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Land Use Case.510 Park Cir.A003-01
€- 0 2 4 4- Aue 2737-074-21-703 A003-01 ~~4. Aspen Electric PUD Amendment £-414-40 F P C € 4 C 4 .. CASE NUMBER A003-01 PARCEL ID # 2737-074-21703 CASE NAME Aspen Electric PUD Amendment PROJECT ADDRESS 510 Park Circle PLANNER Nick Lelack CASE TYPE PUD Amendment OWNER/APPLICANT Gregory Karauss REPRESENTATIVE DATE OF FINAL ACTION 2/20/01 CITY COUNCIL ACTION PZ ACTION Reso. 8-2001 ADMIN ACTION Approved BOA ACTION DATE CLOSED 6/1/01 BY J. Lindt 0 0 PARCEL ID:|2737-074-21703 - DATE RCVD: |1/2/01 # COPIES:~ " CASE NO|A003-01 CASE NAME:~Aspen Electric PUD Amendment PLNR: 1 0/ i K v ;C 4 LEAck PROJ ADDR:~510 Park Circle ' CASE TYP:]PUD Amendment STEPS:~ OWN/APP:|Gregory Karauss ADR~510 Park Circle r (/SR: ~Aspen/CO/81611 PHN:~920-3866 REP:~ ADR4 , Capz:l PHN1 FEES DUE:~500 D FEES RCVD:|500 (Put in Timeslips) STAT:F- REFERRALS~ REF:| BY| DUE:| MTG DATE REV BODY PH NOTICED - DATE OF FINAL ACTION:~ =7.~-z-C>~O j CITY COUNCIL: REMARKS~ pz: ·I?e.<50 -I' ' lied- 200 4 BOA: CLOSED: 16(1<04 BY: [3 i l.-,~Acit DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: hpp/6 ./ C d .. PUilial*G MID NNiING; C0MMISSI10111 MEETING DATE: 02/20/01 NAME OF PROJECT: 510 PARK CIRCLE PUD AMENDMENT CITY CLERK: Jackie Lothian STAFF: Nick Lelack WITNESSES: Greg Karaus EXHIBITS: 1 Staff Report (x) (Check If Applicable) 2 Affidavit of Notice (x) (Check If Applicable) MOTION: Ron Erickson moved to approve Resolution #8, series 2001, recommending City Council approve SECTION 26.510.040 (ID, Land Use Code Amendment making said Section read as follows: Obsolete Signs. A sign which identifies or advertises any activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director, and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify the requirements of this paragraph. Signs of historical character shall not be subject to the provisions of this section. For the purpose of this section, historical signs are defined to be those signs at least jifty (50) years in age or older. Jasmine Tygre second. Roll call vote: Cohen, yes; Buettow, yes; Tygre, yes; Haneman, yes; Erickson, yes; Blaich, yes. APPROVED 6-0. VOTE: YES_6 NO _0 ROBERT BLAICH YES x NO ERIC COHEN YES _x NO ROGER HANEMAN YES x NO STEVEN BUETTOW YES x NO JASMINE TYGRE YES x NO RON ERICKSON YES x NO PZVOTE 0 MEMORANDUM - 12-61 0 - G,9 1 01:441 'det- TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director C»w'il' Joyce Ohlson, Deputy Director Jop 3Nf FROM: Nick Lelack, planner~JI/ L k G U RE: 510 Park Circle - Aspen Electric Subdivision, PUD Amendment PROJECT: Aspen Electric Subdivision, PUD Amendment REQUEST: 537 square feet to the existing deed restricted AH unit APPLICANT: Gregory Karaus LOCATION: 510 Park Circle - triplex EXISTING LAND USE: Fully Deed Restricted Triplex LOT SIZE: 8,060 square feet FAR Existing: 3,264 sq. ft., Proposed: 3,731 sq. ft., Allowed: 4,566 sq. ft. PUBLIC HEARING: Yes DATE: February 20, 2001 PROCESS: 1-step to P&Z Final Decision RECOMMENDATION: Approval with Conditions NOTE: The Planning and Zoning Commission >24 approved this application on December 6 2,- 9 7, 1999. However, the Applicant did ~) , £-=i'111-:2. not record the PUD Plat within 180 8.5, days, as required by Resolution No. 41, ~ 77'~ Series of 1999 due to plat preparation delays, and did not submit a 0./ 1/Ir'- -12,1.~ .1 recordation extension request within 30 days of the deadline. Therefore, the Commission will review this project Ill'll'll.. ~~ again. 0 1. SUMMARY: -d--nk/ - This application is for a PUD -Saffi.W-4.-- amendment to increase the size of an =15.;M# : - -:I---%..1 existing bedroom and add a new family IX -: i .- , -%.---1-1 room on the top floor of an existing The proposed expansion would replace this deed restricted triplex located at 510 deck and continue around the back of the Park Circle. building. 1 .. STAFF COMMENTS: Gregory Karaus, owner and applicant, has applied for a Planned Unit Development (PUD) amendment to expand the top floor of an existing 3-level condominium. The condominium is part of a fully deed restricted triplex located in the Aspen Electric Subdivision at 510 Park Circle. The expansion will add approximately 537 square feet to the existing structure. Specifically, the proposed addition will increase the size of an existing bedroom and add a family room to the unit. The addition will replace an existing deck (shown on the photograph below) on the north side of the structure, partially located on the retaining wall, and above a narrow grassy area on the west (back) side of the structure. The triplex consists of one 4-bedroom ...." 4 unit (the subject unit), and two 2- bedroom units. Currently, this 4- r.. 40 U.&.1 4.''t#. . J -0 , i bedroom unit consists of V, If approximately 1,824 square feet, and C..4-,=,0-46W .==,-,--.- Ep:: 3 I ' will be increased to 2,361 square feet & .......2.~q~I -,- -al.......... : if this amendment is approved. .... 1. .2,7 remains available for this parcel if the :*.,;iZ.U.*>6'*'. : -,4/AS'//O/"i/////p&'r/, "...... 4. E. other two units choose to expand. The applicant has obtained the approval of the other two (2) owners ~. .4-64,4. :2 '3'*5~ U .b,, i for the proposed project. ~te,229.49,·11:t?· *00,4*E)4 . 4 & 1 The City Council approved the Aspen Electric Subdivision (AH-PUD) in 1992 (Ordinance No. 62, Series of 1992) because it found the proposal to not be in conflict with any applicable portions of the Land Use Code, and consistent with many elements of the Aspen Area Community Plan, compatible with the surrounding zone districts and land uses, consistent and compatible with the community character, and in harmony with the purpose and intent of the Land Use Code. This PUD amendment would not significantly change the structure, and therefore would not significantly impact the community or neighborhood. The subdivision's approving ordinance required that 47.5% of the site remain open space. Currently, 54% of the site is open space, and 52% of the site would remain open space if this amendment is approved and the development completed. Staff has reviewed the PUD amendment against all of the applicable criteria and finds the project to be in substantial compliance. RECOMMENDED MOTION: "I move to approve Resolution No. -~_, Series of 2001, approving the Aspen Electric Subdivision/PUD amendment for a 537 square foot addition for an affordable housing unit, at 510 Park Circle, with conditions." 2 .. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 3 .. EXHIBIT A ASPEN ELECTRIC SUBDIVISION/PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS 26.445.050 Review Standards: PUD Amendment A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding The AACP supports the development of affordable housing and does not appear to distinguish between creating new units or expanding existing affordable housing units. One housing policy is to "work with landowners whose property is well suited and well located to develop affordable housing projects. This project is an expansion of an existing affordable housing unit in an established residential neighborhood which enhances the City's housing stock. In addition, the property can accommodate the expansion. