HomeMy WebLinkAboutcoa.lu.sm.Goodman 1433 Crystal Lake Rd.31A-87 . ;.,,,
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{ CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9V- PARCEL ID AND CASE NO.
DATE COMPLETE: a7.37-47- 3 87
STAFF MEMBER: S
PROJECT NAME: (ST- el O4/)7 6 r f O. vr■ Inar• in X9Pi/(Pkl
Project Address: / � / 3 0 - g 7 0
APPLICANT: /7ar /PS 7 • 6700,1 Mar)
Applicant Address:
s /J
REPRESENTATIVE: Ara r p b474 k.r /C7n OC
Representative Address /Phone: :1 . e- ss i2■ S- 07S;
TYPE OF APPLICATION: CS7/- PGt_fin II/. GYM / Pli / P, i✓
PAID: ES NO AMOUNT: 4=- (To
1 STEP APPLICATION:
(P &Z) MEETING DATE: Oc 4 L ' PUBLIC HEARING: YES NO
�1
DATE REFERRED: 4 �5��� INITIALS: �'(1
2 STEP APPLICATION:
CC MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief Bldg:Zon /Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: // - 87 INITIAE4LC...
/� City Atty ✓ City Engineer - Bldg. Dept.
( Other:
FILE STATUS AND LOCATION: % Y e-`r
CASE DISPOSITION
GOODMAN STREAM MARGIN REVIEW AND PUD AMENDMENT
LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake
Road, Callahan Subdivision /PUD.
PLANNING AND ZONING COMMISSION VOTE: On October 20, 1987 the
Planning and Zoning Commission approved Stream Margin Review
recommended to Council to approve the requested PUD amendment
subject to the three conditions below.
1. Excavation and construction techniques shall be specified in
the Building Permit application to ensure to the satisfaction of
the Building Department that no excavation material will be
deposited in the River and no unnecessary disturbance of the
hillside or nearby vegetation will be caused by the project.
2. An amended PUD plat shall be submitted prior to issuance of a
Building Permit according to the standards of Section 20 -15 of
the Municipal Code, following the comments of the Engineering
Department, and containing a note regarding the existing grove of
aspens stating "Existing trees to be protected and saved."
3. Future expansions of the Aspen Club Condominiums shall to be
limited to a total of 10% above the original floor area (esti-
mated to be 43,560 square feet). A note shall be placed on the
amended plat stating this limitation.
CITY COUNCIL ACTION: On November 9, 1987 Council approved the
Goodman PUD plat amendment and condominium plat amendment subject
to the following conditions:
1. Excavation and construction techniques shall be specified in
the Building Permit application to ensure to the satisfaction of
the Building Department that no excavation material will be
deposited in the River and no unnecessary disturbance of the
hillside or nearby vegetation will be caused by the project.
2. An amended PUD plat shall be submitted prior to issuance of a
Building Permit according to the standards of Section 20 -15 of
the Municipal Code, following the comments of the Engineering
Department, and containing a note regarding the existing grove of
aspens stating "Existing trees to be protected and saved."
3. Ftrtare- expansrena- of -eke Prepen- el- ab- eendemin tans- skal-- arrlp -be
&hewed- through- 4 amendine It_- apprevai- of- tirritpp3#ce1iorr -by - the
Homeowners--' = R iatiom-- eneetnpe-se4 - t- re- -'ent- tee-- eiass - -ef- -the
ehange- ttTetigt- - the-- pro-j -e< - -Pr- mete- -sAraiAr- be- p-leeed - - the
p }at- stating - this- previsien
3. The Homeowners Association shall discuss at their annual
meeting in December, 1987 the concept of making comprehensive
Plat amendments for future changes to the project, and shall
report back to the Planning Office regarding this approach.
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Steve Burstein, Planning Office s
RE: Goodman PUD Amendment
DATE: October 20, 1987
SUMMARY: The Planning Office and Planning and Zoning Commission
recommend approval of the requested PUD amendment and condomium-
ization plat amendment. Conditions of approval are presented in
the recommended motion below.
LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake
Road, Callahan Subdivision /PUD.
ZONING: R- 15(PUD)
APPLICANT'S REQUEST: Charles Goodman, owner of the subject
condominium unit, requests stream margin review and PUD amendment
in order to enclose an area of approximately 150 square feet
below an existing deck.
PROBLEM DISCUSSION:
A. Referral Comments: Engineering Department: Jim Gibbard
requested in a memorandum dated October 8, 1987 that the appli-
cant (1) show the existing trees and shrubs on the site plan, (2)
describe the construction procedure, and (3) prepare an amended
plat showing proposed changes to the Third Amended Plat and
Development Plan of Callahan Subdivision.
B. Planning Office Comments: The plat amendment is subject to
the Planned Unit Development amendment procedures in Section 24-
8.26((b) of the Municipal Code. The review criteria are listed
below and used to evaluate the application.
Criteria: Changes to PUD plats shall be made only if they are
shown to be required by changes in conditions that have occurred
since the final plan was approved or by changes in community
policy. Any changes approved in the final plan shall be recorded
as amendments to the final plan in accordance with the proce-
dures established for the filing of the initial approved plan
documents.
Response: This review has been requested by the applicant in
order to create a minor increase in square footage for his unit.
There appears to be no negative effect on the PUD plan as long as
nearby vegetation is not disturbed. Staff finds that the effect
of this addition on the townhouses' massing and site coverage is
minimal, as it is a small area under an existing overhang. The
plat should be amended according to the standards of Section 20-
15 of the Municipal Code and following the comments of the
Engineering Department.
The Planning and Zoning Commission expressed concern that
incremental changes to the Callahan (Aspen Club) Subdivision /PUD
could gradually destroy the amenities of the development. P &Z
recommends that future expansions of the Aspen Club Condominiums
be limited to a total of 10% above the original floor area
approved. The Callahan Subdivision /PUD Development Agreement,
signed on May 13, 1976, established the approximate square feet
of buildings at 43,560 square feet and ground coverage of the
townhouses at 28,040 square feet.
Bruce Sutherland calculated the existing gross floor area of the
townhouses at 48,552 square feet and ground coverage (excluding
decks and terraces) at 28,980 square feet. The 10% limitation
would already be exceeded because of incremental development
since 1976. If P &Z's condition is accepted, the Goodman expansion
cannot be approved. Since we are already in excess of the limit
P &Z felt was reasonable and since incrementally we have already
exceeded all applicable limits of the Code, staff recommends that
future amendments be processed in a more comprehensive manner.
Time, money and hassle for the applicant could be saved in this
approach. It would also be easier for staff, P &Z and Council to
deal with a single application. As we have done for other PUD's
in the community, the homeowners association should be the
applicant for an amendment that encompasses the entire class of
the change through out the project. For example, enclosure of
decks or adding second floor bedrooms have been handled through a
single application as it would apply to all of the units that
could accomodate them. Staff recommends that condition #3 below
be replaced by the following condition:
"3. Future expansions of the Aspen Club Condominiums shall
only be allowed through PUD amendment approval of an
application by the Homeowners Association encompassing the
entire class of the change through out the project. A note
shall be placed on the plat stating this provision."
ADVISORY COMMISSION VOTE: On October 20, 1987 the Planning and
Zoning Commission recommended to Council to approve the requested
PUD amendment subject to the three conditions below.
1. Excavation and construction techniques shall be specified in
the Building Permit application to ensure to the satisfaction of
the Building Department that no excavation material will be
deposited in the River and no unnecessary disturbance of the
2
hillside or nearby vegetation will be caused by the project.
2. An amended PUD plat shall be submitted prior to issuance of a
Building Permit according to the standards of Section 20 -15 of
the Municipal Code, following the comments of the Engineering
Department, and containing a note regarding the existing grove of
aspens stating "Existing trees to be protected and saved."
3. Future expansions of the Aspen Club Condominiums shall to be
limited to a total of 10% above the original floor area (esti-
mated to be 43,560 square feet). A note shall be placed on the
amended plat stating this limitation.
RECOMMENDED MOTION: "Move to approve the Goodman PUD plat
amendment and condominium plat amendment subject to the following
conditions:
1. Excavation and construction techniques shall be specified in
the Building Permit application to ensure to the satisfaction of
the Building Department that no excavation material will be
deposited in the River and no unnecessary disturbance of the
hillside or nearby vegetation will be caused by the project.
2. An amended PUD plat shall be submitted prior to issuance of a
Building Permit according to the standards of Section 20 -15 of
the Municipal Code, following the comments of the Engineering
Department, and containing a note regarding the existing grove of
aspens stating "Existing trees to be protected and saved."
3. Future expansions of the Aspen Club Condominiums shall only be
allowed through PUD amendment approval of an application by the
Homeowners Association encompassing the entire class of the
change through out the project. A note shall be placed on the
plat stating this provision."
CITY MANAGER' S COMMENT : C � /�wc ` 7 4
/ 7 L9----
sb.goodman
3
architecture suthr land, fallin, inc.
& planning
SEi
ui
September 3, 1987
1280 ute avenue
aspen 81611 Mr. Glen Horn
Colorado Aspen Planning and Zoning Department
303/925 -4252 130 S. Galena
Aspen, Colorado
RE: Goodman Bedroom Expansion
Aspen Club Condominiums
1433 Crystal Lake Road
• Dear Glen:
We are requesting a Stream Margin Review for the above unit located
in the Aspen Club. The proposed expansion is below an existing
deck, therefore, its effects will be minimal.
The floor level of the expansion is not in the flood plain and it is
15.44 feet above the 100 year flood plain high water line. As shown
on the site plan, the expansion is 65' horizontally from the flood
plain. The lower floor elevation is 7996.69 and the 100 year high
water line is elevation 7981.25 at a right angle from the river to
the expansion.
