HomeMy WebLinkAboutcoa.lu.cu.Elden 727 Bay St.A45-982737-073-11002 A459-98
Elden Conditional Use for an ADU
727 Bay Street
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Stye,
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee -:2
1043 HPC
1046 Zoning and Sign
Referral Fees:
1163 City Engineer a 1
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit,
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1384 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL S. n C
NAME:
ADDRESS/ PROJECT: 6AW11a.1 �%
PHONE: 41
CHECK# _
CASE/PERMIT#:# OF COPIES:
DATE:�f / '� INITIAL: �'
PARCEL ID: 2737-073-1 M DATE RCVD: 6/17/98 # COPIES: 20 1 CASE NO A045-98
CASE NAME: Elden Conditonal Use for an ADU 727 Bay Street PLNR: Chris Bendon
PROJ ADDR: 727 Bay Street I CASE TYP: Conditional Use for an ADU �I STEPS:
OWN/APP: Richard Elden ADR 2430'No'rth'Lake Ave C/S/Z: Chicago, ILL 81611 j PHN: 312-263-7522
REP• Glenn Horn & Alice Davis ADR: 215 S. Monarch, Ste. C/S/Z: Aspen, CO 81611 PHN 925 6587
FEES DUE: 425 FEES RCVD 425 STAT:
REF
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION
REMARKS 'I CITY
CLOSED: 10/13/98 BY: lChris BOA:
DRAC:
PLAT SUBMITD: 11 PLAT (BK,PG):E ( ADMIN
RESOLUTION OF'THE ASPEN PLANNING AND ZONOG COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE ELDEN RESIDENCE, 727 BAY STREET, IOTS 7, 8,
& 9, BLOCK" 2, OKLAHOMA FLATS ADDITION, CITY OF ASPEN.
Parcel No. 2737-073-11-002
Resolution #98 - 16
WHEREAS, the Community Development Department received an application
from Richard Elden, owner and applicant, for a Conditional Use Review for an Accessory
Dwelling Unit of approximately eight hundred and fifteen (815) square feet to be located
in a space above an existing garage at 727 Bay Street, Lots 7, 8, & 9, Block 2, Oklahoma
Flats Addition; and,
WHEREAS, the parcel is approximately 13,410 square feet and located in the
Low Density Residential (R-30) Zone District; and,
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units in the R-30 Zone District may be approved by the Planning
and Zoning Commission as Conditional Uses in conformance with the requirements of
said Section; and,
WHEREAS, the Housing Office, Water Department, Fire Marshall, Aspen
Consolidated Sanitation District, City Engineering, Parks Department, and the
Community Development Department reviewed the proposal and recommended approval
with conditions; and,
WHEREAS, during a public hearing at a regular meeting on July 21, 1998, the
Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for an
Accessory Dwelling Unit for the Elden Residence, 727 Bay Street, with the conditions
recommended by the Community Development Department, as amended by the
Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an 815 square foot Accessory Dwelling Unit to be located
above an existing garage at 727 Bay Street, the Elden Residence, is approved with the
following conditions:
The Commission varies the ADU dimensional requirements to allow this larger unit of
approximately 815 square feet.
2. Prior to the issuance of any building permits the building plans shall reflect:
a) that the proposed ADU is labeled as such and meets the definition of an
Accessory Dwelling Unit.
b) that the ADU will contain a kitchen (having a minimum of a two -burner stove
with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a
bathroom (having a minimum of a shower, sink, and a toilet).
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c) that there is a signed and recorded ADU deed restriction on the property, a form
for which may be obtained from the Housing Office. The deed restriction shall be
noted on the building permit plans.
d) that the ADU has the minimum one (1) off-street parking space provided. The
ADU space must have clear access and cannot be stacked with a space for the
primary residence.
e) that the ADU meets all applicable UBC requirements for light and air.
Prior to issuance of a Building Permit, the building permit plans shall identify a 5 ft wide
pedestrian space along Bay Street, the applicant shall execute a curb, gutter, and
sidewalk agreement, and the applicant shall execute an agreement to join any future
improvement districts for the purpose of constructing improvements which benefit the
property under an assessment formula.
4. Prior to issuance of a Building Permit, the applicant shall gain approval from the City
Water Department for any additional service improvements required.
5. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning
Officer shall inspect the accessory dwelling unit for compliance with all appropriate
standards in Section 26.40.090 of the Code and any conditions of approval.
6. Both the ADU and the principal residence shall be able to function as separate living
units. Each shall have an entrance and access to individual mechanical equipment for
the respective unit.
All outside lighting shall be downcast and not used to accentuate architectural or
landscape elements of the property. The existing outdoor lights on the river -side of the
duplex shall either be removed or re -directed away from the river. The owner shall not
plant any non-native vegetation along the stream.
A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
Prior to issuance of a building permit, the applicant shall complete a tap permit and shall
pay all connection charges due to the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
10. Prior to issuance of a building permit, the applicant shall obtain a permit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces
(new coal- & woodburning fireplaces are not allowed).
11. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed.
12. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox
and landscaping from the City Streets Department.
13. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
14. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this
fee to the City Clerk who will record the resolution.
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15. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on July 21, 1998.
APPROVED AS TO FORM:
CL-7
Ciey Attorney
ATTEST:
Ci
J ckie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
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TO:
THRU:
FROM:
RE:
DATE:
SUMMARY:
MEMORANDUM
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Directo
Christopher Bendon, Planner &V)
Elden Conditional Use for an Accessory Dwelling Unit (ADU)
727 Bay Street
July 21, 1998
-- Public Hearing
The applicant, Richard Elden, is requesting Conditional Use approval for an
Accessory Dwelling Unit conversion of an existing space above a garage at 727
Bay Street. The property is currently developed with a duplex and is located
along the Roaring Fork River in the Oklahoma Flats Subdivision.
The applicant is not altering the duplex or proposing any other development other
than for the interior space. Therefore, the application may be exempted from
Stream Margin Review. The exemption criteria have been included for the
Commission's review. The Parks Department has asked the applicant to re -direct
some existing lights on the duplex away from the river.
This existing space is approximately 28.5 feet by 28.5 feet, or about 815 square
feet - above the prescribed 300 to 700 square foot standard for ADUs. Staff is
recommending the Commission vary the dimensional requirements to allow this
larger ADU. The applicant is not requesting an FAR bonus.
Staff recommends approval of the Conditional Use for an Accessory Dwelling
Unit, with conditions.
APPLICANT:
Richard Elden. Represented by Glenn Horn, AICP.
LOCATION:
727 Bay Street (Oklahoma Flats).
ZONING:
R-30. Low Density Residential.
LOT AREA (FOR PURPOSES OF FAR):
13,410 square feet minus areas within high water, steep slopes, and any
easements.
FLOOR AREA:
4,800 for a duplex. This is an approximate number based on the approximate Lot
Area. No additional FAR is proposed at this time.
CURRENT LAND USE:
Duplex.
PROPOSED LAND USE:
Duplex with an ADU above the garage.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
BACKGROUND:
The parcel is non -conforming with the R-30 Zone District requirements due to its
size.
STAFF COMMENTS:.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
Staff has reviewed and approved the Residential Design.
RECOMMENDATION:
Staff recommends approval of the Conditional Use for an accessory dwelling unit,
with the following conditions:
The Commission varies the ADU dimensional requirements to allow this larger unit of
approximately 815 square feet.
