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Home My WebLink Aboutlanduse case.boa.320LakeAve.003-91 ~. NOTICE OF PUBLIC HEARING CASE 191-3 RONNIE MARSHALL BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meetinq: Date: Time: April 11, 1991 4:00 p.m. Owner for Variance: Appellant for Variance: Name: Ronnie Marshall Address: 320 Lake Ave, Aspen, CO. Catherine H. McMahon Garfield & Hecht Location or description of property: Lake Avenue, Block 103, Parcel #1, Marshall Lot Split Variance Requested: Property is located in the R-6 zoning category. A deck encroaches into the rear yard setback. Applicant is requesting that 32 inches of the deck which is above 30 inches above natural grade be permitted. (Sect.3-101 Definition-Aspen Land Use Regs.) Permitted projections into yards (A) (5) Uncovered porches, slabs, patios, walks & steps, which do not exceed thirty (30) inches above or below natural grade. will applicant be represented bv counsel: Yes: X No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE March 8 19-21... CASE # Catherine H. McMahon APPLICANT Garfield & Hecht PHONE Q?, 1~% MAILING ADDRESS 60] East Hyman Avpnnp AQPpn, (',nlnr::as1n Rllil1 , OWNER Ronnie Marsha 11 PHONE 925-5551 MAILING ADDRESS 320 Lake ,,>venue, Aspen, Colorado, 81611 LOCATION OF PROPERTY Lake Avenue, Block 103, Parcel Ill, Marshall Lot Solit (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUN&%b YES--K- NO_ ======================================================-~-======== Below, describe clearly the proposed variance, including all dimensions: and justification for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case~ See attached Applicant's Signature &~~k) /r/' ") )t~tj/~J ---------------------------------------~:.::::::+-'6~~~~-:? y"k REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCEELL YE "PRES~D :0 ~ BOARD BY THE ZON~~G DEPARTMENT STAFFi ~_,~.. rj,~ \.,--:> ~tC(1t-(( v,,-~. \Q--G ~(IV\N"^t).. (~I.)~rF (l c~~. JUMj'{~ '. Lv" -t-:-D -\-l\Q \ Wev\. '-\ HI . S-:~! i:,l'IL'~L. _ '~ . ~ci~\r~ J. -3t.:J --rlv,-:~ '\~-.l,~CCilfll\~~.cS2. \.U~llv0~'>. G.) ,,1j'Lt~,' ~~)C ~CII,~~ UVl~ k ~'l..~\:ULY, (S::R...d-.3-\O\ ~0V'-'-t-~-.A;F~~ Lw< ~fS j , D~TE :l~~E.~ED ~IJ.~ \{(Ci,U "OFFICIAL ~/kcl~ ~ll/~~A~~OF APPLICATION d l, '( ~1~EARING DATE r l ' "'l&Vl dS1A-lf J ~:-\LrG\'~ilJj:1&;~Ol "Il~ t S (oJS j fcdz~-s .J, tv o-Qj,~ { ~-fQ/0) ,.~ f-vvc:t.... 0-0 ,~~, ~rS\~A]V y C?,o) ~~CJ Cl~-e. at. 6l!()l(\ tJ '~t (LA. &nl ck / ""' .-..- GARfHIElLD Be HlECHT, P.C. RONALD GARFIELD' ANDREW V. HECHT** ROBERT E. KENDIG MICHAEL J. HERRON*** AITORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** *alsoadmiuedto New York Bar Ualso admitted 10 DistrictofCoJumbia Bar .ualso admitted to Florida Bar ""also admitted to Illinois Ba~ March 18, 1991 HAND DELIVERY City of Aspen Planning Office Attn: Bill Drueding 130 South Galena Aspen, CO 81611 Re: Ronnie Marshall 320 Lake Avenue, Parcel #1, Marshall Lot split, Aspen Dear Bill: By letter of March 13, 1991, my secretary sent you nine copies of an updated list of property owners within a 300 foot radius of the above-referenced property. Enclosed herewith are nine copies of the list of property owners dated June 12, 1987 and the list dated November 2, 1987, both of which lists were updated by the list sent you last week. Thank you. Sincerely yours, GARFIELD & HECHT, P.C. ~ )J"'AJX-lJ~ Catherine H. McMahon CHM/bc Enclosures ,..'