HomeMy WebLinkAboutLanduse Case.SM.1310 Red Butte Dr.A11-92 f
` �,� . •J
i
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 2J14/92 PARCEL ID AND CASE NO.
DATE COMPLETE: y/20 2735-013-03-001 A11-92
STAFF MEMBER: KJ
PROJECT NAME: Mendenhall Stream Margin Review V
/
Project Address: 1310 Red Butte Drive, Aspen -1ff
Legal Address: Lots 2 and 3 , Block 2 , Red Butte Subdiv. nQ
APPLICANT: Keifer Mendenhall ,
Applicant Address: P.O. Box 191, Aspen, CO 81612 925-7454
REPRESENTATIVE: Sunny Vann tr.A
Representative Address/Phone: 230 East Hopkins Avenue
Aspen, CO 81611 925-6958
PAID: (YES) NO AMOUNT: $1002 NO. OF COPIES RECEIVED 3/3
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date !/02.-- PUBLIC HEARING: YES NO
• VESTED RIGHTS: YES NO
CC Meeting Date ///2--7' PUBLIC HEARING: ES NO
s/26(?� " 1'ft
VESTED RIGHTS: YES NO G
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
X City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept (GW)
Aspen Water Fire Marshall State HwyDept (GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con. S.D. Energy Center
DATE REFERRED:09-4;2/- 2_..--- INITIALS:
dC7
FINAL ROUTING: DATE ROUTED: - dLJNITIAL 2 7
City Atty City Enginee Zoning Env. Health
Housing Other: ■!.3./
FILE STATUS AND LOCATION: a
■\
c( 7
.
RESIDENT OCCUPANCY DEED RESTRICTION
LOT 3, SECOND AMENDMENT TO BLOCK 2, RED BUTTE SUBDIVISION
THIS AGREEMENT, made and entered into this /1 a y of April,
1992 , by and between KIEFER MENDENHALL and MARY E. MENDENHALL
(collectively "Owner") , and THE ASPEN/PITKIN COUNTY HOUSING
AUTHORITY, a multi-jurisdictional, housing authority established
pursuant to that certain Amended and Restated Intergovernmental
Agreement recorded in Book 605 at page 751 of the real property
records of Pitkin County, Colorado (the "APCHA") ,
W I T N E S S E T H:
WHEREAS, Owner is the fee owner of Lot 3 , Block 2 , Red Butte
Subdivision, according to the Second Amended Plat of said Block 2
recorded in Plat Book 2,-.7 at page 83 of the real property
records of Pitkin County, Colorado ("Lot 3") ; and
WHEREAS, Owner is constructing a new single family residence
on Lot 3 (the "Residence") ; and
WHEREAS, pursuant to Aspen City Council Ordinance No. 1,
Series of 1990, and as a condition to Aspen Planning and Zoning
Commission Stream Margin Review Approval Resolution No. 92- L
Owner is required to deed restrict the Residence pursuant to the
APCHA's guidelines for Resident Occupied Units.
NOW, THEREFORE, for and in consideration of the exemption of
the Residence from growth management pursuant to Section
8-104.A. 1.c(1) of the Aspen Land Use Regulations, and the issuance
of a building permit for the Residence, and for other good and
valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, Owner covenants and agrees as follows:
1. The Residence is hereby designated as a "Resident
Occupied Unit" , as currently defined and regulated by the APCHA.
The _ occupant of the Residence must be a resident of
Pitkin County and/or employed in Pitkin County for a minimum of
thirty (30) hours per week at least nine (9) months of the year.
3 . Prior to the initial occupancy of the Residence, and
again prior to each change of occupancy of the Residence, written
verification of the Pitkin County residency and/or employment of
the proposed occupant shall be filed by the Residence Owner with
the APCHA, and such verification must be acceptable to the APCHA.
.4 . Subject always to the foregoing occupancy requirements,
the" Residence may be freely rented or sold, without restriction as
to" rent or sales price. Provided, that if the Residence is rented,
the minimum lease period shall be six (6) months, with no more than
two (2) shorter tenancies allowed per calendar year.
#3448c :)5/18!92 13e 2O Rec $15. OO 676 PG ~212
Silvia Davis, Pitkin Cnty Clerk , Doc $.00
• •
5. Owner and APCHA mutually acknowledge that Owner has the
right at any time to terminate this Deed Restriction either (i) by
paying the "Affordable Housing Impact Fee" then in effect under the
Aspen Land Use Regulations, or (ii) by providing an Accessory
Dwelling Unit and deed restricting it to APCHA's resident occupancy
guidelines then in effect, in the Owner's sole discretion. If at
the time Owner elects to terminate this Deed Restriction the Aspen
Land Use Regulations do not contain an "Affordable Housing Impact
Fee" , Owner shall have the right to accomplish the termination by
paying the "Affordable Housing Impact Fee" that was last in effect
under such Regulations. APCHA agrees to cooperate with Owner if
Owner elects to terminate the Deed Restriction, and to execute
whatever documents may be appropriate to accomplish such
termination as a matter of public record.
6. Unless terminated as above provided, this Deed
Restriction shall run with the title to the Residence and shall be
binding upon the record owner or owners of the Residence from time
to time, and upon all occupants of the Residence, for the period of
the life of the longest-lived member of the presently-constituted
Aspen City Council plus twenty-one (21) years, or for a period of
fifty (50) years from the date this Deed Restriction is recorded,
whichever is less.
-2-
I
., , 111' III
IN WITNESS WHEREOF, the parties have executed this Deed
Restriction as of the day and year first above written.
Owner:
Kie r Menden all -
77naiJii 1,, mtAdv
Mary E. /Mendenhall
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The f_ regoing instrument was acknowledged before me this /'
day of , 1992 by Kiefer Mendenhall and Mary E.
Mendenhall/
Witness my hand and official seal.
`� t,' i6 y` commission expires: ///24/q/ .
'
.4 44._4, /t�cc n'j!
.,..r ' 4
. .4 No .ry Public
yr\ ('. ACCEPT • E BY APCHA
-•- The foregoing Deed Restriction and its terms are hereby
accepted by the Aspen/Pitkin County Housing Authority.
Aspen/Pitkin County Housing Authority
\ L:By: & +7
���� �� Chairman
Date:
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
co
The fore oing instrument was acknowledged efor/e. me this 2
day of , 1992 by ,05 / . (Id/L 775 as
Chairman f the Aspen/Pitkin Coun Housing Authority.