Recently the Farver deck expansion at 1425 Crystal Lake Road was
approved. This project i.5 similar and meets the review criteria as
stated for that project.
Also enclosed is a check for $270.00 which is the review fee Steve
Burstein suggested for this submission.
Sincerely,
g- ISO
Bruce R. Sutherland, AIA
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MEMORANDUM
TO: Aspen Planning and zoning Commission
FROM: Steve Burstein, Planning Office
RE: Goodman Stream Margin Review /PUD Amendment
DATE: October 20, 1987
LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake
Road, Callahan Subdivision /PUD.
ZONING: R- 15(PUD)
APPLICANT'S REQUEST: Charles Goodman, owner of the subject
condominium unit, requests stream margin review and subdivision
exception for a plat amendment in order to enclose an area of
approximately 150 square feet below an existing deck.
PROBLEM DISCUSSION:
A. Referral Comments: Engineering Department: Jim Gibbard
requested in a memorandum dated October 8, 1987 that the appli-
cant (1) show the existing trees and shrubs on the site plan, (2)
describe the construction procedure, and (3) prepare an amended
plat showing proposed changes to the Third Amended Plat and
Development Plan of Callahan Subdivision.
B. Planning Office Comments: Section 24- 6.3(e) of the Municipal
Code establishes review criteria for stream margin review. The
plat amendment is subject to the Planned Unit Development
amendment procedures in Section 24 -8.26 of the Municipal Code.
Each review criteria is listed below and used to evaluate the
application.
1. Criteria: No development shall occur within a special flood
hazard area unless it can be demonstrated that there will be no
increase in base flood elevation as a result of the development,
as shown by an elevation certificate prepared by a professional
engineer registered to practice in the State of Colorado."
Response: The proposed expansion does not occur within the
special flood hazard area, as shown on the site plan and con-
firmed by the Engineering Department.
2. Criteria: In the event there is a trail designated by an
approved trail plan within the development site, such trail shall
be dedicated for public use.
Response: An existing bicycle trail is 10 feet away from the
expansion. The development will not interfere with this trail.
3. Criteria: All attempts should be made to implement the
recommendations of the Roaring Fork Greenway Plan prepared by the
Roaring Fork Greenway Committee.
Response: The concerns and recommendations of the Roaring Fork
Greenway Plan to protect the natural environment of flood plains
and adjacent areas should not be affected by the proposed
expansion. No trees are located within the building footprints,
and none should need to be removed in order to construct the
addition. We recommend that on the amended plat the young grove
of aspens south of Building D be shown and a note be placed
stating "existing trees to be protected and saved." This
vegetation is also shown on the approved PUD Plan.
4. Criteria: Vegetation shall not be removed nor any slope grad
changes made that may produce erosion of the stream bank.
Response: No vegetation along the stream bank will be removed as
part of this project.
5. Criteria: All efforts shall be made to reduce pollution and
interference with the natural changes of the river, stream or
other water course, and to enhance the value thereof as an
important natural feature.
Response: No interference with the course of the river will
result from this project.
6. Criteria: Written notice shall be given to the Colorado Water
Conservation Board prior to any alteration or relocation of the a
water course, and a copy of said notice shall be submitted to the
Federal Emergency Management Agency."
Response: The water course is unaffected by the proposed develop-
ment.
7. Criteria: In the event a water course shall be altered or
relocated, the applicant and applicant's heirs, successors and
assigns shall provide maintenance to assure that the flood
carrying capacity is not diminished.
Response: This criteria does not apply.
8. Criteria: Copies shall be submitted of all necessary federal
and state permits relating to work within the one hundred year
floodplain.
Response: No work is within the one hundred year floodplain;
2
therefore, this criteria does not apply.
9. Criteria: Changes to PUD plats shall be made only if they are
shown to be required by changes in conditions that have occurred
since the final plan was approved or by changes in community
policy. Any changes approved in the final plan shall be recorded
as amendments to the final plan in accordance with the proce-
dures established for the filing of the initial approved plan
documents.
Response: This review has been requested by the applicant in
order to create a minor increase in square footage for his unit.
There appears to be no negative effect on the PUD plan as long as
nearby vegetation is not disturbed. The amended plat should be
amended according to the standards of Section 20 -15 of the
Municipal Code and following the comments of the Engineering
Department. Additionally, the applicant is encouraged to amend
the condominium plat reflecting changes through this stream
margin review and the Fervor Stream Margin Review recently
approved. If the applicant wishes to amend the condominium plat,
he should request this at your meeting.
PLANNING OFFICE RECOMMENDATION: The Planning Office recommends
approval of the Goodman Stream Margin Review and recommends that
the Planning and Zoning Commission recommend to City Council
approval of the subdivision exception request for a PUD plat
amendment (and condominium plat amendment) subject to the
following conditions:
1. Excavation and construction techniques shall be specified in
the Building Permit application to ensure to the satisfaction of
the Building Department that no excavation material will be
deposited in the River and no unnecessary disturbance of the
hillside or nearby vegetation will be caused by the project.
2. An amended PUD plat shall be submitted prior to issuance of a
Building Permit according to the standards of Section 20 -15 of
the Municipal Code, following the comments of the Engineering
Department, and containing a note regarding the existing grove of
aspens stating "Existing trees to be protected and saved."
sb.goodman
3
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alan Richman, Planning and Development Director
RE: Revisions to Residential Zone District Requirements
DATE: October 14, 1987
INTRODUCTION: On October 6, you held a public hearing to review
a series of staff recommendations for amendments to our resid-
ential zone district requirements. These amendments were based
on the direction given to staff by the Aspen City Council, and
reflected significant research by staff into the type of develop-
ment we are experiencing in our neighborhoods this year.
There was a mixed reaction at the hearing to the staff recommend-
ation. At the conclusion of the meeting, you gave staff direction
to make a number of revisions to our approach, and to return at a
continued public hearing on October 20.
FORMAT: The current staff recommendation is contained as Exhibit
1 to this memo. You will recognize that the exhibit is in the
form of a resolution, but it does not contain either the whereas
clauses or signature blocks of a resolution. The reasons for
placing the recommendation in this form are as follows:
1. At the last meeting, there was confusion about the
specifics of our recommendation because some of our ideas were
not in the form of code language (for example, the confusion
about setbacks
such s principal
onfus i
hope t o confusion by providing you specific language
hope
for each recommendation in the attached exhibit.
it
2 . By placing our recommendation in distinct sections, hat
will be easy for you to tell us exactly what you support,
you want deleted and what you want revised.
3 . On October 12 , the Council imposed an administrative
delay on building permit activity in the R-6 zone, effective
through 12/31/87 , subject to formal adoption of an Ordinance to
this effect after public hearing on October 26. For us to
complete our work by the end of 1987, you must adopt a resolution
on October 27 , so that we can have first reading of an Ordinance
on November 9. Putting the recommendation in this form will help
us to move along toward our deadline.
You will recognize that we have not yet addressed all of the
issues raised by P&Z at the last meeting. Specifically, we have
not yet developed a recommendation for volume control. Since our
r
last meeting we have made contact with several architects, but
due to conflicting schedules, have yet to set a meeting time. We
have also contacted the Planning Advisory Service, which is a
research arm of our national planning organization, and await
information from other communities which have adopted volume
controls. We will continue to work on the volume approach and
will report to you as we make progress on it, but expect it will
be several weeks before we have anything definite in this regard.
Because we are still uncertain about the feasibility of adopting
a volume approach and because of the urgency placed on this
matter by Council, we are recommending adoption of interim
changes to the FAR provisions, along with increasing setbacks and
adoption of site coverage requirements. Obviously,
approach proves feasible, we will return at a later t ate volume with
proposals to supercede the FAR approach. However, because volume
is a new technique which may prove to be cumbersome or unwork-
able, we believe it is imperative to move forward with Council 's
direction to address FAR provisions.
RECOMMENDED APPROACH: In most respects, our recommendation
follows precisely the direction given to us by P&Z. Some of the
most important changes we have made are as follows:
1. There are no FAR reductions proposed for single family
lots of less than 6, 000 sq. ft. The recommended FAR reductions
are only for single family lots in excess of 6, 000 sq. ft. , and
for duplex lots. Exhibits 3A and 3B (attached) demonstrate that
the proposed curves are generally consistent with the 1981/82
Planning Office recommendation. The new FAR provisions are only
recommended to affect the R-6 and RMF zones, and leave the
current FAR for the R-15, R-15A, R-15B and R-30 zones intact.
2. In the R-6 zone only, we are recommending variable front
yard/rear yard setbacks and variable side yard .
Variable setbacks mean that we set a total size for the setbacks front plus the rear yard setback (30 feet) and a minimum size for each
of the front and rear yards (10 feet) .
size for both side yard setbacks (25 feet Similarly,
for ya 6, 000 ss total
lot) and a minimum size for each side (5 feet for a 6, 000 sq. ft.
lot) . This approach will give greater flexibility for house
placement, creating usable yards and also incorporates the
concept of the sliding scale for setbacks, as requested.
3 . The size of the setbacks is recommended to be increased
from current code provisions, but to a slightly lesser degree
than we previously recommended. In the R-15, R-15A and R-30
zones, the only recommended setback change is to increase the
side yard from 5 to 15 feet, while in the RMF zone the only
recommended setback change is to increase the side yard from 5 to
10 feet, with no provision for variable setbacks.
4 . The site coverage recommendation has been liberalized,
to allow the maximum FAR to be built within two stories. Site
coverage is only recommended to apply in the R-6 zone.