..c..... ......... GAlRf[JEJLD & HIECHT, r.c. RONALD GARFIELD' ANDREW V. HECHT** ROBERT E. KENDIG MICHAEL J. HERRON*** ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 8]6]] TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** *alsoadmittedto New York Bar **alsoadminedto District of Columbia Bar ***alsoadmilledto Florida Bar ****alsoadmilledIO Illinois Bal March 13, 1991 ~~ (~: "" / . " ./;:'Li\. , .~ .' .,'~ ., ;~,1 '~p ";'.'.137991 ; I f city of Aspen Planning Attn: Bill Drueding 130 South Galena Aspen, CO 81611 Office Re: Ronnie Marshall 320 Lake Avenue, Parcel #1, Marshall Lot split, Aspen Dear Bill: Pursuant to my letter of March 8, 1991, please find enclosed nine (9) copies of the list of property owners within a 300-foot radius of the above-referenced property. Sincerely yours, G~~IELD & HECHT, P.C. 1\a:tw 'Ili/e </)1 aJ~T7V Catherine H. McMahon t"1!....- CHM/bc Enclosures ,.~ -- - GAlRfliJEJLD & HIECHT, r.c' RONALD GARFIELD* ANDREW V. HECHT** ROBERT E. KENDIG MICHAEL J. HERRON*** ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** *alsoadmittedlO New Yorl Bar ualsoadmitledto Dislriclof Co]umbia Bar ."alsoadmilledto Florida Bar UUalsoadmilledto Illinois Bar March 8, 1991 City of Aspen Planning Office Attn: Bill Drueding 130 South Galena Aspen, CO 81611 Re: Development Application for Variance Ronnie Marshall 320 Lake Avenue, Parcel #1, Marshall Lot split, Aspen Dear Bill: Enclosed please find nine (9) copies of the above-captioned Application, together with a check in the amount of $20.00 to cover the application fee. Nine (9) copies of the list of property owners within a 300-foot radius of the subject property will be delivered to your office on Monday or Tuesday of next week. We would appreciate the setting of a hearing date on the application before the Board of Adjustment on the earliest possible date. Thank you. Sincerely yours, GARFIELD & HECHT, P.C. ~ )/U2/~J Catherine H. McMahon CHMjbc Enclosures cc: Ronnie Marshall (wjenclosures) James Von Brewer (wjenclosures) DEVELOPMENT APPLICATION FOR VARIANCE Applicant's property is a designated historical landmark on which her contractor constructed a spa/deck to the rear of the single-family residence without first obtaining a building permit. Upon subsequent application for a building permit, it was determined that a portion of the deck was more than thirty (30) inches above natural grade and, therefore, a variance was required. On August 22, 1990 Minor Development approval of the spa/deck was granted by the Historic Preservation Committee ("HPC"). It found that the cultural value and architectural integrity of the parcel was unaffected by the structure, and that effects of the spa/deck to the character of the parcel and adjacent parcels were minimal. In order to minimize the visual impacts of the spa/deck along the Hallam Lake bluff, the HPC conditioned its approval subject to the planting of additional vegetation along the lakeside edge of the deck. This landscaping has been completed and has been inspected and approved as sufficient by HPC Staff. The additional landscaping on the Hallam Lake side to screen the spa/deck from the visual view plane of the lake has likewise satisfied the concerns of A.C.E.S. The