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AGENDA
ASPEN BOARD OF ADJUSTMENT
January 14, 2021
4:30 PM, WebEx Virtual Meeting (See agenda packet for
instructions to join the meeting)
I.WEBEX MEETING INSTRUCTIONS
TO JOIN ONLINE:
Go to www.webex.com and click on "Join" in the top right corner
Enter Meeting Number: 126 094 7347
Enter Password: 81611
Click "Join Meeting"
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JOIN BY PHONE
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II.ROLL CALL
III.COMMENTS
IV.MINUTES
None
V.DECLARATION OF CONFLICT OF INTEREST
VI.OTHER BUSINESS
VI.A.Election of Chair and Vice Chair
VII.PUBLIC HEARINGS
VII.A.Lot 3, Arthur O. Pfister Subdivision - Permitted Use Variance
Lot 3 Arthur O'Pfister Subdivision_Memo_01072021.pdf
Lot 3 Arthur O'Pfister Subdivision_Resolution No. 01, Series of 2020.pdf
Exhibit A - Review Criteria_Permitted Use Variance.pdf
Exhibit B - Public Notice Affidavit.pdf
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Exhibit C - Application.pdf
VIII.ADJOURN
Typical Proceeding Format for All Public Hearings
1)Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8)Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met.
CODE OF CONDUCT FOR CITIZEN COMMENTS DURING CITY OF ASPEN PLANNING AND
ZONING COMMISSION MEETINGS:
Planning and Zoning Commission meetings shall be conducted in a fair and impartial manner. Citizen comments
shall respect the need for civility for effective public discussion of issues.
Citizen comments regarding any matter not on the agenda will be allowed during the designated time on the agenda
and may be disallowed at other times during the meeting.
Those wishing to address the Commission on any matter not on the agenda will be allowed a three-minute
presentation per speaker. This “three minute rule” shall also be applicable to citizens wishing to address the
Commission during the public comment portion of public hearings for agenda items.
The Chair or presiding officer retains the discretion to allow or disallow public comment on any agenda item that is
not designated as a public hearing.
All citizen comments should be directed to the Commission, and not to individual members of the public.
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Defamatory or abusive remarks, shouting, threats of violence or profanity are OUT OF ORDER and will not be
tolerated. Persons violating these policies may be asked to terminate their comments. In the event of repeated
violations or refusal to abide by these policies or directives, the Chair or presiding officer has authority to request
the individual to leave the meeting or direct a peace officer to remove the individual from the Commission meeting.
Revised July 8th, 2019
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Page 1 of 4
MEMORANDUM
TO: City of Aspen Board of Adjustment
FROM: Garrett Larimer, Planner II
THRU: Bob Narracci, Zoning Administrator
RE: Lot 3, Arthur O. Pfister Subdivision, Permitted Use Variance Review
Resolution No. 01, Series of 2021
MEETING DATE: January 14th, 2021
APPLICANT:
Daniel Thomas Van Voorhis
Revocable Living Trust,
2015 Spring Road, Suite 600
Oakbrook, IL 60523
REPRESENTATIVE:
Chris Madigan,
Madigan and CO.,
P.O. Box 9682, Aspen, CO 81611
LOCATION:
Lot 3, Arthur O’Pfister Fully
Developed Lands Subdivision
(Arthur O’Pfister Subdivision),
Address TBD,
Lazy Chair Ranch Rd.,
PID# 2735-113-02-003
CURRENT ZONING AND USE:
Rural Residential (RR),
Undeveloped Parcel
Lot Size: 2 Acres
SUMMARY OF REQUEST:
The Applicant requests a Permitted
Use Variance to allow for
construction staging on Lot 3,
during the re-development of Lot 2
(Off-site construction staging).
STAFF RECOMMENDATION:
Staff recommends the BOA approved the requested Permitted Use
Variance, with conditions.
FIGURE 1: CURRENT CONDITIONS
Lot 2
(511 Lazy Chair Ranch
Rd.)
Lot 3
(Subject Site)
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Page 2 of 4
REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from
the Board of Adjustment (BOA):
• Variance (Chapter 26.314) to grant a Permitted Use Variance for off-site construction staging (The Board
of Adjustment is the final review authority).