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The project is consistent with the character of existing land uses in the area. The Smuggler neighborhood encompasses a variety of land uses. Multifamily development is prevalent as are duplex, triplex, and single family homes. The land uses vary in intensity and architectural styles. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding The nature of the project will not in any way adversely affect the future development of the surrounding area because of its size and location on the side and back of an existing unit. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. 4 .. Staff Finding The development is exempt from GMQS because it is a 100 percent affordable housing project. B, Establishment Of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The applicant is not proposing any changes to the dimensional requirements for the subject property, and the proposed development will have little impact on the character of and compatibility with existing and future land uses in the surrounding area. The site is set into a hillside with a large boulder retaining wall to the side and rear. The proposed expansion is on the third level of the unit, and the development will expand this third level to meet the existing slope at the top of the boulder wall. The proposed addition will have little impact on the existing topography, natural characteristics of the property, and man made characteristics of the property. The applicant is planning to remove 4 cottonwood trees and plant 4 evergreen trees to mitigate for the removal. The applicant will also plant two (2) aspen clumps on the hillside between the proposed expansion and the street. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. 5 .. Staff Finding The Aspen Electric Subdivision's approving ordinance, Ordinance No. 62, Series of 1992, required that 47.5% of the site remain open space. Currently, 54% of the site is open space. If this amendment is approved and the development completed, then 52% of the site will remain open space. A substantial portion of this development would replace an existing deck, so there is little change to the amount of open space on the property. Therefore, this proposal complies with the this criterion and the approving ordinance. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The proposed expansion will not cause a need for increased parking spaces. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and eonsequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. 6 .. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The proposed expansion will be developed to, but not encroaching on, an existing utility and pedestrian easement. The applicant shall clean existing dry wells to improve their operating efficiency and capacity to accommodate additional run-off from the structure; the City Engineer has approved this proposal. The land appears to be suitable for the development given that the proposal is to extend the living room to the top of a large boulder retaining wall. The retaining wall provides slope stabilization at the rear of the property. No natural hazards, critical wildlife habitat or endangered vegetation exist on the site. The applicant will apply for a tree removal permit to remove 4 cottonwood trees. He has already discussed his proposal with the City Parks Department about mitigating for the trees; the mitigation plan will include planting 4 evergreens and two clumps of aspen trees. For these reasons, staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD although a significant community goal - affordable housing - is being expanded through this development. In addition, the site's physical capabilities can accommodate the additional density, and the development pattern is compatible with and complimentary to the area. 7 .. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with the man-made features on the site and does not detract from the site's natural features or visual interest. The only portion of the addition that will be visible from Park Circle is the replacement of an existing deck with a family room. The applicant shall plant two (2) clumps of aspen trees in front of the addition to preserve site's visual interest by partially shielding the room from the street. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The subdivision's approving ordinance, Ordinance No. 62, Series of 1992, required that 47.5% of the site remain open space. To achieve this goal, a 3-level triplex was constructed, which preserved 54% of the site as open space. If this amendment is approved and the development completed, only 2% of additional open space would be consumed leaving 52% of the site as open space. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The structures are appropriately oriented to public streets, and two (2) clumps of aspen trees will partially shield the structure from Park Circle. The neighborhood already has a variety of architectural styles and this addition will add to the diversity of styles in the area. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding This standard is not applicable because the proposal will not affect emergency and/or service vehicle access; the proposed expansion is to the side and rear of the property. 5. Adequate pedestrian and handicapped access is provided. 8 .. Staff Finding The nature of this project will not in any way impact pedestrian and handicapped access to this or other properties. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The applicant has proposed and the City Engineer approved a plan to clean out existing dry wells on the property to improve their operating efficiency and capacity. 7. For non-residential land uses, spaces between buildings are appropriately designed to acconinodate any programmatic functions associated with the use. Staff Finding This is a residential land use, so this standard is not applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The applicant will need a tree removal permit for the 4 cottonwood trees that are planned to be removed. He plans to replace the trees with 4 evergreens with Parks Department approval. In addition, the applicant plans to plant two (2) clumps of aspen trees to partially shield the addition from Park Circle. No critical wildlife habitat or endangered vegetation exist on the site, and very little existing vegetation will be disturbed. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and 9 .. other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The architecture of the proposed expansion will be similar to the existing structure. It will consist of a gabled roof to match the existing with trim details, finishes and materials consistent with the existing structure. Because the addition will be to the side and rear of the triplex, it will have a very minimal impact on the site, neighborhood, and community. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The expansion includes windows on all three sides, thereby incorporating natural heating by taking advantage of the property's solar access. It will take advantage of natural cooling by the planting of aspen and evergreen trees. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The roof pitch on the proposed addition will prevent the shedding of snow, ice, and water from falling on or accumulating on the pedestrian easement to the north of the property, where a walkway exists, or in front of the unit's entrance, and will not require significant maintenance. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, 10 .. landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed addition will be down directional and in compliance with the City's lighting code and Uniform Building Code for safety. The new lighting will be designed to minimize glare onto adjacent properties. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The subdivision's approving ordinance, Ordinance No. 62, Series of 1992, required that 47.5% of the site remain open space. Currently, 54% of the site is open space. If this amendment is approved and the development completed, then 52% of the site will remain open space. A substantial portion of this development would replace an existing deck, so there is little change to the amount of open space on the property. Therefore, this proposal complies with the this criterion and the approving Ordinance. In addition, the applicant shall plant two clumps of Aspen trees in front of the expansion to partially shield the addition from the street. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the developnnent. 11 .. Staff Finding The proposed expansion will not require additional public infrastructure. The proposal is for an enlarged bedroom and new family room. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding This standard is not applicable because there will not be any adverse impacts on public infrastructure. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding The proposed addition will not impact access and circulation to, in, or around the PUD or neighborhood. Therefore, this standard is not applicable. J. Phasing of Development Plan. €toes not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 12 .. 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding This standard is not applicable because there will only be one phase to construct the proposed expanded bedroom and new family room. 13 .. RESOLUTION NG. ~- (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISION APROVING THE ASPEN ELECTRIC SUBDIVISION AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT AMENDMENT, AT 510 PARK CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Number 2737-074-217-03 WHEREAS, the Community Development Department received an application from Gregory Karaus, owner, for a Planned Unit Development (PUD) amendment to construct a 537 square foot addition to the third level of a fully deed restricted triplex located at 510 Park Circle, in the Aspen Electric Subdivision; and, WHEREAS, the subject property, Parcel Number 2737-074-217-03, is located in the Affordable Housing - PUD Zone District, and the lot size is approximately 8,060 square feet; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Engineering, City Parks Department, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, the Aspen Planning and Zoning Commission may approve a PUD amendment during a duly noticed public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, during a duly noticed public hearing on February 20,2001 the Planning and Zoning Commission approved, by a _ to _ vote 0.3, approval of the Aspen Electric Subdivision/PUD amendment, with conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Electric Subdivision/Planned Unit Development amendment, consisting ofa 537 square 14 .. foot expansion to the third level of a fully deed restricted triplex located at 510 Park Circle, is approved subject to the conditions of approval described hereinafter. Conditions of Approval: 1. A Final PUD Plans shall be recorded within 180 days of the final approval granted by the Aspen Planning and Zoning Commission and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking. and the dimensional requirements as approved. c. A drawing representing the project' s architectural character. d. A landscape plan. 2. The PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 3. The building permit application shall include: a. A copy of the recorded P&Z Resolution. b. The conditions of approval printed on the cover page o f the building permit set. c. 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. 4. 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. 5. No excavation or storage of dirt or material shall occur within tree driplines. 6. 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. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby 15 .. incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion ofthis Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. APPROVED by the Commission at its regular meeting on February 20,2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk 16 643 61 k E 6 0--¥ A ' MEMORANDUM To: Nick Lelack, Planner Thru: Nick Adeh, City EngineeE+z~;7 From: Chuck Roth, Project Engineer d.'2 Referenced DRC Caseload Coordinator Date: November 22, 1999 Re: 510 Park Circle Aspen Electric PUD Amendment No. 1 The Development Review Committee had initially reviewed the above referenced application at their October 20, 1999 meeting, and had voiced the following comments: General (1) Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. These comments must be carried forward exactly as written to ensure the clear intent of the responses without alteration. This is to halt complaints related to approvals tied to "issuance of building permit", and to avoid misinterpretation by readers. (2) R.O.W. Impacts: If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review (1) Purpose of this Review: The applicant is requesting a minor PUD amendment in order to increase the size o f existing rooms. No bathroom or other water consuming features will be added. (2) Drainage & Erosion Control: The drywells need to extend below the frost line and need to have adequate capacity to accept the existing plus additional runoff The applicant needs to provide assurance that these conditions are met prior to applying for a building permit. The applicant has stated that the drywells are in need of maintenance and cleaning, which he will perform. This needs to be done prior to issuance of a certificate of occupancy, and perpetually thereafter. 