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Home My WebLink AboutLand Use Case.1115 Ute Ave.18A-88 C. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: /W;Y PARCEL ID AN CASE NO. DATE COMPLETE: L,Sf f-88 STAFF MEMBER: k' • PROJECT NAME:�Art12/Jf -6 (f �)(7 1 k P� t(�Project Address_ ' APPLICANT: . r u i l� . Applicant Add .s. : 5 , RW, �� .,% , f/ in REPRESENTAT VE. „ /` _ Representative Address/•i one: I / iL .�I �(2 = ( 95. TYPE OF APPLICATION: PAID: 461P NO AMOUNT: 44F4 . 67(/ 1 STEP APPLICATION: P&Z MEETING DATE: 3--4'.‘"(1--D- \ PUBLIC HEARING: YESCNO) DATE REFERRED: 4 ) ' 0 INITIALS: /u 2 STEP APPLICATION: V CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: /:- City Attorney Mtn. Bell School District V City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water if Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect Envir. Hlth. Roaring Fork , Roaring Fork (Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: 0a4)4( INITIAL: G City Atty ✓ 7 City Engineer ✓ Bldg. Dept. Other: Enid• 1-)f4- 11/ FILE STATUS AND LOCATION:_ e, 1),e r0( ,♦-Y! Y G G[ti6 Ill 5 Uve R O 2 01.9 :. l D 6 - D-D â‚¬ CEâ‚¬(\ill ue 'Er 8 3 , Â»*2 07-/12_ un Â¢ 4 4 R 4 7 >A- 2 N 0 L /Ly--/fac 24 5 3 + 6 //01 3 2- X. 1 \ 9%3 1 4 1 toe N-- 0 -4-1 LEGEMB Â¢ MOVE $ " FOUND * 5 RE- ROD NY / CAP L.S.*9~15 SET IN -CONC. W STEEL V FENCE POST . /1/ , 0 FOUND 4 5 RE-ROD W /CAP L S.=9115 ta -41 + FOUND SPIKE SCRALL. d 1.9 = 10 - \951 10 --4 \212 SPOT El_EVATIONS \1 1 ARE FROM RECORD PLAT 1. .#A Â»31- CALLS thi C SQl / \ 1- ept KE SOR-VEY OR.IENTED \N 1 FOONO MOAJOMENTS \ <c ///3 94 ELEvACONS AgE ASSUMED O CONTOOR INTERVAL \S LS FT -i 0 965 Ler is COVERED w I ASPEW TREES 914 \24 -\ -11\ ALL CORS FND IN -7/80 4 t. 23.20 5. 20 9 R - ;,C:11 f--I --te LOT DOES NOT MATHEMATICALLY CLOSE, CALLS IN E 3 IS ....'..I, --,----%..,an.-1-.7 \42 -\ SMALL -\ CLAC, CLO.5URE o \0 50 ASPOUS - FOUND ALL COQKI ORB 9/87- LAWYER'S '-1-11- LE. INSUFA. CO. - p\-r-\4114 COUNTY T ;TLE (04 11 /Â« 1 T',4 16 SUAvEY. COMMITÂ· * PaT- 1086-67 USED IN TMS PREPATRATION OF X..975 7,~- 711=22 TRELE- W j DIA. j TRELES AODIED 4-Â¢80 " F" DE-NaTELS TFUELE FLAQ*ED 91Â§ 1 90 .k -Usif & 4/0 1 - & Â» // 1-thy/. ASPEX! TREI A// 01 A - 1. 1 ' - ELEVATION EQ. 100 - 779 Z- J 22)40 DCT-C,KNIAJCD FOF< C.OOPOZ- ARELIAL W l./ Â¢ _ Sulauc--C .. 58 <8580 989 \ -24%30 1.5' U-11 Ll-T IO'WIDE STRIP RESEVED LITY \ EASEMENT -00 - 1 Â» 01// WIDENING OF UTE AVE, W OF ASPEN FOR -1-HE *râ€ž 1 6-0 /111 - s~0 - TO BE DEEDED BY Pr 1 1.03 OWNER ATTIMEOF 1 /PO \ 0 4/ Wl-DENING 2 % - 13 E - lE)( '00, 9- 40 LOIDA 0\1 100 ~00 \0Â»N- 1 6 --6 1- 1 1.4 \<42 e //0 ... 27 99.9 \~7/// 2, . -----21_ S j \02 '1>1'., V SS MAA ~ -1 . - 4..Izznx %\~023- _ * //4,- L . P \\ 8 2 AREA (19,81 1 + SQ. 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O.BOX 2506 A,4 l f' .*' 1/ 0.:I ASPEN, COLORADO 81612 ,#.. 1 (303) 925-3816 . 47#*4 ]-E: 1(0901116 18 [10~00 LIU Yull tlll5! [01111E11[E 811, LEWL 11[Holl BR5[!1 lrOII Im DEFECT IN I11I5 51EIEy WITHIN SIX YEARS IFTER YOU DATE JOB NO. .1 + 4.2 11!51 DIOUU 50[1 1]EFECI. IH IE EVENT, -1 Ally 11[TION BASED Iroll lilly DEF[[1 Ill IHIS 58,?Ufy RE flm]ICED Imf UNI JEN yERS . 14 *. ..1 N 9098 IEÂ· IlmE Of TIE CUTIFIERTION SHOUH IIEEDH. 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VANN ASSOCIATES April 14, 1988 HAND DELIVERED Ms. Cynthia Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Rappaport 8040 Greenline Review Dear Cindy: Please consider this letter an application for 8040 Greenline review for the Rappaport residence, a proposed single-family structure to be constructed on Lot 5 of the Hoag Subdivision. The Hoag Subdivision is located within the Aspen city limits on the south side of Ute Avenue. The application is submitted pursuant to Section 24-6.2 of the Municipal Code by Gary and Susan Rappaport, the owners Of the property. A commitment for title insurance evidencing the Rappaport's ownership is attached hereto as Exhibit A. Permission for Vann Associates to represent the Applicants is attached as Exhibit B. Project Site As the accompanying survey illustrates , the project site contains approximately 15,811 square feet of land area and is zoned R-15, Mandatory PUD. Surrounding land uses include the Ute Cemetery, which is located directly across Ute Avenue from the site, a duplex to the west on Lot 4 of the subdivision, and vacant BLM lands to the south and east. An existing road, which provides access to Lot 3, parallels the site's southeastern boundary. In general, the topography of the site slopes up and away from Ute Avenue and towards the existing access road at the rear of the property. There is a gentle bench within the otherwise moderate north facing slope on which the proposed residence Will be built. The elevation dif- ..9 ference across the site is approximately thirty (30) feet. P O Box 2485 Â· ascen. Cooraao 81612 Â· 303 925-6958 Ms. Cynthia Houben April 14, 1988 Page 2 Natural vegetation consists primarily of numerous aspen and fir trees which are scattered around the periphery of the site. All major ut-ilities are presently available within the Ute Avenue right-of-way. Proposed Development The Appl.icants propose to construct an approximately 4,100 square foot, single-family residence on the property. The proposed structure is exempt from the City's growth management regulations pursuant to Section 24-11.2(c) of the Code. Lot 5 was created prior to November 14, 1977 as evidenced by the Hoag Subdivision plat which was approved by the City Council in 1971. Mandatory PUD Although the property has been designated mandatory PUD, compliance with the City's planned unit development regulations is not required. Pursuant to Section 24-8.13 of the Code, the construction of a single-family residence on a separate lot is expressly exempted, a PUD designation notwithstanding. Subdivision Review Pursuant to Section 24-6.2(a) of the Code, all development above, or within fifty (50) yards below, the 8040 green- line is subject to the City's review and approval. The purpose of this review is to "insure that all development is compatible with the prevailing slopes; to provide for the least disturbance of the terrain and other natural land features; 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". With respect to the specific review requirements of Section 24-6.2(b) of the Code, the following comments are provided in support of the Applicants' request for 8040 Greenline approval. 1. Water service to the project will be provided via the existing eight (8) inch main located in Ute Avenue. The Water Department has indicated that connec- Ms. Cynthia Houben April 14, 1988 Page 3 tion to the existing main is acceptable, and that the municipal water system has sufficient capacity and pressure to accommodate the project (see Exhibit C, letter from Jim Markalunas, Director, Aspen Water Department). The project will also be connected to the existing sanitary sewer located in Ute Avenue. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated with no improvements to existing sewer lines or to the treatment plant (see Exhibit D, letter from Heike Khun, Manager, Aspen Consolidated Sanitation District). 2. As the proposed site plan illustrates, the structure will be accessed via a circular driveway from Ute Avenue. The driveway garde is such that fire protec- tion vehicles can readily access the structure. A fire hydrant is conveniently located on the north side of Ute Avenue across from Lot 4 of the Hoag Subdivision. Snow removal from the proposed driveway should not be a problem. 3. As the attached reports from Chen & Associates and Nicholas Lampiris indicate (see Exhibits E and F), there is very little potential for geologic hazards to adversely affect the project site. No indications of massive instability of the natural slopes were observed in the immediate site area. The proposed building envelope is protected from avalanche and rock fall danger by the dense tree cover on the hillside above the site and by the existing road which parallels the property's southern boundary. To further enhance safety, no windows will be located at grade at the rear of the structure, and the site will be graded so as to help divert potential gravity driven rock fall. 4. The project's storm drainage system will be designed to maintain historic flow rates with respect surface runoff and ground water recharge. On-site drywells and/or surface detention facilities Will be utilized to intercept and detain runoff from roofs and impervious areas, and to control the rate of groundwater recharge. All disturbed areas will be revegetated or otherwise stabilized in order to prevent erosion. In the event a detailed drainage plan is required, it will be prepared and submitted to the Engineering Department prior to issuance of a building permit. The specific recommen- dations of the Chen report pertaining to surface and Ms. Cynthia Houben April 14, 1988 Page 4 foundation drainage Will be strictly adhered to in the design of the project. 5. Woodburning devices will be limited to one (1) fireplace. The project complies with the City's adopted regulations pertaining to woodburning devices and, therefore, the structure's impact on air quality would appear to be acceptable. The Applicants will also adhere to any requirements that may be imposed by the Environmen- tal Health Department with respect to fugitive dust control during construction. 6. As the accompanying site plan illustrates, the proposed structure has been located on the flattest portion of the site's allowable building envelope in order to minimize excavation. The proposed driveway essentially follows the existing topography and Will require a relatively limited amount of regrading in order to construct. Given the shape of the parcel, and its topographical and vegetative characteristics, no other building footprint or driveway alignment is reasonably available. 7. The proposed structure has been sited so as to require a minimum amount of cut and fill given the property's existing topographical characteristics. As the accompanying architectural drawings illustrate, the structure will be recessed into the hillside. The maximum cut depth at the rear of the structure will be approx- imately fifteen (15) feet. All slope cuts, however, will be permanently retained, and the recommendations of the Chen report with respect to cut and fill, retaining walls and site grading will be strictly adhered to. The proposed building footprint will result in a minimum loss of mature vegetation and all disturbed areas will be appropriately revegetated or otherwise stabilized. 8. As noted above, the proposed building footprint is the only reasonable building location given existing site constraints. The only regrading required will be for the building and driveway. The remainder of the site will be retained in its natural state as open space. 9. The mountain is perceived primarily as the densely wooded area above the road at the rear of the site. The proposed structure has been located close to Ute Avenue and designed in such a manner as to minimize Ms. Cynthia Houben April 14, 1988 Page 5 the perception of bulk. As the accompanying architectural drawings illustrate, the structure's roof slopes steeply back from the street, varies in height along its length, and is approximately one (1) foot below the maximum allowable height limit. Building materials will consist of wood siding and a non-reflective metal roof. Natural colors will be employed to help blend the building into the surrounding hillside. Based on the above, we believe that the Applicants' development proposal complies with the requirements of 8040 Greenline review and, therefore, respectfully request approval of the project as submitted. Should you have any questions regarding our application, or if we can be of any further assistance, please do not hesitate to call. As the Applicants wish to commence construction as soon as possible, any assistance you may be able to provide in expediting our request would be sincerely appreciated. Very truly yours, VANN AASOCIATES, Sunny Va~/, AICP SV:CWV Attachments COL,11 T :viENT EXHIBIT A .. Ifft-17>'ers Title InstirAnce â‚¬)rpo'-dtion :ational Heiccuarters R C.T.Orc V ra'nila COMMITMENT FOR TITLE INSURANCE SCHEDJLE A . 35,9 F -2.--Â·A.O J / .dgist -: , .93 + LE .3 :'212 -1.- i. 2 Polirv cÂ·r r:|IC es !Â·C: re 'scup.1 81 4..O-2, S '-1-,7, ' r-3271'7 1.62.- 3 z. 2. A.TA C.Â·.ne' S Col 0.-Form 9 '97C :Rev 1.0 ,Â· 70& Rev 10-1 7.84, ALTA Ls fle".al T re iÂ·,surance Polo. -1973 P,oposea 'rurpe [1Â·m B. F.'UP.