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HomeMy WebLinkAboutLand Use Case.651 Pfister Dr.0088.2014.ASLUC V. 0088.2014. ASLU jl)651 PFISTER DRIVE i RESIDENTIAL DESIGN VARIENCE I 2735 11 209 0403 »,6 + 44< -ZJ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0088.2014.ASLU PARCEL ID NUMBERS 2735 112 09 043 PROJECTS ADDRESS 0651 PFISTER DRIVE PLANNER CHRIS BENDON CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE REPRESENTATIVE -2055- DATE OF FINAL ACTION 12.31.14 DATE OF FINAL REFUND/ NO BILLING 12.31.14 PAYMENT CLOSED BY ANGELA SCOREY ON: 1.8.15 NOTICE OF APPROVAL For Residential Design Variances Approved at 651 Pfister Drive; Parcel ID No.: 2735-112-09-043 APPLICANT: ILZ Trust; DSZ Trust SUBJECT SITE: 651 Pfister Drive; Lot 43 Maroon Creek Club SUMMARY: The applicant is requesting three administrative variances for a new home to be constructed on a vacant lot within the Maroon Creek Club Subdivision. Requested variations: 26.410.040.C. 1.b - Single stall garage doors if visible from a street. 26.410.040.D.1.a - Front door location and size. 26.410.040.D.3.a - Street-facing windows. STAFF EVALUATION: Single-Stall garage doors. The intent of this standard is to minimize the effects of garage doors on the streetscape and pedestrian environment. The design places the garage door perpendicular to the street and the property grades and vegetation are such that the garage will have little visibility from the street. The composition of the site and the perpendicular orientation of the garage achieve an appropriate design response to the standard and staff supports the request. Front door location and size. The intent of this standard is to ensure a pedestrian orientation of homes and a friendly/neighborly expression towards the street. The grades of the property essential dictate a garage be located between the street and the main entrance. The garage presence has been mitigated, as discussed above. The front door is prominent and represents an appropriate design response to the standard. Staff supports the location. The 10-foot height of the front door is above the 8-foot limitation. However, the height of the front door in relation to the proportions of the entrance, the scale of the building, and the scale and proportions ofthe structures in the neighborhood is appropriate. Staff supports the size. Street .facing windows. The intent of this standard is to ensure the scale and proportion of homes are in keeping with traditional building techniques and provide a pedestrian scale. The standard prevents large two-story expanses of glass that can make a home's favade look like an office building. The proposed design provides a one-story element at the entryway with glass extending into the eves. The glass does not overwhelm the entryway or create a non-residential feel to the building. Staff supports this variation. DECISION: The Community Development Director finds the request for Administrative Approval for Residential Design Standard Variances, as noted above, to be consistent with the review criteria and thereby, APPROVES the requests. APPR(Pilip BY: UM/LL 24/60* Chris Bendon, Community Development Director Date Exhibit A: Application 1 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested properly right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailiniz Address and telephone number: DSZ Trust, ILZ Trust; 35850 S Woodland Rd, Chagrin Falls, OH 44022; 970.923,3088 Legal Description and Street Address of Subiect Property: Lot 42 Maroon Creek Club Subdivision; 651 Pfister Drive; Aspen, CO 81611 Written Description of the Site Specific Plan and/or Attachment Describing Plan: The Applicant has received variances from the City of Aspen residential design Standards regarding garage doors, front door location and size, and street facing windows. Land Use Approval Received and Dates: December 18,2014 Effective Date of Development Order: December 18,2014 Expiration Date of Development Order: December 17, 2017. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) th Issued this 18 day of December, 2014, by the City of Aspen Community Development Director. -CInt Chris Bendon Community Development Director City of Aspen 1 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 43, Maroon Creek Club Subdivision; 651 Pfister Drive; Aspen, CO 81611. On December 18, 2014, the Aspen Community Development Director approved varaiations from the City's Residential Design Standards for this property's garage orientation, front door location and size, and street facing windows. For further information contact Chris Bendon, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado, chris.bendon@cityofaspen.com, (970) 429-2765. City o f Aspen Published in The Aspen Times on December 25, 2014 ~OSS ARCHITECTURE+PLANNING TO: Chris Bendon December 17,2014 Community Development Director City of Aspen 970-429-2765 chris.bendon@cityofaspen.com From: Poss Architecture and Planning Kim Weil, Eric Westerman Re: 651 Pfister Drive Residential Design Standards (RDS) Variances We are requesting variances from the following Residential Design Standards: 26.410.040.C.1.b - Visibility of garage doors from street We feel the following reason this variance is justified: • The garage doors are perpendicular to the street • The garage doors are 10' in elevation below the street • There is significant vegetation (both existing and proposed) between the street and the garage to act as screening • Visibility of the garage doors will be minimal to non-existent 26.410.040.D.1.a - Front door location and size We feel the following reason this variance is justified: Location • The plat specified the access point from Pfister Drive which we used the slope down from the street to the driveway to screen the auto court and the garage • A desire to keep the garage perpendicular to Pfister Drive led to the location of the front door • The front door is still prominent on the street facing elevation Size • The 8' height limit to a front door responds well to homes sized similar to those in Aspen's West End, however the scale of this residence dictates a large door more in proportion to the elevation 26.410.040.D.3.a - Street facing windows We feel the following reason this variance is justified: • The intent of this standard is to not have windows spanning floor levels. The windows in questions do not span floor levels and in fact the center portion of the residence where the windows occur is only 1 story above grade on the street side • The windows are in proportion to this larger house size 605 EAST MAIN STREET ASPEN. CO 81611 (t) 970/925-4755 (f) 970/920-2950 WWW.BILLPOSS.COM ,-,43 2.-135 1 1 209 g4444 I .-r 0 8% .2014. A-Bl-- U I # Permits ~ - Ble Edit Recoa Navigate Fgrm Repo* Format Iab Help j :. 41 4 2 2. ~ i 0.@& Jumpl |6# I. 9- - 1:liE, m : 2 ~ Custom Relds Rofng Status Fee SummaTI Actions Routing Mistory 0 jAspen Land Use Permit# 0088.2014.ASLU 51 1 0; I Aldress 0651 PFISTER DR :Ap®unp City ASPEN state 15---1 Zip 81611 Pemlit Information Master permit I Routing queue Iaslu07 .Applied ~1218:2014 Project I Stdtlm pending Approved Descripbon APPLICATION FOR ELI,iAN RESIDENCE - RESIDENTWL DESIGN VARIANCE Issued CloEd,lfinal Submitted IERIC WESTERMAN BILL POSS ~ Clock ~EU~| Days F--i| *res ~12'11)2015 | 07,·ner Last name Illl TRUST DSZ TRUST First name STEVE ZELMAN 3333 RICHMOND RD Address BEACHWOOD OH 44122 E Owner is applicant? E Contradoris applicant? Lat name EELMAN 13333 RICHMOND RD Ar* name SIEVE 1340 z Phone 6212] 993-5814 | ast # I29961 | Addrem ICI FVFI AND 011 44122 Lender Last name Fir5t name 1 phone{ } Address 1 I ipi il-, ild'd p' p' fngeles ~ 1 of 1 .: - '1 2 cl'LUCS 22-5 ·00 Ba-JA * 104-% *r I D 4-6 2 -1 k '3076 2 3 $ P. 1,3 62 -fee · 1,£1- Ads Close-ch li o 0&~.491~§2,1D ~ se,ON '10!no' 1 5-09100111 1 DC)88 201 4 · A5£_U , -r i 5, .- , ACHMENT 2 -LAND USEAPPLIC . ION 4 Zvt, w 6 Pl¥)JECT: DEC 1 7 2014 4 Name: 2 5(Ji AN 04/ DFNLE 7/·. F '.1 4 4, 1. Location: 66 1 FF! s TE B- PFIVE 401- 43 ,4!APa>Al C.FEEK-' alog . AWN z. Bi6it (Indicate street address, lot & btock number. legal description where appropriafte) Parcel ID # (REQUIRED) 2*35 /1 2.01 04¥3 APPLICANT: Name: 16:Z 'TAt·t + IL.Z. Tfus< Address: 39340 6 WeepLA+ID Fl) r (467 8% FAUG . 41 49022- Phone #: 940 - 923 - 30 38 REPRESENTATIVE: Nanie: 68· l *012- Address: 20 5·uN561- PE · UNI 1- 1 , SASALT, (0 8/62.1 Phone #: 9:10 - 1 23 -3083 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream D Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review E Lot Split U Small Lodge Conversion/ Expansion 0~ Residential Design Variance E Lot Line Adjustment U Other: ~1 Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) PROPOSAL: (description ofproposed buildings. uses. modifications, etc.) 004 *revt¥10,0 of NE.J ¢66 1 DENG E ON VA £ ANT , of Ar- ht*coe.) evaw aos. Have you attached the following? FEES DUE: $ &50 ~ Pre-Application Conference Summary Attachment #1. Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4. Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part ofthe application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. mmmm To apply, submit 2 copies of the fo ng information: Il Completed Land Use Application. Il Signed fee agreement. U Signed HOA consent letter Il Total deposit for review of the application. Il Pre-application Conference Summary. Il 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. 0 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. D 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. D Existing and proposed plans and elevations with floor area calculations. Il Proposed site plan with surrounding context. m An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. 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, 2 Dose. 20/4. A-SLU .. Agreement to Pay Application Fees DEC j 2 7'148 An agreement between the City of Aspen Q"City") and CjTY oF property IL.2 7765 + 3,4€,·C 'Jll':1 11 Phone No. : t o. i l) act 2 + 5-F,74 XMh,?A.iN'Tf Df. ft'-~"MEN /1... owner C i j. A 52 -I r ket rloAe,/ I t ~ 19 < i 1 Email: 5-te oe 07-,e \ 81 an *.5-r,>r.; Ad.6.0,1 Address of , . i Billing -7-, s , A. Property: Loh. 43 Ac,roon Crekllu,b Address: ' 12'3 K·(1,40.461 )964 11?O o (subject of 65- 1 P fi rtf. r 04&16 (sendbills here) l*tr<, Les) 2 1/ 1 017 44/20· application) A 1-fi' A , CO Fri El i I understand that the City has adopted, via Ordjnance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 $ fiat fee for - , $. flat fee for Select Dept 0 Select Dept $ 0 flat fee for Select Dept 650 Flat Fee 4 (RDS, Mir $ flat fee for . For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved jn processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is jmpracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated, $ 450 deposit for 8. hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for ~ hours of Engineering Department staff time, Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name~L LH,l Ze 1,46 A Title: 1 r= l# 9-ke o F' D 57_--Tr· (44 City Use: 650 Fees Due: $ Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 OVER TOPO 4 poss ARCHITECTURE + PLANNING B (E) - «fuif-·-9 4(1-1- -----31-0--0 _ VERTiCALWOODGIDING- - - --L-- ---1- HEIGHT --192 /0430.# & - - {Ric__ DVER - |A DOUNSPOUT'W' ~ , 1 --.----- HE/G,fr - s#-- U 4,42 (MIDPOINr 1 -\ UJ GUTTERGAND - - - - W .0. 444 605 [ACT -I' S'REE- ASPE' %DO 11611 1 11 ' .1 I - DOWN..UTS 'I 1~11 1 1 111 11 111 - - - V 11 C ..11'.1 EXISHNG GRADE 11- J 1 T.O. PLYWOOD @ UPPER LEVEL Il '1'11 ··· '; "M"-Tir==·=1@1 'll~L~ 1 PR OPOS ED GRADE - ---------------------- COLUMNS PER STRUCT. * -- -=-- -+2- #: --- I 111" 44 11 -111111@ Im 111// 0 · 71 1 0 N - STEEL RAN % - |E'·=L-OeFL~L_t:~-,=C_C~1=L:212~t~t-/MU -• i r T 100'-0· =83,093 USGS 4 T.O. CONCRETE © MAIN LEVEI / T O CONCRETE 43 1 OWFR LEVEL F l 88' - 0 b . Itor - 05 [6 3014 10% · I[> P[ LAM: 0606 Doll 7.'\·DIP!/Abl TO. COIIC. O BASEMENT 06 10 1014 too'N, 1,1, 11 Mbi· ----------...-.--------- 76'- 0 07.25 20[4 Pl« H ,]41» 0806 2014 , Alt, I·[NAL M 'BMI[TAI CL'oN roll P! I.kin / 24 2014 PKI' ING.1 Pl /MII COMMI N b 01 SOUTH EXTERIOR ELEVATION il, \ / SCALE 1/8· = 1'-0 0 . 66' - 0· 39· - 0· - HEIGHT OVER TOPO @ 33'-0· MAX (RIDGES) --- ZELMAN RESIDENCE HEIGHT OVER TOPD @ 28'.0· MAX | (MIDPOINTS) - CHIMNEYCAP 1 -------------------- 4-- ---------- /1- ------ - ~~ HEIGHT PER CODE ~ . g. /~ 651 PASTERDRIVE ASPENI COLORADO 81611 to 7 1 /55*~ 12 A ZE. ~~______.__~_~ ~TOPIYWOOD©lJPPERIFVr unsm.W C».i~~d~»do»ds»dj]F«Mlia,Gil , 112'-0 11[. % ~-'-- ~-e~2~~12~*6e»»eeh~~ -FlimVE R PEI lEi .EE, IEE | li I /1 -' 1/ tPO-•==-======.4 PROPOSEDGRADE - .i·- ·~-- 1-·%=g·-9 ··»6---C:=q-T--T -~.- -I-#= + pi·-1-.m-1- · 1-=h;r-~- ~"»»~I»t' ~ ~ 2 1 T.O. CONCRETE @ MAIN LEVEL tel =27· 7 100' -0 =8093 USGS EXISTING GRADE - 1-----------------------------~i- L____ --- --- STEELCOLUMNS PER STRUCT. STEELCOLUMN PERSTRUCT. PROJECT NC 21348.00 SHEET TITLE EXTERIOR ELEVATIONS * rij WEST EXTERIOR ELEVATION Z202 £SIKEIS.10 0 2014 .P.. p... ... Ii'll ' '. I. 'I I /%' 4 Al. I · 1 V' 1 1.-'%·· I 1 ~1-' * . .1 ./4 1, ..- . - ·/ .- H 2.,1. I · 4 ·· .' W,IN A. -Il- I' '/-· ~-· • /4. ' .96£ ~'4-0TM€RETJ 12/15/201412 346PM poss ARCHI }ECIURI· + PIANNING December 15, 2014 Chris Bendon Community Development Director City of Aspen 130 South Galena Street Aspen, Colorado, 81611 Re: Letter of representation - Maroon Creek Club Lot 43 - 651 Pfister Drive Dear Chris, Please accept this letter as my permission to allow the following: Kim Weil + Eric Westerman + other representatives of Poss Architecture + Planning 605 East Main Street Aspen, Colorado, 81611 970-025-4755 To act on my behalf for the Residential Design Standards variance review application and approval process for the project referenced below. The property in question is described as follows: Physical Address: 651 Pfister Drive, Aspen, Colorado, 81611 Subdivision: Maroon Creek Club Lot 43 Parcel ID Number: 2735112090443 Owner: DSZ Trust and ILZ Trust 35850 South Woodland Road Chagrin Falls, OH 44022 Sincerelv, 4« 1%,4 Zelman)TP Inil-2 8 1. U~ 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2950 WWW.BILLPOSS.COM COMMUNITY DEVELOPMENT DEPARTMENT .. 