BACKGROUND AND EXISTING CONDITIONS:
The subject site is Lot 3 of the Arthur O. Pfister Subdivision. The property is 2 acres and is zoned Rural
Residential (RR). The property is currently undeveloped.
Figure 2 & 3: Subject Property Location:
511 Lazy Chair Ranch Road, Lot 2,
received 8040 Greenline Approval by the
Planning and Zoning Commission (P&Z) to
redevelop the site (Resolution No. 03,
2020). Lot 2 and Lot 3 are under the same
ownership.
REQUEST:
The Applicant requests approval for a
Permitted Use Variance to allow for off-site
construction staging on Lot 3, for the re-
development of Lot 2. No permanent
development is proposed on Lot 3. All
construction staging will be located within
the extents of the platted building envelope
(see Figure 4). Once construction is
complete for Lot 2, all staging will cease and
Lot 3 will be re-vegetated and will remain
undeveloped.
Figure 4: Lot 3 Building Envelope
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Page 3 of 4
REVIEWS
PERMITTED USE VARIANCE: In order to meet the Review Criteria and qualify for a Permitted Use Variance,
5 criteria must be met:
1. Proper notice of the request and public hearing must have been provided to surrounding property
owners.
2. Not approving the variance would result in a hardship and would render the property undevelopable.
3. The off-site construction staging must not have significant negative impacts on the neighborhood.
4. The property needs to be owned by the same owner, or written permission must be granted by the
owner of the lot in which the construction staging is to occur.
5. The site must be restored to its original condition.
STAFF COMMENTS
Site constraints make construction staging on Lot 2 difficult. Lot 2 and Lot 3 are at the end of Lazy Chair
Ranch Road. This is a single lane private road and dead ends into Lot 2. Lot 2 (511 Lazy Chair) has steep
slopes, vegetation, and a building envelope that restrict development and use of the site for construction
staging. Lazy Chair Ranch Rd. is narrow and would not be able to accommodate parking and leave room
for access to Lot 2.
The impacts of the off-site construction staging would have a minimal impact on the neighborhood. Both
lots are isolated at the end of a dead-end private road with no adjacent residential neighbors. One other
residential lot is developed on Lazy Chair Ranch Rd. at the Tiehack Rd. intersection. The site is surrounded
by Maroon Creek Club Open Space and a parcel containing City of Aspen utility infrastructure.
The impacts of the off-site staging request are minimal and reasonable. Use of Lot 3 for development was
contemplated and approved during the original approval of the subdivision. Lot 3 contains a platted
envelope and all construction staging will occur within that envelope. Conditions of approval are included
to ensure impacts during and after construction are appropriately mitigated.
Approval of a tree protection, erosion control, and revegetation plan, as well as defining the limits of
disturbance, are included as a conditions of approval to be addressed during the building permit review for
511 Lazy Chair Ranch Rd. There is an active building permit for Lot 2 in for review at this time. The site will
have to be fully restored prior to issuance of a Certificate of Occupancy for 511 Lazy Chair Ranch Rd..
Staff feels the request meets the review criteria, is reasonable given the site context, is consistent with
conditions of the approved subdivision, and would have minimal impacts on the neighborhood. Additionally,
Lot 2 and Lot 3 are under the same ownership, so the logistics are manageable.
REFERRAL AGENCIES
Staff consulted with the City Parks and Engineering Departments and each agree with Staff’s position -
supporting a recommendation of approval with conditions. Conditions of approval included in the draft
resolution that address their comments.
RECOMMENDATION:
Staff has found the application to meet all review criteria and recommends approval with conditions.
Staff recommends all details for the Lot 3 staging site are outlined, reviewed, and approved during the
building permit process for 511 Lazy Chair Ranch Rd.
ALTERNATIVE:
If the BOA disagrees with any proposed conditions of approval in the resolution and wishes to amend the
proposed Resolution by removing conditions of approval, staff requests the BOA continue the hearing to
ensure the Parks and Engineering Department have an opportunity to weigh in on and respond to the
proposed changes.
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Page 4 of 4
PROPOSED MOTION (All motions are proposed in the affirmative):
“I move to approve Resolution No. 01, Series 2021, approving a permitted use variance to allow for off-
site construction staging for the redevelopment of Lot 2, on Lot 3, with conditions .”