Â·'GUE Exi ESAN H. ke'PA~Ce bl A.TA Lcan Pclicy 1970,Rev 10-17-70&Pev '0-17-841 Amount S Prooosed .nsurea (C 1 Amourt $ Prsposed nsured TAX CERTIFICAIE 5 5.00 3 Title 10 1 ne esta:e or interest ,n tre land .n. fee s=ple descrioed or ,eferred :0 In this Commitment ts at Ine effec"ve date hereof vested in 2,AVE C. C.CLE =i EUIT CLL-w 4 The land referred to :n (hls Commitment ,s Gescribed as follows LeI' 5, HCAG SUBDIVI SION, CCUNE (T PITK1.N, STATE OF CCLORADO Pitkin County Title, Inc. 601 E. Hopkins - :. Aspen, Colorado 81611 /6,nters,g-pr-* A.sperâ€ž '.410'r* Commitment No PET-1080-87 Schecule A-Page 1 %Â»_ 2119Â« ..L__-- This commitment is invalid unless Author*zed Office~ or Agent the Insur,ng Provisions anc Sched Imrvers Title Insurance (f,rporation fial:>-al -9301.a':e'S CÂ·,0"-on-:. V Â·c r'la SCHEDULE B--Sect:on 1 Requirements 2 -n i.,Â· - 1'. ''le-' :11 or i nÂ· .1.r>,3 42'JOunt J' 'I,Â· p ,1140,5 'w 1-ort ,3,3 g oÂ·S 21 2'e ful' C .75Â· 'Jerapon #Of ille esta.e Or :rte,eit A be , r 5 0,0 a 1Â·run + pr of?er i 2 51: U -p-:, c :Â·ea r 4 tÂ·'e Â·: 5 1.3 to or 1ntere st : o be ...sure,1 must ce execute 9 ,3,10 du:v L ie d for Â·e c crc. 0 ') Release 7 322 P-L.ic Trus:ee of trie Con:v of Pitkin of: A.,ni .c-_ -r Â·'.-r' 7 //; --.4 -I" 7-- 0- ' I''-61 -cn -Lj u Â· , '.--u:\1. 41 U .. . - 1 - 1 : - 1- L ..AJ , :r :ne use o: Lt:CIÂ·LUE EAX< Câ‚¬ FORZ ~Â·rE:H -c secure $256,JOO.EC datea tÂ·bv 2,, 2385 Â·. ecor<jed : .Alne 0, 1985 2. Buck .87 a: Page 609 reception 0,2. 268798 ( 2 ) Deed fran : DAVID C. CCOKE and TRUITI CLIWRD to : GARY B. RAFPAPORT and SUSAN H. RAPPAPCRI (3) Cert.ficate fr.Ti the ~ .Useciatilin e ....5 ... id.. u.,u. all Cces and expenses airres.1-'. : iden-- due ard paydble hae been Jaid LE full ~ are It delinquent. Â£4) Evidere: sp.isfacconÂ· :r the Ocmpany that the Real Estate Transfer Tax as established bv Crdinance '3). 2,3 (Series of i 979) has been paid or .: erpted. 13) Ser[.fience of Non:-creign Status, signed by DA.'CD C. 24% c,la i,11.. L-Â£.v:guJ Â· Tr IS Co-in:tment 14 i nÂ·.Â·ai d lir.less tile ,Â·,surina PfrvisÂ·cins ind Schea- Schedule 8-Section 1 Â·Page 1 -Commitment No prT- IAR#-Al bleS A and 8 ore a[tacilea Igwyero Tide Insurance CorpOTulion NAT ONAL 43420-A=-CRS RiCk'.104.1 Â·/!RS NIA C - LJ ULE B-Sect:o- 2 Exceptic 1 The cculcy or sci'Cles 00 De Iss.ed .Cl carita.n exceptions 10 A.e folioÂ·.,rg .,r,less â€¢'â€¢e same cre d,sposed of Â·c the .31!:s,ocrion ct 'he CcmoonvÂ· 1. Rights or cÂ·airns or oof,res n possession not snown by 'he public .records. 2. Easements, cr c c ms c* easements, not shown by fhe public recorcs. 3. DiscreporcÂ·es <c.filics In bcundorÂ·; I -es, snortage in crec. ercrcach-ents and anv ;ccls *n,ch o EC-recâ€¢ 5/.Â·ev cr.d Â·-scectior. of the grepiljes woula aisclose ona wricn crs ne; 54(wr bv Â·Â·-9 public .ecorcs 4 Anv Gel cr right â€¢c a i en. fo, serv,ces, lobo- 0- materÂ·al he,et:;ore c- nereafter fi,r-:shed, .m-, posed oy ow and no! s-own by the public records. 5. Defects. Â·ens, ercumcrc-ces. adverse cia,mi or other rratters. i: cny. created. frit coseari-g in the o.bl c -ecords or ='tach,ng subseauent to the effective date hereof but pr,cr to the date ve proposed Insured acquires of record for value the estaTe or interest or morigoge Inereon covered Dy 'hIS CcmrritrrenT. o. raxes die and pay=le; and any Â·.ax, special assess-2.,ts, aarim or lien P-posed for water Or se:er service, or for Jr.>, ether special taxing distr.ct. ,servat:..s ard excep: ..ins as contained 1- United States Pati?nt recorded /Lgast 25, 949 in F.x:k !~3 at Paze 229 as -2.11,-s: riblt of way fer ditches or :an:Ls (Castructea y tr.2 a:nority of the l-:med States. B. a.litv nÂ·.a Public Trail Easaverlts, and a JC foot scrip reseried for the City cf .Aspen .L. ...L 'â€¢â€¢'1~87.12 of Ute Aw,nue as sha.m Jr. Ma of Ea# 324*v.sicn recorded Nxeter 5. 197! 1-3 Plat 3-Â©k 4 ac P.=te 258. Exceotions numbered N(32 are he,eby orn,fled. 1, C'.Ine, s C o:!C f 'o rr' skea, .9 3-v, snall co-k],rn Ine '01 o.u,rg lie-s n oacil,on tothe cnes ser forth ccove ,1 The Dree of Tr,-5,0 f .0,Â·i, requ.fea under Schedu e 2-SectÂ·or, 1 pern it., z. Unoaten-Â·,0 mirÂ· rg claims, riseÂ·Â·41:,2-5 Or- 9,0â€¢ictic49 In cctents or Â·n Acâ€¢s authorizing iss/C]-Ce Â·'-9,00; vote- r gnÂ·s claims i Â·,Â·e 'c 'noteÂ·. 3 Any ina el unpaid ic:Yes cssess.ments cid Lin'edeemed ?ax sales. Schedule B-Section 2-Page 1-No. C.Â·irl a' >36 82 PockÂ¥ Mt Cy 7 7 Imryâ‚¬ J Title Insurance Corpo tion .it,00.,1 -â€¢n'-12.3-tes D 'St. 13 01- d V, f g 21,3 COMMITMENT FOR TITLE INSURANCE A'A/VE-3 -1-LE ,NSuRANCE COnÂ°ORAT CN o V rg,r,o :croc-at or rerpin .6 .9,2 *:e CJTpanv for value:31, cons deratic,r "ere:v commits '.0 issue its Dol cv or ocitc es of :Itle rsurance as dentitted in Scnecule A. in faver of Â·-e proposed Irsu ed narrea In Scned:le A as owner 0, 'nortgagee cl :"e eâ‚¬:3:e or "terest covered hereby in tre lanc cescr eec or re'errec to i r. Scr-eau,e A :. COn Davment c f :ke oren%rns a Â·13 inarges tlieretor ill sualect to the orovisions 1 S c 4 e cules A amfo B and to tte Conditions ana Stipi ations Perect This Cer-mitment shall De e'fee:.'.e o",v ',v len Ine :geÂ·-titv of :me Procusec Insurec ana re arrcunt cf tne pot,cr or .,el C es comminea tor rave. Deen inser-ec in ocred.,e A hereoÂ· bi tre Jum,Darlv either at :r e t r-,e 07 the Â·ssuarceor:- s Cor" rrirmier.1, cr tv subse]Jeri: Â·,Â·Fc'SerÂ·Â·ent - lls Corrfrit-ent 'S cre ir raÂ·v ic :re Issuance of s.c-1 02 :c, or p:Â·le,es of t.tle Irsurance ancall ;iab;:itva-c ocuigationS Pe-9. rder Sha,f cease 3-a *eNTÂ·!Inate s,x O) r-ontns 37:er ,Â·19 effect ve clate 'tereot or wrien tne pol,CY Or pol,C:es :cfrrr ..ed for .nall ss..3 Â·.v-r:rever f rs: OCC Jrs Crov,ced ma: 11Â·,e 'al,u e to :rns Je s Je poll:v or vollcies,5 noÂ· tr e Â·ault ot the Cc moany Th,s Cum.rnitme nt :nall not be . 41Â· dcrcinoing ..IrI, counters,glwabvanauthorize: officer cracent IN WITNESS '.',1"EPEC)2 me Co-pen, ras causea :ms Corrmitmenl to be signea ard sealed Â·c Decome valid wne n counters,gned Ov an a u :-orized off cer cr agent oi t re Com Dany. a 1 1 inaccordance vwtn , Is Sv - Laws T b I s Con mitrner r Â·s effective as 9 Ine cate snown in Sc-eaule A as "Effective Date " CONDITIONS AND ST'PULATiONS 1 The :erm "r:-cr,gage.'0 v.+en usea nereir. shali inctude ceed of :Â·ust, tr st aeed o' otner securly Instrument 2. If the o'ocosed Insured has 0- acqu:res actual knowledge of anv :efec I.en. encumbrance. aaverse ctairn or omer matter affect:ng the estate or 'nte-est or mor:gage thereon coverec cv :ms Corr r.-,tmen: other trap those shown In Schecile B hereoT. ana snall f 3,11.c d sc :ose st.cn know:ec ge to the Corrpa nv Irr wit,ng, tre Com oanv s nall be re!,evea from habil HY for any loss or da mage Â·esult -la from Jr,F ac: oÂ· re ; ance re -ecn tc tne extent Ine Companv Is Pre u dicea bv fai. ure to so disclose s ucn knov.Â· edge F :ne oroposed Insurei sr,gil disclose s mn knowieage to rte Company c, i, the Comcanv ctnerwise accul'res actual know,edge oÂ· anv s..cn defec:. !:en eticur"brance. adverse claim or stner matter, tre Companv at its option mavamenc Screoule B of Uns Comm:tment ac:Â·oraingly. out sucn amenamen: snail -ot rei eve the CompanY trom liability previously rcurrec pursuant to Da~agraph 3 of these Conditions ara St pulatiors 3 :tabdity of the Corrpary urÂ·der this Co-,nitment shall be onlv :c :he -ameg Drcposed insured anc such parttes nctuded under the aefirition of 'nsured in tne Form of Dolicy or policies commit:ed for anc only for actual loss incurred in reliance nereon :n undertaking ingcod faith:a;tocompiy withtnerequiremenishereof orib)toeÂ·Iminate exceptions shown in Scned -le B oric; to acculre 0-create the estate or interest or mortgage :-ereoncovered bv this Commitment. In ro event s-311 such liab Jitv exceed the amount statec 7 Scheaule A fo: tne oolicy or policies commit:ed for and sucr, habilitv is subtect to Ele Insuring provisions anc the Conaitions and Stioulations ana tne Exclusions from Coverage ot the form of policy or policies committed for in fever of tre orooosed Insured which are herebv incoroorated by reference anc are made a part of this Cor-mitment except as excressly modified herein 4 Any action or act:ons or rigws of act;on that the prososed Insured mav nave cr may bring against the Comoam' arising eu: Of the status of me title to the estate or interest or tne status of the nicrtgage theecn ccve'ed by this Comr-Â·tment mus: be based on and are subject to :ne crovisions of this Commitment 12*yers lytle I nsuÂ¢6Â¥e (3rporation 37~20 4**V,Â·~ President Attest A~U 0 1.- Secretarv 60 /â€¢19 ./ 7 12612 931 2402 NAPCO INTL 10:01 2 003 IIiÂ·wnle,1 4 - W*__ U.. R.C.Â·p-n N" Reâ‚¬,irdcr BARRANTY DEED '1'11!S DEED. At,c.Â·:in# 1:y o f 10 87 k.1 *) AVID C. CCOKE and TRUITr CLINARD 4100 International Plaza, Suite 500, Ft. Worthj (,1 11'e ' C't]11:In Of ina St.itc .4 1I /1 <f>~41 Texas 1\ i CT.trlt,/ 1 PtlGARY B. RAPPAPORT and SUSAN H. /1 . i //r RAPPAPORT 1 '22 whiÂ·Â·Â·c rce.,1 1,kIAÂ·<. li 3940 Walion Shores Road, Wayzata, Minnesota 1,1:n,Â· Counly â€žr .Ind S ing rn' 1'&?OW~, frunfeX: U I~INESSE'1'11, 1 1, it the Â·mmit. 64 ritul In TMIC LIÂ¢f.7,141~I W ihc Surti t'< Ten and CO/looths (310.00) - - Ixul.Â·\RS. A- u n pi ..i .1 â€žir i, â€¢t rk > d ul,Â·ch i.lkr.1 v ...lil,fu6 J~'e,1, h.eâ€¢ 1;râ€¢Illul, b.,r~,lnud, /,4.1 â€¢nt| u,mqi,1. ihidÂ· Di lbAK-,â€¢feâ€žru~ ilâ€¢â€¢r.V.,iti.1,.,r~:t,n. 4 4. 4 ..0-1 -1,4,4 i i Â· f,n . 6:0, â€¢ 11. gr .huc e . 1 2 . twi .i,hl,1â€¢ .1 ~ M. fÂ·,r~ri. / 11 1 he rÂ·ra rn,n-rl,Â· 1<11;iÂ·ther . i.h i t,tra n .ille n l,. i f .In,Â·. .,I i, UL 1,Â·i nr J n..1 he/ y i n t Â·e C.Unt I .f Pitkin ind Stitc 04 Ct,teraor, dc>critâ€¢â€¢ed A Adlim .- Lot 5, Hoag Subdivision 90 knign t,- strcet and lunnher af: HIA'i'11141 . lili .tll .Ind .in,i,1.â€¢i ihe bereditaments ind oppuncraneci therrto betrmeng. or in ,r)*Â·ik orpertalnirtÂ¢. ind the munlon and ' M â€¢Â·râ€¢Â·Iâ€¢â€¢,1.. rrti,atrnkÂ·r Mid rvil,â€žinderâ€¢. rvntâ€¢. 1Â·nue. und rn,lili theretâ€¢f. Inu ill the C.talic. nght. title . merc ir . c lutm on.1 Unund Â»hits,c,(irr Alf th< ' i gr.inic,i, o,her 1,1 l.,tâ€¢Â· cr :(1,1.1,Â·. "r. in ar,J to the at,M hrguirled prmisei. w 1111 the N:,cduamâ‚¬nt $ and irruftÂ¢M#CCS. I | TO 11 11'K .\ND 10 1101.!') the i:,1,1 picinlet ueâ€¢M b.wirlned and te,wribcd. with tho arÂ·rilrienufters. unlo the grankee. his heirs ind :Tilent 1.'re;.Â·i And the Frantar, 1.â€¢rh, lurlt. hiâ€¢ h.Â·in. mt,J xn.wÂ·131 rer,k,cniALLE<. Joch.,~crt.,m. br,ni. h.â€¢,6.In..ind aprce,uâ€¢nd â€¢dilâ€¢ Iti gral,teÂ·e. 1,1.11ci /.and ' Bâ„¢ gm . di:.1 :,111,~' murÂ· 111,c iÂ·n.Â·.11,1,~ And d.livery,4 {N,e prc,crtâ€¢. he is wril ki, ed tif the prrin Res :,AM rcwl Kld. hai giâ€¢.41, sure. perfcÂ¢i , Ihi, uic , 7,â€¢J imll' C.N Nk l'>MIC *91 inhuit.ince. In 13. ir fee hinirte. and hic g" 6 r,ght. 6,11 pinic r ind 1.,w ful Ju (hof tty to (Ant. hif pin. $4 It ond vnnicy the .ame 4.1 m wi,er ,11'd ftâ€¢nl, a. uÂ»re>MIJ. :trk,1 61; 14 the Mmc im frrc End cic.tr fruin ill f.wmer ind other grint.. bifcalri. 1.1!ci. lic'11, 11,21. scretimen,i, rn-in,4-i:,Ari ,ind rr,tr,rlit,4. of whote.r r kind or natum woâ‚¬r. except as shown on the attached Exhibit A. The yÂ·:Intâ€žf <h.+11.,rIC uill WARRANT AND :DREVER DEFEND,heabove-bargained premise, in the quiet and peKÂ¢ abt, possession of the grantee. ht# hile. an,1 4,-*Un.,471:1.t ,11|andeÂ·â€¢eTy pcfÂ·vororpinunita~ full, Clalminglhc whalÂ¢~an, purlhemol. The ,Ingular number,hall 11,(!wdether"ural, l|,Â¢ 1Â·ki.,1 i he .1.gulur. and the u w rd arly gender shell be .pplic.ble 10 .M Zer,der:. IN %\'11 NE:Â©i 0%'11 1. R .Or, 611: 11.â€ž,v, Ii.a an .,id (1,1. 0.Â·.U u. (IE d.t: wt A,1111 4/'Vt. David C. Cooke :ruitt Clinara Texas STA'rE 01Â· kjtj#*5150 Cuumy d 09/22.07 . ./ ... 6- <. Wi - I ... LAPCO I: T L *6 0416 . EXP. Z 3 Z C " A " TO WARRANTY DEI=D BETWEEN DAVID C. COCKE AND :RUITS CLINARD AND GARY D. RAPPAPORT AND SUSAN H. RAPPAPORT , 1 327 *. -,W taxes due and payable in 1988; and any tax, special assessments. charge cr lien imposed fer water or sewer service, or fv= any other special taxing district. 2. Reservations and exceptions as contained in United States Faten= recorded August 26, 1949 in Book 175 at Page 223 as fellows: right cf way for ditches or canals constructed bv the authority of the United States. 3. Utility and Public Trail Easenents, and a 10 foot strip reserved .cr the city of Aspen for the widening of Ute Avenue as shawn on Map of Hoag Subdivision recorded Novemoer 5, 1971 in Plat Book 4 at Page 218. EXHIBIT B April 8, 1988 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent us in the processing of all required applications for the development of Lot 5 of the Hoag Subdivision which is located on Ute Avenue in the City of Aspen, Colorado. Mr. Vann is hereby authori- zed to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Very truly yours, O ho- 4 40'dry (riu ouvi~ a,~ppaport SV:CWV EXHIBIT C CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 ASPEN WATER DEPT April Sth 1988 VANN ASSOCIATES P.O. Box 8485 Aspen, Colorado 81612 Dear Sunny: Regarding: RAPPAPORT Residence, Lot 5, Hoag Sub Div, Ute Ave. In regards to our discussion concerning the RAPPAPORT residence, This letter is to advise you that water is available from an 8" ductile iron main located in Ute Ave. Sufficient Water quantity and pressure are available to provide adequate service to the proposed Single Family residence. Your client may obtain Water Service upon application and payment of a Water Connection Permit. Should you have any further questions please feel free to contact me. Aincerely :/7 2 41/ r 41-3 s-dIM MARKALUNAS EXHIBIT D Aspen Gonsolidated Sanitation District 365 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. 