The URL can be used to link to this page

Home My WebLink AboutLand Use Case.981 King St.A093-00 CASE NUMBER A093-00 PARCEL ID# 2737-074-53004 CASE NAME 981 King St. DRAC#2 PROJECT ADDRESS 981 King St PLANNER Nick Lelack CASE TYPE DRAC OWNER/APPLICANT Jeffery Shoaf REPRESENTATIVE Mark Hesselschwerdt DATE OF FINAL ACTION 10/17/00 CITY COUNCIL ACTION PZ ACTION Reso#49-2000 ADMIN ACTION Approved BOA ACTION DATE CLOSED 10/20/00 BY J. Lindt 4550 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: i DATE: INITIAL: 8 7 6 5 4 3 2 1 PATEÂ· 0 , 1 / / / / -di/*~" 1 / I . 5 IRED PLA OWNER: -1 DRAWN BY 6868 4- ~ SCALE: , FILE NAME. ~ REVISIONS G /~3 la/(\IEEEL h'I k I fo 3 Conce E Desigi 4f DEE BOOK 26 TY D CIR CESS PE \ 1-7 \C h f f f t .. /2 NO < sheet numbt -A O - C. a /1 / 6~~- 11 ALUM M- f < j b r---_~ siter -r 8 7 5 4 1 3 2 1 -1 :311.U 1O3rOUd P. Hesselschwerdt 1970)922-9034 :Aq pau5!sep 900 9-4 -30\46 . 0- . P ..... J-d , ('.f. V A 0 11 I . 0 0- - P , e . r. I. ,~1,14:'.~ , 01 D A - 4 An..-SA ' . 461=.A~--1T#-0- ~~- -- ...0 . A -71 ,/p 0. Ava"ZI#.4*.-6~~/- 7 -4.1..... - ~7 , 4,414'*f.Ai-~0/44 0 - 4 - . t. .~ - 4bimh#+~Ya#ki;0~~vt.~~~v&Uy/$/6/16 9/4.1/~ ~ 4 -~:0:0.o~flmmi~*4F~~5 -~.44..I~~0~*~44IF~~4094#~41 8;:M.:.: --.0,~ . 0 Willi'*-0-0-I,U,I. 1.lil' - i~~~ -*/0/:~:~1:1:aBVi~:.-U/~m.64-:'.-.'./1:~::::f , 60 4 -0-0:0:0:0:0:0:0:/i.-0--M- 2//-----.P- ......., . 0 I . 9 ..:0+921:RE:. - 1 - -0000:0. . -9.Will.................a...7 8 i 7 6 5 I 4 3 2 1 PATE: 06/08/000 8 / Y 930 12 jA . OWNER: Jeffrey S 1 -4 4004 Shoaf 'Â·A U h DR*IN BY: J0 SCALE: 1"=10' 3 - 4-6 FILE NAME/NUMBER: A 1 00/4 hoff.- H 011. 0/\ \ H- ~VISIONS: PATE: El*\VEL 4 1 PARK.I N(E,- A 0 5 0 6- In - op 2 , 46 961 FT. *.Ai 1 ' T 4/ * 0 0 091 PROPUÂ©ED / I j - 4-4 + / G - 1 4. -EN(35/ SEE BOOK 226 96 243 I.-. OR CESS PECL EASEMENT rv k 2/ 0. ~" re 2:2:r. fi f--0 i; 3i 7-Ila-- 1. 1 U k " LY (31 86(N" 1 Â».4 P 54 8 4 1 TORI - 6 9 CAP ~ N 54 4 00) 41 -0 9 - 36 4 ill & , 1 ..4 ILL, '7,11 Â£ C C I N OND 0 gu -V K .g ul - -1 4 pa\ID Conceptual U E Design -77 2 6 ST ON -- E -Sr - 11 r -----JEECK - 4 +1 - - ff/'\\ % l/ of:P .0 . 9 4% pEp DI T - 0 0 -t 9 11 145.21' *L D 1 -4 All M -- BLM DI SK 56 '4 RCEL 6/49* 00 G 9 0 0 7 D -g - 9.2~ 04) NORTH A sheet number B 8 C lilli LA {l ] ~ j SCALE: I"=I'-O Cls p< 1 VEKG SOUTH 9 8 7 6 3 2 1 Site Plan ANBS)kI SlHE)IN 11V - 6661 1HDIMA,ICE)~ i) Mil EleDÂ¥.=VA=,1Â¥[D DE;6-226(0Â£6) :plaA/~41$~eaSPS~82H~.d ~,I gjpol LIJAIN *E06-526-0Â£6 ON, 583aling OOMV>ling ope.Iolo) uadsv 'laa.Ils Bul>I IN6 :3-ILLL 103rOkld PARCEL ID: |2737-074-53004 DATE RCVD: ~7/29/00 - # COPIES:~--- CASE NO|A093-00 CASE NAME:|989 King St DRAC #2 PLNR:~ PROJ ADDR:|ETRing st CASE TYP:~DRAC STEPS:~ OWN/APP: Jeffery Shoaf ADR~PO Box 3123 C/S/Z: ~Aspen/CO/81612 PHN:~925-4501 REP:~Mark Hesselschwerdt ADR:j225 Cottonwood C/S/Z:~Aspen/CO/81611 PHN1925-9034 FEES DUE:~480 D FEES RCVD:~480 STAT: r- REFERRALS| REF:~ BY~- DUE: ~ MTG DATE REV BODY PH NOTICED 1 1 - - DATE OF FINAL ACIEMI Â£ 0/l 7/00 CITY COUNCIL: REMARKS~ PZ: #41220<22. . Y BOA: CLOSED: | l<744< BY:1 1 Â»31 ..111 DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):~ ADMIN: A fFOU Â« d DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Jeffrey Shoaf, PO Box 3123, Aspen, CO 81621 Property Owner's Name, Mailing Address and telephone number Lot 4, Astor Subdivision Legal Description and Street Address of Subject Property Secondary Mass Variance Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution #49-2000,10/17/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 28,2000 Effective Date of Development Order (Same as date of publication of notice of approval.) October 29,2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28th day of October, 2000, by the City of Aspen Community Deyel~pment Director. JuliZJ,hcn Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 4, Astor Subdivision, by resolution of the Planning and Zoning Commission numbered 49, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on October 28,2000 -N. c. MEMORANDUM TO: Design Review Appeal Committee THRU: Julie Ann Woods, Community Development Director * Joyce Ohlson, Deputy Director ~j,*g Â¥ OdD FROM: Nick Lelack, Planner RE: 981 King Street, Lot 4, Astor Subdivision - Residential Design Standard Variance for Secondary Mass DATE: October 17, 2000 , -.... 'h-./-2.- Lot 1 . 2,6/1- 1- 4.~9 ~rqi King Street Lot 4 , L .7,7 144 L .4 4 3/21 Lot 3 , ., (Recently Â·. A.6 4,73'allk ~0.4.:buÂ· /: .f developed) Duplex at 981 King St. <44:i/* wi.7 â€¢-:* Â·Â·,1, Garrish Park APPLICANT: FAR: Jeffrey Shoaf Existing: 3,000 square feet Proposed: 4,780 square feet REPRESENTATIVE: Allowed: 4,780 square feet Mark Hesselshwerdt LOCATION: REVIEW PROCEDURE 981 King Street The Design Review Appeal Committee (DRAC) may grant relief from the Residential Design Standards CURRENT LAND USE: at a public hearing if the variance is found to be: A) Duplex in greater compliance with the goals of the AACP; or, B) a more effective method of addressing PROPOSED LAND USE: standard in question; or, C) clearly necessary for Duplex reasons of fairness related to unusual site specific constraints. ZONING: R-6 SUMMARY: LOT SIZE: The applicant is requesting a variance from the 17,883 secondary mass Residential Design Standard. STAFF COMMENTS: Jeffrey Shoaf ("Applicant"), represented by Mark Hesselshwerdt, is requesting approval for a variance from the secondary mass Residential Design Standard for a new duplex to be located 981 King Street, Lot 4, Astor Subdivision. A duplex, including an employee unit deed restricted to Category 2, is currently located on the site and is proposed for demolition. Land Use Code Section 26.410.040(B) Building Form states that "the intent of the building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing..." Specifically, the Secondary Mass standard requires that all new structures shall locate at least 10% Of their total square footage above grade in a mass which is completely detached from theprincipal building, or linked to it by a subordinate connecting element. The >>------~'l / illustration demonstrates how a secondary mass may be connected to a principal building with a linking element. The Applicant previously requested a variance from this standard for the same property, but the Committee denied the variance request by a 3-2 vote. Staff recommended denial of that request finding that none of the review criteria were met. In both cases, the Applicant contends that Criteria C: clearly necessary for reasons of fairness related to unusual site specific constraints is met. The Applicant's argument is based on the fact that the owner of Lot 3 (who previously owned Lot 4), ,{0'92 0 placed a restriction on Lot 4 that no development shall 1-e ~ located further east than the boundary between-Lots 2 lEft and 3. The purpose of the - 33 King Street i restriction is to_protect his yiews across the eastern half *Fil of Lot 4. The dotted lines on - the map show the a / approximate location of the / "no development area", and the arrow shows the direction of the view from Lot 3 across Lot 4. The added benefit is that Evelopment-Wiremain - - - -1- away from Garrish Park. Therestriction-effectlvel-reduces the development.area 5-approximatelillooo square feetonthewesternsideofthelot. --- Staff agrees that the development restriction imposed by the Lot 3 owner Â¢whoi's- also.