variance sought by this application is for thirty-two (32) inches of the redwood deck that ranges from a minimum of thirty (30) inches above natural grade on the residence side of the spa/deck to a maximum of fifty-four (54) inches above natural grade on the bluff side of the spa/deck. See the drawing attached hereto to illustrate the requested variance. Applicable Standards The requested variance should be granted since it meets all of the applicable standards. First, it will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and the Land Use Code. Second, the variance is the minimum variance that will make possible the reasonable use of the spa/deck. Only thirty-two (32) inches of the deck is above natural grade and the variance request is restricted to only that portion of the deck that is not in compliance with the Code requirements. The remainder of the spa/deck is in compliance with the Code requirements. Finally, literal interpretation and enforcement of the Code requirements would deprive the Applicant of rights commonly enjoyed by other parcels in the same Zone District and cause the Applicant unnecessary hardship as well as practical difficulty. The fact . . that Applicant's property line drops off over the side of the bluff results in a portion of the rear yard being below the natural grade of the remainder of the rear yard -- a special circumstance not applicable to level parcels in the same Zone District and one that is not a result of any action of Applicant. This results in the loss of a considerable portion of the rear yard setback area to Applicant, and strict compliance would limit the placement of the spa/deck amenity. In addition, the granting of the variance will not confer a special privilege denied to other parcels in the same Zone District by the Aspen Area Comprehensive Plan and Code. The unnecessary hardship and practical difficulty imposed on Applicant by a denial of the variance is obvious. She relied on the contractor to obtain the necessary building permit and through no fault on her part learned after the spa/deck was constructed that a portion of the deck was more than thirty (30) inches above natural grade. Moving the entire structure thirty-two (32) inches back would not only be costly, but also would likely result in damage to the bluff that would visually impact the Hallam Lake view plane, Moreover, moving the spa/deck closer to the residence negatively impacts the integrity of the historical structure, a result contrary to the wishes of Applicant and the goals and objectives of the Aspen Area Comprehensive Plan. For all of the foregoing reasons, Applicant's variance request should be granted. Respectfully submitted, GARFIELD & HECHT, P.C. (~~~'j-;'/ 1)teJ1u~0 Catherine H. McMahon, attorney for Applicant chm\ms\marshall.app . I: .!r '1. f ; ~ / ! / ~ I ~ I ~ ~~I ~~I ~ ~ ~ ~ ~ ~ i , i \!\ (-/ f; ~ ,. 11.