303) 923-2537 April 7, 1988 Sunny Vann ' 7 vann Associates Inc. 2. 0. Box 8485 Aspen, Colorado 81611 Dear Mr. Vann, This letter is to verify that the Aspen Consolidated Sanitation District can service the single family residence that is being proposed for Lot 5 in the Hoag Subdivision. Sincerely, )406 4=- Heiko Kuhn, Manager Aspen Consolidated Sanitation District 5080 Road 15 Caspe EXHIBIT Chen &Associates Glenwood Springs, CO 81601 Colorado Sorings Consulting Geotechnical Engineers 303/945-7458 Denver Ft. Collins Phoenix Rock Springs Salt Lake City San Antonio SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED RESIDENCE LOT 5, HOAG SUBDIVISION, UTE AVENUE ASPEN, COLORADO Prepared For: Gary and Susan H. Rappaport 3940 Waldon Shores Road Wayzata, MN 55391 Job No. 4 438 87 November 30, 1987 TABLE OF CONTENTS CONCLUSIONS 1 PURPOSE AND SCOPE OF STUDY 1 PROPOSED CONSTRUCTION 2 SITE CONDITIONS 2 FIELD EXPLORATION 3 SUBSOIL CONDITIONS 3 FOUNDATION RECOMMENDATIONS 4 GROUND FLOORS 5 FOUNDATION AND RETAINING WALLS 6 UNDERDRAIN SYSTEM 7 SITE GRADING 8 SURFACE DRAINAGE 9 LIMITATIONS 9 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURE 4 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS Chen&Associates CONCLUSIONS The subsoils encountered at the site consist mainly of rela- tively dense silty sandy gravels. The proposed residence should be founded with spread footings bearing on the natural granular soils below topsoil and designed for an allowable soil bearing pressure of 3000 psf. Precautions should be taken to maintain stability of the uphill temporary excavation. Other design and construction criteria relating to geotechnical aspects of the proposed residence are presented in the body of the report. PURPOSE AND SCOPE OF STUDY i This report presents the results of a subsoil study for a proposed resi- I dence to be located on Lot 5, Hoag Subdivision, Ute Avenue, Aspen, Colorado. The study was conducted for the purpose of developing foundation recommenda- tions for the structure. The project site is shown on Fig. 1. The study was conducted in accordance with our proposal for professional services letter to Gary Rappaport, c/o JDM Construction, dated October 27, 1987. 5 A field exploration program consisting of exploratory borings was con- ducted to obtain information on subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine engineering characteristics and classification of the on-site soil. The F results of the field exploration and laboratory testing were analyzed to : develop recommendations for foundation types, depths and allowable bearing pressures, and for site grading. The results of the field exploration and laboratory testing are presented in the report. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and Chen &Associates -2- a discussion of geotechnical engineering considerations related to construc- tion of the proposed residence are included in the report. PROPOSED CONSTRUCTION At the time of our study design of the residence was in progress. We were provided a site plan by Bentz/Thompson/Rietow, Inc., dated November 11, 1987, that shows the building outline and proposed grading. The building is planned to be cut into the hillside and daylight on the north side. Cut depths with full height retaining will be up to about 15 feet. The building location and contours as provided are presented on Fig. 1. The building will be two to two and one-half stories of wood frame supported on concrete foundations. For the purpose of this study, we assume foundation loadings will be relatively light. If building or grading plans change significantly, we should be contacted to provide geotechnical review of the plans and perform additional analysis as needed. SITE CONDITIONS As the contours on Fig. 1 show, the site is strongly to steeply sloping down to the north. The property is situated between Ute Avenue on the down- hill side and an access drive/nordic ski trail on the uphill side. Above the access drive the grade becomes very steep and forms the south side of the Roaring Fork Valley. Elevation difference across the building site is about 18 feet and about 30 feet across the property. Vegetation consists of grass, brush, aspen and scattered evergreen trees. A few inches of snow covered the site at the time of our field work. Scattered small boulders were observed on and above the property. Indications of massive instability of the natural slopes were not observed in the area of the property. Chen &Associates - - I...Ill./. -3- The property is located near the lower limit of an area mapped as being potentially impacted by avalanche. There is an historic avalanche track a few hundred feet to the west of the property in the Hoag Subdivision. The site could also potentially be impacted by falling rocks and debris flow. The rocks exposed at the ground surface are relatively small and no debris flow indications were observed. The access dirve above the property will help catch and divert falling debris and runoff. Based on our observations, we believe the risk of adverse geologic impacts on the site during the structure life to be low. FIELD EXPLORATION The field exploration for the project was conducted on November 11, 1987. Two exploratory borings were drilled at the locations shown on Fig. 1 with a 4-inch diameter continuous flight aucer powered by a truck-mounted drill rig. The borings were logged by a representative of Chen & Associates, Inc. Samples of the subsoils were taken with a 1 3/8-inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140-pound hammer falling 30 inches, similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSOIL CONDITIONS Graphic logs of the subsoil conditions encountered at the site are shown on Fig. 2. The subsoils consist mainly of relatively dense silty sands and Chen &Associates -4- gravels with cobbles and boulders. The coarse material is subangular, appar- ently derived from the steep slopes above the site. Drilling in the subsoils with auger equipment was difficult due to the density and size of the coarse material. Laboratory testing performed on samples obtained consisted of natural moisture content and gradation analyses. Results of a gradation analysis performed on a small diameter drive sample (minus 1 1/2-inch fraction) of the subsoils are shown on Fig. 4. The laboratory testing is summarized on Table I. No free water was encountered in the borings at time of drilling. The subsoils were slightly moist. FOUNDATION RECOMMENDATIONS Considering the subsoil conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the structure be founded with spread footings bearing on the natural granular soils. Due to the elevation difference across the site, the foundation bearing level will vary from a few feet to about 15 feet below the natural ground surface. The design and construction criteria presented below should be observed for a spread footing foundation system: 1) Footings placed on undisturbed natural granular soils should be designed for an allowable soil bearing pressure of 3000 psf. A one-third increase in the bearing pressure can be used when calculating maximum toe pressure of cantilever retaining walls. Based on experience and the assumed foun- 3 dation loadings, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less and essentially occur during construction. Chen &Associates -5- 2) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for columns. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protec- tion. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pres- sures as discussed in the "Foundation and Retaining Walls" section of this report. 5) Prior to the footing construction, all existing fill, topsoil and loose or disturbed soils should be removed and the footing level extended down to the natural coarse granular soils. This may require deepening the foot- ings below design elevation in some areas. Care should be taken when excavating the foundations to reduce disturbance of the bearing soils. Voids resulting from boulder removal below footing elevation should be backfilled with concrete or compacted soil. 6) A representative of the soil engineer should observe all footing excava- tions to evaluate bearing conditions prior to concrete placement. GROUND FLOORS The natural on-site soils, exclusive of topsoil, are suitable to support lightly to moderately loaded slab-on-ground construction. To reduce the effects of some differential movement, nonstructural floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor s] ab control joints should he used to Chen&Associates 6- reduce damage due to shrinkage cracking. We suggest joints be provided on the order of 15 feet on center. The requirements for slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4-inch layer of gravel can he placed beneath the slabs to aid in drainage and facilitate construction. This material should consist of minus 2-inch aggregate with less than 50% passing the No. 4 sieve and less than 5% passing the No. 200 sieve. All fill materials for support of floor slabs should be placed and compacted as discussed in the "Site Grading" section of this report. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 40 pef for backfill consisting of the on-site granular soils. Cantilevered retaining structures which are separate from the resi- dence and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 35 pcf for back- fill consisting of the on-site granular soils. All foundation and retaining structures should be designed for appropriate surcharge pressures such as traffic, sloping backfill, snow storage, etc. For example, a lateral earth loading of at least 60 pef should be used for a backslope of 2:1 (horizontal to vertical) above a cantilevered wall. The pressures recommended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on the Chen &Associates - -7- foundation wall or retaining structure. An underdrain should be provided at the base of the wall or retaining structure to prevent hydrostatic pressure buildup. The lateral resistance of foundation or retaining wall footings placed on undisturbed natural soils will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.5. Passive pressure against the sides of the footings can be calculated using a pressure of 400 pef equivalent fluid unit weight. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive resistance. Wall backfill should be placed in thin horizontal lifts at near optimum moisture content and compacted to at least 90% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment as this could cause excessive lateral pressure on the wall. UNDERDRAIN SYSTEM Although groundwater was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater may develop during times of heavy precipitation or seasonal runoff. Therefore, we recommend below grade construction be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drain tile placed in the bottom of the wall hackfill surrounded above the invert level with free-draining granular mate- Chen&Associates -8- rial. The drain should be placed at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. SITE GRADING The proposed ground floor level will require a relatively deep uphill cut and there is a risk of construction induced slope instability, especially if groundwater seepage is encountered. The soils in the area can typically be cut at a 1 horizontal to 1 vertical grade without massive slope movement. Fill material or other materials should not be placed at the top of steep cut slopes since this will increase loading and the risk of instability. Surface grading should be directed away from slope cuts. We expect all cuts will be permanently retained. If unretained cut and fill slopes are used, they should be graded at 1 1/2 horizontal to 1 vertical or flatter. Surface water should not be allowed to discharge uncontrolled onto cut and fill slopes or the natural slope below the access drive. Graded slopes should be revegetated or protected from erosion by other means. The on-site natural soils exclusive of topsoil and rock fragments larger than about 8 inches are suitable for use as fill below slab, parking and drive areas, and as foundation and retaining wall backfill. Excavation of the soils should be possible with heavy duty equipment typically used in the area. Very large boulders and deep frost could be encountered. Fill placed beneath slab and pavement areas should be compacted in thin horizontal lifts to at least 95% of the maximum standard Proctor density at a moisture content within about 2% of optimum. Pricr to the fill placement the subgrade should be carefully Chen &Associates -9- prepared by removing all vegetation, topsoil and existing fill and compacting the natural subgrade to 95% standard Proctor density. Nonstructural landscape fill should be compacted to at least 90% standard Proctor density. Fill should be benched into portions of the site steeper than 20% grade. The fill should be observed and tested for compaction on a regular basis by the soil engineer. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed. 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. 3) Free-draining wall backfill should be capped with about 2 feet of finer grained soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. LIMITATIONS This report has been prepared in accordance with generally accepted geo- technical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1 and the proposed type of construction. The Chen&Associates -10- nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, this office should be advised at once so reevaluation of the recommendations may be made. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. Lv. 91 L. PH thbA 49.A Very truly yours, U .73 I R. dot.,r-.2 Af b.: o -. Â·i CHEN & ASSOCIATES, INC. 15222 4.: '1 S ..1 ZU ill . 1 :.0*1ij sta_ize .2-,fl Bv 93.Â·,Â·0-. L""i~.'kÂ·'roÂ· 44.4 03 CE.....1-*/ Steven L. Pawlak, P.E. SLP/ec cc: JDM Construction Attn: Duane Stewart 11 Chen&Associates i EXHIBIT F Nicholas Lampiris. Ph.D. CONSULTING GEOLOGIST 0554 HIGHWAY 82 CARBONDALE. COLORADO 81623 (303) 963-3600 0, r. 1-- l i 1 41 i m r-, rÂ·-1 1 7 0 CD dunn v V.ann 1 1 n c. W u.. I te I at Asoen. CO. 81611 RE: Lot 5. Hoaa Subdivision Dear Mr. Vann: have comoleted mv aeoloalc investigation of the above -elerenced lot alona the south mide of Ute avenue. Â»=Den. Colorado. 74= ,-2 rooert v is near the southeast corner 01Â· the Town of Asoen, within the Aspen 7 1/2 minute quadrangle, Pitkin Countv. Colorado. The building envelope is in a triancular area below an access roaa to another home. with another side of the triangle being Ute Avenue. There is a gentle bench within the otherwise moderate north facing slope where the home will be. Much of the property and the hiilside above is covered with conifers. Inere 13 a large outcrop above and to the west of the site to which the Ute Trail ultimately goes. The geoloay of the site consists of a veneer of colluvium (the geologic quadrangle map bv Brvant maps this material as talus) overlving the Precambrian ace quartz monzonite which is in the subsurface. The front edge of the lot consists of Quaternary age moraine deposits. but construction of the home will be somewhat further up the hill and will not be on these silts. sands. cobbles and boulders. Faults are not mapped through the site and there is no evidence of recent activity on those on the hillside above the site. Although the hillside behind the home is fairly steep, it only has a potential rockfall hazard further to the east. I believe that the site is relatively safe because of the heavy tree cover on the hillside above and the presence of the access road/Ute Trail above the homesite, which will act to divert or even stop gravity-derived hazards. Nevertheless. I think it is important that the rear wall of the foundation not only act as a retaining wall to the cut toe of the hillside. but also protrude at least four feet above finished grade with no doors or windows so that any snow slides or infrequent rocks which mav reach the site will do no damage. It would also be a good idea to have this same design along the west side of the home so that rocks which pinwheel from April 14. 1988 Lot 5. Hoag Subdivision Pace Two the Ute outcrop toward the site and might get through all of the tree cover. will not be able to do significant damage to the side of the home. It 12 further mv understanding that the home has already been designed. to some extent. with these +actors in mind. [ have reviewed a report by Chen and Associates on the soils defer to their recommendations in this respect. I would like to reaffirm thar steps Enouid be taken to insure proper and positive drainage around the home. ['he driveway above the site Enouid not act as a conduit of runot+ to Lot 5. The borrow aitching and whatever culverts are oresent on this driveway should be. to the extent that vou have the ability to suggest modifications, not be directed toward the homesite. I believe that municipal water and sewer are available to the site. and access is easilv attainable off of Ute Avenue directly to the prooosed homes ite. I conclude that if the preceding recommendations are followed. there is verv little potential for aeologic hazards to negatively affect this site. Snow slides will be minor and will probably be stopped by the gre-existing drivewav/Ute Frail, and rocks are not likely to reach the site, both because of its topographic position somewhat to the east of the major rockfall. ana the dense tree cover on the hillside above. If there are further questions. please do not hesitate to contact me. Sincerely, /74/44 rt-715'it Nicholas Lampiris Consulting Geologist NL/clk 2 C k. + r CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4)15 lrY PARCEL ID AND CASE NO. DATE COMPLETE: 3331-ZR-U-tull 1*A-58 STAFF MEMBER': \0 '- F} PROJECT NAME:/ 4) rÂ»Â«Mti f 0 f (3 FIUilt b'1*02 x- Project Addredsb /1 1 APPLICANT : Â¢ & 411)~4 ) mt 4wuC < lo/(LM 1 1!~ K'oalk _-- Â· Applicant AddiUssi: 19Â£~f) *0 , 0 fu I Ok ALh U 6-654// REPRESENTAT2*749!!u~y (1 At A~. 4 <* a Representative Addres-s41?~hone: /4(Â¥ )4 & 9 ujil#* F i 6) J/6 / 9- i 649 5 1 TYPE OF APPLICATION: PAID: ~ NO AMOUNT: 4 8/0.06 1 STEP APPLICATION: P&Z MEETING DATE: 3 J.<G 7- 1 PUBLIC HEARING: YES a DATE REFERRED: 490--KE INITIALS: 90/ C_---- 2 STEP APPLICATION: 1 - CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: lic City Attorney Mtn. Bell School District 4 City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) 0# Aspen Water \/ Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon/Inspect fC Envir. Hlth. Roaring Fork Roaring Fork //08 Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: ~0 8~-~ IN-LTIAL~t{/U- City Atty Â«1~ City Engineer /< Bldg. Dept. Other: Flu STATUS AND LOCATION: A - Ce,a- 1,*U<-01-,1 - Â¢/4-4 \ C CASE DISPOSITION RAPPAPORT 8040 GREENLINE REVIEW THIS CASE WAS APPROVED WITH THE FOLLOWING CONDITIONS: o the applicant shall provide landscaping material, including trees, between the circular driveway and Ute Avenue. o that only one fireplace be installed and that the applicant conform with the fireplace ordinance which will go into effect in July, 1988. o prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; o if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; o a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; 'O prior to construction a detailed storm drainage plan and a detailed- revegetation plan shall be submitted to the Engineering Department; and A culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. MESSAGE DISPLAY TO Tom Baker From: Michelle Carline Postmark: Aug 16,88 9:32 AM Subject: From Lee Message: Rappaport has applied for a fireplace permit for Lot 5 Hoag Subdivision (1115 Ute). In the permit application, he stated that the building was to have one fireplace which would contain gas logs, and that there were to be no other stoves or fireplaces. X----1----------- MEMORANDUM TO: Bill Drueding, Zoning Enforcement FROM: Tom Baker, Principal Planner RE: Rappaport - Zoning Compliance DATE: August 16, 1988 The attached Certificate of Zoning Compliance outlines what needs to be checked by your office; what has been checked by our office; and what deficiencies exist based upon the Planning Office review. In summary the applicant must do several things: -meet the basic zoning issues which your office will check; -pay a Planning Office fee of $127.50. Additionally, condition llc'' must be met before issuance Of building permit and condition "E" must be met before issuance of Certificate of Occupancy. CONDITIONS OF APPROVAL A the applicant shall provide landscaping material, including trees, between the circular driveway and Ute Avenue. B that only one fireplace be installed and that the applicant conform with the fireplace ordinance which will go into effect in July, 1988. C prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; D if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; E a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; F prior to construction a detailed storm drainage plan and a detailed revegetation plan shall be submitted to the Engineering Department; and G culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. 3 f 4 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Tom Baker, Principal Planner\v~~ RE: Rappaport 8040 Greenline Review DATE: June 16, 1988 APPLICANT: Rappaport Aspen Account APPLICANT'S REPRESENTATIVE: Sunny Vann LOCATION: Lot 5, Hoag Subdivision (Ute Ave. across from Ute Cemetery), see exhibit A. ZONING: R-15, PUD, see exhibit A. PARCEL SIZE: 15,811 sq ft. NEIGHBORHOOD CHARACTERISTICS: The subject property is located in a primarily residential area. Scattered single-family residences are located along Ute Avenue, 1010 Ute PUD is to the west, Ute Cemetery and Ute Childrens Park are across the street, the Benedict Office bldg. and the Aspen Club are to the east. APPLICANT'S REQUEST: 8040 Greenline Review, see exhibit B, application. REFERRAL COMMENTS: Exhibits C-I are reports and referral comments. The only referral agencies with significant comments are Environmental Health (exhibit H) and Engineering (exhibit I). In summary, Environmental Health has the following comments: - the applicant has indicated that they will install only one fireplace, but has not indicated how this Will be enforced; - the fireplace must contain and only be used with gas logs; - a fugitive dust control plan must be submitted to the Environmental Health office prior to the start of construction; - the applicant should contact Environmental Health if mine waste, waste rock or mine dumps are encountered during excavation. The Engineering Department comments are summarized as follows: - the recommendations of Chen and Assoc. should be followed and a geotechnical engineer should be retained to verity that the Chen recommendations are implemented. Further, no Certificate of Occupancy should be issued until the geotechnical engineer is satisfied that all recommendations were followed. - a detailed storm drainage plan must be submitted to the Engineering Depart. - a detailed revegetation plan must be submitted to the Engineering Depart. - culverts and improvement of the existing drainage ditch must be part of driveway regrading. STAFF COMMENTS: The purpose of 8040 greenline review is to: a.- reduce the impact of development on surface runoff, the natural watershed and air pollution; b.- avoid property losses from avalanches, unstable slope, rock fall and mud slides; c.- aid in the transition of development from urban uses to agricultural and forestry uses; d.- provide for the least disturbance to the terrain and other natural land features of the area; e.- guarantee availability of utilities and adequate public access to proposed development; and f.- enhance the natural mountain setting. The Municipal Code has a total of 11 review criteria which must be met in order to comply with the 8040 greenline review standards. In addition to referral comments the staff comments are as follows. CRITERION 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE This criterion addresses purposes a and b. The slope of the site is about 30% and clearly needs a sensitive design. The 2 Chen and Lampiris reports (exhibits E and F) identify ways of mitigating potential hazards, and indicate that potential hazards are minimal if their recommendations are followed. CRITERION 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE This criterion addresses purposes a and b. Based upon the referral comments and engineering reports the applicant complies with this criterion. CRITERION 3. The proposed development does not have a significant adverse affect on the air quality of the City. RESPONSE This criterion addresses purpose a. Environmental Health recommends measures to mitigate this concern. CRITERION 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE This criterion addresses purposes d and f. The location of the development is the best the site has to offer, however, the size of the development seems to expand beyond into undesirable areas (to the east and southeast). This expansion to the east effectively elongates the structures north facade, giving the design a more massive look or feel than may really exist. While, staff is concerned about the generally imposing nature of the north facade (horizontal), which this design dictates, staff is even more concerned with the vertical aspects of this design. For example, the design of the north elevation (exhibit B) accentuates the vertical nature of the structure. In staff's opinion the design, a two story vertical wall and a steep (approx. 