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Home My WebLink AboutLand Use Case.1095 Ute Ave.26A-86l095 [lle k-Je -HOAG 8040 GREENLINE REVIEW - -. ~ 2737-182-68-002 26A-86 i 20/~, 041/3= 6. CLI 588 1 *67- + li f 1 '-,j h R i - U. 4-1 . lk-_ .9 .241 LAS ELOAD SUMMARY SH EET City of Aspen . 3131-15-6r-Col- DATE RECE IVED 1602/2 71 :11 1 v LazE NO. 264-#64 DATE RECE IV ED Â£OMPLETE : STAFF- <4 3 PROJ ECT NAME: <Horia *10 6/26/11/0 6 femu) Ilor R APPL ICANT: C~.-~ n ~~AÂ·'(/'~ lb<75 Ute AWL Applicant Addresilf#Aqne: REPRESENTATIVE: 4-b Aln 41# H Volul C Representative Ad~ress/P~ne 4 Ill ~79)\11-t ,&3 gui) <Co Ylbll 5-ia/6 Ty pe of A ppl i cation: I. GMP/Subdivision/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,640.00 3. Final Plat 6 820.00 II. Subdivision/PUD 1. Conceptual Submi ssion 14 $1,900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 III. All "Two Step" Applications 11 $1,490.00 IV. All "One Step" Applications ~ 5 $ 680.00 5~)EC 146 V. Referral Fees - Environmental 1-7 Health, Housing Office 1. Minor Applications 2 $ 50.00 2. Major Applications 5 $ 125.00 Referral Fees- Engineering Minor Applications 80.00 Major Applications 200.00 I .+ 9:'.-,4 '/ i- I. t &U'/ i . .. P&Z CC MEETING DATE: rÂ»' b< PU B L IC H EAR ING : YES dEb -- 7,/4. DATE REFERRED: INIT IALS: 23~ tr REFERRALS: \,< City Atty ___ Aspen Consol. S.D. . School District v City Engineer ___ Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. ___ Parks Dept. - State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric StateHwy Dept (Gr.Jtn) City Electric ___ Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. - Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center AIRID< 1 FINAL ROUTING: DATE ROUTED: &1/3/j -' INITIAL: 9-'I- ) 1 j ' 9 - City Atty City Engineer 4 Building Dept. Oth er: Oth er: FILE STATUS AND LOCATION: i?I*u,42 6, 9011-ICINÂ© ON Reviewed by: ff- AÂ®ed -"PL~-D City Council H:vi LÂ·.t'l 3090 5.'-aÂ·r>Â·,4 p.,0'44, i. A i.' .i ~ 2 5 , 1 Â¢ Sh . 1, 9 6.-2 8,->,0.aci. a"Â·:aN i.Â£ 8 Olt Of'Â·2U.'c& .~;9.22(,Â¥t i L .., 7Â·,t; icl ut,Â·)".uÂ· ti 2.Â·1 j {Mt I /'.- , 0 0 t: A ./alÂ» ~ Reviewed By: Aspen PLZ - City Council .. MEMORANDUM Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Hoag Lot 2 8040 Greenline Review Parcel ID# 2737-182-68-002 DATE: July 29, 1986 ZONING: R-15 (PUD). LOCATION: 1095 Ute Avenue, Lot 2. Hoag Subdivision, City of Aspen. LOT SIZ E: 18,366 sq. ft. APPLICANT'S REQUEST: The applicant, I.G. Davis, Jr. requests Greenline Review approval to enclose the second floor decks of the residence at 1095 Ute Avenue. APPLICABLE SECTION OF THE MUNICIPAL CODE: The review criteria for the 8040 Greenline Review is stated in Section 24-6.2(b) attached. PROBLEM DISCUSSION: A. Engineering Department Comments - In a July 14, 1986 memorandum from Jim Gibbard it is stated that none of the 8040 criteria necessitated Engineering Department concern and comment. B. Planning Office Comments - The proposed enclosure of deck is development subject to review with regard to review criteria (9) "the reduction of building height and bulk to maintain the open character of the mountain." As there is no increase in the footprint of the structure we agree with the Engineering Department that none of the environmental criteria are applicable. It is our opinion that the increase in bulk resulting from the deck enclosure has very minor and negligible impacts in terms of the perceived intrusion of the structure into the open character of Aspen Mountain. RECOMMENDED MOTION: "Move to approve the 8040 Greenline Review for the requested enclosure of decks at 1095 Ute Avenue." SB.729 f JOHN THOMAS KELLY ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE (303) 925-1216 June 26, 1986 Aspen/Pitkin Planning Department Aspen Planning and Zoning Commission Re: 8040 Greenline Review Addition to residence Lot 2, Hoag Subdivision Ladies and Gentlemen: I represent I.G. Davis, Jr. who is the contract purchaser of Lot 2, Hoag Subdivision which lies within 50 yards of the 8040 Line. A copy of the purchase contract is attached. As you will note in paragraph 3 of the addendum to the contract, the purchase is contingent upon Mr. Davis receiving approval for an addition to the residence of approximately 600 square feet in the form of the enclosure of decks off the main bedroom and living