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Home My WebLink AboutLand Use Case.1105 Ute Ave.A05898- COLEMAN -1105 UTE AVE. f h %41 :BI O G l 1 9-- . - R 1105 06 8015 PARCEL ID:|2737-182-68021 DATE RCVD: ~07/23/98 ~ # COPIES:F-~~-- CASE NO|A05898 CASE NAME:~Coleman Residence 8040 Greenline Expemption PLNR:~Chris Bendon .... PROJ ADDR:~1105 Ute Avenue CASE TYP~Greenline Expemption STEPS: OWN/APP:~Thomas R. Coleman ~ ADR|321 St. Charles Ave. C/S/Z: INew Orleans, LA 70' PHN:~(504) 586-8300 REP:~John Temple ADR<0401 Castle Creek Rd C/S/Z:~Aspen, CO 81611 PHN~(970) 544-973 FEES DUE:~450 (d) FEES RCVD<450 STAT: F REFERRALS~ REFi i BY| Du4 1 - MTG DATE REV BODY PH NOTICED , a... 1 1 , DATE OF FINAL ACTION:| 24.9& , CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED :| 61 * BY: 1O.hqÂ» DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: 7,144 MEMORANDUM APPROVED TO: Stan Clauson, Community Development Director JUL 2 41998 FROM: Christopher Bendon, Plannerl /~ A A/1 ~jJ V * j WMMUNITY DEVELOPMENT DIRECTOR CITYOFASPEN RE: Coleman Residence 8040 Greenline Exemption. 1105 Ute Avenue DATE: July 24, 1998 SUMMARY: Thomas Coleman has applied for an administrative exemption from the 8040 Greenline Review to construct a 197 square foot shed attached to the principal residence towards the rear of the property. The shed was "red-tagged" after the applicant started consruction without the proper building permit or land use approvals. The proposed structure has been described as "temporary." The improvement, however, is in compliance with the zoning and the Residential Design Standards and does not have to be conditioned for removal. This approval should also allow for the removal of the shed if the applicant intends for the improvement to be temporary. Staff recommends the Community Development Director approve this exemption with two conditions. APPLICANT: Thomas Coleman, owner. Represented by John Temple of Shaw Construction. LOCATION: Lot 4, Hoag Subdivision, Aspen. 1105 Ute Avenue, Units A & B. ZONING: R-15 PUD. BACKGROUND: The applicant obtained an exemption from the 8040 Greenline Review process in 1996 for approximately 66 square feet of additional Floor Area. The applicant requested, and was approved for an additional 91 square feet in the Spring of 1998. The presently requested 197 square feet of additional Floor Area would bring the total additional area exempted to 354 square feet, or approximately 9.1% of the total Floor Area as approved by the Planning and Zoning Commission. STAFF COMMENTS: Because development is proposed within one hundred fifty (150) feet of the 8040 Greenline, the proposal is subject to review under Section 26.68.030 of the Land Use Code. Section 26.68.030(B), Exemption, states that "the expansion, remodeling or reconstruction of an existing development shall be exempt from 8040 greenline review if the following standards are met: 1 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of square footage of areas ofthe structure which are exempt fromjloor area calculations by more than twenty-five (25) percent. Staff Finding: The existing structure has a Floor Area of 3,410 square feet. Considering a "worst case" scenario for slope reduction, the allowable Floor Area for the property is approximately 3,890 square feet. The proposed addition represents a5% increase and is within the allowable Floor Area. Considering a previous exemptions, this addition would raise the total area exempted to approximately 9.1% of the existing structure as approved by the Planning and Zoning Commission. 2. The development does not require the removal ofany treefor which apermitwould be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section. Staff Finding: No trees will be affected by this development. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Finding: The subject area of the property is within the designated building envelope with a slight encroachment into the "ski lift R.O.W." The proposed development falls within all dimensional requirements for the property and is in compliance with the City's "Residential Design Standards." The proposed addition is located on the uphill-side of the existing house and would not be affected by any geologic hazard. The proposed development is not expected to increase erosion or sedimentation. RECOMMENDATION: This application meets the review criteria for an exemption from the 8040 Greenline Review by the Director. Staff recommends the Director approve this exemption with the following two conditions: 1. The applicant shall be charged double building permit fees for this structure. 2. With this approval, the applicant may remove the structure without an additional land use review, provided the applicant gains the necessary building permits for demolition. APPROVAL: I hereby approve this 8040 Greenline Exemption for the Coleman Residence, 1105 Ute Avenue, with the two conditions listed above. Â«Lft -i----I- dateg-4 4 ke* 'f 1 q e C T-l Stan-Claud, O6mmunity Development Direcler 1 2 LAND USE APPLICATION PROJECT: - Name: --17-1 . ..1 - _ 1 \ 0. \ â€¢A A ~ Â·i . 0. I.. P:-r U Â· + 6 6 Location: / 13 E- '-1 40 1 .,r 4 e K '' - 41 -1 .O '. 10 VV. 1 V, 1 Â·J ,#.1 (Indicate street address. lot & block number. legal description where appropriate) APPLICANT: Name: -*' j n / Fy, a '. Z Address: u , 1 1 . '2.fi: ,r. 1.-,4 -73 f , 3 Phone #: ~50 43 2-2 6 - E Ion REPRESENTATIVE: Name: .- rituEEVEO , Address: O 40/ Ca 6 1 /e 0,r e e. 2 2 J , JUL 2 41998 Phone #: 5 44 - 9 7 r 1 ~- v CLOP|WENT ASPEN / PITKIN COMN'!t "."TY -wn, TYPE OF APPLICATION: (please check all that apply): Conditional Use El Conceptual PUD El Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) m Final Historic Development Design Review Appeal E Conceptual SPA U Minor Historic Devt. GMQS Allotment El Final SPA (& SPA Amendment) 2 Historic Demolition GMQS Exemption g Subdivision E Historic Designation ESA - 8040 Greenline, Stream m Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff. condominiumization) Expansion Mountain View Plane El Lot Split El Temporary Use C Other: E] Lot Line Adjustment E Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) /1 f 52. S43..3 1 9 r-) co yÂ· 1 4 . . 1 7, 4.1 L Â·; .1 b. 1' .2. 9/ 1, 1 ./7 9 , AkÂ»4 11 4 UÂ¢ 7 , r.r,! 9.1 (. r I A t., PROPOSAL: (description of proposed buildings, uses. modifications. etc.) ~9 rAVOri,0 Â· f C~ tor- r Â·v-1 e tru> 4 ~ C.p r.r. ; f a. 0 4 e A .,9 4 7 r 1 1 8; . 1.\1â€¢ A C.M A \,3 7 . 4.,p.'Ddl i. f*:+.<.0*1 *, C'.1,Â·.Â·4 ...9 '7,:,-t.r -y W Have you attached the following? FEES DUE: S Â® Pre-Application Conference Summary g Attachment #1, Signed Fee Agreement : U Response to Attachment #2, Dimensional Requirements Form Â£ Response to Attachment #3. Minimum Submission Contents U Response to Attachment #4, Specific Submission Contents El Response to Attachment #5, Review Standards for Your Application Wummum CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon. 920.5072 DATE: 7.17.98 PROJECT: Coleman 8040 Exemption #2 REPRESENTATIVE: John Temple OWNER: Coleman TYPE OF APPLICATION: 0 step DESCRIPTION: 8040 Greenline staff review Land Use Code Section(s) 26.68.030 8040 Greenline Review Review by: Staff for completeness, DRC (referral agencies) Public Hearing: No. Referral Agencies: Zoning, Building Department Planning Fees: Planning Deposit Minor ($450) Referral Agency Fees: $0 Total Deposit: $450 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments. liens. easements. contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. _2 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5: CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) GÂ¥It l/0Afb 9. A written description of the proposal and an explanation in written, graphic. or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. Copies ofprior approvals if applicable. '5144 *>przk.