Witness my hand and official seal.
�� (-4
, .^�,,�4. .• My commission expires:
14V
j ` '• '' �) D Ca
y ks ti }e!" ill 6
, Notary Public -
�
.
ASPEN 9326
-3-
r- -F1 c
! ,
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL FOR THE MENDENHALL STREAM MARGIN REVIEW LOCATED AT 1310
RED BUTTE DRIVE (LOTS 2 AND 3 OF BLOCK 2, RED BUTTE SUBDIVISION)
Resolution No. 92-
WHEREAS, the Planning Office received an application for
Stream Margin Review for a building envelope for an existing
residence on Lot 2 and new single family residence and building
envelope on Lot 3 by Keifer and Mary Elizabeth Mendenhall,
represented by Sunny Vann; and
WHEREAS, the new residence will be deed restricted for
resident occupancy in accordance with the housing mitigation
requirements set forth in Ordinance 1, Series 1990; and
WHEREAS, the Planning Office, Parks Department and the
Engineering Department reviewed the proposal and recommended
approval of the Mendenhall Stream Margin Review with conditions;
and
WHEREAS, at a regular meeting on April 7, 1992 the Planning
and Zoning Commission approved by a 6-0 vote the Stream Margin
Review amending the conditions recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Mendenhall Stream Margin review is approved with the
following conditions:
1) The applicant shall make a statement on the permit set of
drawings indicating that there will be no destruction of vegetation
between the building envelope and the river. Revegetation is
required for any disturbed soil on the site(s) . Additional
plantings shall be permitted after construction.
2) Construction procedures shall be employed that permit no runoff
from disturbed soil into the river. Prior to issuance of any
excavation or building permits, the applicant shall submit
information to the Engineering Office describing construction
procedures and drainage controls.
3) Prior to development on Lot 3 , driveway access for both lots
shall comply with Sec. 19-101 of the Municipal Code.
4) The applicant shall consult the Parks and Engineering
Departments prior to development in the public right-of-way and
shall obtain permits through the Streets Department.
5) If dedicating a fisherman or trail easement along the river, the
applicant should contact the Parks Department to determine an
appropriate location for the easement.
1,_-,
110
, 411
, .
4 . , -
(. 6) The property owner shall contact the Parks, Department for tree
removal/relocation permits prior to the issuance of any building
permits in the event that permits are required.
7) New ditch culverts must be 8" minimum. Keep all culverts clean
and in good condition.
8) Foundation excavation along the river side of the structure(s)
shall be done from the inside out. The Applicant shall satisfy the
Engineering Department regarding methods and procedures to prevent
debris from falling down the slope. Methods and procedures shall
be in place prior to commencement of excavation and shall remain
throughout construction.
9) All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
10) Prior to the issuance of any building permits for Lot 3 , the
Applicant shall record a deed restriction on the proposed structure
for resident occupancy with language approved by the Housing
Authority, and a copy of the recorded deed restriction shall be
forwarded to the Planning Office.
(;
APPROVED by the Commission at its regular meeting on April 7, 1992 .
Attest: Planning and Zoning C ission:Je/S-r,-2--(A-A-e-- 76 .
J Carney, DeputyCity Clerk I Jasmine Tygre, Chai't
• 1 L J
L'
II Or CP
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Direct
FROM: Kim Johnson, Planner
DATE: May 26, 1992
RE: Mendenhall Vested Rights for Stream Margin Review -
Second Reading of Ordinance 33 , Series 1992
SUMMARY: The Planning Office recommends second reading of
Ordinance 33 , Series 1992 to vest the Mendenhall Stream Margin
development approval granted by the Planning and Zoning Commission.
First Reading was held on April 27, 1992 .
BACKGROUND: On April 7 , 1992 the Aspen Planning and Zoning
Commission approved with conditions a Stream Margin Review for a
new residence and an existing residence on two lots owned by the
Mendenhalls in the Red Butte Subdivision. Resolution No. 92-4
documents the approvals. Representative Sunny Vann has requested
vested rights for the approval actions. Pursuant to Section 6-
207 , vesting of property rights requires a Vested Rights Ordinance
and two readings before Council.
RECOMMENDATION: The Planning Staff recommends that the City
Council approve the Mendenhall Stream Margin Vested Rights and have
first reading of Ordinance 33 , Series 1992 .
PROPOSED MOTION: "I move to approve Vested Development Rights for
the Mendenhall Stream Margin Review. "
"I move to have second reading of Ordinance 33 , Series 1992 . "
CITY MANAGER COMMENTS:
Attachments - Ordinance 33 , Series 1992
P&Z Resolution 92-4
•
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL FOR THE MENDENHALL STREAM MARGIN REVIEW LOCATED AT 1310
RED BUTTE DRIVE (LOTS 2 AND 3 OF BLOCK 2, RED BUTTE SUBDIVISION)
Resolution No. 92- 4
WHEREAS, the Planning Office received an application for
Stream Margin Review for a building envelope for an existing
residence on Lot 2 and new single family residence and building
envelope on Lot 3 by Keifer and Mary Elizabeth Mendenhall,
represented by Sunny Vann; and
WHEREAS, the 'new residence will be deed restricted for
resident occupancy in accordance with the housing mitigation
requirements set forth in Ordinance 1, Series 1990; and
WHEREAS, the Planning Office, Parks Department and the
Engineering Department reviewed the proposal and recommended
approval of the Mendenhall Stream Margin Review with conditions;
and
WHEREAS, at a regular meeting on April 7, 1992 the Planning
and Zoning Commission approved by a 6-0 vote the Stream Margin
Review amending the conditions recommended by the Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Mendenhall Stream Margin review is approved with the
following conditions:
1) The applicant shall make a statement on the permit set of
drawings indicating that there will be no destruction of vegetation
between the building envelope and the river. Revegetation is
required for any disturbed soil on the site(s) . Additional
plantings shall be permitted after construction.
2) Construction procedures shall be employed that permit no runoff
from disturbed soil into the river. Prior to issuance of any
excavation or building permits, the applicant shall submit
information to the Engineering Office describing construction
procedures and drainage controls.
3) Prior to development on Lot 3, driveway access for both lots
shall comply with Sec. 19-101 of the Municipal Code.