1 .. November 16, 1999 DRC Response 510 Park Circle Page 2 (3) Encroachment over Easement - The applicant was informed that a portion of an existing deck proJects over the utility easement. This poses a restriction and has created a problem for future utility work in the easement. During a telephone conversation with the applicant, he reported that the deck will be removed when the addition is constructed. (4) Open Space: The applicant will have to secure a tree removal permit for the trees that are planned to be removed and a right-of-way permit if the new trees proposed for the front of the house are in the public right-of-way. (5) Fire Protection: The Fire Marshal stated that the proposed development will not need fire protection mitigation. (6) Utilities: -WATER: City Water Department The Water Director reported that the property has two water service lines crossing it in the utility easement which serve two homes on Sesame Street. The Water Department has met with the homeowner on site, and at that time he indicated that he planned to relocate the lines in order to provide adequate clearance for the proposed building expansion. The site plan shows a 20 foot easement, and the building expansion has been designed to accommodate the easement free from restrictions. -WASTEWATER: Aspen Consolidated Sanitation District The Collection Superintendent stated that the applicant needs to call that District office in order to determine if any fees will be charged. -FLOOD CONTROL: No response! (7) Transportation: CONSTRUCTION: 2 1 .. November 16, 1999 DRC Response 510 Park Circle Page 3 Work in the Public Right-of-way Given the continuous problems of unapproved work and development in public rights-of- · way adjacent to private property, we advise the applicant as follows: APPROVALS (1) Engineering: The applicant must receive approval from city engineering (920- 5080) for design of improvements, including landscaping, within public rights-of-way. (2) Parks: Parks department (920-5120) for vegetation species and for public trail disturbance. (3) Streets: Streets department (920-5130) for mailboxes, streets and alley. (4) Permits: Obtain permits for any work or development, including street cuts, landscaping, within public rights-of-way from the city community development department. DRC Attendees Staff: Karma Borgquist Applicant: Greg Karaus Ed Van Walraven Joyce Ohlson John Krueger Nick Lelack Stephanie Levesque Tom Bracewell Chuck Roth 99M 168 3 OCT 19 '99 04:45PM EN HOUSING OFC P.1 .. MEMORANDUM TO: Nick Lelack, Community Development Department FROM: Cindy Christensen, Housing Office DATE: October 19,1999 RE: 510 Park Circle Aspen Electric PUD Parcel ID No. ISSUE: The applicant is requesting approval to expand the top floor of an existing three- level condominium. The expansion will add approximately 537 square feet of living space to the existing structure. BACKGROUND: The unit is a deed restricted unR constructed under the AH zone district. There is available FAR for the project to expand this unit. RECOMMENDATION: There is no restriction to prevent the applicant from expanding his unit. He has received approval for this expansion from his direct neighbors, therefore, staff would recommend approval of this expansion. dc:h\wordVeferral\510po.mit Aspe'bonsolidated Sanitatio~District Sy Kelly * Ch airman John Keleher Paul Smith * T reas Franb Loushin Michael Kelly * Secy Br·uce Matherly, Mgr October 19,1999 RE 2 71 np, Nick Lelack Ul, 1 J A t. € u ly:'19 Community Development . ASPEJ.- 130 S. Galena LO,fUL.N/T· 1- ~~" Aspen, CO 81611 --.=-JAMENT Re 510 Park Circle Aspen Electric PUD Dear Nick It appears from the application that all that is being added is additional decking. If that is all that's involved we have no concerns. Sincerely, 3.W -»- -- 4-~-9/. 4.< 40 Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 /FAX (970) 925-2537 . ASPEN ELECTRIC PUD AMENDMENT #1 SUBMISSION PACKET JANUARY 2, 2001 Application Land Use Application Dimensional Requirements Form - Attachment 2 Location Vicinity Map Current Survey Existing PUD Plan Proposed PUD Plan P roj ect Project Description Floor Plan Elevations $ FAR Calculations Tree Removal & Replacement Review Standards Response to Review Standards Pre-App Summary, Ownership, Prior Approvals, HOA Approvals Pre-Application Summary Prior Project Approval - Ordinance 62 Owner/Representative Statement Approval letters from other owners Certificate of Ownership LAND USE APPLICATION PROJECT: Name: Ce~co~~ Kbe»~ f klpo~ UkeW<.,1;YDA,NU-44~ 1 Logiox g-,0 A.,i< e-„e C,t~e A™4 w 1 (Indicate street address, lot & block number, legal description where appropriate) APPUCANT: Nanle: 672 66 clgy ~412,42.1 Address: 3-te /<4,2- M- d.1 A e_c_67 „d·~Re.u 374 l/' Phone #: ?40 - 354 6 REPRESENTATIVE: ~AAAE Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): m Conditional Use ~ Conceptual PUD m Conceptual Historic Devt m Special Review ~- Final PUD (& PUD Amendment) El Final Historic Development El Design Review Appeal U Conceptual SPA 0 Minor Historic Devt. ~ El GMQS Allotment m Final SPA (& SPA Amendment) m Historic Demolition U GMQS Exemption U Subdivision ~ Historic Designation El ESA - 8040 Greenline, Stream D Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split El Temporary Use m Other: El Lot Line Adjustment C] Text/Map Amendment EXISTING CONDi TIONS: (description of existing buildings, uses, previous approvals, etc.) A EP<yARMLE- MOUM •16 ~ <DJ 11- 2-6,40 0 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 9-9-PA.1 Scoe OF / 00,7- c>t- TAL '0£-6 7 Have you attached the following? FEES DUE: $ ® Pre-Application Conference Summary ~ ~ Attachment # 1, Signed Fee Agreement AR 2 611 Response to Attachment #2, Dimensional Requirements Form Ly Response to Attachment #3, Minimum Submission Contents 91 Response to Attachment #4, Specific Submission Contents O Response to Attachment #5, Review Standards for Your Application ~ ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM project. A£,e:u E,-aR-vt,LL (?UP A,Am&-,0,~4•,r *| Applicant: Gl&(or. v *>41f ,#,43 Locallon-0 31,0 /41, A (25 A.¢-4 F /dr/'03 e 0 8/ G , f Zone District: AH 1-ot Size. . , / 26- A C- Lot Area: K 3-46 ' i 5/1 (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 ofLot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: 3 Proposed: Number of bedrooms: Existing: / rt Proposed: Proposed % of demolition (Historic properties only): ,»21 DIMENSIONS: Floor Area: Existing: 3,2(Dll Allowable: 465-64 Proposed: 3,9 8% Principal bldg. height: Existing: 27 ' Allowable. 9 7 Proposed: 2 -9 ' Access. bldg. height: bisting: pl/A Allowable: Proposed: On-Site parking: Existing: 6 Required: 6 Proposed: 4 % Site coverage: Existing: .2 4 91 Required: Proposed: 2-9 51 % Open Space: Existing: 547%:D Required: Proposed.- 5 616/4 Front Setback: Existing: / a Required: /0 Proposed: / G Rear Setback: Existing d · Required: o Proposed: -0 Combined F/R: Existing: / 0 Required: /6 Proposed: / S- f Side Setback: Existing: 3- Required: 3-- Proposed: - 3- £ Side Setback: Existing: 0 Required: O Proposed: 2- Combined Sides: Existing: 5-' Required: 5- Proposed: / d Existing non-conformities or encroachments: Variations requested: IT\C- Location Location Vicinity Map Current Survey Exi sting PUD Plan Proposed PUD Plan . . : r ... 09*'Mgle · 4 . k. \ .> r· . p 4- » ,- 1. ~I-14 FAbLL- 1 '' <A 1 A \83 )< . <'il---1 /12 · e .. 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Proj ect Proj ect Project Description Floor Plan Elevations FAR Calculations Tree Removal & Replacement PROJECT DESCRIPTION Aspen Electric PUD Amendment #1 510 Park Circle Aspen, CO The project is to entail the expansion of the top floor of an existing 3 level condominium located at 510 Park Circle, Aspen. The expansion will add approximately 537 SF of living space to the existing structure. See attached drawings. The existing structure is a deed restricted condominium built under the AH zoning. The structure is located on a . 