5. Exhibits 2A through 2D depict how the proposed setbacks
and site coverage requirements could be complied with on lots of
3 , 000, 6, 000, 9, 000 and 12 , 000 sq. ft. Because of the variable
nature of the proposed limitations, these should be viewed as
illustrative, and not actual design constraints.
6 . The FAR calculation methodology has been revised to
allow overhangs of 3 feet, not 18" to be eligible for exclusion,
and to the
allow provided that t all such un nclo ed areas do not exceed their
exceed15%
cover,, prove
of the maximum FAR allowed on the site.
7 . The volume approach to FAR calculation which we proposed
at the last meeting has been drafted, but is written as a
continuous scale, where for each foot over 10 feet in height of
an interior space, the degree to which it counts increases by
0. 05 sq. ft. , to a maximum of 2.0: 1 for a 30 foot high interior
space.
8 . We have revised the provision in the damage/destruction
section of the proposed nonconformities regulation to differ-
entiate between "willful destruction" versus "acts of God or
nonwillful destruction" . I spoke to our Code consultant, a loan
officer at the bank and a real estate appraiser and all agreed
that with such a provision in effect, properties would definitely
continue to be loanable.
PLANNING OFFICE RECOMMENDATION: The Planning Office recommends
that you review our proposal, make any additions, deletions or
changes you feel are appropriate, and direct us to return on
October 27 with a resolution for your action on this matter.
farrec
EXHIBIT 1
Section 1
That in the R-6 zone district, the minimum front yard, side yard
and rear yard setbacks, as established in Section 24-3 . 4 of the
Municipal Code, be repealed and be re-enacted to read as follows:
4 . Minimum front and rear yard: For principal buildings,
the front and rear yard shall total no less than thirty
(30) feet, and the front yard and rear yard shall each
be a minimum of ten (10) feet. For accessory build-
ings, the front yard shall be a minimum of fifteen (15)
feet, and the rear yard shall be a minimum of five (5)
feet.
5. Minimum side yard:
Minimum Size for Total of both
Lot Size each side yard side ards
(s.f. ) (ft. ) Y
(ft. )
0-3000 5
3001-4500 10
5 20
4501-6000 5
6001-9000 25
10 35
9001+ 15
45
6. Maximum site coverage:
Lot Size (s.f. ) Site Coverage (%)
0-3000 40%
3001-4500 35%
4501-6000 30%
6001-9000 22 . 5%
9001+ 20%
Section 2
That in the R-6 zone district, the external floor area ratio, as
established in Section 24-3 . 4 of the Municipal Code, be repealed
and re-enacted to read as follows:
Lot Size
Single-family Allowable
Dwellings (Sq.Ft.) Sq Ft
0- 3,000 80 sq.ft. of floor area for each 100
sq.ft. in lot area, up to a maximum of
2,400 sq.ft. of floor area.
3,001- 6,000 2,400 sq.ft. of floor
area, plus 28
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 3,240 sq.ft. of floor area.
6,001- 9,000 3,240 sq. ft. of floor area, plus 14 sq.
ft. of floor area for each additional
100 sq. ft. in lot area, up to a maximum
of 3,660 sq. ft. of floor area.
9,001-15,000 3,660 sq.ft. of floor area, plus 6
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 4,020 sq. ft. of floor area.
15,001-50,000 4,020 sq.ft. of floor area, plus 5
sq.ft. of floor area for each additional
100 sq.ft in lot area, up to a maximum
of 5,770 sq.ft. of floor area.
50,000+ 5,770 sq.ft. of floor area, plus 2
sq.ft. of floor area for each additional
100 sq.ft. in lot area.
Lot Size Allowable
Duplex (Sq.Ft.) SG.Ft.
0- 3,000 90 sq.ft. of floor area for each 1 0 0
sq.ft. in lot area, up to a maximum of
2,700 sq.ft. of floor area.
3,001- 6,000 2,700 sq.ft. of floor area, plus 30
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 3,600 sq.ft. of floor area.
6,001- 9,000 3,600 sq. ft. of floor area, plus 16 sq.
ft. of floor area for each additional
100 sq. ft. in lot area, up to a maximum
of 4,080 sq. ft. of floor area.
9,001-15,000 4,080 sq.ft. of floor area, plus 6
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 4,440 sq.ft. of floor area.
15,001-50,000 4,440 sq.ft. of floor area, plus 5
sq.ft. of floor area for each additional
100 sq.ft in lot area, up to a maximum
of 6,190 sq.ft. of floor area.
50,000+ 6,190 sq.ft. of floor area, plus 3
sq.ft. of floor area for each additional
100 sq.ft. in lot area.
2
Section 3
That in the R-15, R-15A and R-30 zone districts, the minimum side
yard setback, as established in Section 24-3 . 4 of the Municipal
Code, be repealed and re-enacted to read as follows:
Minimum side yard (ft. ) : 15
Section 4
That in the R-15, R-15A, R-30 and R-40 zone districts, the
external floor area ratio, as established in Section 24-3 . 4 of
the Municipal Code, be repealed and re-enacted to read as
follows:
rot Size
Detached Residential Allowable
Dwellings (Sq.Ft.) Sq.Ft.
0- 3,000 80 sq.ft. of floor area for each 100
sq.ft. in lot area, up to a maximum of
2,400 sq.ft. of floor area.
3,001- 9,000 2,400 sq.ft. of floor area, plus 28
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 4,080 sq.ft. of floor area.
9,001-15,000 4,080 sq.ft. of floor area plus 7 sq.ft.
of floor area for each additional 100
sq.ft. in lot area, up to a maximum of
4,500 sq. ft. of floor area.
15,001-50,000 4,500, sq.ft. of floor area, plus 6
sq.ft. of floor area for each additional
100 sq.ft in lot area, up to a maximum
of 6,600 sq.ft. of floor area.
50,000+ 6,600 sq.ft. of floor area, plus 2
sq.ft. of floor area for each additional
100 sq.ft. in lot area.
Tot Size Allowable
Duplex (Sq.Ft.) Sq.Ft.
0- 3,000 90 sq.ft. of floor area for each 100
sq.ft. in lot area, up to a maximum of
2,700 sq.ft. of floor area.
3,001- 9,000 2,700 sq.ft. of floor area, plus 30
sq.ft. of floor area for each additional
3
100 sq.ft. in lot area, up to a maximum
of 4,500 sq.ft. of floor area.
9,001-15,000 4,500 sq.ft. of floor area, plus 7
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 4,920 sq.ft. of floor area.
15,001-50,000 4,920 sq.ft. of floor area, plus 6
sq.ft. of floor area for each additional
100 sq.ft in lot area, up to a maximum
of 7,020 sq.ft. of floor area.
50,000+ 7,020 sq.ft. of floor area, plus 3
sq.ft. of floor area for each additional
100 sq.ft. in lot area.
Section 5
That in the RMF zone district, the minimum side yard setback, as
established in Section 24-3 . 4 of the Municipal Code, be repealed
and re-enacted to read as follows:
Minimum side yard (ft. ) : 10
Section 6
That in the RMF zone district, the external floor area ratio, as
established in Section 24-3 . 4 of the Municipal code, be repealed
and re-enacted to read as follows:
Lot Size
Single-family Allowable
Dwellings (Sq.Ft.) Sq.Ft.
0- 3,000 80 sq.ft. of floor area for each 100
sq.ft. in lot area, up to a maximum of
2,400 sq.ft. of floor area.
3,001- 6,000 2,400 sq.ft. of floor area, plus 28
sq.ft. of floor area for each additional
100 sq.ft. in lot area, up to a maximum
of 3,240 sq.ft. of floor area.
6,001- 9,000 3,240 sq. ft. of floor area, plus 14 sq.
ft. of floor area for each additional
100 sq. ft. in lot area, up to a maximum
of 3,660 sq. ft. of floor area.
9,001-15,000 3,660 sq.ft. of floor area plus 6 sq.ft.
4
of floor area for each additional 100
sq.ft. in lot Asa, up to a maximum of
4,020 sq. ft. of floor area.
15,001-50,000 4,020 sq.ft. of floor area, plus 5
sq.ft. of floc: area for each additional
100 sq.ft in _o area, up to a maximum
of 5,770 sq.ft. of floor area.
50,000+ 5,770 sq.ft. of floor area, plus 2
sq.ft. of °lacr area for each additional
100 sq.ft. in to area.
lot Size Allcwahle
Duplex (SgL.Ft•) �-I•"-'-
0- 3,000 90 sq.ft. cf floor area for each 1 0 0
sq.ft. in lot area, up to a maximum of
2,700 sq.ft. of floor area.
3,001- 6,000 2,700 sq.ft. of floor area, plus 30
sq.ft. of floor area for each additional
100 sq.ft. in r area, up to a maximum
of 3,600 sq.ft. of floor area.
6,001- 9,000 3,600 sq. ft. cf floor area, plus 16 sq.
ft. of floor area for each additional
100 sq. ft. in ___ area, up to a maximum
of 4,080 sq. ft. of floor area.
9,001-15,000 4,080 sq.ft. of floor area, plus 6
sq.ft. of flccr area for each additional
100 sq.ft. in lot area, up to a maximum
of 4,440 sq.ft. of floor area.
15,001-50,000 4,440 sq.ft. of floor area, plus 5
sq.ft. of flccr area for each additional
100 sq.ft in lot area, up to a maximum
of 6,190 sq.ft. of floor area.
50,000+ 6,190 sq.ft. of floor area, plus 3
sq.ft. of flccr area for each additional
100 sq.ft. in lot area.