*Â» ~ Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ASPEN~PITKIN COMMENTTY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearty) CITY OF ASPEN ( hereinafter CITY) and -' -4 1, \ -m .0 â€ž.â€ž/, , let,"0-T-Zv"p le (hereinafter APPLICANT) AGREE AS FOLLOWS: , 1. APPLICANT has submitted to CITY an applicahon for -o Â·44 C ./, r j ir ./ -. I 0 04 c hereinafter. THE PROJECT. .APPLICANT understands and agrees thai City of .Aspen Ordinance No. 43 (Series of 1996) establishes a fee struczure for land use appiicmions and the cavmem of ail processing fees is a condition precedent zo a de:erminanon of appiication compieteness. APPLICANT and CITY agree thar because of the size. narure or scope ofthe proposed project it is nor possible orthis dme to ascertain le ilil extent ofthe costs invoived in processing the applicaIion. APPLICANT and CITY further agree thai iI is in the imerest of:he parties zo allow APPLICANT zo Inake paymem of an inicial decosir and :o thereafter permit additionai COSIS ZO be billed to APPLICANT on a monthly basis. .APPLICANT agrees he Mil be benedied by remining greamr cash liquidity and wii.1 make addirionai paymems upon notification by rhe CITY when they are necessary as cosrs are incurred- CITY gress iI 'Mil be benefired through the grearer =minzy of recovering irs fuil cosrs to process .APPLICANTS applicion. 4. CITY and APPLICANT further agre. thai k is impracticabie for CITY sm.Ifro complete processing or present sugcient informaIion zo rhe Planning Commission andior Cir/ COUnCii tO enable the Planning Commission and/or City Council ro make iegally required indings for project approvai. uniess currem biilings are pala in aul mor zo decision. D. Therefore. .APPLICANT igress :har in consideration of the CITY's waiver of irs right to collect full fees prior to a de=minadon of applicalion comple:eness. APPLICANT shall pay an initial deposit in the amount of S L 6-0 which is for hours of Planning staff time, and if actual recorded COSTS exceed the initial deposit APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the applicarion menâ‚¬oned above. including post approval review. Such periodic paymenm shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Signature: ~r-LI lu,46 24~ -Savwes Co\e.# Stan Clausor- Date: 1 7/3 I / ig Community Development Director Printed Name: , , -1* d o la 0 \ e,AAÂ·O ~42- City of Aspen IMailing Address: 33\ St QUar tiff AuL Hu-0 C),CoA,bs- LA -10\26 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: --0Â«5, ,,nr .Â· h Applicant: ._ 1.11'U....... Location: . Zone District: Lot Size: a . Lot Area: ( for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark. easements. and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: - - Proposed: Number of residential units: Existing: â€ž Proposed: fl 0 (Lk 6 M 5 -1 Number o f bedrooms: Existing: Proposed: 6/ O C. 4 . ~ 1 0 Proposed 9/6 of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 3561 Allowable: 18 9 0 Proposed: \11 \\1 Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: (QLOW A % Open Space: Existing: Required: Proposed: O Â·4 Front Setback: Existing: Required: Proposed: ~Â»Er. Vt Rear Setback: Existing: Required: Proposed. 