Prior to the issuance of any building permits the building plans shall reflect:
a) that the proposed ADU is labeled as such and meets the definition of an
Accessory Dwelling Unit.
b) that the ADU will contain a kitchen (having a minimum of a two -burner stove
with oven, standard sink, and a 6-cubic foot refrigerator plus freezer) and a
bathroom (having a minimum of a shower, sink, and a toilet).
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c) that there is a signed and recorded ADU deed restriction on the property, a form
for which may be obtained from the Housing Office. The deed restriction shall be
noted on the building permit plans.
d) that the ADU has the minimum one (1) off-street parking space provided. The
ADU space must have clear access and cannot be stacked with a space for the
primary residence.
e) that the ADU meets all applicable UBC requirements for light and air.
3. Prior to issuance of a Building Permit, the building permit plans shall identify a 5 ft wide
pedestrian space along Bay Street, the applicant shall execute a curb, gutter, and
sidewalk agreement, and the applicant shall execute an agreement to join any future
improvement districts for the purpose of constructing improvements which benefit the
property under an assessment formula.
4. Prior to issuance of a Building Permit, the applicant shall gain approval from the City
Water Department for any additional service improvements required.
5. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning
Officer shall inspect the accessory dwelling unit for compliance with all appropriate
standards in Section 26.40.090 of the Code and any conditions of approval.
6. Both the ADU and the principal residence shall be able to function as separate living
units. Each shall have an entrance and access to individual mechanical equipment for.
the respective unit.
7. All outside lighting shall be downcast and not used to accentuate architectural or
landscape elements of the property. The existing outdoor lights on the river -side of the
duplex shall either be removed or re -directed away from the river. The owner shall not
plant any non-native vegetation along the stream.
8. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 of the Code.
9. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall
pay all connection charges due to the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
10. Prior to issuance of a building permit, the applicant shall obtain a permit from the
Environmental Health Department for any certified woodstoves or gas log fireplaces
(new coal- & woodburning fireplaces are not allowed).
11. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site
improvement survey. Meter locations must be accessible for reading and may not be
obstructed.
12. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox
and landscaping from the City Streets Department.
13. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
14. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this
fee to the City Clerk who will record the resolution.
15. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
6. Prior to issuance of a building permit, the applicant shall submit a drainage report and a
drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly
size the facility. A 2 year storm frequency should be used in designing any drainage
improvements.
RECOMMENDED MOTION:
"I move to approve the Conditional Use for an Accessory Dwelling Unit at the
Elden Residence, 727 Bay Street, with the conditions outlined in the Community
Development memo dated July 21, 1998."
ATTACHMENTS:
Exhibit "A" -- Review Criteria and Staff Findings
Exhibit `B" -- Referral Agency Comments
Exhibit "C" -- Application
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Exhibit A
STAFF COMMENTS: ADU
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which it is proposed to be located.
Staff Finding:
An Accessory Dwelling Unit with no mandatory occupancy deed restriction is consistent
with the purposes, goals, objectives, and standards of the Aspen Area Community Plan.
The applicant is not seeking an exemption from GMQS.
Accessory Dwelling Units are a conditional use in the R-30 Zone District.
(B) The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Staff Finding:
The surrounding land uses are exclusively residential with a community park across the
river from the property. There are existing ADUs in the immediate area.
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Staff Finding:
The location, size, and design of the proposed conditional use are consistent with the zone
district requirements. Operationally, the ADU will have little impact on the surrounding
properties. The structure is already built and can be easily converted. If the ADU is
occupied, pedestrian and vehicular use will be slightly increased over the existing duplex
use. However, the ADU occupant could now or in the future serve as a caretaker for the
primary residence and reduce the number of service trips necessary.
The existing space is approximately 28.5' by 28.5' or about 815 square feet - above the
prescribed 300-700 square feet for ADUs. The Commission has the ability to approve
variances to the dimensional requirements of ADUs, and this is suggested by staff.
The application does not propose a complete bathroom (no shower) and does not show a
kitchen for the unit. ADUs must be able to function as separate residential unit. The
permit plans for this unit must show a kitchen and a bath as required. Also, one parking
space for the ADU must be shown on the site plan. This space cannot be stacked with
another space unless that second space is also designated for the ADU.
Staff Comments page 1
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection; emergency medical services, hospital and medical
services, drainage systems, and schools.
Staff Finding:
Park fees are payable at building permit. Infrastructure capacity is sufficient for this
development and utilities are available. The applicant will need to complete a tap permit
for sanitation service. Also, the unit may need to be separately served, subject to further
review by the ACSD. This has been included as a condition of approval.
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Findings
The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding;.
A variance to the dimensional requirements for an ADU must be granted by the
Commission to allow the larger unit. The existing structure is approximately 5 feet from
the side lot line. The side yard requirement for the zone is 10 feet and this is a non-
conformity. The Commission may approve variances to the dimensional requirements
through this ADU process and "legalize" the side yard for the ADU if desired. If not, the
existing encroachment may continue as a non -conformity.
Because the variance, if granted, would only be for the ADU and not the garage, staff
suggests the Commission not grant a variance but rather allow the structure to continue as
a non -conformity.
The property is located along the Roaring Fork River and subject to Stream Margin. This
type of development (interior remodeling) may qualify for an exemption. Staff suggests
such an exemption with the condition that the applicant re -direct some existing exterior
lights away from the river as requested by the Parks Department.
Section 26.40.090, Accessory Dwelling Units
A. General Provisions
1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and
no more than seven -hundred (700) square feet of net livable area. The unit shall be deed
restricted, meeting the Housing Authority's guidelines for resident occupied units and
shall be limited to rental periods of not less than six (6) months in duration. Owners of
the principle residence shall have the right to place a qualified employee or employees of
his or her choosing in the accessory dwelling unit. One (1) parking space shall be
provided on -site for each studio unit, and for each bedroom within a one or two -bedroom
accessory dwelling unit.
Staff Comments page 2
Staff Finding;
The proposed ADU needs to be granted a variance to allow it to exceed the 300*and 700
square feet standard. Staff is recommending the Commission grant this variance.
Additional requirements concerning the kitchen, bath, etc. have been included in the
recommended set of conditions. The applicant will need to show compliance with these
requirements before a building permit may be issued. The applicant will be required to
file a deed restriction on the unit prior to building permit.
2) An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
Staff Finding_
The existing structure where the ADU will be located is non -conforming with respect to
the side yard setback. The Commission may approve a variance to this dimension, but
only for the ADU portion of the structure. This may be a positive benefit if the owner
wants to expand the unit in the future. It would, however, create a strange dimensional
requirement for the structure. The garage setback would be 10 feet, while the ADU
setback would be 5 feet. Staff suggests the Commission simply allow the structure to
continue as a non -conformity. If the applicant wishes to expand, or needs a variance in
the future, a variance could be considered at that time.
3) A detached accessory dwelling unit shall only be permitted on parcels that have
secondary and/or alley access, exempting parcels with existing structures to be converted
to detached accessory dwelling units, detached garages or carports where an accessory
dwelling unit is proposed above, attached to, or contained within such detached garage or
carport. Detached accessory dwelling units are prohibited within the R-15B zone district.
Staff Finding:
The ADU is proposed within an existing detached structure.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
This property does not have an alley.