4) The applicant shall consult the Parks and Engineering
Departments prior to development in the public right-of-way and
shall obtain permits through the Streets Department.
5) If dedicating a fisherman or trail easement along the river, the
applicant should contact the Parks Department to determine an
appropriate location for the easement.
• A
6) The property owner shall contact the Parks Department for tree
removal/relocation permits prior to the issuance of any building
permits in the event that permits are required.
7) New ditch culverts must be 8" minimum. Keep all culverts clean
and in good condition.
8) Foundation excavation along the river side of the structure(s)
shall be done from the inside out. The Applicant shall satisfy the
Engineering Department regarding methods and procedures to prevent
debris from falling down the slope. Methods and procedures shall
be in place prior to commencement of excavation and shall remain
throughout construction.
9) All material representations made by the applicant in the.
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
10) Prior to the issuance of any building permits for Lot 3 , the
Applicant shall record a deed restriction on the proposed structure
for resident occupancy with language approved by the Housing
Authority, and a copy of the recorded deed restriction shall be
forwarded to the Planning Office.
APPROVED by the Commission at its regular meeting on April 7, 1992 .
Attest: Planning and Zoning C ission:
J Carney, Deputy City Cl rk 1 Jasmine Tygre, Chalet
Y//t
•
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Directo
FROM: Kim Johnson, Planner
DATE: April 27, 1992
RE: tker'ndenhall Vested---Rights. for`.Stream Margin :Review.d -
First Reading of Ordinance # -33, Series 1992
•
SUMMARY: The Planning Office recommends first reading of
Ordinance # Series 1992 to vest the Mendenhall Stream Margin
development approval granted by the Planning and Zoning Commission.
BACKGROUND: Qn . April 7,....-,1992, the __Aspen. Planning and Zoni`ng-,
Comm
ission approved with.conditionsa S.tream
new Margin Rev ei w for `ate
residence,�and_ an ,.existing residence on two lots owned=by t he.-
`liendenhalls An—the---Red-_--Butte_..,Subdivision Resolution No.92-4
documents the approvals. Representative Sunny Vann has requested
vested rights for the approval actions. Pursuant to Section 6-
207, vesting of property rights requires a Vested Rights Ordinance
and two readings before Council.
RECOMMENDATION: The Planning Staff recommends that the City
Council approve the Mendenhall Stream Margin Vested Rights and have
first reading of Ordinance # , Series 1992.
PROPOSED MOTION: I move to approve Vested Development Rights for
the Mendenhall Stream Margin Review and have first reading of
Ordinance # , Series 1992.
CITY MANAGER COMMENTS:
Attachment - Ordinance # , Series 1992
i •
ORDINANCE
(SERIES OF 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
VESTING THE DEVELOPMENT RIGHTS FOR THE MENDENHALL STREAM MARGIN
APPROVAL FOR PROPERTY LOCATED AT 1310 RED BUTTE DRIVE - LOTS 2 AND
3, SECOND AMENDMENT TO BLOCK 2, RED BUTTE SUBDIVISION) •
WHEREAS, Keifer and Mary Elizabeth Mendenhall submitted to the
Planning Office an application for Stream Margin review; and
on April 7, 1992 the Aspen
WHEREAS, at a regular meeting p p
Planning and Zoning Commission approved building envelopes for the
existing residence on Lot 2 and a proposed residence on Lot 3 ; and
WHEREAS, Planning and Zoning Commission Resolution 92-4
documents the conditions of approval; and
WHEREAS, the applicants also requested Vested Rights for
their approvals; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Land Use
Code revision date May 25, 1988, the City Council may grant Vesting
of Development Rights for period of three years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 24-6-207 of the Municipal Code, City Council
does hereby grant the applicant vested rights for the Mendenhall
Stream Margin review as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
1
•
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3 . Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the •
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4 . The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire-, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 2 :
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the City of Aspen no
2
• •
later than fourteen (14) days following final adoption hereof.
Such notice shall be given in the following form:
Notice is hereby giver to the general public of the approval
of a site specific development plan, and the creation, of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 3:
That the City Clerk is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
Section 4:
A public hearing on the Ordinance shall be held on the
day of , 1992 at 5: 00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of
, 1992 .
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
3
, 1992 .
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
4
i • 411
•
MEMORANDUM
TO: Planning and Zoning Commission "
FROM: Kim Johnson, Planning Office
RE: Mendenhall Stream Margin Review
•
. DATE: April 7, 1992
SUMMARY: Staff recommye}�d� appr.val of hese Stream Margin reviews .
with conditions. �nhAR )V2 A 0Li k0
APPLICANT: : Keifer and Mary Elizabeth Mendenhall, represented by
Sunny Vann .
LOCATION: 1310 Red Butte Drive (Lots 2 and'3 , Second Amendment to
Block 2, Red Butte Subdivision. )
ZONING: R-30 Low Density Residential
•
APPLICANT'S REQUEST: The applicant is requesting stream margin
review for the development of a new single family residence of
approximately 3 , 800 s.f. on Lot 3 and for a site specific
development envelope on Lot 2 . There exists on Lot 2 a single
family residence now occupied by the Mendenhalls. However, no
specific building envelope has been designated. The proposed-
. envelope will encompass the existing residence-. By establishing
an envelope and conditions of approval at this time, parameters for
• any future redevelopment of the site will stand without the need
for additional stream margin review. The existing and proposed
structures lie within 100 ' of the high water line of the Roaring
Fork River. Please see Attachment "A" for proposed envelopes and
residence.
In order to comply with Ordinance 1 for the new home, the
Mendenhalls indicate that they will deed restrict the structure to
resident occupancy. They are full-time working residents of the
community.
REFERRAL COMMENTS: A summary of the Engineering memo from Rob
Thomson is as follows: (Please reference Attachment "B" for
complete memo)
•
- The applicant shall make a statement on the permit set of
drawings indicating that there will be no disturbance of vegetation
between the building envelope` and the river. Revegetation is
required for any disturbed soil on the site(s) .
- Construction procedures shall be employed that permit no runoff
from disturbed soil into the river. Prior to issuance of any
• IIM
excavation or building permits, the applicant shall submit
-information to the Engineering Office describing construction
procedures and drainage controls.
- A fisherman' s easement is requested in the river and for a 5 '
distance along the bank.
- Historic runoff volumes should be maintained.