\ ~ ~ ~~ ~~ ~ ~ :i ~ . :!u) ~ ~ ~~3 11 ~~ 3, 9 lli~.;t r- Z :~ I~~~ ~ -I ,. - ~ ..1\ ~~~ "tr~ ~ill~ \S'~~, ,'I ';:!: I i, '! I I': I II , I Ii , " MEKORANDUM To: Bill Drueding, Zoning Officer cc: Board of Adjustment Roxanne Eflin, Historic Preservation Officer ~~ 824 E. Cooper: Final HPC review decision of project (driveway slope) . From: Re: Date: April 11, 1991 ---------- At the Final Development review meeting of the HPC last evening (April 10), the project at 824 E. Cooper was approved subject to specific conditions to be met prior to the issuance of a building permit. A second motion was made and passed regarding the driveway slope as a referral comment to the Board of Adjustment per section 7- 605 of the Land Use Regulations. It should be noted that the parcel has not been landmark designated (the applicant did not pursue this action), however, the project requires HPC review and approval due to the amount of partial demolition occurring to the historic cottage. The original front portion of the cottage is being retained, and relocated Slightly forward on the parcel (to the front setback line). The HPC was unable to make an actual findinq as to the "historic compatibility" of the steep drive slope, however, due to their requirements of: 1) retaining the original portion of the as opposed to outright demolition resource, and cottage on site, of a historic 2) requiring that the new addition be both pushed to the rear of the parcel to lessen to the small scale cottage, lower and the impact it was apparent that a short, steeply sloped drive off the alley was necessary to access the below grade garage. The HPC was not opposed to the drive slope as presented. They deferred the final decision to the Board of Adjustment. memo.bofa.824ec county of Pitkin } } ss. } state of Colorado AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 6-205(E) (b) of the Muni- cipal Code) 'l'he undersigned, being first duly sworn, deposes and says as follows: I, Catherine H. McMahon , being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the - subject property (as. it could be seen from the nearest public from the 1st way) and that the said sign was posted and visible continuously April 19 91 -, to the 11th day of day of April 19~. (Must be posted for at least ten (10) full days before the hearing date). -- t!kt 1M_-i~rJJ 'Y'~~ Applicant's Signature I I Subscribed and sworn to before me this J..l.tj1day of April 19.2..L, by Catherine H. McMahon WI'l'NESS MY HAND AND OFFICIAL SEAL. My . n expires: 01/07/91 \ 's Signature P. O. Box 3943, Aspen, CO, 81612 Address , - r-. ',-..,.I AFFIDAVIT OF CATHERINE H. McMAHON I, Catherine H. McMahon, being first duly sworn on oath, depose and state that: l. I am one of the attorneys for the Applicant in connection with the Development Application for Variance filed by Ronnie Marshall for public hearing on April 11, 1991. 2. I complied with the notice requirements of Section 6- 205(E) (3) (c) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto as Exhibit "A", by first class, postage prepaid, U.S. Mail to all owners of property within three hundred (300) feet of the subject property as shown on Exhibit "D" hereto, on April 1, 1991. 3. The foregoing statements are true of my own personal knowledge. (!{I/j/'/U//, >4-1. ) x/'. Ill> 10-'-.J catherine H. McMahon COUNTY OF PITKIN ) ) ss ) STATE OF COLORADO The foregoing Affida~f~ of Catherine H. McMahon acknowledged before me this day of April, 1991. was WITNESS my hand ann official seal. My commission expires: J2J ,01. CI.'5' ~)~ ~ i!jLif Notary P llC \\IIP::r;,,' (" "~I \,\~ -{ ... , '\. '. <.~, ~ ,~...... ..' , A "'._ -; , ,: (;., /\ ,",,; V",, = '" , ,\ :. ~ _.