ATTACHMENTS:
Exhibit A – Variance Review Criteria, Staff Findings
Exhibit B – Application
Exhibit C – Public Notice Affidavit
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Board of Adjustment
Resolution No. 01, Series 2021
Page 1 of 4
RESOLUTION NO. 01
(SERIES OF 2021)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A
PERMITTED USE VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 3,
ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION,
ACCORDING TO THE FIRST AMENDMENT TO THE FINAL PLAT THEREOF RECORDED
MARCH 17, 2015 IN PLAT BOOK 109 AT PAGE 72, AS RECEPTION NO. 618207, PITKIN
COUNTY, COLORADO, COMMONLY KNOWN AS LOT 3, ARTHUR O. PFISTER
SUBDIVISION.
Parcel ID No: 2735-113-02-003
WHEREAS, the Community Development Department received an application from Daniel
Thomas Van Voorhis Revocable Living Trust (Applicant), represented by Chris Madigan of Madigan and
Co. (Representative), for a Permitted Use Variance: pursuant to Land Use Code Chapter 26.314,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete – December 17, 2020, as applicable to this Project; and,
WHEREAS, the Community Development Department referred the Application to the City of
Aspen Parks and Engineering Departments, and received recommendations of approval with conditions;
and,
WHEREAS, the Board of Adjustment reviewed an Application for a Permitted Use Variance for
off-site construction staging, at a duly noticed public hearing on January 14, 2021; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice
submitted to the record; and,
WHEREAS, the Board of Adjustment finds the request to meet the Review Criteria (Section
26.314.040) for a permitted Use Variance; and,
WHEREAS, during a duly noticed public hearing on January 14, 2021, the Board of Adjustment
approved Resolution 1, Series of 2021, by a ____to ____ (_ - _) vote, approving a Permitted Use Variance
for off-site construction staging, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of
Adjustment hereby grants a Permitted Use Variance to allow for off-site construction staging on Lot 3,
Arthur O. Pfister Subdivision during the construction of Lot 2, Arthur O. Pfister Subdivision (511 Lazy
Chair Ranch Rd.), with conditions.
Section 2: Lot 3, Arthur O. Pfister Subdivision
A. A Construction Staging Plan for Lot 3 shall be approved as part of the building permit for the
redevelopment of Lot 2. The contents of the Staging Plan are outlined below.
B. No activity or disturbance of any kind shall extend beyond the limits of the building envelope
established by the Final Subdivision Plat recorded at Plat Book 42, Page 45, and an agreed upon
vehicular access path from Lazy Chair Ranch Rd. to the building envelope.
C. Vehicular access to the building envelope will be determined at a site visit with the Parks
Department to ensure access has the most minimal impact on the site. Vehicular access shall not
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Board of Adjustment
Resolution No. 01, Series 2021
Page 2 of 4
exceed 15’ in width. The extents of vehicular access boundaries and the building envelope shall be
shown on all Construction Staging documents included in the building permit review.
D. Construction staging is permitted on Lot 3 as long as a valid permit is in effect for Lot 2.
E. The City of Aspen Parks, Community Development, and Engineering Departments must inspect
and approve the restoration of Lot 3 prior to issuance of a Certificate of Occupancy for Lot 2.
Restoration and use of Lot 3 for construction staging conditions are outlined below.
Section 3: Engineering Department
All activity on Lot 3, Arthur O. Pfister Subdivision must comply with Title 21 of the City of Aspen
Municipal Code, and all adopted regulations of the City of Aspen Engineering Department. The following
conditions shall be met prior to issuance of a building permit for any permits for Lots 2 or 3:
A. Construction Management Plan: The Applicant shall submit a CMP to the Engineering Department
that includes all activity on Lots 2 and 3. The CMP shall be approved prior to building permit
issuance.
B. Revegetation Plan: An approved revegetation plan shall be approved by the Parks Department for
Lot 3 prior to building permit issuance.
C. Erosion Control Plan: An erosion and sediment control plan must be included in the CMP for both
Lots 2 and 3.
D. Drainage: The site drainage shall comply with all rules and regulations as deemed necessary by the
Engineering Department.