- Prior to development on Lot 3 , driveway access for both lots
shall comply with Sec. 19-101 of the Municipal Code.
The applicant shall consult the Parks and Engineering Departments
prior to development in the public right-of-way and shall obtain
permits through the Streets Department.
PARKS DEPT: George Robinson's comments are as follows: -
- A 5 '-15 ' fisherman/trail easement is requested along the river' s
edge. The applicant should contact the Parks Department to
determine an appropriate location for the easement.
- The applicant shall contact the Parks Department for tree
removal/relocation permits prior to the issuance of any building
permits.
- New ditch culverts must be 8" minimum. Keep all culverts clean
and in good condition.
STAFF COMMENTS:
Section 7-504 outlines the criteria for Stream Margin Review as
follows:
Criteria 1: It can be demonstrated that any proposed development
which is in the Special Flood Hazard Area will not increase the
base flood elevation on the parcel proposed for development.
Response: As both homesites are on the high bank, they are well
above the 100 year flood level. This criteria does not apply.
Criteria 2 : Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is
dedicated for public use.
Response: According to the adopted Pedestrian and Walkways Plan,
no trail has been designated across the parcel. However, Planning
and Engineering recommend dedication of a 5 foot Fisherman's
Easement on this parcel. The Rio Grande Trail runs along the
north bank of the river, opposite of the subject properties.
2
. .
Criteria 3: The recommendations of the Roaring Fork Greenway Plan
are implemented in the proposed plan for development, to the
greatest extent practicable.
Response: The 'plan does not specifically address these parcels in
its 'recommendations. The building envelopes proposed will not
significantly affect the riverfront vegetation or natural
appearance, according to the application. The Engineering
Department requires that any vegetation outside of the building
envelope on the riverside not be disturbed.
Criteria 4: No vegetation is removed or slope grade changes made
that produce erosion and sedimentation of the stream bank.
Response: According to the applicant, no vegetation will be
removed or any slope regraded such that the river would be
adversely affected. The site is fairly flat, so minimal grading
should take place. Engineering needs to sign off on a construction
/ drainage plan prior to issuance of any building permits. .
Planning suggests that the building foundation(s) be excavated from
the inside.
Any tree over 6 inches caliper on the lots will require a permit
for removal. As mentioned, Engineering requires that no vegetation
occurring outside of the building envelope be removed. The
application mentions that other landscaping will be added after
construction, and existing •small cottonwoods will be relocated on
site.
Criteria 5: To the greatest extent practicable, the proposed
development reduces pollution and interference with the natural
changes of the river, stream or other tributary.
Response: The proposed envelopes will have no adverse effect upon
the natural changes normally experienced by the Roaring Fork.
Revegetation of disturbed areas will preclude erosion and
appropriate safeguards will be utilized during construction to
prevent pollution of the river. Barricades preventing debris
falling downslope shall be erected prior to any
excavation/construction on the sites. The Engineering Department
requires that the applicant must submit a drainage plan addressing
stream pollution prior to issuance of any building permits.
Criteria 6: Written notice is given to the Colorado Water
Conservation Board prior to any alteration or relocation of a water
course, and a copy of said notice is submitted to the Federal
Emergency Management Agency.
Response: No alteration or relocation of the existing water course
will be required.
Criteria 7: A guarantee is provided in the event a water course
3
•
411 Ili .
is altered or relocated, that applies to the developer and his
heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished.,
Response: Not Applicable,
Criteria 8: Copies are provided of all necessary federal and state •
permits relating to work within the one hundred (100) year
floodplain.
Response: The applicant states that no federal or state permits
are required to construct within the proposed building envelopes.
STAFF RECOMMENDATIONS: The Planning Office recommends approval of
Stream Margin review for a new residence on Lot 3 and for a
building envelope and future construction on Lot 2 with . the
following conditions:
0
1) The applicant shall make a statement on the permit set of
drawings indicating that there will be no d:s�ticbgn&, of vegetation
between the building envelope and the river. Revegetation is
required for any disturbed soil on the site s)
2) Construction procedures shall be eyed that permit no runoff.
from disturbed soil into the river. Prior to issuance of any
excavation or building permits, the applicant shall . submit
information to the Engineering Office describing construction
procedures and drainage controls.
3) Prior to development on Lot 3 , driveway access for both lots
shall comply with Sec. 19'-101 of the Municipal Code.
•
4) The applicant shall consult the Parks and Engineering
Departments prior to development in the public right-of-way and
shall obtain permits. through the Streets Department.
5) If dedicating a fisherman or trail easement along the river, the
applicant should contact the Parks Department to determine an
appropriate location for the easement.
6) The property owner shall contact the Parks Department for tree
removal/relocation erm't prior to the issuance of any building
permits. Vy\ - E%lr? G/LQ . \
7) New ditch culverts must be 8" minimum. Keep all culverts clean
and in good condition.
8) Foundation excavation along the river side of the structure(s)
shall be done from the inside out. ,-: -
\IL••0 , S46_00 g\;,n #
I-,41/1,,,,,d,top,0 4v FA(2-44--
•
•
411
-Q- Y own—theIt shall be in place
prior to commencement of excavation and shall remain throughout
construction.
• 9) All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
�0) ��2%N//''
n ., 4 -b 'O, A, ft, tea°
RECOMMENDED MOTIO : I move to ap�rove stream margi review for
the Mendenhall parcels on Red Butte Dr. with the conditions
presented listed in the April 7, 1992 Planning Office memo,
specifically including a building envelope for the existing
residence on Lot 2 and a new residence and building envelope on
Lot 3 .
Attachments: "A" - Site Plan
"B" - Engineering Referral Memo
mendenhall.memo
•
5
•
PLA . & ONING COMMISS QN
•
EXHIBIT �� /� 'APPROVED \ ,
• -- ----
19 BY RESOLUTION
5 64452.00.E 119.93- \,
,. $ 47.JO.E -
47.57•
- 45.89 FORK RIVER
ROARIN�_
r; ........ .......... .....:...._.._...... iii/ i��/ - ''„ r \�
._--.._..____ /ice' /
i I,
—��..- - = j /%/, . ice &�
•
-10—WI '2//' 1 I :.,....„.•
.4. I-i• ...,.. a:magcaie410- ais35--A.-_,, y- ,,, * \ ,
0. Ilk
i6 • / 20.9 • �/" - i.k \
■
✓ / f/11 10.0 • w C n •
to
Ii�. A. 13.5 cfc 5 —
RA N }112
y STORY fy°115E �� �P
s5.5 •
tq.::' t DECK ?tai0 16.64' �
rN 63'58 53 M
K. .. 70 \ . \ .
)6,.