- '~ IC;'- : .' - L ,', . ,,' - ' chm\ms\chm.aff AFFIDAVIT OF CATHERINE H. McMAHON I, Catherine H. McMahon, being first duly sworn on oath, depose and state that: 1. I am one of the attorneys for the Applicant in connection with the Development Application for Variance filed by Ronnie Marshall for public hearing on April 11, 1991. 2. I complied with the notice requirements of Section 6- 205(E) (3) (c) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto as Exhibit "A", by first class, postage prepaid, U. S. Mail to all owners of property within three hundred (300) feet of the subject property as shown on Exhibit "B" hereto, on April 1, 1991. 3. The foregoing statements are true of my own personal knowledge. ~cA~ '7-!, l/vJ'iub-J Catherine H. McMahon STATE OF COLORADO ) ) ss ) COUNTY OF PITKIN The foregoing Affida~~ of Catherine H. McMahon acknowledged before me this day of April, 1991. was WITNESS my hand and official seal. My commission expires: J2J ,01 Q-f iiii/!~A~4 Notary IJ.c t'l::r:!f ,\~\ ' ('" \\\ I.. ' .,"... ~ .-..: ~ .'-- " ...." '.."'.... .': " .." " ,1.'0;. .... . .. _ -r ... .... """. .- : .. ~ 1 j:, '. ,... ~ " ~ i . ~ . ~. .. ...- : ~ .~I _ ,-,C.i;'~. ~ ..'A -,- r . .,' ,:" " , chm\ms \chm. af f c .- S"f"fifr of (:Ollllltrl HTBWAU'r'rl'rLE OF ASPEN, INC. 602 E. HYMAN . ASPEN, COLORADO 81611 . (303) 925-3577 Malch 12, 1991 Ms. Katie McMahon Garfield & Hecht, P.C. 601 East Hyman Aspen, CO 81611 RE: Our Order No. 2524AB Dear ~atle, Per your request last Friday afternoon, I have search the pub'ic records In order to update the lists of owners within 300 feet of Lots 10, 11 and the North one-half of Lot 12, Block 103, Il3l]ams Addition (now known as Marshall Lot Split), which were originally provided to your firm in my letters dated June 17, 1987 and November 2, 1987. The following three changes c;hould be made te said lists: 1. Unit A, 2]2 Lake Avenue Condominiums has been conveyed to Carol Soffer. 1144 Summit Drive, Beverly Hills, CA 90210. 2. Unit B, 212 Lake Avenue Condomlnlllms has been conveyed to Peter B. Lewis and Jonathan D. lewis, 4649 Ponce De Leon Blvd., Suite 304, Coral Gabl es, FL. 33146. Lots 3 and 4 and the West 1/2 of Lot 5, Block 40, Hallams Addition, has been conveved to The Beate S. 8lock Living Trust, 311 West Nodh Stt-eet, Aspen, CO 81611. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a ouaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be clliHgC'd with any financial obligations or liability whatever on any statement contained herein. Sincet-ely, ~~/D"~~~ Vice President EXHIBIT "B" ,.....c, -- SlIlIdil} of COlllrart HT]i;'\'AllT 'rITLl'~ 01"'" ASPEN, INC. 602 E. IIYMAN . ASPEN, COLORADO 81611 . (303) 925.3577 November. 2, 19B7 M". ,Jane Ellen lIamLl ton Gilt Jj e1d & Ilpcht (jO[ 1<. llyman A"p"[) , Co BlEill HI': Hannie Mat-s~\all/()vJtlc'S within 300 feet D(~ilr Jane, Listed below are additional owners of land near the property owned by Ronnie Mal^[;hall, that being Lots lO, 11 and the North one-half of Lot 12, Block 103, Hallams l\ddition to Lhe Ctty and Town"ite of Aspen. 11\i5 list, together with the ltst of owners incl\lded in my ["Uce',. to you dated June l2, 19ln, should comprise ull owners of p,.operty wiUdn 300 feet of Ronnie Marshall's p' 01"" ty. llloclc 102 Hallams Addi Lion: Lol.