room. Consultation with Steve Burstein of the Planning Office has indicated that it is Planning's position that the proposed addition constitutes "development" under the code and that a review pursuant to Sec. 24-6.2 of the code is necessary. With regard to such review, I would advise the Commission as follows: 1. Addition: The existing residence is 3,098 square feet. The lot is zoned R-15 and has an allowable F.A.R. of 4,709. With the addition, the square footage would be increased by 557 square feet to a total of 3,655 square feet - well below the 4,709 permitted for this lot. The entire addition would be within the existing building footprint and under the existing roofline. The addition requires no extension of the roofline or building outside the existing footprint. Enclosed is a photo of the residence as it exists today and also the architect's rendering showing the house after the proposed addition, stating the relevant project data. Complete plans have been submitted to the Building Department for their review and preliminary meetings have indicated no problems with the building code. Aspen/Pitkin Planning Department Aspen Planning and Zoning Commission June 26, 1986 Page 2 2. Review: Section 24-6.2 sets forth nine review criteria. In my view, and I believe Steve Burstein concurs, is that the only applicable criterium is number 6 which deals with the design and location of the structures. Location should not be a problem as the addition is entirely within the existing building footprint and under the existing roofline. With regard to design, we believe the addition enhances the visual effect of the building. In any event, the visual impact is extremely minimal, as a comparison between the photograph and architect's drawing indicates. This is particularly true in view of the fact that the lot is heavily wooded and the view of the westerly half of the house is blocked by large pine trees. As stated above, the proposed addition would still leave the house more than 1000 square feet below the allowable F.A.R. The impact of the addition, based on the review criteria of Section 24-6.2 of the code, is virtually nil. Since none of the stated principles or criteria upon which the 8040 Greenline Review is based would be violated, we would respectfully request approval for the addition. Please contact me with any questions or comments. Per you request, I have also included a copy of the title commitment and my Power of Attorney from Mr. Davis. Very truly yours, JTK/og ~ 56hn Thomas Kelly Enclosures cc: I.G. Davis, Jr. Roger Kerr . MEMORANDUM TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department DATE: July 14, 1986 RE: Hoag 8040 Greenline Review Parcel ID#32737-182-68-002 The Engineering Department has reviewed the submitted application and has decided that none of the criteria of the 8040 Greenline Review which would necessitate our recommendation is applicable to this project. jg/hoag8040 cc: Jay Hammond MEMORANDUM TO: City Attorney City Engineer FROM: Janet Lynn Raczak, Planning Office RE: Hoag 8040 Greenline Review Parcel ID#32737-182-68-002 DATE: July R. 1986 Attached for your review is an application submitted by John Kelly on behalf of his client I.G. Davis, requesting 8040 Greenline Review approval for the construction of an 557 square foot addition to an existing 3,098 square foot residence on Lot 2, Hoag Subdivision. FACTS/HISTORY: The applicant I.G. Davisr Jr., has signed a contact to buy real estate from Thomas P. Tatham, for the purchase of Lot 2 Hoag Subdivi.sion. The purchase and sales agreement is contingent upon obtaining successful 8040 greenline review by the Aspen Planning and Zoning Commission. They are on the agenda for an 8040 review on August 5th. In the event the applicant does not receive approvalr the Contract shall be deemed null and void (at Mr. Davis' option). No date has been set as a deadline for obtaining such approval. The following is the Code section which applies to this case: "24-6.2 8040 Greenline Review (a) Intention. To provide for review of all develop- ment above the 8040 greenline within the City of Aspen and all development fifty (50) yards below the 8040 greenline so as to aid in the transition of development from urban uses to the adjacent agricultural and forestry uses; to insure that all development is