-the-Applieent-forthe-vari~enee) "cinches-din" the development a dupleÂ¥ to_a nlore compact area. Nevertheless, Staff argued that thelpblicantian meet the igecondary mass standard on this lot through revised architectural design more suited to the site and in compliance with the standard in question. A few neighbors attended that public hearing speaking in support of the variance request. Staff believes the revised design meets the intent of the standard, and recommends approval of the request. The difference between the two designs is that the first proposal did not include any architectural features in the structure to break up the mass. In the revised design, the Applicant has attempted to create a subordinate connecting element that more effectively addresses this standard. Staff can support this variance because the connecting_element is recessed and includesalower roof line betieen theprimary and secondary stru-ctures to clearly dktingui@kbegenthe two masses. In addition, the Applicant has stated that different buildig materials will be used on the connectingglement_to_further break I~-ME-Primary-ands@condmassee.1ecessing the connecting element, lowering theconnectin-g-elements roof line, and using- diffeidtbuilding-materiak-will break up the building mass, thereby more effectively addressing this standard, Criteria B. In sum, Staff believes Criteria B: a more effective method of addressing standard in question is satisfied and the intent of this standard is met. RECOMMENDATION: Staff is recommending approval of the secondary mass Residential Design Standard variance for a property located 981 King Street, Lot 4, Astor Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No. ~ Series of 2000, approving the secondary mass Residential Design Standard variande for a duplex at 981 King Street, Lot 4, Astor Subdivision." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Development Application EXHIBIT A 981 KING STREET REVIEW CRITERIA & STAFF FINDINGS SECTION 26.410 RESIDENTIAL DESIGN STANDARDS The Design Review Appeal Committee (DRAC) may grant relief from the Residential Design Standards at a public hearing if the variance is found to be: a) in greater compliance with the goals of the AACP; or, b) a more effective method of addressing standard in question; or, c) clearly necessary for reasons of fairness related to unusual site specific constraints. Section 26.410.040(B)(1) Building Form - Secondary Mass. "All new structures shall locate at least 10% of their total square footage aboue grade in a mass which is completely detached from the building, or linked to it by a subordinate connecting element." In response to the review criteria for a DRAC variance, Staff makes the following findings: a) in greater compliance with the goals of the AACP; or, Staff Finding: Staff does not believe this criteria is met for the variance request. The 2000 AACP calls for the community to "Promote a standard of design that is of the highest quality and is compatible with the historic features of the community " and environment. The secondary mass Residential Design Standard implements this goal and philosophy by requiring the mass of new structures to be broken up, and the architectural designs to both resemble the character of historic Aspen and to be harmonious with the existing built environment. Staff feels that the Applicant has attempted to meet the intent of this standard. b) a more effective method Of addressing standard in question; or, Staff Finding: The Applicant has attempted to create a subordinate connecting element that more effectively addresses this standard. Recessing the connecting element will break up the building mass, thereby addressing this standard. Only by recessing the linking element between the primary and secondary masses and lowering the roof line is the Applicant able to meet this standard. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: The subject lot is relatively flat, and will have a restriction placed on the property that prohibits development on most of the eastern half of the lot. The restriction effectively reduces the development area to approximately half of the lot. Nevertheless, property owners across town are able to meet this standard on similar lots with duplexes. Meeting this design criteria is a matter of architectural design and not dictated by constraints posed by the subject property. Staff does not believe this standard is met. A RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE APPROVING A VARIANCE OF THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD FOR A PARCEL LOCATED AT 981 KING STREET, LOT 4, ASTOR SUBDIVISION, CITY OF ASPEN, COLORADO. Parcel ID # 2737-074-53-004 Resolution No. 2~Â£~, Series of 2000 WHEREAS the applicant, Jeffrey Shoaf, represented by Mark Hesselshwerdt, has requested a variance from the secondary mass Residential Design Standard, Land Use Code Section 26.410.040, for the property located at 981 King Street, Lot 4, Astor Subdivision; and, WHEREAS all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following criteria in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints, and WHEREAS the Planning Staff, in a report dated October 17, 2000, recommended approval of the variance for secondary mass Residential Design Standard finding that Criteria B has been met; and, WHEREAS a public hearing, which was legally noticed, was held at a regular meeting of the Design Review Appeal Committee on October 17, 2000, at which the Committee considered and approved the variance from the secondary mass standard, by a vote of to (--_). NOW, THEREFORE, BE IT RESOLVED by the Design Review Appeal Committee: That the Residential Design Standard variance for secondary mass, Section 26.410.040, is approved for a duplex at 981 King Street, Lot 4, Astor Subdivision, Aspen, Colorado with the following conditions: Conditions of Approval 1. All prior City of Aspen approvals shall remain in full force and effect. 2. The building permit application shall include: a. A copy of the final recorded Aspen Planning and Zoning Commission resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment. d. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. e. A drawing representing the project's architectural character. f. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. g. A completed tap permit for service with the Aspen Consolidated Sanitation District. The existing residential improvements located on the subject property are currently serviced by the District. Fees must be paid prior to the issuance of building permits. Service is contingent upon compliance with the District' s rules, regulations, and specifications. h. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees, if necessary. A completed curb, gutter, and sidewalk agreement. i. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 2. The building permit plans shall reflect/indicate: a. Conformance with all aspects ofthe City's Residential Design Standards, unless variances have been granted. b. The dwelling units meet all applicable UBC requirements for light and air. c. An overhang shall cover each units' entrance designed to prevent snow and ice from falling on, or building-up on, the entrance. Snowmelt may also be used to prevent snow and ice from falling on, or building-up on, the entrance to each unit. d. A fire suppression system approved by the Aspen Fire Marshal. 3. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 4. No excavation or storage of dirt or material shall occur within tree driplines. 5. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the Category 2 employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the unit to determine if the unit complies with the representations made in the application, Housing Guidelines, and prior land use approvals for this property. The Applicant shall abide by the deed restriction for the deed restricted employee unit, which requires that it be occupied year around. / ~ T finaliteed rÂ¢~triction~i~ brought~ the Hol@lg BoaN for final input and Lj alboval. The deed restrictiÂ®s for the two (t) aff*dabte Hpusing.aits shall--cemplj:<~x with'the Hobjing REFd' s finkratomm@qÂ®ton. 4,/ ~_j U 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. The applicant should provide separate utility taps and meters for each residential unit. 11. All utility meters and any new utility pedestals or transformers must be installed on the applicant' s property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Meter locations must be accessible for reading and may not be obstructed. 12. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED BY THE COMMITTEE at its regular meeting on the 17th day of October, 2000. APPROVED AS TO FORM: DESIGN REVIEW APPEAL COMMITTEE: City Attorney Chair ATTEST: City Clerk MEMORANDUM TO: Design Review Appeal Committee FROM: Jeffrey S. Shoaf, Applicant DATE: September 12.2000 SUBJECT: Response to Attacliment 3, Minimum Submission Contents Paragraphs 1 and 2 Please be advised that I, Jeffrey S. Shoaf, do hereby request your cooperation with regard to my appointment of Mark P. Hesselschwerdt as my representative with respect to the development of 981 King Street, Aspen, Colorado (Legal Description: Lot #4, Astor Subdivision), in all matters relating to the project. Thank you. Ifi can be ofany further assistance, please do not hesitate to contact me. /11 / / \ /1 0%/ bl LIC - 1 12 ----ilrv~ ~ Jeffrey :~. Shot~, AppLant Mark P. Hesselschwerdt, Representative 119 Neale Avenue 225 Cottonwood Lane Post Office Box 3123 Post Office Box 2522 Aspen, Colorado 81612 Aspen, Colorado 81612 970/925-4501 970/925-9034 970/925-4513 (fax) 970/925-1401 (fax) 970/948-8444 (cell) JJS:a2z 3 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: 98 1 11 IN, 51140Â£T- Applicant: =3â‚¬FFÂ«02.9 5 - 5)4-oke Location: Asf>Â·04 (s. Zone District: 8-6 Lot Size: Pl, 816 46 Lot Area: t Z 9 9 6 40 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes, Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed. Number of residential units: Existing 2- Proposed: 2- Number of bedrooms: Existing: 5 Proposed: -r Proposed % of demolition (Historic properties only) DIMENSIONS: Floor Area: Existing:Â£3,000 Allowable: 4790 proposed: 9720 Principal bldg. height: Existing:* 25' AllowableÂ·25 200Â£ Proposed SANUE AS â‚¬'49'09 Access. bldg. height: Existing: k)~k Allowable. Proposed- On-Site parking: Existing: l,dr Required: -3 Proposed: tefl- % Site coverage: Existing: /24 XRequired: 40 proposedÂ· /1,72% % Open Space: Existing: 0 Required: O Proposed 43% Front Setback: Existing: '~0 '<equired: /0 proposed 2 5 Rear Setback: Existing: 20 Required: 10 Proposed 10 Combined F/R: Existing- 60. 9 Required: 3 6 Proposed, 30 W Esr Side Setback: Existing: 2J & Required. 1 S Proposed: ZO 6 A SE Side Setback: ExistingÂ· 70 Required. / 5 Proposed: 79- Combined Sides: Existing: 9-1 GRequired: 3 5 Proposed. 9 * Existing non-conformities or encroachments: NIfk- ?Â¢,g~Â·.. Variations,requested: ZSâ‚¬e-Â£0 DA A\ASJ 4 1,1 2 +014 , NO (3>rÂ»ENS'ONAL 1/AR-}M,no %3 /2.Â£(:puâ‚¬:SpÂ£7~ ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and =EFF,ENY S. SANAP (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application fur 981 KIN 6, STRâ‚¬â‚¬i- ~ LOT 4 ASTDA. 20 *bbiuisiON~) (hereinafter, THE PROJECY) 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current bi]Iings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect ~i-- full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the ~ amount of $ ~ ~hich is for - ZO hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to ClTY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic 0414 payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: BM 94(3 ~ 44 Julie Ann Woods Community Development Director Date. 9 1 ryo 0 Mailing Address: As fLEN 9-1 6 12_ g:\support\forms\agrpayas.doc + 7 2-5 460( f. a 12/27/99 0 1*- ATI-Act-AM-< -ks , . IR} 1 M utâ€¢\ 10 48 Al i ss, 0/Q LAS-1-dRAIES ; / Alâ‚¬A- Old Republic National Tide Ingarance Conmany ALTA COMMITMENT Our Order No. Q380954-2 Schedule A Cust. Ref.: Property Address: 981 KING STREET ASPEN, CO 81611 1. Effective Date: April 12, 2000 at 5-00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $1,800,000.00 Proposed Insured: JEFFREY S. SHOAF 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at tile effectiÂ¥etate hereof Â¥ted in: i=N-Fett~r~ Noi* we 6F 45164n# , 6 6/6 025 4 3319 1.61 2Â©co ) 5. The land referred to in this Conanitment is described as follows: LOT 4, ASTOR SUBDIVISION, ACCORDING TO THE FIRST AMENDED PLAT THEREOF RECORDED JUNE 28. 1994 IN PLAT BOOK 34 AT PAGE 86. COUNTY OF PITKIN. STATE OF COLORADO. 04/18/UU Â¥'FiLI) u8:00 rAA 9 4 Ul:IZOOZ40 1-JUND 1 4 1 LAU Â£1.-'. U., ALTA COMMITMENT Schedule B- 1 (Requirements) Our Order No. Q380954-2 rhe following are the requirements to be complied with: Payment to or for the account of the gIantors or mortgagols of the full consideration for the estate or in[erest [o be insured. Proper instrulnent(s) creating the estate or interest to be insured must bc executed und duly filed for Iccord, to-wit NOTE: ITEMS 1-4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SlJRVEY AND A NOTARUED FINAL LIEN AFFIDAVIT. 1. CERTIFICATE OF luGHT OF FLAST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF THE RIGHT OF FIRST REFUSAL RECORDED JULY 26, 1995 IN BOOK 788 AT PAGE 208 UNDER RECEPTION NO 383696. NOTE: THIS PROPERTY MAY BE SUBJECT TO AN ASSESSMENT BY THE HOMEOWNERS ASSOCIATION. PLEASE CONTACT THE ASSOCIATION TO ENSURE THAT THE ASSESSMENTS ARE CURRENT. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OP THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. GOOD AND SUFFICIEyrIDEED FROM JOHN FULLATON TO JEFFREY S- SHOAF CONVEYTN(3 SUBJECT PROPERTY .9.4 4023<. A & ~r~iit 6960(cÂ»JUn J /Aa ~ 4--f r.(-4 U 4,7-5-- c ( 6 76 VV -Lal, U.. O 0 rAA 8/UMZOOZ4J LAINV 1 1 1 LIL AorILIN - ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q380954-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 Rights of claims of parcies in possession not shown by [he public records. 2 Easements. or claims of easements, not shown by the public records. 3 - DisumpanCies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or Inaterial theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liells encumbrances, adverse claiTils or other illatters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prioT to the date tb.e proposed insured acquires or record for value tb.e estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable und specia] assessments not yet catified to tile Treasurer' R office. 7. Any unpaid taxes or assessments against said land. 8. Iici]s for unpaid water and sewer charges, if any. 9. THE EFFECT OF INCLUSTONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION ZN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. WATER. RIGHTS OR CLAIMS TO WATER RIGHTS. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 20, 1958 IN BOOK 185 AT PAGE 69 12. TERMS, AGREEMENTS, PROVTmONS, CONDITIONS AND OBLIGATIONS OF WATER SUPPLY AND CESSPOOL EASEMENT AGREEMENT RECORDED APIUL 17, 1967 IN BOOK 226 AT PAGE 293. 13 COVENANTS AS SET FORTH IN INSTRUMENT RECORDED MAY 14, 1980 }N BOOK 388 AT PAGE 850 UNDER RECEPTION NO. 223990. 14. TERMS, CONDTTIONS, PROVISIONS, OBLIGATIONS, AND ALL MATTERS AS SET FORTH IN ORDINANCE NO. 4, SERTES OF 1994, BY CITY OF ASPEN RECORDED APRIL 11. 04/19/UU WED 09 :36 1-AA Is# 709200440 LAI/11 lA 1 ..... I I W . U. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q380954-2 The policy or policies to be issued will conttin exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1994 IN BOOK 747 AT PAGE 195. 15. TERMS. CONDITIONS. PROVISIONS, AND OBLTGATTONS AS SET FORTH IN AMENDED SUBDIVISION AGREEMENT RECORDED JUNE 28, 1994 IN BOOK 754 AT PAGE 397, AND SUBDIVISION AGREEMENT RECORDED MAY 14, 1980 IN BOOK 388 AT PAGE 852 UNDER RECEPTION NO. 223991. 16 TERMS. CONDITIONS, PROVISIONS, AND OBLIGATIONS AS SET FORTH IN SIDEWALK, CURB, AND GUTTER IMPROVEMENT AGREEMENT RECORDED JUNE 28. 1994 IN BOOK 754 AT PAGE 402. 17. EASEMENTS, RIGHTS OF WAY, AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY RECORDED MAY 14, 1980 IN PLAT BOOK 9 AT PAGE 67 AND AMENDED PLAT RECORDED IN PLAT BOOK 34 AT PAGE 86. 18. TERMS, CONDITIONS, PROVISIONS, AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED JULY 6, 1994 TN BOOK 754 AT PAGE 878. 