1 1 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the Droperly owner or Attorney representing the propertv owner. Property Name: IC.2 -1-r 6,3. \- 3 AU D-~IC'fll 1 Gaci 052 TPAL+ 2,44'1 11~-61~11 Owner ("ID: Email: Phone No.: 54< i)€ fb-2.6~ /4,·,·AAA .; 50<-,1~:Ally, co r.n. (J- il) (31(313 - '794 4 Address of Property: .00 43, 84 roon, Creek (34 a[E54 45- 1 pus·are r br:Ue , A frA j (ID Full I certify as follows: (pick one) C] This property is not subject to a homeowners association or other form of private covenant. U This properly is subject to a homeowners association or private covenant and the submission of this land use application does not require approval by the homeowners association or covenant beneficiary. W This properly is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this docum~nt ~a p~[i~ document. Owner signature: 69©0 V date: 11 ~ \6~ 101(~ - V Owner printed name: T,-,1 Ze\PA,> A Tr 6.Aee, 3 Fi DS E Tr (454 6-3CE 1% · 17'.1 DEC 1 7 7!114 or, Attorney signature: date: CITY O s , 1.- 1 COMMUNITY DE\'hi · 'h~,ME:~T Attorney printed name: October, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 CITY OF ASPEN Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00037623 Account Number:29957 Date: 12/18/2014 Applicant: STEVE ZELMAN Type: check # 1046&1048 Permit Number Fee Description Amount 0088.2014.ASLU Planning Hourly Fees 650.00 Total: $650.00 2 dz- s ..~c 325- 00 (ic:ucw ~OSS ARCHITECTURE+PLANNING 'icl,C'VErt TRANSMITTAL LETTER DEC 1 7 2014 CITY OF ASPEN COMMUNITY DEVELOPMEN; To: Chris Bendon December 17,2014 Community Development Director City of Aspen 970-429-2765 chris.bendon@cityofaspen.com From: Poss Architecture and Planning Kim Weil, Eric Westerman Re: 651 Pfister Drive Attached are two (2) copies of the Land Use Application and supporting documents for Residential Design Standard Variances. .~4 4 rG W- #Fic We'*8¢3,14*N 2(A;est€Ol'46(2, 6.11 r>99· loAA 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2950 WWW.BILLPOSS.COM 00 98 0014·As LLA CITY OF ASPEN rRE-APPLICATION CONFERENCE SUMM.a i 4 1 1 PLANNER: ' Chris Bendon, 429.2765 DATE: 12.12.14 DEC 1 7 2014 PROJECT: 651 Pfister Drive REPRESENTATIVE: Kim Weil, Poss Associates CITY OF ASPEN REQUEST: Residential Design Standard (RDS) Variances CO'VM! INrn/ n f DESCRIPTION: The applicant plans to construct a new residence on a vacant lot within the Maroon Creek Club. The lot is located on a private road. The project is seeking variances from the City's Residential Design Standards - B.1.b-garage doors; D.1.a- Entry Door; D.3.a Windows 9-12. Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20use%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards 26.575.020 Calculations and Measurements Review by: Community Development for determination of completeness Public Hearing: Not required, unless P&Z review is deemed necessary Planning Fees: $650 flat fee for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour. Total Deposit: $650 1 CITY OF AsPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City ofAspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy. Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.coin, City Departments. City Clerk. Municipal Code. and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review ofthe Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package. we suggest that you contact the staff member assigned to your case or consult the applicable sections ofthe Aspen Land Use Regulations. COMMUNITY DEVELOPMENT DEPARTMENT .. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January, 2013 City ofAspen I 130 S. Galena St. I (970) 920-5090 do 08 ·Zol4·A5LU f- 4 NA,6 1 ·LOCE.tv 12 ; ''' ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM DEC 1 7 7014 1 , Proj ect: G9I Ff\*TEe- DB\VE CITY,ni: ASPEN 449* Applicant: DG Z T ¢.v 41- f ; 1-1 r g.u 4 r Location: 651 FFI*TE, DQI,6 , Wwoop 62€EK UPS 601' 413 , ASPEN.Co glf.ll Zone District: A#8AL %:€5/DCNTI AL 1 ACC Pub Lot Size: 3. 064 Acg€6 Lot Area: 8.66 4 4-c TES (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: R /A Proposed: N/A Number of residential units: Existing: MIA Proposed: Number of bedrooms: Existing.- N/A Proposed: Proposed %of demolition (Historic properties only): N/A-NEw CONST-Fv crt D A DIMENSIONS: Floor Area: Existing: NIA Allowable: \0,000 Proposed: 9,ie)1. Principal bldg. height: Existing: Allo-wable: 31'ot)" Proposed: 3\' ·5' Access. bldg. height: Existing: Allowable: N/A Proposed: N/Pr On-Site parking: Existing: Required: 2 Proposed.- 3 % Site coverage: Existing: Required: N/A Proposed: N lA % Open Space: Existing: Required: TA / A Proposed: NIA Front Setback: Existing: Required: PEK- ¥641- Proposed: PEA FLAT Rear Setback: Existing.~_ Required:VE¥- Plkr Proposed:WF 94Kf Combined F/R: Existijig Required: 14 1 A - Proposed: M < A - Side Setback: Existing: Required:%¢- PLA 1 Proposed:?€ R FLA 1- Side Setback: Existing: Required: ?€* ?Lkf Proposed: TE¢· FLA f Combined Sides: Existing: Required: F / A Proposed: ta / A Distance Between Existing Required: 14 / A Proposed: N ~ A Buildings Existing non-conformities or encroachments: 10 /A - p Eld (41 9-re U (11 0 N Variations requested: 9 0.641DZ.NfIArt r)1541*N 44*NDA·%84. ME 411 *01+ED ME,Al,0 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX October 8, 2013 1LZ TRUST DATED 12/19/12 AND DSZ TRUST DATED It/29/12 C/O LENNIE OATES, OATES, KNEZEV]CH, GARDENSWARTZ ASPEN, CO 81611 RE: PCT23778W4 -- LOT 43, MAROON CREEK CLUB Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form: 110.1 Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. !f you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you ver-y much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, f /1[~- Kim Shultz Enclosures: Original Policy 3 -7 7, 5-0 4 RECEPTION#: 602456, 08/12/2013 at 04:28:08 PM, 1 OF 5, R $31.00 DF $377.50 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO SPACE ABOVE THIS LINE FOR RECORDER'S USE GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated as ofAugust 12,2013, between LOT 43 MC, LLC, a Colorado limited liability company ("Grantor"), whose address is 201 South College St., Ste. 1450, Charlotte, NC 28244, and DSZ Trust dated November 29,2012, and ILZ Trust dated December 19, 2012 (together "Grantee"), whose address is 35850 South Woodland Road, Moreland Hills, OH 44022. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars (£ 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, aIl of the following described real property in the County of Pitkin, State of Colorado, together with all rights, privileges and easements appurtenant thereto and all improvements located thereon (collectively, the "Property"): See Exhibit A attached hereto, TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appeMaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Propeny, with the hered itaments and appurt enances. TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns forever. AND Grantor, for itself, and its successors and assigns, covenants and agrees that it shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns against all and every person or persons who lawfully claims the Property or any part thereof, subject to the matters set forth on Exhibit B attached hereto and made apart hereof. . r e -. c. 1 1 ; · i. 9 r.t·,-mi I FAND [remainder ofpage intentionally blank] DATE FIP J.,A LATE REP NO. El /3-/2 3> KI-W- 9-9 /6 8, 9(27(3 LL.*Cr Lhol'T (40026 141:2} , WESTCOR POLICY NO, OP-6-CO1045-3296758 < . ALTA OWNER'S POLICY (6-17-06) WESTCOR LAND ISSUED BY TITLE INSURANCE COMPANY & OWNER'S POLICY OF TITLE INSURANCE i Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 t of the Conditions. COVERED RISKS R ' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE N CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and. to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance. sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to ! insurance against loss from (a) A defect in the Title caused by ~ (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation, (ii) failure o f any person or Entity to have authorized a trails fer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, 1|i notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized I~ by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure k to perform those acts by electronic means authorized by law; or 1 I (vii) a defective judicial or administrative proceeding. 1 f t (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority 1 due or payable, but unpaid. 3 (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the 1 Title that would be disclosed by an accurate and complete land survey of the Land. The term 4 "encroachment" includes encroachments ofexisting improvements located on the Land onto adjoining Il land, and encroachments onto the Land of existing improvements located on adjoining land. } 3. Unmarketable Title. COVERED RISKS Continued on next page 1 IN WITNESS WHEREOF, WESTCOR LANI) TITLE INSU RANCE COMPANY has caused this policy Il j to be signed and sealed as of the Date of Policy shown in Schedule A, 5 j Issued By: WESTCOR LAND TITLE INSURANCE COMPANY 11 CO1045 * PCT23778W Pitkin County Title Inc. Agml14 By: /49« a 614<4 601 E. Hopkins #3 4¥/ Fwitcor ~4 E Lar,8 1-de 1 c= | 0 hresident Aspen, CO 81611 eu=; /0 27 n 10 9'*199360 Attest: ' Secretary i (WLTIC Edition 2-25-08) OP-6 ALTA 6-17-D6 Owner's P.:liey 4. No right of access to and from the Land. 5. The violation or enforcement ofany law, ordinance: permit, or governmental regulation (including those relating , to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part ofthe Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent ofthe enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice ofthe exercise, describing any part ofthe Land, is recorded in the Public Records. 8. Any taking by a governmental bodythathas oceurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alt;ernative remedy, of a transfer of all or ally part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer iii the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- ofthis policy, und the Company will not pay loss or damage, costs, cords at Date of Policy, but Known to the Insured Claimant attorneys' fees, or expenses thal arise by reason of. and not disclosed in writing to the Company by tlic Insured Claimant prior to the date the Insured Claimant became an 1. (a) Any law, ordinance. pennil, or governmental regulation Insured under this policy; (including those relating to building and zoning) restricting, regulating. prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided Litider (ii) the character. dimensions, or location of any improve- Covered Risk 9 and 10); or ment erected on the Land; (e) resulting in loss or damage that would not have beeii (iii)the subdivision of land; or sustained if the Insured Claimant had paid value for the (iv) environmental protection; or the effect ofany violation Title. ofthese laws, ordinances, or governmental regulations. This Exclusion Ha) does not niodify or limit tile cover- 4. Any claim, by reason ofthe operation o ffederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction age provided under Covered Risk 5. vesting the Title as shown in Schedule A, is (b) Any governmental policepower. This Exclusion 1(b) docs (a) a fraudulent conveyance or fraudulent transfer; or not modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 2. Rights ofeminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title forrealestate taxes or assessments imposed by governmental authority and created or attaching between 3. Defects. liens, encumbrances, adverse claims. or-other mal- Date of Policy and the date of recording of the decd or other ters instrument of transfer in the Public Records that vests Title as (a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A Claimant; CONDITIONS AND STIPULATM)NS 1 4 1. DEFINITION OFTERMS without Knowledge. With respect to Covered Risk 5(d), "Public Records' shall also include environmental protection liens fi led The following terms when used in this policy mean: in the records of the cierk of the United States District Court (a) 'Amount of Insurance": The amount stated in Schedule A, as for the district where the Land is located. may be increased or decreased by endorsement to this policy. increased by Section 8(b), or decreased by Sections 10 and 11 (j) "hile : I he estate or interest described in Schedule A. of these Conditions. (k) "Unmarketable Title": Title affected by an alleged or apparent matter thal would pennit a prospective purchaser or lessee of (b) "Date of Policy"· The date designated as "Date of Policy" in the Title or lenderon the Title to be released from the obligation Schedule A. to purchase, lease, or lend if there is a contractual condition (c) "Entity"· A corporation, partnership, trust, limited liability requiring the delivery of marketable title. company. or other similar legal entity. 2. CONTINUATION OF INSURANCE (d) "insured": The Insured named in Schedule A. The coverage of this policy shall continue in force as of Date of (i) The tenn "Insured"also inchides Policy in favor of an Insured, but only so long as the insured retains (A) successors to the Title of the Insured by operation of an estate or interest in the Land, or holds an obligation secured by a law as distinguished from purchase. including heirs, purchase money Mongage given by a purchaser from the Insured, devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason of war- ofkin; rantiesin any transferorconveyance of the Title. Thispolicy shall (B) successors to an Insured by dissolution, merger, con- not continue in force in favor ofany purchaser from the insured solidation, distribution, or reorganization; of either (i) an estate or interest in the Land, or (ii) an obligation (C) successors to an Insured by its conversion to another secured by a purchase money Mortgage given to the Insured. kind of Entity: 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed delivered without CLAIMANT payment of actual valuable consideration conveying The Insured shall notify the Company promptly in writing (i) in the Title case of any litigation as set forth in Section 5(a) of these Condi- (1) if the stock, shares, inernberships, or other cquity lions, (il) in case Knowledge shall come toan Insured het·eunderof interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title, as insured, named insured, and thal might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title. as insured, is (2) if the grantee wholly owns the iiamed Insured, rejected as Unmarketable Title. If the Company is prejudiced by (3) if the grantee is wholly-owned by an affiliated the failure of the insured Claimant to provide prompt notice, the Entity oftlie named Insured, provided the affiliated Company's liability to the Insured Claimant under tile policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice. owned by the same person or Entity, or 4. PROOFOFLOSS (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the In the event the Company is unable to determine the amount of loss Insured named in Schedule A for estate planning or damage, the Company may, at its option, require as a condition purposes. ofpaymerit that the insured Claimant furnish a signed proofofloss. The proof of loss must describe the defect, lien, encumbrance, or (ii) With regard to (A). (B), (C), and (D) reserving. however, all other matter insured against by this policy that constitutes the basis rights and defenses as to any successor that the Company of loss or damage and shall state, to the extent possible, the basis would have had against any predecessor Insured. of calculating the amount of the loss or daniage (e) -'Insured Claimant": An Insured claiming loss or damage. 