7,4 1 Combined F/R: Existing: Required: Proposed: Side Setback: Existing; Required: Proposed: \ Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name. address and telephone number. contained within a letter signed by the applicant stating the name. address. and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State o f Colorado. listing the names of all owners of the property, and all mortgages, judgments. liens. easements, contracts and agreements affecting the parcel, and demonstrating the owner s right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey.mcluding topography and vegetation showing the current status of the parcelceffed by a registered land surveyor, licensed in the State of Colorado. (Thisiquirement, or any part thereof. may be waived by the Community DevelopmER Department i f the project is determined not to warrant a survey document.) t>lk 7 - lall . na Ticor ICL DUU-3.2.j-9337 .Jul 22'95 , : 28 No. U 1.13 9.02 THOMAS BLAINE COLEMAN July 22,1998 Via Fax: 070) 544-9733 Mr. John Temple Shaw Constmction Co. Dear John: This letter serves to authorize you to act on my behalf as my owner/ rep to represent me on all matters regarding my house at 1105 East Ute. Si*fely, TH,r-~'te<COLEMAN 32 Ut. Charles Avenue Ne,>brieans, Louisiana 70130 Phone: (504) 586-8300 SHAW TBCÂ·et Construction John Temple (970) 544-9731 Job (970) 544-9733 FAX 111 Kalamath Street Denver, CO 80223 Phone (303) 825-4740 Fax (303) 825-6403 L Mil - 0 0 T 10Or - L .DU4-2-D- 7 30 f -' U 1 -- 'El 6 9:29 No.UUS Y.US LA* OFFâ€¢CÂ¢* OF OATES. KNEZEVICH & GARDENSWARTZ, P.C. /MO/EygIONAL CO.PORAVION THIRD FLOOM AmPEN PLAZA OWIL-CnNO 533 CAST .O/Kil. AVENUE A,PEN COLORAOOetell LEONARD M OATEe TELE,MONE Â¢99701 920-1700 RIC)â€¢ARD A M.IZEVICH FACII MI 66 -70~ 920Â· I 12 1 7/0 0. GARDâ€¢NswARTZ 0Â·mall orâ„¢glrof not December 3, 1997 DAVID a KELLY OF COWN'IL JOHN THOMAI KELLY Mr. Thomas Coleman 321 St. Charles Avenue New Orleans, LA 70130 Re: Original General Warranty Deed Dear Mr. Coleman: Enclosed for your records is the original General Warranty Deed from William R Frazer and Jane Z. Frazer on the Hoag-4-Condominium Unit B. Should you have any questions and/or comments please feel Ree to contact me at the above listed number. Sincerely, OATES, KNEZEVICH & GARDENSWARTZ, P.C. 4-L- By -----..-.-- ----.- *.- .- John T. Kelly JTK/elh Enclosures lili 1 Li 1 21 Tioor i EL Â· Du':-2.-3- 1309 , - i .-4- .30 r Â· 6 J '49 ' uu) r . 04 limmlmmullu Ellimmuili. Recorded at _ 410044 11/12/1007 03155/ 110 DAVIS *ILVI Reception No. _ 1 0 2 R 11.00 0 100.00 N 1.N PITKIN COUITY CO RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: John Kelly, Esq. Oates, Hughes & Knezevich ~ 333 East Hopkins Ave. h Aspen, CO 81611 ga William R. Frazcr and Jair Z. Frazer, Trustees of the William R. Frazer and Jane GEMBLNIX_DEED r-Z. Frazer 1992 Family Trust dated December 18, 1992 whose address is 250 Tunnel Road, l~:Berkeley, CA 94705, as Gramor. for TEN DOLLARS ($10.00) Mid other good and valuable ~consideration, in hand paid, hereby still and conveys to Thomas B. Coleman whose address is -321 St. Charles Avemle, New Orleans, latisiana 70130, the following real properly in the County of Pitkin, State of Colorado; to wit: UNIT B, HOAG+CONDOMINIUM. according to the Condominium Map thereof recorded November 7, 1980 in Plat Book 10 at Page 39 and according to the Condominium Declaration for Hoag+Condominium recorded November 7, 1980 in Book 398 at Page 628, County of Pitkin, State of Colorado. d-with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: e-General taxes for 1997 due and payable in 1998: right of way for ditches or canâ€¢ls constructed .~by the authority of the United Stltes as reserved in Untied Stat= Pateit recorded August 26, 1949 ~fin Book 175 at Page 299; terms, conditions. provisions and obligations as oct forth in Warranty '-beed recorded March 1, 1979 in Book 364 at Page 219; terms, conditions, provisions and Â·~ ~ Rgr~ligations as set forth in Covenant of Indemnity recorded July 23, 1979 in Book 373 at Pagc 97; 8 ~ ~**ms, conditions, obligations and all matters as set forth In Statenk:nt of Exception from the Full ~ ~jubdivision Proces: recorded November 7, 1980 in book 398 at Page 627; terms, conditions, ~ z .provisions, obligations, easements, re,trictions and asse~mcnts u set forth in the Condominium ~3*Declaration for Hoag-4-Condominium recorded November 7, 1980 in Book 398 at Page 628, Â£1:ldeleting therefrom any restrictions indicating preference, limitation or discrimination based on =Pace, color, religion, sex, handicap, familial status or national origin; terms, conditions, provisions and obligations as set forth in Ragement recorded November 7, 1997 in Book 398 at Page 639; easements, rights of way and all matters as disclosed on Plat of subject property recorded November 7, 1980 in Plat Book 10 at Page 59; SIGNED this /O day of November, 1997. WILLIAM R. FRAZER AND JANE Z. FRAZER 1992 FAMILY TRUST DATED DECEMpER 18. 