A. Development Review Standards.
1) The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year -around occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Staff Finding.
The proposed ADU is subordinate to the main residences, the surrounding residential
uses, and will not create a density problem for the neighborhood. One neighbor did raise
a concerns about traffic generation with staff. This conditional use is not expected to
create abnormal traffic hazards or capacity problems in the area.
2) Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall find that such
Staff Comments page 3
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variation is more compatible in character with the primary residence than the
development in accord with dimensional requirements. The following dimensional
requirements may be varied:
a. Minimum front and rear yard setbacks
b. Minimum distance between buildings on the lot.
c. Maximum allowed floor area may be exceeded up to the bonus allowed for
accessory dwelling units.
d. The side yard setback shall be a minimum of three feet.
e. The maximum height limits for detached accessory dwelling units in the R-6 zone
district may be varied at the rear one-third (1/3) of the parcel, however, the
maximum height of the structure shall not exceed eighteen (18) feet. On Landmark
Designated parcels and within the Historic Overlay District the HPC shall have the
ability to make height variations.
f. Maximum allowable site coverage may be varied up to a maximum of five (5)
percent, on Landmark Designated Parcels and within an Historic Overlay District the
HPC shall have the ability to make such site coverage variations.
g. In the case where the proposed detached accessory dwelling unit is located on a
Landmark Designated Parcel or within an Historic Overlay District only HPC may
make dimensional variations pursuant to the standards of Section 26.40.070(B)
Staff Finding;
The applicant is not requesting any variations to the dimensional requirements. The
Commission may want to consider "legalizing" the side yard for the ADU, but staff is not
recommending such a variance.
3) The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconforming structures, being converted to a detached accessory
dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not
increased.
Staff Finding;
The existing structure is non -conforming on the west side -yard and the applicant is not
proposing to increase the condition. Staff is recommending the Commission exempt the
application from the dimensional requirements by allowing the structure to continue as a
non -conformity. The Resolution can reflect the non -conformity if the Commission
desires.
4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards
applicable to all conditional uses.
Staff Finding;
Refer to Staff Comments for Conditional Use review.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
November 1, 1988, and which complies with the requirements of this section may be legalized as
an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform
Building Code, as determined by the Chief Building Official.
Staff Finding:
Does not apply.
D. GMQS/ Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Only those units meeting the housing size,
Staff Comments page 4
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type, income and occupancy guidelines of approval of the housing designee and the standards of
Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of
the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program."
Staff Finding:
Does not apply.
E. FAR for Accessory Dwelling Units.
For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle
use is residential, the following shall apply: the allowable floor area for an above -grade attached
accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet
of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is
less. This floor area exclusion provision only appliesto accessory dwelling units which are
subject to review and approval by the Planning and Zoning Commission pursuant to conditional.
use review and approval, Section 26.60.030 of this code, and the units must be deed restricted,
registered with the housing office, and available for rental to an eligible working resident of Pitkin
County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit
separated from a principal structure by a distance of no less than ten (10) feet with a maximum
footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the
allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking
the principal structure to the accessory structure may be no more than one (1) story tall, six (6)
feet wide, and ten (10) feet long.
Staff Finding;
The unit does not qualify for a Floor Area exemption based on the detached unit
definition. The applicant is not requesting a Floor Area bonus.
Stream Margin Review Exemption.
1. The development does not add more than ten (10) percent to the floor area of the
existing structure or increase the amount of building area exempt from floor area
calculations by more than twenty-five (25) percent.
Staff Finding;
The proposed development does not add floor area.
2. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of this Code.
Staff Finding;
No trees are proposed for removal.
The development is located such that no portion of the expansion, remodeling or
reconstruction will be any closer to the high water line than is the existing
development.
Staff Finding
The development is within existing development.
Staff Comments page 5
4. The development does not fall outside of an approved building envelope if one
has been designated through a prior review.
Staff Finding;
The proposed development is within an existing structure and will not affect the building
envelope for the property.
5. The development is located outside of the of the special flood area and more
than one hundred (100) feet measured horizontally from the mean high water
line of the Roaring Fork River and its tributary streams, or the expansion,
remodeling or reconstruction will cause no increase to the amount of ground
coverage of structures within the special flood hazard area.
Staff Finding; '
The proposed development will not increase the amount of ground coverage on the property.
Staff Comments page 6
JUL 01 '98 09:52AM ASPEN HOUSING OFC P.1
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MEMORANDUM
TO: Chris Bendon, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: July 1, 1998
RE: Elden Conditional Use for an ADU -- 727 Bay Street
Parcel ID No.
RE The applicant is requesting approval for an accessory dwelling unit to be located
above a detached garage.
BACKGAccording to Section 26.40.090, Accessary Dwelling Uniis, a unit shall
contain not less than 300 square feet of net livable area and not more than 700 square feet of net
livable area.
1: When the Housing Office reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as follows:
1. The unit must be a totally privat® unit, which means the unit must have a prilvats entrance
and there shall be no other rooms in this unit that need to be utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence.
2. The kitchen includes a minimum of a two -turner stove with oven, standard sink, and a 6-
cubic foot refrigerator plus freezer. +jft►44ro.w-
3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows,
sliding glass door, window wells, etc., especially 9 the unit is located below grade. The
UnKorm Building Code requires that 1006 of the floor area of a unit needs to have natural
light. Natural light is defined as light which is dear and open to the sky.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified
employee.
5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed
restriction shall be obtained from the Housing Office.
RECOMMENDATION: After reviewing the application, the Housing Office recommends aEEroval on the condition that floor plans showing the actual unit — kitchen, bathroom, etc. — be provided
the Housing Office prior to building permit approval, along with a recorded deed restriction.
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RECEIVED
565 North Mill Street
Aspen, Colorado 81611 JUN 2 4 1998
Tele. (970) 925-3601 FAX #(970) 925-2537
ASPEN/ Pi niri '
Sy Kelly • Chairman MiCQW017 DEVELOPMENT
Paul Smith • Treas. Frank Loushin
Louis Popish • Secy. Bruce Matherly, Mgr.
June 23, 1998
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611 -
Re: Elden ADU
Dear Chris:
The existing duplex at 727 Bay Street is currently served by the District. The addition of an
accessory dwelling unit, above the garage, would not adversely effect our ability to serve. The
two existing units are currently served by a common service line. Since the garage is detached
from the duplex the owner will need to run a separate service line from the ADU to the public
systein,2r, if our line superintendent determines that the existing service can handle the additional
flows, tie into the existing service line. The applicant is encouraged to schedule a utility locate
with our office and review the connection options with Tom Bracewell, the District line
superintendent.
Once detailed plans are available, a to a can be completed at our office which will estimate
the fees for the project. As usual service is contingent upon compliance with the District's rules,
regulations, and specifications, which are on file at the District office.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
1976 - 1986 • 1990
Regional and National
1 1-
MEMORANDUM
To: Chris Bendon, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, roject Engineer
Date: July 13, 1998
Re: Elden - ADU Conditional Use Review
Physical Address: 725 & 727 Bay Street, City of Aspen, CO
Legal Description: Lots 7,8 & 9, Block 2, Oklahoma Flats, City of Aspen, CO
[Sec. 7, T10S, R84W]
Parcel ID No.: xxxx-xxx-xx-xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
1. Changes in Conditions: If the proposed use, density, or timing of construction of the
project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to
this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-
evaluation. The discussion and recommendations given in this memorandum apply to the application and
plans (received June 8, 1998) provided for this review and such comments and recommendations may
change in response to changes in the use, density, or timing of the construction of the project, or changes in
the site, grading, drainage, parking or utility designs.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Utility Services, Trash and Recycling Areas:
The application materials do not indicate proposed utility service locations however, utility service
connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project
and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any
new easements for utilities shall be shown on the final improvement plans submitted for the building
permit.
