feet vs. 4,823
square feet). The number of bedrooms is increased from 2 to 3.
The net liveable area of the ADU is increased 54 square feet to 444
square feet.
The modified design complies with all five of the Review Standards
for Exemption from Stream Margin Review as listed below:
1. The new development does not add more than 10% to the
FAR. (It adds less than 1 %.)
2. The new development does not require the removal of any
additional trees for which a permit would be required.
4
Page 2
Ms. Kim Johnson
December 3, 1995
3. No portion of the new development is closer to the high
water line.
4. The new development does not fall outside the approved
building envelope.
5. The new development will cause no increase in the amount
of ground coverage of structures within the Special Flood
Hazard Area. (It is decreased by approximately 780
square feet.)
Should you have any questions or require additional information,
please do not hesitate to call.
Thank you very much for your assistance.
Sincerely,
------*(
Davi Muckenhir
DM /cda
Enclosures: 1. P &Z Resolution 91 -32 (Exhibit 1)
2. Authorization to Represent (Exhibit 2)
3. Disclosure of Ownership (Exhibit 3)
4. Survey and Site Plan (Exhibit 4)
5. Floor Plans and Elevations (Exhibit 5)
6,_,Signerl-F-es-Agreentent
7. Vicinity Map
8. $311.00 Check
c: \david \etrmargn. rev
A-
4
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL FOR THE EMDE STREAM MARGIN REVIEW AND CONDITIONAL USE
REVIEW FOR AN ATTACHED ACCESSORY DWELLING UNIT
Resolution No. 91 -32
WHEREAS, the Planning Office received an application for
Stream Margin Review and Conditional Use for a single family
residence with attached accessory dwelling unit at 285 N. Spring
Street (Lots 4,5,6 and half of Lots 3 and 7, Oklahoma Flats
Addition) from William and Sally Emde, represented by Sunny Vann;
and
WHEREAS, the 384 net livable square foot above -grade
accessory dwelling unit is being provided in accordance with the
housing mitigation requirements set forth in Ordinance 1, Series
1990; and
WHEREAS, the Planning Office, Parks Department and the
Engineering Department reviewed the proposal and recommended
approval of the Emde Stream Margin Review and Conditional Use with
conditions; and
WHEREAS, at a regular meeting on December 17, 1992 the
Planning and Zoning Commission approved by a 7 -0 vote the Stream
Margin Review and Conditional Use for an attached accessory
dwelling unit, amending the conditions recommended by the Planning
Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Emde Stream Margin review and Conditional Use for an
attached accessory dwelling unit is approved with the following
conditions:
1. The applicant shall file with the Pitkin County Clerk the
approved site plan and foundation design requirements for the
subject parcel. The documents shall be in the form of graphic
representation as well as deed restriction. Prior to filing, these
documents shall be reviewed by the City Engineering Office.
2. Prior to issuance of any building permit, staff shall verify on-
site the building envelope location.
3. Excavation for the foundation on the river side of the house
shall be done from the inside out. Excavated soil shall not be
placed on the river side of the building footprint in order to
protect existing vegetation and grade.
4. There shall be no removal of vegetation outside of the building
envelope without Parks Department approval and required permits.
5. The owner shall submit an appropriate deed restriction with the
Aspen /Pitkin County Housing Authority for approval. The unit shall
4
be deed restricted to resident occupancy with minimum 6 month
leases. Upon approval by the Housing Authority the Owner shall
record the deed restriction with the Pitkin County Clerk and
Recorder's Office.
6. Prior to issuance of any building permits for the accessory
dwelling unit, a copy of the recorded deed restriction must be
forwarded to the Planning Office.
7. The development must comply with curb cut requirements as
stipulated by the City Engineer.
8. One parking space shall be provided on -site for use by the
A.D.U. occupant.
9. A trash storage area must be indicated on the site plan in the
building permit plans.
10. Any utility pedestals required by the project must be
installed on the subject property.
11. Prior to issuance of a building permit, the applicant must
demonstrate that the proposed construction complies with stream
pollution criteria within the stream margin review.
12. Permits are required from the City Streets Department for any
work within the public rights of way.
13. Prior to issuance of any Certificates of Occupancy, the
existing residential structure must be demolished.
14. 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 December 17,
1991.
Attest: Planning and Zoning C ission:
r � J
Jan Ca ey, Deputy C Clerk Jasmine Tygre, Chai'Y
January 3, 1995
To Whom It May Concern:
AM/PM, Inc., a Tennessee Corporation and owner of the property
locaLed at 285 North Spring Street, Aspen, CU and legally described
as the north 1/2 of lot 3, lots 4,5,6 and the south 1/2 of lot 7,
Block 1, Oklahoma Flats Addition to the townsite of Aspen, CO,
hereby authorizes David Muckenhirn of Ventures West as its
representative in all matters regarding:
1. kxemption from Stream Margin Review.
2. Special Review for the Overlay Zone District.
3. Tree Removal Permit.
4. Building Permit Application.
5. Any other approval processes necessary for obtaining a
building permit for its above- mentioned property.
Fra M. Bumstead
Secretary, AM /PM, Inc.
a : \dsvid \blmstaad.a
S C H E D U L E A •
ORDER NO.: 00021318 POLICY NO.: 0- 9993 - 305886
DATE OF POLICY: November 01, 1994 at 03:46 P.M.