\ / ',.
W y \\
...„, • r ,.P I \ �' _ I\ ,
t / \ Pt 41• \ ..
\,,,, .s° r 5 FS'
`..°� Sir 3 ■
,/
e \I / is& c a` `\ p ÷�
a J
EP
\ /^��� y l 1.11.1''' •'
7
1. I •� -\/ � o I'
1 ig 1 r< 1 N\ .-
6 ` o
■ J••
1 - I
TCH I V _--L-
/ \ i __1-
1
RFD BUTTIt- DRIVE
• PLANNI•& ZONING COMMISSION
EXHIBIT /3" APPROVED : -
19 BY RESOLUTION
MEMORANDUM MAR 16 1992
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer (WC-
.
t
Date: March 16, 1992
Re: Mendenhall Stream Margin Review -
Having reviewed the above application, and having made a site. inspection, the
engineering Department has the following comments:
1. The applicant must make a statement on the permit set of drawings, indicating
there will be no disturbance of vegetation between the building envelope and the river.
2. The applicant is required to plant any regraded area inside the building envelope
with species keeping with the Roaring Fork Greenway Plan as well as existing plants in
the area.
3. The applicant is requested to grant a fisherman's easement for the river or stream
and for a width of five feet along the bank.
4. A construction site drainage plan and procedure should be considered prior to the
issuance of a demolition, excavation or building permit. The construction procedures
employed must be such that no runoff from rain or snowmelt be permitted to drain to
the river from contact with disturbed earth. The construction procedure used will in no
way impact the stream.
5. The engineering staff requests. that the applicant give consideration to maintaining
historic storm runoff; and maintaining any increased storm runoff on-site, preventing it
from entering the Roaring Fork River.
6. A prior review for these parcels had a condition that at the time of development of
lot three, driveway access for both lots must comply with Section 19-101 of the
Municipal Code. This condition still remains.
7. The applicant shall consult the City Parks Department and the City Engineering
Department for design considerations of development within public rights-of-way and
shall obtain permits for any work or development from the City Streets Department.
rt/caseload92.008
410 111
MESSAGE DISPLAY
TO KIM JOHNSON
From: George Robinson
Postmark: Mar 31, 92 6: 03 PM
Status: Certified
Subject: MENDENHALL STREAM MARGIN REVIEW
Message:
THE PARKS DEPT. WOULD LIKE TO REQUEST THE FOLLOWING:DEDICATION OF A
EASEMENT ALONG THE RIVERS EDGE APPROX. 5'-15'WIDTH FOR A FISHREMANS/
TRAIL,TO BE LOACATED WITH OWNER. ANY TREE REMOVAL APPLICATIONS. KEEP
ALL EXISTING & NEW CULVERTS (8"MIN. ) CLEAN & GOOD CONDITION, IN DITCH
AREAS.
X
• •
•
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
•
February 24, 1992
Mr. Sunny Vann
230 East Hopkins Avenue
Aspen, CO 81611
Re: Mendenhall Stream Margin Review
Case All-92
Dear Sunny:
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application before the Aspen Planning and
Zoning commission on Tuesday, April 7, 1992 , at 4 : 30 p.m. , in the
second floor meeting room of City Hall; and Aspen City Council on
Monday, April 27, 1992 at a meeting to begin at 5: 00 p.m. Should
these dates be inconvenient for you please contact me within 3
working days of the date of this letter. After that the agenda
dates will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting dates, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
All applications are now being scheduled for the Development Review
Committee (DRC) . The DRC is a committee of referral agencies which
meet with Planning and the applicant early in the process to
discuss the application. This case is scheduled for March 5, 1992
at 3 : 00 p.m. , City Hall, City Council Chambers.
If you have any questions, please call Kim Johnson the planner.
assigned to your case.
Sincerely,
Cindy Christensen
Administrative Assistant
• •
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Parks Department
FROM: Kim Johnson, Planning Office
RE: MENDENHALL STREAM MARGIN REVIEW
Parcel ID No. 2735-013-03-001
DATE: February 21, 1992
Attached for your review and comments is an application submitted by Sunny Vann, requesting
approval for a stream margin review.
The Design Review Committee (DRC) meeting is set for March 5, from 3:00 to 4:00 p.m.
Please return your comments to me no later than March 18, 1992.
Thank you.
•
•
• •
VANN ASSOCIATES
Planning Consultants I'''f
1
y FEB I 4 I99L
February 14, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Mendenhall Stream Margin Review Application
Dear Kim:
Please consider this letter an application for stream margin
review for two (2) parcels of land located at 1310 Red Butte
Drive in the City of Aspen (see Exhibit 1, Pre-Application
Conference Summary, attached hereto) . Vested property rights
status for the proposed site development plan is also request-
ed. The application is submitted pursuant to Section 7-504 of
the Aspen Land Use Regulations by Kiefer and Mary Elizabeth '
Mendenhall, the owners of the property (see Exhibit 2, Title
Commitment) . Permission for Vann Associates, Planning Consul-
tants, to represent the Applicants is attached as Exhibit 3 .
Project Site
The property in question consists of Lots 2 and 3 , Second
Amendment to Block 2, Red Butte Subdivision. Lot 2 contains
approximately thirty-four thousand and twenty (34,020) square
feet of land area, while Lot 3 contains approximately thirty-
seven thousand one hundred and thirty (37, 130) square feet.
Both lots are zoned R-30, Low-Density Residential, as is the
surrounding site area. While the lots conform to the minimum
lot area requirements of the R-30 zone district, it should be
noted that their northern boundary is located within the
Roaring Fork River, and that portions of the lots lie within
the one hundred (100) year flood plain.
As the accompanying topographic survey illustrates, the lots
are essentially flat, with the exception of an approximately
fifteen (15) foot embankment which separates the adjacent
flood plain from the remainder of the property. Existing man-
made improvements to the property are confined to Lot 2, and
are limited to a two (2) story, single-family residence with
230 East Hopkins Avenue•Aspen, Colorado 81611 •303/925-6958•Fax 303/920-9310
i •
Ms. Kim Johnson
February 14, 1992
Page 2
an attached garage. The residence is located at the rear of
the lot near the top of the embankment. Lot 2 also includes
a portion of an island located within the River, which is
accessed from the embankment via a small footbridge. Existing
vegetation consists primarily of numerous large cottonwoods
and spruce trees, the majority of which are located along the
embankment and on the island.