5. DEFENSE AND PROSECUTION OFACTIONS (f) "Knowledge" or "Known": Actual knowledge. not construe- live knowledge or notice that may be imputed to an Insured by (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party (g) "Land": The land described iii Schedule A. and athxed improve- asserts a claim covered by this policy adverse to the insured. ments that by law constitute real property The tenn "Land" This obligation is limited to only those stated causes of action docs not include any property beyond the lines of the areai alleging matters insured against by this policy. The Company described in Schedule A, nor any right, title, interest, estate, or shall have the right to select counsel of its choice (subject to the easeinent in abutting streets. roads, avenues, alleys, lanes. ways, right of the Insured to object for reasonable cause) to represent or waterways, bill this does not modify or limit the extent that a the insured as to those stated causes of action. it shall not be right of access to and from the Land is insured by this policy. liable for and will not pay the fees ofany other counsel. The (h) "Mortgage"· Mortgage, deed of trust, trust deed, or other secu- Company will not pay any fees, costs, or expenses incurred by rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action that allege authorized by law. matters not insured against by this policy, (i) "Public Records": Records established under state statutes at (b) The Company shall have the right, in addition to the options Date of Policy for the purpose of imparting constructive notice contained in Section 7 of these Conditions, at its own cost, to of matters relating to real property to purchasers for value and institute and prosecute any action or proceeding or (o do any other act that in its opinion may be necessary or desirable to CONDITIONS AND ST[PULATIONS -CONTINUED ' i establish the Title, as insured, or to prevent or reduce loss or policy together with any costs. attorneys' fees, and expenses in- damage to the Insured. The Company may take any appropri- curred by the Insured Claimant that were authorized by the Corn- ate action under the terms of this policy, whether or not it shall pany up to the lime of payinent or tender of payment and that the be liable to tile Insured. The exercise of these rights shall not Company is obligated lo pay. be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this options all liability and policy. If the Company exercises its rights under this subsec- obligations of the Company to the Insured under this policy, other lion. it must do so diligently. than to make the payment required in this subsection, shall termi- (c) Whenever the Company brings an action or asserts a defense as nate, including any liability or obligation to defend, prosecute, or required or permitted by this policy, the Company may pursue continue any litigation. the litigation to a final determination by a court of competed (b) To Pay or Othenvise Settle With Parties Other Than the Insured jurisdiction. and it expressly reserves the right, in its sole dis- or With the Insured Claimant. cretion, to appeal any adverse judgment or order. (i) To pay or otherwise settle with other parties for or in the 6. DUTY OF INSURED CLAIMANT TO COOPERATE name of an insured Claimant any claim insured against under this policy. In addition, the Company will pay any (a) In all cases wherethis policy permits or requires the Companyto costs, attorneys' fees. and expenses incurred by the insured prosecute or provide for the defense of any action or proceeding Claimant that were authorized by the Company up to the and any appeals, the Insured shall secure to the Company the time of payment and that the Company is obligated to pay: right to so prosecute or provide defense in the action or pro- or ceeding, including the right to use, at its option. the name of the Insured for this purpose. Whenever requested by the Company, (ii) To pay or otherwise settle with the Insured Claimant the the Insured, at the Company's expense, shall give the Company loss or dainage provided for under this policy, together with all reasonable aid (i) in securing evidence, obtaining witnesses, any costs, attorneys' fees, and expenses incurred by the prosecuting or defending the action or proceeding, or effecting Insured Claimant that were authorized by the Company tip settlement, and (ii) in any other lawful act that in the opinion to the time of payment and that the Company is obligated of the Company may be necessary or desirable to establish to pay. the Title or any other matter as insured. If the Company is Upon the exercise by the Company of eitherofthe options provided prejudiced by the failure of the Insured to furnish the required for in subsections (b)(i) or (ii), the Company's obligations to the cooperation, the Company's obligations to the Insured under Insured linder this policy for the claimed loss or damage, other the policy shall tenninate, including any liability or obligation than the payments required to be made, shall terminate, including to defend. prosecute, or continue any litigation, with regard to any liability or obligation to defend, prosecute, or continue any the inatter or matters requiring such cooperation. litigation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- 8. DETERMINATION AND EXTENT OF LIABILITY live of the Company and to produce for examination, inspection. This policy is a contract of indemnity against actual monetary loss and copying, at siich reasonable times and places as may be or damage sustained or incuned by the Insured Claimant who has designated by the authorized representative of the Company, suffered loss or damage by reason of matters insured against by all records, in whatever medium maintained, including books, this policy. ledgers, checks. memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of Dat of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the (i) the Amount of I nsurance; or - Company, the insured Claimant shall grant its permission, in (ii) the difference between tile value of the Title as insured and writing, for any authorized representative of the Company to the value of the Title slibject to the risk insured against by examine, inspect, and copy all of these records in the custody or this policy. control o fa third party that reasonably pertain to the loss or dani- age. All information designated as confidential by the Insured (b) If the Coinpany pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as Claimant provided to the Company pursuant to this Section shall insured, not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. (i) the Amount of Insurance shall be increased by 10%, and Failure ofthe Insured Claimant to submit for examination under (ii) the Insured Claimant shall have the right to have the loss oath, produce any reasonably requested infonnation, or grant or damage determined either as of the date the claim was permission to secure reasonably necessary information from niade by the Insured Claimant or as of the date it ts settled third parties as required in this subsection, unless prohibited by and paid. law or governmental regulation, sliall terminate any liability of (c) In addition totheextent ofliability under (a) and (b), the Com- the Company under this policy as to that claim, pany will also pay those costs, attorneys' fees, and expenses 7. OPTIONS TO PAY OR OTHERWISE SETTLE incurred in accordance with Sections 5 and 7 of these3 Condi- CLAIMS: TERMINATION OF LIABILITY lions. In case of a claim under this policy, the Company shall have the 9. LIMITATION OF LIABILITY following additional options: (a) ff the Company establishes the Title, or removes the alleged (a) To Pay or Tender Payment of the Aniount of Insurance. de feet, lien. or encumbrance, or cures the lack of a right ofac- To pay or tender payment of the Amount o f Insurance under this cess to or from the Land, or cures tile claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any no joinder or consolidation with claims or controversies of other method, including litigation and the completion ofany appeals. bersons. Arbitrable matters may include, but are not limited to, it shall have fully performed its obligations with respect to that any controversy or claim between the Company and the Insured matter and shall not be liable for any loss or damage caused to arising out of or relating to this policy, any service in connection the Insured. with its issuance or the breach of a policy provision, or to any other (b) In the event of any litigation, including litigation by the Com- controversy or claim arising out of the transaction giving rise to pany or with the Company's consent, the Company shall have this policy. All arbitrable inatters when the Amount of Insurance no liability for loss or damage until there has been a final deter- is $2,000,000 or less shall be arbitrated at the option of either the mination by a court of competent jurisdiction. and disposition Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of S2.000,000 shall be arbitrated only of all appeals. adverse to the Title, as insured. when agreed to by both the Company and the Insured. Arbitration (c) The Company shall not be liable for loss or damage to the pursuant to this policy and Linder the Rules shall be binding upon Insured for liability voluntarily assumed by the Insured in set- the parties. Judgmentlipon the award rendered by the Arbitratoils) tling any claim or suit without the prior written consent of the may be entered in any court ofcompetentjurisdiction. Company. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 10. REDUCTION OF INSURANCE; REDUCTION OR ENTIRE CONTRACT TERMINATION OF LIABILITY (a) This policy together with all endorsements, if any. attached to All payments under this policy. except payments macie for costs, it by the Company is the entire policy and contract between the attorneys' fees, and expenses, shall reduce the Amount of Insurance Insured and the Company, Ininterpreting any provisionofthis by the amount of the payment. policy, this policy shall be construed as a whole. 11. LIABILITY NONCUMULATIVE (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted The Amount of Insurance shall be reduced by any amount the to this policy. Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, (c) Any amendment of or endorsement to this policy must be in assumed, or taken subject, or which is executed by an Insured after writing and authenticated by an authorized person, or expressly Date of Policy and which is a charge or lien on the Title. and the incorporated by Schedule A of this policy. ainount so paid shall be deemed a payment to the Insured under (d) Each endorsement to this policy issued iii any time is made a this policy. part of this policy and is subject to ail of its terms and provi- 12. PAYMENT OF LOSS sions. Except as the endorsement expressly states. it does not (i) modify any of the ternis and provisions of the policy, (ii) When liability and the extent of loss or daniage have been definitely modify any prior endorsement, (iii) extend the Date of Policy. fixed iii accordance with these Conditions, the payment shall be or (iv) increase the Amount of Insurance. made within 30 days. 16. SEVERABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT In the event any provision of this policy, in whole or in part. is held invalid or unenforceable under applicable law, the policv shall be (a) Whenever {he Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy. il shall be subrogated and entitled to the but all other provisions shall remain in full force and effect. rights of the Insured Claimant in the Title anc] all other rights and remedies in respect to the claim that the Insured Claimant 17. CHOICE OF LAW; FORUM has against any person or property, to the extent of the amount (a) Choice of Law: The insured acknowledges the Company has of any loss, costs, attorneys' fees, and expenses paid by the undenvritten the risks covered by this policy and detennined Company. Ifrequesled by the Company, the Insured Claimant thepremium charged therefor in reliance upon the law affecting shall execute documents to evidence the transfer to the Coin- interests in real property and applicable to the interpretation, pany o f these rights and remedies. The Insured Claimant shall rights, remedies. or enforcement of policies of title insurance permit the Company to site, compromise, or settle in the name of the jurisdiction where the Land is located. of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights Therefore. the court or an arbitrator shall apply the law ofthe and remedies. jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to If a payment on account of a claim does not fully cover the loss interpret and enforce the tenns ofthis policy. In neither case of the Insured Claimant, the Company shall defer the exercise shall the court or arbitrator apply its conflicts of law principles of its right to recover until after the Insured Claimant shall have to detennine the applicable law. recovered its loss. (b) Choice of Forum: Any litigation or other proceeding brought (b) The Company's right of subrogation includes the rights of the by the liisured against the Company must be filed only in a Insured to indemnilies. guaranties, other policies of insurance, state or federal court within the United States ofAnierica or its or bonds, notwithstanding any terms or conditions contained territories having appropriate jurisdiction. in those instruments that address subrogation rights. 