185 acre parcel located on Park Circle. Current standards would allow for a total FAR of 4,566 (see attached calculations). The existing structure has a calculated FAR of 3,264 (see attached calculations) leaving available 1,302 SF for expansion. , ...e,JJ~ - - - c ..·t .ic·FELI, / SM .T - . 3£~44*'DLES 7 f K :T 98©q n .r / ,¢9EPMEt;,3* I - 4- -- - ,»-3.Ct»- .41 ·4 + .. Nert. - I. -<#i. ) I:lul./.lblt*/*I .· w iZLi,2 Dz. 11.L-I- ··. FLASHING TYP. 1 9 / . 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' ~ ·> a- 22%~ 8 :s-2if4240 ~" ~ -2 1 -33~7 - ~ ./.-1:.9 47& il* . t:* &/6.A--I:.. : t .I/* . . / ' 1--4, 1- ..:2,=44 f-I .t .2 .* 6 ..i Jit.~21 221>=.1:1.'le/SE,/29::Al »*M . . ~372>. ..P . , , •4-% ---:-2.:./1-¥C.- >., 115 -3 :J~/15.1,&54#.-l</6/ik% . -"my,-b , 51./.***ree:AM'al#~2*41-j# .- . *4= '. .11$:2-T. .- :-1 . 1 ->- 7221'*.„. L Frfrt I ' - - 2 ,!·- ·12:biM//61"/Blte~Slk/.klbith9ii//803*VAT.1/942 /r, 2-·i, 1 - -46 5-· r · f. ·.,4tf4*~ME#,22:19-<4£5~·5*J<2#4~i~,1~*~r~,425=·.:a 93' MC i FAR CALCULATIONS LOT SIZE 185 Ac 0.185 43560 8,059 Less 25% max slope reduction 0.25 8,059 (2,015) Less Utility/Pedestrian Easement 55 20 (1,100) Less Utility Easement 6 10 (60) 4,884 AH Zone Factor 1.1 4,884 5,372 0-15,000 SF Lot Factor 1.1:1 ALLOWABLE FAR 0.85 5,372 4,566 Standard 85% Factor ========= EXISTING BUILDING FAR Living Space U nit 500 Unit Size 24 x34 24 34 816 Unit 508 Unit Size 24 x34 24 34 816 Unit 510 Unit Size 1st Floor 24 x34 24 34 816 Unit Size 2nd Floor 24 x34 24 34 816 Total Living Space 3,264 Garage/Storage Garage Units 500 & 508 24x42 24 42 1,008 Garage Unit 510 24 x 34 24 34 816 Total Garage/Storage 1,824 TOTAL BUILDING SPACE 5,088 BELOW GRADE EXCLUSION % Below Grade 760 1880 40% Total Exterior Surface: 1,880 SF Below Grade: 760 SF Below Grade Exclusion 40% 1,824 (737) GARAGE EXCLUSION Garage exclusion: 1 st 250 SF 3 250 (750) 3 garages @ 250 SF each Garage exclusion: 2nd 250 SF 3 250 (375) 3 garages @ 250 SF @ .5 FAR (1,125) TOTAL EXCLUSIONS (1,862) (1,824) Maximum exdusion 1,824 SF TOTAL BUILDING EXISTING FAR 3,264 ======== AVAILABLE FAR 1,302 7.-~ZFI.-r'ZI . ' · A- . 9 : n... 949.1/ ..1 .• L: . '· 7 ' 4 49 1,22·.h · . -1- , · 0 ' ~' · . -94* Virt#*1282*.i-· -:72. sa» i.-1 ...i.......1*V'.23*#rj,-2- 5 ill - C .:O -I Vt .1 - ge '4- 4 3- e 5- 1 ] d - A - /1 _____J@Q J - r I - e k-A= €-- 3- - It - - \05 21 [- - 01 : T N e<TE L /1- u- Tkges . . 1. . i· $41 /4-/26 (21 7.7-2, waa D 3 .i V.C. 71€25 ob /3 k ,4-,4,€-9 92> = t <-914-EE kja #ov A-u - i_-i._'~t'. 1/-01' Ile' - - -- Review Standards Review Standards Response To Review Standards RESPONSE TO REVIEW STANDARDS A. General Requirements The proposed development is an addition onto an already existing PUD Affordable Housing unit. The proposed addition does not add density, additional parking requirements, or traffic to the area. B. Establishment of Dimensional Requirements The site is set into a hillside with a large boulder retaining wall to the rear. The proposed expansion is on the upper level of the unit; whereby that level is expanded to meet the existing slope at the top of boulder wall. The proposed addition will have little effect on the existing topography, including natural or man made characteristics. This expansion will require little if any excavation or disturbance of existing grades; and neither slopes nor drainage patterns will be changed. The current lot size would allow approximately 1,300 square feet of additional space under the current zoning requirements for an AH zone. (See FAR Calculations under Projectin the Submission Packet). The proposed addition will utilize 537 SF of this amount. The proposed addition is in place of an existing deck and most of the addition is to the rear of the building; whereby there is little change to the open space calculations (see Dimensional Requirements Form - Attachment 2 under Application in the Submission Packet) The proposed addition is for enlargement of an existing bedroom and addition of a family room. Such changes will have no impact on utilities, parking or other facilities. C. Site Design The proposed addition is designed to meet existing grades and existing retaining structures; such that the existing grades and structures will be maintained. The addition is onto the side of the upper level of the unit. The expansion is set back from the existing front walltine approximately 8' and is 20' above the street. A major portion of the expansion is behind the existing rear wall line at this level and tucked into the hillside. D. Landscape Plan The expansion will require the removal of 4 Cottonwood trees (see Tree Removal & Replacement under Project in the Submission Packet); 3 of which must be mitigated according to the current Parks and Recreation Requirements. The mitigation will consist of planting 4 evergreens around the existing utility pod (electric, telephone, cable) to screen such. There is currently 1 evergreen in this area. The plan will also include the planting of 2 Aspen clumps on the hillside between the proposed expansion and the street Aspens were chosen as existing trees in this area are already Aspen trees. E. Architectural Character The architecture of the expansion will be similar to the existing structure. It will consist of a gabled roof to match the existing with trim details, finishes and materials consistent with the existing structure. See Elevations under Project in the Submission Packet F. Lighting There is no lighting planned for the expansion. G. Common Park, Open Space, or Recreation There are no existing or proposed items meeting this criteria. H. Utilities and Public Facilities This expansion consists of enlargement of existing rooms with no additional need for utilities. I. Access and Circulation There are no changes proposed, nor needed, in access or circulation. J. Phasing of Development Plan Not applicable to this project. Pre-App Summary Pre-App Summary, Ownership, Prior Approvals, HOA Approvals Pre-Application Summary Prior Project Approval - Ordinance 62 Owner/Representative Statement Approval letters from other owners Certificate of Ownership 47' p 4 ..< CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY ~ PLANNER: · Chris Bendon, 920.5072 DATE: 8.13.99 PROJECT: Lot #1 Aspen Electric Subdivision - PUD Amendment REPRESENTATIVE: Greg Karaus. 510 Park Circle. 925.1614 OWNER: same TYPE OF APPLICATION: PUD Amendment. DESCRIPTION: Addition to a unit in a three unit AH PUD development. The amendment does not qualify as a insubstantial amendment and cannot be approved by the Director. Substantial amendments currently must be reviewed by both the P&Z and City Council as a final PUD application. However, the pending amendments to the PUD provisions would allow this type of amendment to be reviewed by P&Z as a final action. Applicant understands that the pre-application, and subsequent land use application, are subject to the pending amendments being approved and the application may be subject to the current PUD regulations ifthe amendments are not adopted. Land Use Code Section(s) 26.445 (pending) Planned Unit Development (P&Z Reso. 99-18, proposed amendment) 26.304 Common Development Review Procedures. Review by: Staff for completeness, Development review committee (DRC), Com. Dev Director for recommendation, Planning and Zoning Commission for PUD Amendment, vesting is automatic. ~ Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD Planning Fees: Planning Deposit Minor ($1110) Referral Agency Fees: Engineering, Minor ($160); Housing, Minor ($160) Total Deposit: $1,430(additional hours are billed at a rate of $185/hour) To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf ofthe applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 20 Copies ofthe complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights ofway, ofthe parcel certified by a registered land surveyor, licensed in the state of Colorado. Exhibit B .