compatible with the prevailing slopes; to provide for the least disturbance to the terrain and other natural land features of the area; to guarantee availability of utilities and adequate access; to reduce the impact of development on surface runoff, the natural watershed, and air Pollution; to avoid losses due to avalanches, unstable slopes, rock fall and mud slides; and to enhance the natural mountain setting. (b) Review Criteria. In reviewing the development plan, the zoning commission shall consider the follcwing: ( 1) Whether there exists sufficient water pressure and other utilities to service the intended develop- ment; ( 2) The existence of adequate roads to insure fire protection, snow removal and road maintenance; (3) The suitability of the site for development considering the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers; (4) The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution; (5) The possible effects on air quality in the area and city wide; (6) The design and location of any proposed structure,. roads, driveways or trails and their compatibility with the terrain; (7) Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land features; (8) The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; ( 9) The reduction of building height and bulk to maintain the open character of the mountain. " The only review criteria which appear to apply in this case are 24-6.2(b)(6) and (9) above. After a brief review of the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Element, it does not appear that any trails have been proposed on the parcel in question, although a trail runs just behind this parcel. The Building Department should check the FAR calculations provided by the applicant. The Planning Office should determine is the building height and bulk has made and attempt to maintain the open character of the mountain. PLANNING OFFICE GOALS: After only a preliminary review of this application, it appears that the applicant's request can be granted. Please note that this is only a preliminary review and it is necessary for you to complete your referral comments and return them to Steve Burstein of the Planning Office no later than July 22, 1986. Â£ PEN/PITKIN PLANNING OFFICL 130 S. Galena Street Aspen, Colorado 81611 (303) 925-2020 /1 JOH,3 KELLy i E-1, 117 s. 5Frirlo E-/ L ! J A,-spg,1 00 RE : 90&* â‚¬040 OrtÂ£,9 li llc Dear SAM This is to inform you that the Planning Office has completed its preliminary review of your Â®090 6Ywn IN L. application for complete- ness. We have determined that your application is complete. is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed) . - Adjacent property owners list (one copy only needed) . Additional copies of entire application. Â¢ Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ is due. A. Since your application is complete, we have scheduled it for review by the pir-L On .Â£1.Â£.Â£-C.Â£64.16, 5- 0 We will be calling you if we need any additiondl information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review_memorandum available to you. Please note that it Clp,ICI~~~~~EP your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call -3Â¢Aht/--- , who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN/PITKIN PLANNING OFFICE /-Â»Â»flk- tar QI---> (Alan Richman, Planning and Development Director AR:jlr 0 40 171 ASPEN OFFICE Thi printed portion, of thi,form approved by the ~ 9 514 E Hyman Colorado Real Eitate Commission (SC 20-2-81) Aspe# Ca 81611 (303) 925Â·7000 | THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. ~ SNOWMASS OFFICE 1 Snowmai Mall ~ P 0. Box 5039 Snowmass Villag< Co. 81615 ' RESIDENTIAL (303) 923-3020 n CARBONDALE OFFICE ~ 1 0 P.O. Box 1284 CONTRACT TO BUY AND SELL REAL ESTATE 1--1 711 Main (Seller's remedy limited to Liquidated Damages) Carbondale, Co. 81623 ; (303) 963-3300 , June 7 , 19 36 M85[In B M0R88 INCORPORATED ~' t. The undersi:ned agrnt hereby acknowledges ha, ing received from 1.G. Davis Jr. t.hesumof $.__ _ _ _ , in the form of personal check , to be held by Carol Ann Jacobson Rially ' * broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real ,i estate in the County of Pitkin , Colorado, to wit: 1 i 31 Lot 2, Hoag Subdivision Pitkin County, Colorado i ' together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as . 