Section 4: Parks Department
All activity on Lot 3, Arthur O. Pfister Subdivision must comply with all adopted regulations of the City of
Aspen Parks Department. The following conditions shall be met prior to issuance of a building permit for
any permits for Lots 2 or 3:
A. A site visit is required with the City of Aspen Parks Department and Applicant prior to building
permit issuance to discuss all anticipated activity on Lot 3.
B. Revegetation Plan: An approved revegetation plan shall be approved by the Parks Department for
Lot 3 prior to building permit issuance.
C. Tree Protection Plan: A tree protection plan and any required tree removal permits must be
approved prior to building permit issuance.
D. No activity or storage of material is allowed within the Tree Protection Fencing.
E. The Parks Department and Applicant shall meet on-site prior to building permit issuance to
determine the most appropriate vehicular access to the approved Building Envelope. The vehicular
access path shall not exceed 15’ in width. The vehicular access path and extents of the building
envelope shall be depicted on all Construction Staging Plan documents.
Section 5:
All material representations and commitments made by the Applicant pursuant to the development proposal
approvals as herein awarded, whether in public hearing or documentation presented before the Community
Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 6:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 5:
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Board of Adjustment
Resolution No. 01, Series 2021
Page 3 of 4
Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date
of the approval unless development has commenced as illustrated by the submission of a building permit
or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not
vested, and will not receive a Development Order.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
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Board of Adjustment
Resolution No. 01, Series 2021
Page 4 of 4
FINALLY, approved this 14th day of January, 2021.
Approved as to form: Approved as to content:
__________________________ ______________________________
Katharine Johnson, Andrew Sandler, Chair
Assistant City Attorney
Attest:
_______________________________
Nicole Henning, City Clerk
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Exhibit A
Permitted Use Variance – Review Criteria
26.314.040 – Variances
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision-
making body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided
to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—
c.
Staff Response: Adequate noticing was provided for the request – staff finds this
criterion to be met.
2. A variance is the only reasonable method by which to afford the applicant relief, and to
deny a variance would cause the applicant unnecessary hardship such that the property
would be rendered practically undevelopable, as distinguished from mere
inconvenience.
Staff Response: 511 Lazy Chair Ranch Rd. (Lot 2) was granted 8040 Greenline Approval
to redevelop with a single-family residence. There are steep slopes, vegetation, and
areas of restricted development on that lot that restrict possible staging locations.
Access to the lot also provides challenges to the construction process that are unique to
this site. Approving a permitted use variance on Lot 3 (under the same ownership)
provides the applicant a reasonable solution to site constraints during construction and
reduces impacts to lot 2. As long as impacts are limited to the developable area identified
for Lot 3, the impacts to that site are consistent with the subdivision requirements. A
condition of approval is included to ensure all impacts to Lot 3 are approved by
Engineering and the Parks Department and are within the limits of the developable area
established through subdivision plats. Staff finds this criterion to be met with conditions.
3. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities
surrounding the subject parcel.
Staff Response: Lot 2 and Lot 3 are at the end of a private road with no residential
neighbors immediately adjacent to either lot. There is only one other residential lot on
the private road and off-site staging would have no additional impacts on that lot. Staff
finds this criterion to be met.
4. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
Staff Response: Lot 2 and Lot 3 are under the same ownership, if ownership changes
during construction, a separate building permit must be approved. A condition of
approval will be verification that the new owner understands construction staging has
been approved for Lot 3 and is authorized to continue until completion of the project,
staff finds this criterion to be met with conditions.
5. Adequate provision is made to restore the subject parcel to its original condition upon
expiration of the variance, including the posting of such financial security as deemed
appropriate and necessary by the appropriate decision-making body to ensure such
restoration.
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Exhibit A
Permitted Use Variance – Review Criteria
Staff Response: A condition of approval is included that requires the Applicant to submit
a revised CMP associated with the redevelopment of 511 Lazy Chair Ranch Rd. to
address all impacts of the off-site construction staging, including a revegetation plan.
Approval by the City of Aspen Engineering Department for all impacts to lot 3, will be
required prior to building permit issuance for Lot 2. Staff finds this criterion to be met
with conditions.