1992 By: Â»dZ.- A 04-,4.4 William R. Frazer, Trustee By: -9/1&-1-21â€¢40 71<,_*27., agnal-phvul, *Â¤6ee 410544 TIWER DECUmTION RECEIVED 11/12/1997 Pt T 95 52 cr'v 4,11 j 24 A U rloor ,ELÂ·.,O,4-DZD-130 pui =. 34 21 03 NO .Uu, r. 03 .f6,--a COMM. 010*0660 ~ STATE OF.134{1.4.- ) illfIfimI NOIANÂ¥ PURIC CALWORNIA = CON'RA COSIA COUN" i COUNTY OF AW-Jk ) The foregoing General Warmmy Deed was acknowledged before me this tb 4 day of November, 1997 by William R. Frazer M trustee of the William R. Frazer and Jane Z. Frazer 1992 Family Trugt dated December 18,1992. WITNESS my hand and official seal. My commission expires: Jl-*- 4.,4'11 Notary Public STATE OF (-1 ) ) 58 COUNTY oF _44.-1. ) The foregoing Geâ„¢:ral Warranty Decd was acknowledged before me this Ke day of November. 1997 by Jane Z. Frazer as trustee of thc William R. Frater and Jane Z. Frazer 1992 Family Trust dated December 18, 1992. WITNESS my hand and official seal. My commission expires: 31.., 4 eet r Â· -2-~~4// 6/4-C- L Notary Public CÂ·\AVH\DOCS\FRAZER.GWO NOYACY â€¢UILICÂ·CAOFORNIA ., COMM. 0,060.60 ~ CONUA COSÂ¥A COUNTÂ¥ m i ME m im Ill 11,1 M lillm m im il im 410544 11/12/1007 031Â§5P MD OAVES SELVI 2 0 2 R 11.00 0 100.*0 00.00 Pin(IN COUITY CO 2 AW OFFICES OF O:VrES. KNEZEVICH & GARDENSâ‚¬\LXHTZ. P.C. PROFESSIONAL CORPORATION THIRD FLOOR ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE 2, SPEN. COLORADO 816 1 1 LEONARD M. DATES TELEPHONE (970) 920-1700 RICHAfRD A. KNEZEVICH PAC SIMILE (970) 920- 1121 TED D GARDENSWARTZ e-mail ohkg@rof.net July 22.1998 DAVID B. KELLY OF COUNSEL JOHN THOMAS KELLY Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 HAND DELIVERED Re: Unit B, Hoag-4-Condominiums Dear Ladies and Gentlemen: The undersigned being an attorney duly licensed to practice law in the State of Colorado, does hereby certify that I have examined the records of the Clerk and Recorder of Pitkin County, Colorado regarding Unit B, Hoag-4-Condominium, from November 12, 1997 until July 15, 1998, and find title vested in Thomas B. Coleman, in Fee Simple. Subject only to general taxes for the year 1998 payable in 1999, and those exceptions set forth in Schedule B2 of Fidelity National Title Insurance Policy No. PCT12352, a true and correct copy of which is attached hereto. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. By.-- M A~ John T. Kelly KTKjamc Enclosure C.Â·\data\Clients\Misc\APCCDD for John Kelly 7-22-98 , PITKIN COUNTY TITILEINCm--Â·-- - -------/---*..... 601 E. HOPKINS ASPEN, COLORADO 81611 VINCENT J. HIGENS CHRISTINA DAVIS PRESIDENT 970-925-1766 I 970-925-6527 FAX EXEC. VICE PRESIDENT July 22, 1998 Oates, Knezevich & Gardenswartz 533 E. Hopkins Aspen, Co. 81611 ATTN:John Kelly RE: Coleman PCT12352 Pitkin County Title, Inc. is pleased to provide you with the owners policy relative to the above mentioned file. Please review the policy in its entirety. We ar Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us .ind we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If vou sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. rhank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. ;incerely, i /incent J. Higen 1resident Â·Jh Enclosures: THANK YOUN! Owner's Policy of Title Insurance Fidelity National Title Insurance Company A Stock Company Policy Number 1312- 111276 