1 hereinafter provided,in their present condition, ordinary wear and tear excepted,known as No. 1095 1 Ute Avenue , and hereinafter called the Property. (Street Addreaa. City, Zip) 2. Subject to the provisions of paragraph 17, the undersigned person(s) I.G. Davis Jr. i 0*UM /444/14114414 liUJ/44 ; hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owneiÂ·(s), hereinafter called ' Seller, hereby agrees to sell the Property upon the terms and conditions stated herein, i 3. The purchase price shall be U.S. $ , payable as follows: $. -___. nereby receipted for; 1 1 An additional earnest money payable within five (5) days of satisfaction of contingency regarding building permit described on addendum attached hereto, and the balance of payable in cash or certified fdnds at closing. 11 4. Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating, and central air conditioning fixtures; attached TV antenÂ·ras and/or water softener (if owned by Seller); all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drapery rods, i attached mirrors, linoleum, floor tile, awnings, fireplace screen and grate, built-in kitche~ alÂ»,lianees, wall-to-wa~l : carpeting all furnishings as shown on June 7, 1986. /bven;<gr.,. O, >04,Â·=A/*4,FÂ·,:~r )9 60 aff row *1 61 Â£47 e- 4 1.1/0 t- 41 116 0-Â« all in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in i paragraph ll; provided, however, that the following fixtures of a permanent nature are excluded from this sale: - i None 1 Personal property shall be conveyed by bill of sale. ~ 4 81 + 144 trk#+T 14*/+t+Atti~14Â¥44.FAWcH+1 *1+14+41#MdÂ·1414# tillildJrlillittlluull& (1 , apply for sloan, (b) execute all documents and furnish all information and documents required btender, and I 1 (e) pay the customastsÂ°fobtaining such loan. Then if such loan is not approved on or btfor- 1 1 't 19__,orifso approved buth.H~Uv ailable at time of closing,this contract shallbeand void and all payments and I - I things of value received hereunder snhiUx~eturned to Purchaser. - 6. H a note and trust deed or motÂ·tgageisbe assunied,Ptrfeaser agrees to apply for a loan assumption if ~ ~ required and agrees to pay (1) a loan transfer fee notqf~~ and (2) an interest rate $ , not to exceed % per ann<ulÂ»Afrhe loan to be asroÂ·14&~has provisions for a sha-red equity or variable I ~ interest rates or variable payme11t,*0'tlEs-contract is conditioned upon A'rrhai;er reviewing and consenting to such i ; provisions. If the letwEÂ»-Â¢â‚¬7{"sent to a loan assumption is required, this contracCNe*Â«!11~:4d upon obtaining such < i consent witjlgll.WITAge in the terms and conditions of such loan except as hetÂ·ein piÂ·ovided. Â«- 1-tfa-hote is to be made payable to Seller as partial or full pay ment of t he pulÂ·chase p ,Â·ice, thisc:ontrt,c~sh all not \ 44#*00*111%014*1*Â·/4NqUUÂ·AilliktaLÂ¢1111. No. SC-20-2-81. Contract to Buy and Sell Real Estate (Reâ€¢idential),- Bradford I'lll,lishing Co., 1, N t 5825 W. 1;th Ave.,La kiÂ· wood, Col,irailâ€ž 8021.1-(303)233Â·6900 - 9-11 1 .. : - At 1.Â¥,? *f Â·Â· 7 57 + .. il h f 4, 1 A' ' d*L... tâ€¢ ' Â¥ 16Â· 4 +U4 4*Â·l:AitÂ·thÂ·Â·t\Kt,lib# J *444,14 ki l,q *likbtÂ·A hlt i fb# *4,# 141\; 44 4+t H 9Â· AM/ftl*ty #Mly'/*trit\Ull.tiff Fir A curtÂ·ent conunitment for title in:gurance policy iii tin amount equal to the purchase pnce, lit Seth.q ,, 1,+Surift,4ense, Shall be furnished tti I'lli'ChastÂ·r on wÂ· 1,i,fure June 20 , 19_86. \1 #111Â·Ull,jit,At Ar**l *All *Al billÂ·ldelÂ· 1Â· 44+44441, seue r will deliver the title insuraneepolicy to Purchaser after el(}sing and pay the premium thereon. 1(). The date of ciosing shall htÂ· the <late for debvery of deed us provided in p.11Â·agraph 1 L The hour alid place of clusingxhall beasdesignated by --Caro-1.--Ann _Jacobion-______-__- ._. __...____.___ 11. Title shall be merchantable in Seller, except as stated in t his paragraph and in paragraphs 12 ami 13. Subject to payment or tender as above provided and compliance by Purchaser with the other te!Â·m:, ami pn,visions hereof, Seller shall execute and deliver a good and sufficient ___--general-__ will'iÂ·anty deed to Putchaser Oil sep. addpnrinin , 19 -, or, by mutual agre 2 ment, at ati eal tierÂ· date, conveying t he Property free and elear o fal! taxes, except thegeneral taxes forthe yearof closimr,url (1 except ...._ fICIne __ _.... _ _. -___-_._.