Proposed Development
The Applicants propose to construct a new single-family
residence on Lot 3 . While they presently have no development
plans for Lot 2 , they wish to obtain stream margin review
approval for a site specific development envelope on both
lots. Given the similarity of the two lots, and their common
ownership, I believe it is appropriate to address both lots in
a single application. This approach is not only less costly
for the Applicants, but less time consuming for everyone
involved.
The proposed envelopes and building footprints are depicted on
the Site Development Plan which accompanies this application.
As the plan illustrates, the proposed residence is located
well outside of the one hundred year flood plain, and all
setbacks meet or exceed the applicable requirements of the R-
30 zone district. Site disruption will be limited to the
excavation of the residence's foundation, and little or no
mature vegetation will be lost as a result of construction.
The building envelope for the existing residence has been
designed to accommodate the structure's existing footprint,
and to provide sufficient flexibility for the future redevel-
opment of the property. Proposed setbacks for the two lots,
and other relevant development parameters, are summarized in
Table 1 below.
Table 1
DEVELOPMENT DATA
1. Existing Zoning R-30, Residential
2 . Existing Site Area (Sq. Ft. )
Lot 2 34, 020
Land Under Water 5,780
Remainder 28,240
• •
Ms. Kim Johnson
February 14, 1992
Page 3
Lot 3 37, 130
Land Under Water 7,500
Remainder 29,630
3 . Minimum Required Lot Area (Sq. Ft. ) 30, 000
4. Minimum Required Building Setbacks (Feet)
Front Yard 25
Side Yards 10
Rear Yard 15
5. Proposed Building Setbacks (Feet)
Lot 2
Front Yard 25
Side Yards 10
Rear Yard 100
Lot 3
Front Yard 25
Side Yard 10
Rear Yard 80
6. Maximum Allowable Floor Area (Sq. Ft. )
Lot 2 5, 290
Lot 3 5, 380
1 Measured at the envelope' s closest point to the property
line.
2 All square footages are rounded to the nearest ten (10)
square feet.
The new residence to be constructed on Lot 3 will contain four
(4) bedrooms, four and one-half (4-1/2) baths, and approxi-
mately thirty-eight hundred (3 , 800) square feet of floor area.
On-site parking for two (2) cars will be provided in the
residence's garage. Parking for two (2) additional cars will
be provided on the garage apron. As the Site Development Plan
illustrates, a small portion of the structure will be cantile-
vered over the embankment. No mature vegetation, however,
will be removed from the embankment, and no foundations will
411
Ms. Kim Johnson
February 14, 1992
Page 4
be located thereon. The foundation for the house will be
setback approximately three (3) to four (4) feet from the top
of the slope to ensure structural integrity, and to preserve
the embankment in its native condition.
The proposed single-family residence is exempt from growth
management pursuant to Section 8-104.A. 1.c. of the Regulations
subject to the mitigation of affordable housing impacts. The
Applicants will satisfy the affordable housing requirements of
Ordinance No. 90-1 by deed restricting the residence to the
Housing Authority's resident occupancy guidelines, as provided
for in Section 8-104 .A. 1.c. (1) . The deed restriction will be
submitted for review and recordation prior to the issuance of
a building permit for the new residence.
Review Requirements
Pursuant to Section 7-504 of the Aspen Land Use Regulations,
all development within one hundred (100) feet of the high
water line of the Roaring Fork River, or within the one
hundred (100) year flood plain, is subject to stream margin
review. As both the existing and proposed residences are lo-
cated within one hundred feet of the . River, review and
approval pursuant to the City's stream margin regulations is
required. The specific review criteria, and the proposed site
development plan's compliance therewith, are outlined below.
1. "It can be demonstrated that any proposed development
which is in the Special Flood Hazard Area will not in-
crease the base flood elevation on the parcel proposed
for development."
This review criteria is not applicable as both the existing
and proposed residences are located outside of the one hundred
year flood plain.
2. "Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks/Recreation/Open Space/Trails
plan map is dedicated for public use."
According to the recently adopted Pedestrian Walkway and
Bikeway System Plan, no trail has been designated across the
parcel.
3. "The recommendations of the Roaring Fork Greenway Plan
are implemented in the proposed plan for development to
the greatest extent practicable."
• •
Ms. Kim Johnson
February 14, 1992
Page 5
The Roaring Fork Greenway Plan contains no site specific
recommendations with respect to the Applicants' property. The
proposed residence, however, will have no significant effect
on the property's existing river front vegetation nor will the
natural appearance of the River be impacted in any foreseeable
manner. While some vegetation will have to be removed to
accommodate the proposed building footprint, loss of. vegeta-
tion will be mitigated by additional landscaping to be
installed in connection with the construction of the resi-
dence. Several small cottonwoods will be transplanted from
within the envelope to other areas of the property.
It should be noted that a permit is required for the removal
of any tree with a trunk diameter in excess of six (6) inches.
While no such trees are presently proposed for removal or
relocation, appropriate permits will be obtained in the event
required. As discussed previously, the majority of the
property's existing mature vegetation is located below the top
of the embankment and adjacent to the River.
4. ',No vegetation is removed or slope grade changes made
that produce erosion and sedimentation of the stream
bank."
No vegetation will be removed nor any slope regraded such that
the River would be adversely affected.
5. "To the greatest extent practicable, the proposed devel-
opment reduces pollution and interference with the
natural changes of the river, stream or other tributary."
The proposed residence will have no adverse effect upon the
natural changes normally experienced by the Roaring Fork
River. All disturbed areas will be revegetated to preclude
erosion and appropriate safeguards will be utilized to prevent
pollution of the River during construction.
6. "Written notice is given to the Colorado Water Conserva-
tion Board prior to any alteration or relocation of a
water course, and a copy of said notice is submitted to
the Federal Emergency Management Agency."
No alteration or relocation of the existing water course will
be required.
7. "A guarantee is provided in the event a water course is
altered or relocated, that applies to the developer and
his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished."