18. NOTICES, WHERE SENT 14. ARBITRATION Any notice of claim and any other notice or statement in writing Either the Company or the Insured may demand that the claim or required to be given to the Company under this poiicy must be controversy shall be submitted to arbitration pursuant to the Title given to tlic Company at: Westcor Land Title Insurance Company, Insurance Arbitration Rules of the American Land Title Associa- Attn.: Claims, 201 N. New York Ave., Ste. 200, Winter Park, lion ("Rules"). Except as provided in the Rules, there shall be Florida 32789. ALTA OWNER'S POLICY (6-17-06) WESTCOR LAND TITLE INSUItANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 201 N. New York Avenue, Suite 200 ~ Winter Park, Florida 32789 Telephone: (407) 629-5842 i :i Owner's Policy of Tiue Insurance - Schedul= A Issued by 4 t Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 651 PFISTER DRIVE, ASPEN, CO 81611 File No. PCT23778W4 Policy No.: OP-6-CO1045-3296758 Amount of Insurance: $3,775,000.00 Premium: S 6,612.00 Date of Policy: August 12, 2013 @ 4:29 PM Simultaneous #: N/A Reinsurance #:13-735 1. Name of Insured: DSZ TRUST DATED NOVEMBER 29, 2012 AND ILZ TRUST DATED DECEMBER 19, 2012 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: DSZ TRUST DATED NOVEMBER 29, 2012 AND ILZ TRUST DATED DECEMBER 19, 2012 4. The Land referred to in this policy is described as follows: LOT 43, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. Issued By Authorized Signatory SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23778W4 August 12, 2013@4:29 PM OP-6-CO1045-3296758 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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 which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2013 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded August 26, 1911 in Book 55 at Pages 189 and 191, (view) 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17,1994 in Book 742 at Page 117 and 121 and Annexation Plat recorded February 6, 1997 in Plat Book 41 at Page 77. (view3 11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. (view) 12. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 608. (view) (Continued) , POLICY NO. OP-6-CO1045-3296758 CASE NO. PCT23778W4 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 13. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104 and Development Order amending Final Plat Resolution recorded January 7, 2011 as Reception No. 576600. (view) 14. Avigation Easement granted to Pitkin County recorded November 12, 1993 in Book 730 at Page 690. (view) 15. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group Il, Limited Liability Company, a Utah Limited Liability Company, recorded November 15,1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15,1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 and First Amendment thereto recorded October 17, 1997 as Reception No. 409559. (view) 16. Terms, conditions, provisions and obligations as set for-th in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11,1994 in Book 755 at Page 55. (view) 17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28: 1985 in Book 791 at Page 821 as Resolution No. 95-128. (view) 18. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 34, Series of 1996 by City Council of the City of Aspen recorded February 1, 1997 as Reception No. 401985, Ordinance No. 33, Series of 1996 by Aspen City Council recorded February 21, 1997 as Reception No. 401986 and Ordinance No. 40, Series of 1996 recorded April 8, 1997 as Reception No. 403224. (view) 19. Terms, conditions, provisions and obligations as set forth in Grant of Easement to Comcast of Colorado/Florida - Inc. recorded November 3,2008 as Reception No. 553987 (view) 20. Terms, conditions, provisions and obligations as set forth in Notice of Approval for an Insubstantial PUD Amendment recorded February 29, 2012 as Reception No. 587075 (view) 21. Encroachment of landscaping on Northwest Corner of Lot as disclosed by Survey of Stephen L. Ehlers dated June 26, 2013 as Job No. 2001-242.004. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). 1State: CO County: PITKIN I Agent Numb O1045 Order Number-PCT23778*41 CLTA FORM 110.1 1 , DELETION OF ITEM FROM POLICY Attached to and forming a part of Policy No. OP-6-CO1045-3296758 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under paragraph number 5 (Water Rights). This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of - this endorsement, this endorsement controls. Otherwise, this endorsement is subject to al! of the terms and provisions of the policy and of any prior endorsements. 1 Dated August 12, 2013 Authorized Signatory Legend and Notes:' Legend - Improvement Suruey Plait - o indicates found monument os described ~ Found #5 Rebor and Plastic Cap - Bearings ore based upon o #5 rebor and #fegmje red ptostic cop found Marked L S 20133 Lot 43, Maroon Creek Club Sub division cold P. U.D. at an ongle point on the easteriy line of Lot 40, and o PK na# and illegible wosher found at the eosterly corner of Lot 39. using 0 PVC a bearmg of S 60'03'20- E between the two described monuments. ~ Electne list emer According to the plat thereof recorded in Plat Book 33 at Page 4. - 7his property is subject to apparent easements for existing utilities. - This survey does not represent c tme search by this surveyor to determine ~ Telephone Pedestal ownership or to discover easements or other encumbronces of record, an * Aspen information pertaining to ownersh#). easements or other encumbrances of i Curb Inlet City of Aspen, County of Pitkin, State of Colorado. record has been token horn a tiue commitment issued by Westcor Land Title knsurance Company. ~c. dated July 26, 2013. Fne No. PCT23778W4. ~ Curb Se Nice - The unit of measurement used for this suney is the U.S. Surey Foot ~ Electric Meter =1-yE. Spruce - Thia Improvement Survey was perfanned in February. 2014. 9//LE•R / - This area le in Zone X (area outside of 500 year flood plain) per ® Sewer Manhola '2 ~N." e FIRM #08097CO203( dated June 04, 1987. - Due to snow cover at time of survey some improvements ond topographical features t The Land referred to in this Commitment dated Jury 26. 2013 is located in the may not be shown, some of the site detail hos been taken from previous surveys. GRAPHIC SCALE County of Pitkin, State of Colorado, and h more particularly described os follows Tre Box -*. aty of Aspen - This propeFty may be subject to apparent eosements for existing utilities. trails Ind ditches. ~ ~ , GPS-13 (NAVD 88) LOT 43, MAROON CREEK CLUB, as shown on the Flnd Subdivision Flat & PUD for- f - The property shown on this plat may be subject to the following United . Moroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Poge 4. ' States Patents I recorded in Book 55 at Page 191 ( IN FIET) / i.. \ ' - This property Is subject to reservations, restnetions covanants and eosements linch - 30 ft. e - 7his prupty /5 sub~ct to on ceation eosement ncorded h Book 730 ct S-159 (NAVD 88) This property is subject to the following exceptions per sold Title Commitment No. PC723778*4 , ; Li:CLI. or #7 p/oce or o. sho»77 on the obo- mentioned &70/ Plet. , ~l,70- CO of Aspen A ,/1 7. Right of the propnetor of a vein or lode to extroct or remon his ore therefrom, should ® - 777/s propdy /8 subject to a Ho/y Ch,ss Pench, Conduit and Fault Agreement " ' *,lit A , M 11 the same be found to penetrate or intersect the premises hereby granted as reserved m recorded in Book 755 at Page 55 United States Patents recorded August 26, 1911 in Book 55 at Pages 189 and 191. 8. Eosements, rights of way and IN matters as disclosed on Plot of subject property 1 - Binding envelopes cre as shown on the above- mentroned Finor Plat. . 0 / ..:11\ t~ 96'99% t (En velopes are not dimensioned on said Find Plat) . recorded November 15, 1993 in Plat Book 33 at Page 4 ond Amended Sheet 2 recorded 4./ I' 3 : March 31, 1994 in Mot Book 334 at Page 23 and Assignment of Plat to Moroon Creek Limited i U ~ - indiwtes dops of 0-20% (no hotaing) '''' ~ Liability Company recorded February 17, 1994 in Book 742 at Page 117 ond 121 ond .effi. ..ULA. Annexotion Plot recorded February 6. 1997 in Plat Book 41 ot Page 77. 1 1=&41=le E-1 - indicates slopes of 20%-30X (Dots) , nd 05 Rebar L==j 9. 7hose terms, cond/tions, prov,sions, obhgotions, easements. restrictions. assessments and ~ - Indicates stopes of 30% and greater (Dashed) .. 432.95' - & Cap 1-ked 6 matters as set forth in Mostor Dedorotion of Protective Covenants for Marc}on Creek Club LS20133 · recorded December 1 1993 in Book 733 at Poge 598 ond First Amendment thereto recorded 1 . ' 0:-Il Dectoront for Moroon Creek Club recorded May 11, 1994 in Book 750 ot Poge 242. Second A:4' - February 17, 1994 in Book 742 ot Page 83, Assignment and Designation of Successor ( Tee Bo>J Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and 4 le... Restoted Third Amendment thereto recorded July 26. 1994 in Book 756 at Page 597. Fourth / NO,934'733'·2 ~.9 Amendment thereto recorded Wly 26, 1994 as Reception No. 396947. dejeting therefrom any ' ' th onii/1 4 • ser, handic*, /bm#ia/ status or nati:no/ ong.h. . 1. 1 79» restrictions indicating preference. limitation or discrimination bosed on roce. cojor, religion. · Tee Box . improvements •greement recoded Novembar 12 1993 /77 Book 730 at page 608. . 10. Terms. conditions. prowsions. obligations and aj# matters cs set forth in Subdivision -- 11. Terms. conditions. prowsions, obhgotions ond oil matters os mt forth in Fino! Plot _ J\ ,/:at'.L. 4 .4 - -1 1 Resolution of the Board of County Commissioners recorded August 131 19933 in Book 721 at 77.95' ; \ 0 ~ ~ ~ ~~ «~~ 980°23'28'\2 , ' 0 2 Poge 245 os Resolutjon No. 93-104 and Development Order amending Find Plot Resolution recorded January 7, 2011 as Recepbon No 576600 Tee Bo¥.2 6<·, . 12 '40.57(tion Eosement vanted to P/t*#7 County reco,ded No,ember 12 1993 in Book 730 of U .. 9 -7- 9 I .-,aa/ Page 690. Itly ' ti · r U lk,ms; conditions. pmwhions ind ob/*afions of »ate· Senice Agn,ement between 77?e City I#,i :31<„ :1:&3 C.ti d:E~9 1.--1- .1..21. 1~~cp> Ho~5~ 1 4 %* 44> .\\ \\ 1\\ \\1 . of Adpar, end Pearce Equities Group /4 L#nited Ziab#/ty Compan* a Utah Lknited Ljab/7ify r 4. ·t *ad. . e Company. recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption .~1 5\\ 7@st Alt T F of Water Lease Agreement recorded November 15, 1993 in Book 730 ot Poge 865, Assignment and Assumption Agreement recorded Januory 7, 1994 in Book 737 ot Poge 899 .4 1 0 Page 191 and First Amendment thereto recorded October 17. 1997 as Reception No. 409559. .\.g 'ah £ g r, 5.ijit'- U A '- r.k\~.\ \\ \\ 4 f , \\ . \ 1 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at .Q 14. Terms, conditions, provisions and obligations as set forth M Trench, Conduit and Vault N . -ao \49 Agreement with HWY Cross Electric Association. ine.. recorded Judy 11. 1994 M Book 755 01 0 . I I . ... . Page 55 ~dar' \\ 4, at \\OCA-9-1-491323,/1\\\1 \' \\ 4\ 1\ \ '\ \ .0 1 1 ~ Rock Wa r e \t. «A\~ *~: r . rb -=*991 15. Terms. conditions, provisions, obligations ond d motters os set forth in Resolution of the Board of County Commissioners recorded August 28, 1985 in Book 791 at Poge 821 as - 4 »6,2 16. Terms, conditions, provisions. obngotions and d matters as set forth in Ordnance No. 34, giculiig\lovdtope=2 ~'i ' \f,· .- LS2m33 Se'- of 1996 by C/ty Counc# of the Oty of Amen reco,-ded famq 1. 1997 os Ree-tion L Cap Mark/d Resolution No. 95-128. :·-4 No. 4019°5. Ordincne No. 33, Serjes of t 996 by Aspen City Council ecorried Febni,·rv 21, i 1 1997 us --Jeption No. 401986 und UrdinL. e No. 40, Series of 1996 coded ·pri, 3. 897 as Reception No. 403224 P .1 10 17. Terms, conditions, provisions and obligations os set forth in Gront of Easement to i.4 1....4 1 0 1 1 001 -2 Comcast of Colorodo/Florida k. recorded November 3, 2008 os Reception No. 553987 _ . . __1 . %' 0 I j ' ' p' I' . ' /9#I 3.064 acres +/- 1 41 18. Terms, conditions, provisions and obligations cs set forth in Notice of Approvol for an 0% 3/0 4 \ t,· U 42.2 . I. I _-----t~.7 Fnet /5 Reb. Stephen L Ehlers dated June 26, 2013 os Job No. 2001-242.004. (Not a recorded document) insubstontid PUD Amendment recorded February 29. 2012 as Reception No. 587075 19. Encroachment of landicaping on Northwest Corner of Lot as disdosed by Survey of ~ t \12 ~· I L. 4 1.~\ 3 0% k P.i:IW-'ed cannot veril> due to snow co# X> t 7 \ slam™1~fEEM.zzl Nes> \ 1 526,97' \ 61 • 0.(5..A /EL ,/1 :=.6.24 , -·-.re·--2.XCA.,__ \\ ' , \ : \ \ 1, 0 \ i.\ \trk,5¢.9-1:1\111 %1\\ \ 44»-Durn \~ \\ \ \ A-ein,4/ Wa,p fft..7011,--9-=1>142.. =t,4 4 JEFFREY ALLEN TUTTLE, BONG A PROFESSONAL LAND SURVEYOR N THE STA,F-,COLORADO, m/S/MARD,EiVE]VT SLREY HAS PREPARE) /7?at AN ~me · ACnJAL MONUMENTED LAND SURVEY OF ™E PROPERTY CORNER MONUMENm 0. 2 *2*21-9.a? - ~ BO™ FOUND AND SET, UNDER MY DIRECT SUPERVISION AND CHECKING; ™AT IT - 4 4 IS CORRECT TO THE BEST OF UY BEUEF AND KNOMEDGE AND THAT ALL ' DIMENSIONS. BOTH UNEAR AND ANGULAR WERE DETERMINED BY AN ACCURATE f ..4, k CONTROL SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A UMIT /64.1 : 1 7, FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR OF 1 IN 1 5.000 (WHICH COUPLES WITH COLORADO PROFESSIONAL STANDARDS L 5' Rock Linecl Ditch ~e : * .. QI .,7 . P.' ALTA/ACSM LAND TITLE SURVEYS): 1 FURTHER CERTFY THAT THE IMPROVEMENTS 1 2. ?ve r: 2~ :~~ ~ti~~ ~ :g.t,;i~:-~, ~, t. ' Er " : : ~. 2 ,~#.~#S5~& ~~~, "~ ,~. 0¥ 77/E ABOVE DES'09/BED PARDEZ 04 77#S DAm; FERUARY 17 20,1 ExcEPT UnUTY CONNECTIONS, ARE ENnREY MTHIN THE BOUNDARIES OF THE PARCEL, r .... :.0 .2.2 ... . 'de.2 V.1 1 51 4,3 EXCEPT AS SHOWN AND THAT THERE E NO APPARENT EVIDENCE OR SIGN OF- tE ANY EASEMENT CROSGNG OR BURDENjNG ANY PART OF SAID PARCEL. EXCEPT 0 :Abt@?AVELA. \ 1 11 , I AS NOTED. 1 1. 14 4 P . ..sr# t'j· ..f, . £- CUR~. 1 ..··D "· 5 - ' 1 1 ; : t I •.. G•. I·: 7-»·,24.-,3- i . i>_1JJ lj~: ·~.0~~~'4.~~4~~~15~410-# i:+2'..7 1:-f 1 1, 1 ---rm ; :; ~~~· 5,='0 - - .I'421---.X€s:**,ARi-'ji JEFFREY ALLEN TUTTLE LS 33538 DATE CURVE TABLE li I .~ f.:24 - 7 Ap-4-i- 9,:- ,ff,i. f '.prEk: '8-xs <i,f~f-<44, .* CURVE RADIUS LENGTH TANGENT CHORD DIST. CHORD REAR'NG \~ DELTA %~ t.,· Lf ' 1 01 180.00 37.85 18.99 37.78 107'C)7'2~'E ~ 120232" ~ - -'.--'-t:,. 1.- ,~~:* '-:' 9,. 1. -'U· '.f,w 0-"- . 3'1*44. 4,4 .1 '· 3 41 61 .1 ·'r. . 0/1., Neette Pfister Drive TUTTLE SURVEYING SERVICES Accor.4 10 00'M. lau lou mul' comm-I Drown by~ DAfc any legal ac¢wn k,sid upon any defect tn 727 Blake Avenue ¢Au surv€y wathwl th-€ yeari g.fUr yau Date· 02/17/2014 >st d=wer Nuch «fect 1. w euent Tnav Glenwood Springs, Colorado 81601 uny legal achtnA k- up~. 0~V defect = * m-ey be commAcod mere than tm yeans (970) 928-9708 (FAX 947-9007) Intprovelnent Suy'dev Plat *m fhe late u l. cer'heat,a shoum Aspen, Colorado 81611 Z,\2014\W,R[DN CREEK hereen jeff@tss-us.com TUTTLE SURVEYING SERVICES C.JIB\-r-lot43.ch,g poss ARCHITECTURE + PLANNING 1 / S , , 7 8.8. 