3. Site Drainage: The new development cannot release more than historic (pre -development) storm
run-off flows from the site. Released run-off must be in non -concentrated discharge and any increase in
historic storm run-off flows must be first routed and detained on the site. A drainage report and drainage
plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed
1 OF 3
DRCM 1898.DOC
Memo: Elden - ADU Conditional Use 4011, •
civil engineer will be required for the project to accommodate the drainage flows originating from the site.
Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the
drainage improvements. If a ground injection or re -charge type drainage system is proposed, the
percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as
the basis for sizing the infiltration system. The drainage report and plan, and the geotechnical report, if any,
will be included with the plan set prior to submittal for the building permit application.
4. Driveways & Parking Area: The application does not provide an identified parkl� s Qe for
the ADU within the property boundaries. A parking space meeting the dimensional requirements and lying
entirely y within the property boundaries must be shown in the site plan submitted with the building permit
plan set.
Presently the entire Bay St. frontage is used as a driving area to the parking pad on the east side of the site
and the double garage on the west side of the site. This configuration does not conform to City code which
permits a single driveway —of up to 18 feet in width for is lot.
5. City Water Dept.: The owner will need to enter into a common service line agreement for the
existing duplex units. If the detached garage/ADU building will receive water service, a separate tap, curb
stop, service line, and meter will be required for this building.
6. . Aspen Consolidated Sanitation District: The owner will need to verify with the District
the sewer service to the property and comply with the normal standards for additional services.
7. Stream Margin: Although this property is not subject to a formal Stream Margin Review in
this application, the property does border on the Roaring Fork River and there are several conditions which
are requested for consistency and preservation of the river frontage. These are: 1) that the metal conduits
and spot lights directed toward the river be removed from the trees, 2) that the river bank not be re -graded
by filling, excavating, or terracing, 3) that native riparian species be planted on the river bank rather than
non -indigenous, ornamental plant species, 4) that the irrigation system be removed from the river bank, and
5) that the other standards of stream margin review are incorporated in the landscaping design and use of
the riverbank.
S. Sidewalk, Curb & Gutter: A 5 ft wide pedestrian space should be shown on the site plan
submitted with the building permit application. Although no curb, gutter or sidewalks are planned for this
area, the applicant should execute a curb, gutter and sidewalk agreement, for recording prior to building
permit issuance.
9. Improvement Districts: The property owner is required to join any future improvement
dstactc formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded prior to the issuance of a building
permit.
2 OF 3
DRCM 1898.DOC
Memo: Elden - ADU Conditional Use Ow
•
-10. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to
the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property
lines, building footprint, easements, encroachments, entry points for utilities entering the property
boundaries and any other improvements.
/11. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920-5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920-5120) for vegetation species and placement, and irrigation
systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920-5090).
DRC Meeting Attendees:
Applicant: Glenn Horn, planner representing the owner
Staff & Referral Agencies: Chris Bendon, Ross Soderstrom, John Krueger, Rebecca Schickling, Ed
VanWalraven
3 OF 3
DRCM 1898. DOC
i
Davis H0rn�-
PLANNING & REAL ESTATE CONSULTING
June 8, 1998
Chris Bendon S
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO. 81611
Dear Chris:
Davis Horn Incorporated represents Richard Elden (herein referred
to as the Applicant) who owns a property at 727 Bay Street in
Oklahoma Flats, City of Aspen. This letter requests land use
approvals for an Accessory Dwelling Unit (ADU) to be located in
existing finished living area located above an existing garage.
The garage is detached from the primary, two story duplex structure
existing on the property.
As required, this letter will address the Code requirements for the
development of a conditional use and for the development of an ADU.
The submission requirements and review standards for these two
reviews are addressed below.
CONDITIONAL USE REVIEW
Section 26.6 of the Land Use Code addresses conditional uses. As
an Accessory Dwelling Unit (ADU) is a conditional use in the
applicable R-30 PUD zone district, this section of the Code has
been addressed in this application.
Attachment 1 is a copy of a survey of the subject property and
Attachment 2 shows elevations and floor plans of the existing
garage with finished area above which is to be converted to an ADU.
Under the proposal, the exterior of the structure will not change
and the interior of the second story finished area will be
remodeled to include a kitchen. An application for a conditional
use must address the six review standards listed in Section
26.60.040 of the Code. These standards are listed, then addressed
below.
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan
and with the intent of the Zone District in which it is
proposed to the located.
The proposed ADU is consistent with the purposes, goals and
objectives of the Aspen Area Community Plan (AACP). Page 5-2 of
the AACP addresses the "kind of vitality brought to Aspen by its
ALICE DAVIS, AICP i GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
full time residents" and "the inability of working people to live
in their town." The creation of an ADU will contribute to the
vitality of Aspen and the ability of a working person to live in
Aspen. As mentioned on page 5-3 of the Plan, the ADU will help to
"create a community of a size, density, and diversity that
encourages interaction, involvement and vitality among its people."
Page 6-3 of the Plan addresses the desired increase in resident
housing and how the community should encourage a more balanced
permanent community. The provision of an ADU will contribute to an
increase in resident housing which will encourage a more balanced
permanent community. Pages 7-2, 9-1 and 30-5 of the AACP states
the goal of creating housing opportunities for 60% of the work -
force to live upvalley of Aspen Village Trailer Park (excluding
Snowmass Village) and the desire to reduce auto impacts. An ADU
will create a housing opportunity in Oklahoma Flats and fill it
with a local person who will be more likely, due to the proximity
to downtown, to walk, bike and use public transportation rather
than depend heavily on the automobile.
Page 30-1 of the AACP discusses the intent of the AACP to create a
housing environment which is dispersed, appropriately scaled to the
neighborhoods and affordable. An ADU located above a detached
garage in a neighborhood built out with single family and duplex
homes is of the appropriate scale and contributes to the desired
housing environment. The proposed ADU, located above an existing
garage on a parcel developed with a free market duplex, is
compatible with the scale and character of the community and the
subject's immediate neighborhood. This is stated as important on
page 30-5 of the AACP and on page 31 where applicants are
encouraged to develop small scale resident housing which fits the
character of the community and is interspersed with free market
housing throughout the Aspen Area. The proposed ADU in Oklahoma
Flats neighborhood will contribute to these objectives.
Page 31 of the AACP discusses how infill development should be
encouraged within the existing urban area so as to preserve open
space and rural areas and allow more employees to be able to live
close to where they work. This is a strong advantage to the
proposed ADU. The creation of this unit in an already existing
space above a garage is the least impactive type of infill
development. Also stated on page 31 is the desire to locate
permanent resident housing near desired activity centers. The
Oklahoma Flats area's proximity to downtown Aspen and its
activities make it an excellent location for an ADU.