Multi-Family: 1: 1
Section 7
That Section 24-3 . 7 (e) of the Municipal Code be repealed and re-
enacted to read as follows:
FLOOR AREA means the sum of the gross horizontal areas of each
story of the building measured from the exterior walls, or from
the center line of the party walls, including the floor area of
accessory uses and of accessory buildings and structures.
In measuring floor areas for floor area ratio and allowable
floor area, the following applies:
(1) General. In measuring floor area for the purposes of
calculating floor area ratio and allowable floor area,
there shall be included that floor area within the sur-
rounding exterior walls (measured from their exterior
surface) of a building, or portion thereof.
(2) Decks, balconies and stairways. The calculation of
floor area of a building, or a portion thereof, shall
exclude above-grade decks, porches, stairways, balcon-
ies and similar features when the area of such features
is:
(a) Not surrounded by exterior walls or enclosed,
provided the area may be covered by a projection
from the building which is less than or equal to
three (3) feet, and further provided that a porch
may be covered by a roof or projection from the
building of unlimited size; and
(b) Less than or equal to fifteen percent (15%) of the
maximum allowable floor area of the building.
All area included in an above-grade deck, porch,
stairway, balcony or similar feature which does not
meet either of the above conditions shall be included
as part of the floor area calculation.
(3) Garages and carports. For the purpose of calculating
floor area ratio and allowable floor area for a
building or portion thereof whose principal use is
residential, garages and carports shall be excluded up
to a maximum area of four hundred (400) square feet per
dwelling unit; all garage or carport space in excess of
four hundred (400) square feet per dwelling unit shall
be included as part of the residential floor area
calculation. For any dwelling unit which can be
accessed from an alley or from a private road entering
at the rear of the dwelling unit, the garage shall only
be excluded from floor area calculations if it is
6
located on the alley or at the rear of the unit.
(4) Subgrade areas. The area of any story which is one
hundred (100%) percent subgrade, as measured from
natural grade, shall be excluded from floor area
calculations. For any story which is partly above and
partly below natural grade, a calculation of the total
volume of the story which is above and which is below
grade shall be made, for the purposes of establishing
the percentage of the area of the story which shall be
included in floor area calculations. This calculation
shall be made by determining the total percentage of
the wall area of the story which is above natural grade
which shall be multiplied by the total floor area of
the subject story, and the resulting total shall be
that area which is included in the floor area calcula-
tion.
(5) Volume. For the purpose of calculating floor area ratio
and allowable floor area for a building or portion
thereof whose principal use is residential, a determin-
ation shall be made as to those areas within the
building which are less than ten (10) feet in height
and those which exceed ten (10) feet in height, as
measured from floor to ceiling. Those areas which are
ten (10) feet or less from floor to ceiling shall count
toward allowable floor area at the ratio of one (1)
square foot for each one (1) square foot of floor area.
For those areas which exceed ten (10) feet from floor
to ceiling, the ratio at which they shall count shall
increase by five one-hundredths (0. 05) of a square foot
for each one (1) foot increase in height, to a maximum
ratio of two (2) square feet for each one (1) square
foot of floor area.
(6) Planned Unit Development. For residential Planned Unit
Development applications, the allowable floor area
shall be calculated by determining the square footage
of the entire land ownership, reduced according to the
provisions of Section 7-903 (B) (2) (b) . The reduced
square footage or land shall then be divided by the
total number of dwelling units existing and proposed
for development to determine the land area for each lot
in the Planned Unit Development (PUD) , which shall be
the area used to determine the amount of floor area
attributable to each lot in the Planned Unit Develop-
ment (PUD) . The total floor area allowed for the
Planned Unit Development (PUD) shall be the cumulative
total of the floor areas for each of the lots in the
Planned Unit Development (PUD) .
7
Section 8
That Article XIII of Chapter 24 of the Municipal code be repealed
and re-enacted to read as follows:
ARTICLE XIII - NON-CONFORMITIES
Sec. 24-13.1. Purpose.
Within the Zone Districts established by this chapter, there
exist uses of land, buildings and structures that were lawfully
established before this chapter was adopted or amended which
would be in violation of the terms and requirements of this
chapter. The purpose of this article is to regulate and limit
the continued existence of these uses, buildings, and structures
that do not conform to the provisions of this chapter or any
amendments thereto.
It is the intent of this article to permit these nonconfor-
mities to continue, but not to encourage their survival. It is
further the intent of this article that nonconformities should
not be enlarged or expanded. The provisions of this article are
designed to curtail substantial investment in nonconformities and
to bring about their eventual elimination in order to preserve
the integrity of the Zone Districts and the other provisions of
this chapter.
Sec. 24-13.2. Nonconforming uses.
A. Authority to continue. Nonconforming uses of land or
structures may continue in accordance with the provi-
sions of this article and this section.
B. Normal repair and maintenance. Normal maintenance and
repair to permit continuation of nonconforming uses may
be performed in any period of twelve (12) consecu-
tive months, to an extent not exceeding ten (10%)
percent of the current replacement cost of the struc-
ture.
C. Extensions. Nonconforming uses shall not be extended.
This prohibition shall be construed so as to prevent:
1. Enlargement of nonconforming uses by additions to
the area of the structure in which such noncon-
forming uses are located; or
2 . Occupancy of additional lands.
D. Relocation. A structure housing a nonconforming use
may not be moved either to another location on or off
8
the parcel of land on which it is located, unless the
use thereafter shall conform to the limitations of the
Zone District into which it is moved.
E. Change in use. A nonconforming use shall not be
changed to any other use unless the new use conforms to
the provisions of the Zone District in which it is
located.
F. Termination.
1. Abandonment or discontinuance. The intent of the
owner notwithstanding, where a nonconforming use
of land or structure is discontinued or abandoned
for twelve (12) consecutive months, then such use
may not be re-established or resumed, and any
subsequent use must conform to the provisions of
this chapter.
2. Damage or destruction. Any structure housing a
nonconforming use which is damaged or destroyed to
the extent of less than fifty (50%) percent of the
fair market value of said structure or which is
damaged or destroyed to any extent by an act of
God or through any manner not willfully accomp-
lished by the owner may be restored as of right if
a building permit for reconstruction shall be
issued within twelve (12) months of the date of
damage. Any structure housing a non-conforming
use which is willfully damaged or destroyed to the
extent of more than fifty (50%) percent of the
fair market value of said structure shall only be
restored in conformance with the provisions of
this chapter.
Sec. 24-13.3. Nonconforming structures.
A. Authority to continue. A nonconforming structure
devoted to a use permitted in the Zone District in
which it is located may be continued in accordance with
the provisions of this article.
B. Normal repair and maintenance. Normal maintenance and
repair of nonconforming structures may be performed in
any period of twelve (12) consecutive months without
limit on the cost of the maintenance and repair.
C. Extensions.
1. General. A nonconforming structure shall not be
extended by an enlargement or expansion that
increases the nonconformity. A nonconforming
structure may be extended or altered in a manner
that does not change or that decreases the
nonconformity.
9
2. Historic Landmark. The only exception to this
requirement shall be for a structure designated as
an Historic Landmark pursuant to Art. 7, Div. 7
which is nonconforming as to allowable floor area
and is used as a detached residential or duplex
dwelling unit. Such structures may be extended as
long as the enlargement does not increase the
floor area of the existing structure by more than
five hundred (500 ' ) square feet, and the enlarge-
ment complies with all other requirements of this
chapter.
D. Relocation. A nonconforming structure shall not be
moved unless it thereafter conforms to the standards
and requirements of the Zone District in which it is
located.
E. Termination.
1. Abandonment. Where a nonconforming structure is
abandoned for twelve (12) consecutive months, then
such structure shall be removed or converted to a
conforming structure.
2. Damage or destruction.
a. General. Any part of a nonconforming
structure which is damaged or destroyed to
the extent of less than fifty (50%) percent
of the fair market value of said structure or
which is damaged or destroyed to any extent
by an act of God or through any manner not
willfully accomplished by the owner may be
restored as of right if a building permit for
reconstruction shall be issued within twelve
(12) months of the date of the damage. Any
part of a non-conforming structure which is
willfully damaged or destroyed to the extent
of more than fifty (50%) percent of the fair
market value of said structure shall only be
restored in conformance with the provisions
of this chapter.
b. Structure in stream margin. Any part of a
nonconforming structure which is in the
stream margin as established pursuant to Sec.
7-504, which is damaged or destroyed to the
extent of less than fifty (50%) percent of
the fair market value of the structure, may
be restored as of right if the structure can
be rebuilt in the original footprint,
consistent with the provisions of Art. 7,
Div. 5.
10
J
c. Unsafe structure. Any portion of a noncon-
forming structure which becomes physically
unsafe or unlawful due to lack of repairs and
maintenance, and which is declared unsafe or
unlawful by a duly authorized City official,
shall only be restored, repaired or rebuilt
in conformity with the provisions of this
chapter.
Sec. 24-13.4. Nonconforming accessory uses and accessory
structures.
No nonconforming accessory use or accessory structure shall
continue after the principal structure or use shall have ter-
minated unless such structure or use thereafter shall conform to
the provisions of the Zone District in which it is located.
Sec. 24-13.5. Lodge and hotel preservation.
All lodge and hotel uses and structures that are lawfully
established at the time of adoption of this chapter or an
amendment which would be considered to make the lodge or hotel a
nonconforming use or structure under this chapter are hereby
declared to be conforming and not subject to the provisions of
this article as long as the following standards and requirements
are met.