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
________________________________________________, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
______________________________________, 20___
STATE OF COLORADO )
) ss.
County of Pitkin )
I, _____________________________________________________ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_____ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_____ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the ___ day of ________________, 20___, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
_____ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
_____ Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
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kevin@madiganco.co
From:kevin@madiganco.co
Sent:Monday, December 28, 2020 11:16 AM
To:'Scott Erwin'
Subject:Land use exemption meeting 511 Lazy Chair
Hi Scott -- the Club and the HOA will both be receiving a letter about a land use
exemption meeting on January 14th. This is in regards to what we already discussed
that we are hoping ot be allowed to use Lot 3 (the flat bench each of lazy chair above
your cart path). The purpose would be staging and parking. We will fence whatever area
is used and commit to educating our subs about the unique nature of being inside of a
golf course. This email is just additional outreach as they request for neighbors which
might be impacted. Please feel free to contact with any issues, ideally before the
meeting so that we could proactively address them.
Thanks
+ Kevin Heinecken
+ 970-379-4238
kevin@madiganco.co
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kevin@madiganco.co
From:kevin@madiganco.co
Sent:Monday, December 28, 2020 11:12 AM
To:'Kathy Finley'
Cc:'Dave Rybak'
Subject:Lot 3 - Lazy Chair Ranch Road
HI Kathy -- Another quick note that you will be receiving a required letter about a land
use variance meeting on the 14th. We are seeking the ability to use Lot 3 for staging of
construction materials during the building of the house at 511. (Lot 3 is the Lot on the
east side of lazy chair, above the cart path. I cannot see how that would impact you
negatively and I believe it would be a net benefit since it would reduce traffic on Lazy
chair past your house. I was asked to do specific outreach to possibly affected neighbors
and you are the only one remotely close by except the club. Please let me know if you
have any questions.
By the way, as of today, we are still working on the legal easements for the utility
project and will likely NOT be starting that in the next few weeks. The rest of the
schedule remains up in the air.
Thanks
+ Kevin Heinecken
+ 970-379-4238
kevin@madiganco.co
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location
Applicant:
Zone District: Gross Lot Area: Net Lot Area:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
Existing Allowed Proposed Multi-family Residential
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
Existing Allowed Proposed
8) Minimum distance between buildings
Proposed % of demolition
7) Side Setbacks
Proposed % of demolition
Commercial
Proposed Use(s)
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing non-conformities or encroachments:
Variations requested:
Lodge
Additional Use(s)
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
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PRE-APPLICATION CONFERENCE SUMMARY
DATE: August 21, 2020
PLANNER: Garrett Larimer, Garrett.Larimer@cityofaspen.com
PROJECT ADDRESS: Lot 3, Arthur O Pfister Exemption, Lazy Chair Ranch Rd
PARCEL ID# 2735-113-02-003
REPRESENTATIVE: Kevin Heinecken, kevin@madiganco.co
DESCRIPTION: The subject property is located in the Rural Residential (RR) zone district. The lot is vacant
lot owned by the same owner as Lot 2 of the Arthur O Pfister Exemption Subdivision, or 511 Lazy Chair
Ranch Road.
511 Lazy Chair Ranch Road recently received 8040 Greenline Review, a Determination of Pre-development
topography, and RDS approval from the Planning and Zoning Commission via Resolution No. 03, Series of
2020 to redevelop the site with a single-family residence.
The property owner is interested in using Lot 3 as a construction staging location during the redevelopment
of Lot 2. Section 26.314.030 authorizes the Board of Adjustment to grant a variance for permitted uses to
“allow for the temporary off-site location or storage of materials, structures or equipment pursuant to
building construction or staging.”
The request for a variance to the permitted uses for construction staging will consider the following review
criteria from the Aspen Municipal Code section 26.314.040.b:
In order to authorize a variance from the permitted uses of Title 26, the appropriate decision-making
body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding
property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—c.
2. A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance
would cause the applicant unnecessary hardship such that the property would be rendered practically
undevelopable, as distinguished from mere inconvenience.
3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to
minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel.
4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then
verified written authorization of the parcel's owner must be provided.
5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the
variance, including the posting of such financial security as deemed appropriate and necessary by the
appropriate decision-making body to ensure such restoration.