The 3rd bullet listed on page 31 of the AACP states the intent to
"promote, market and implement Cottage Infill and Accessory
Dwelling Unit programs.". Given this AACP statement, plus the
other sections of the AACP referenced here, the proposed
conditional use certainly complies with and is consistent with the
purposes, goals and standards of the AACP.
The subject is located in the R-30 PUD zone district. The intent
of this low -density residential district is to provide areas for
•
•
long term residential purposes with customary accessory uses.
Lands in the R-30 PUD zone are typically located along river
frontages in outlying areas of the city. The proposed ADU meets
the intent of this zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
The proposed ADU is to be located in existing space above an
existing detached garage in the Oklahoma Flats neighborhood. The
conversion of the existing living area to a separate unit is one of
the least impactive ways to create an ADU. The use will not
significantly generate any new impacts. It is compatible with the
uses and character of the immediate vicinity, which is built out
with other homes, duplexes, caretaker and accessory units. It
should compliment the mixture of uses and activities in the area.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse affects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Parking, trash and service deliveries will not significantly change
as a result of the ADU as the access to the garage and the existing
residences will not change. Visual impacts will not change. The
unit will operate essentially the same as the space did as finished
living area.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems and schools.
The addition of the one proposed ADU in existing finished space
will not significantly impact public facilities and services.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
No new employees will be generated from this conditional use (an
ADU) and therefore this standard does not apply.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
The proposed conditional use complies with the AACP and with all
pertinent requirements of the Land Use Code.
•
ACCESSORY DWELLING UNITS
Minimum Submission Requirements
The applicant for this request for conditional use approval for an
accessory dwelling unit is Richard Elden of 2430 North Lakeview
Avenue, Chicago, Illinois. Mr. Elden owns a duplex located at 727
Bay Street in the Oklahoma Flats Subdivision which is the subject
of this request. Mr. Elden's phone number is (312) 263-7522.
Please refer to Attachment 3 for a copy of a letter from Mr. Elden
authorizing Davis Horn Inc. to submit this application and to
represent him in the land use review process. A copy of the legal
description of this parcel is found in Attachment 4 to this letter.
Also, please refer to Attachment 5, a vicinity map locating the
subject parcel within the City of Aspen. Attachment 1 is a site
improvement survey including topography and vegetation. This
information should meet the minimum submission contents referenced
in attachment 3 to the pre -application conference summary sheet
which is found in Attachment 6 to this application. (The request
for approval to an "insubstantial amendment to an approved
conditional use" which is referenced in attachment 4 to the pre -
application conference summary sheet is no longer being requested
with this application.)
Review Standards: Development of an Accessory Dwelling Unit
An Accessory Dwelling Unit review requires a public hearing before
the Planning Commission. When considering a development
application for an ADU, the Planning Commission must consider
whether all of the following standards have been met. Below, each
of these standards are listed and addressed.
1. The proposed development is compatible and subordinate in
character with the primary residence located on the property
and with the development located within the neighborhood, and
assuming year -around occupancy, shall not create a density
pattern inconsistent with the established neighborhood.
2. Where the proposed development varies from the dimensional
requirements of the underlying zone district, the Planning and
Zoning Commission shall find that such variation is more
compatible in character with the primary residence than the
development in accord with dimensional requirements.
No new exterior construction is proposed as existing living area
over an existing detached garage is being converted to an ADU. The
only interior remodeling will involve the addition of a kitchen.
No new construction is proposed for the existing duplex. The
applicant therefore does not believe than the dimensional
requirements or variations to the requirements are required as the
structures are all existing. The two existing structures (the
garage containing the area above to be converted to the ADU and the
existing duplex) are both nonconforming with regard to the side
yard setback on the west side yard. The side yard requirement is
• 0
10 feet for accessory and primary structures and the actual
existing side yard on the west side is 5 feet. The side yard
setback can be varied to 3. feet for an ADU. No non -conformity,
such as the side yard setback, will be increased, but the
grandfathered non -conformities will continue to exist. The
addition of an ADU in existing space will not in any way increase
the nonconformity.
3. The Planning and Zoning Commission and the Historic
Preservation Committee may exempt existing nonconforming
structures, being converted to a detached accessory dwelling
unit, from Section 26.40.090 (B)(2)(a)--(g) provided the
nonconformity is not increased.
As stated in the response to Section 26.40.090(B) (2) (a) through (g)
above, the existing garage structure is non -conforming with regard
to the west side yard setback. We are therefore requesting that
the side yard setback be exempt due to its nonconformity. The
subject lot is nonconforming as well as it contains 13,250 square
feet and is smaller than the 30,000 square feet (and 15,000 square
feet per unit) requirement.
4. Conditional use review shall be granted pursuant to Section
26.60.040, standards applicable to all conditional uses.
This letter addressed the conditional review criteria in detail
earlier in the application. Please refer to the section of
conditional use review.
SUMMARY
This letter has addressed the submission and review requirements
for a conditional use and accessory dwelling unit land use reviews.
All of the standards and review criteria have been met. By
providing an Accessory Dwelling Unit in Aspen in existing living
area for a local working resident, the applicant will contribute to
the goals and objectives of the Aspen Area Comprehensive Plan. The
proposal will have negligible negative impacts, yet numerous
benefits to the community.
In order to facilitate your review of this application, the
following attachments are included.
Attachment 1: Site Improvement Survey for the Elden Property at
727 Bay Street, Aspen CO. (8 1/2" x ill' and 24" x
36")
i
Attachment 2: Elevations & Floor plans of the existing garage and
living area to be converted to an ADU (8 1/2" x 11"
and 24" x 3611);
•
Attachment 3: Authorization letter from Richard Elden authorizing
Davis Horn Inc. to submit this application and to
represent Mr. Elden in the land use review process;
Attachment 4: Legal description of the subject property;
Attachment 5: Vicinity map locating the subject parcel within the
City of Aspen;
Attachment 6: Preapplication Conference Summary;
Attachment 7: City of Aspen Land Use Application Form;
Attachment 8: Signed Fee Agreement;
Attachment 9: Proof of Ownership (title commitment and tax
assessor's record of ownership);
Attachment 10: List of adjacent property owners within 300 feet
for public hearing; and
Attachment 11: Proof of lot being created prior to 11-7-77.
Please call if you have any questions or concerns or if we have
inadvertently neglected to address any of your concerns. As we
have discussed, by submitting this application on June 9, 1998, we
understand that the application will be reviewed in accordance with
the existing, soon to be old, Accessory Dwelling Unit provisions of
the Land Use Code. Please advise us as soon as possible as to if
you have determined that this application is complete so that we
can proceed with the next step of the review process.
Thank you for your assistance in the preparation of this
application.
Sincerely,
DAMS HORN INCORPORATED
GLE& HORN AICP
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ALICE DAVIS AICP
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* AiT&MEW 3
Richard Elden
2430 North Lakeview Avenue
Chicago, Illinois 60614
June 4, 1998
Mr. Chris Bendon
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Elden Accessory Dwelling Unit Application
Dear Mr. Bendon:
This letter authorizes Davis Horn Incorporated to prepare a land use application for an
accessory dwelling unit for my property located at 727 Bay Street, Aspen. Davis Horn
Incorporated may also represent me in the city land use approval process.
Please contact me at 312-263-7522 if you have any questions.