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated herein: 2. Any defect in or lien or encumbrance on the title: 3. Unmarketability of the title: 4. Lack ofa right ofaccess to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense ofthe title. as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized ojficers as of Date of Policy shown in Schedule A. ..!fiRL:. Fidelity National Title Insurance Company licÂ¢ Ar -~ President ~; SEAL B~ ATTEST Secretary Countersigned: tkimlbot Authorized Slenature ALTA Owner's Policy (10-17-92) . r . .i./ ./.in./. ENT SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT12352 11/12/97 @ 3:56 P.M. $ 1,000,000.00 1312-111276 1. NAME OF INSURED: THOMAS B. COLEMAN 2. THE ESTATE OR INTEREST IN THE LAND 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: THOMAS B. COLEMAN 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: UNIT B, HOAG-4-CONDOMINIUM, according to the Condominium Map thereof recorded November 7, 1980 in Plat Book 10 at Page 59 and according to the Condominium Declaration for Hoag-4-Condominium recorded Nocember 7, 1980 in Book 398 at Page 628. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT12352 11/12/97 @ 3:56 P.M. 1312-111276 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, enchroachments, 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. Water rights, claims or title to water. 6. Taxes for the year 1997 not yet due or payable. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 299. 8. Terms, conditions, provisions and obligations as set forth in Warranty Deed recorded March 1, 1979 in Book 364 at Page 219. 9. Terms, conditions, provisions and obligations as set forth in Covenant of Indemnity recorded July 23, 1979 in Book 373 at Page 97. 10. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded November 7, 1980 in Book 398 at Page 627. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Hoag-4-Condominium recorded November 7, 1980 in Book 398 at Page 628, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 12. Terms, conditions, provisions and obligations as set forth in Easement recorded November 7, 1997 in Book 398 at Page 639. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 7, 1980 in Plat Book 10 at Page 59. FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 300 Irvine, CA 92614-6253 Jul-22-98 07: 53A TEn E & TEN EYCK, INC. 30 757-6287 P.03 ASPEN 29 -Â©80*2 91'no.0..-,4 co IX '994 FGHI '' . 1 - I,illllli j 4 1 - - 1 - .4 .i ' . 0, 9. h. - ~4 1-4 0,4. Ad 5 - - I .. O % J.%-I. 1 e 49# ik , -// / I I .. f ' - g / 9 / t 0 44 1 , /' /. \- / "444,1 8. 4. 4 - " 1 1 '4/ 4 4. '0 4 1 4 ' $ A. I $ 'on- - . 1, & 2 0 4.. i i. I El . ii~ â€¢ P '1 /0 '02 Â·Â·4 . LM d hi t 0 4 4%0â€¢ 1 For. a....C. c ' \\09 4 Â¥ Ork .9 4 1 4 a I J - Highway 0 - Roads - - - Unpaved Roads ~ Railroads k 21(>73 4911â€¢,â€¢ ,;.vu,oe,/I"Â«.aci DAM-.CA ATTACHMENT 4 Specific Submission Contents Exemption from ESA Review By Community Development Director The request for Community Development Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of allprevious development approvals granted to the property. with the approximate dates of said approvals. ~-jÂ» 0.--*Pr r.4c- (, 4. A copy of any recorded document which affects the proposed development. including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. 5. A written response to the applicable review criteria (attachment 5). Jul-22-98 07:52A TEMI & TEN EYCK, INC. 3( 757-6287 P.01 Design 1321 South Edison Way Prolect Management Denver. CO 80222 Construction 303 692 8801 VV Temple +Ten Eyck. July 22,1998 City of Aspen 130 Galena Street Aspen, Colorado 81611 Attention: Chris Bendon, Planner Dear Chris, This letter is a description of the proposed shed at 1105 Ute Ave. The shed is behind the house and lower than the existing roof line of the house. The dimensions are stated on the drawings. Please refer to the drawings submitted with the permit application showing the size and location on the site plan. Tile house and shed are below the road behind the house. The shed is "tucked away" nicely into the house and cannot be seen unless one stands on the road and looks down onto the roof of the shed. Please refer to the photographs taken. Please call John Temple if you have any questions at 544-9731. If he is not available, please call Liz Temple at (303) 692-8801. Thank you very much for your consideration, Elizabeth Temple 9/27 <9 -*P ... 