-94 02/19/93 11:04 Rec $1*1#'.00 BK 703 PG 951 ~via Davis, Pitkin Cnty Clerk, Doc $.00 42 A, A/g) ORDINANCE NO. 62 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, REZONING FROM MODERATE-DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY PARK NORTH SUBDIVISION, PARK AVENUE, ASPEN COLORADO WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the Municipal Code the applicants, Barry and Sharon Siegel, have submitted an application for a subdivision of Lot 3 Sunny Park North Subdivision.,creating Lots 1 and 2 Aspen Electric Subdivision, and a map amendment-for rezoning Lot 1 from R-15 to AH; and >\ WHEREAS, pursuant to Section 24-8-104 of the Municipal Code, the applicants seek a GMQS Exemption for the development of a fully deed restricted triplex on Lot. 1; and WHEREAS, pursuant to Section 24-7-1007 of the Municipal Code, the applicants wish to condominumize the triplex; and WHEREAS, at a duly noticed Public Hearing held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on September 22, 1992 to consider the subdivision, map amendment, special review for parking and open space, and GMQS Exemption, the Commission reviewed the application and considered the representations and commitments made by the applicant; and WHEREAS, the Commission found that the subdivision, rezoning and GMQS Exemption application complied with Sections 24-8-104, 24-7- 1004 and 24-7-1102, are not in conflict with any applicable portions of Chapter 24, are consistent with the elements of the Aspen Area Comprehensive Plan, are compatible with surrounding zone districts and land uses, are consistent and compatible with the community character in the City of Aspen, and are in harmony with the purpose and intent of Chapter 24 of the Municipal Code; and WHEREAS, the Commission recommended, at their September 22, 1992 meeting, approval to the City Council of the/subdivision of Lot 3, Sunny Park North Subdivision, rezoning of Lot 1 Aspen Electric Subdivision from R-15 PUD to AH and GMQS Exemption for the development of a fully deed restricted triplex; and WHEREAS, pursuant to Section 24-5-206.2, the Commission approved, by special review, 2 parking spaces per unit and 47. 5% open space on the site; and .2~SEL-2=--* WHEREAS, the Aspen City Council, having considered the Planning and Zoning Commission's recommendations, does wish to grant subdivision, rezoning, and GMQS Exemption with ;conditions; and WHEREAS, the Aspen City Council, having reviered the application 7.4 2. .. ¥ i .r'fi.....4.. . 9-C ...44.4... /9... . 63 : r, .w,e i· · , ... .......er. t 67 2 MI~,Ba,#R~,~244,82~116IEM<drmal&~WiMMANAM «354094 02/19/93 11:04 Rec $ <.00 BK 703 PG 952 1,0~mi Silvia Davis, Pitkin Cnty Clerk, Doc *.00 does wish to grant condominiumization of the fully dead restricted :- 5,7217 C Al Ski ':21 triplex with conditions. ..21.- · i.za SU·NE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - ASPEN. COLORADO: ::·S.k*5 124§7 Section 1: That it does hereby grant subdivision of Lot 3 Sunny Park North :~ Subdivision, Aspen Colorado and rezoning of the newly created 4.70.9 - parcel (500 Park Circle) from R-15 PUD (moderate-density i€?759:%-·. residential) m•¢RR-Irlrgetxtal,te.,1*m'.6ag,6 withthefollowing ?&>=e. conditions: 474,4,& 1. Prior to the issuance of any building peI-inits: 4"AOTTE >34938 a. The applicant shall ensure that the slope stabilization is 4.2'4~9 - 1.-3 **09 - adequate as determined by the City Engineer. 11-* 1 -. ff:' 4 b. A final plat shall be reviewed and approved by the Engineering at:,1. Department. All easements created through this application shall be established by a recorded easement agreement in addition to indicating it on the plat. The plat shall include the book and page of the recording. c. The subdivision plat and subdivision agreement, to be reviewed · 11'24 and approved by the Planning Department and City Attorney, shall · .: 9 be filed within 180 days of final approval. - €ik. 4 1 d. The applicant shall submit a drainage analysis, reflecting *2· future site drainaae, performed by an engineer registered in the State of Colorado to the engineering department. 3~1· e. The applicant shall sign a sidewalk construction agreement - . .= . 41 , prior to recording the plat, however a gravel pedestrian area shall 4,6 0 be provided at the time of construction to be approved by the t· Engineering Department. 4624. f. The applicant shall provide a six foot by six foot transformer easement and a four foot by four foot padestal easement on Lot 1 which shall be designated on the- final plat. .2 40 i. 2. Prior to final approval a revised site drawing must be approved GV. 1; by the engineering department. The site drawing must include the existing curb and gutter, and depict the existing · Tailings .5 4. Each unit will be constructed in compliance with all applicable Condominium driveway. 3. All required utility extensions shall be located underground. 1 uniform building code requirements and U.B.C. sound attenuation 4 16, 4' codes as required. 21:·'4: 1 :Int , 5. The applicant shall adhere to the all representations made in ~~ 3.f. I 4 t.. f. el: 1 1 :73,1@F#UBS EAW* - . ·218 . 11*1 S..4,· ,· . 14 :5 7. c·- · , ~ . loth i . 40.3.. *-r'-i L. 4149 .1..i-s-·-J-9.22 t... / 14 - 4 1,3 -; 2.1.41> I.C... .44*06.-Irs 1-i~->1-- r . i: ...4 - ... ... ·¢ye.'.#Alt ~:4629'11.7~44,-AilrIN.1~27..-TIOT.J.J:J,II€2 : I ·S:Mit€4~ €·23113- 919:9#NONEE-'fi '449. *Plt#«419?39391 ~milmt .. .I + .1 i i - A Silvia Davis, Pi'kin Cnty Clerk, Doc *.00 11354094 02/ 19/93 11:04 Rec $ 1*#'.00 BK 703 PG 953 < the application and during the review process. Section 2: :4':I ' That is does hereby grant GMQS Exemption for th,3 development of a fully deed restricted triplex with the following condition: 1 1 1. Deed restrictions shall be reviewed and approved by the Housing '.re . Authority and Planning Department prior to the issuance of amy X<-41. 0 building permits for the three dwelling units. A• 1 1.-4-9.1 L. 2. The deed restrictions shall contain language enabling the 27·i.* Siegel 's right of first refusal when the units are for sale as long -4.2.:St,t as the Siegel's own their home on Lot 2 of the Aspen Electric .4 , •.u Subdivision orhis business, Aspen Electric. 7 2/,h.:~I , section 3: That l S does hereby grant condeminiumization of the three residential dwelling units with the following condition: 14 b' / 4.. 1. Prior to th. sale of either unit, a condomir.ium plat -rhich meets the requirements of Section 24-7-1004 D of the Municipal Code -4 . and a Subdivision Exemption Agreement must be filed. The f inal 11 ' ' plat and agreement shall be reviewed and approved by the Engineering and Planning Departments and the City Attorney v , - Section 4 ; r.