____...,, free and clear of all liens for special im proveme nts i nstalled as of the date of Purehaber'S signature hereon, whether assessed or not; free and clear of all liens and eneumbrances except none except recorded and/or apparent easements for telephone, electricity, water, sanitary sewer, and easements for those which do not affect marketability of title except the following restrictive covenants which do not contain a right of reverter: those which do not affect marketability of title ~ and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13, iftitie is not merchantaide and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, SelletÂ· shall use reasonable effort to correct said defeet(s) prior to date of closing. If Seller is unable to conÂ·ect snid defect(s) on 01Â· before date of closing, at Seiler's option and upon written notice to PulÂ·ch:,ser or Pulchaser's :lgent on (,IÂ· before date of Clt)sing, the ' dateof closingshallbeextendedthirtydays forthepurposeof correctingsaiddefect(s).Exceptasstatedinparagraph '| 1 3, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract s ha! I lie void and of no effect and each patÂ·ty hereto shall be released from all obligations hereunder and all payments and I things of value received hereunder shall be returned to Purchaser. I 13. Any encumbrance required to be paid may be paid at the tinw of settlement from the proceeds of this fi transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void anci of no effect and each paiÂ·ty '. 11 " hereto shall be released froni all obligations hereunder ancl all payments and things of value received hereunder shall be returned to Purehaser. 14. General taxes for the yeatÂ·of closing, based on the most recent levy and the most recent assessment, prepaid 2 rents, water rents, sewer rents, Fl-lA nloiÂ·tgageinsurancepreiniumsundintiÂ·restoneticti,111,iÂ·riiices, ifirny,:ind _-- ' homeown-ers_- Or other__5 Pec i.a l__a-s ses smen ts ____-_ Sil :111 be apportioned te (! ate t, fulelive ry of deed. 1 , 15. Possession of the Property shallbedelivered to Purchaseron ClOSing , subject to the following leases or tenancies: none If Seller fails to deliver possession onthedate herein specified, Sellershall besubject toeviction andshallbe liable for d a daily rental of $ 500.00 u n ti 1 pos se ssion is delivered. 1 ! 16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of'the total purchase price, Seller shall be obligated to repair the same before the date ~ herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the ,, damages exceed such sum, this contract may be terminated at the option of Purchaser and :111 payments and things of value received hereunder shall be returned tu Putehaser. Sholild Purchaser elect to canÂ·y out this contract despite ! such damage, Purchaser shall be entitled to all the credit for the insurance proceeds restilting frum such damage, not ~ exceeding, however,.the total purehase price. Should any fixtures orÂ· services fail between the date i,f this contract I and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the " I repair or replacement of such fixtures or services with a unit cif 33'nilar size, age and quality, or an equivalent elÂ·l,dit, 17. Tinieisoftheessence hereof.lf any note orreheck received :ts rillÂ· ne>it !]ll,liey here under 4, rany i itl le t' paymc.Â· 11 t E ~ due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as ,, i herein provided, there shall be the following !Â·emedies: (a) IF PURCHASER IS IN I)EFAULT, then all payment; and thing: of value received hereunder shall be forfeited by Purchaser und retained On behalf of HelletÂ· und Loth parties shall thereafter be releil,hUd from illl ,! I obligations hereunder. It i.s agreed that such payments Lind things of value 511Â·lâ€¢ 1,1(jllit)Al'ICI) DAMAGES and ' (except as provided in subparagraph (e)) are the SELLER'S SOLE AND ONLY REMEI)Y for the Purchaber'b h failure to perform the obligations of this contract. Seller expressly witives the remedies c,f specific performance ~ ~ and additional damages. 