All proposals will have to comply with the conditions in place for Lot 2 of the Arthur O Pfister Subdivision
Exemption, including areas of the lot with restricted development activity.
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RELEVANT ASPEN MUNICIPAL CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.314 Variances
26.710.130 Rural Residential Zone District (RR)
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REQUIRED LAND USE REVIEW(S):
• Permitted Use: Temporary Construction Staging
REVIEW BY:
• Staff for determination of complete application and recommendation
• Board of Adjustment for decision
PUBLIC HEARING:
• Yes
REFERRALS:
Yes, Engineering and Parks
PLANNING FEES:
$1,950 for 6 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate
of $325 per hour.)
REFERRAL AGENCIES FEE:
$325 – Engineering deposit for 1 hour of staff time (Additional hours will be billed at a rate of
$325/hr.)
$975 – Parks Flat fee
TOTAL DEPOSIT:
$3,250
APPLICATION CHECKLIST – Please submit a copy of the following to Garrett Larimer in a single PDF
document via email:
Completed Land Use Application and signed fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current (no older than 6 months) certificate from a title insurance company, an
ownership and encumbrance report, 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.
Applicant’s name, address and telephone number in a letter signed by the applicant that states
the name, address and telephone number of the representative authorized to act on behalf of
the applicant.
27
HOA Compliance form.
An 8 ½” by 11” vicinity map locating the parcel within the City of Aspen.
Site improvement survey (no older than a year from submittal) including topography and
vegetation showing the current status, certified by a registered land surveyor, licensed in the
state of Colorado.
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 and relevant land use approval associated with the property. While complete
architectural drawings for the proposed work are not required, the applicant must adequately
demonstrate the need for variances and the location of the variances with a scaled site plan.
Once the application is deemed complete by staff, the following will then need to be submitted:
Total deposit for review of the application.
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.
28
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 1 of 17 ALTA Commitment for Title Insurance (8-1-16)
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Commitment
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the
Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment
Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A
both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
First American Title Insurance Company
If this jacket was created electronically, it constitutes an original document.
29
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 2 of 17 ALTA Commitment for Title Insurance (8-1-16)
COMMITMENT CONDITIONS
1.DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The
term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each
Policy to be issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements;
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5.LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first delivered to
the Proposed Insured.
30
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Form 5030000 (1-31-17)Page 3 of 17 ALTA Commitment for Title Insurance (8-1-16)
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject
matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
31
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 4 of 17 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule A
Transaction Identification Data for reference only:
Issuing Agent:Winter VanAlstine Issuing Office:Attorneys Title Insurance Agency
of Aspen, LLC
Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.:
Commitment No.:20004590 Issuing Office File No.:20004590
Property Address:TBD Lazy Chair Lane (Lot 3), Aspen, CO 81611
SCHEDULE A
1. Commitment Date: September 30, 2020 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A.ALTA Owners Policy (06/17/06)$0.00 $0.00
Proposed Insured:TBD
Certificate of Taxes Due $0.00
Endorsements:
Additional Charges:$0
Total $0.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. The Title is, at the Commitment Date, vested in:
Daniel Thomas Van Voorhis Revocable Trust
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: TBD Lazy Chair Lane (Lot 3), Aspen, CO 81611.
32
SCHEDULE A
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033708-A (4-9-18)Page 5 of 17 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule A
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter VanAlstine
Authorized Officer or Agent
FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys
Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax:
970 925-7348.
33
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 6 of 17 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII
Commitment No: 20004590
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the
County Treasurer or the County Treasurer's Authorized Agent.
6.Evidence that all assessments for common expenses, if any, have been paid.
7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company
8.Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from
The Daniel Thomas Van Voorhis Revocable Living Trust, to the proposed insured, TBD, Schedule A, item 2A.
NOTE: C.R.S. Section 38-35-109(2) requires that a notation of the purchaser's legal address, (not necessarily the
same as the property address) be included on the face of the Deed to be recorded.
9.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
10.A true and correct copy of the Trust Agreement which creates the Daniel Thomas Van Voorhis Revocable Living
Trust, providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers
under that trust.