Sincerely,
Rj-'� g"(,
Richard Elden
RE/ge
Order Nwnber. 00024292
SCHEDULE A
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LEGAL DESCfUMON
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PARCEL At
An undivided fifty percent (50%) interest in and to Lots 7, 8
and 9, Block 2, Oklahoma Flats Addition to the City of Aspen,
together with an exclusive right to use the East Apartment Unit
contained in the building located thereon as defined and
described in the Declaration of Restrictions appearing in Book
297 at Page 664.
PARCEL Bt
An undivided fifty percent (50%) interest in and to Lots 7, 8
and 9, Block 2, Oklahoma Flats Addition to the City of Aspen,
together with an exclusive right to use the West Apartment Unit
contained in the building located thereon as defined and
described in the Declaration of Restrictions appearing in Book
297 at Page 664.
County of Pitkin, state of Colorado
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I& ATTACHMENT
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072
TYPE OF APPLICATION: one step
DESCRIPTION: Conditional Use for an ADU.
Land Use Code Section(s)
26.60 Conditional Use Criteria
26.40.090 Accessory Dwelling Units
DATE: 6.3.98
Review by: Staff for completeness; P&Z for ADU
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, Building
Planning Fees: Planning Flat Fee ($245)
Referral Agency Fees: Engineering, Minor ($110); Housing Minor ($70)
Total Deposit: $425
To apply, submit the following information:
l . 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 of the 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 of the 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 of the 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 of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. List of adjacent property owners within 300' for public hearing.
11. Copies of prior approvals. Proof of lot being created before 11.17.1977
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
I* LAND USE APPLICATION ATTACHMEW
PROJECT: --
APPLICANT:
Name: Elden A j U -#- C-oIr) J, T( J/10. I Vl S G'
Location:
(Indicate street address, lot & block number, legal description where appropriate)
Name: R c, h,, r r 14 e n
Address: e'l Ll 3O A)o r i►,, Lu I—c X-1 PA kC—� C �:�,,t 17/1,1 Ad, sclri5
Phone #: —7 SZZ
REPRESENTATIVE:
Name: n n -- A Ice OcL ,, S Oav , S korn 27r,c_
Address: 21 S S • l" IOr76,rc�, Sk,'Tt-- lc�y /4 er, Co !3
Phone #: 61 2 5' — G S' 9 7
TYPE OF APPLICATION: (please check all that apply):
0/ Conditional Use
Conceptual PUD
❑
Conceptual Historic Devt.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
Temporary Use
[,�
Other: A OV
❑
Lot Line Adjustment
Text/Map Amendment
tXISTING (:ONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (descnption of proposed buildings, uses, modifications, etc.) AD
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Have you attached the following? FEES DUE: S
24re-Application Conference Summary
attachment #1, Signed Fee Agreement
Response to Attachment #2, Dimensional Requirements Form N K as per
['Response to Attachment #3, Minimum Submission Contents
a Response to Attachment #4, Specific Submission Contents
[9iResponse to Attachment #5, Review Standards for Your Application
ATrACHMff 19
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PmlM it is not possible at this dme to iscerrmn die Bail e:c= of ;he costs iavoi- ed in proe sirs
the arm&.adom APPUCANT and CITE Inher agree thru it, s in dx ;.uz .�f •.fir ?armies -o all
A.??i!C,SuNT to make pavm= of = Hai deposit and w thc:=rc: ce�i= aarition" .osm to be
twilled to .4131,.'rLMA 7 ua a monthly basis. a.PP:.IC.�:ti i s' wilt ae 7Cuetitetl ay : iairg
greaur;.ash liquidity and 'Mill make Udddgrgu gcrita=ta =On-Wd&cdon by :he CiY - -ben rhrr
am necessary as costs ara int:,az---. CTi': ,lea it �viil ha ;.e..a:ited vusr_t the ;ge3ter zer�imy of
recovering its frail costs to process a MIC.�,.►N �mpuaadon.
�, CITf and .AP°LiC.L-sr-L nzaer * . duu :c is imnr*rscabie for C= 3mifm compi=
pros sing or .-seat a cieaz niorrsmaan to the P:aaaiag Cjn=dssion and/or Cx? Cvuucii w
a= bie the Ptanaing CJmmitision and/or City C=ell to make teSuay nRuhad dr-s4a s for proicct
a=mvai, Unifp G.s 'rot'iTin� Ce paid is -Ul prior ro decision.
5 iZsn�:ore. APID :C.k:� 3gt'ees 'mac in ,;onsid�on of hO G"'i 3 waive: os 't$ d8a M
collect, fill toes prior to a de=bmsion of appiieauon e0mflieteae55.:3PPI.ICANT almll pay an
inWd deposit in the e�s0= nr `.?te a is for - how of D1stming $'toff dme. and if
actual tuorded coats erased the mitW deposit.APPLICANT sW pay additioud monthly billings
to C I-C to teinnb=e dse CITE :or the processing of ihe application me icned above. i,ncludsax
post apgtavd review. Such periodic paymenzs shall be made wfttaiu :;0 days of rho Ming dace.
APPLICANT further agma tit ft�ilute to pay stash sound costs sWa be gourds For suspension
of proussiag.
CITY OF AsPFIN APHICANT
•
St8a a Datin June 4. r9 8 _ ,
Counn= y Devetcpmeut Director pri=ted1'44nY@2 Richard Elden
CIry'of As` -en MaWing Addrew' 2430 North Lakeview Avenue
Chicago, Illinois 60614
Account Mine? Twn? Blk/Lot Condo? bile? Sales? ❑
R005311 N Owner Name reSS 31:259
ELDEN RICHARD & GAIL M 1/2 IN Le al Descri tion
Year District 333 W WACKER DR STE# 1600 SUB:OKLAHOMA FLATS ADDITION BLK:2 LOU
1998 001 CHICAGO IL 60606-1226 & LOU DESC: AND 9. BK:0664 PG:0706
Apr Dist St BK:0775 PG:0632 ATTA
A
(Parcel Number MH Space Sequence
:273707311002
Street No Dir No# Street Name, Type:'* Version, V. Date . V. Times ID. Appl
,725 r,' BAY:;' SL. 19960429001 29-APR-98-' .. 161-27 PM �O TM - AIMS
'Location City;f,Y Location Zip Acct Type Lagt Land Actual. Land Assessed: Land AC/SF
ASPEN 81611 11000 1;600,000 155,800 0.0(
BACode Business Name Map No Impry Actual: Imp •Assessed ., " Square feet
269,300 - 26 200 675
Administration Appraisal Exempt Actual � Exempt.Assess- Now Version -
1 Names 0 0 19980608000
2 Situs Address Total Actual, Total Assess,-.
3 M bil H 1 869.300 ; 182.000
o e ome
4
Tract/Section
5
Condominiums
6
Block & Lot
7
Book & Page/Sales
8
Miscellaneous
9
Tax Items
10
Pre/Succeed
Current Year
Prior Version
Go To Imaging
Prior Year
Next Version
Abatement
Next Year
Clerk's Doc's
Update
Clear
Exit
04-(
MASTER
1
2 _
3
_ 4............................__._......_..------....-.__...._._......_.................. LEGALDATA
--._ ..... .... _..... ..... ...... -----..._._._.._ _ ....... ._....- ....
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5 SEQUENCEVERSTART!VEREND1
6 1 111 19980429001!799999999991
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STEWART TITLE OF ASPEN, INC.