2 .2,30'.*utt I 1".Mtâ€¢Â» 2: - - .71*Al' - k '44 1 +Ygi*<I.; 0* 5444:.** - i 1- _**~ 4 I. 9. in Ney -r . . .34..... 7 .-43 it''P,C. - 7 h k .,. e 42<AU ./1#6.. MA '1 f. .1,4 -i Y?F.. - .42. A .b. - -A 0- 4 r. I. :'1 r. 16 -, ,,.07-92 . 1.2 Ad/6 *ACKÂ· I )- I i Â»ultift. Â·9134%460(Abi*Av 2â€¢â€¢.Ilia I-- i. - I. i 'fr:'1.- 16 -mi 1 \OS 0.564 U. le- 4 *â€¢' A -7.- 4. , tyÂ·:- 0' 1.2*243 I . . ,< r &- /1 f S 4/ 441 ' . *,2 - - -9 6--:-i~~-'â€¢7.1-9/rÂ·2 . I- .. 4 . ._ . L.I.'--.I'...I-- . i, ' ./r.*AFÂ· lit 01.44 - . ' 4 1...~ 1 4 , , 1 1- ..r 5 Â· 7/ 07' .'t 61 '-1 . I - . M E-rs,1: - rt..4.442Â»Â·' 9.01Â· *. .. 04 F--~ f. 09 3**S#k. '/5 Â·IUâ‚¬~~ 1,~~ 7 t. - : -4 7/16 / ..Â·LÂ·Â·t ..5/ 7.5 76*f#Ff-:. 7*0.49 205 2.4 ; il:2'9Â© - ..a "' .12 I.â€¢8~~.1*t~e--~lhf , 4.4 -6,&125 / - 415 ir~.t,~f,I:#b. :.1 :.i<eplftÂ·f'*Ve : *. 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W 2 0.â€¢07'*.Â·,1.....iâ‚¬ 144, 141Â¥'A':1+4 44 ' F t. tÂ· t ' i ' 0 Â·/,I .,2. IA . ~- tf,li#~~I Â·. *'Â·' :.0 Â·10':624.;.if!54*.farA.~t" ji~>'s +5'51, , t. â€¢ .11>#P'. I d. ':.I, 9- I -f f>.1 9*+2 %>A. .%.1 4' h '' 4%14 / ~fÂ¢,iÂ».. R . 'r *4'jt j v...Â· ~....:. $ 1 1 Â· * 1 64, , b ' ,-4.4 6 . f 4.4 7 h .1/ 1.4 119,7,1:Câ€¢,1 4. 51 - ...:I ' '' ,Â·râ€¢ 4 1..â€¢-'~>re..,:-â€¢41 i ~~ 7 ,.ti~.2 tv'*<~~'*~,titi- Â°~~~~~ 40 ' 1 AÂ· ' 41:Wabl ' 1 1 t: i . ~r*;~1. 4 Â· e ...1 , It . Â· ... I ..1. t'' *1. 4 t ' g. 1 h id r, 4 . '11 . 1 * 1 A 0 4 47 . -9*9 4 '5*,9 Illy' :.Â·-â‚¬â€¢ ***,22'*NI.,~i-* hirr 42. 'f'~ tf -4*.4*, 9 % ff.f:. 4'.SlÂ¥,9.*y.22, : 4 Â· 1,1, 8,4 Cke:i .'f Â·/ I. f f . Fir; ' .*Â· A . 9~'Â· iâ€¢ Lft - 1.411'Â·'4 ' 4 ' -4 '44 4..7 'i â€¢k .. .. . ir .1-- 1, --\ ....4 6 110 4 1.,91 i . 7," . $ 4 ->11. HA 4 IN-Ki fl ' . joit - h ; j. *R?>60 â‚¬ , 7. i l.,%1 1- .9-,1 , 1 I. . , I J. 4*.I,%. ..~ ., ... ~9....te'. t 1 N j. 1 L. 44 4 4 741~ .--*:.-~6.- 44 . ~444964/.4* 1. 9;:1?~. 1 '41 -,99 .,SL'.7-.Â»â‚¬2:3.4:;.~4~:49'NI-Â» .. .,~ 1/. ./ 4. .. ;Â£4~029': '372'W: >e r,.* j'0Â¢ji:~.USM*4 .... ' 4 . . Li *4<5.Â· ' L .*f A Attachment 5 Review Standards: ESA Exemptions Thomas B. Coleman Temporary Shed Addition 1105 East Ute Ave. 1. The temporary attached shed does not add more than 10% of the f[oor area. The allowable floor area for the property is 3890 sq. ft. The existing structure floor area is 3567 sq. ft. The new proposed temporary shed adds 197 sq. ft. or a 6% increase to the floor area. 2. The proposed shed does not required the removal of any tree. The shed will be attached to the house on the southwest corner in an area that has no trees. All the trees on that side are near the trail easement and screen the condominium. These trees all remain to screen the proposed temporary shed. 3. The proposed temporary shed is attached to the house and within the building envelop. ATTACHMENT 5 Review Standards: ESA Exemptions by Planning Director The expansion, remodeling or reconstruction of an existing development shall be exempt from ESA Review if the applicable standards below are met. Please respond to the appropriate criteria: 8040 Greenline Review Exemption. ~1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are 3 exempt from floor area calculations by more than twenty-five (25) percent: and ~ 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section; and ~ 3. The development is located such that it is not affected by any geologic hazard and will not result C- in increased erosion and sedimentation. \Al ~04'- Cl~212,v~,Â·44 -33\,4 .