[; 4, 5 and Pa,.1; uf Lol; 6 James K. and Gay Daggs 720 East Hyman Av Aspen, Co Bl5ll ['art of Lot C>, Lot:s 7 and B Elizabeth Ann Altemus 520 North Third 5t Aspen, Co f31511 Part of Lots 11 ar~ 12 Arthur B. and Amelia Trentaz 315 Lake Ave Aspen, Co Bl5ll Block 103 Hallilms Additton: Il()l;s ~i, 6, 7, 8 and 9 ;rames P. Hume ll20 N. Lake Shore Drive Chicago, II. 60511 l.ot U Patricia Moore Inc. 610 E. Hyman Av Aspen, Co 81611 Lot. III (212 Lilke Ave. Condos) Unit fl.: Jack A. Newman 13500 Oxnard Van Nuys, CA 90401 Pn i.l. ]I, lienry J. Pedersen P.O. Box 144 fl.spen, Co fll6ll '""', -- Lot 19 Tercero Coq). Attn: Joe Rober.ts 4400 One Williams Center Tulsa, Oklahoma 74172 Block 40 Hal!ams Addition Lots land 2 R.W. Rings by Enterprises P.O. Box 7240 Denver, Co 80207 Lots 3, 4 and Part of Lot 5 Martin M. and Beate 5. Block 311 West North Street Asp(;n, Co 8Hill Par t of Lot 5, Lots (, ilnd 7 Victor' A. and Anstis B. Lundy 30l Lake Ave. Aspen, Co 81611 Lots fJ and 9 Ralph W. Dall 215 St. Paul St. #103 Denver, Co 80206 L.(d,; 10, II and 12 Charles C. and 1.1une S. Gates 999 S. Br.oadway Denver, Co 80202 Lots 13, 14, 15 and 16 Cather.ine M. Conover Suite 300 1718 Connecticut Avenue NW Washington. D.C. 20009 Although our search was thorough and we believe the statement ben~in to be true, tiLls is neither a guaranty or' opinion of title, and j t is understood and agr'ecd that Stewart T:1t1e of Aspen, Inc. rwither assumes nor will be char.ged with any financial obligation or liability on any statement contained herein. f.... _ _ I ;.)lrlCere....y, P;:e: .~~~:~W#t Title Department ""..-..... - ~lllItfl/\ (.i Contract STE"'A HT TITLE OF ASPLN, INC. (,0:' f .IIYM/\N . ASPEN, COLon/\[)O 111611 . {3()JI9;>!.-]~,Jl ,June 12. 19[17 ;lilllP 1.:11 Pn 1I"ml.! Lon t;ill^field ilnd HpchL (,01 C. lI'{,"un l\~;pcn. Co 1:1(',1.1 He: I,:ollllie ~1.lI:jhaIJn,diaccnt Ownel-s Llt'.:ll ,1;11)t;". Listed beluw til-t' nWnel"S of land adiacerlL to. or across tbe sLIPP\' I rom LoLs 10. II and Ll'f: North one-half of Lot l2. B)ocK 10:1. Ililllam,., AcJdil iOIl \.0 lite City and Townsite of Aspen. UJOCK 107. 11".'li,m IIddition: 1'\. Lcd 12 1111 bIll: fl. 'InrI Arne) ia TrenLaz Itox 4'/.5 or 315 Lake Avenue AspclI. Co. Aspen. Co 81612 B1611 Lot. 9 (.lncJ i-'I. or l.oL 12 Sheldon 11. and Marianne S.Lubar B160 Nortlt Gn'en [lav Hoael Mi) wilul,!'"e. Hi ~,:12(19 Liloel; 10] 11,''\ I dll, 11,('.1 i I ;i)li: LuL <::1 \-'illIl('f, P. HUTIf"' lJ2lJ N(>ILh Lilke Shore Dr. Chi caqo. Ill. 60611 ~;oull,l/l. ]'"l 12. Lo\.:;I]-15 (Hoqan Lot Split) ;Iuhn 11. & Jacaue) ine T. ~~oqiln P.O, Hox )50 l\~pen. Co 016)2 III ()ck ~ 0 1I:.I>ell Eil~t .l/l. nt l,oL ..... l.ul:; I, nlld "1 VicLor A. Cind Anstis B. Lundy 30] Lake Avenue Aspen. \'0 81611 1,;'-, - " , Land ht'ilin,! Plolwtty hv lIalJam T.aKP (NEll? Sec 12~IO~85) Wa J tel F. PaepCKP T.if e Insurance Trust lor, Adams Chicaqo, JJl. 60(;03 dlld The Aspen Cpnter [or Envionnental Studies I'. D. flay. 0771 IIspeTl. Co 816]2 III thouqh OUt sf'''l~ch wa.s I.horouqh and we hel ieve the statement. hetein to 11(' hue, this is neither a 4uiHanty aI' opinion of title. aTld it .is undcl!;[(lnd and ilql'peri that Stewart Title of Aspen, Inc. IIf.'il.hl.'r a~;"'\IOIPC, n,". \o,'i11 lop cha,'qed ~Jith any financial obliqatioTl '" I iilhilil.v on '''lY ~,tatplHent contained hereil" ~; i II C(.. t- f' I V , ///.-" "ozj,.tk1nJl 1'('("1' I', fjpl:lny" 'I'j l: I P lh1pilt'lmf'rd