19- ACCESS IS LIMITED TO THE TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ACCESS EASEMENT RECORDED NOVEMBER 7, 1966 IN BOOK 223 AT PAGE 562 AS RECEPTION NO. 125845. MEMORANDUM TO: Design Review Appeal Committee FROM: Jeffrey S. Shoafand Mark P. Hesselschwerdt DATE: September 12.2000 SUBJECT: Design Review Variance Request for Property located at 981 King Street - Aspen, Colorado (Legal Description: Lot #4, Astor Subdivision) Response to Attachment 3, Paragraph 7 and Attachment 4, Paragraph 6 The subject property was acquired in 1999 by John Fullerton, the adjoining neighbor to the northeast. He desires to restrict the redevelopment of the property in such a way as to preserve his existing view plane. Jeffrey Shoaf has a contractual interest to purchase said property. The restrictions that Mr. Shoaf and Mr. Fullerton have agreed to are as follows: 1. The height of the new development shall not exceed that of the existing structure. 2. The development shall be located no further east than the boundary between Lots 2 and 3 of Astor Subdivision to the north (see survey). With these restrictions and the City of Aspen' s design standards in mind, we have developed what we feel is the best plan possible for 981 King Street. We have been able to meet or exceed every standard with the exception of the secondary massing standard. With respect AACP and the design standards, we are hereby requesting a variance for the following mitigating reasons as per Review Standard "C". Please be advised that we have modified our original submission to create a secondary mass of garage/bedroom with a link as per DRAC and City staff input. 1. The approximately 43% ofthe lot bordering Garrish City Park is being retained as open space by concentrating the mass on-site to the western one-half. approximately where the current house is sited. This concession necessitates the compact massing proposed. 2. The new development will not be visible from King Street, thereby having a minimal impact on the public right-of-way. MEMO to Design Review Appeal Committee September 12,2000 Page Two 3. The design and topography are such that, in the public realm (i.e., from the neighbor's view across the Roaring Fork River), the house will appear to be a low lying, unobtrusive, one-story structure surrounded by trees. Secondary massing would have no impact on these neighbors. 4. The future development is designed to meet the specific AACP goals to positively impact the neighborhood with a clear, quality and compact design. 5. We are hereby resubmitting to DRAC after creating a garage/bedroom secondary mass with a one-story link on the east elevation due to existing grade changes on the subject lot. In summary, Mr. Shoaf and Mr. Hesselschwerdt feel our proposed development meets the intent of the Aspen Area Community Plan in light of the fact that we have designed a quality project that is historically correct for the immediate neighborhood by being consistent with existing architecture and the natural environments. In deference to the goals ofAACP, we believe what we are proposing is consistent with as well as enriches and enlivens the context of the neighborhood. Our proposed design has created significant spaces between our development and the neighboring homes. We have also sited our development the maximum distance possible from adjoining Garrish City Park to the east as per the philosophy of AACP. Presently, there are no detached secondary masses to be found on-site or on the contiguous neighbors' properties. In fact, they all share with our proposed design the concept of an attached garage incorporated into the massing. We thank you for your review of this matter. Sincerely, 949 Jeffrey ~6. ShoakJ Mark P. Hesselschwerdt JJS:MPH:a2z 26.435.010 . Chapter 26.435 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) C / Sections: 26.435.010 Purpose. 26.435.020 Authority. 26.433.030 8040 Greenline review. 26.435.040 Stream Margin Review. 09 4 26.435.050 Mountain view plane review. 26.435.060 Hallam Lake Bluff review. 26.435.070 Procedure for approval of development in ESA. 26.435.080 Application. 26.435.090 Conditions. 26.435.010 Purpose Certain land areas within the city are of particular ecological. environmental, architectural or scenic significance and all development within such areas shall be subject to special review proce- dures and standards as set forth in this Chapter and Chapter 26.430 (Special Review). These areas shall be known as Environmentally Sensitive Areas (ESA) and shall include the following: A. 8040 Greenline. Areas located at or above 8040 feet mean sea level (the 8040 Greenline) and including that area extending one hundred fifty (150) feet below, measured horizontally, the 8040 Greenline. Development in these areas shall be subject to heightened review so as to reduce impacts on the natural watershed and surface runoff, minimize air pollution, reduce the potential for ava- lanche. unstable slope, rock fall and mud slide, and aid in the transition of agricultural and forestry land uses to urban uses. Review shall further ensure the availability of utilities and access to any development and that disturbance to existing terrin and natural land features be kept to a mini- mum. B. Stream margins. Areas located Within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one-hundred- year floodplain where it :xtends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these areas shall be subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage develop- ment and land uses that preserve and protect existing watercourses as important natural features. C. Mountain view planes. Development within designated mountain view planes as set forth in Section 26.435.050 shall be subject to heightened review so as to protect mountain views from ob- struction, strengthen the environmental and aesthetic character of the city, maintain property values, and enhance the city' s tourist industry by maintaining the city' s heritage as a mountain community. 557 (Aspen 4'00) 26.435.040 - 1 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of de- velopment within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drin- age channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Margin Review Stan- dards. 2. Construction of improvements essential for public health and safety which cannot be rea- sonably accommodated outside of the "no development area" prescribed by this Section in- cluding, but not limited to, potable water systems, sanitary sewer. utilities, and fire suppression systems provided the Community Development Director determines the development com- plies, to the extent practical. with the Stream Margin Review Standards. 3. The expansion. remodeling, or reconstruction of an existing development provided the fol- lowing standards are met: The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, The development does not require the removal of any tree for which a permit would be re- quired pursuant to Chapter 13.20 of this Code. The development is located such that no portion of the expansion, remodeling or reconstruc- tion will be any closer to the high water line than is the existing development; (a) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and (b) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of strictures within the Flood Hazard Area. (Aspen 4/00) 560 26.435.040 All exemptions are cumulative. Once a development reaches the totals specified in sub- section (a) above, a stream margin review must be obtained pursuant to this Section. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin unless the Planning and Zoning Commission makes a determination that the proposed de- velopment complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Haz- ard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer regis- tered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development: and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access v. Olin the high water boundaries of the river course shall be granted via a recorded "Fisherman' s Easement;" and, 3. 