4 f 1 (b) IF SELLER IS IN DEFAULT, i 1) Purchaser mayeleet to treat this contract as terminated, in whichease ~I all payments and things of value received hereunder shall be returned to Purchaser amil'iliÂ·chaser may recover I such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect | and Purchaser shall have the right to an action fatÂ· specific per formance or damages, 01Â· both. , (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of thia ~ contract, the court may award to the prevailing party illl reasonable costs and expense, including attorneys' fees. 1 18. Purchaser and Seller agree that, in the event of any controversy regarding theearnest money held by brokerÂ·, 1 unless mutual written instruction is received by broker,broker shall not he required ti, talw any action but may await i any proceeding, or at broker's option and discretion, may intetÂ·plead atty moneys or things of value into courtand may Â£ recover court costs and reasonable attorneys' fees. I i 1 9'r * ' -7 t_ -41 p 4 19. Additional provisions: See addendum attached hereto and incorporated herein 20. Ifthis pruposal is aecepted by Seller in writing und Purchaser receives notice o f slich acceptance on or before June ~'% , 19_f~_.., this instrument shall become a contract between Seller und Purchaser and shall inure to the beneti~ of the hei 1Â·~, ~uccessors and assigns of slich parties, except as stated i n paragraph 7. Broker_Mason..&..Morse Inc, Purch "It'~G. DaviA Jr. ~~li-7 - 1.- -~ mt e Iiy: 44Â£23 let#(1,2-*1 1 'Cll I'tirchaser 1)/le Robert E. C*fger ~ purchaser's Address _Resort_Interna.ti-onal s _Inc.Â£_North -Carolina A45- & .Beardwal k Atlantic City, New Jersey 08404 (The following section to be completed by Seller and Listing .Agent) 21. Seller accepts the above proposal this __--_ day of , 19_..__., and agrees to pay a commission of 6 % of the purchuse piÂ·ice for services in this transaction, and agrees that, in the event of for feiture of payments and things of value received hereunden such payments and things of value shall be divided between listing brokerand Seller, one-half then.of to silid broker, but not toexceed the conuÂ·nission, and the balance to Seller. - /#A L >4,â€¢Aer Seller Thomas P. Tatham Seller's AddiÂ·PAR 1072 North Beverly Dr., Beverly Hills, CA 90210 Listing Broker's Name and Addres,s Carol Ann Jacobson Realty, Inc. P.O. Box 1168 Aspen, CO 81612 ADDENDUM Addendum to that certain Residential Contract fo Buy and Sell Real Estate (Seller's Remedy Limitated to Liquidated Damages) Dated June 7, 1986 between I. G. Davis, Jr., Purchaser, and Tatham, Seller, for that property known as Lot 2, Hoag Subdivision. Pitkin County, Colorado. 1. Inventory: Tatham shall provide Davis with full inventory of all items of personal property to be conveyed hereunder within ten (10) days of execution of this contract . All appliances shall be in good working order as of the closing date. 2. Real Estate Transfer Tax: Davis acknowledges that he will be responsible for paying the Real Estate Transfer Tax on Property in the amount of one-half of one percent of the purchase price at closing. 3. Contingency: This contract is expressly contingent upon the Purchaser receiving approval from the City of Aspen Building Department (or other applicable governmental authority) for an addition to the existing residence of approximately 600 square feet. Said addition shall involve the enclosure of the decks off the master bedroom and living room. In the event such approval cannot be obtained, this contract shall, at Purchaser's option, be deemed null and void and all earnest money shall be returned to Purchaser. 4. Closing: Closing shall occur on August 12, 1986 or ten days after the granting of the approval for expansion of the existing residence referred to in paragraph #3 above, whichever comes first. 5. Survival of Representations: The terms, conditions and obligations of this Addendum shall, to the extent necessary, survive the closing and not be deemed to merge with the documents to be executed thereat. 6. Foreign Transferor: Seller warrants that he is not subject to witholding as defined under Internal Revenue Code Section 897 (Foreign Person Transferror) and will execute an Affidavit prior to closing substantially in the form at tached as Exhibit "A". 