11.Record a Statement of Authority to provide prima facie evidence of existence of Daniel Thomas Van Voorhis
Revocable Living Trust, an entity capable of holding property, and the name of the person authorized to execute
instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
34
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 7 of 17 Disclosure Statement (5-1-15)
Colorado
12.Evidence to the Company that all assessments and liens due under the Declaration referred to in Schedule B have
been paid.
13.Additional Requirements may be included once the name of the Buyer is provided.
14.This Title Commitment is subject to underwriter approval.
35
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B,
Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5030008-BI&BII (5-18-17)Page 8 of 17 ALTA Commitment for Title Insurance (8-1-16)
Colorado - Schedule BI & BII
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Commitment No.: 20004590
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
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 land
survey and inspection of the Land would disclose, and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and
settlement service for the transaction identified in the commitment
6.Any and all unpaid taxes, assessments and unredeemed tax sales.
7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
8.Any water rights, claims of title to water, in, on or under the Land.
9.Rights to ditches and reservoirs used in connection with such water rights and 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 the United States Patent dated April 3, 1896, and recorded August 26, 1911, in Book 55 at Page 191,
as Reception No. 074888.
36
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 9 of 17 Disclosure Statement (5-1-15)
Colorado
10.Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed dated November 7,
1950, and recorded November 15, 1950, in Book 176 at page 79, as Reception No. 097937, and Correction Deed
dated November 7, 1958, and recorded November 10, 1958, in Book 185 at Page 486, as Reception No. 107215,
and in Book 242 at Page 369A.
11.Terms, conditions, provisions, agreements and obligations specified under the Agreement dated May 10, 1951,
and recorded June 1, 1951, in Book 175 at Page 513 as Reception No. 098386, and Quit Claim Deed dated
December 19, 1969, and recorded December 19, 1969, in Book 245 at Page 114, as Reception No. 138379, and
Agreement dated December 19, 1969, and recorded December 19, 1969, in Book 245 at Page 116, as Reception
No. 138380, and re-recorded August 25, 1972, in Book 266 at Page 253, as Reception No. 153537.
12.Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Board of County
Commissioners of Pitkin County, Colorado, Granting Approval of Detailed Submission for Subdivision, 1041
Environmental Hazard Review, Scenic Foreground Overlay Review, Planned Unit Development, Rezoning, Special
Review Approval for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU Property, General
and Detailed Submission to the "Grand Amendment" portion of the Application and Amendment to the Buttermilk
Ski Area Master Plan for the Pfister Ranch / Golf Application (Resolution No. 91-111) dated June 11, 1991, and
recorded September 23, 1991, in Book 657 at Page 306, as Reception No. 336728, Affects Parcel B only) and
Amendment to Resolution No. 91-111 of the Board of County Commissioners of Pitkin County, Colorado, Granting
Approval of Detailed Submission for Subdivision, 1041 Environmental Hazard Review, Scenic Foreground Overlay
Review, Planned Unit Development, Rezoning, Special Review Approval for Relocation of the KSNO Radio Tower,
Lot Line Adjustment with the ARU Property, General and Detailed Submission to the "Grand Amendment" portion
of the Application and Amendment to the Buttermilk Ski Area Master Plan for the Pfister Ranch / Golf Application
(Resolution No. 91-112) dated August 7, 1991, and recorded September 23, 1991, in Book 657 at Page 384, as
Reception No. 336729.
13.Terms, conditions, provisions, agreements and obligations specified under the Access Easement Agreement
dated September 8, 1993, and recorded November 12, 1993, in Book 730 at Page 774, as Reception No. 363255.
14.30 foot wide Access Easement as reflected on the Final Subdivision Plat & PUD for Maroon Creek Club recorded
November 15, 1993, in Plat Book 33 at Page 4, as Reception No. 363275.
15.Terms, conditions, provisions, agreements and obligations specified under the Water Service Agreement dated
July 26, 1993, and recorded November 15, 1993, in Book 730 at Page 797, as Reception No. 363258, and First
Amendment to Water Service Agreement dated July 26, 1993, and recorded October 17, 1997, as Reception No.
409559.
16.Terms, conditions, provisions, agreements and obligations specified under the Access Easement Agreement
dated November 19, 1993, and recorded December 2, 1993, in Book 733 at Page 590, as Reception No. 364074.