A. Reconstruction or renovation. All reconstruction of a
structure shall meet the dimensional requirements of
the underlying Zone District. Renovation shall not
increase the nonconformity of the structure. Renova-
tion is the investment of up to fifty (50%) percent of
the appraised value of the structure, net of land
value. Reconstruction is the investment of fifty (50%)
percent or more of the value of the structure, net of
land.
B. Increase in units or size. There shall be no increase
in the number of units in the lodge or hotel, or the
total square footage in the lodge or hotel, unless the
enlargement is for the purpose of constructing deed
restricted employee housing units accessory to the
principal use.
C. Construction of employee housing. The enlargement of
the lodge or hotel for the purpose of constructing
employee housing shall be reviewed and considered as a
Development Application for a conditional use pursuant
to Art. 7, Div. 3 . In determining whether to approve,
approve with conditions, or disapprove the application,
11
the Commission shall ensure the following standards and
requirements are met.
1. There is no increase in lodge or hotel units;
2 . The proposed employee housing units are in
compliance with the adopted housing plan, and
specifically the need for seasonal employee rooms;
3 . There is a maximization of construction quality
and unit size in the proposed employee housing
units;
4 . There are adequate public facilities to serve the
proposed development, and off-street parking is
provided pursuant to Art. 5, Div. 3 .
5. The proposed employee housing is compatible with
surrounding land uses and the dimensional require-
ments of the underlying Zone District.
6. The proposed employee housing is deed restricted
to the employee rental guidelines, and against
commercial rental or sale. In the event the lodge
is condominiumized, the deed restricted units must
be retained as a portion of the common elements of
the lodge or hotel.
7. The proposed employee housing receives health,
safety and fire inspection and commitments are
made to comply with the results of said inspec-
tion.
8 . The deed restricted employee housing units are
limited in their rental solely to employees of the
lodge or hotel, and shall not be rented to other
employees of the City nor rented on the open
market.
9. The expansion may be in rental rooms, provided an
equal amount of existing square footage of space
is converted from rental rooms to deed restricted
employee housing units.
D. Abandonment. The intent of the owner notwithstanding,
when a lodge or hotel subject to this section is
discontinued or abandoned for twelve (12) consecutive
months, then the use may not be re-established or the
structure occupied, without conforming to the standards
and requirements of the underlying Zone District.
12
E. Damage or destruction. If a lodge or hotel subject to
this section is damaged or destroyed by any means and
is not repaired or replaced within two (2) years from
the date of damage or destruction, it shall be recon-
structed pursuant to the standards and requirements of
this chapter.
Sec. 24-13.6. Nonconforming lots of record.
A. General. A detached single family dwelling and
customary accessory buildings may be developed on a lot
of record if:
1. The lot of record is in separate ownership and not
contiguous to lots in the same ownership; and
2 . The proposed single family dwelling can be located
on the lot so that the yard, height, open space
and floor area dimensional requirements of the
Zone District can be met, or a variance is
obtained to vary from said dimensional require-
ments pursuant to Article 10.
B. Undivided lot. If two (2) or more lots or combinations
of lots with continuous frontage in single ownership
(including husband and wife as in all cases a single
owner) are of record at the effective date of the
adoption or amendment of this chapter, regardless of
time of acquisition, and if all or parts of the lots do
not meet the requirements established for lot width and
area, the lots shall be considered an undivided parcel,
and no portion shall be used or occupied which does
meet the width and area requirements of this chapter.
Sec. 24-13 .7. Lot reduction.
A. No lot or interest therein shall be transferred,
conveyed, sold or subdivided so as to create a new
nonconforming lot, to avoid, circumvent or subvert any
provision of this chapter, or to leave remaining any
lot in violation of the dimensional requirements of
this chapter.
B. No lot or portion of a lot required as a building site
under this chapter shall be used as a portion of a lot
required as a site for another structure.
C. No building permit shall be issued for any lot or
parcel of land which has been conveyed, sold, or
subdivided in violation of this section. Any trans-
feree who acquires a lot in violation of this paragraph
without knowledge of such violation, and any subsequent
13
r
transferee, shall have the right to rescind and/or
receive damages from any transferer who violates the
provisions of this paragraph.
Section 9
That the following definitions be added to Section 24-3 . 1 of the
Municipal Code:
NONCONFORMING STRUCTURE means any structure which was estab-
lished pursuant to the zoning and building laws in effect at the
time of its development, but which no longer conforms to the
dimensional requirements imposed by this Code for the Zone
District in which it is located.
NONCONFORMING USE means any use of land, building or structure,
which was established pursuant to the zoning and building laws in
effect at the time of its development, but which use is no longer
a permitted or conditional use under the regulations imposed by
this Code for the Zone District in which it is located.
NORMAL MAINTENANCE AND REPAIR OF A NON-CONFORMITY means any work
done in a period of twelve (12) consecutive months on ordinary
repairs, or on repair or replacement of non-bearing walls,
fixtures, wiring or plumbing.
SITE COVERAGE means the percentage of a site covered by build-
ings, excluding roof or balcony overhangs, measured at the
exterior walls or supporting members of a building at ground
level.
14
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MEMORANDUM
TO: Steve Burstein, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: October 8, 1987
RE: Goodman Stream Margin Review /PUD Amendment
Having reviewed the above application and having made a
site inspection, the Engineering Department has the following
comments:
1. The submitted site plan should include existing trees and
shrubs.
2. The submitted application should include construction pro-
cedure to be used.
3. This development is not within the boundaries of the 100 year
flood plain and therefore review criteria which pertains specifi-
cally to development within the special flood hazard area does
not apply.
4. The applicant should submit to the Engineering Department an
amended plat and development plan which shows any proposed
changes to the Third Amended Plat and Development Plan of
Callahan Subdivision.
jg /gdmnstmr
cc: Jay Hammond
Chuck Roth
F
I : , PE o
CITY 1‘.� � ,
,� bi I987
130 .' - •• reet
' 611 !
asp' : � . ,
MEMORANDUM
DATE: September 30, 1987
TO: Steve Burstein, Planning Office
FROM: City Attorney
RE: Goodman Stream Margin Review /PUD Amendment
We have no comments at this time, except that this application
should be reviewed in light of applicable stream margin review
standards as recently amended by Ordinance No. 7 (Series of
1987).
PJT /mc
I .
I ORDINANCE NO. '7 /
(Series of 1987)
AN ORDINANCE AMENDING SECTION 7- 141(c) OF THE MUNICIPAL CODE OF
THE CITY OF ASPEN, COLORADO, TO SET FORTH REQUIREMENTS FOR
APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS FOR THE
PURPOSE OF MEETING THE MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD
INSURANCE PROGRAM
•
WHEREAS., the Federal Emergency Management Agency has
recommended the enactment of regulations restricting development
in flood hazard areas as required for participation in the
National Flood Insurance Program; and
WHEREAS, the City deems it to be in the best interest of the
City, its inhabitants and visitors to amend Section 7- 141(c) as
■ hereinbelow provided in order to minimize public and private
losses due to flood conditions in specific areas, and also for
the purpose of complying with the minimum requirements estab-
lished by the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council of the City of Aspen hereby finds that:
1. The flood hazard areas of the City of Aspen are subject
to periodic inundation which results in loss of life and pro-
perty, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general
welfare.
2. Flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase
flood heights and velocities and when inadequately flood - proofed,
elevated or otherwise protected from flood damage also contribute .
to the flood loss.
Section 2
That subsection (c) of Section 7 -141 of the Municipal Code
of the City of Aspen, Colorado, pertaining to amendments or
additions to Section 302(a) of the Uniform:Building Code (1979
Edition) shall be amended, so as to revise the requirements
pertaining to applications for construction in special flood
hazard areas, to read as follows:
"9. In addition to the requirements for permit
applications set forth in Section 302(a),
when construction or development is proposed
in a special flood hazard area as identified
by the Flood Insurance Study for the City of
Aspen dated December 4, 1985, a certification
from a registered professional engineer or
architect shall be submitted for public
recordation, verifying full and accurate
compliance with the following additional
requirements:
(a) Accurate elevations (in relation to
mean sea level) of the lowest floor
(including basement) of all new or
substantially improved structures
located in the special flood hazard
area. For floodplain management
purposes only, "lowest floor" means
the lowest floor of the lowest
2
and discharge from the systems into
flood waters.
(h) On -site waste disposal systems
shall be located to avoid impair-
ment to them or contamination from
them during flooding.
(i) Electrical, heating, ventilation,
plumbing and air - conditioning
equipment and other service
facilities shall be designed and /or
located so as to prevent water from
entering or accumulating within the
components during conditions,of
flooding.
(j) There shall be no manufactured
homes permitted within the 100 -year
floodplain.
•
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reasqn held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
4
Section 5
A public hearing on the ordinance shall be held on the
day of 7,A4A 6._A„ , 1987, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the „4:3 day of
Ci Gut,a.4 , 1987.
le :;. 5 :4.17 --- 2 -7A:111111 .TA■
William L. Stirling, Mayor
ATTEST:
Kathryn $: Koch, City Clerk (2517(_,
F INALLY adopted, passed and approved / day of
/ / (a c , 1987.
William L. Stirling, Mayor
ATTEST:
Kathryn S/1 Koch, City Clerk
5
•
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Steve Burstein, Planning Office
RE: Goodman Stream Margin Review /PUD Amendment
DATE: September 24, 1987
Attached for your review and comments is an application submitted
by Bruce Sutherland on behalf of his client Charles Goodman
requesting Stream Margin Review and PUD Amendment for an expan-
sion located at 1433 Crystal Lake Road, (Aspen Club Condomin-
iums).