7. Counterparts: This Addendum may be executed in counterparts and shall become a binding agreement upon execution by all parties hereto. DATED : ~ A Junb , 1986 4\ D--DAA Irt,\9, 00,1,94,0 T. B- , f I. G. Davis, Jr~ Seller Date ' ' POWER OF ATTORNEY (REAL ESTATE) KNOW ALL MEN BY THESE PRESENTS, that I, I.G. Davis, Jr. of the County of State of New Jersey do make, constitute and appoint John Thomas Kelly , of the County of Pitkin State of Colorado , to act as my true and lawful attorney for me and in my name. place and stead for my sole use and benefit to grant, bargain, sell, convey, purchase, encumber or contract for the sale or purchase of the follow'ing described real ehtate hituate in the County of Pitkin .State d Colorado , to Wit: Lot 2, Hoag Subdivision City of Aspen County of Pitkin State of Colorado My said attorney-in-fact is hereby empowered to collect such monies as may become due from the sale, and to niake, execute, acknowledge and deliver contracts for sale, deeds, Deeds of Trust. and other instruments in writing of every kind and nature, including. but not limited to. the sale and loan closing documents and statements, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate. My said attorney shall have full power and authority to cio and perform all acts necessary to be done to complete a sale or conveyance of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney und the power; contained herein. *This Power bf Attorney shall not be'affected by disability of- the principal. * TK K>4*9**K KRAM?(*2% X#KKDOCE AM X154 0%004.}pON Xte<otiX#* Di<tX XMWAX~*14** 4 EXECUTED this 6th day of June ), ~19 2- - 1 STATE OF COLORADO I.G. DAVIS, JR. PRINC IFAL > SS. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this fith day of .lunp 19 _86_, by T.G. Davic, dr. , the Principal. .. ts>/, r~ A / E-h 1722 4 Â£ ---/ift-22 -Â·pt- Tht,216/4 -i Witness my hand and official seal. + Notan Public 4 : .., - - My commission expires: 9 {14010 (11 9. 1-Â·pnâ‚¬ 9 1(Ii'A~~. I i CO ->VY' r Â«,ar".-m . ~trike dither or both according to fact. No. 34R. 1983. POWER OF ATTORNEY (RFAL ESTATE) Bradford Publi Â·,hing, 51(25 W. 6,th .Aue.. I.akewood. CO X{)2!4-(303) 231-6900 10-84 ~~ Tlic >pdm . i....6 SCHEDULE A Order Number: Commitment Number: 14238 1. Effective date: May 30, 1986 At 8:00 A.M. 2. Policy or Policies to be issuedÂ· Amount of Insurance Premium A. ALTA Owner's Policy w 550 0 000.00 $1,377.0( Proposed Insured 1.G. Davis. Jr. Tax Cert. $ 5.0 S B. ALTA Loan Policy Proposed Insured C S 3 The estate or interest in the land describes cÂ· referred to in th:s commitment and covered herein is fee simple and title theretos at the effective date hereof vested inÂ· Thomas P. Tatham 4 The land referred to in this commitment s zescribed as follous Lot 2. HOAG SUBDIVISION. according to the recorded Plat thereof. County of Pitkin. State of Colorado 69Â« 92)42-~.-I=. __ 24.90'Â·zed Ci~~ers gratu-e ~~~ Page 2 41'13:J#*ART TITLE GUARANTY COMPANY Â·652 ,20'.1 4.83: ~ 'F / pdm .4 iÂ·*1- ,-9 . SCHEDULE A Order Number: Commitment Number: 14238 1. Effective dateÂ· May 30, 1986 At 8:00 A.M. 2. Policy or Policies to be issuedÂ· Amount of Insurance Premium A. ALTA Owner's Pokey S 550.000.00 $1.377.0< Proposed Insured 1.G. Davis. Jr. Tax Cert. $ 5.0 S B. ALTA Loan Policy Proposed Insured C 3 The estate or Interest In the land describec cÂ· referred to in th,s comoiltment and covered here,n ;s fee simple and t,tle thereto is at the effective date hereof vested in Thomas P. Tatham 4 Tne land referred to ,n this comm,tment s Descr,bed as follons Lot 2. HOAG SUBDIVISION. according to the recorded Flal thereof. County of Pitkin. State of Colorado ft.f I 60Â»101*RA,1Â»,__..__ A.'10Â· zed C&,~tersigrat.re (~~ Page 2 ?'4'rE'WART TITLE '632 ,20Â·.1..83, GUARANTY COMPANY '04,~ 3:t:.12..?5 11. ~... * SCHEDULE 8 - Section 1 Order Number: Commitment Number. 14238 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. Evidence satisfactory to Stewart Title Guarantv Company. furnished by the Office of the Director of Finance. Citv of Aspen. that the real estate transfer tax pursuant to City Ordinance. No. 20 (Series of 1979), has been paid or that conveyance is exempt from said tax. 2. Rerecord Warranty Deed from Tatham Corporation to Thomas P. 7 -7 0 -' c Tatham recorded July 23, 1982 in Book 429 at Page , i U cla Reception No. 242902. NOTE: This requirement is necessary because the above deed fails to state whether the real estate transfer tax pursuant to City Ordinance No. 20 (Series of 1979). was paid or that the conveyance was exempt from said tax. 3. Deed from vested owner. vesting fee simple title in purchaseris). STETVART TITLE 1653 (25M 3/86) Page 3 GUARANTY COMPANY '4 9 6 rtft P SCHEDULE B - Section 2 Exceptions 41 Â· Order Number: 14238 Commitment Number: '. ..44 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the *.rl :-;AF satisfaction of the Company: * 6/f.;e 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 hnes, 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment, 6. Any and all unpaid taxes and assessments and anv unredeemed tax sales. 