1:1) roof, is not compatible with the terrain on the parcel. Although this design meets the technical requirements of the area and bulk standards of this zone district, the staff feels that the community could benefit from a closer look at the relationship between the terrain and the structure. An important factor to consider is that the subject property will be the last structure on the south side of Ute Avenue going to the east and the National Forest. This fact establishes the importance of a good transition from urban 3 uses to forest uses. Additionally, staff feels that the semi circular driveway is unnecessary development and that direct access to the garage is a more sensitive way of dealing with the site. CRITERION 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. RESPONSE This criterion addresses purposes d and f. It is difficult to say that this plan minimizes disturbance to the terrain, vegetation and natural land features for two reasons. First, the structure covers a significant portion of the site. Second, the ingress and egress to this single-family use is excessive. CRITERION 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE This criterion addresses purposes c, d and f. In general the staff feels that this criteria is addressed with the exception of excessive grading for the driveway and the preservation of the mountain as a scenic resource. Staff feels that both the driveway and the building design could be more sensitive to the mountain/forest setting. CRITERION 7. Building height and bulk Will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE This criterion addresses purposes c and f. Staff feels that the building height, apparent bulk (view from Ute Avenue) and design (a very long wall which parallels the street) are not the best effort at blending into the open character of the mountain. CRITERIA 8. Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed 4 development SO as to ensure adequate access for fire protection and snow removal equipment. RESPONSE Criteria 8, 9 and 10 address purpose e. This development complies with all aspects of these criteria. CRITERION 11. 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 There are no trails proposed for this parcel. RECOMMENDATION: Staff recommends tabling of the Rappaport 8040 greenline application in order to address the following concerns: o the driveway design is excessive, the driveway should provide direct access to the garage from Ute Avenue and be minimized as much as possible; o that the applicant demonstrates that this design or alternate design aids in the transition of development from urban uses to forestry uses, (purpose c); o that the applicant demonstrates that this design or alternate design enhances the natural mountain setting, (purpose f); If the P&Z finds the current design appropriate or finds an alternate design appropriate, the staff recommends the following condition: o the applicant shall provide, to the satisfaction of the Planning Office, a driveway design which provides direct access to the garage from Ute Avenue and minimizes the driveway, as much as possible; o that only one fireplace be installed and that fireplace contain and burn only gas logs; o prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; o if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; o a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly 5 and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; o prior to construction a detailed storm drainage plan and a detailed revegetation plan shall be submitted to the Engineering Department; and o culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. 6 EXHIBIT A fi-'.V Â· 1.L- .:... r' - - - in- IJ F.0 .-U 1 16 32 . 1.1, 4 1 . \-0. 30 '00 231 L.1. L.1-1.1.- --- .4 1 ~50Â· 29 traci 21 10 17 (<-9*10Â® 22 Â£ Â· R 15 -1 9 27 I (PU D) 26 0 19 P I . 11 407 7 6 10 24 - 5 4 7 4 9 U J 8 e 1 0 7 - R-15 R-15 6 2/ - (PUD) (PU D) 14 A 4 2 1 1. 14 R -15. 244 ; F Â· . -/ (PUD)< H - - -- 4%.1 UTE UTE CEMETERY CHILDRENS P. P I6 ,1 PARK - - 2 --7 1 - 1 E (P U D) CPU D) 8 -'-t 41 ~4%.14 44. 3. LIMITS 3 , CITY 1- ..t C ..i#r. 0 4 === fÂ·,21â€¢' ~UBJECT PROPERTY f 6 42 4 .. -~ C 4' () , Tr '. ..... r 4 +3 2. tÂ· 1 Â·k.Â·rÂ· 4.+. 1 ltÂ· 1- M;Â£ i EXHIBIT B VANN ASSOCD\TEE - Iâ€¢.r-,Inri i April 14, 1988 HAND DELIVERED Ms. Cynthia Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Rappaport 8040 Greenline Review Dear Cindy: Please consider this letter an application for 8040 Greenline review for the Rappaport residence, a proposed single-family structure to be constructed on Lot 5 of the Hoag Subdivision. The Hoag Subdivision is located within the Aspen city limits on the south side of Ute Avenue. The application is submitted pursuant to Section 24-6.2 of the Municipal Code by Gary and Susan Rappaport, the owners of the property. A commitment for title insurance evidencing the Rappaport's ownership is attached hereto as Exhibit A. Permission for Vann Associates to represent the Applicants is attached as Exhibit B. Project Site As the accompanying survey illustrates , the project site contains approximately 15,811 square feet of land area and is zoned R-15, Mandatory PUD. Surrounding land uses include the Ute Cemetery, which is located directly across Ute Avenue from the site, a duplex to the west on Lot 4 of the subdivision, and vacant BLM lands to the south and east. An existing road, which provides access to Lot 3, parallels the site's southeastern boundary. In general, the topography of the site slopes up and away from Ute Avenue and towards the existing access road at the rear of the property. There is a gentle bench within the otherwise moderate north facing slope on which the proposed residence Will be built. The elevation dif- ference across the site is approximately thirty (30) feet. P O. Box 8485 Â· -soen. Coloraao 81612 Â· 303.925-6958 Ms. Cynthia Houben April 14, 1988 Page 2 Natural vegetation consists primarily of numerous aspen and fir trees which are scattered around the periphery of the site. All major utilities are presently available within the Ute Avenue right-of-way. Proposed Development The Applicants propose to construct an approximately 4,100 square foot, single-family residence on the property. The proposed structure is exempt from the City's growth management regulations pursuant to Section 24-11.2(c) of the Code. Lot 5 was created prior to November 14, 1977 as evidenced by the Hoag Subdivision plat which was approved by the City Council in 1971. Mandatory PUD Although the property has been designated mandatory PUD, compliance with the City's planned unit development regulations is not required. Pursuant to Section 24-8.13 of the Code, the construction of a single-family residence on a separate lot is expressly exempted, a PUD designation notwithstanding. Subdivision Review Pursuant to Section 24-6.2(a) of the Code, all development above, or within fifty (50) yards below, the 8040 green- line is subject to the City's review and approval. The purpose of this review is to "insure that all development is compatible with the prevailing slopes; to provide for the least disturbance of the terrain and other natural land features; 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". With respect to the specific review requirements of Section 24-6.2(b) of the Code, the following comments are provided in support of the Applicants' request for 8040 Greenline approval. 1. Water service to the project will be provided via the existing eight (8) inch main located in Ute Avenue. The Water Department has indicated that connec- Ms. Cynthia Houben April 14, 1988 Page 3 tion to the existing main is acceptable, and that the municipal water system has sufficient capacity and pressure to accommodate the project (see Exhibit C, letter from Jim Markalunas, Director, Aspen Water Department). The project will also be connected to the existing sanitary sewer located in Ute Avenue. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated with no improvements to existing sewer lines or to the treatment plant (see Exhibit D, letter from Heiko Khun, Manager, Aspen Consolidated Sanitation District). 2. As the proposed site plan illustrates, the structure will be accessed via a circular driveway from Ute Avenue. The driveway garde is such that fire protec- tion vehicles can readily access the structure. A fire hydrant is conveniently located on the north side of Ute Avenue across from Lot 4 of the Hoag Subdivision. Snow removal from the proposed driveway should not be a problem. 3. As the attached reports from Chen & Associates and Nicholas Lampiris indicate (see Exhibits E and F), there is very little potential for geologic hazards to adversely affect the project site. No indications of massive instability of the natural slopes were observed in the immediate site area. The proposed building envelope is protected from avalanche and rock fall danger by the dense tree cover on the hillside above the site and by the existing road which parallels the property's southern boundary. To further enhance safety, no windows will be located at grade at the rear of the structure, and the site will be graded so as to help divert potential gravity driven rock fall. 4. The project's storm drainage system will be designed to maintain historic flow rates with respect surface runoff and ground water recharge. On-site drywells and/or surface detention facilities Will be utilized to intercept and detain runoff from roofs and impervious areas, and to control the rate of groundwater recharge. All disturbed areas will be revegetated or otherwise stabilized in order to prevent erosion. In the event a detailed drainage plan is required, it will be prepared and submitted to the Engineering Department prior to issuance of a building permit. The specific recommen- dations of the Chen report pertaining to surface and Ms. Cynthia Houben April 14, 1988 Page 4 foundation drainage Will be strictly adhered to in the design of the project. 5. Woodburning devices will be limited to one (1) fireplace. The project complies with the City's adopted regulations pertaining to woodburning devices and, therefore, the structure's impact on air quality would appear to be acceptable. The Applicants will also adhere to any requirements that may be imposed by the Environmen- tal Health Department with respect to fugitive dust control during construction. 6. As the accompanying site plan illustrates , the proposed structure has been located on the flattest portion of the site's allowable building envelope in order to minimize excavation. The proposed driveway essentially follows the existing topography and Will require a relatively limited amount of regrading in order to construct. Given the shape of the parcel, and its topographical and vegetative characteristics, no other building footprint or driveway alignment is reasonably available. 7. The proposed structure has been sited so as to require a minimum amount of cut and fill given the property's existing topographical characteristics. As the accompanying architectural drawings illustrate, the structure will be recessed into the hillside. The maximum cut depth at the rear of the structure will be approx- imately fifteen (15) feet. All slope cuts, however, will be permanently retained, and the recommendations of the Chen report with respect to cut and fill, retaining walls and site grading Will be strictly adhered to. The proposed building footprint will result in a minimum loss of mature vegetation and all disturbed areas will be appropriately revegetated or otherwise stabilized. 8. As noted above, the proposed building footprint is the only reasonable building location given existing site constraints. The only regrading required will be for the building and driveway. The remainder of the site will be retained in its natural state as open space. 