620 East Hopkins Avenue
Aspen, CO 81611
Phone: (970) 925-3577
Fax: (970) 925-1384
April 28, 1998
Richard and Gail Elden
333 W. Wacker Dr., Suite 1600
Chicago, IL 60606-1226
Re: Order No. 00024292
Dear Mr. and Mrs. Elden,
,►rrAcw,ehr 'I
Stewart Title is pleased to provide you with your Title Insurance Policy.
Please examine it carefully. Your original policy should be kept in a
safe place with your other real estate documents. Should you find any
discrepancy or have any questions, please feel free to call our Title
Department at (970) 925-3577, and refer to your Order Number referenced
above.
When you are ready to sell or refinance, remember that it is your decision
as to which title company to use. You can save up to 50% on your next
policy (if issued within five years of the date of this policy) by using
Stewart Title again.
We maintain a file on this property including your Title Policy and we will
be able to provide you with prompt, efficient service should you have any
other title insurance needs. Our staff is committed to superior service and
customer satisfaction.
Thank you for allowing us to be of service to you!
Sincerely,
c
C+r
ar is Poutous
President
Enc.
ALTA OWNER'S POLICY - 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of.
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
LE go
*��r�
Chairman of the Boa
3'��•�° ;j
Countersigned:
«i 1908 '�o^
**
TfXAS
Authorized Countersignature
Peter Delany
STEWART TITLE OF ASPEN, INC.
Agent M #06011A
1fr/a,21
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any Pal of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has bees recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for
value or a iudement or lien creditor.
Serial No. 0-9701-34728
0 CONDITIONS AND STIPULATIONS 0 -
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. - ' . • . ' • .
(d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the nutter or matters for which prompt notice is required; provided, however, that failure,
to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by
the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or prodding or to do any other act which
in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the
insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or prodding, or effecting settlement, and (ii) in any other lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
ALTA OWNER'S POLICY
SCHEDULE A
Order Number. 00024292
Date�ofPolicy: April 15, 1998 at 4:25 P.M.
Amount of Insurance: $ 2,580,000.00
1. Name of Insured:
RICHARD ELDEN AND GAIL M. ELDEN
Policy No.: 0-9701-34728
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Tule to the estate or interest in the land is vested in:
RICHARD ELDEN AND GAIL M. ELDEN
4. The land referred to in this policy is described as follows:
See Attached Legal Description
• SCHEDULE A
Order Number: 00024292
LEGAL DESCNP77ON
PARCEL As
An undivided fifty percent (50%) interest in and to Lots 7, 8
and 9, Block 2, Oklahoma Flats Addition to the City of Aspen,
together with an exclusive right to use she East Apartment Unit
contained in the building located thereon as defined and
described in the Declaration of Restrictions appearing in Book
297 at Page 664.
PARCEL Bs
An undivided fifty percent (50%) interest in and to Lots 7, 8
and 9. Block 2, Oklahoma Flats Addition to the City of Aspen,
together with an exclusive right to use the West Apartment Unit
contained in the building located thereon as defined and
described in the Declaration of Restrictions appearing in Book
297 at Page 664.
County of Pitkin, State of Colorado
0
•
ALTA OWNER'S POLICY
Order Number: 00024292
SCHEDULE B
Policy No.: 0-9701-34728
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of
L Rights or claims of parries in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
S. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance thereof,•
water rights claims or title to water.
6. Taxes and Assessments for the year 1998, not yet due and payable, and
subsequent years and any special assessments not yet certified on the tax
rolls of Pitkin County.
7. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises as
reserved in United States Patent, and any vein or lode or quartz or other
rock in place bearing. gold, silver, cinnabar, lead, tin, copper or other
valuable deposits, which were claimed or known to exist on November 23, 1891,
all as reserved in United States Patent recorded December 14, 1900 In Book 39
at Page 136.
8. Terms, conditions and obligations as set forth in stipulation recorded August
21, 1973 in Book 279 at Page 168.
9. Terms, covenants, conditions, easements, restrictions, uses, limitations and
obligations as contained in Declaration of Restrictions, which also contained
a Right of First Refusal, recorded April 4, 1975 in Book 297 at Page 664.
10. This policy does not insure title to land comprising the shores or bottoms of
rivers and is subject to any build up or loss of property along Roaring Fork
River, caused by the processes of accretion and reliction, or caused by man
made changes in the flow of water or in the course of the river bank or river
channel; also subject to the free and unobstructed flow of the water of said
river, and recreational or other use thereof.
11. Right of way for the use and maintenance of the existing power lines running
along the northerly boundary and crossing the northwest corner of the
property, as shown on survey by Alpine Surveys Job No. 86-138, updated
November, 1997.
Continued on next page
•
Continuation of Schedule B - ALTA Owner's Policy
Policy Numbers 0-9701-34728
ENDORSEMENT FORM 110.1 (Rev. 5/95)0
E
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O- 9701-34728 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 00024292
Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 , inclusive, of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
Countersigned:
Authorize Countersignature
STEWART T1TI.E OF ASPEN, INC.
Agent ID #06011A
CEWART TITLE
GUARANTY COMPANY
* tEXAs
Serial No. E-9851-40528
CONDITIONS AND STIPULATIONS Cautioned
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage.
The proof of low or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of
low or damage and shall state, to the extent possible, the basis of calculating the amount of the low or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of low or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records,
boots, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to
the low or damage. All information designated an confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
n to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to
pay; or
Q to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured,claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)() or Q, the Company's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason
of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
n the Amount of Insurance sated in Schedule A; or,
Q the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum-
brance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is lea, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following:
(i where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rat& in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or
Q where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the low pro rata in the proportion that 120 percent of the
Amount of Insurance stated in Schedule A bean to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Laurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a low is established affecting one or more of the pareclr
but not all, the low shall be computed and settled on a pro rats basis as if the amount of insurance under this policy was divided pro rate as to the value on Data of Policy
of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy.
(continued and condo" on last page of this policy)
(ALTA Owner's Policy)
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the
claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent„ the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company, shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fen and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage
to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim don not fully cover the loss of the insured claimant, the Company shall be abrogated to these rights and remedies in the
proportion which the Company's payment beam to the whole amount of the loss:. -. - • `"' : " "- ;: - � .. - .... ... _... .
If Ion should.result from any act of the insured claimant,' as sated above; that act shall not void this policy, but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairmeat by the insured claimant
of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against ran -insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount
of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess
of S1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy thall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
IS. LIABILITY LIMITED TO THIS POLICY; POLICY EN71RE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of low or damage, whether or not based on negligence, and which arises out of the states of the title to the estate or interest covered hereby or by any
action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effecL
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
STEWART TITLE
GUARANTY COMPANY
State of Colorado )
) ss AFFIDAVIT OF JANET RACZAK
County of Pitkin )
I, JANET RACZAY, Affiant, being of lawful age and duly sworn upon my oath, do depose
and state as follows:
On June 8, 1998, I went to the Pitkin County Assessor's Office to review the records of
adjacent land owners who were to receive Notice for the Eldon Land Use Application,
2. On June 9, 1998, I accessed the Pitkin County Assessor's records via its Website at
httpJAvww.aspen.com/assessor/, and printed the information for each of the records identified
as adjacent to the subject on the mapping provided by the Assessor's Office.