• i
Ms. Kim Johnson
February 14, 1992
Page 6
This review criteria is not applicable as no alterations to
the River are proposed by the Applicants.
8. "Copies are provided of all necessary federal and state
permits relating to work within the one hundred (100)
year floodplain."
No federal or state permits are required as no construction is
proposed within the one hundred (100) year flood plain.
Summary
Based on the above, I believe that the proposed building
envelopes comply with the intent and requirements of Section
7-504 of the Land Use Regulations and, consequently, will have
no adverse effect upon either the Roaring Fork River or the
general public. The Applicants, therefore, respectfully
request stream margin approval for the proposed building
envelopes as depicted on the accompanying Site Development
Plan.
Should you have any questions, or require additional informa-
tion, please do not hesitate to call.
Sincerely,
VANN SOCIATES
Sunny Van AICP
SV:cwv
Attachments
cc: Kiefer Mendenhall
• •
CITY OF ASPEN
PRE-AP LCATION CONFERENCE SUMMARY EXHIBIT 1
PROJECT: nV.(/14(X7'1 k .1k I i rE))/)r) / e CJ
} t
1
APPLICANT'S REPRESENTATIVE: --�� 1l" \ �(,� �'1 !%i
REPRESENTATIVE'S PHONE:5 (09 ./..5
OWNER'S NAME: 'L) Y\
Y � '�-I \l/ 0-'1/L1rN
1
SUMMARY
1. Type of Application:rr nmoira,t4 t-0• 0 /
2. Describe action/type of development being requested:
L
J .v /) /ki.-) u „../t„--,,,,,---,(-1..N.R...._..t,c,tt ,,,-, ,,-- ..c. A 11 .. Y-.9a. ... rj ) ,, 0. ,//_7-\ , L-V”.
3. Areas is which" Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
I ...A '_.� _ —
'i.— —
4 . Review is (j&Z Only) (CC Only) (P&Z then to CC)
5. Public Hearing: , '(YES (NO)
:2)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit: r)-f (C - 7Q
8. Anticipated date of submission:
9. CO ENT,S•/U IQUE CON ERNS: (;\-k1/4) Cs-0-;=A -t-- (`� v"1'U i) ) -L-
frm.pre_app
• EXHIBIT 2
.Americari Land Title Association Commitment-tied 10/7g...---■
— — 4.!� ? .� S!.- ,�i. Ste-. S�7 5..� e�� c_a' e a� 5 4� sY2 5-►� _C�'? .S♦� .. _ S'-' r.
e e♦ F4 e♦' ♦ ♦ 'e a♦Ke :♦ ♦ r♦ a s♦ ♦. - w s♦ ♦ ♦♦ v♦ a .' 1•�•_
',ft,'„ COMMITMENT FOR TITLE INSURANCE i: %i
ISSUED BY
• K
�' / STEWART TILE } i
1.0
�
..;4• 1,:A GUARANTY COMPANY
1
C ":)).
•:#• A 0)-),)1 s"' ti3'°' 9 $III
O�M
e'
CifiFt STEWART TITLE GUARANTY COMPANY A Texas�Corporation, herein called the Company, for
41r" valuable consideration hereby commits to issue its policy or policies of title insurance, as identified in I•� .)
DTs Schedule A, in favor of the proposed Insured a necl in§Schedule A, •s owner or mortgagee of the estate �';;
or interest covered hereby in the lan• desc be a erred two. in chedule A, upon payment of the 1
O� `�) premiums and charges therefor;allsub�l,y® a•ro Aston 0.t*he•tiles A and B and to the Conditions !, R
p�1 and Stipulations hereof. . c<` ' $ 0. ����
n
Pj I)� p . ,, �, fir- �
"' This Commitment shall be effective 1 o 1 e proposed Insured and the amount ,�,�)
k�,�)� e
of the policy or policies committed Qr��se -_ _ � � •• c -.chedule A hereof by the Company,
/� I�; either at the time of the issuance of +i ;::Ca fl gut 'i to 12 : ,• .uent endorsement. (1'..64.'9
(i. v > yt
lt-
w r,;
it • This Commitment is preliminary to ‘ssuanceLof,su 4,,,,,..,..,1.1,..: or policies of title insurance and all 0
r �
0• ;'% liability and obligations hereunder ; i4 $ nd termer ih months after the effective date hereof �:
i �l or when the policy or policies com t. aY 4,20 or shall i wit t ichever first occurs, provided that the (I: .
x t e,,C mpany. This Commitment shall not be {#1
C.,:�;� failure to issue such policy or police o a ''
V valid or binding until countersigned b -n 1 h r . b` Co Toy agent. ,•�•
to:„')), p r A .. 6,A.;��
_�) IN WITNESS WHEREOF, the Coma I se I , Commitment to be signed and sealed, to r�ti
become valid when countersigned by a honzed officer or agent of the Company, all in accordance g .i_
.•'$1 with its By-Laws.This Commitment is ectweasof the date shown in Schedule A as"Effective Date." •'�
V•: STEWART TITLE • ,i
s r.
h
•h I)• G1�*U�Al$A,TY COD[PANYs
sit .. Arm. e.,,ILE Gii �{ , <Or: , ��l
k'e�
Chairman of the Boar. A 3;,t lirwgTF < President �e
ir ' Countersigned by A~i:, 1 9 0 8 0 . o,
/'4 .i) .*. d ., • +',
lbw ; �*�pT .„
V;
tfXPS • 4)
u aqi I F
- l
' i Authorized Signatory '',A.; *P'. ;
4131 Sunrriiy of ('olili•ac t 4. 3
a
r�
A Ci *�a,
lh
it 1
( ��: v _: Serial No. 261883 r
C-1601-
165
•
•
SCHEDULE A
ORDER NUMBER: 00018886
1 . EFFECTIVE DATE: January 06, 1992 AT 8: 00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER 'S POLICY $
PROPOSED INSURED:
B. ALTA LOAN POLICY $ 50, 000. 00
PROPOSED INSURED: CHASE MANHATTAN
FINANCIAL SERVICES, INC.. AND/OR
IT'S SUCCESSORS AND ASSIGNS
C. ALTA LOAN POLICY $ 500, 000. 00
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
KIEFER MENDENHALL AND MARY ELIZABETH MENDENHALL
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lots 2 and 3, according to the Plat of the SECOND AMENDMENT TO
BLOCK 2, RED BUTTE SUBDIVISION, recorded December 6, 1991 in
Plat Book 27 at Page 83 as Reception No. 339256.