9. The mountain is perceived primarily as the densely wooded area above the road at the rear of the site. The proposed structure has been located close to Ute Avenue and designed in such a manner as to minimize Ms. Cynthia Houben April 14, 1988 Page 5 the perception of bulk. As the accompanying architectural drawings illustrate, the structure's roof slopes steeply back from the street, varies in height along its length, and is approximately one (1) foot below the maximum allowable height limit. Building materials will consist of wood siding and a non-reflective metal roof. Natural colors will be employed to help blend the building into the surrounding hillside. Based on the above, we believe that the Applicants' development proposal complies with the requirements of 8040 Greenline review and, therefore, respectfully request approval of the project as submitted. Should you have any questions regarding our application, or if we can be of any further assistance, please do not hesitate to call. As the Applicants wish to commence construction as soon as possible, any assistance you may be able to provide in expediting our request would be sincerely appreciated. Very truly yours, VANN ~SOCIATES, ZtNQ~~ r/1 Sunny Va~fl), AICP SV:CWV Attachments EXHIBIT C CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 ASPEN WATER DEPT April 5th 1988 VANN ASSOCIATES P.O. Box 8485 Aspen, Colorado 81612 Dear Sunny: Regarding: RAPPAPORT Residence, Lot 5, Hoag Sub Div, Ute Ave. In regards to our discussion concerning the RAPPAPORT residence, This letter is to advise you that water is available from an 8" ductile iron main located in Ute Ave. Sufficient Water quantity and pressure are available to provide adequate service to the proposed Single Family residence. Your client may obtain Water Service upon application and payment of a Water Connection Permit. Should you have any further questions please feel free to contact me. ncerefy; <1 A #-dIM MARKALUNAS EXHIBIT D Aspen Gonsolidated Sallitation District 365 North Mill Street Aspen, Colorado 81611 Tele. {303) 925-3601 Tele. 303) 925-2537 April -, 1988 Sunny Vann Vann Associates Inc. P. 0. Box 8485 Aspen, Colorado 81611 Dear Mr. Vann, This letter is to verify that the Aspen Consolidated Sanitation District can service the single family residence that is being proposed for Lot 5 in the Hoag Subdivision. Sincerely, /40& 4=- Heiko Kuhn, Manager Aspen Consolidated Sanitation District Clien &Associates Glenwood Springs, CO 81601 Colorado Springs 5080 Road 154 Casper EXHIBIT Consulting Geotechnical Engineers 303/945-7458 Denver ~ Ft Collins Phoenix Rock Sorings Salt Lake C W San Antonio SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED RESIDENCE LOT 5, HOAG SUBDIVISION, UTE AVENUE ASPEN, COLORADO Prepared For: Gary and Susan H. Rappaport 3940 Waldon Shores Road Wayzata, MN 55391 Job No. 4 438 87 November 30, 1987 TABLE OF CONTENTS CONCLUSIONS 1 PURPOSE AND SCOPE OF STUDY 1 PROPOSED CONSTRUCTION 2 SITE CONDITIONS 2 FIELD EXPLORATION 3 SUBSOIL CONDITIONS 3 FOUNDATION RECOMMENDATIONS 4 GROUND FLOORS 5 FOUNDATION AND RETAINING WALLS 6 UNDERDRAIN SYSTEM 7 SITE GRADING 8 SURFACE DRAINAGE 9 LIMITATIONS 9 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURE 4 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS Chen&Associates CONCLUSIONS The subsoils encountered at the site consist mainly of rela- tively dense silty sandy gravels. The proposed residence should be founded with spread footings bearing on the natural granular soils below topsoil and designed for an allowable soil bearing pressure of 3000 psf. Precautions should be taken to maintain stability of the uphill temporary excavation. Other design and construction criteria relating to geotechnical aspects of the proposed residence are presented in the body of the report. PURPOSE AND SCOPE OF STUDY i This report presents the results of a subsoil study for a proposed resi- ! dence to be located on Lot 5, Hoag Subdivision, Ute Avenue, Aspen, Colorado. The study was conducted for the purpose of developing foundation recommenda- tions for the structure. The project site is shown on Fig. 1. The study was conducted in accordance with our proposal for professional services letter to Gary Rappaport, c/o JDM Construction, dated October 27, 1987. e A field exploration program consisting of exploratory borings was con- ducted to obtain information on subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine engineering characteristics and classification of the on-site soil. The ~ results of the field exploration and laboratory testing were analyzed to ! develop recommendations for foundation types, depths and allowable bearing ~ pressures, and for site grading. The results of the field exploration and laboratory testing are presented in the report. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and Chen & Associates a discussion of geotechnical engineering considerations related to construc- tion of the proposed residence are included in the report. PROPOSED CONSTRUCTION At the time of our study design of the residence was in progress. We were provided a site plan by Bentz/Thompson/Rietow, Inc., dated November 11, 1987, that shows the building outline and proposed grading. The building is planned to be cut into the hillside and daylight on the north side. Cut depths with full height retaining will he up to about 15 feet. The building location and contours as provided are presented on Fig. 1. The building will be two to two and one-half stories of wood frame supported on concrete foundations. For the purpose of this study, we assume foundation loadings will be relatively light. If building or grading plans change significantly, we should be contacted to provide geotechnical review of the plans and perform additional analysis as needed. SITE CONDITIONS As the contours on Fig. 1 show, the site is strongly to steeply sloping down to the north. The property is situated between Ute Avenue on the down- hill side and an access drive/nordic ski trail on the uphill side. Above the access drive the grade becomes very steep and forms the south side of the Roaring Fork Valley. Elevation difference across the building site is about 18 feet and about 30 feet across the property. Vegetation consists of grass, brush, aspen and scattered evergreen trees. A few inches of snow covered the site at the time of our field work. Scattered small boulders were observed on and above the property. Indications of massive instability of the natural slopes were not observed in the gren of the property. Chen&Associates -3- The property is located near the lower limit of an area mapped as being potentially impacted by avalanche. There is an historic avalanche track a few hundred feet to the west of the property in the Hoag Subdivision. The site could also potentially be impacted by falling rocks and debris flow. The rocks exposed at the ground surface are relatively small and no debris flow indications were observed. The access dirve above the property will help catch and divert falling debris and runoff. Based on our observations, we believe the risk of adverse geologic impacts on the site during the structure life to be low. FIELD EXPLORATION The field exploration for the project was conducted on November 11, 1987. Two exploratory borings were drilled at the locations shown on Fig. 1 with a 4-inch diameter continuous flight auger powered by a truck-mounted drill rig. The borings were logged by a representative of Chen & Associates, Inc. Samples of the subsoils were taken with a 1 3/8-inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140-pound hammer falling 30 inches, similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSOIL CONDITIONS Graphic logs of the subsoil conditions encountered at the site are shown on Fig. 2. The subsoils consist mainly of relatively dense silty sands and Chen &Associates -4- gravels with cobbles and boulders. The coarse material is subangular, appar- ently derived from the steep slopes above the site. Drilling in the subsoils with auger equipment was difficult due to the density and size of the coarse material. Laboratory testing performed on samples obtained consisted of natural moisture content and gradation analyses. Results of a gradation analysis performed on a small diameter drive sample (minus 1 1/2-inch fraction) of the subsoils are shown on Fig. 4. The laboratory testing is summarized on Table I. No free water was encountered in the borings at time of drilling. The subsoils were slightly moist. FOUNDATION RECOMMENDATIONS Considering the subsoil conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the structure be founded with spread footings bearing on the natural granular soils. Due to the elevation difference across the site, the foundation bearing level will vary from a few feet to about 15 feet below the natural ground surface. The design and construction criteria presented below should be observed for a spread footing foundation system: 1) Footings placed on undisturbed natural granular soils should be designed for an allowable soil bearing pressure of 3000 psf. A one-third increase in the bearing pressure can be used when calculating maximum toe pressure of cantilever retaining walls. Based on experience and the assumed foun- dation loadings, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less and essentially occur during construction. Chen &Associates -5- 2) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for columns. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protec- tion. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pres- sures as discussed in the "Foundation and Retaining Walls" section of this report. 5) Prior to the footing construction, all existing fill, topsoil and loose or disturbed soils should be removed and the footing level extended down to the natural coarse granular soils. This may require deepening the foot- ings below design elevation in some areas. Care should be taken when excavating the foundations to reduce disturbance of the bearing soils. Voids resulting from boulder removal below footing elevation should be backfilled with concrete or compacted soil. 6) A representative of the soil engineer should observe all footing excava- tions to evaluate bearing conditions prior to concrete placement. GROUND FLOORS The natural on-site soils, exclusive of topsoil, are suitable to support lightly to moderately loaded slab-on-ground construction. To reduce the effects of some differential movement, nonstructural floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor s] ab control joints should he used to Chen&Associates -6- reduce damage due to shrinkage cracking. We suggest joints be provided on the order of 15 feet on center. The requirements for slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4-inch layer of gravel can be placed beneath the slabs to aid in drainage and facilitate construction. This material should consist of minus 2-inch aggregate with less than 50% passing the No. 4 sieve and less than 5% passing the No. 200 sieve. All fill materials for support of floor slabs should be placed and compacted as discussed in the "Site Grading" section of this report. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 40 pef for backfill consisting of the on-site granular soils. Cantilevered retaining structures which are separate from the resi- dence and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 35 pef for back- fill consisting of the on-site granular soils. All foundation and retaining structures should be designed for appropriate surcharge pressures such as traffic, sloping backfill, snow storage, etc. For example, a lateral earth loading of at least 60 pef should be used for a backslope of 2:1 (horizontal to vertical) above a cantilevered wall. The pressures recorrmended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on the Chen &Associates -7- foundation wall or retaining structure. An underdrain should be provided at the base of the wall or retaining structure to prevent hydrostatic pressure buildup. The lateral resistance of foundation or retaining wall footings placed on undisturbed natural soils will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.5. Passive pressure against the sides of the footings can be calculated using a pressure of 400 pcf equivalent fluid unit weight. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive resistance. Wall backfill should be placed in thin horizontal lifts at near optimum moisture content and compacted to at least 90% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment as this could cause excessive lateral pressure on the wall. UNDERDRAIN SYSTEM Although groundwater was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater may develop during times of heavy precipitation or seasonal runoff. Therefore, we recommend below grade construction be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drain tile placed in the bottom of the wall backfill surrounded above the invert level with free-draining granular mate- Chen&Associates -8- rial. The drain should be placed at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. SITE GRADING The proposed ground floor level will require a relatively deep uphill cut and there is a risk of construction induced slope instability, especially if groundwater seepage is encountered. The soils in the area can typically be cut at a l horizontal to 1 vertical grade without massive slope movement. Fill material or other materials should not be placed at the top of steep cut slopes since this will increase loading and the risk of instability. Surface grading should be directed away from slope cuts. We expect all cuts will be permanently retained. If unretained cut and fill slopes are used, they should be graded at 1 1/2 horizontal to 1 vertical or flatter. Surface water should not be allowed to discharge uncontrolled onto cut and fill slopes or the natural slope below the access drive. Graded slopes should be revegetated or protected from erosion by other means. The on-site natural soils exclusive of topsoil and rock fragments larger than about 8 inches are suitable for use as fill below slab, parking and drive areas, and as foundation and retaining wall backfill. Excavation of the soils should be possible with heavy duty equipment typically used in the area. Very large boulders and deep frost could be encountered. Fill placed beneath slab and pavement areas should be compacted in thin horizontal lifts to at least 95% of the maximum standard Proctor density at a moisture content within about 2% of optimum. Pricr to the fill placement the subgrade should be carefully Chen &Associates . -9- prepared by removing all vegetation, topsoil and existing fill and compacting the natural subgrade to 95% standard Proctor density. Nonstructural landscape fill should be compacted to at least 90% standard Proctor density. Fill should be benched into portions of the site steeper than 20% grade. The fill should be observed and tested for compaction on a regular basis by the soil engineer. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed. 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. 3) Free-draining wall backfill should be capped with about 2 feet of finer grained soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. LIMITATIONS This report has been prepared in accordance with generally accepted geo- technical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1 and the proposed type of construction. The Chen&Associates -10- nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, this office should be advised at once so reevaluation of the recommendations may be made. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. tkÂ·.5 >.6 7 E />et.-7,* Very truly yours, 1 4 ... 2 e:'r Â·a Cl Â·A ' * 0 1 V CHEN & ASSOCIATES, INC. 1 5222 'j . 4 ty 4.: j; E .1 .5. a f 0. 01.. 87 By St-- 32'./24 4411.4 (/F C 13'.>,El>' Steven L. Pawlak, P.E. SLP/ec cc: JDM Construction Attn: Duane Stewart Chen&Associates EXHIBIT F Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0554 HIGHWAY 82 CARBONDALE. COLORADO 81623 (303) 963-3600 Aorii 14. 1988 33 unn v V Â·ann 210 S. Galena Asoen, CO. 31611 ot 5. Hoaa Subdivision wear Mr. Vann: 7 kn a Â·-0 commleted mv geologic Investigation of the aoove reterenced lot alona the south side of Ute Avenue. Agoen. Coloraclo. The or-ooertv Ls near the southeast corner 04 the !own ot Aspen, within the Aspen 1/2 minute quadrangle, Pitkin Countv. Colorado. The buildinG envelope is in a triangular area below an access road to another home, with another side of the triangle being Ute Avenue. There is a gentle bench within the otherwise moderate north facing slope where the home will be. Much 0+ the property and the hillside above is covered with conifers. Inere is a large outcrop above and to the west 0+ the site to which the Ute Trail ultimately goes. The geology of the site consists of a veneer of colluvium (the Geologic quadrangle map bv Bryant mass this material as talus) overlving the Precambrian aae quartz monzonite wnich is in the subsurface. The front edae of the lot consists of Quaternary age moraine deposits. but construction of the home will be somewhat further up the hill and will not be on these Gilts. sands. cobbles and boulders. Faults are not mapped through the site and there is no evidence of recent activity on those on the hillside above the site. Although the hillside behind the home is fairly steep. it only has a potential rockfall hazard further to the east. I believe that the site is relatively safe because of the heavy tree cover on the hillside above and the presence of the access road/Ute Trail above the homesite, which will act to divert or even stop gravity-derived hazards. Nevertheless. I think it is important that the rear wall of the foundation not only act as a retaining wall to the cut toe of the hillside, but also protrude at least four feet above finished grade with no doors or windows so that any snow slides or infrequent rocks which ma: reach the site will do no damage. It would also be a good idea to have this same design along the west side of the home so that rocks which pinwneel from April 14. 1988 Lot 5. Hoag Subdivision Pace Two the Ute outcrop toward the site and might get through all of the tree cover, will not be able to do significant damage to the side of the home. It la further mv understanding that the home has already been designed. to some extent. with these factors in mind. I have reviewed a report by Chen and Associates on the soils commitions of the site and will defer to their recommendations in this respect. I would like to reaffirm that steps gnould be taken to Insure proper and positive arainage around the home. The driveway above the site should not act as a conduit of runoff to Lot 5. The borrow ditching and whatever culverts are oresent on this driveway should be. to the extent that 'ou have the ability to suggest modifications. not be directed toward the homesite. [ believe that municipal water and sewer are available to the site, and access is easilv attainable off of Ute Avenue directly to the proposed homesite. I conclude that if the preceding r-ecommendations are followed, there is verv little potential for geologic hazards to negatively affect this Â·site. Snow slides will be minor and will probably be stopped by the ore-existing driveway/Ute Frail, and rocks are not likely to reach the site, both because of its topographic position somewhat to the east of the major rockfall. ana the dense tree cover on the hillside above. If there are further questions. please do not hesitate to contact me. Sinferely, '04 1 1 /1 - , L.tot 4Â£26( 1-1-f'5'U Nicholas Lampiris Consulting Geologist NL/clk EXHIBIT G WAYNE L. VANDEMARK, FIRE MARSHAL 420 E. HOPKINS STREET ASPEN, COLORADO 81611 (303) 925-2690 r - . . 1.-6 1: f. ' 1 2 0/'Â· ' i ' i U) i TO: TOM BAKER, PLANNING 1 /1 CAA,3 lt* FROM: WAYNE VANDEMARK ~<t < APR 25 3% LJ \1~ RE: RAPPAPORT, 8040 GREELINE j DATE: APRIL 25, 1988 I have reviewed the application for this project and find that fire protection in the area is adequate. The fire department can respond within four minutes to this address. 82 7 Â·imm.<*-erÂ·,1 ~4. ASPEN*PITKIN ENVI %Â« NMENTAL HEALTH DEPAL. .MENT EXHIBIT H MEMORANDUM TO: Tom Baker Planning Office From: Lee Cassin -30 C Environmental Health Department Date: April 28, 1988 Re: Rappaport 8040 Greenline Parcel ID# 2737-182-68-004 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office, which is a recognized land use referral agency, by the Aspen/Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant has agreed to serve the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring projects "which use water shall be connected to the municipal water utility system". AIR QUALITY: The applicant proposes to install only one fireplace in the building. The applicant does not say how the project will be "limited" to only one fireplace. If this limit is a deed restriction, this project will cause less air pollution than allowed under the law since it Will not install an allowed certified stove in addition to the fireplace. How this is to be enforced needs to be clarified. The fireplace to be installed will have to contain gas logs and be used only with gas logs. Wood may not be burned in the fireplace, under regulations the City of Aspen has committed to having in effect by June 1, 1988. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 Â·NAT -719....i thi, *4 ASPEN*PITKIN ENVI n.- NMENTAL HEALTH Â¤EPAL . . .~ENT A fugitive dust control plan must be submitted to this office and approved prior to any construction. NOISE: Noise is not expected to be a problem except possibly during construction, at which time, the applicant should limit construc- tion activities to from 7 am until 10 pm. CONFORMANCE WITH OTHER LAWS: Contaminated Soils: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 A.1 EXHIBIT I MEMORANDUM TO: Tom Baker, Planning Office FROM: Jim Gibbard, Engineering Department (* DATE: May 18, 1988 RE: Rappaport 8040 Greenline Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The applicant has indicated that recommendations submitted by Chen and Associates will be followed. We would also recommend that a geotechnical engineer be required for inspection during construction and that a C.0. not be issued until that engineer is satisfied that the above recommendations have been followed. 2. A detailed storm drainage plan will need to be. submitted to the Engineering Department. 3. The applicant has indicated that revegetation will occur in those areas that are disturbed. A detailed plan for this revegetation should be submitted. 4 4. The applicant has indicated there will be regrading done for the construction of the driveways. We will require that culverts be placed in these driveways and that the existing drainage ditch along the street be improved to provide for adequate drainage. jg/rprt8040 cc: Jay Hammond r Chuck Roth h U EXHIBIT B April 8, 1988 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent us in the processing of all required applications for the development of Lot 5 of the Hoag Subdivision which is located on Ute Avenue in the City of Aspen, Colorado. Mr. Vann is hereby authori- zed to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Very truly yours, 0 ho . 4 45<1.Li /gRU JUJÂ¢1- lunypaport U 91 0 SV:CWV * L VANN ASSOCIATES Planning Consultants March 31, 1988 HAND DELIVERED Mr. Chuck Roth , - Assistant City Engineer 130 South Galena Street Aspen, Colorado 81611 Re: Rappaport 8040 Greenline Review Dear Chuck: The purpose of this letter is to confirm my understanding of the Engineering Department's position with respect to various issues pertaining to the proposed construction of the Rappaport residence on Lot 5 of the Hoag Subdivision. As we discussed with Jay this morning, the Rappaports propose to locate the residence approximately twenty-five (25) feet from the front property line, the minimum required setback i Ii the R-15 zone district. It is my understanding that the Engineering Department will not require that the setback be measured from the ten (10) foot strip previously reserved for the widening of Ute Avenue, since sufficient right-of-way appears to exist should future improvements to the street be necessary. 6/ It is also my understanding that you will allow the 804$ 1 Rappaports to regrade the area between their property line epÂ»/ and the street in conjunction with the construction of the residence's driveway provided, however, that no berming UJ,A occurs within the public right-of -way and adequate provision is made for street drainage. The grading plan should also maximize, to the extent feasible, the reten- tion of any significant natural vegetation which might be located in this area. With respect to the residence's western driveway entrance, it is my understanding that the driveway may extend beyond the Rappaport's property line provided, however, that no regrading of the adjacent property (i.e., Lot 4) is re- quired. P.O. Box 8485 Â· Aspen, Colorado 81612 Â· 303/925-6958 C Mr. Chuck Roth March 31, 1988 Page 2 I believe that the above represents the essence of our discussion. If I have erred in any way, please do not hesitate to call. It is our intention to base the proposed site plan for the residence on this understand- ing, and to incorporate the plan in the Rappaport's 8040 Greenline application. Inasmuch as we would like to submit the application asÂ· soon as possible, we would appreciate a prompt response should you have any problems with our approach. Thanks again for your assistance. Very truly yours, VANN ASSOCIATES~XINC. Sunny ~rfn, AI CP sv: cwF cc: Cindy Houben'h~ Gary Rappaport A70'~1!T, Â·r-, T &41, ,1.119â€¢C'41 ~ EXHIBIT A low>Â»ers Title Insurance Corporation :31,00,9, ,-,(CCUOF.ers 4 En,orc V -1 ria COMMITMENT FOR TITLE INSURANCE SCHEDULE A E'fl, : '.* 23!.9 A-,gust 2'. 9'37 -=: c :09 A.>1. C ise N ': _22- 16 6- 4 7 2 PolicÂ·,Â· rÂ·,r :% c ..C PS !Â¢ re 'SQUel 0, Ame _rÂ· s 2.-Car 1.0. '11':3':Â·25Â·U-) .5' j 2- ALTA C,Â·.re, 9 001 A -Form. 9 1972 :Rev 110- ' 7,7,3 & Rev 10- ' 7-94, ALTA Ls dertial T t'fe i;.surarce Polic~-1 979 pooosec Ins Jrea (161' B. F...0-P/JUU zin 9.'32Â·21 H. FUETAAPI b) ALTA Lcan Policy 1970,Rpv 10Â·17-70&Rev 'C-17-84) Amount S Proposed ,nsurea ICI Amourt S Proposed nswed TAX (InIF ICATE S 5.00 3 Title to tne Â· - estane or interest in the land - I o . c 1 -G . descrioed or referred :o In thus Commitment is at ine effec':ve date mereof vested in DAVE C. C.Caâ‚¬ 03 2.UIT. CLIZARD 4 The land referred to in (his Commitmern ,s described as follows 1.Or 5, HOAG SUBDIVISION, CCLNE CE P l'Ill.N, STATE oF CCLORAIX) Pitkin County Title, Inc. 601 E. Hopkins Aspen, Colorado 81611 \%44\ / 5.ntersig-prt)t liper. 001,04(0 Commitment No POT-1056-87 Scheaule A-Page 1 -- This commitment is invalid uniess Authorized Office~ or Agent the insuring Provis tons an C S che d ai .O,c~W /1 unes A and 8 are attached ~glu~>'ers 'Title insurance U,rporation Nal,oral rearlowa':rs Q 'Ch - on 1 VÂ·'c 1 .a SCHEDULE to-jection 1 Requirements '"1" .1 3 3 1'"' '-au ror""'tb Â·- 2.1 r.u.,Di e,1 7.|th - 7-nonÂ· :o or in' 9-p accou'll :' ''Â·â€¢2 El,intors or ,"ort Ja cc's Â·21 p e h.,1, c J -5 1.jerallon tor thEE esta:e or Â·rite,es, ' b e irsore,2 IÂ·run i 'Â· P' 0-0;'er i."St,u-pr':15 ...ea: rli tÂ·'e Â·rs:,ate or Irterest :,J Le Â·Ing_,rec nin.st Ceexecuteclana d.rÂ·.