3. Based on my research in the Pitkin County Assessor's Office, the most current list was
provided to Davis Horn, Inc. for submittal to Pitkin County Community Development Office.
4. I made a good faith effort to obtain an accurate list of the names and addresses of the land
owners adjacent to Eldon' property located at 725 Bay Street, Aspen, Colorado.
The list also includes the Parcel ID numbers and Schedule numbers of the associated parcels
(see Exhibit "A" ).
6. The submittal also includes a copy of the mapping obtained from the Assessor's Office on
June 8, 1998 with written notes as to the owners of those parcels of record in the Assessor's
computer records available on June 9, 1998 (see Exhibit, "B").
FURTHER, AFFIANT SAYETH NOT.
ty-
et L. Raczak
The foregoing instrument was acknowledged and signed before me this _dayofJunr,1998
by Janet L. Raczak.
WITNESS my hand and official seal.
My commission expires: 4W
(SEAL)
NOTARY PUBLIC
E,M1b2(, ,./) /i
ELDON PROPERTY
LIST OF PROPERTY OWNERS
WITHIN 300 FEET OF SUBJECT PARCEL
ATTACMENT.J.0
DRC Family Limited Partnership Parcel #27370731001
1873 S. Bellaire St. #700 Schedule #5550
Denver CO 80222
James A. Morse Trust Parcel #27307310002
107 Sinclair Schedule #5420
Muskegan MI 49441 and Parcel #273707350001
Schedule #8629
Edward & Diana Van Deusen Family Trust Parcel #27370731004
233 N. Spring Street Schedule #8515
Aspen CO 81611
Ruth Hamilton Brown Parcel #273707308001
420 N. Spring Schedule #5380
Aspen CO 81611
Seymour Family Trust Parcel #273707373001
390 N. Spring Street Schedule #13164
Aspen CO 81611
Richard & Sue Volk Parcel #273707373002
2327 Mimosa Schedule #13165
Houston TX 77019
Howard & Pauline Mayer Parcel #273707307001
POB 333 Schedule #5438
Aspen CO 81612-0333
Gerald & Christine Goldstein Parcel #273707309003
POB 2045 Schedule #5368
Aspen CO 81612-2045
Branding Group Inc. Parcel #273707311005
POB 10637 Schedule #5419
Aspen CO 81612
Denice C. Reich Little River Rev. Trust Parcel #273707311006
1873 S. Bellaire #700 Schedule #15104
Denver CO 80222
0 . 0 r to
ATTACHMENT
Gail M. Gross Parcel #273707311001
2700 Post Oak Blvd, #1670 Schedule #5310
Houston TX 77056
Fraternal Order of Eagles Parcel #273707350803
700 E. Bleeker Ave. Schedule #13952
Aspen CO 81611
John L. Lancaster III Parcel #273707360007
901 Main St #6000 Schedule #9818
Dallas TX 75202
JEgbie Family Trust Parcel #273707360008
c/o Joan Metcalf Schedule #9819
729 E. Bleeker St.
Aspen CO 81611
Jeffrey & Sandra Kallenberg Parcel #273707360005
401 Market St., #500 Schedule #9820
Shreveport LA 71101
David Beckwith, Trust Parcel #273707360006
c/o Foley & Lardner Schedule #9821
777 E. Wisconsin Ave.
Milwaukee WI 53202
City of Aspen Parcel #273707350851
Asset Manager for Newbury Park Schedule #Unknown
130 S. Galena Street
Aspen CO 81611
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6TTACHMENT_
Insert List of Property Owners within 300 feet
ATTACHMENT 11
The subject site is located in Oklahoma Flats which was subdivided
on August 14, 1896.
1 -10
0 10 20
1 FOOT CONTOURS
FLOODWAY SCALED
ICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
ER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
ED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
AS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
fIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE
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LEGEND AND NOTES
O
FOUND SURVEY MONUMENT AS DESCRIBED
A
SURVEY CONTROL POINT
UTILITY BOX
DECIDUOUS TREE(S)
CONIFER TREE(S)
3-4 FEET OF SNOW ON GROUND AT TIME OF SURVEY 3/98
®
ELECTRIC METERS
®
GAS METERS
AREA CALCULATIONS:
TOTAL AREA CALCULATED 13,250 SF. •/-
AREA BELOW MEAN HIGH WATER 0 SF. •/-
AREA ABOVE MEAN HIGH WATER 13,250 SF. •/-
POSTED ADDRESS '725 AND 727-
ELEVATIONS BASED ON BENCH MARK AT THE S.W. CORNER OF THE COURTHOUSE
AS PER FEMA FLOOD INSURANCE STUDY OF ASPEN, ELEVATION OF 7,906.80 FEET
THIS DATUM WAS BROUGHT IN BY OTHERS
THE ENTIRE PROPERTY LIES WITHIN THE 100 YEAR FLOOD PLAIN AS
PER FLOOD INFORMATION BASED ON FEMA FLOOD INSURANCE RATE MAP
COMMUNITY PANEL NO. 080143 0001E CITY OF ASPEN, COLORADO
DATED: PITKIN COUNTY
DECEMBER 4, 1985, COLORADO.
BEARINGS BASED ON THE SW CORNER OF LOT 1 AND THE NW CORNER OF LOT 6,
BLOCK 2 OKLAHOMA FLATS ADDITION TO THE CITY OF ASPEN, N 15-30.00-E
YELLOW PLASTIC CAPS STAMPED 9184.
AN ATTORNEY SHOULD REVIEW THIS PLAT DUE TO THE FACT THE ORIGINAL MAP
OF OKLAHOMA FLATS IS MISSING. THE MAP OF THE LUX PLACER DRAWN BY E.L. SHAW
WAS USED IN THE PREPARATION OF THIS SURVEY. (PLAT BOOK 2 AT PAGE 0)
TITLE INFORMATION FURNISHED BY:
STEWART TITLE OF ASPEN, INC.
ORDER NO. 00024292-C3
DATED: DECEMBER 01, 1997
dE>
WOOD FENCE
CERTIFICATION
THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS
FIELD SURVEYED DURING 1998 AND IS ACCURATE
DISCREPANCSED ON I(ESFOFLD EVIDENCE AS RECORDj BOUNDARY
EAND CONFLI`CTSHERE ARE NO
ENCROACHMENTS,
EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR kNOWN TO ME
EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND
APPURTENANCES/� AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE
SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS WET STAMPED
WITH THE SEAL OF THE SURVEYOR BELOW.
DATED:
JOHN M. HOWORTH P.L.S. 25947
DEPOSITED THIS AY OF , 1998, IN BOOK OF THE
COUNTY CLERK'S LAND SURVEY PLATS/RIGHT OF WAY SURVEYS AT PAGE__
AS RECEPTION NUMBER THIS LAND SURVEY PLAT
COMPLIES WITH SECTION 38-51-102 COLORADO REVISED STATUES.
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
COUNTY CLERK AND RECORDER
STREAM MARGIN REVIEW
OF
LOTS 7,8 AND 91 BLOCK 2, OKLAHOMA FLATS ADDITION TO THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
PREPARED BY
ASPEN SURVEY ENGINEERS; INC.
210 SOUTH GALENA STREET
ASPENS COLORADO 81611
PHONE/FAX (970) 925-3816
DATE JOB
3/98 28047
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---------------