-8Â·0Ne'-6.'.~,, Stream Margin Review Exemption. 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development: 4. The development does not fall outside of an approved building envelope if one has been designated through a prior review: and 5. The development is located outside of the of the special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Mountain View Plane Review Exemption. Exempt development includes the addition of any mechanical equipment to an existing development which protrudes into the view plane. except for the following types of equipment: 1. Satellite dish; 2. Elevator shaft; or 3. Any other piece of equipment whose height and mass are found to be of such significance in their effect upon the designated view plane that their review pursuant to the standards of Section 26.68.050(C) is required. Hallam Lake Bluff Review Exemption. Exempt development includes the exterior expansion, remodeling or reconstruction of an existing structure or development, or the removal of trees or shrubbery, if the following standards are met. 1. The development takes place more than thirty (30) feet from the top of slope, or the development is obscured from the rear siope by other structures as determined by a site section provided pursuant to review standard (C)(7) below. C.7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. . . . . . 0 . . NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. LEGEND AND NOTES O FOUND SURVEY MONUMENT NO. 5 REBAR W/ CAP G B.L.M. BRASS CAP IN CONC SCALE 0 UTILITY BOX 2 ~. 1 INCH - 10 FEET TITLE INFORMATION FURNISHED BY: t 0 10 20 P I TK I N COUNTY T I TLE. 1 NC. CASE NO. PCT-6685 - DATED: 07/01/92 t CONTOUR INTERVAL IS I FOOT LOT 2 Z CALLS IN C ) CALCULATED USING NEW B,L.M. HOAG SUBD. 2 2 INFORMATION DATED: 2/14/1980 : SPRUCE TREE 2 - /0 1 1.- 1.-1 42> 4 0, t + 1 - - 1 60 %64,2 i ee <426# BRASS CAP ~ ~ 63Â¢ CORNER â€¢4 - M.S. 5190 = DATED 1954 ~--- CERTIFICATION f \41 1 1. DAVID W. Mc BRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED 1Â»6 DURING DEC. 1 4 14 7 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE -44.-1-0* SHOWN AS FOUND HEREON, AND THAT THERE ARE NO DEISCREPANCIES. j LOT 4 .44 %64â‚¬4/ CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD ' ee.-- C AREA 17.107 SQ. FT. '/-) 4444#Y EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES 1 WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS - -9%4,9-M*3.3,4 - 2 SIGNED THIS -- DAY OF 0,te Â£%9/ - i i- 4 .t DAVID W. MeBRIDE RLS 16129 , 6 % D \ \ 1-=- B~ 4Â·/St.- 1 ...... --- r.#2Â¥ .41 R.O.W. 4.6 .... SKI LIFT * - -- XFMR - 1 ** 1 \ 2 *\\ \C \ YELLOW PLA 1 ,/ CAP 2376 \\ UNIT B -0 \ - - -1-- -1 \-- .-I rr :,J 'X- IN , ROCK Â« - 9 4 6.0 \\ \ \\3 - rk/0 - 2+ -4L ASPEN FOR THE WIDENING OF UTE AVENUE, 10' WIDE STRIP RESERVED TO THE CITY OF 1%1 i o,Fr THIS STRIP TO BE DEEDED BY OWNER OF i E N O..- 62 - RECORD AT TIME OF WIDENING, . C -$. \%, -...+4' V '/42 614*4, - I / .,. T.~J~L~C: ~ c ,< , e" 1 / 5 9 1 1/ . \ - L. ..1 D . I .. . 0.3.0 - 1 - 1 Z 1. 1 l~ \ 4 'U 1 1 A .A .1, ~ 11 Got N D 0 /2 ill .1 /3 A 1 1 4 0 UNIT Le .0 <y 4 6â€¢ 0 \ %0 0 * 4 A.A. 40 .4, \ 4 e LOT 5 - 9.0 4 HOAG SUBD . 4 1 1 / SITE IMPROVENENT SURVEY 1 1 OF UNITS A & B. HOAG 4 CONDOMINUMUS. CITY OF ASPEN. 4 NOTE: UPPER PORTION OF ~ - WET STAMPED BY THE SEAL OF THE SURVEYOR. l - L_3<u- 12 0-/ 977 ~ 6,--lift> . Â£ A R ; Ablt* . Â·, - N - 4 1 â€¢C' 1 - L / - . 1 7 C, A, 1 / PITKIN COUNTY COLORADO. LOT 4. NOT FIELD SURVEYED PREPARED BY ./ IN 1997 â‚¬> BRASS CAP ASPEN SURVEY ENGINEERS. INC. ... ' CORNER â€¢9 A / 9 0 91 5: 2376 TRACT 4I 210 SOUTH GALENA STorr:T E.A.T. ASPEN. COLOP l C 2355 S.F. ./.) PHONE/FAX 1 N 90'00'00-W c 85.03') 1 1 DATE . e . . . 0 0 12/22/97 ~ UTILITY EASEMENT I N 04'49'48-E ] C 65.85') 4 : C 55.20')