1-nere is no vegetation removed or damaged or slope grade changes (cut or fill) made out- sid: of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition. excava- tion or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 4. The proposed development does not pollute or interfere with the natural changes of the river. stream or other tributary, including erosion and/or sedimentation during construction. In- creased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted zo the Federal Emsr- gency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns thar ensures that the flood carrying capacity on the parcel is not diminished; and 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year floodplain; and 561 (Aspen 4~00) 26.435.050 8. There is no development other than approved native vegetation planting taking place be- low the top of slope or within fifteen (15) feet of the top of slope or the high waterline, which- ever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. gee Figure "A" below for illustrative purposes); and 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn ar a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Direc- tor using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 (See Figure "A" below for illustrative purposes); and 10. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the desig:nated building en- velope on the river side to native riparian vegetation; and 11. All exterior lighting is low and downcast with no light(s) directed toward the river or 10- cated down the slope and shall be in compliance with section 26.575.150; and 12. Site sections drawn by a registered architect. landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope. and pertinent elevations above sea level: and 13. There has been accurate identification of wetlands and riparian zones. (Ord. No. 47-1999. Â§3) i Development --2.62.4.100 -':1 QUIEZIN--- 34:77:9-3393 =-:-- 4-:--= 7---Â·----- -21.'/ 5-t:$50 -1~ height limit --f- 3 -j- u.oic--=..4.-33Â·*---Ir<:.-p. K=,1=.ii -c t 2..~ - -I-Â¥4/2 --. 26.435.050 Mountain view plane review. A. Applicability. The provisions of mountain view plane review shall apply to all development located within the following established mountain view planes, unless exempted pursuant to Sec- tion 26.435.050(Bl (Aspen 4/00) 562 LAND USE APPLICATION ' bee AN. VljÂ» 3 PROJECT: Name: 991 141 0 5 grfze:r Location: Lel-'4 - ASTat SOBDIV\SioN (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: =SPE Aal S. 2544â‚¬* E Address: 1| 9 N 641-42 SC (fl. 5. 9,0>, 2 12-33 AspoJ Phone#: 91$- 418 6/ QX 72= 4$/3 REPRESENTATIVE: Name: 1/\AMk P . 47Â£Ss a...s<:*iN Â£Er.CA- Address: 2-YS-- (Ik5rgp4 L.23(50 0 C f.0. Bop< 2522*~ A-sed>) Phone#: ?LS- 703 9 799 -8 997 A->< 92& /96/ TYPE OF APPLICATION: (please check all that apply): Conditional Use [3 Conceptual PUD ~1 Conceptual Historic Devt. Special Review ~ Final PUD (& PUD Amendment) ~ Final Historic Development Design Review Appeal ~ Conceptual SPA El Minor Historic Devt. GMQS Allotment Â£ Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption U Subdivision El Historic Designation ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ~ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split U Temporary Use Other: bRAc. U Lot Line Adjustment ~ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) bow-Â£>< ~Â£*/ CAEr-A<:Gr0Rl3t eve 4 9 le, 44â‚¬SOS,+39 As PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 6*dv#( AE. 22>4 <EFE lrJ ~ Have you attached the following? FEES DUE: $ 7,5~ /Â¢,0 U Pre-Application Conference Summary El Attachment #1, Signed Fee Agreement 14- U Response to Attachment #2, Dimensional Requirements Form U Response to Attachment #3, Minimum Submission Contents U Response to Attachment #4, Specific Submission Contents 1~1 Response to Attachment #5, Review Standards for Your Application U El El El El El AUG-09-2000 WED 11:42 AM FAX NO, P, 01 4 LAND USE APPLICATION DAAc PROJECT: -. Name: 98 i ki/126 5,~Red-T- Location: Let- 4 4 - As-i-DR- 5 (Ast>Â® S/0/0 (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: JEF FA Â¥ S - 311 8,1 F , Address: PO .807 3/2-5 i iq *24,/k , 45 &) t Phone #: 924 4% ) C.Â£2% qÂ¥Â© 449 3/2-9 REPRESENTATIVE: Name: Mark f K--65% (EL scÂ«)6*DT Address: .uz-5 CD-T-04) Woob (j?0.A 26-22_),48,# Phone #: 419 9034 fvy. FqÂ¢V Fx *4 /401 TYPE OF APPLICATION: (please check all that apply): El Conditional Use El Conceptual PUD Il Conceptual Historic Devt. ~ Special Review U Final PUD (& PUD Amendment) ~ Final Historic Development 1 Design Review Appeal E Conceptual SPA ~1 Miller Historic Devt. E GMOS Allotment ~ Final SPA (& SPA Amendment) ~ ilistorie Demolition El GM.QS Exemption U Subdivision El Historic Designation Q ESA - 80/10 Greenline, Stream Â¤ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ Lot Split U Temporary Use 0' Other: beÂ« ~ Lot Line Adjustment El Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, eic,) but FLEX- 9/ zix)%77*1)6 de-geÂ«ZEÂ£ 9/1 Pl_OFEE blouS( M 6 /4-9 ~-Ttv <*Dwij (4)(7-4 ...2- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 44'Â«- AS 4%\ 97{A)(2 Have you attached the following? FEES DUE: $ 483.00 ~ Pre-Application Conference Summary A tu. 1 El Attachment #1, Signed Fee Agreement , VOL 00 U Response to Attachment #2, Dimensional Requirements Form E Response to Attachment #3, Minimum Submission Contents L~ 7% +1726 ~ Response to Attachment #4, Specific Submission Contents ~ Response to Attachment #5, Review Standards for Your Application m 4151/11~1.11-44 //////////SNO~t <Aill-"I-'81,2,/ept--u M#ft<*dÂ¢~&4.11,11'Mlir,11,1,1'Ili!'2 '5,~!'' ~ .. 1,*'~~ , 1, iiI I |LL ' 1| I "' ~c'' i'' ",-' -i - 1 +It i~*!~44~4IÂ·'.~'M,WÂ¢ltjtq*~,2#4 -!All{JI~il-.1111 1,1,~L' 111,1-i-)'~I' vi+IV,12 ,*E- ',,I.i' ~Â·~ Fi G' i , 1' ir Â£ 1 - 1,:- 11/,| ~,|,|Ilk! .IL, lilli-9,1 1 lili lili.1 1 1 11 9 1 7" ,; 11.-111 .11 liLlil .litir-ul'llu 9 6 I r 111 . 4- 11=Pli' 1 11 I r m 1 3. '1' 1-1'IJ'-' 1... 1111+11 11 1 40 1 -1 1.'41 %1" 1, 11 lic ' - 114 - IT I'lif' 0 lili 1 1,11. 1 .1-fl 6 111 1 1 1 11 111: 1 1,1. d i 1 1 11! l Ill . 11 14 1 '/ 11 111 '1 11 1 1 1 1,1,-11 /1 .11 1 1% 11 .1 1 1 11 1 11 1! 1111,1-lilli .1:1 -'. 1/ 1 P 7 /1 1 110, 11 1 1 1, 1 1 13.- 11 .1 1 1-1 1 1 1-, I .ri~ N' 'di"i 1 1 - -111 2 +Lir '11 -7. 11~ 1-1 44 11 4 1, 111 :lie 1 1 11 1,11 ..r 1. 1 111 1 11 / 1 1 1 1% 1 1 , 1 , 111 '11 /ile '7itl + #.1 11 1.1-1 I - 11 2 1 . 11 .- t' .11 lili "11 041 . 111.,1 - 1 -r Â· - ' L Â·1.,lip tl , '' 4 111 'lilli,Â·+1 11 11' U i #. I - 'FIT'fl 1- 11 11.- - .11 1-42 1 1 1 Â·111 ./ ,}1 '1 1 19.11 $ 11 - 111 lili- 11. 1 . , 1 1 1 1 1 1 1-6 11211 i,-,â€ž~!:~Ah.|U,"-TI %'4'1.,0,11-1111111,1111--1'FÂ·' 6Â·,i' "''f>'-i''Ii'71,011 1,1 1 111 11 1 1 7.1 111 47 r 4 1 1 .11 P - 1 i: .' e Â· I iL' ! 111111 11 1 1 4 1 11 1 , I Â·1.-D'e il~ 12.11 G ',1 ?]t')0, 6- 14*kN,1 1,11 1111~ 1 1 7 , ...1, ,' ~ 1 11 11 -1 1; 1, I /'-1 j, i'~~!_ ~ :*"4 -<-pi ' I_ !2, 1 â€ž1 1 41 1 111.1 J 1 1, - 1.k , 11 1 11 11 111 d 1 11 1- 2 11 ~111 !''20'i-+ " il'IJiu*Wt!*'f:'7'i r, . ,i , r., ,Â£,i I,14-12 11 11 I --am..4-i 11 1. 1 411 lit I ' -r-I,1,~, ;Â¥Wi VI' i',,~lilt|iiMI,it;, l?~,I'~#'I.1~'%*~'Ib'.~'P'.'1:=~~11.11 -4#F i t -'-Jit'Niw . Â·,2Â·iYN' 1-1114- 1 7.1, '1'14 . 1 " F i i ~ i , A~' *,-IL' 4 '1 2 t'9- *~~~1 1.r , l, 91 1 ? 1-, 11 +1 1Â· 81 I i' .4,-W'-r~~,~ I--Jil I'Â· , 1 J J, 11, 1, IL 11 1 .-11.4.... 1114'111 4 4'r ~k f~ I lilli lil1i1,4 1 .1 11 1 Â·, Â· 1 ' 19*.il L *44 1 - i I 41 Â· Â· r 40't'..r.-- 1 -4 +- 'i, f . 1 , 1.1 . % 11 --- 1 i 1 1,11'J<. 1119 Â£144~4 Â· -.).Efi*' 11 --'Pi 1 1. 1 ,1 1 11 1 N 111111 1 1 il 1 -lili Â· 1 , lili .4 1.0! '11 .1 ., 1 111- 1 - 111 11 - 11111 ~ 11,-~:~11 ~ ~I~ 1: ~~ {~11 - ~-. ~1~ ~ -~1 ~~4 11 lilli 111 ~11% rl:.21 '21 111- 111 -- 1.,1,11' 11 11,3, 1 1- 1 4 1'11 '4;11~131il., '~ , 1 r i , - , ,| || | Ii| lili 1 1\ 1- 1 4-111, '11 1, r Â· '2, rÂ· 1 - 1 11 1 11 11 1 1 111 1 -1.