Please review this material and send in your comments no later
than October 6, 1987 in order for this office to have adequate
time to prepare for its presentation before P &Z.
Thank you.
architecture sutherlar - fallin, inc.
& planning
�
I A li t SEP 3I:J
September 3, 1987
1280 ute avenue
aspen 81611 Mr. Glen Horn
colorado Aspen Planning and Zoning Department
303/925 - 4252 130 S. Galena
Aspen, Colorado
RE: Goodman Bedroom Expansion
Aspen Club Condominiums
1433 Crystal Lake Road
• Dear Glen:
We are requesting a Stream Margin Review for the above unit located
in the Aspen Club. The proposed expansion is below an existing
deck, therefore, its effects will be minimal.
The floor level of the expansion is not in the flood plain and it is
15.44 feet above the 100 year flood plain high water line. As shown
on the site plan, the expansion is 65' horizontally from the flood
plain. The lower floor elevation is 7996.69 and the 100 year high
water line is elevation 7981.25 at a right angle from the river to
the expansion.
Recently the Farver deck expansion at 1425 Crystal Lake Road was
approved. This project is similar and meets the review criteria as
stated for that project.
Also enclosed is a check for $270.00 which is the review fee Steve
Burstein suggested for this submission.
Sincerely,
43.w.u. 4.
Bruce R. Sutherland, AIA
enc
BRS:Ib
CHARLES H. GOODMAN
300 WEST WASHINGTON STREET • CHICAGO, ILLINOIS 60606
September 16, 1987
Mr. Bruce Sutherland
SUTHERLAND, FALLIN, INC.
1280 Ute Avenue
Aspen, CO 81611
Dear Mr. Sutherland:
Thank you for your call of yesterday. Pursuant to your
request, this letter will confirm your authorization to
proceed with application on our behalf for the proposed
construction of our condominium unit at the Aspen Club.
Enclosed please find our check in the amount of $80, reimbursing
you for the necessary application fee.
Also enclosed please find evidence of ownership of the said
condominium, as follows:
1. One copy of the original deed dated December 21,
1977.
2. One copy of the Stewart Title Guaranty Company policy
of title insurance dated February 28, 1978.
Please advise if you require any additional information.
Very truly i �urs / , ie
7 x
Charles H. Goodman
CHG:ek
Enclosures
SUTHERLAND, FALUN, INI 11,U7'17.11 DIY U'FfIA MSG`��UM,L.
1280 Ute Avenue
ASPEN, COLORADO 81611
DATE JOB NO
(303) 925-4252 9/17/87 87 -01S
ATTENTION
TO City of Aspen - Planning Department RE Coodma�ee�
Aspen, Colorado Aspen „Trwnmuses
SW 1 71987
s=
-
WE ARE SENDING YOU X Attached ❑ Under separate cover via hand deliver the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
L Copy of letter ❑ Change order ❑.
COPIES DATE NO. DESCRIPTION
2 ea 9/16/87 Letter of authorization
2 ea Letter of ownership
2 ea 1 -3 Copies of original submission
THESE ARE TRANSMITTED as checked below:
❑ -Few—apparwea4_ ❑ ❑ Resubmit copies for approval
❑ For your use ❑wed— ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
CHARLES H. GOODMAN
300 WEST WASHINGTON STREET • CHICAGO, ILLINOIS 60606
September 16, 1987
Mr. Bruce Sutherland
SUTHERLAND, FALLIN, INC.
1280 Ute Avenue
Aspen, CO 81611
Dear Mr. Sutherland:
Thank you for your call of yesterday. Pursuant to your
request, this letter will confirm your authorization to
proceed with application on our behalf for the proposed
construction of our condominium unit at the Aspen Club.
Enclosed please find our check in the amount of $80, reimbursing
you for the necessary application fee.
Also enclosed please find evidence of ownership of the said
condominium, as follows:
1. One copy of the original deed dated December 21,
1977.
2. One copy of the Stewart Title Guaranty Company policy
of title insurance dated February 28, 1978.
Please advise if you require any additional information.
Very truly yours,
41
k
Charles H. Goodman
CHG:ek
Enclosures
ALTA Owner's Policy —Form 8— Amended 10.73
1 I ,
W`
e ;. erdt. o- ae.. es. e:: o.. o.. e. ?e.. o-. a;: o-• o-. o.' o.. o-. o:a.
POLICY OF TITLE INSURANCE ISSUED BY
' t
, -
l • t�C
41 ¢ STEW TITLE :
$ ''� GUARANTY COMPANY
1
1 1i•N"
$, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND 4 % '
d" THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY `
' , ll : COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in g '
:d i Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys L.
, ¢ M ` fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by ,, .
1;,: reason of: t.
ei ;‘,.::1' ' 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; � ' ,
7 $, 2. Any defect in or lien or encumbrance on such title; or 'I�`
7 • ° �, � ' 3. Lack of a right of access to and from the land. li�
" 4. Unmarketability of such title �$"
" , IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its , �¢ ' ;
I ' ^A duly authorized officers as of Date of Policy shown in Schedule A. + '�'
ry ; � p
2aiQ 'r
sy :4 STEWART TITLE Y,
m
. * i � ia`E v GUARANTY COMPANY �Y
� .I)) Countersigned: � . 1.e a
: G� Qe 0 00.Pegf I>,8 / ,
• 3*. .
+ F r • a J.
� = i•. ••• :i $`� Chairman . �.
; ; ' Q/ a-ebr) a-c"--4-4-`-e--‘ If/// er efra . 1< rrj i ft
W.�w�% Aut rized Countersignature President ro,\
W j n dd
ill 3 ..10
:1 SCHEDULE OF EXCLUSIONS FROM COVERAGE I '
. di
4 ly The following matters are expressly excluded from the coverage of this policy: �1)'
.`" )) , 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or ' 1)
yy '� , r' prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or Ye .
F'< 3 hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect A o� •
k.�ot1 of any violation of any such law, ordinance or governmental regulation. . .
• ;0° ■ 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public 41
C J L 3 records of Date of Policy. „1�
c ( t o 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; lb) not i � B > -
Px known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date ,
0:1 such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company ! o a,a
I prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) .11
-
} attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured x _3
Or 6f
' claimant had paid value for the estate or interest insured by this policy. ¢M
4
Si ,,,,, ..C •CD 40. ss. 0 e." 0. Page 1 of 0 2 3 3 917 0_.0. 0. 0 0 0 . 0 C -
Nil-4 '•ir P olrcy S No.
ALTA OWNER'S POLICY — Amended 10/1' 1
•
SCHEDULE A
Order No.: 7414 -C2 Policy No.: 0 233917
Date of Policy: February 28, 1978 at 8:00 A.M. Amount of Insurance: $ 327,800.00
1. Name of Insured:
CHARLES H. GOODMAN
2. The estate or interest in the land described herein and which is covered by this policy is:
in fee simple.
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES H. GOODMAN
4. The land referred to in this policy is described as follows:
Condominium Unit D -4, Building D, The Aspen Club Condominiums, according to
the Condominium Map thereof recorded in Plat Book 6 at page 20 and according
to the Condominium Declaration thereof recorded April 29, 1977 in Book 328
at page 80 and Amendment thereto recorded August 17, 1977 in Book 333 at page
722.
County of Pitkin, State of Colorado.
SUBJECT to the terms, provisions and obligations of said Condominium Declaration
and amendment thereto.
Page STEWART TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY— Modified 10/73
•
• • SCHEDULE B
Policy No.: 0 233917
This policy does not insure against loss or damage by reason of the following:
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,Any and all unpaid taxes and assessments and any and all tax sales which have
not been properly redeemed or cancelled.
1 /6,Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,
lead, tin, copper or other valuable deposits claimed or known to exist March
23, 1885 and the right of the proprietor of a vein or lode of quartz or other
rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable
deposits for the purpose of extracting and removing the ore from such vein or
lode should the same be found to penetrate or intersect the premises, all as
reserved in Patent recorded June 17, 1949 in Book 175 at page 246. (Affects
Riverside Placer)
7.Right of way for the Riverside Ditch.
ei S.Terms, conditions and obligations for an easement for a recreational trail as
set forth in Agreement for Easement between Frederic A. Benedict, Fabienne Benedict
and Benedict Land and Cattle Company and The Board of County Commissioners of
Pitkin County recorded September 25, 1975 in Book 303 at page 452 and Supplementary
Agreement recorded July 29, 1977 in Book 332 at page 540.
9,Terms, conditions, obligations and restrictions as set forth in Subdivision
and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at
page 110.
10.Conditions as set forth in Easement Agreement recorded May 19, 1976 in Book
312 at page 158 and Mutual Indemnity Agreement recorded May 19, 1976 in Book
312 at page 165.
•'11.A transferable easement for the placement of utilities and any equipment supporting
such utilities over, under, across and upon the subject property, as reserved
by Andrew V. Hecht, Trustee, in deed recorded May 19, 1976 in Book 312 at page
186 and described in deed to Robert S. Goldsamt recorded May 19, 1976 in Book
312 at page 188 and subsequent conveyance thereof to Aspen Club International,
Inc. recorded August 17, 1977 in Book 333 at page 730.
(continued on page 3 -A)
STEWART TITLE
Page3 GUARANTY COMPANY
1613
Attached to made a part of Stewart Title Guaranty Company Policy No. 0 233917
Continuation of Schedule B
" 12. Easements as set forth in Reciprocal Easement Grant recorded May 19, 1976
in Book 312 at page 196
13. Easements and covenants as set forth on the recorded Plat of Callahan Subdivision
and the amended Plat thereof.