17.Terms, conditions, provisions, agreements and obligations specified under the Golf Course Easement Agreement
dated December 8, 1993, and recorded December 15 1993, in Book 735 at Page 400, as Reception 364622.
18.Terms, conditions, provisions, agreements and obligations specified under the Declaration of Restrictive
Covenants dated December 10, 1993, and recorded December 22, 1993, in Book 736 at Page 335, as Reception
No. 364890.
37
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule BI & BII (Cont.)
Form 50-CO-Disclosure (4-1-16)Page 10 of 17 Disclosure Statement (5-1-15)
Colorado
19.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City Council of the
City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known
and Designated as the "Maroon Creek Club Subdivision (South) Property" Annexation (Ordinance No. 34 (Series
of 1996), dated August 26, 1996, and recorded February 21, 1997, as Reception No. 401985.
20.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City
Council Granting a Rezoning for the Maroon Creek Subdivision in Conjunction with Annexation Into the City of
Aspen, dated October 28, 1996, and recorded April 8, 1997, as Reception No. 403224.
21.Any and all notes, easements and recitals as disclosed on the recorded Maroon Creek Club Subdivision (South)
Annexation Plat recorded February 6, 1997, in Plat Book 41 at Page 76, as Reception No. 401571.
22.Terms, conditions, provisions, agreements and obligations specified under the Easement Deed and Agreement
dated February 28, 2014, and recorded February 28, 2014, as Reception No. 608307.
23.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 12 (Series of 2014), An
Ordinance of the City of Aspen City Council Approving a Minor Subdivision Agreement for the Arthur O. Pfister
Subdivision Lots 2 and 3, City of Aspen, Pitkin County, Colorado, dated May 12, 2014, and recorded June 18,
2014 as Reception No. 611208.
24.Any and all notes, easements and recitals as disclosed on the recorded Plat recorded March 17, 2015 in Plat Book
109 at Page 72, as Reception No. 618207.
25.Any and all notes, easements and recitals as disclosed on the First Amended Plat, Golf Course, Parcel C, 30' wide
Access Easement, recorded May 5, 2015, in Plat Book 111 at Page 8, as Reception No. 619571.
26.Terms, conditions, provisions, agreements and obligations specified under Resolution No. 03 (Series of 2020), a
Resolution of the City of Aspen Planning and Zoning Commission Approving 8040 Greenline Review, Residential
Design Statndard Review , and a Determination of Pre-Development Topography at a Property Commonly Known
as 511 Lazy Chair Ranch Road, Legally Described as Lot 2, (SHOULD SAY LOT 3) Arthur O. Pfister Fully
Developed Lands Subdivision Exemption, According to the First Amendment to the Final Plat Thereof Recorded
March 17, 2015 in Plat Book 109 at Page 72 as Reception No. 618207, Pitkin County, Colorado, dated June 2,
2020, and recorded June 23, 2020, as Reception No. 665359.
27.Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, dated
August 14, 2018, and recorded August 14, 2018, as Reception No. 649529.
28.Rights of others to use the cart path, as it traverses the subject property, as shown on the Improvement Survey
Map, provided by Tuttle Surveying Services, dated July 18, 2018.
29.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
38
Form 5000000-EX (7-1-14)Page 11 of 17 Exhibit A
ALTA Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
Exhibit A
File No.: 20004590
The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows:
Lot 3, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, according to the first amendment
to the final plat thereof recorded March 17, 2015 in Plat Book 109 at Page 72, as Reception No. 618207, Pitkin County,
Colorado.
39
Form 50-CO-Disclosure (4-1-16)Page 12 of 17 Disclosure Statement (5-1-15)
Colorado
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain
a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will
refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to
the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title
commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its
agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance
and is responsible for the recording and filing of legal documents resulting from the transaction which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated
by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County
Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in
writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be
obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the
boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the
County Assessor.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the
Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the
Owner’s Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and
material-men’s liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements
satisfactory to the company, and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
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Form 50-CO-Disclosure (4-1-16)Page 13 of 17 Disclosure Statement (5-1-15)
Colorado
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate
withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties
may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or
claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement
or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the
above conditions are fully satisfied.
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TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
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