7. 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. 8. Right of way for ditches or canals constructed by the authority of the Uriited States. as reserved in United States Patent recorded in Book 175 at Page 299. 9. Easements and covenants as set forth on the recorded Plat of subject property recorded in Plat Book 4 at Page 218. 10. Easement and riaht of way as set forth in instrument recorded February 23. 1979 in Book 363 at Page 876 as Reception No. 212161. Exceptions numbered are hereby omitted. Page 4 STE~VART TITLE GUARANTY COMPANY 1654 (15M 3/86) JOHN THOMAS KELLY ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-1216 June 26, 1986 Aspen/Pitkin Planning Department Aspen Planning and Zoning Commission Re: 8040 Greenline Review Addition to residence Lot 2, Hoag Subdivision Ladies and Gentlemen: I represent I.G. Davis, Jr. who is the contract purchaser of Lot 2, Hoag Subdivision which lies within 50 yards of the 8040 Line. A copy of the purchase contract is attached. As you will note in paragraph 3 of the addendum to the contract, the purchase is contingent upon Mr. Davis receiving approval for an addition to the residence of approximately 600 square feet in the form of the enclosure of decks off the main bedroom and living room. Consultation with Steve Burstein of the Planning Office has indicated that it is Planning's position that the proposed addition constitutes "development" under the code and that a review pursuant to Sec. 24-6.2 of the code is necessary. With regard to such review, I would advise the Commission as follows: 1. Addition: The existing residence is 3,098 square feet. The lot is zoned R-15 and has an allowable F.A.R. of 4,709. With the addition, the square footage would be increased by 557 square feet to a total of 3,655 square feet - well below the 4,709 permitted for this lot. The entire addition would be within the existing building footprint and under the existing roofline. The addition requires no extension of the roofline or building outside the existing footprint. Enclosed is a photo of the residence as it exists today and also the architect's rendering showing the house after the proposed addition, stating the relevant project data. Complete plans have been submitted to the Building Department for their review and preliminary meetings have indicated no problems with the building code. Aspen/Pitkin Planning Department Aspen Planning and Zoning Commission June 26, 1986 Page 2 2. Review: Section 24-6.2 sets forth nine review criteria. In my view, and I believe Steve Burstein concurs, is that the only applicable criterium is number 6 which deals with the design and location of the structures. Location should not be a problem as the addition is entirely within the existing building footprint and under the existing roofline. With regard to design, we believe the addition enhances the visual effect of the building. In any event, the visual impact is extremely minimal, as a comparison between the photograph and architect's drawing indicates. This is particularly true in view of the fact that the lot is heavily wooded and the view of the westerly half of the house is blocked by large pine trees. As stated above, the proposed addition would still leave the house more than 1000 square feet below the allowable F.A.R. The impact of the addition, based on the review criteria of Section 24-6.2 of the code, is virtually nil. Since none of the stated principles or criteria upon which the 8040 Greenline Review is based would be violated, we would respectfully request approval for the addition. Please contact me with any questions or comments. Per you request, I have also included a copy of the title commitment and my Power of Attorney from Mr. Davis. Very truly yours, fu *8* JTK/og ~ John Thomas Kelly Enclosures cc: I.G. 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