- lili lu 1 1 1 11~ 1 . 1 1.'It'-1. vilÂ·._'. lilli 11; 11 t.4 11 *111101 64111- flt'1111 411~114 11141.111 41 - 0 1 :1, ' ,~ h lili 1 - -1- - 11,1 Fl' lili . 1 IN' 1.111'L i, , 1, d * _ 16 1 - 1 1 11 '11 , 1% ~ flp'11! Â· ~1~h 114 1 !1 2 1 11 1 -' 111 :4.d'Elled"L .14 / 11141#r . Â»lid Mt)unt,Illn milniki :, i 1/ '11 11 .1 - 1- I * 4 + 1 *.644*TAbIL c , *411~,~- ' 1.11 11 71 111.-111* 1--111 1 +Â·'il, ".., 1'4 ', ' '4HIMI'lli#I, Tmili, i n 11 f 1 0 .12 ?1 2. + 1 f.,N/11 41,1- iN */.h ' 4. 1 1 462 E~u~i,644' 1 - & 11 'J'jt,4'~1 + ' ~.J#J?'~ '6 4. 3 :1 :p 11 1 lili 11 211 .114 11 1.L .1-11?1411'41'11 1 1 1 11 1 1.-T i, ;,~,-1 -1. 1, 1 41, 1 1 11 1 t 4 1 1 Fl/1111 1111!lt41illÂ¢I V&Illa|i&Propi,41,Maru'7,-81,-ill' ''. , ' .J;, 3 11 1 , '1 1411.Ir . 4..'.41111-11.11 112 . 1 1 ,1 4~111~~ H*042+4.Â·,Â·' 11 11 1 1 :R lili -1 1 1 i , 71 0 t H Yman Ave i A gp E Tri '9 25 n j 4 p li . 'i ' 1 4. 111- 11 1 11 1. *L' 41 :'11' iÂ·:_1,1 F-i- 11. 1~#(*11'J || || 1|| |_| 7 11 1 ~ 1!Â· L 4 j ~Tul'Â·t,4.~/~'~, ' ,1 41'r 1111,11111111 Il l I ~ 1 1 1 11 1 #11 1 11. L 0. 11 1 ' V 41 4 1 11 1 J..- ;-14 1.;111 0 111-J #4 1,/irt 111 1 8 .11 1 lilliam ' . 1 I 1#Yr; 44" r/60Â·%,i'.' - MV. 94,u . /,14-'c.~, **~43 ." 1 1.~ ,1111* lilli 1.~1 0,11- '111 -4 1 111.11 - 111 1 '11 .. 1 1 1 1 , 11 1 4 ; 1 4 lili 4' - 1 -- -111 .111 11 r 1 - 1111 1 1~ 1.1.1 ; 11 1~11 1 4 ilri lilliâ€¢ ' # -1. 1 4 1 & 1 1 1. 11 PEn'11 1 11 1 1.11 0 1 11 1 1 4 1 1 IA' 0,1 1, Â£ I lilli rl , â€žCEO re 1111.4 1 i Iht'.i ' -41 1 1 Dill.1/1 'il, 11 1-1 . 11 1 4Â· ' 1,23 ; 6 .. U 4 ' 0" %.%0'114. T||li, 5 ' . " '' ~ ~~6111 j W 4'& Â· 9'Larilir.mit H.141 11 1 1 - 111- 1, 1 â€ž1+ 1- 111- - 1,111%..4 Â·,411 6; 41 11 Pil,1 1,1-1 1 L hujillipund 1 h I L 04$-4.: 1.1~4.14 11 - "1 111'WD' 1 1 /111111 1 i in,jubill o y #ulu,r,CiX IA -9 1'Â·.,3416 hi- 9- lilli 111 lilli I , 1 4-,11,). 4 T.1 21,- LL ~1.1 -1.,~ ~l|.4 | 1~1-11 +111!.if:Â© '22'41,"i+44. :ik,Lif LUI*:,ir.. -1 -1 71' . 41 1 611 2 1 11 . ,Â»4:11 111 1.:':.Ak:*4*91:*.71.6 . t ' ~, 1 11 lili 71 1 1. 1 74. :11. 1. 2 7 111 J V . Tin 1 L. 7 -71 2 4 11 1. 1 ,-" 1 IL- Â· .~Ul~ ; ~ , $111 48Â·tq. 1 ' - 44':'I'+'p' 'rr hIP1411 1101141* 6' ~, *1.- ..11 1-1 1 I .17~':61 17,1 111 1145TD~1 1.1.;1~&81~.11111,1 411 1 1 Illi' Tin,j -LI,IL L 3.All L' '-1. -40 .I , ': - " = - 1 I r 014 4 v '41 1 ''4 4-1 - T 1 1 -L~ . 1 1 1.7 111 1 1 --f' AL',14[ ,+ 1'Lillrji Tâ€¢ I ,~ 1-2 ,: e L . -- ..Al'.4 11. -6711 11;1 11 11 4 1 1 - ~.AW'-10 13nl'll'. - *11~ 111 ~~1111111-111. WMFIRe _ ptot 1.-au,4 'i, iEJ---- 22-~ ~~---p--M ' 1 1 1 11 1 1 5~27(f66:f6,,AA,#RAP#F.~.~',9.~,~44572*NAT-,r'-~-i,'- 5 1,1,1 ' fit 114 1 - 1 1 1 ~11.1 f .flf .11~4'lot.-7Â»*-,1"7 "~l-~41?111,11%111- (i99Â«41 -11 1.11117 4100&11 '1.111112-~1111,1~11111 Â«44Jt 1 111,11 11 1 1 ' 3'311 F ' --:Mtv, ~~Â·il Dll.'.1.-1-lili,11, 1121 lili .1. -1/ 14 -111 11/5 '1- 7 1 111 11111 - 1 1.1 1 MJENT"#WON <94:N?/031'IN"/1.14.---0-2 -- Denown: Alâ€ž. De.lwn & 0-'lurnunic,1 J THE CITY OF AspEN Land Use Application Determination Of Completeness Dear City o f Aspen Community Development Applicant, We have received your land use application and reviewed it for completeness. The subj ect property is 981 King Street. We found that it needs the following additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following submission contents for you application: 1. Application Form 2. New Pre-application conference 3. Other Specified Submission Contents If you have question please call me at 920-5104 or the planner that reviewed your application for completeness, Nick Lelack at 920-5095. Thank You, James Lindt *AUL â‚¬949 Planning Technician City of Aspen MEMORANDUM TO: Design Review Appeal Committee FROM: Jeffrey S. Shoaf, Applicant DATE: 21:le-9,4 1-4 7 4 60 SUBJECT: Response to Attachment 3, Minimum Submission Contents Paragraphs 1 and 2 Please be advised that I, Jeffrey S. Shoaf, do hereby request your cooperation with regard to my appointment of Mark P. Hesselschwerdt as my representative with respect to the development of 981 King Street, Aspen, Colorado (Legal Description: Lot #4, Astor Subdivision), in all matters relating to the project. Thank you. If I can be of any further assistance, please do not hesitate to contact me. / JeffÂ¢y S.~Shba, Applicant Mark P. Hesselschwerdt, Representative 119 Neale Avenue 225 Cottonwood Lane Post Office Box 3123 Post Office Box 2522 Aspen, Colorado 81612 Aspen, Colorado 81612 970/925-4501 970/925-9034 970/925-4513 (fax) 970/925-1401 (fax) 970/948-8444 (cell) JJS:a2z /h EAST ELA UATIO A) ' 61el MA)4 S Â® EZIC- alÂ« .)4424 -- 97/*+ 0 2 - 4Â»3444 Ll R \< tou +2000 08:44 9709276931 CAD VANTAGE PAUE 21 'At ST â‚¬[-AV el bA 96< Aw4 9.. . -myÂ» - i !2=0~4... - 3 U JJIP *yqÂ©53 U WE Â»-rÂ»- .- 17 Y LX 14 . .*0:40.*,0.- 4 2-0.thÂ» - 1. Ij K 0000 4 >1Â»''*h;25 I R>Xne,ty 1 07/20/2000 08:13 9709276931 CAD VANTAGE PAGE 04 - 9 8 7 6 5 4 3 2 15*TE---8238/030 ORRIER:-JG#reg-67--1 Shoaf PRAÂ»IN BY: JO no2000025 H REVISIONS: PA : H 37777Â¤=Eg==m=g~p~w~u'."<=-0*==""=";" - 77?ET~FFFETÂ¥taD'--f-<uNAÂ¥,1-~frAht,i i fm4UA~rfi Tf ii ii l -1-<41 I-t TI| 11 lili lid ii udit uill 9â€¢LIT 1 11 E-il i t Tf-Ti l[ITTTI -TITTT] -l l TT-El -il I-T 11-1.60â€¢- _.--000~~ ~~4U*NUt-WI \NT-CE[Enlm-LILI G G 111 Â»Â«591 10 0 0 0 m 0 n fo| u - o In 10 E 1099*Rel i kt#~111111111111111111111111111111111111 Oull U Lili 1~++IH+++Wrillill 111111111111111111111111 Illâ‚¬12?**#1 1 -1. ve,*WOA %43111*if33Ii33*â€žiâ€ž,1444 ~~ULUalq 6' <7' 7 TliiTii iiiiii iii1ii iiiA ~~RI~]L+Ti iriiTii iii~ii iiiTii iiiwouÂ«*y~*1 h44-4464--866,4-&4Â·64-1L~44--8-2-4-44Â·h4-irÂ·Â·NÂ·ilhAHE:~hEE+62htÂ·4Â·NHâ€žhN--*+4449&4+~Â»dh*4*eh YA.h â€¢ ~u, 1 I 25 ~ m i~ 0 Art.* 0 0 11 / \144%461 11/ 11 Aftte,401 --- --- F P k Â£2 E a: b C MLI. m n mu E - EAST ELEVATI ON r'\ Â»EST ELEVATION E ~ Design ~ 1 2 i- ~ SCALE: 18"=1'-O ~ // SCALE: 1/8"=1'-OIl / D D C C Wkw&%464?-~9Â»C,A+KNE'-MiNVQQUOXATT*ZATAn 1 %~ 1 01 nomin m 1011 Â» Il ~~~1Illl111111Il~~Il!~Illl111111lm wlll~Il~Illl11~~ 11111111111111111 ---- 11111111111111~1111111 1 1 11 \\\p/ 11 f / 031 TEN DIEIBI E 194 8 0 Â»VU===0=u~-~ Al DU 00004 1 %11\9 101 B 4*3 11 \1/ 11 / A A sheet number Cl NORTH ELEVATION /1 SOUTH ELEVATI ON A2.0 / SCALE: 1/4"=GO" LA SCALE 1/4"=1'-0" .'/% f--I 9 8 7 6 5 4 3 2 1 Elevations . -3 03/U]35321 SIHE)IN 11Â¥ - 6661 1HDIZLWO) @ El E1I1IÂ¥.=VA.=.IVI DE06-ZZ6(0Â£6J JPJaAA4)S~a~S~S aNPOT JaAIN DE06-526-0Â£6 -)NI SUBaling OOZIV>I)nE] f EEZZ-LZ6(OL6) ope.Iolo) uadsv 'Palls Bul>I 186 :31.LU 103rObld . r AU Â©,143 0 0 L/ L. MEMORANDUM TO: Design Review Appeal Committee FROM: Jeffrey S. Shoaf and Mark P. Hesselschwerdt DATE: June9720 ---or-12~ -20 4 2000 - SUBJECT: Design Review Variance Request for Property located at 981 King Street - Aspen, Colorado (Legal Description: Lot #4, Astor Subdivision) Response to Attachment 3, Paragraph 7 and Attachment 4, Paragraph 6 The subject property was acquired in 1999 by John Fullerton, the adjoining neighbor to the northeast. He desires to restrict the redevelopment of the property in such a way as to preserve his existing view plane. Jeffrey Shoaf has a contractual interest to purchase said property. The restrictions that Mr. Shoafand Mr. Fullerton have agreed to are as follows: 1. The height ofthe new development shall not exceed that of the existing structure. 2. The development shall be located no further east than the boundary between Lots 2 and 3 of Astor Subdivision to the north (see survey). With these restrictions and the City of Aspen' s design standards in mind, we have developed what we feel is the best plan possible for 981 King Street. We have been able to meet or exceed every standard with the exception ofthe secondary massing standard. With respect AACP and the design , standards, we are herelpy requesting a variageRfor the follow~&mitikating measons as per Review 4 It Standard "C'> 10Â£ ka,Ct ,+2#Aftâ‚¬ OZ41 614 i "'d< 10'IJ'}1,<f'~&~A~~4~+~~i 0.