- The Official Zone District Mar for the City of Aspen, Colorado, :, -L shall be and is hereby amended to reflect those rezoning actions AS set forth in Section 1 above and such amendments shall be . r- K 4-,1 promptly entered on the Official Map in accordance with Section R <1' r 24-5-1036 of the Municipal Code. I Section 3: 61,4 1 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional d by any court cf competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions t .'.- < 8:- thereof. 1 1 t' Section 6: This Ordinance shall not effect any existing litigation and shall ' not operate as an abatement of any action or proceeding now pending Yi ' ·% under or by virtue of the ordinances repealed or amended as herein -- provided, and the same shall be conducted and concluded under such prior ordinances. -3 , Section 7: j . :4:4.-1 A public hearing on the Ordinance shall be held on the ...... t..., :0 .I 4':hORVAF. 1\.eum. - v. , - 3.---acaa¢a;keitilL#~#42ri,KA#W- 3 54 .LFIt 2 1.*98/ · • - .:.r . . . , ·· ,· 4 ''. 4CP ---' 1.1.:- \. AgE ' 60 Z $%25mt .. , 0 4/.4. , 4 , a.+NLE& .k=ki r /32Bbial 1 ·t 1 I. 11354094 02/19/93 11:04 Rec $1*£00 BK 703 PG 954 Silvia Davis, Pitki, Cnty Clerk, Doc $.00 , day of October 26, 1992 et 5:00 P.M. in the City Council Chambers, I I I I Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 1,64 hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. ' 3-'./1:ki i :It..y«. INTRODUCED, READ AND ORDERED PUBLIEHED as proviAed by law, by the City Council of the City of Aspen on the /.3-~ day of i.../.. ' 64•..Al..,tz.0 -, 19 9 2. D /3.._Ot- .ifiEt.. - :%12$29 - 1 John' Bennett, Mayor '~ , ATTEST: .!03'49• .ily'*.7 2.ed: 0 7 Kathbyh '. Koch, City Clerk [R?.,68 1 13$.4,-4~·-4 FINALLY, adopted, pass -d and approved thic· -·254ZL-day of Lkl·94 " ~~1€k~,~ 1992. Eli' - 4 I : 14.4,} 11 2»1 1©.23.-324 1 . 1-.7 1.- -' t John' Bennett, Mayor NY¢' ' ATTEST: 1 £42• J Kathryn~. Koch, City Clerk .21 ./ . A 27.: 165 :4 '9*.. yl?'I·L I 07,13 'N m·/.f Et 7 1/X.:·2 i 04 ms f*f.·. c ir- 4 2- ?9455 A (it: 1 -4,0.... i tA: .. . /\.2,9 ~ · - TA. --:- 744*..</94#.fk'fa-'t~ r£*§~- 4. f. tf. ./0 . .- 1 I .L.. 1 • t 11 1:„, f (4.N'.,.. 0:,0 >t 4 '' ' 'V 't :L- 2 , ..2):7 - at ·, To: Community Development From: Gregory Karaus, Applicant Re: Application for addition at 510 Park Circle, Aspen CO The above mentioned project is being applied for by the owner of the condominium (Gregory Karaus) and the owner shall also be the representative for the proj ect. Thank you, Lour o L 1 - /51/Lak-_04-9 Gregory Karaus 510 Park Circle Aspen, CO 81611 920-3866 To: Community Development From: John Gloor Re: Expansion at 510 Park Circle Dear Sir/Miss. I have reviewed the expansion proposed by Gregory Karaus to his condo at 510 Park Circle. I find that this addition is acceptable and approve it accordingly. Thank you, . 01 Al/L <B- 16- 161 John (06or Date Ownof 500 Park Circle Aspen, CO To: Community Development From: William Thomas Cook Re: Expansion at 510 Park Circle Dear Sir/Miss: I have revi ewed the expansion proposed by Gregory Karaus to his condo at 510 Park Circle. I find that this addition is acceptable and approve it accordingly. Thank you, Tom Cookman Date Owner 508 Park Circle Aspen, CO , JUN. 29.1999 10:42AM PITKIN COUNTY TITLE NO. 1808 P. 1 CERTIFICATE OF OWNERSHIP ~kin County Title, Inc., a duly licensed Title Insurance Agent in the 5-ate of Colorado hereby certifies that LINDA MARIE KARAUS AND GREGORY DONALD KARAUS &re the owner's in fee simple of the following described property: CONDOMINIUM UNIT 510, SMUGGLER'S COVE CONDOMINIUMS, according to the Condominium Map thereof recorded March 5, 1993 in Plat Book 30 at Page 94 and as defined and described in the Condominium Declaration for Smuggler's Cove recorded March 3, 1993 in Book 705 at Page 103. KNOWN AS STREET ADDRESS: 510 PARK CIRCLE ASPEN, CO. 81611 Encumbrances: Deed of Trust to Thatcher Bank recorded March 11, 1993 in Book 705 at Page 804. Subject to easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and ia furnished for informational purposes only. PITKIN COUNTy .Ty.LE-C . author'd_468 Bignature 92TIFIED TO944 ne 13, 1999 @ 8:30 A M. 01 JUN. 29.1999 10:42AM PITKIN COUNTY TITLE .., NO. 180802. 2 , 4 . .. -'Al ' ... . D."19,90 0354763 03/11/93 11130 Ric $10.00 BK 705 PG 802 Silvia Davis, Pitkin Cnty Clerk, Doc 519.70 CITY OF ASPEN WRETT PAID WARRANTY DIED DATE REP. 210. 31, / 14 -5 1.-lE 05443 TITS DmID, Mad* thi, 09 day of MARCH, 1991, 4 between CrrY OF ASPEN C BARRY C. SIEGEL AID SHARON L, SIEGEL :e EXEMPT FROM HRETT DATE REP NO , of th, County of PITKIN and State of CO. Grantor, and 311,193 HE- 1(046 LINDA MARIE KARAUS AND GREGORY DONALD KARAUS who,8 1-gal addr... 1, 510 PARK CIRCLA ASPEN, CO 01611 of th• County of PITKIN and State of 00, Granteen :1,-lte c .It' 7;,55·. WI'ZMESS, that the grantor, for And in conaideration of the euro of $/26*21 2.Mi,FY € TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS .1231 rhi rec,lpt acd ouff talow, of *{ch €~ 1-rity I¢krodlicbid, h,4 gr«1™1, h•r,Ir-d, •old *nd =1417*, wn by 0-• .0.p#4449t ~;~~8.21 Wrwhets ' $, d-• gr~11, birvel•. •cll. 0,•wly wn confirm unto the grwria. their 1,1,• ••1 -4150 for•v•r. not in ter•ro, lr• co~-bir Ff·<AKA 15'Nf*T'*,4 ~ ~ ,< . In joint t--uy, vith rv,t af *141*or•hip, all the r-l prworry. too*Ow. vith 1991•-ti. 11 My. iftl~ti , wing· IY, . +,·~ ~~f;~i 5.}F, 1 'Nolat ,:t'.2 bilng in th• C,-ty of /11*IM, St- of Coler,do, d..,lbed a, followl 1,&...6 /1 r, 1 434/ dA 2 L CONDOMINIUM UNIT 510, S:1KXIER' S COVE CONDOMINIUMS, according to th. condominium Map thirlof recordid M.irch 5 , 1993 in Plat Book _19 ·at 075 1 I '1 , 0 Page _94.. and ag dofin,4 and dancribed in th, Condominium Declaration- for 1*fl 271¤1ER-S Cove ricorded MARCH· 3 , 1993 in Hook mi at Pago 121· COUNTY 01 PITKIN, STATE OF COLORADO · CAPY.94• i ,::d· 6. t~dd;.Wt U. il, 14' J k.+1+1*4 tr 1611¢1 4 -0 4 '1 tr*,7.39, 1, 'mt.N.h"/ %*td , ' 4 p@'4 /leo kri,< 6, 510 fAAK CIRCU - A.t,41, co A1611 e '. ,/ y f.1414, TO{12™kM with ill -d ilron•, th• Piridlt-int i -ld ~wrtiyionci, tharay,to bitording, *or/18+071 4*.1 + ' ' · ' '~5~'~ arld the r,nr*lon•, r-16*.4 r,-lrd,r„ r,rtti. 11,u,m *0 70#1 t~r«:,1, *zall:*<~46~~~f~~~~E~<49~.~t 44 E ,~~41~ C cl•(/ 4,4 d„.4 jiiwdir of rhe grttor, lit kr in l- wi ijg,k,1 of, 1n ad to thi ,bb€ *~:~3 4~,~,~~,~~~1~<~,,~.~,~vi~~,~d~,~~~,~~~5<~,3,,~C,)~~A~&1 h,redlt--Ita .0 *0Uct*/tML tipAM TO KAYE UID To 0*U th, ul d pricli~ obove E-~141Md 9-1 de,cribed, wlch thl ,ppets,~*.~90'6':fo< 0,~~4 -„v/,46':>VDhiO,it , *tr helr, 4 obilgn, for-r. Ar,1 th• oritor, for hi-lf, hlia hetra -,d p,r-,c¢,bl *•pr••16€Atio#d·,:194 Fo,/enant -~" mtika,QU#N*1416?~CL.241 barg•in -1 -gr- 0 -d vith th, grmr-*, thetr 1-lu *d untgri, th-t K 'th• 41- ulf th• M " pre•.nt., re ,• w•tl litz•d of thi prval,n *119 galvey•d, hal ocad, suri, Wrfict, ab,616·N d-, lr,G.·r-1 41»Fit&«.'8**'4?/43£' F tr,l~rifince, in lav, In f le .liple, 4 W gaod flght, full pot,cr Inj Low·ful iltrhor Ity·<1~Ctgrycl,t#'14 $1n>--*allghrwly,~9~6. -, ,'4 , 1%: 16 *- in -m,r id ion •lor,-ld, Id e- th• 1- ar• fr- and cl-r fl-•el for-P,~0¢:P~*A~r~!