Â· f ded 'crreccrc ' ' B Release 7- L:te D-'.,le iristee of the aus.v of Pick= of: 2% .5 71.St fl-r, 2-'AU C. ICOKE au JULI '1238 .r cne use or L'Â·NIÂ·1'EK EAK< CE EC'FC TrÂ·rfEH to sey=re 9 2 50, 10. Co datec >lav 2 , .. v, CAL ecorded : bune 0, 1985 i.-. Book .87 a: Page 609 -23'2." * .- 1,â„¢ 'LA 749 ( 2 ) Deed fran : DAVID c. JOCKE and PITI'ZI CLI:URD to : GARY B. RAPPAPORT and SUSAN H. RAPPAPORI C 3 ) Cercificate frI t'ne ?tao,ners .Usociation e:.dencing the fact :hat all fees ard expenses currezzly due ard Â®'2010 1:82 been ?aid in tud ~11 are not delin~ent. (4 ) Eviderce 53:.sfactorv te :he u-Trcany C:at the Real Estate Transfer IUx as established by Ordinance Â». 20 (Series of I979) has been Dad or e.enpced. (53 (Cor[ .ficate of Ncr.:creign Stacus, signed by JAUD ' m -4,#Un Ths CO- in :tmeriti: inÂ·.Â·aild unless Ille "'St]'15Â·.0 P,Dvis,C,ns anc Sched Schedule BÂ·Section 1Â·Page 1 -Commitment No PrT- 1(18#-,47 iles A and B are attacner! I .... k - Aâ€¢ 00 . ' ~Wyero 11[le Insurance ~rporuiion '.AT ONAL -EAIC.AR-ERS ROMOLD ./IRS NIA SCHEDULE B-Sectio- 2 Exceptions -he Melicy or Dolicies ic oe iss.ed w,H conta n excepâ€¢,ors 10 +.e folioÂ·. rg -,rdess Â·he same cre d,sposed cf D we 5 ]1: sfacTion cf the CcrnoanyÂ· Rights or cÂ·aims of oartles n possession not spown by 'he public records 2. Easements, cr c cÂ·ms c; easements, not shown by the pwolk recorcs 3. DiscreporcÂ·es <crntlicÂ·s in Ecurdory I nes. snortace In crec. erc'coch-ents. ana cny rects -mch c .crrecâ€¢ 57Â·Â·ey :na -scec.or of the DrerÂ·i,ses woula aisclose (ind w",ch are sc: $*cwr bv Â·-e public 'ecorcs. Ar,v :,en or right 'c a I en, io, ser-vÂ·ces, kiboÂ· 0- mater'al heretzâ€¢ore or ne,eatter fur-Â·shed, .-Â· posed oy ow ard rot rown by the public reco.ds. 5, Defects ens, prcurncronces, adverse claims or other matters. i cny, created, frit cooear,-g ,n the ouot c -ecords or attaching subsequent to the effect,ve date herecf but prier to the date 2. proposed 'nsured acquires 04 record for value the estare or irlerest or mortgage thereon covered vy This Commitrrent. c. raxes due and pay-acie ; and any t ax. special assessrnnts, charge or Lien irposed fer water or se:er service, or for any ether special taxing distr.ct. Reservati.-cs ard exceptions as contained LE United States Pattnt reccrded August 25, 2349 in fock ~,3 at Page 229 ,as (211:ws: rlgnt of way fer clitcnes Or :ar,31: Const ruc=ecl by tne s.:hor.ty Of tne l-:11:ed States. B. Utllitv cia Public Trail Easâ‚¬rents, and a IC feet strip reser,ed for the C.ty Of A.soon :cr L:te widening of Ute A.vomie as shan :ri yap of licag EÂ·Niv.sicn recorded theter 3, 1 97 ! in Plat 3Â»k 4 a[ PaÂ·ce 213. Exceolions numbprprl nre heieby ornmed. *48 C.vne,; Polic, to r, 1.5.ed, 9 3-v, snail ce.-!0,0 Ine (Ci o.Â·.Â·ing lie-5 in oacm,on to the O.95 set forth ccove The Deed of Trist, f 21'"40 reclu,red unaer Senâ‚¬Â·due 2-Section 1 fern lb' 2 Ur'oate.-Â·,d Â·nir rg c.al:ns, roseÂ·Â·v,o:Â·.-5 or eicertic,5 m ccients or Â·n Acâ€¢s authorizing issÂ·-c]-ce Â·Â·-e'leo' ..,Ole- r onÂ·, C,Clims Dr .1. e to Â·Â·,0*er. 2 Any ona c:i Â·unpaid fc:yes cssessments and un'edeemed tax soles Schedule B-Sect,on 2-Page 1-No. Form 9' 88 82 mockv Mt Imryâ‚¬ b Title Insurance (brpo lion .GI on..1 Â«'-1 -'.2"e S a .4.9 1.d COMMITMENT FOR TITLE INSURANCE AA,vE-3 -1-LE 'NSURANCE CORPC)RAT CN 3 V -gÂ·r,0 :croc-3, 0- rere,n Ja.,ed :Â·e 2 jzpanv for .a,uan,le Cons deratior neres\' collmits to Issue its Joi cv or Dclic es of :Itle rs drance as ce,ititied in Scheaule A In faver of --e croposed Irsu ea narred In ScnedLIe A as owner 0- r.ortgagee N re es:are or .tereST covered heret)v in tre tape cescr eec or reter,ec ic i n S c-eau,e A upon Dav ner, 1 c f :Ke DrerruL irs a Â·1 2 -narges therefor ill sutnect to the orovisions ct Scne=ules A anc 8 ana to ee Cor,ditions and Stiou ations rerect irls Cor"nitment snal; De effec:i. e oÂ·Iv wÂ·len I ne igent :' cf :ne prorosea Ir, surecanc :-eamount of re pclicv or rel c es cos mit'eo tor rave Deen inserTea + Sched. e A hereoÂ· bi tre C or"canv e i t her a I : Â·Â·e t - e ot the i S suar,ceof : -, s Comir-irT." cr tv subseader'. -2~i'3(Drsemen- - 1,5 Corrmit-ent s ore r.r aÂ·v to :I-e issi,ar ce of s_cs 02 :cÂ·, or p.-1 cies of â€¢.tie ],surance ana all liability a-a ob('gar ers reÂ·e..rcler shall crase 3-na verrntrate 3,x o' ron:ns a"er :nâ€¢= + fies: ve cate nereot or wnerl tne pol,cy or 201'Ces :c'rrr Â·-ed'ors"all ss.,1 .Â·49'cre.ver â€¢Irstoccjrs Drot ceo:na:tbe'al,u e '01:;suesacrpollcvorzollcles,snoÂ·tre '3Ul: Ot the C.moaly This Cumrn vment :hall not be id dcrcincing Jr:; c oun:ers g ileablÂ¥ aciauthorizec officer oraaent IN WITNESS 7.41EPEOC. :'ie Cor-panv t.as causea t.nis CDÂ·-rmitrÂ·Â·eru to De signea ard sealed :c become valid vine. ccunters,gned ov artautrorized officer or agent ot tÂ·'e Corroany. al, inaccordance vvith,ts Bv-Laws This Commitrnert 's effective as ot re cate snown in Scnecule A as 'E'fect ve Cate " CONDITIONS AND ST'PULATIONS 1 The :erÂ·n ''rrcr:gage," wlÂ·en usea nere,r. shall inc:Lide ceed 01 :ast. tr-St ceed op other securÂ·ty instrument 2 If the Drocosed Insured has 0- acqu:res actual knowleage of anv cefec Lei encumbrance. aaverse claim or otner matter affec:,ng the estate or inteÂ·est or mor gage 'nereon coverec cv :.p,ls Corrm tmen: other Inar those shown F Sck ecule B hereor, anc snall fail,c d SC 'ose s Lcn knowle:ge to the Corroanv In wlting. t ze Com Janv snall be relietec frorn ! f abilltv for any loss or Elam age result ",a trom arD, ac: 0Â· re; ance re -een :c tne exient [ ne Companv iS Pre u dicec bv fa, , Lre tosodisclose s .cn knowiedge F : se C.rcposed Ins .rec snaildisclose s 1cn knowleage to,fe Company cr 1, tte Comcanv ctnerwise acquires ac:ual kncwteage oÂ· anv 5,1,cr, delec: ':en encumbratice. adverse claim or other matte., treCompanvatitsopticÂ·nmavamenc ScheouleBof tr sC:imm:tmentaccoraingly. outsucnamenamen'snall -Ot re,Leve the Company trom hability previous,v rcurree p.irsuant to Da-agraph 3 of these Conditions a.na Stpulations. 3 uabdity of the Con.pany urder this Corrmitment shall ce oniv :o :ke Â·~arnes ircposed insured anc Such parties nciliced unger t'le aefinition of Insured in tne form cr oclicy or colic,es commit:ed for ana only for actual loss ;rcurred m rellance nereon,n undertaking in good falm: a:to corroty with tne requirements hereof.or tb)toe,iminate exceptions shown in Sched-Be B or (c; to acquire 0- create the esta:e cr in:erest or mortgage :nereon covered bv this Commitment In re event snail such liab lity exceed tile arnount statec n Schedu:e A for the policy or policies commit:ed for and sucr, liabilin, is subiect to :ne insuring Drovistor,s anc the Conditions and St,Dulations ana the Exclusions from Coverage ot the form of policy or pol'cles cemmittea for In favor of Ike proposed Insured witch are herebv ncorporated by reference and are made a part of this Commitment except as expressly modified herein 4 Anv action or actions or rights of act:on that the procosed Insured mak nave or mai, bring against the Comoanv arising cu. of the status of the title to the estate or Interest or Ine status of the mortgage the'ecn ccve'ed bÂ¥ this Comr-tment mist be based on and are SGt)jecr m :Me orovisions of this Cominitment Imr>ers 11(le InsugÂ¥e Grporation Ne*, L Â«aâ€ž-rad-A j 0 _L-- /0~b President AtteSt 0 1J 0 1-- 7--1 Secretarv 1, I 09/23/87 10'01 ~612 9 -1-L NAPCO INTL - 31 Â°'f.,0 -.An t_ . 0 11"wrli/,1, :y -,64'L__M, R:-Â·pt,/ Ni, Rectireci FARRANTY DEED 1'11!>; 1>KE]}. Ali'. '1,1. 2-ly "' iu 87 kÂ·t.,4Â·6Â·, DAVID C. COOKE and TRUNT CLINARD 4100 International Plaza, Suite 500, Ft. Worth; t't |Ile . CaurIn Of ina St.llc .4 1 /1 Â«,0//9 Texas 7- .... USAN H. yx/*'. CT.Int ir 1 11/ Urk,ti 1 B. RAPPAPORT and S RAPPAFORT I hiâ€¢. $/e,11 alkÂ·..â€¢ 1. 3940 Walden Shores Road, Wayzata, Minnesota 01:De ('punly .f 1â„¢1 Stsic 01- 1'[J'ADW~i, grurtter: HIP<Exxrtll. 11, 9 the Â·mi:ut,r 6â€¢r m:.1 In fltrli,Ger.illrl rl< the ,un, 14 'ron and CO/looths ($10.00) - Â· Mul\RS. 4 *,wppj .,dh<,4,1 "1#1, 1.tkk| v .*le.mt,ill'thi. lut, PMOL Lkifthenwd. M,ld.rk| amgui. aili' in 11Â·iâ€¢g- 1"r~-*~r,(~ llâ€¢'10â€¢yr.int.|1.Ir~:'11~. 4,1. 1..,,ve, 2,41 , 1'1~1'rm, 11'11,â€¢ IAL yr,hice.14.114,rÂ·~,i:<i,Ii .idnâ€¢ 6Â·,rorr. #it Ihego,pa,p,Â·rl)Â·101;elher . i.hil, pâ€¢. .MiÂ·ent, .,f .Inv..itoute. 1,Â·Ing J/J hem- in the Clowvâ€žf Pitkin ind .Stitc ot Coterado <k>er,rÂ·ed w. A.,Il<m v Lot 5, Hoag Subdivision m kn-n t,>Â· 'Irce, and numher ax: 11 )(,ETHEM 411, .111 3 10 .inyi,1.,r #he hered,tament i ina appurl,nance, Iher:to bilong,ng. or in 2ny*Â·,ic ippcrtalring. ind the rn,nt,irl and r~,rr,iâ€ž... rrti':,1'1'kr â€žfit nÂ·,1â€žâ€¢inden. rvrll.. B~tle, anul rn,ills then,â€¢f. and Â»11 the ntatc, nght. title. wurncit. clairn Drul dcntind .hatscr,rr Alf th< 4 FrÂ·inic,r. iÂ·,44Â·r in l.nâ€¢ i,r equili'. *4. in aild it, the ahâ€¢< Urgitned prrmisei. w :th Che hcredlt.mcm, Ind .rr'uitcn,â€¢Ace.. TO 11 \V K AN D 11-0 110 1.1, t he i:,1,1 prÂ¢ illeâ€¢ ut, ve baâ€¢,01 ned and <kh nbcd. u th thi arr<tric nu ncrs. unlo the van ee . hi i hc irs ind lisi en t 69Â·uÂ·, 41.1 th.Â· Wimtoc, 1,whin:11. hiâ€¢ hein. Mt, J ,~nonal rep .,cni,tivei. J.Â£Â£:tiÂ·cn,lit. brant. h.,6.In..â€¢nd 05rcetâ€žwd .1,14 ihe Â¥, a,iti,e. 1,1,1,cir.and ' in â€¢ :in . ilâ€¢:â€¢ :,I i lic tÂ·ur â€¢,1 11,e cnhlÂ·.4 1 1,11: â€¢IU dell, cry,4- (hr,e precnt i. he 2 *,11 K ict! tif the r,reinoscs :ihn : conve)ed. hai p,4 1. surr. perfect . ihâ€¢itule 71,0 i nile fe:M Ne iÂ·.t itc *4 1,1 hu .i rkÂ·c . I n 13 . im fe c ki n iple . and h I< 811(Ki nght . full pt,u,:randl.,wful#u(twrity,ofrant.turpin.$41!ond.Â·n,IveÂ·yihe,ame 1 01 rÂ·,1.IlihÂ·f .ilid ftâ€¢nit .4> u.,re.FIJJ. arÂ·*1 (1; 11 ihe wme aft frre ind cUcur huti, alt f.,flner oftd other Vint'i. barci~ri. tilci. licni. 1191(â€¢. ai~eurnenit. rkÂ·untin,Ari .11,3 rt.tr,ilit.n. urwhill:,cr k:nd ornaturr ,~rver. clcept as shown on the attached Exhibit A. r hÂ¢ 9 'ar 0, ch,111 :Inc u ill WARRANT AND FOREVER DEFER D the above.barieined premises in the quici Ind pelceable possession of the grantee. ht . N Ir . an d A-11; nh 4*,Â·N .11 t n:Id â‚¬Â·â€¢Vry ret,K n or pcdun 5 huffut ly clainl, g Ihc whole or art, pur therâ‚¬01, The :Ir,gularnumbers hall I f,Clude the r! u cal. th.Â· 1'1.1.,1 ihe ./.Fulur. and the u,c of coy gender shell be oppi,cable to all ter,der:. IN U'11 NESS Wi l l.R tÂ·'.Or, th: wt .,â€¢,v, l i.c. c~cu. te d (lii. d,Â·.0 ut, 11 x J.16Â· .-1 A,i ll, .1â€žB. David C. Cooke Truitt Clinara Texas STATE 01Â· B,l jek,t *) t... rL.ailt w 'ir 29/23.0 .Â· :14 Ce 12 toi 2402 NAP, '0 1% TL t.- l;,-)6 . t EXHIBI: "A" To WARRAN:Y .r r n BETWEEN DAVID C. COOKE AND :m.WITT CLINARD AND GARY 2, RAPFAPORT AND SUSAN H. RAPPAPORT 1387 taxes due and payable in 1388; and any tax, special assessments, charge or lien imposed fer water or sewer service, cr far any other special taxing district. 2. Reservations and exceptions as contained in United States Patent reccrded August 26, 1949 in Book 175 at Page 223 as follows: right cf way for ditches or canals constructed bv the authority of the United States. 3. Utility and Public Trail Easements, and a 10 foot strip reserved :cr the city of Aspen for the widening of Ute Avenue as shcwn on Map of Hoag Subdivision recorded Novemoer 5, 1971 in Plat Book 4 at Page 218. MEMORANDUM TO: City Attorney City Engineer Environmental Health Fire Marshal FROM: Tom Baker, Planning Office RE: Rappaport 8040 Greenline Parcel ID# 2737-182-68-004 DATE: April 18, 1988 Attached for your review and comments is an application submitted by Sunny Vann on behalf of his client, Rappaport Aspen Account, requesting 8040 Greenline review for a proposed 4,100 sq. ft. single-family structure to be constructed on approximately 15,811 sq. ft. of land, Lot 5 of the Hoag Subdivision. The property is located within the Aspen City limits on the south side of Ute Avenue and is zoned R-15(PUD). Please review this material and return your comments no later than May 23, 1988 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (302~) 925-2020 Date *. Cjfliil_19(-) ~ fÂ·1 28 ~tuÂ»~4 1 0:i<.i~Â« 10)cy- .1~k/LIFÂ« C :)21*.ib Â·33 7<1Â©\ 1. RE: trEL/brrai filÂ»41/0 (31\Â»1.4Â«Â» Dear 4 i y..7 /75 3 lj This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS MO*--/compl ete. Additional items required include: Disclosure of Ownership (one oopy only needed) . Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit appl ica - tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A cheok in the amount of $ A.. Your application ,46- complete and we haYe scbeilul ed it for review by the Â¥4 6 On <1LULL/<54/ . We w ill call you if we need any additional information prior to tha t date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incompl ete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next availabl~agenda. 4 810 f/-4 (>11,47 If you have any questions, please call , the planner assigned to your case. Sincerely, ASPEN/PITKIN PLANNING OFFICE UCHYLCIA_ dr Ct-L~ - 0 d ri vt-3 I (1'Â»Â«.