14. Terms, conditions and obligations as contained in the Condominium Declaration
for Aspen Club Condominiums recorded April 29, 1977, in Book 328 at page 80
and Amendment thereto recorded August 17, 1977 in Book 333 at page 722.
15. Easements as shown on the map for Aspen Club Condominiums in Book 6 at page
20.
16. Any tax, assessment, fees or charges by reason of the inclusion of subject
property in Aspen Fire Protection District, Aspen Metropolitan Sanitation
District, Basalt and Rural Fire Protection District, Aspen Valley Hospital
District and The City of Aspen.
r' 17. Deed of Trust from Charles H. Goodman to the Public Trustee of Pitkin County
for the use of The First National Bank of Chicago to secure $150,000.00 dated
November 25, 1977, recorded December 21, 1977 in Book 340 at page 801.
Page 3 —A
STEWART TITLE
1514 GUARANTY COMPANY
Ceili DITIONS AND STIPULATIONS
1. DEFINITION OF TERMS which might cause loss or damage for which the Company
The following terms when used in this policy mean: may be liable by virtue of this policy. If such prompt notice
shall not be given to the Company, then as to such insured
(a) "insured ": the insured named in Schedule A, and, all liability of the Company shall cease and terminate in
subject to any rights of defenses the Company rnay have regard to the matter or matters for which such prompt
had against the named insured, those who succeed to the notice is required; provided, however, that failure to notify
interest of such insured by operation of law as distinguished shall in no case prejudice the rights of any such insured
from purchase including, but not limited to, heirs, dis- under this policy unless the Company shall be prejudiced
tributees, devisees, survivors, personal representatives, next by such failure and then only to the extent of such
of kin, or corporate or fiduciary successors. prejudice.
(b) "insured claimant ": an insured claiming loss or (c) The Company shall have the right at its own cost to
damage hereunder. institute and without undue delay prosecute any action or
(c) "knowledge ": actual knowledge, not constructive proceeding or do any other act which in its opinion may be
knowledge or notice which may be imputed to an insured necessary or desirable to establish the title to the estate or
by reason of any public records. interest as insured, and the Company may take any
(d) "land ": the land described, specifically or by appropriate action under the terms of this policy, whether
reference in Schedule A, and improvements affixed thereto or not it shall be liable thereunder, and shall not thereby
which by law constitute real property; provided, however, concede liability or waive any provision of this policy.
the term "land" does not include any property beyond the (d) Whenever the Company shall have brought any
lines of the area specifically described or referred to in action or interposed a defense as required or permitted by
Schedule A, nor any right, title, interest, estate or easement the provisions of this policy, the Company may pursue any
in abutting streets, roads, avenues, alleys, lanes, ways or such litigation to final determination by a court of
waterways, but nothing herein shall modify or limit the competent jurisdiction and expressly reserves the right, in
extent to which a right of access to and from the land is its sole discretion, to appeal from any adverse judgment or
insured by this policy. order.
(e) "mortgage ": inortgage, deed of trust, trust deed, or (e) In all cases where this policy permits or requires
other security instrument. the Company to prosecute or provide for the defense of
(f) "public records ": those records which by law any action or proceeding, the insured hereunder shall secure
impart constructive notice of matters relating to said land. to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
2. CONTINUATION OF INSURANCE AFTER CON therein, and permit the Company to use, at its option, the
VEYANCE OF TITLE name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
The coverage of this policy shall continue in force as of reasonable aid in any such action or proceeding, in effecting
Date of Policy in favor of an insured so long as such insured settlement, securing evidence, obtaining witnesses, or pros -
retains an estate or interest in the land, or holds an ecuting or defending such action or proceeding, and the
indebtedness secured by a purchase money mortgage given Company shall reimburse such insured for any expense so
by a purchaser from such insured, or so long as such insured incurred.
shall have liability by reason of covenants of warranty made
4. NOTICE OF LOSS — LIMITATION OF ACTION
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not In addition to the notices required under paragraph
continue in force in favor of any purchaser from such 3(b) of these Conditions and Stipulations, a statement in
insured of either said estate or interest or the indebtedness writing of any loss or damage for which it is claimed the
secured by a purchase money mortgage given to such Company is liable under this policy shall be furnished to
insured. the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
3. DEFENSE AND PROSECUTION OF ACTIONS — an insured claimant until 30 days after such statement shall
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED have been furnished. Failure to furnish such statement of
CLAIMANT loss or damage shall terminate any liability of the Company
(a) The Company, at its own cost and without undue under this policy as to such loss or damage.
delay, shall provide for the defense of an insured in all 5. OPTIONS TO PAY OR OTHERWISE SETTLE
litigation consisting of actions or proceedings commenced CLAIMS
against such insured to the extent that such litigation is The Company shall have the option to pay or otherwise
founded upon an alleged defect, lien, encumbrance, or settle for or in the name of an insured claimant any claim
other matter insured against by this policy. insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (1) in case any action or proceeding is begun as set of the amount of insurance under this policy together with
forth in (a) above, (ii) in case knowledge shall come to an any costs, attorneys' fees and expenses incurred up to the
insured hereunder of any claim of title or interest which is time of such payment or tender of payment, by the insured
adverse to the title to the estate or interest as insured, and claimant and authorized by the Company.
(continued and concluded on last page of this policy)
COI`,,TIONS AND STIPULATIONS Continued
•
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
111 the actual loss of the insured claimant; or otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE -
insured, and all costs, attorneys' fees and expenses in MENT
litigation carried on by such insured with the written Whenever the Company shall have settled a claim under
authorization of the Company. this policy, all right of subrogation shall vest in the
(c) When liability has been definitely fixed in accord- Company unaffected by any act of the insured claimant.
ance with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all
shall be payable within 30 days thereafter, rights and remedies which such insured claimant would
7. LIMITATION OF LIABILITY have had against any person or property in respect to such
No claim shall arise or be maintainable under this claim had this policy not been issued, and if requested by
policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the
an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or
hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of
lien or encumbrance or establishes the title, as insured, subrogation and shall permit the Company to use the name
within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation
the event of litigation until there has been a final involving such rights or remedies. If the payment does not
determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall
disposition of all appeals therefrom, adverse to the title, as be subrogated to such rights and remedies in the proportion
insured, as provided in paragraph 3 hereof; or (c) for which said payment bears to the amount of said loss. If loss
liability voluntarily assumed by an insured in settling any should result from any act of such insured claimant, such
claim or suit without prior written consent of the Com- act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
pany. insured against hereunder which shall exceed the amount, if
8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of
All payments under this policy, except payments made the right of subrogation.
for costs, attorneys' fees and expenses, shall reduce the 12. LIABILITY LIMITED TO THIS POLICY
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of This instrument together with all endorsements and
such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company
which case proof of such loss or destruction shall be is the entire policy and contract between the insured and
furnished to the satisfaction of the Company. the Company.
9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting
under this policy shall be reduced by any amount the such claim, shall be restricted to the provisions and
Company may pay under any policy insuring either (a) a conditions and stipulations of this policy.
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or No amendment of or endorsement to this policy can be
(b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto
charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the
to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or
payment under this policy. The Company shall have the authorized signatory of the Company.
option to apply to the payment of any such mortgages any 13. NOTICES, WHERE SENT
amount that otherwise would be payable hereunder to the All notices required to be given the Company and any
insured owner of the estate or interest covered by this statement in writing required to be furnished the Company
policy and the amount so paid shall be deemed a payment shall be addressed to it at its main office, P. 0. Box 2029,
under this policy to said insured owner. Houston, Texas 77001.
10. APPORTIONMENT 14. The premium specified in Schedule A is the entire
If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for
more parcels which are not used as a single site, and a loss is title search and examination if same is customary or
established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is
the loss shall be computed and settled on a pro rata basis as issued.
Valid Only If Schedules A and 8 are Attached. STE «A IZT TITLE
GUARANTY COMPANY
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ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925 -2020
(( Date: SYs C � \Y(51
c A nk
\ \c `��' < •N - - •
Dear +7"
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application CIS NOT) complete.
Additional items required include:
X Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List /Envelopes /Postage (one copy)
S. Additional copies of entire application
Authorization by owner for representative to submit applica
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
J Code, or other specific materials
A check in the amount of $ $ O -5'rezZ" 1 A
eaa : ee
•
A. Yodr application is complete and we have scheduled it for
review by the on We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
/ sign, which we can provide you for a $3.00 fee.
V B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call c\C.ot ��9._5c
the planner assigned to your case.
Sincerely,
ASPEN /PITRIN PLANNING OFFICE
5kAiat-v•
Sept. 9, 1987
Bruce Sutherland
Sutherland - Fallin, Inc.
1280 Ute Avenue
Aspen, Co 81611
RE: Goodman Stream Margin Review
Dear Bruce:
This letter is in reference to your application that was submit-
ted to the Planning Office. After reviewing the application, we
have found it to be incomplete. Following is a list of what this
office will need to render this application complete:
o Disclosure of Ownership (one copy only);
o 2 additional copies of entire application;
o Authorization by owner for representative to submit
application; and
o An additional check in the amount of $80.00 for
Engineering referral fee.
Upon receiving this material, we will schedule this item on the
agenda at which time you will be notified.
If you have any questions, please do not hesitate to call.