~~M~ te;05 u.' or rwitur•-joivir, ax©•ft.-f/" c®€ f.,f•"AWAI.VY.b. 2, #k I . ' A,1'1( % M%, tax.g> „I.,im.In., /,clabr,nci, and re,trlcrion• of wh.tmr r. 7 ™ ~' '·'/' '4740 c p t . - . ·6 · 4 " . . 1995. Ir,1 -bjoce to thoel -0.,re «s lit forth J £.hlblt 'A- Irtached Mr to Ind mid, I Ar.1,1€@6# 4 .. I . , , 1, 0 , 17 Ind thi obovi b-gal-d pr-lan in thi quiet *al Fic-ble poie*ailon of thi grint-•, tifi 4@wor'of#.144&443;V/- G-.4 -5%51, autgrm =11 tb• helr• Ind -,17•• of .uch iverthur, =9•{n•t all -1 ...ry par-, or .r,40 -£404*'AM'9·%#1*';''Al¥*144 wl,ole or al, part th,r«of, the gr-,to• •1.,ll - will WAIRANT AND FORNE DEFEND. 111*· ilngut»r 1~6;r SIR~~3~~#~,<~~~~~ thi plur. l th. •tr~ut- , *·d thi uu or Irty gindir ir-ll bo applicable to ill ger•jiri. '' B· 2·14*dt ? I>·"··~4·~44'3 Ill WITWISM VI(ncof thi grantor hal eurrt,4.*13• d-d on thi diti *it forth ~bowe .· 906 - . LAM. 4 41.,AD 9- gr-70--/t_ O St,AmoN L. Qma O .,/fet ,·w'' %4-4 7- ./ fict :.4:9 - 44 . 4 STATE OF COLORADO j '' f·• V, · ) ISS 'r .. v r · COUNTY or PITKIN ) ./. Th• for•gaing instrument wae acknowledged before me on thia 9 th day of March , 1993 by BARRY C. SIEGEL AND SHARON L. SIECYL %22::i:%271:N.:fic,IM.gial . ~ 2%; 4 4-1 , 1 ig~Ift-- 1 [SEAL_J .Ge/S )008 k NOTARY PUTCE 1 4, 3 EXHIBIT -A~ - 1. Taxes for the year 1993 not yet due or payable. ...3- C f , 2. The pramiee,3 hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the ~ top or apex of which lie8 outside of the boundary of paid granted premiees, ehould the earle in its dip be found to petnetrate, f intersect, or extend into Bald premleas, for the purpoge of extracting and removing the ore from ouch other vein, lode or ledge 1. '.77 .'ff as reserved in United States Patent recorded in Book 175 at Page 168 4 :-'51··17¢ - ' and Page 171. 3. Eaeemente, rights of way and reatrictiong as set forth in Deed recorded March 30, 1964 im Book 206 at Page 301. f ,- .1 , 24%42'· U 4. Terms, conditionB and obligations of Water Agreement between John L. 3 4 : 4 Herron and Royal Land Corporation and Anthony Baruman, recorded. , 42; 1 7*00*:,41€, November 20, 1964 in Book 210 at Page 206. P 34/,Ar P i 5. Terms, conditione and restrictions as contained in. EMAAment .Agr»Antnis'N.' 1 1 A':01'. k™14/16 , t]'18 by and between Jack Jenking and Salvation Bitch Comph>ny, 2@66'ta,Od:,·71 /9...... -lf 12411 4 -k 1, tr September 16, 1977 in Book 335 at Page BO. 126,64,2 AL'I'J 4 -4 1' 1 ' rt· 5,20& 6. Terms, conditions, proviglons, oblign·tione and all m*liter:e vas, feat·, ·'· i £, 2 4,911 13·4 forth in Regolution of the The Board of COUnty. Ctimmies·ljoliter'b): D'6'¢81·dea. -- ·-'0) 1 1 -11 7/t. lia.!*T 1 *Fill 'l.iw), November 13, 1992 in Book 694 at Pa-ge 4.47 Els Regol\12'16'h?N6:.·.9.6,5-541/·' V ·919 4'I ,;,~.'I '. ''' I'l'..''·~4-1 ..t€-11 7. Terms and conditiona of Acce'gs Ensement a• gat' foi:15& En„ iIi'@'ild**6+ "ll recorded February 4, 19973 in Book 702' at Page 755. iwegawlial:At. 8. Terms, conditions, provisions, obligations:, ·eddeirldn'En,j ·:Ink€b.i,6€1)6ile, i'' ,'.)*fil 1 and a.se'0Hmeritg. aa met for'.th in the Cbn-doWint·d*#PA¢·104#'¢it?R>fori'.-r?- 1-11~ 1 0,;24,31 Smug·glet' s Cove recorded' Marth 3, 19'93 1* Bo,ui '7:0*.n.6€3'·Pi#R;.40316· .-' -' '&4\14.·04 *Mfi 9. Bagamants., right• of Way and all mattars ast.Id*dioi-68·.)8441:~h#ty#f#tk,*4. ,<·,C'·-~·.-: Siegel- .Mascotte Lot Lind A-85,ir«t6ent Plsh€,dA'@brkfA'd'$56%#*#MN,1*iRiafdd¥14*,JO~ 11 44 A. Plat ·Book .35 at Page: 84 ·and the' ~PliNt, off &'A~i#'UR-(«84»*~is#¤41*441%~5,~ ~~~T §~ ., 1- 310 l. recorded·February 1'92 19'9)3 in flat '856*.3~0 643%,b#&486. 74(. 1 3 -·-' ,> 4~"'-"h~~~~4 1 /1 'IL..1~,i 1.1'.'.':P.407 -flq,1.1 :,7,7,€[,a 10. Eademente, rightu of way and all mattate. ·ae~-;dia'clbaed..6.n,.>*At,14%,i:~i,,,,·:,41 ' - f>.:'1<·rk-* 0. 4 Sh~ggl~r's Cove condombiah recoraddy*ra ,55 ··6993136:,1~f%?ptfift¢%~ffi FE '41 :· · i ·00:ty.Di'44.r/*.12414Uwa,244#89&/9 11. Terms, conditions, provision•, abl·lgation'e and:·,&'11:jutet;fkjh·4»*.*.·3;>01~':u·+~?943, forth in the Article• 6< Incorpor,ation of Smu,01'bkis <44*,2,0domlri'Et£*f:44*£ 42 Association recorded , 1999 in Book at.4 Hod,4$/7,··,d.We' -·2·', ·t,'I, 4%6' I :' ··1''r'/P(*2~11*?7:< 9.7-2 3'f·h 111%" 12. tarm•, conditiono, provisione·, obligationg and all mA:ENU;.<4¢4'Be·.4:;.· ,B,t~ul,6,;,4,•,0 4 ¥': forth in the By-Laws of Smuggler'e Cove· Condominium, *'Elia%~€9,%21%~~4 ·;*f; 4.45% 3 44 *A:37% recorded , 1993 in Book at Page . ¢:354763 03/11 /93 11r30 Rec £10.00, UK..2051.·P'0,!,'063,·c:q 9,*Mi ·~. . 1 " '..." Al,A 4,1 J Silvia Davis, Pitkin Cnty Cl,ork, Dbc *49,70 5//65...· 721, .'5*%:14 1*yir} ---c; 4~4< I e , , , : S i' ... : . 1.- * ~**f·*lit.4. %+SA>:¢00' · ·441 ' · , R.,2 eMWA -0 lf£< V-Il&r.WHIJ~#' ' : fg ~419&31*06& Mi~hifl~bmf4y~&f~~~f# .-,tr #354764 03/11/93 11 t 31 Rec $45.00 BK 705 PG 804 Silvia Davis, Pitkin Cnty Clerk, Doc-. $.00 i 'k ' b 4-17*. M.1 im/,2 Alqi, 9* UnD Fo *-Mim Datal - 1~ 4; 4 2 19»82 *»4995 LOAN NO. 3-930701 THIS DEED OFTRUST (-security BRNmite) to ¤»do an NULCIt . 1993 , el,Litrly- £ amenS 11» g™nt™, LINDA MARIE KARAUS AND GREGORY DO~ALD FARAI/S E.1> *·.. EM¢jf r, \ Ir<*, )84< the Pelic -* of PITKIN, Couoty <"rt.*r). EF €}4. .d (1. b-inawy, THATCHER BANK Federal Savingm Bank, 0 2% vhkh 4 0*DAind =4111~ting und.r>Unknof UNITED STATES .and ¥/ht. f., 54# ft, 0.1,6.. i. *40. DRAWER 8818', Al?,4/ 4·90 9//*UN; CD' 91201 (1264*/)- ' 1 '5, b "1 4(-2 Bo,I:&9•7 *'AW, 0.'Pdnoip•ir•=Dof au~:#UNC)**~i,trIIIRTY·-FJIVE<~MOU5*ND +NO 00/100 ~ 0~0J' hy'*//' /54:I NI:S..$ /; i~l 4444.>.c*4)4'~*1.8.'blu#401Fii~F+il'~4ii;'ti~,iullid*1,~ p£2(3(<t:tjvdMi 495:4**0, *359(0 56,6.0,0 , ) Olikdabt 10:*viatecod \'y Boczuuer Ia'aerb. dele£ :lhdroamp-dit•:~~t, 4 29. 314~ ......'litt~~utd¢56#&9Mtd- 79*-FAL f't,~ .dW.·~T'2-' -';~.f- 4,4161&WI-'4*~46:.~43~M~~0..t1<61,1 - 't ~4444·j{**,<.°k,rbf~*4*kit'~de4 14440»*.*~i. Q ...l r 4 040%0¤§*TION,~~SA,'-b *0@51¥R,/,85.4.G.2..~~.4,~199~* t.RARCH 34 :..4 .4 11/ + Mfi 1993 70 1*6*'7bi ~ ·C?**,;pA~I, )19344 ../6, ' - . i.,A '·....J .„4. COUN* 01 491~44*Nii /4 STATE OF COLORADO:. :'' ; ''. I:/1,~'?~'+'~.'P:' : C ,i j 45/ h h•• 9 add,- of 5.10 PARK CIRCLE, tmIT A aSPEN 1.- 36 -1 . .." "' 'r , 2 k 1 .1.} f.,1-,r-1 1,1, . 79 ,' i .'~ 20·~. Ifto#k. im'••J [04' , ·44'ranki 81611 ,44 I•,1,-"r Colorado (-Prop•rty Addr-'); 1 i g. c/4. ~~~~F·;4~~ TOOIrrHER WITH .11 0 ' I worbln,Enoremetedonti»prop,Ity, ADdille'"uniob& appqn•o,nt 4. 11/14%460</*, 1 24,6 'J, I 449 f 254 now or b...hz.. part of [hz pmpe•ty. All rept,cantcm gall dailial Nhall ,1,0 bo oo¥*red by thia Socuity In,£~~*at AU70, 1 6 fc.gui~g i• n,f..d to in Ud• S*cuxity I - 9: : I. 4 '0%441 BORROWER COVENANTS {hal Borro-rls 1«WUty rdied ofth,00,jolic*y convoyod indh. the right higrant And c®voy -:· "LAY "'108'# 1 the hop=v iad thit tb. Property 1, un/ncomh-d. Eicept ibr Moumbr,nce• of moord . Bormiwef warrets - will def- ,-ally tb® tillo 60 the PrIBIty *gainst 111 51•im• 511; da=.dn, albje©t to Ray ==umbruie- of re©old. COLORADO - singl, Fintly - 12-,Mt, Me,/R=ddi ••o UNIFO ~~~~UIT"F,r Form ZOOBIg/O 1 LIFT /10(81//1 8. 1 /:ft:* 71 - -·,..-i»~ 73,~"fl'*r,intitr - 5-4, ~ - * - . 1 . ' .1 . -. I w .rh• . •'•rcu. • - i.·'.I»rN