AMOUNT OF INSURANCE: $ 985,000.00
1. NAME OF INSURED:
AM /PM, INC., A TENNESSEE CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY
IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: .
AM /PM, INC., A TENNESSEE CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO,
COUNTY OF PITKIN, AND IS DESCRIBED AS FOLLOWS:
A tract of land being the Northerly 1/2 of Lot 3 and all of Lots
4, 5 and 6 and the Southerly 1/2 of Lot 7 of Block 1, OKLAHOMA
FLATS ADDITION to the City of Aspen, Colorado. Said tract is more
fully described as follows:
Beginning at a point on the East line of said Lot 3 whence the
Northeast corner of Lot 3 bears N. 15 degrees 30 minutes E. 17.50
feet and corner 27 of Tract 40 of East Aspen Addition bears S. 66
degrees 15 minutes E. 285.46 feet thence N. 74 degrees 30 minutes
W. 150.00 feet, thence N. 15 degrees 30 minutes E. 140.00 feet,
thence S. 74 degrees 30 minutes E. 150.00 feet, thence S. 15
degrees 30 minutes W. 140.00 feet to the Point of Beginning.
Stewart Title of Aspen, Inc.
620 E. Hopkins
Aspen, CO 81611
303 - 925 -3577
Ado- 41i Ate
AUTHORIZED' —
SIGNATURE
S C H E D U L E S
POLICY NO.: 0 -9993- 305886
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
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, AND ANY FACTS WHICH A CORRECT SURVEY
AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE
NOT SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW
AND NOT SHOWN BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO
WATER.
6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED
TAX SALES.
7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET
IMPROVEMENT AREA.
8. Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent and any vein or lode of quartz or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper, or other
valuable deposits, which were claimed or known to exist on
November 23, 1891, all as reserved in United States Patent
recorded December 14, 1900 in Book 39 at Page 136 as Reception No.
65277.
9. Encroachment of the house appurtenant to the subject property
outside of building envelope and onto the South one -half of Lot 3,
Oklahoma Flats Addition and encroachment of storage building
entirely outside of building envelope, as evidenced by Aspen
Survey Engineers Survey, Job No. 15116, Easement Agreement
recorded April 4, 1988 in Book 560 at Page 405 as Reception No.
298849 and limitations upon the use(s) of said easement as set
forth therein.
Continued on next page
a 1
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9993- 305886
CONTINUATION OF SCHEDULE B
10. This policy does not insure title to land comprising the shores or
bottoms of rivers and is subject to any build up or loss of
property along Roaring Fork River, caused by the processes of
accretion and reliction, or caused by man made changes in the flow
of water or in the course of the river bank or river channel;
also subject to the free and unobstructed flow of the water of
said river.
11. Right of way for existing overhead powerline along the easterly
boundaryline, and encroachment of storage building outside of
building envelope, as shown on survey by Aspen Survey Engineers
dated September 28, 1994 as Job No. 15116 and recorded in Plat
Book 5002 at Page 48 and also shown on Site Development
Plat /Stream Margin Review recorded in Plat Book 28 at Page 54.
12. Loss or damage due to the fact that the subject property is
located within the 100 year flood boundary, as disclosed on survey
by Aspen Survey Engineers dated September 28, 1994 as Job No.
15116, and recorded in Plat Book 5002 at Page 48 and also shown on
Site Development Plat /Stream Margin Review recorded in Plat Book
28 at Page 54.
13. Terms, conditions, obligations, including owners obligation to
remove the encroaching structure and provisions of Settlement
Agreement by and between Charla Brown and Denice C. Reich and
Richard W. Volk as set forth in instruments recorded May 13, 1991
in Book 646 at Pages 100, 103 and 106 as Reception Nos. 332585,
332586 and 332587.
14. Terms, conditions, obligations and provisions of Occupancy Deed
Restriction and Agreement Accessory Dwelling Unit as set forth in
instrument recorded February 10, 1992 in Book 669 at Page 44 as
Reception No. 341486.
15. Terms, conditions, obligations and provisions of Deed Restriction
and Agreement as set forth in instrument recorded February 10,
1992 in Book 669 at Page 47 as Reception No. 341487.
16. Terms, conditions, obligations and provisions of Ordinance No. 2
(Series of 1992) as set forth in instrument recorded March 5, 1992
in Book 671 at Page 40 as Reception No. 342276.
17. Any lien which may be created for costs associated with demolition
of house pursuant to Paragraph 5 of Settlement Agreement by and
between Charla Brown, Denice Reich and Richard W. Volk recorded
May 13, 1991 in Book 646 at Pages 100, 103 and 106, as Reception
Nos. 332585, 322586 and 322587.
Continued on next page
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0 -9993- 305886
•
•
CONTINUATION OF SCHEDULE B
18. A Deed of Trust dated October 29, 1994, executed by AM /PM, Inc.,
a Tennessee Corporation, to the Public Trustee of Pitkin
County, to secure an indebtedness of $1,000,000.00, in favor of
NationsBank of Tennessee, N.A., recorded November 1, 1994 in
Book 766 at Page 250 as Reception No. 376056.