- 202(AUawl FhAM 4 ,at'.1+/lpet 4 k) 1- b '- I 1. The approxir~Ately 43% of the lot bordering Qiarrish City park is being retained as open spAce by concentrating the mass on-site to the western one-half, approximately where the current house is sited. This concession necessitates the compact massing proposed. 2. The new development will not be visible from King Street, thereby having a minimal impact on the public right-of-way. 3. The design and topography are such that, in the public realm (i.e., from the neighbor's view across the Roaring Fork River), the house will appear to be a low lying, unobtrusive, one-story structure surrounded by trees. Secondary massing would have no impact on these neighbors. MEMO to Design Review Appeal Committee .kae-Moor Cillbt -~0 1 74000 Page Two 4. The future development is designed to meet the specific AACP goals to positively impact the neighborhood with a clear, quality and compact design. In summary, Mr. Shoafand Mr. Hesselschwerdt feel our proposed development meets the intent of the Aspen Area Community Plan in light ofthe fact that we have designed a quality project that is historically correct for the immediate neighborhood by being consistent with existing architecture and the natural environments. In deference to the goals ofAACP, we believe what we are proposing is consistent with as well as enriches and enlivens the context of the neighborhood. Our proposed design has created significant spaces between our development and the neighboring homes. We have also sited our development the maximum distance possible from adjoining Garrish City Park to the east as per the philosophy of AACP. Presently, there are no detached secondary masses to be found on-site or on the contiguous neighbors' properties. In fact, they all share with our proposed design the concept of an attached garage incorporated into the massing. We thank you for your review of this matter. Sincerely 4-4-?447 EL Jeffrey S. Shoaf Mark P. Hesselschwerdt 6. 2 + aut ~4(lt /02 -44#4{44 271-0 *-71Â« cait A- 1(1#~~7? lutÂ« 9*yjaul /h ~u, UFâ‚¬ AL <plt,91 c/Li ~ A 11 Elf U,A 44 L â‚¬ 441&1ew 1/1 A . ~ AOE Lxt + 1*A ty Do\- 290(aaÂ«g , ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and agepurLY s. seeAP (hereinafter APPLICANT) AGREE AS FOLLOWS: 1 APPLICANT has submitted to CITY an application f r 98 1 MIN 67 31--adE)/T ~ LoT 1 ,~Sm A. .Su *bt>luslo.1~ (hereinafter, THE PROJECT) 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment ofall processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. ,~ amount of $ ~''Rt) ~hich is for ZO hours of Community Development staff time, and if actual 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse ~ the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. 4649 CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Date: cov 0 V Mailing Address: ?. d, 60% 3 1 2.3 Asfet 9161 z_ g:\support\forms\agrpayas.doc 41-0 7 7/1 46-Of 12/27/99 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: 98 1 1.< INâ‚¬t, 111Ag,r- Applicant: 2â‚¬F-Fiaz~ 5. Sgoke Location: As'&,4 csâ€¢ Zone District: m,- 60 Lot Size: 17,816 44 Lot Area: IZ 9 96 40 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: 2- Proposed. Number of bedrooms: Existing: 5 proposed. -5 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing:*3*DOC) Allowable: 4790 Proposed: 4790 Principal bldg. height: Existing:18 25 ' Allowable 2â€¢SCoDÂ£Proposed-SANAE AS â‚¬919),19 Access. bldg. height: Existing; A~/44- Allowable. Proposed- On-Site parking: Existing: Led:r~ Required: .3 Proposed: t.eS-- % Site coverage: Existing: /2â€¢f XRequired: 4(> proposed: /1,77% % Open Space: Existing: 0 Required: 0 Proposed: 43% Front Setback: Existing: '~0 *1|~.equired: /O Proposed. 25 Rear Setback: Existing: ZO Required: 10 Proposed. /0 Combined F/R: Existing: 60. 9 Required: 3 0 Proposed: SO WEST Side Setback: Existing: 25â€¢ 4 Required: / S Proposed: 20 Â£ NSE Side Setback: Existing: 7 O Required: / S. Proposed. 79' Combined Sides: Existing: 93- GRequired: 3 5 Proposed: 9 4 Existing non-conformities or encroachments: MIlk- vot Variations requested: ZSeEcal 00Â« AASS 4- 14 2 ~17/d A NO Di,halus,GNI><L V)4Â¢-1!sen~14% Bggotâ‚¬Sl-U:f~ Â»61- fÂ«92:7 2~f - 104 24 28) C -2 - LAINv 1 1 1 Lh A bYEN 0003 ATT*C|AM-6 -=03 /11/NiAIUM S JIB/Iliss/O/'<' digi,L}#ITS ; plâ‚¬A-43 - Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q380954-2 Schedule A Cust. Ref.: Property Address: 981 KING STREET ASPEN, CO 81611 1. Effective Date: April 12, 2000 at5:OOP.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 $1,800,000.00 Proposed Insured: JEFFREY S. SHOAF 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or inter~t covered herein is at t~ effecthetate hereof vÂ¢sted~~~1Â£,1,L.,~~( L L-< 36644#*f:et=t'1%791144 a VIA 491 w -1 024 L-9 (20 -0 4 26 I 206) 5. The land referred to in this Coniknitment is described as follows: LOT 4, ASTOR SUBDIV1SION, ACCORDING TO THE FIRST AMENDED PLAT THEREOF RECORDED JUNE 28. 1994 IN PLAT BOOK 34 AT PAGE 86. COUNTY OF PITKIN, STATE OF COLORADO. Ul/18/ UU Â¥789 UP:Do PAA 11/U}IZbt>243 LAND TITLE ASPEN LEI UU 4 ALTA COMMITMENT Schedule B- 1 (Requirements) Our Order No. Q380954-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or inreres[ [o be insured. Proper instrument(s) creating the estate or interest to be insured must be executed ;md duly filed for record, to-wit: NOTE: ITEMS 1-4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY AND A NOTARlZED FINAL LIEN AFFIDAVIT. 1. CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WITH TI-LE TERMS, CONDITIONS AND PROVISIONS OF THE RIGHT OF FIRST REFUSAL RECORDED JULY 26, 1995 1N BOOK 788 AT PAGE 208 UNDER RECEPTION NO. 383696 NOTE: THTS PROPERTY MAY BE SUBJECT TO AN ASSESSMENT BY THE HOMEOWNERS ASSOCIATION. PLEASE CONTACT THE ASSOCIATION TO ENSURE THAT THE ASSESSMENTS ARE CURRENT. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OP THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. GOOD AND SUFFICIENT-DBED FROM JOHN FULIffikTON TO JEFFREY S. SHOAF CONVEYING SUBJECT PROPERTY. / C 0.4 liX ) . .4 UX AOA 3 4-ru -44--- 0*~c~~44-3- AuU et f Â»ful m V 7/ VV . 1-,1.~ ./. ov rAA 8 i UBLOOZ#J LAND TITLE ASPEN 0005 -. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q380954-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 Rights of claims of parties in possession not shown by the public records. 2 Easements. or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in Hirea, encroachments, and any facts which a correct survey and inspection of the preniises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for senducs, laboT or material theretofoTe or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liells encumbrances, adverse clairim or other matters, if any, created, first appearing in the public records 01 attaching Subsequent to the effective date hereof but prior to the date tbÂ© proposed insured acquires o T recont toi- value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due 01- payable und special assessments not yet certified to the Treasurer' s office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. THE EFFECT OF TNCLUSTONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 11. RIGHT OF WAY FOR DITCHES ORCANALS CONSTRUCTED BY THE AUTHORITY OP THE UNITED STATES AS .RESERVED IN UNITED STATES PATENT RECORDED AUGUST 20, 1958 IN BOOK 185 AT PAGE 69. 12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF WATER SUPPLY AND CESSPOOL EASEMENT AGREEMENT RECORDED APRIL 17, 1967 IN BOOK 226 AT PAGE 293. 13. COVENANTS AS SET FORTH IN INSTRUMENT RECORDED MAY 14, 1980 IN BOOK 388 AT PAGE 850 UNDER RECEPTION NO. 223990. 14. TERMS, CONDTTIONS, PROVISIONS, OBLIGATIONS, AND ALL MATTERS AS SET FORTH IN ORDINANCE NO. 4, SERTES OF 1994, BY CITY OF ASPEN RECORDED APRIL 11. U4/19/UU WED 09:56 FAX 9709256243 LAND TITLE ASPEN LEI UUO ALTA COMMITMENT Schedule B-2 (-Exceptions) Our Order No. Q380954-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to tile satisfaction of the Company: 1994 IN BOOK 747 AT PAGE 195. 