County of Pitkin, State of Colorado
MORTGAGEE: $ 407. 00
MORTGAGEE: $ 1,123.50
TAX CERT. $ 10. 00
FORM 110. 7 $ 25. 00
STEWART TITLE OF
ASPEN, INC.
602 E. HYMAN
A THORI ED GNATURE ASPEN, COLORADO 81611
303 925-3577
FAX 303-925-1384
STEWART TITLE
GUARANTY COMPANY
• •
SCHEDULE B - SECTION 1
ORDER NUMBER: 00018886
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1 . Release of Deed of Trust dated September 30, 1975, executed by
Kiefer Mendenhall and Mary E. Mendenhall, to the Public Trustee
of Pitkin County, to secure an indebtedness of $75, 000. 00, in
favor of Aspen Savings and Loan Association, recorded September
30, 1975 in Book 303 at Page 625 as Reception No. 178132.
2. Deed of Trust from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
STEWART TITLE
GUARANTY COMPANY
nn r
•
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00018886
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1 . RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, 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. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded in Book 55 at Page 5.
10. Terms, conditions and obligations of Protective Covenants of Red
Butte Subdivision recorded September 23, 1960 in Book 191 at
Page 598, and Addendum and Amendment to Protective Covenants
recorded June 21, 1979 in Book 371 at Page 116 as Reception No.
215592 and amendments thereto recorded August 15, 1980 in Book
393 at Page 200 and 202 as Reception No. 226004 and recorded
August 18, 1981 in Book 412 at Page 638, and recorded October
30, 1981 in Book 416 at Page 695 and recorded February 13, 1986
in Book 505 at Page 360 as Reception No. 275604 and recorded
February 24, 1986 in Book 505 at Page 967 as Reception No.
275844 and recorded March 30, 1986 in Book 507 at Page 594 as
Reception No. 276636.
11 . This policy does not insure title to land comprising the shores
or bottoms of rivers and is subject to any build up or loss of
property along Roaring Fork River, caused by the processes of
Continued on next PaS9TEWART TITLE
GUARANTY COMPANY
nor
•
•
II!
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018886
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the
water of said river.
12. Easements and conditions set forth on the Plat for Red Butte
Subdivision recorded March 18, 1963 in Ditch Book 2A at Page 288
as Reception No. 115085, and on First Amendment to Block 2
recorded August 15, 1991 in Plat Book 27 at Page 25 as Reception
No. 335584, and on the Second Amendment to Block 2 recorded
December 6, 1991 in Plat Book 27 at Page 83 as Reception No.
339256.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1990 Policy
form. Copies of the 1990 form Policy Jacket, setting forth said
terms, conditions and exclusions, will be made available upon
request.
•
STEWART TITLE
GUARANTY COMPANY
•
EXHIBIT 3
February 10, 1992
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Planning Consultants, to represent us in
the processing of our application for stream margin review
approval for our property which is located at 1310 Red Butte
Drive in the City of Aspen. Mr. Vann is hereby authorized
to act on our behalf with respect to all matters reasonably
pertaining to the aforementioned application.
Should you have any questions, or if we can be of any
further assistance, please do not hesitate to call.
Sincerely,
Keefe Mendenhal
ThCtAki htuAri Giezu&eL
Mary El'izabet Mendenhall
P.O. Box 191
Aspen, CO 81612
(303) 925-7454
SV:cwv
'-�-__
- - - 1< 213
Pitkin 05/18/92 13: 20 Rec $15. 0` $ 00
Silv��'��avis, Pitkin Cnty_ Clerk , `� 678
- -- -------' --���--- --r-`
)1892 05/18/92 13: 20 Rec $ 00 BF' 678 PG 211
Silvia Davis, Pitkin Cnty Clerk , Doc $.00
. Reception No2
..... 9 2134 Loretta..Bannee Recorder.
. .,
• ,.
Kiefer Mendenhall and Mary E. ,
Mendenhall as Joint Tenants soax387 ma.800
whose address is
Box 191 , Aspen ,
County of Pitkin , and State of STATE ETfllikEENTARY FEE
Colorado , for the consideration of Ten Dollars and APR 16 1980
other good and valuable cons i*,,Ron,
11) nand paid, i * 0 ----
hereby sell(s) and quit, claim(s) to Kiefer Mendenhall and .
Mary Elizabeth Mendenhall as Tenants in Common . - •
whose address is Box 191 , Aspen ,
County of Pi tkin , and State of Colorado , the following real
property, in the County of Pitkin , and State of Colorado, to wit:
. '
- -
. Lots ,_,2 and 3 , Block 2 ...
Red Butte Subdivision
Pitkin County, Colorado ,
LeSL- -----
. ■L.s .s c:_,....h., ,A ac,-...cc) (--(eiLeS) .5......;,_ °in, k- Jr- ■s
(-Ls j-- \I. . ..-1-4- 1/4-.-.) jvC.z.
1 s f...n Cve..v..rc■ic," 0-2.,..—■
g—S
. CL.S__S ft ...A 4.4J.41,...A.s. --k-4D
, . (.1...S a s •-(--42.,..o.......,L Li,. C....dw.%.*., p.n.
also knowia as street and number 1310 Red Butte Drive .
with all its appurtenances
Signed this =,v4)--- day of February , 19 0
Lo_c_Qi .
• ... • '
.... .. :g.h..
Kiefer Mendenhall
‘fh Utit . MeAufrydua.Q...,
ary E. Mendenhall
STATE OF COLORADO,
• ss.
County of Pitkin }
The foregoing instrument was acknowledged before me this
day of February , 1980 , by Kiefer Mendenhall and Mary E.
Mendenhall .
My commission expires os.A.dy /2., ./91v.
la...44..
Witness my hand and o icial seal
,-• , , /!—) .
- •• • ogelis....e A ,.....„...e.g.4....„
. ,-,. .' Notary Public.
• . '
„ . . .
r. :.7'• .
.. -•• '•
• ,. • . . N. ‘•
•. f
•
No. 898. %QUIT.CL'Afii DEED—Short form —Bradford Publishing Co..1324-46 Stout Street, Denver. Colorado —4-77
..
Ir.. ) ' _ .