Sincerely,
Nancy Caeti
Administrative Assistant
NEC:slf
. , , e: FACE 799
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said part y of the second part, his heirs and assigns forever. And the said party of the first part,
for him sel f hisheirs, executors, and administrators, do es covenant, grant, bargain and agree to and with
the said part y of the second part, his beirs and assigns, that at the time of the ensealing and delivery of
these presents he was well seised of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha d good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind ornature soever., except as hereinbefore set forth, and except any easements,
licenses, or other restrictions or reservations of record pertaining to
any of the property lying within the boundary of the Plat and Amended Plat
to the extent they affect Lots 13 and 13A as shown therein, including but
not limited to those exceptions set forth on Exhibit A hereto,
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said part y of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part y of the first part has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and Delivered in the Presence of 4/11 l/�`,[`� _SEAL]
RT S. GOLDSAMT
[SEAL]
_SEAL]
STATE OF COLORADO,
,L 1, f1 les.
` 0 e . County of Pitkin 111111
,l∎ ,.SThe•fprig �
n htg instrument was acknowledged before me this � ^' day of December
• • ft Z 3 b % RO BERT S . GOLDSAMT
r9. „?, ,\J .
:4_ ...(■ cco liseionp free
` to l ,b "0 : f _ c / /77 ,19 . Witness my hand and official seal. t ii
/ '''P 0C. .e, Notary Public.
EXHIBIT "A" TO DEED 'COK3`tO !'(E
. OF
R.S.G. DEVELOPMENT, INC.
Set forth below are additional exceptions to the above -
referenced Deed.
1. All unpaid real estate taxes for the calendar year
1977 due in 1978.
2. Any vein or lode of quartz or other rock in place
bearing gold, silver, cinnabar,lead, tin, copper or other
valuable deposits claimed or known to exist March 23, 1885
and the right of the proprietor of a vein or lode of quartz
or other rock in place bearing gold, silver, cinnabar,lead,
tin, copper or other valuable deposits for the purpose of
extracting and removing the ore from such vein or lode should
the same be found to penetrate or intersect the premises,
all as reserved in Patent recorded June 17, 1949 in Book
175 at page 246. (Affects Riverside Placer)
3. Right of way for the Riverside Ditch.
4. Terms, conditions and obligations for an easement for
a recreational trail as set forth in Agreement for Easement
between Frederic A. Benedict, Fabienne Benedict and Benedict
Land and Cattle Company and The Board of County Commissioners
of Pitkin County recorded September 25, 1975 in Book 303 at
page. 452 and Supplementary Agreement thereto recorded July
29, 1977. in Book 332 at page 540.
5.. Terms, conditions, obligations and restrictions as
set forth in Subdivision and Planned Unit Development Agree -
_ment recorded May 19, 1976 in Book 312 at page 110.
6. Conditions as set forth in Easement Agreement recorded
May 19, 1976 in Book 312 at page 158 and Mutual Indemnity
Agreement recorded May 19, 1976 in Book 312 at page 165.
7. A transferable easement for the placement of utilities
and any equipment supporting such utilities over, under,
no rnCnrvnd by Andrew
ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303 p 925 -- 2020
Date: 9'� .2C,19/1 7
. 8s . ri ' •
I l.'I rU_, ,! p
RE: •!o /'/I, .J/ duo f _1 . Y) et/1KUJ
Dear
RE:
.' .
This i to inform you that the Planning Office has completed its
preli 'nary review of captioned application. we have determined
that your application NOT complete.
Additional items required include:
Disclosure of Ownership (one Dopy only needed)
Adjacent Property Owners List /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A. Your application is compitete and we hav sc edp ed it for
review by the 0't, on On.» yJQ6r. We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the nex available agenda.
If you have any questions, please call (5 ,
the planner assigned to your case.
Sincerely,
ASP PITRIN PLANNING OFFICE
1:15 P December 2 1977
Recorded at &cock. M., //�� (]Q
1 , Julie Jane O FACE?
Reception No kw' * >' t Re Mre Z
THIS DEED, Made this 16th day of December ,19 77,
between ROBERT S . GOLDSAMT
DEC 21 PAID % _
of the County of Pi tkin and State of Colorado, t *,..
of the first part, and CHARLES II. GOODMAN
whose legal address is 300 West Washington Street, Chicago
Illinois
of the County of Cook and State of CDttnlicliof the second part:
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION H '
to the said part Y of the first part in hand paid by the said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of Pitkin and State of Colorado, to wit: Condominium Unit DD =4
.Building D , The Aspen Club Condominiums, according to the Condominium Map
appearing in the records of the County Clerk and Recorder of Pitkin County,
Colorado, recorded on August 17, 1977 , in Book 6 , Pages 20_27, (the
"Condominium Map ") subject to the reservations, terms, provisions, rights and
obligations of the Condominium Declaration for The Aspen Club Condominiums
appearing in the records of the County Clerk and Recorder of Pitkin County,
Colorado, recorded on April 29, 1977, in Book 328, Page 80, and the Amended
Condominium Declaration for The Aspen Club Condominiums appearing in the re-
cords of the County Clerk and Recorder of Pitkin County, Colorado, recorded on
August 17 1977 in Book 333, Pages722- 723(the Condominium and the
Amended Condominium Declaration hereinafter referred to as the "Condominium
Declarat-lon"), of the Condominium Map, of the Plat of the Callahan Subdivision
.'recotd'ed an May 19, 1976 in Book 5, Pages 7 -10 in the records of the County
Cleric and Recorder of Pitkin County, Colorado (the "Plat "), and of the Amended
Plat of the Callahan Subdivision recorded on August 17, 1977 in Book 6 , Page:
16 -19, in the records of the County Clerk and Recorder of Pitkin County,
Colorado (the "Amended Plat "). TOGETHER with (1) a non - exclusive easement
for the party of the second part and persons acting with such party's consent
to use the roads, as such roads are shown on the Plat and the Amended Plat,
for travel by the most direct route over such roads by foot, bicycle, and
motor vehicle between the deeded Condominium Unit and the limited and general
common elements appertaining thereto (the "Deeded Condominium ") and Colorado
State Highway 82 in accordance with any rules and regulations adopted for the
use of such roads by the owner of the rights -of -way to such roads (provided
such rules and regulations shall not prohibit the access granted to the party
of the second part herein but there shall be no limitation as to the applic-
ation of such rules and regulations to persons whose access is based on the
consent of the party of the second part) and subject to the terms and condi-
tions of paragraph 29 of the Condominium Declaration, and (2) a non - exclusive
easement for the recreational use of Lot 13B (as defined from time to time
by the owner of the fee interest in said Lot) as shown on the Plat and
Amended Plat so long as such Lot is not hereafter authorized for improvement
or commercial use. Such non - exclusive easements shall be subject to the
obligation for costs as set forth in paragraph 21 of the Condominium Declara-
tion 'and to the other terms and conditions of such Declaration. In addition
to the limitation hereinbefore set forth, party of the second part shall have
no right to use any of the road rights -of -way as shown on the Plat and Amend-
ed Plat unless a road for such use has been constructed on such tight-of-way.
But this provision shall not limit the access between State Highway 82 and
the Deeded Condominium provided for above. Nothing in this Deed or in the
Condominium Declaration or in any other document recorded prior hereto is
intended to convey to the party of the second part any interest in Parcels
also k asn a Condominium Map.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED —For Photographic Record. —Bradford Publishing Co.. 1824 -46 Stout Street, Denver, Colorado -6-76
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■
EXHIBIT "A" TO DEED KOK = ACE EMU
OF
R.S.G. DEVELOPMENT, INC.
Set forth below are additional exceptions to the above -
referenced Deed.
1. All unpaid real estate taxes for the calendar year
1977 due in 1978.
2. Any vein or lode of quartz or other rock in place
bearing gold, silver, cinnabar,lead, tin, copper or other
valuable deposits claimed or known to exist March 23, 1885
and the right of the proprietor of a vein or lode of quartz
or other rock in place bearing gold, silver, cinnabar,lead,
tin, copper or other valuable deposits for the purpose of
extracting and removing the ore from such vein or lode should
the same be found to penetrate or intersect the premises,
all as reserved in Patent recorded June 17, 1949 in Book
175 at page 246. (Affects Riverside Placer)
3. Right of way for the Riverside Ditch.
4. Terms, conditions and obligations for an easement for
a recreational trail as set forth in Agreement for Easement
between Frederic A. Benedict, Fabienne Benedict and Benedict
Land and Cattle Company and The Board of County Commissioners
of Pitkin County recorded September 25, 1975 in Book 303 at
page.452 and Supplementary Agreement thereto recorded July
29, 1977. in Book 332 at page 540.
5.. Terms, conditions, obligations and restrictions as
set forth in Subdivision and Planned Unit Development Agree -
_mnt recorded May 19, 1976 in Book 312 at page 110.
6. Conditions as set forth in Easement Agreement recorded
May 19, 1976 in Book 312 at page 158 and Mutual Indemnity
Agreement recorded May 19, 1976 in Book 312 at page 165.
7. A transferable easement for the placement of utilities
and any equipment supporting such utilities over, under,
across and upon the subject property, as reserved by Andrew
V. Hecht, Trustee, in deed recorded May 19, 1976 in
Book 312 at page 186 and described in deed to Robert S. Goldsamt
recorded May 19, 1976 in Book 312 at page 188 and subsequent
conveyance thereof to Aspen Club International, Inc. recorded
August 17 , 1977 in Book 333 at page 730
8. Easements as set forth in Reciprocal Easement Grant
recorded May 19, 1976 in Book 312 at page 196.
9. Terms, conditions and obligations as contained in
Articles of Incorporation of the Aspen Club Condominium Associ-
ation, Inc. and the amendments thereto.
10. Any tax, assessment, fees or charges by reason of the
inclusion of subject property in Aspen Fire Protection District,
Aspen Metropolitan Sanitation District, Basalt and Rural Fire
Protection District, Aspen Valley Hospital District And The
City of Aspen.