15. TERMS. CONDITIONS, PROVISIONS, AND OBLIGATIONS ASSET FORTH TN AMENDED SUBDIVISION AGREEMENT RECORDED JUNE 28, 1994 IN BOOK 754 AT PAGE 397, AND SUBDIVISION AGREEMENT RECORDED MAY 14, 1980 IN BOOK 388 AT PAGE 852 UNDER RECEPTION NO. 223991. 16 TERMS. CONDITIONS, PROVISIONS, AND OBLIGATIONS AS SET FORTH IN SI DEWALK, CURB, AND GUTTER IMPROVEMENT AGREEMENT RECORDED JUNE 28. 1994 IN BOOK 754 AT PAGE 402. 17. EASEMENTS, RIGHTS OF WAY, AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY RECORDED MAY 14, 1980 IN PLAT BOOK 9 AT PAGE 67 AND AMENDED PLAT RECORDED IN PLAT BOOK 34 AT PAGE 86. 18. TERMS, CONDITIONS, PROVISIONS, AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED JULY 6, 1994 TN BOOK 754 AT PAGE 878. 19- ACCESS IS LIMITED TO THE TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ACCESS EASEMENT RECORDED NOVEMBER 7, 1966 IN BOOK 223 AT PAGE 562 A.S RECEPTION NO- 125845. 1*Emm 1%,&'#4qll . 1 N,m*,11 M..m .mia.gl il........ 1 G H I , - /. ' 1 , 1 , 1 14 <,\Â°a,i, ,, ~ Â·' .9,1.,t,r ~ 1.l ...,4.vil, . ' r. i',â€¢ 'll '1 44... ./'' A, I , ' ' , i LA. r Â· 1 .,1...,1,1, ASPENT- . F. , 11 1 'jx" , 11,1.L 1 1 . . I Al I 4 1 1 f 11 1 1. .4 '491*/1 1 i, 1 1 1 0 ' 1 . --- 1 '' . 1 'J\% 4 , Â¥1,0 ./ l i â€¢81 ' . *.1 : 71. I 1 1 . ...........' ' 11 04 .-- g. U 3 ' , '1, 4 .1. 9,9,1,349, , ". ' ., , '... ' 4 . 0 1 1,-,I ' ' 1 : I. 1 1.11.- 1 . Iq . 1 1 1 , 11, '1: 441, 17, 1 , ... 1 , '1.7 I , , 1 :1, ? 2 1.f, 1,1 11~ Red's Rd. , 424' 2 Aed* 541 , ' .- Am,~ ~JAk or'-11 1444;,11~d~ - i ked Mountain Ranch . ' T . I N'ROW ' r %,0 , 1 4. .> 11 1 <4, ~ 1~ * 4 # , ''80,0. , ' - â€¢F- .,=,At.'L-f ~4" 'Â·" 444 1 , :J .1,11 1 , .Hunter Creek tiod ~$)0Â·Â·Â· -~-t., , 4- 'a, ~ ' i leâ€¢,ch'/' ' D. 4>. i th , 7./ '10 . '' 197%41Â£. - 94140 4 . 4444/dht j'N +Pr Ar,- :.~ -Â· '~COAtIES 4'46.43+4 Kdo,0 5 '4(;s. ' 'C'. i : , *ted MouritiÂ« 0 4 020 i Â«J > REID &WAIDRONifl i Firstin Real Estate, Rentals & Property Manatement . '',/. ,: , ~ 720 E. Hyman Ave. Aspen 925-1400 â€¢ . '6 .ius~ic fei;lvif'Â·97;tjr-f F 44Â·i/# < At 2, 1,1, 91,7>,7.,,t':,In-4 .4~,,' ' +, 2 , I , , . ./, i '.' , iris Hall 3,2,0 'L ' '2 /:i' u'*r-- : '' -v ,/p'- ,' 4 Conin,unit, ''' i ' . ' â€¢ ~, 1 disspie51 1 ./.fRID Gronde (entâ€¢r , i , 1410 1 ct:, bnal' . 1% E ... Troil, i r g k Nodhg.; r fi u?; , . R : Smu#eler - 10*10 V. 1 41 , I '' Â·re~- Rafe St 440 --- ' *gglerst 17 1, ~fallam .. P ' %1 5 4 1 6,0,04/44 .:*: ' -1 lake / es Â¢ AE n d %17' Â· PV&6444 I 1 i y'(1 16,0. a., â€¢.:~00#gle, Tru,1 .i ~ w C .. 1 . + ,% 1 1 41, MA. 11'.11 1 .1, , 1., fronihil, , 47.: h â€¢,: t Wr :944494;21.1,46* .......*.. 44 t "/â€¢ 1 I. 1 1 . : 0 t â€ž }1011Cm'St, I Rio 4 :<. 14 9- I I ...... fiff A'0111 91 1 31 :feâ‚¬93* 39 49(~ ~ ~ . â€ž -. , 499'er Mountain %4 , 1. , 1 1 & 1101,1 01 1 PÂ«epke jarotne Main St .fer:fee 9 , 1 32 9 VOf 4044 Aspen Â· -2 2 Hymon Aval '13..9 i 2 , Grove . ./4, . ,~LjA'~~~'<~.-" ~~72:~11;j*71Â·Â·1Â·~ 3=,1.41 'rgiii ) /= Mdi'. 1, 1 m 0 '1 , '. 11,.: 1 I 1 1 ,% 9 - -, , Deon 51 8 0 , iy , - * - ' % r 4, 0 1/ 1,1 1 6 4009. 1 Lillia Noll 3 *d &/ r * - * 4 , '1 . F Â· Inlwood 4 Hotel Â·' 2 Calderwood~ , irÂ· Aspen, Grove Rd riverside C. ' T I ,.., 1.f,..) : A: ., ,,-:AE. 47'lÂ°'?,Sum~fs'.gil. ikirÂ°'pt ?tl'~:10 Wolots ~1~ t,i>4 %4~ ~obg , : 12 Â£ Ave. ~ Wosiview Dr. Clair 0. 1.4 1 Fork & i â‚¬ ' Aspen.05! 4>G~ Ute "VA-' f i Mountain Valley w ",22',.f,,'43 ~' '. c, .t. , Alpskd.p~': . pIace / toke Rd " ints twood ' , 11,1 2% 1 , 7 00 -, . S..2 Ute VA- f~ 13 ~. 2- Potk #07~ .' /-Stillwate/*0 r. 0 .. Aspon .0- / Ran 61. 54,1,~ ' ' Ule Jind :Club i *' 3.......~~/ 1~/ 2 .1 0 - i. ~ Inderndence Poks Z 11, 1 , 1 I Af# iI ,ORK %6 $ 62>,0 , 1]10 reserve 1 , S. --/-1.13 9. .. 1 11, 1 1 1 -- . 1 11,1 f; 17: 1/ 1, 1 '1 1, ,% A*:...:'. 1 1 rt:4'40 Pine Laki , 4614Â«Win k Â£ . , . . ~ % -1, 1.46?1.1101'.,As el- ':61; ti; ~<} '' 11, 11 1,; 1 '1 1, .'A- 'r, i , 1 1 *vvp.fil._..., Wt'eÂ»Lâ€ž___Dtip-,f fele'(45"1# BRM.= 1 De:iÂ¢n Al,ti lies,en & c 1,1 "n"Illant' UNTER- CR 9-*M,eÂ¥*t 40/11 74*~ CJ,vi > - ~Â·1J _tÂ«f (2 Ct 1-ULf */r/. ri' 7 04 11>4 b 44 -f- 14 1 . %34.... - 1 1.1 a tl,9,4, 110 : $.44/*~ 'r~ 4%0 1.161.1,11,1,A, /11 1.. . 1 Ill., 1, 1 1 lilli, 11 . 1 .1, 111 1 1 . . 1 11 .4 . 1 4*' 7#&/ 1' alilillif~IP i , . 1 4.4,0 1 1 11 11% .1 ,-En--ary ,-3 11 . U...,4 JA~.le.. 1 ..444 1 L A- - ASPEN titALTY EXCHANGE, IN 6 GE-=- U ' 6 'i -:22 1 .=i' :9~02 .... Â· : ............. . I . . . â‚¬ 94=12 4 .1 1 Real Estate Brokerage and Consulting * 0-4 70 ' 200)0 CO ' /9 Re ' 00-k 0~4 fÂ»/A- Â·Â·41 266Â·4~ Mw (LUL- 6Â«3 l 94 6--2* (21- 1 1 94* 644 VULT Â«- 9,6/t#Lk OUL l./U U )6/ CLAt/VÂ«-1 -V ' i tik-, 6-F a-.ik,/ALL Apitrwt/GA5\ 03 6~Â»4ks j ~124/* aGÂ«141-6 , 1 Al &/1 k Â·0@60Â·Â·B-F~e-â€¢~*k. P. O. Box 3123 Aspen, Colorado 81612 '909â€¢029=*51:3 1AW A In the North of Nell Building Next to the Gondola 4164* 1 Â»1/ L ' 11 . 1 -I m 0 O' m e â‚¬0 0 mr Â»633 IIi - Dr~--hu.j tr~~-1 9/-0-7*Â«-1-1-22Â£691Â¥4 F:~ 71 191) Ezy\ rÂ»Â«*9 [ LF- E 00 E-- 32Â»E , t=z==enl 017= 1 \_ZE==61 1 z , Vota D \ VIZE' 4 1 0 \ C- -15= /2 0 ; 3 4/of - i n - 1-C \Tra =21== 162 - - i Â£ - \,1 N . gE=- \ 6. LU fi/1 1 -- f /4 0 \ 0 -1/1 g LEJ/a t-<- 32==HEEED / L Â»=2= O /432- - 1-- -- I - .. 9Ft ~ 313 gl--4----- 0, Ch --- -Er=-I#f =rii 3~Â·Ur<EfÂ» 2%30*64Â» 312-41 3---:5Isza@2â‚¬3 -#2 I b , TOI -ZIC,W,-1 3941NVA GeD IE69LZ60L6 PE :80 0006/0~ 01 cn 07/20/2000 08:13 9709276931 CAD VANTAGE PAGE 04 ED D D 0 L - 13[ 1 0 11 4194:19riagnsko*n~Mgo -~ - 56 - 01 91 - 1' _ 0. I a R - - 462-Z r 111 < I L W -- Z -7 - - --WA .. 11=Â«- % L G' - i aa -011 0 - 14~~ '4*434Â»34>-~ ., 00 1 Â·*%43Â·40.Â»461*6Â·Â·Â»i* 00. 03 \ . 9 * /1. IF=:\ 1 1 === N 1/1 2 - 21 -i= 0 E'0Z -ME - 1 = 0 2% /31 Nd>4Â»&0141 33*92 1 * 1 1 0 m I mi m x m 0 u u PROJECT nTLE: designed by: 6 D O 7 8 1==1 3 1 71 -r 7 -44Â¢c'NY r,Â·ra Â· -~Â·Â· 4 f,O - E E Anark P. fhesselschvverdt (970)922-9034 =b9 River Lodge t JC. Fernandez (970)927-2233 11= 6 8 EF B 7 0 12 2 g. m 9 0 0 0 981 King Street, Aspen Colorado E BUCKAROO BUILDERS INC. 970-925-9034 0 CAID=Â¥A=7AGE â„¢ 6 COPYRIGHT 1999 -ALL RIGHTS RESERVED EAST ELA UATIO A] : 6121 Y.,4*, W AtsT â‚¬LAV *11 W : â€žO-,I=.Wl '21*73 O-,1=â€ž*/1 '31*99 NO I.LVAE13 H.LAOS ~ ETTR~ Il lilli| " ~| || H SCALE: OWNER: sheet number nc2000025 FILE NAME/NUMBER: 8 7 6 5 4 3 2 1 ~*TE--36706*33 PRAÂ»IN BY: JO 1. EFICE-NKERUMBER: 8 1 H REVISIONS: DATE: a. FE773Â©43/--DILHEIIIIII1I r97FEF"lifilmrer"111111111)117Ei3Â»OrÂ«ErnuoUULLUL[] */2/11*3Â£<r..I I.:tft:Extbi/*PFAV#WAK:bibub.- 63*43304,-...r..Irrirtiftg hA-%Â¥Ti tÂ¢IN--#ldÂ»--- _......0â€¢:50#ZA-Â·-Â·-...7~qXm-irrmli-WirT\ fm'TTmT-PET[-0 Illl/- \\4 1 1 N LI 1 1 U_] Ll]_3 L_[1-1 =94 mi 101 G i rn Â» ~41-99-/8 0 L Ne#fl 111 Ill lin I hy ucc>~ C/am 12*14~] 13 2 1311 11111 : *49~P-44Â¥~MW#9WEdÂ£#9ht~#Yh~NYÂ¥hfNm~f9y~WTfiftf-â‚¬&2EchbalÂ»'Af-#Te#+frtyTYTPMAVY43Â«-Â«Vel n |~ i â€ž ~i ~ i , HM4P+W+Fh94+PU~94P+f*Â¥TM*rNmENFFi~+44'Â»*Â»#mam r-uxl F~ 1 0Lu~ut~_Ulty.-U.IU~U.LL.U~LU..Uiuuu~UU-'-f_LU_U~UÂ·U~+1U,U~~#~~.mL-~I_.10U~_U-1~-UU~U_~-Ul-~~~~3*Foa:1 Lm \1.huÂ» 1 I Fl IF 11 LFÂ»%1Â¥fit E 1 1 E ALEARI-ELEMATION Cl REST ELEVATION E ~ Design i 2------ - ~ SCALE |,6.-||-O ~ j SCALE: 1/8,1= GO" 4 07 9. D D C irrfrnÂ·rtrnÂ·trirÂ·rrmTTrTrrrET-[p-rÂ«r777-17-77-T~-7T7777-r-777=7 C K IE]1231121[3 18110IE1161 alillula L j nvmimiii1111Iiiiiilli11111imiI' NimniniiiriI i Iium~imiiiu Iiiiiiiiiiilll#niill 1% A / yo- ] 1 P----11---1,91,&--' -1 M I - V i - -11- ---11 1 1 11 W 11 hi I \ a 8121 FRI ~ 11 Ill 8%~- m 09Â«1 El 11/ 11 3 If.1 -~ m A A sheet number /1 SOUTH ELEVATI ON A2.0 13 i I 2---~~ ~ J---Eganip=r-Ow ~ SCALE 1/4"=I'-O" ffll 9 8 7 6 5 4 3 2 1 Elevations aiAZ]3S3ZI SiHDIN 11Â¥ - 666 I 1H9IZIAdO) â‚¬ Wl FI1IVJLjÂ¥A-11Â¥3 ~ *~;~-;;~~~~~~ 1pjaMVisig=,d 1;2~~ 08POr-I .IgAI *E06-5Z6-0Â£6 ONI SZ13aling OOZIV>ling :Aq pou6!sap ope.Iolo) uadsÂ¥ 'Jaails fau!