7 1/ , i - TBM EL.-8090.72' , FrID # 5 REBAR&CAP , LOT 44 f. .S EAST .IN GTREE ACPE' COLORADO 81611 /' TEE BOX -1- Con%ultant - 0 --- ~ FND ~#5 REBAR & CAP ,3,4 ~|~I ..6.\ 01 ' - --- -- , MkRKED .20133 4 , ~ 3-9,r-b - \. 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A . . *Pmr= ~ Ft ~ t~. ~ 14,4©ht EWAY ...2~- BUILDING ENVELOPE ~'.~/ - 1 , 421 A o r.. .2,#Pp F.% / GUTTE R AND DOWNS FOOT 3~ i ./~~ Wt HEAT TAPE irfp ) . ~;2322Zd,~ \ 2 t.€&11 . -----j'~-3-3-a - ... ..~~11 ~TERRA 5/\t.2;;%9RLOWER T 6 6 U,17 9 %.1 . m .8 VIN ~-r,1....LOGEJRC)~* ... \ ' VI ' .a:~l,bA . . A r Ilt· I f~F \ GOLFCOURSE 1. t. rw'KY•. ' EASEMENT AREA -71 3%*re 471' 1\ < /7. h .6 , o \ 1, ¥, \ \ 1 .--AL /\ 1. --- 9 . / 2164 L.- ZELMAN RESIDENCE 11\ \ To -_11111 --2-2~~ , 1-' ' „p:M\St' '1-0:k#* I # 4 ... \ E \1\ \» --I, D VT©. EXISTINGT-r- 'W//FE-~b n 651 FASTER DRIVE \ ASPEN, COLORADO 81611 ~\ F CART PATH L«17 1 \\ . l U..1~~~ ~ - r. , up X~ Itt #%6 1 t \ \ 1 \ 1,\ JK:12. 2.N.Lf ' . jit··ATERhACE '. A 146 / - Z -< - I n 41' \ 1 ' Si P m %- U · 'Mat. i EXISTING TREE ~ TOREMAIN --V*~fok ' 21--. ¥0-7---'44( h, .., 1 ./Mi/M/&/j + - · 'Ll \GUTTER AND DOWN). 1 I - rn \ ~7' €1~7#p '' h N ... VU HEAT TAPE (TY' 3 · 1-\ 1 9 t.% .%11~0. j., \,2., IN ...L...2 • a I.- 7. · ·. 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COLORADO 81611 --77 /../11. 4353 -31 4=2 n n 1 Ell« 1,99 - lit 21- -- 85:.7/: - 1 OWER I FVFLAREA LL 1 1, 1 it 3/0./.:/:/:6 ~ 3.4765¥ · i i - ~ GROSS BUILDING AREA BASEMENT LEVEL. AREA BL 3.439 SF BASEMEIIT LEVEL BL 3,434 SF Il EXEMPTI W - CZ=f- / ~_~13 --* . / LOWER LEVEL LL 49 7 9 IEXEMPT LOWER LEVEL LL 3.476 SF MAIN LEVEL Ll 5.069 SE ~ 94 1 i UPPER LEVEL U 1.321 SF OVERHANG F.A. R - 37 SF 9,903 SF F.A.R. 9.903 SF [ACTUAL] 10.000 SF {ALLOWABLE] PROJECT,0 '' , ' \ 21348.00 DETERIOR AREA PATIO ON GRADE 1 3,705 SF [EXEMPTI MAINLEVEL DECK Ll 1,069 SE MASTER DECK Li 124 SE 1*QOQQQOQQQ®21 5252952525$399ZOR599'52525225a O ··· · ··· ·.·· '·' v '·· :39> ·':' ··~··:.1.~15~---'*BRRRNm"-- | ENTRY DECK L.1 117 IF SHEE; TITLE UPPER LEVEL DECK L2 142 SF [-1 L [IL 1,452 SF [ACTUAL] FLOOR AREA DECK AREA AT 15% 1.500 SF [ALLOWABLEI CALCULATIONS PArlo ON G RADE AT 1 OWFR I FVF [ AREA I l 3 705.00 9 $ I * 03 LOWER LEVEL (11 BASEMENT LEVEL Z004 SCALE 1/16' = 1-0 SCALL 1'16' = 1'-0 0 2014 ..1 . 1. ..% V-- I·I . aN % I ·I I ., -E %.r, ..1 I ... .... . L' fl 12/15/20141 23 18 PM poss ARCH{ITECTURE + PLANNING (2) ,1\ Tv 9 T. fA. 05) 66'- 0' V 39 0 i, 270 1 4 f Z202) 1 ASPE' .DRADD 81611 1, 973/9:0295. Consulta~t 1 1 1 1 t.1 R 15 A307 SEESHEET S E SHEET i R. 1 0 a V , 1/A101.1 t 'Al/1.2 , ' <4 /- /30(> ---l 1 1 1 - 49-1 9 - 115912 1 1 h,1 - 4 - 0~ 1(i Z014 50% · 111) IN[ 1%1 '4 06 00 20[4 75%·I,DI'llAbl L_ _______ ________ I. . - 07 15 2014 PR«,RESS m to 1014 100% .DD It IAbl - a ma P J V ~- RA\~ill- ' 08062014 MARC' FINAL M HUI I I AL i 09 0 5.1014 PFR>.ITT SPACE · 61 0,720,4 PKICING St I E22*23 12052014 PER,MITO,MA 11:N IS 13')8 ~B I·-k -'-==,==,=,=rr..... 11// 2 1~ :If 7 + A£*-Hfu' \21' GAME SPACE ACCESS . 24'X 24·CRAWL ROOM 1 01 ..../ i i, 3 A302 - 1 - 1 - 41£11.. I, 1 A308 REL UEd.* -1 *' - \ nmi rj--»i-- u -55--HAL<------U 1 1 . p-t tz 00 *- up -t._ ··· HALL POOL EQUIP. \ \ STO. ; IF) ' -TzpIT ][IZE~~ ' A 1 n C. L I»L 1; 1 1 1 1,4 1 + 411 1 16 1 MECH. 1 0 - ret \/1 P 1 - ' 1-tro IL UNk w= - - Eld 1 08 \\ ./ 1 £.A i I h ~ ZELMAN RESIDENCE F 1 R=,=0 m m 11 Il /11 ' i BUNK ~ , BEDROOM ~ ROOM ~ \ BATH 5 f==W - 5 651 FASTER DRIVE ASPEN, COLORADO 81611 d I m '111 1111 if 1 0 rr-1 112 j. 1.1 . 1 POOL INDOOR/ OUTDOOR · 8 41 9 2 +9 -4 --- -i- \U ~ \ 1 .' 1 A.\ SEESHEET S.[SHEET \ 0 A 1/A/02.1 1 ' A 102,1 1 277-0. L 3- 6 1 A ~07 66-0· ~ rE 6 6 h A 306 A303 dj 4 NORTH PROJECT NO 21348,00 SHEET TITLE BASEMENT LEVEL FLOOR PLAN I 1 4 /-1 REFERENCE FLOOR PLAN - BASEMENT LEVEL Z101 (1) - SCALE LIE· - 1'-0' 0 2014 *- •- 4-PL €.3-Taa[ · ··~n r Jog~co,T.DE-/1/4 09ER"C 1 ... I ACCI~TECTU.-P- FC .t* I 'll g I.·- . mTHE rRI¢PWRINEN R . 1 1 . · :• ANCNITE 'u. A~FLA..2 MENCU-6 f L.MALL AETAn A ./'ll/-4 ......HIZE~¥ES./.IN.~[.0 ...... SEESHEET SEESHEET 12/15/2014123 31 PM poss ARCHITECTURE 4- PLANNING E- --1 - /%~ /- O.H. AREA AT 5' TO 10 ALLOWABLEOVERHANG IPERIMETER 9 14/~ PERIMETER -Iza 7 I ACTlJAL OVERHANG PERIMETER , 16'-578 1%,1 , 3/ 1-7= F O.H. AREA GREATER - 1*41 . € ,¢5 EAST MAIN CTREE AsPE' COLORADO 11011 '.9 T 1 At LOWABLF OVFRHANG Consultant aiLMUIE \ % , 12· - 7 1/4·-L..~--=u r-to.·i,;h.49J PE R 1 9 UPPER I FVEL FLOOR PLAN 1 MAIN I EVFI FIDOR PLAN I ~ 1 4 '11 -.0*.... I - 3 I ACTAIAL OVERIANG ~ PERIMETER · : E*~541 - --L//2,1,- ..1 / .-i- I'll' lilli: 7 - 9##1+7.2-_221&09%* 5 Q,LA REA AT 5• TO _ / #2111!g, Iq- 8 7/8 Issue 10' 1'PRIMFTFH 05 16 344 5/0 - DD M LASE 06.06 20[ 4 79·'G - DIP[ LASF rn UPPER LEVEL r-) MAIN LEVEL 0610 20[4 100'vi, · DD P[{Abli < 4 j SCALE L 16 1-0 / SCALE 1/16· = 1-0' ,3, 07.25 2014 l'Rl ,€ 1RESS .-I 08 00.20 L4 b.ARC E[NAL M'BMII-PU 0*' I N)14 Ph[O[[l 00 24 ZON ['Rk INGSET [305 3014 I'l·RM[I (JIM\liN [b ZELMAN RESIDENCE ALLOWABLE OVERHATIG 651 PFISTER DRIVE PERITAETER ASPEN. COLORADO 3161 1 ACTUAL OVERHANG PERIMETER ''4 \ »UNA \ %1 \ E·M --UFfE \ \ 3 67%~ r/T J \ -,05 (79 ' ~\ \ -n loWER I EVEL FLOUR PLAN ;51'. 1,0>KA OVERHANG AREA CALCULATIONS: 7\ ALLOWED O.H; ACTUAL . I.H. AREA AT O.H. LEVEL AREA AT 5'-0 5' TO 10' CONTRIBUTING O.H. GREATER O.H. AREA PERIMETER TO FLOOR AREA THAN 10 FEET PERIMETER BASEMENT LEVEL OSF OSF OSF OSF OSF PROJECT NO LOWER LEVEL 2.163 SF 1.109 SF 120 SF 0 SF 0 SF 21348.00 BASIMEfIT LF¢EL FLOOR PLA/ MAIN LEVEL 2,520 SF 2,319 SF 656 SF 37 SF 37 SF UPPER LEVEL 1,351 SF 605 SF 42 SF OSF OSF PERIMETER SHEET TITLE 0.H. AREA AT 5' TO 10 AREA LEGEND: OVERHANG AREA CALCULATIONS 1«LMS Esmi ACTUALOVERHANG PERIMETER ALLOWABLE OVERHANG PERIMETER /~ LOWER LEVEL + c- BASEMENT LEVEL • (2) (1) Z005 £ / SCALE / SCALE 1/16' = l' I) O.H.AREA AT 9 - 10' PERIMETER O 2014 . •Ir -i A i./. , '...11 C~YRI_, -liERET El:/ PO @ 33.0· MAX AUGHT OIER 10 -- _ _ ARCHITECTURE + PLANNING 1 poss HEiGHT OVER TOPO @ 22-O MAX -i) 1 - ("09 ----- 1 - - M *44 VERTICAL WOOD CIDiNG 1 - HORIZONTAL WOOD CIDING 2%3©h ~<2 .... ..:-.' 11 603 EAST MAIN DTREE- ASPE. GOLORADO 3181 DTONEVENEER -L f. ' - - 12 Consultant 1 -- 1 1 TO. PLYWOOD I UPPER LEVEL STEEL COLUMNS PER STRUCTURAI - · .1 77 - 9 .- RETAINING WALL PER STRUCT. HORIZONTAL Noon CIDING O T.O. CONCRETE *MAIN LEVEL .6 - - 1 ' 0 1 -6 - - - - - - - - - - * 10 CONCRETE @ MAIN LEVEL 7 - i 1002 -0' = USGS 8093.00 PROPOSED GRADE - - L -- LL / O LL - EXISTING GRADE - .- -- -/L i ~ RETAINING WALLS PER STRUCT. T O CO NC RETE @ 1 OWE R 1 EvEL 88·-0' 1' __ ' ' r.- --··----·-----------------------4 , 88'-0 lu_--, 1 06 16.20/4 5(r,6 - L)DPILASE CONCRETE FDN WALL AND FOOTING PER STRUCTURAL 0606 2014 7:' 'D Il LAbli 06 10 2014 toor'G.DDI'll·bl 07 25 20/4 PR< 1 :RESA 08 06 2014 SAR< I [NAI V BM[ I 1 AL 0'05 2014 PFC' /3 0" 24 20 I 4 PRK Ihir 9 1 12.5 2014 PERMI I CO\13.1 EN i h /-1 NORTH EXTERIOR ELEVATION / 5(.Al E 18= 1-0' 0 (-23 66 0 1 Ig ZELMAN RESIDENCE 41 --------- -__~_t<----~,----~~----~--- --- -Pa-------------I ----------------- ASPEN, COLORADO 816[I 651 FASTER DRIVE /EIGHT OvER TOPO *33 -or MAX (RID)GEC] VERTICAL WOOD KIDING DOWN:FOUTS W' 3 - 1-,x-4-1*r U'll - lilli 111 2~:!:1·Ril- 541=61 -----1 - - 8£ [All[PoINTS) - 12 -~IMM - -- _LAr. T.O. Pl mOOD I PPIR LEVEL L 112·- 0· 1 , 4 / 1 11 929«1 .- 11 . : ...1 1 1 I ze=J 07 11 :swi i~·P.. 6'EXTER1OR STONE VENEER (TYP ) | ------~~----~~-t:¤ - T.O,/ONCITIMAIN LEVEL 6.£4= - _-_ - 'r 100·-0- USGS 80g3.00 EXISTING GRADE n -' - - --- - .:. :21... - -t PROPOSED GRADE , ....:.L 1 1 .-. . 141 _ i -- - _ T,9.CONCRETE@ LOWER LEVFL - 7 88' - 0 - PROJECT No 21348 or) SHEETTITLE TO CONC @BASEMENT 4 _ -_-_ _ _ 1. TOCON/@BASEMENT T 76' - 0 EXTERIOR ELEVATIONS 9 . + /-~1 EAST EXTERIOR ELEVATION Z201 ' 1 r~ - ---- ----- GUTTERS AND - - HEAT TAPE (TY. j HEIGHT OVER TO/0 0 23 -0~ MAX FF © 10 /th . m-~-~]f-3 1 I / SCALE 1/81· = 1'-0 0 2014..., ·/ ..v. ./-.1// . 11 % . .·/ 7, T-' --- ¥Ar 1 -•E '£ 4- · - 1'1 W•1~11,· 1,1-• I. I .' I. Al ' 1 A. ~ .• 91. ,-/ A. me, NE~RL_·%0Rk~ % -P•'1 ,+, ~El 12/ I 5/2014 1 23 41 PM 651 Pfister Dr. ..1 t 0 1 ef I .-rolf I 1 1 . 1 11 - i. f.lill I·, fl · .. •11 4 b.. I . 0 - 14 . i. "19,111,·· '. 1 G. 8%14 64 ~:4.1,;i, ..:11,1.1.iry ·L 4 7 1 1 1 11 ' 0' t . P- -1·.. 1 27. , I. - 111 # \.1 111 11 ; f- 1 3% ? 2 40 D</ ' ·· : IC · 1.11 4.- ./ 0 +N ... · r . 1 r ' p ..1 . 1~ - 1. #S - 1 1 Decemoer 15,2014 1:18,056 0 0.15 0.3 0.6 mi Parcel STATE O F CO 1 1 1 , 1'',1 I ! I'Il 0 0.25 0.5 1 km ¤ Tcwn Boundary 9% USFS Sources Esri, HERE, Delonne, TomTom, Intermap, ticrement P Corp. GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN. Kadaster NL, BLM puss ARCHRECTURE + PLANNING e. 0 1 0 rn A rut \/304 / .A3O3/ ~ / ve 2 6'-0' T V V¥ 39-0 27'-0 ASPE~ COLORADO 81611 (' 31:'92~295 ' C...,3.1 ~ CRAWL i I SPACE , <6) .2--17 ~ 1 Nip, 1 1 1 (5) 1 3 (12) MECH. 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UPI '1 111/· 1 0 11 - i :1 111 ''' ' ZELMAN RESIDENCE 341 4 <· 1_2~492421 ~4 I =r= ~~ ~ ~- « n ~~ ~~ ~ - INDOOR' \ Y mil / UTDOOR ' ~ _, 5ATH 3 ir·. POOL u 651 FASTER DRIVE :. ASPEN. COLORADO 316I 1 ' j ' 5 BEDROGM BEDROOM i ~ \1 M Ottl] ~ ' 8 -- --- - I 3 4 A. l ~ ------------ LE] B \ \ DECK ABOVE I "/ 1,- - 111 , , 11:~ ~ 7 --t£.§'37-510331 1, -3/ : 4=0 \ \\ 1 .Mi- DECK ABOVE N . 1 A UP S E SHEET . m--\ f h 0 . ··' ' 1 Alo2.2 1.A102.1 ' UP \ UP M- m /1 43 1 21 (Z201) 32 - 6 {5) \ NORTH 1 49///« 1 A307 21348.Oil P*ICI NO h A306 1 1 ~4 ) 39'-0 27'-0 66'-0· 6 1/ SHEET TITLE 61 1 A 4/3 LOWER LEVEL FLOOR PLAN toy l 2) UHF r 1 N\;0) v V 4 , rih REFERENCE FLOOR PLAN - LOWER LEVEL Z102 ' \ / SCALE 1/8 =1'-0 0 2014 ,£1 P. alANCE. .0. la~ENT .THE PeE*TYUMILLC:~. 4"-- -9-:C .c/T .FTIC.C./TrA .... ./CD=40; NL =CC •0 I. 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A. 2 - ·· a° 605 EAST MAIN STREE ASPEN COLORADO 81611 ITI'70'.25.755 Consultant F ROOFABOVE 1 l 5) A307 1 i \2 r " GARAGE -- A306 \ k.2 1 LI V icj 1 1 6' 32~ - SEESHEET S _E SHEET 1 0 I/A 103.2 1 All.3.1 =0 0 + ~cd»41=' 2-_--1 0 U' 1 - 1 , MUD -t/ 1_I--"-<__- I Ird - : \~~~ A308 1Sue 05 16 2014 5"' · Dl) 1,1 {AhE & O%121 0006 2014 79'L ID P[{Abl u 19112 b UJ - CE O ' - R 1 . &22013 07 25 2014 Plk *;RESS 06 10 20[4 100%.DD 11*E 1-£1- 4 A .9-2-=L=b- in. 0806 20[4 SARC PINAL St 'BM[ITAI W N -721:*-«=2=7= =-JJ-(A'-- i w j BATH. f - _ __ __ __ _ ~_ _ ___ __ __ _ __EL_*=40 ~ 2,411 - =;6'1;:IRE4I, -- ~ °~>242014 PRK-[NO S[ 1 50 \\ 0*'05 2014 PIRkHT /LAUNDRY 1 06- ki- 1 1 4 - 19 120~20[4 i... r C.M.ENTS 02.-11 L 9/ 1 A [1311 L ; 1 2 L- G.A- PANEL ' 1- ~ -FT-J 2 DINING ENTRY !11 -1- Jity - 11'HAL!~ ~ 1 ' ROOM 1 & 1 A)08 A302 - 1--71 0 MASTER 1 11 11 Fp --14¢i fl nur' i f p 4 1 1| OFFICE - \ F BEDROOM : ; 48 E--/ /0 1 313 ' A-301 FAMILY Up wl _~[~-~- 00 Ig| ow__~j~ LIVING lip . . I .„ ITCHEN ROOM ROOM DE I 020 ZELMANRESIDENCE <220~ 1 3 1 -1 m UP , '.%--- 0 1 1 - 10 FLR .BliE M 6 1- F ' DECK _ \ 651 PFISTER DRIVE rTT - ,- 13£] 9-~-1 8 11 BREAKFAST ~U-- " -~--- 11 ASPEN, COLORADO 81611 \ O NOOK [| T -u; UP r : In \ I '- UP - il GLL 311_-1 S E SHEET ~ 1 A103.2 1/ ~03.1 ~0~--up \ \ UP \ -UP ~ ~ - F r. , le) 1 1 (2201) A307 - G NORTH 1 PROJECT NO /30/ 21348.(JO (4 1 SHEET TITLE MAIN LEVEL FLOOR PLAN 39' - 0· 27-0 01 CD A in \ A304 / V A.303/ =307 f · 4 0-3 REFERENCE FLOOR PLAN - MAIN LEVEL Z103 ~1, / SCALE 1/8' = 1-0 0 2014 Arli. THE 11£41,U..... :,1, .r-¥•11,Crat/1 - ./' TME vCFELL'L,AADL I ·- 1 . wa. - '£)~AAT 1; -1,(CNFOmATOy-· I %11. · E.C.(CE€ILL-C.~1~ I 1- /'· '•.- M)Gaf · ./*, ALL C-£W~JAUJ~e,0 -RE..... *% 2/,9/-Ell 12/15/'2014 1 1134 / poss ARCHITECTURE + PLANNING 0 (3) 66• 0 I 1 1 1 22021 | 1 1 r i | 405 EAST ~AIN CTIEE- A:PE. COLORADO 81811 ' Consultant r- ROOF ABOVE 1 1- 420 ' 1/1 li & 1 (5) 'BE~~~ ~ C f SEE SHEET SEE SHEET dc) $ 0 1 A103.2 1/ A103.1 1 L BATH 1 I ' /1 LLE,11- 2--- ------ -1- --015~- t, Issue 1 ....|+ iCK; - DD M LAS] ' HALL . 3 1 0606 2014 75%·[3131'1[.ABE r. = 1 -91 € 9 5 1 06 10 20-4 [00%-D[)['[LAN+ \ t. - 122011 0725 3014 PRO€1/69, pl V 08 06 ZOI 4 bARC [·INAL SI -BMI['!Al /.I 9, 09 NON ERM! I /4 2014 PRA IN(, SE I 12 /1 lili PURMil COMMENES i r--13ATH 2 |1-3 4 ~ 'i~ 133 1 6 U 1 - 1 n'13 1 T -==EL]TRIF~ZEZZzl L ATTIC 1 1 1 - - 4-/ 1 BEDROOM i 1 -*. \ 2 \ - ZELMAN RESIDENCE I 220* 1 6 ® 1 651 PFISTER DRIVE ROOF ABOVE - | 1 DE¢·1(~IL~ - ASPEN, COLORADO 31611 .1 ') T I A.*------------------------------4 -0 1 1 SEE SHEET SEESHEET n 1,4103.2 1/A103,1 L L L 39.0 27'-0 66-0- J 6 44 (3) NORTH PROJECI Ns 21348.00 SHEETTITLE UPPER LEVEL FLOOR PLAN t r-) REFERENCE FLOOR PLAN - UPPER LEVEL Z104 ,1 , E \ / SCALE 1/8· = 1'-0 0 2014 .2,· · ... ..,. I. A -El¥-RMA .... W I P• •'~' 1 . Al . Al,a, ' '.ILP¥4.. 4- 1~...1 29-, MERE, %44;*41 37'· 3 SEESHEET SEESHEET -SEE SHEET SEE SH ET-4 - - - - 66' - 0~ 1 1 ~ /·7,$ i'Ten ninE D: 7 -···- O 0 poss AKUM De i UM, 7 1 LANI'$,1 39· - 0' 27'-0· i, f { 1 k 1 1 1 1 (2202 1 1 V 1 .-1 1/ ASPE' COLORADO .1,1, Consultan . . .1 1 }~.7 -~C ....El IZ·.' : ;·." 1 1 - TO RIDGE© 117'-8 15/16' TOI RIDGE *117'-21546 - ·· 1 1 M m ' r-:I , 4 4 ( 5 ) r~ :I · 13 " 1 1/ -I : i .& C 1 El .Ii a SIESHEET SEESHEET 1 A 103.2 1/A 103.1 ~ f «039*1 - / li _H.__ _-8/IDGEli'~'-'·• Iii' ONOWGUARDS - 1 GUTTERS AND C · 27-0 \F -- ..:. . -/\:\\ 7 , DOWNSPOUT) - HEATTAE,TYP) i-- ' .. .. . -31. . I:-11- r Op-+f _ - - _ . 1 ~. 1. 7612--~y SN{il·'ll/DI - 50'/4.131) IN LAM - H_ 1 - -·/ U m -1 '·· --r-- --A<1----9-c:2& 0606 20 14 75%·DI) 1'1 LAM · '\ 31 2 "/ 6 - .'i. 1:1 1,&: -- *iJ 1 = 1- - 1 _- + r 06102014 100%.IN) 1,11.Abl - - 07 25 2014 PRO('141·26% 11 4 . 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U. p % A ~ I ' + ./ PeERV 1 .. .ART J 1/ - 1./. 111 4 . 4- 1 CE,¥m~,1~ 9·Egr 1245/2014 I 2346 PM 651 Pfister Dr. 1 '' r :·i <x . - 21 ,/1 € :'. . &04 7, #. 1 41 /7, V , 4, d 11%. < 11.-11 1 1:144 G,·11 Z IV) , .,1 C.. f. I , . 1 #" I .3#11 I ,// 'r r, i '. i ·pif·:illl.i 1 9 . 1, 1 f >444 4 4 1 ..0-7 c.< 1 + 3 4 ?,€ 11 " ,pell 4 I 01 k 41 lut, 0 ." 4 4 9%2 . , 1 0 4-1 , . 4. 5, W ..11'te:.1 "P 41 p- .fl . *7 * ~ 0,1 r.4. - - ; ht - / 06 2 B / f 14- f. : 2# '4 . 7 2-0 22*N.4.-'.-<.0 -2/-«fp .. 2 ' -- 9, c , -9 5 f:< ft 2 - 2 · 10.-rk 11 8 f-P'.i-t-mr -0- 6 - 11 1 4-lf W•Mat,}·St f 1 L . r i.fill, 4 19 c, 1 14 . 6 -4 '.r. Ftwl 1, 1 1 \ .0 i . 9-W 1 1 { '44%[.I ' -% i I , ..£ ..9 b. G -r. / V 11 - f v .. December 15,2014 1:18,056 0 0.15 0.3 0.6 mi Jarcel STATE O F CO 1 1 '''i' , /, /, 1 I ~ Town Boundary ¢% USFS 0 0.25 0.5 1 km Sources: Esri, HERE, Delonne, TomTom, Intennap, hcrement P Corp. BLM GEBCO, USGS,FAQ NPS, NRCAN, GeoBase IGN, Kadaster NL CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT , GENERAL LAND USE APPLICATION PACKET THE Crry cy ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy. Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of-Notice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerks Office on the second floor of City Hall and on the internet at www.aspenpitkin.corn . City Departments, City Clerk. Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review ofthese materials does not substitute for a complete review oftlie Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. Ifyou have questions which are not answered by the materials in this package. we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. COMMUNITY DEVELOPMENT DEPARTMENT .. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time - of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January, 2013 City ofAspen I 130 S. Galena St. I (970) 920-5090 FACHMENT 2 -LAND USE APPLIUATION PI~OJECT: 4 Name: Z ELM AP Frit b EN LE Location: 6Gl FF; S Te A Py,vE, Ler 43 BAF-6*0 "86% a.ug / ASALd z. 8i6it (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2*35/1 201044 3 APPLICANT: Name: 167 1.F.rkr + It-2. 1-Bv,1- Address: 35640 0 WDepLA·ND Ft> r (#AE,1~IN FAUG , 41 44bzz- Phone #: 940- 923 - 30 38 REPRESENTATIVE: Name: Be l K.OB Address: 20 *uN661- PE · UN 1 1* 1 , 8*SALT, (O 81621 Phone #: q'Q ' 923 - 3086 TYPE OF APPLICATION: (please check all that apply): Ed GMQS Exemption El Conceptual PUD U Temporary Use El GMQS Allotment ~ Final PUD (& PUD Amendment) U Text/Map Amendment U Special Review C Subdivision U Conceptual SPA E ESA- 8040 Greenline, Stream C Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane El Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion |g, Residential Design Variance C Lot Line Adjustment E] Other: l Conditional Use EXISTING CONDITIONS: (description ofexisting buildings. uses. previous approvals, ete.) PROPOSAL: (description ofproposed buildings, uses, modifications. etc.) CoN *rev £ 1-1010 or NEW 0661 PENCE DN VACANT LOT Al- *Mve,J (06€¥ EWS. Have you attached the following? FEES DUE: $ &5D ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text (Microsoft Word Format) must be submitted ps u rt ofthe applzentinn T 9„ge Selle r'-of ' s'" 1,i'' :-mhlde an el©ai·oine 3.D iitodel. Yoat pre-tipplicatioii Coh; .2 .*-, . 611:11*11;li'>' :;111 19*Uk,u:e li b v .. .....,k 3..u..il. 4 -,-1~ iiiodel. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 1 4 , Project: G9I 'Ffi«'1»6¢- DB\VE Applicant: DS Z 't ev',T f j cz. 1= 01 4 r Location: 691 FFI *1-6%- Del'16 , MMoop ce€a uus .01 141 , APEN.Co $1411 Zone District: A u gAL E€5/ D twri AL ,/ ACC Pub Lot Size: 3.064 Ae.ges Lot Area: 9 6 6 4 4< F E s (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 11 / A Proposed: N /A Number of residential units: Existing: N I A Proposed: f Number of bedrooms: Existing: N/A Proposed: Proposed %of demolition (Historic properties only): N/A-NEW CoNST.v c.·rt o 4 DIMENSIONS: Floor Area: Existing: M|A Allowable: 10,000 Proposed: 9lcieS Principal bldg. height: Existing: Allowable: 31'*D" Proposed: 3\' ·c>'' Access. bldg. height: Existing: Allowable: N / A Proposed: N / h On-Site parking: Existing: Required.- 2 Proposed. 3 % Site coverage: Existing: Required: N/A Proposed: NIA % Open Space: Existing. Required: tl /A Proposed: NIA Front Setback: Existing. Required: Pt¥- ¥641- Proposed: Pet FLAT Rear Setback: Existing:_ Required:PE¥- Plkr Proposed:%11 Putf - Combined F/R: Existing.- Required: 14 l A Proposed: 8/A Side Setback: Existing: Required: %% PLA 1 Proposed:1€9· PLAT Side Setback: Existing: Required: ?8% FLAT- Proposed: PEY· FLA f Combined Sides: Existing: ~ Required: 14 / A Proposed: 14 / A Distance Between Existing Required: 0 / A Proposed: N ~ A Buildings , Existing non-conformities or encroachments: 10 /A - p 8,0 (41 9.rF u Cl-10 N Variations requested: 9 0.61,1 pl541-IM- r)€41¢,N 4~(*p DA¥ 84. ME 4 IT A-Al¥65 /VIE Al,(P COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Il- 2 -Th £.st 3 Ae„l 13~ 10'·~ 11 Phone No.:(1 i l) 1'<-1 2-4 5744 owner ("I"): 0 52 -Truvirl,Aei.~ 11 ~14 <,1 Email: 51·e oe 13'Z..ellk c, A a.5'roc.\44.60 'A Address of . . . Billing 1 .2 1 7 /3 1 Property: LON (43) ('2.:roon Er<Lk(ICAL Address: 8 J :,3 ic i (Lho, o,a 61 2,4 06?0 0 (subject of 65- 1 P fi r.\·er 0,5 ue (sendbills here) ,€221(DLWO)'2 joll (mug' application) A r~3 A U O pr I ci i I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. O Select Dept $, flat fee for Select Dept 0 $ flat fee for - $ 0 flat fee for Select Dept 650 Flat Fee 4 (RDS, Mir $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved jn processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the Cjty shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time, I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ ~ deposit for 0 hours of Engineering Department staff time, Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: L l) 9 Ze- 1,hal, A Title: |Al.4 9-~6 OF D 5*7.--Tpld+ City Use: .650 Fees Due: b Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 COMMUNITY DEVELOPMENT DEPARTMENT .. I Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be skmed bv the properly owner or Attorney representing the property owner. Name: I C Z -Tr 65 + 3 1 4 11 Property 61<21 131'all / rincl 05.2 1rh AL+ 63,4·Q'~ ||~161(11 Owner ("1"): Email: Phone No.: ( Jo iD) Ola 3 - 5-9 4 q 5-ki,€ Afle,l /'li'~A/J ';5 0<~017 5 f C.0 fl" Address of Property: Lot 43) Atit· 0 On, lf-eek Cl 26 (subject of />- rbc- , A application) 03 1 1 NE 5-rer u true, j /1 S-,8·223 j 4 0 3;N 611 I certify as follows: (pick one) E] This property is not subject to a homeowners association or other form of private covenant. E This properly is subject to a homeowners association or private covenant and the submission of this land use application does not require approval by the homeowners association or covenant beneficiary. W This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. i understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document ~a p~li~ document. / 1/' , 1 Owner signature: date: 11 ~ 1611014 6- Owner printed name: Twil Ze\r#,> n Tr U,Ace J DS E Tr 454 or, Attorney signature: date: Attorney printed name: October, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 CITY OF ASPEN rRE-APPLICATION CONFERENCE SUMMARY + 1 PLANNER: Chris Bendon, 429.2765 DATE: 12.12.14 PROJECT: 651 Pfister Drive REPRESENTATIVE: Kim Weil, Poss Associates REQUEST: Residential Design Standard (RDS) Variances DESCRIPTION: The applicant plans to construct a new residence on a vacant lot within the Maroon Creek Club. The lot is located on a private road. The project is seeking variances from the City's Residential Design Standards - B.1.b-garage doors; D.1.a- Entry Door; D.3.a Windows 9-12. Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app°/020form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410 Residential Design Standards 26.575.020 Calculations and Measurements Review by: Community Development for determination of completeness Public Hearing Not required, unless P&Z review is deemed necessary Planning Fees: $650 flat fee for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour Total Deposit: $650 1 To apply, submit 2 copies of th owing information: Il Completed Land Use Application. U Signed fee agreement. m Signed HOA consent letter El Total deposit for review of the application, O Pre-application Conference Summary. O 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. O 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. Il 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. 0 Existing and proposed plans and elevations with floor area calculations. 0 Proposed site plan with surrounding context. E An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. 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. 2 poss ANCM] ECTURE+PLANNING December 15, 2014 Chris Bendon Community Development Director City of Aspen 130 South Galena Street Aspen, Colorado, 81611 Re: Letter of representation - Maroon Creek Club Lot 43 - 651 P fister Drive Dear Chris, Please accept this letter as my permission to allow the following: Kim Weil + Eric Westerman + other representatives of Poss Architecture + Planning 605 East Main Street Aspen, Colorado, 81611 970-025-4755 To act on my behalf for the Residential Design Standards variance review application and approval process for the project referenced below. The property in question is described as follows: Physical Address: 651 Pfister Drive, Aspen, Colorado, 81611 Subdivision: Maroon Creek Club Lot 43 Parcel ID Number: 2735112090443 Owner: DSZ Trust and ILZ Trust 35850 South Woodland Road Chagrin Falls, OH 44022 Sincerelv, 4« .~ Zelman~Te <AS#-e, C 1 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-29" WWW.BILLPOSS.COM PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-1766 I 970-925-6527 FAX October 8, 2013 1LZ TRUST DATED 12/19/12 AND DSZ TRUST DATED 11/29/12 C/O LENNIE OATES, OATES, KNEZEVICH, GARDENSWARTZ ASPEN, CO 81611 RE: PCT23778W4 -- LOT 43, MAROON CREEK CLUB Pitkin County Title, inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form: 110.1 Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. in the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerely, Kim Shultz Enclosures: Original Policy 311.90 i RECEPTION#: 602456, 08/12/2013 at 04:28:08 PM, 1 OF 5, R $31.00 DF $377.50 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO SPACE ABOVE THIS LINE FOR RECORDER'S USE GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated as of August 12, 2013, between LOT 43 MC, LLC, a Colorado limited liability company ("Grantor"), whose address is 201 South College St., Ste. 1450, Charlotte, NC 28244, and DSZ Trust dated November 29,2012, and ILZ Trust dated December 19, 2012 (together "Grantee"), whose address is 35850 South Woodland Road, Moreland Hills, OH 44022. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, al] of the following described real property in the County of Pitkin, State of Colorado, together with all rights, privileges and easements appurtenant thereto and all improvements located thereon (collectively, the "Property"): See Exhibit A attached hereto, TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns forever. AND Grantor, for itself, and its successors and assigns, covenants and agrees that it shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns against all and every person or persons who lawfully claims the Property or any part thereof, subject to the matters set forth on Exhibit B - attached hereto and made a part hereof. 947(Cil' 7,4.:D Ki-451' FAiD DATE ;REP NO. [remainder ofpage intentionally blank] DATE RIP MO S l '21 1 3 V-£.+ 9- g t 8 92 Me- le VJ....00/- (-4 6(2 7 {A0026 14 1 /2 } £ , WESTdOR POLICY NO. ,® i .P OP-6-CO1045-3296758 ~ ALTA OWNER'S POLICY (6-17-06) P ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE i Any notice of claim and any other notice or statement in writing required to be given to the , Company under this Policy must be given to the Company at the address shown in Section 18 li of the Conditions. it R COVERED RISKS ' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE R CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE j COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent t{ f stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount ji of Insurance, sustained or incurred by the Insured by reason of: I r. 1 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to 1 insurance against loss from ' lit (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance, 1 S (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, 2 notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized : by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; 1 li (vi) a document not propei·ly filed, recorded, or indexed in the Public Records including failure r It to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceediIlg. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. * (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term , "encroachment"includes encroachments of existing improvements located on the Land onto adjoining I land, and encroachments onto the Land of existing improvements located on adjoining land. i 3. Unmarketable Title. i COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR I.AND TITLE INSURANCE COMPANY has caused this policy P to be signed and sealed as of the Date of Policy shown in Schedule A, Issued By: WESTCOR LAND TITLE INSURANCE COMPANY i CO1045 * PCT23778W i i Pitkin County Title Inc. 601 E. Hopkins #3 wes,cor A ilcu, InSUr'ncc ! d Aspen, CO 81611 €* Company /N 'PL~O Attest: Secretary OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 2-25-081 4. No right of access to and from the Land. 5. The violation or enforcement ofany law, ordinance, permit, or governmental regulation (including those relating ' to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent o f the enforcement referred to in that notice. 7. The exercise ofthe rights ofeminent domain if a notice ofthe exercise, describing any part ofthe Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer o f all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential trans fer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason o f the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records qub,equent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in de fense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- ofthis policy, und the Company will not pay loss or damage, costs, cords at Date of Policy, but Known to the Insured Claimant attorneys' fees, or expenses that arise by· reason of: and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an 1. (a) Any law, ordinance, pennit, or governmental regulation Insured under this policy; (including those relating to building and zoning) restricting. regulating. prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Dalc of Pol icy (however, this does not modify or limit the coverage provided Linder (ii) the character. dimensions, or location of any improve- Covered Risk 9 and 10); or ment erected on the Land; (e) resulting in loss or damage that would not have been (iii)the subdivision of land; or sustained if the Insured Claimant had paid value for the (iv) environmental protection; or the effect of any violation Title. of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the cover- 4. Any claim, by reason oftheoperation offederal bankruptcy, state insolvency, or similar creditors' rights laws, tliat the transaction age provided under Covered Risk 5. vesting the Title as shown in Schedule A, is (b) Any governmental police power. This Exclusion Hb) docs (a) a fraudulent conveyance or fraudulent transfer; or not modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between 3. Defects, liens, encumbrances, adverse claims. or other mal- Date of Policy and the date of recording of the deed or other ters instrument of transfer in the Public Records that vests Title as (a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A. Claimant; CONDITIONS AND STIPULATIONS 4 , 1. DEFINITION OFTERMS without Knowledge. With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens fi!ed The following terms when used in this policy mean: in the records of the clerk of the United States District Court (a) "Amount of Insurance"· The amount stated in Schedule A, as for die district where the Land is located. may be increased or decreased by endorsement to this policy. increased by Section 8(b), or decreased by Sections 10 and 11 (j) "Title": The estate or interest described in Schedule A. of these Conditions. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would pennit a prospective purchaser or lessce of (b) -Date of Policy" The date designated as "Date of Policy" in Schedule A. the Title or lender on lhe Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition (C) 4<Entity"· A corporation: partnership, trust, limited liability requiring the delivery of marketable title. company, or other similar legal entity. 2. CONTINUATION OF INSURANCE (d) -insured": The lnsured named in Schedule A. The coverage of this policy shall continue in force as of Date of (i) The term "Insured" also includes Policy in favor ofan Insured, but only so long as the Insured retains (A) successors to the Title of the Insured by operation of an estate or interest in the Land, or holds an obligation secured by a law as distinguished from purchase. including heirs. purcliase money Mortgage given by a purchaser from the Insured, devisees, survivors, personal representatives, or next or only so long as the Insured shall have liability by reason of war- ofkin; ranties in any transfer or conveyance of the Title. This policy shall (B) successors to an Insured by dissolution, merger, con- not continue in force in favor of any purchaser from the Insured solidation. distribution, or reorganization; of either (i) an estate or interest in the Land, or (ii) an obligation (C) successors to an Insured by its conversion to another secured by a purchase money Mortgage given to the Insured, kind of Entity: 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (D) a grantee of an Insured under a deed delivered without CLAIMANT payment of actual valuable consideration conveying The Insured shall notify the Company promptly iii writing (i) in the Title case of any litigation as set forth in Section 5(a) of these Condi- (1) if tiie stock, shares, memberships, or other equity lions, (ii) in case Knowledge shall conie to an Insured hereunder of interests of the grantee are wholly-owned by the any claim of title or interest that is adverse to the Title, as insured, named Insured. and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is (2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. Ifthe Company is prejudiced by (3) if the grantee is wholly-owned by an affiliated the failure of'the Insured Claimant to provide prompt notice, the Entity of the named Insured, provided the affiliated Company's liability to the Insured Claimant under the policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice. owned by the same person or Entity, or 4. PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the In tlic event the Coinpany is unable to determine the amount of los.s Insured named in Schedule A for estate planning or damage, the Company may, at its option, require as a condition purposes. ofpayment that the Insured Claimant furnish a signed proofofloss. The proo f o f loss must describe the defect, lien, encumbrance. or (ii) With regard to (A). (B), (C). und (D) reserving, however, all other matter insured against by this policythat constitutes the basis rights and defenses as to any successor that the Company of loss or damage and shall state, to the extent possible, the basis would have had against any predecessor Insured. of calculating the amount of the loss or damage. (e) "Insured Claimant": An Insured claiming loss or daniage. 5. DEFENSE AND PROSECUTION OFACTIONS (f) "Knowledge" or '*Known": Actual knowledge, not construe- live knowledge or notice thal may be imputed to an Insured by (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at reason of the Public Records or any other records thal impart its own cost and without unreasonable delay, shall provide for constructive notice of matters affecting the Title. the defense of an Insured in litigation in which any third party (g) "Land": Tlie land described in Schedule A, and affixed improve- asserts a claim covered by this policy adverse to the insured, ments that by law constitute real property. The tenn 'land" This obligation is limited to only those slated causes of action does not include any property beyond the lines of the area alleging Inatters insured against by this policy. The Company described in Schedule A, nor any right, title, interest, estate, or shall have the rigiit to select counsel of its choice (subject to the easement in abutting streets. roads avenues, alleys, lanes, ways, right of the insured to object for reasonable catise) to represent or waterways, bill this does not modify or limit the extent that a the Insured as to those stated causes of action. It shall not be right of access to and from the Land is insured by this policy. liable for and will not pay the fees ofany other counsel. The (h) "Mortgage"· Mortgage, deed of trust. trust deed, or other secu- Company will not pay any fees. costs, or expenses incurred by rity instrument, including one evidenced by electronic means the Insured in the defense of those causes of action thilt allege authorized by law. matters not insured against by this policy. (i) "Public Records": Records established under state statutes at (b) The Company shall have the right, in addition to the options Date of Policy for the purpose of importing constructive notice contained in Section 7 of these Conditions, at its Own COM, to of matters relating to real properly to purchasers for value and institute and prosecute any action or proceeding or to do any other act thal in its opinion may be necessary or desirable to CONDITIONS AND STIPULATIONS - CONTINUED A establish the Title, as insured. or to prevent or reduce loss or policy together with any costs, attorneys' fees, and expenses in- damage to the Insured. The Company may take any appropri- curred by the Insured Claimant that were authorized by the Com- ate action under the terms of this policy, whether or not it shall pony up to the time of payment or tender of payment and that the be liable to the Insured. The exercise of these rights shall not Company is obligated to pay. be an admission of liability or waiver of any provision of this Upon ilie exercise by the Company of this option, all liability and policy. If the Company exercises its rights under this subsec- obligations of the Company lo the Insured under this policy, other lion, it must do so diligently. than to make the payment required in this subsection, shall termi- (c) Whenever the Company brings an action or asserts a dc fense as nate, including any liability or obligation to defend, prosecute, or required or permitted by this policy, the Company may pursue continue any litigation. the litigation to a final determination by a court of competent (b) To Pay or Othenvise Settle With Parties OtherThan the Insured .jurisdiction. and it expressly reserves the right, in its sole dis- or With the Insured Claimant. cretion, to appeal any iadverse judgment or order. (i) To pay or otherwise settle with other parties for or in the 6. DUTY OF INSURED CLAIMANT TO COOPERATE name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any (a) Inallcases wherethispolicypennits orrequires the Company to prosecute or provide for the defense o fany action or proceeding costs, attorneys' fees, and expenses incurred by the Insured Claimant thal were authorized by the Company up to the and any appeals, the insured shall secure to the Company the time ofpayment and that the Company is obligated to pay; right to so prosecute or provide defense in the action or pro- ceeding, including the right to use, at its option, the name ofthe or Insured for this purpose. Whenever requested by the Company, (ii) To pay or othenvise settle with the Insured Claimant the the Insured, at the Company's expense, shall give the Company loss or damage provided for underthis policy, together with all reasonable aid (i) in securing evidence. obtaining witnesses, any costs, attorneys' fees, and expenses incurred by the prosecuting or defending the action or proceeding. or effecting Insured Claimant that were authorized by the Company up settlement, and (ii) in any other lawful act that in the opinion to the time of payment and that the Company is obligated of the Company may be necessary or desirable to establish 10 Pay. the Title or any other inatter as insured. If the Conipany is Upon the exercise by the Company of either of the options provided prejudiced by the failure o f the Insured to furnish the required for in subsections (b)(i) or (ii), the Company's obligations to the cooperation, the Company's obligations to the Insured under Insured Linder this policy for the claimed loss or damage, other the policy shall tenninate, including any liability or obligation than the payments required to be made, shall tel-minate, including to defend, prosecute, or continue any litigation, with regard to any liability or obligation to defend, prosecute, or continue any the matter or matters, requiring such cooperation. litigation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- 8. DETERMINATION AND EXTENT OFLIABILITY tive of the Company and to produce for examination. inspection, This policy is a contract of indemnity against actual monetary loss and copying, at stich reasonable times and places as may be or damage sustained or incurred by the Insured Claimant who has designated by the authorized representative of the Company, suffered loss or damage by reason of matters insured against by all records. in whatever medium maintained, including books, this policy. ledgers, checks. inemoran(la, correspondence, reports, e-mails, disks, tapes, and videos whellier bearing a date before or after (a) The extent of liability of the Company for loss or dainage under this policy shall not exceed the lesser of Date of Policy, that reasonably pertain to the loss or damage, - Further, if requested by any authorized representative of the (i) the Amount of Insurance; or Company, the Insured Claimant shall grant its permission, in (ii) the difference between tile value ofthe Title as insured und writing, for any authorized representative of the Company to the value of the Title subject to the risk insured against by examine, inspect, and copy all of these records in the custody or this policy. control ofa third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured (b) If the Coinpany pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as Claimant provided to the Company pursuant lo this Section shall insured, not be disclosed to others unless, in the reasonablejudginent of the Company, it is necessary in the administration of the claim. (i) the Amount of Insurance shall be increased by 10%, and Failure of the Insured Claimant to submit for examination under (ii) the Insured Claimant shall have the right to have the loss oath, produce any reasonably requested infonnation, or grant or damage determined either as of the date the claim was permission to secure reasonably necessary information from macie by the Insured Claimant or as of the date it is settled third parties aS required in this subsection, unless prohibited by and paid. law or governmental regulation, shall tenninate any liability of the Company under this policy as to that claim, (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses 7. OPTIONS TO PAY OR OTHERWISE SETTLE incurred in accordance with Sections 5 and 7 of these Condi- CLAIMS; TERMINATION OF LIABILITY tions. In case of a claim under this policy, the Company shall have the 9. LIMITATION OF LIABILITY following additional options: (a) If the Company establishes the Title, or removes the alleged (a) To Pay or Tender Payment of the Amount of Insurance, defect, lien. or encumbrance, or cures the lack of a right of ac- To pay or tender payment of the Amount of Insurance under this cess to or from the Land. or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any no joinder or consolidation with claims or controversies of other method, including litigation and the completidn of any appeals. persons. Arbitrable matters may include, but are not limited to, it shall have fully performed its obligations with respect to that any controversy or claim between the Company and the Insured matter and shall not be liable for any loss or damage caused to arising out of or relating to 111is policy, any service in connection the Insured. with its issuance or the breach of a policy provision, or to any other (b) In the event of any litigation, including litigation by the Com- controversy or claim arising out of the transaction giving rise to pany or with the Company's consent, the Company shall have this policy. All arbitrable matters when the Amounl of Insurance no liability for loss or dainage until there has been a final deter- is $2,000,000 or less shall be arbitrated at the option of either the mination by a court of competent jurisdiction. and disposition Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of S2.000,000 shall be arbitrated only of all appeals. adverse to the Title, as insured. when agreed to by bot]1 the Company and the Insured. Arbitration (c) The Company shall not be liable for loss or dainage to the pursuant to this policy and under the Rules shall be binding upon Insured for liability voluntarily assumed by the Insured in set- the parties, Judgment upon theaward rendered by the A rbitratoils) Iling any claim or suit without the prior written consent of the may be entered in any court of competent Jurisdiction. Company. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 10. REDUCTION OF INSURANCE; REDUCTION OR ENTIRE CONTRACT TERMINATION OF LIABILITY (a) This policy together with all endorsements. if any. attached to Ail payments under this policy. except payments made for costs, it by the Company is the entire policy and contract between tile attorneys' fees, and expenses, shall reduce the Amount of Insurance Insured and the Company. In interpreting any provision of this by the amount of the payinent. policy, this policy shall be construed as a whole. 11. LIABILITY NONCUMULATIVE (b) Any claim o floss or damage that arises out of the status of the The Amount of Insurance shall be reduced by any amount the Title or by any action asserting such claim shall be restricted to this policy. Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the insured has agreed, (c) Any amendinent of or endorsement to this policy must be in assumed, or taken subject. or which is executed by an Insured after writing and authenticated by an authorized person, or expressly Date of Policy and which is a charge or lien on the Title, and the incorporated by Schedule A of this policy. amount so paid shall bc deemed a payment to the Insured under (d) Each endorsement to this policy issued at any time is macie a this policy. part of this policy and is subject to ail of its terms und provi- 12, PAYMENTOF LOSS sions. Except as the endorsement expressly states. it docs not (i) modify any of the terms and provisions of the policy, (ii) When liability and the extent of loss or damage have been defititely modify any prior endorsement, (iii) extend the Dale of Policy. fixed in accordance with these Conditions, the payment shall be or (iv) increase the Amount of insurance. made within 30 days. 16. SEVERABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT In the event any provision of this policy: in whole or in part. is held invalid or unenforceable under applicable law, the policy shall be (a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy. it shall be subrogated and entitled to the but all other provisions shall remain in full force and effect. rights of the Insured Claimant in the Title and ail other rights and remedies in respect to the claim that the Insured Claimant 17. CHOICE OF LAW; FORUM has against any person or properly. to the extent of the amount la) Choice of Law: The Insured acknowledges the Company has of any loss, costs. attorneys' fees, and expenses paid by the underwritten the risks covered by this policy and detennined Company. If requested by the Company, the Insured Claimant the preinium charged therefor in reliance upon the law affecting shall execute documents to evidence the transfer to the Com- interests in real properly and applicable to the interpretation. pany of these rights and remedies. The Insured Claimant shall rights, remedies, or enforcement of policies of title insurance permit the Company to sue. conipromise. or settle in the name of the jurisdiction where the Land is located. of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity and remedies. of claims against the Title that are adverse to the Insured and to If a payment on account of a claim does not fully cover the loss interpret and enforce the terms of this policy. In neither case of the Insured Claimant, the Company shall defer the exercise shall the court or arbitrator apply its confiicts of law principles of its right to recover until after the Insured Claimant shall have to determine the applicable law. recovered its loss. (b) The Company's right of subrogation includes the rights of the (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company niust be filed only iii a Insured to indemnities. guaranties, other policies of insurance, slate or federal court within the United States ofAmerica or its or bonds, notwithstanding any terms or conditions contained territories having appropriate jurisdiction. in tliose instruments that address subrogation rights, 18. NOTICES, WHERE SENT 14. ARBITRATION Any notice of claim and any other notice or statement in writing Either the Company or the Insured may demand that the claim or required to be given to the Company under this poiicy must be controversy shall be submitted to arbitration pursuant to the Title given to the Company at: Westcor Land Title Insurance Company, Insurance Arbitration Rules of the American Land Title Associa- Attn. Claims, 201 N. New York Ave„ Ste. 200. Winter Park, tiori ("Rules"). Except as provided in the Rules, there shall be Florida 32789. ALTA OWNER'S POLICY :i (6-17-06) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE , 201 N. New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone: (407) 629-5842 ~**t*·m©*€&088*$*9*¢e*******I.--*>***$08*8*6**38-*e<20;R'fk~**6:&E~¢%0~83*:2ae@k&=*-8&&&*889*am**m*6*2*ememez*e»*~~kk*g»,;e·:·:M™8:-=*sS//sgs*s*zz~p;eme=88mQ*m2=mem**%mmemE*:8*999*yEd*80**1-Il=Rai' Owner's Policy o. . itle Insurance - Schedule A Issued by , Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 651 PFISTER DRIVE, ASPEN, CO 81611 File No. PCT23778W4 Policy No.: OP-6-CO1045-3296758 Amount of Insurance: $3,775,000.00 Premium: $ 6,612.00 Date of Policy: August 12, 2013 @ 4:29 PM Simultaneous #: N/A Reinsurance #:13-735 1. Name of Insured: DSZ TRUST DATED NOVEMBER 29, 2012 AND ILZ TRUST DATED DECEMBER 19, 2012 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: DSZ TRUST DATED NOVEMBER 29, 2012 AND Ill TRUST DATED DECEMBER 19, 2012 4. The Land referred to in this policy is described as follows: LOT 43, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. Issued By »-2 3«- Authorized Signatory ' '1 SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23778W4 August 12, 2013 @ 4:29 PM OP-6-CO1045-3296758 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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 which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes, or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation: connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2013 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded August 26, 1911 in Book 55 at Pages 189 and 191. (view) 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121 and Annexation Plat recorded February 6, 1997 in Plat Book 41 at Page 77. (view) 11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. (view) 12. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 608. Njewl (Continued) . POLICY NO. OP-6-CO1045-3296758 CASE NO. PCT23778W4 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 13. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104 and Development Order amending Final Plat Resolution recorded January 7, 2011 as Reception No. 576600. (view) 14, Avigation Easement granted to Pitkin County recorded November 12,1993 in Book 730 at Page 690. (view) 15. Terms. conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group It, Limited Liability Company, a Utah Limited Liability Company, recorded November 15,1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 and First Amendment thereto recorded October 17, 1997 as Reception No. 409559. (view) 16. Terms; conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11, 1994 in Book 755 at Page 55. (view) 17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28, 1985 in Book 791 at Page 821 as Resolution No. 95-128. (view) 18. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 34, Series of 1996 by City Council of the City of Aspen recorded February 1, 1997 as Reception No. 401985, Ordinance No. 33, Series of 1996 by Aspen City Council recorded February 21, 1997 as Reception No. 401986 and Ordinance No. 40, Series of 1996 recorded April 8, 1997 as Reception No. 403224. (view) 19. Terms, conditions, provisions and obligations as set forth in Grant of Easement to Comcast of Colorado/Florida Inc. recorded November 3,2008 as Reception No. 553987 (view) 20. Terms, conditions, provisions and obligations as set forth in Notice of Approval for an Insubstantial PUD Amendment recorded February 29, 2012 as Reception No. 587075 (view) 21. Encroachment of landscaping on Northwest Corner of Lot as disclosed by Survey of Stephen L. Ehlers dated June 26,2013 as Job No. 2001-242.004. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). IState: CO County: PITKIN I Agent Number: 001045 Order Number PCT23778*41 CLTA FORM 110.1 4 DELETION OF ITEM FROM POLICY Attached to and forming a part of Policy No. OP-6-CO1045-3296758 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under paragraph number 5 (Water Rights). This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of-the policy or a previous endorsement is inconsistentwith an express provision of ~~ this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated August 12, 2013 «24-84~ Authorized Signatorv "1 ~OSS ARCHITECTURE+PLANNING TO: Chris Bendon December 17, 2014 Community Development Director City of Aspen 970-429-2765 chris.bendon@cityofaspen.com From: Poss Architecture and Planning Kim Weil, Eric Westerman Re: 651 Pfister Drive Residential Design Standards (RDS) Variances We are requesting variances from the following Residential Design Standards: 26.410.040.C.1.b - Visibility of garage doors from street We feel the following reason this variance is justified: • The garage doors are perpendicular to the street • The garage doors are 10' in elevation below the street • There is significant vegetation (both existing and proposed) between the street and the garage to act as screening • Visibility of the garage doors will be minimal to non-existent 26.410.040.D.1.a - Front door location and size We feel the following reason this variance is justified: Location • The plat specified the access point from Pfister Drive which we used the slope down from the street to the driveway to screen the auto court and the garage • A desire to keep the garage perpendicular to Pfister Drive led to the location of the front door • The front door is still prominent on the street facing elevation Size • The 8' height limit to a front door responds well to homes sized similar to those in Aspen's West End, however the scale of this residence dictates a large door more in proportion to the elevation 26.410.040.D.3.a - Street facing windows We feel the following reason this variance is justified: • The intent of this standard is to not have windows spanning floor levels. The windows in questions do not span floor levels and in fact the center portion of the residence where the windows occur is only 1 story above grade on the street side • The windows are in proportion to this larger house size 605 EAST MAIN un.«ET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2- ... VWW.BILLPOSS.COM poss , ARCHITECTURE + PLANNING 1 / 1 / 11 , fl , « H: / - TBM EL - 8090.72' FtID # 5 REBAR & CAP , LO-[ 44 w K \ / 605 EAST •A,4 ='qEE' A=P€, 1 1., 1 41[,5* ~ / TEE BOX / Consultanl ~ FND 45 REBAR&CAP **Br<,:.. ~,~ F* - --- ----- M~RKED LS20133 1' 1 ...... ~ *-.: il,/ f 44//2////. . il -.10 - -\ F- FND # 5 REBAR & CAP ,' ~ 1 « L ' z TEE BOX ~ .A 1 1 MARKED LS2O133 \ 1, L -- 1 77 95 // , EXISTING TREE i \ TO REMAIN F TEE~ 1-€ 13 Issue 4 26 rI>*cv,LPi URE rA~1\t k.\\401@ L./' 09 :6 2011 50rl-W /1 LAbly 6.31' SLOPE ~ ...4 74-131) IN/\Sk 03 l .(*11 1 46 0, 21'/.17:,4 ~ ©1 \ \ / TERRACE \ TEST PIT « 1 1 .1 --1 9 . 4.ARC 1 INAL St 'B>,11 1 l Ai 0610 2014 100"t.· [» PHA>,1 SURVEY COUTRO[ PT. .1 V\\ -- -*6"**P LOT 43 07 25 20It P~)(;RI» \A 1 ' GUTTER AND DOWN..POUT ~ ~'; f, b~~~|/ I Ed 8107.22 n » -- 1 , \ I ill 5 411, ./. 2 3 65 30 14 l'FRM I tai" [th 1 4 3,064 ACRES +/- 0-3 00 24 '014 MING€1 I 0.. 2014 N K>./I [ · I-' •7N«3-=-;~ b> I TEE BOX J \ 1 \ \ i ArK li e. 69/6/1 . 11 3 - LA % , p ANg: '.P_i \.AP J °t. ~.. r~ 14 p8O1 .tq \ 1- DEVELOPMENTENVELOI'EME~~'5 V 1 r,·i,i WAY . ~ - 'C''i ~~~~.3~ BUILDING ENVELOPE Zfle 71,4 VIN 'tj 7 H tulut'.0,>3%1?POUT ~U 12k' + . - : ·· 1«--9-r F : 7 + , PINISH FLOOR LOWER LEVEL f-- j,·1 \ r ERRACE/A t ~EL®81.25 7Ir.flit- .<11». ··\ GOLF COURSE 1 1 ''#~' I / , , ~ EASEMENT AREA -1 ll<¥E....1 \ n ..~:'. \\. : , , 5/1 ~4 1 VIN 41 1 »3\{L. 1 1 4 , \2131 >1 9 '~MaM ZELMAN RESIDENCE 1 ~ FXISTING- I 'SA,·.9*K\#. ~, .\ ~'~.. 9 -* ~ 1% b\\19 1 1 Lt..1, 86*N 1 ':, AMIF .../4- , 651 PFISTER DRIVE ASPEN, COLORADO 81611 CARTPATH rj)'-:--fit f \\ \ l. 41 \ A\ .... e \,t=ZE~\ 1 9. I\.E 1% Aff..4. 14,1 ....:=:.tr:fo.1-\ .24/-3 ,\. \ ~ TEAACE ~ :" 1 041 36 ' L---n ' ¥-ll.:. -- €m 1 #AND DOWNSPOUT , /7\ . Wi HEAT TAPE ITY, 1 u. , Iht ~ 11 1 - -- 4-33. . . 2 1 ¥,1..~,9,3~ & ~'~ \\, '' '',~kffiRcmr7,1.--22,-~--7-/d/mt\\ ° -- I ·/; · U, , 1.21.04*MAIN~L-,r '- CI) 2~_ / NORTH LOT 42 - PROJECT NO 215 92 - 21343.00 FND 05 REBAR & CAP ~ i 53500 82 2 I 1 RKED LS20133 ~ - _,_1_1 L _u___ _ ~377 A 1 EXISTING TREE 1 ARCHITECTURAL SITE PLAN SHEET TITLE ro REMAIN D . , FY-3 ARCHITECTURAL SITE PLAN A001 1 / SCALE 1.20-0 A~ 1 - r 0 2014 -• i ·A.~ 0- p -7.9,!A I•. 1 1.'~r'IN'¥4•'Fr .. 64 p- 0,El,FIM 11 I'll , .IIi , I w · . •. ./ ... -/ PE- 1, . ... 10- 4/ 1 - '/ I~!*tai 1 ...11 •- I - 41•L '.. A- ..... 4 .'/ . _.....I. • .0~u SP¥*In'. 3MHGH31138 --/-741--2 0608-~* 12/15/2014 105256 AM Legend and Nkes Legend - Improvement Surveu P Lal + - 0 indicates found monument os described - Beorings ore based upon o % rebor and #legible red plastic cop found ~ Found #5 Rebar and Plastic Cop , Morked L.S.20133 Lot 43, Maroon Creek Club Sub division and P. U.D. at on angle point on the easterly line of Lot 40, and o PK nail ind #feglble washer found at the easterly corner of Lot 39, using 0 pvC o becring of S 60'03'20- E between the two descnbed monuments ~ Electric Tronsformer According to the plat thereof recorded in Plat Book 33 at Page 4. - This prwerty is subject to apparent easements for existing ut#ities. - This survey does not represent a title secrch by this surayor to determine ~ Telephone Pedestal ownership or to discover eosements or other encumbronces of record, 01% City of Aspen, County Of Pitkin. State of Colorado. infomation pertaining to ownership, eosements or other encumbronces of i Curb Inlet CJ Aspen record has been taken from a title commitment issued by Westcor Lond Title ~ Curb Service . I Insurance Company. Inc. dated July 26, 20131 Flie No. PCT23778WL &: I. - The unit of measurement used for this sur,ey is the U.S. Suney Foot. J...J%41/ IR Electric bleter :~ Spruce - This Improvement Survey was performed in February, 2014. «Ar*:kG: ® Sewer Monhole . B.,. - This area is in Zone X (area outside of 500 year flood plain) per ARM ~08097C0203C dated June 04, 1987. - Due to snow cover at time of survey some impromments and topogrophical features The Land referred to in this Commitment dated July 26, 2013 is located in the may not be shown, some of the 8/te deto# hos been taken fkom previous surveys. GRAPHIC SCALE County of Pitkin, State of Colorado. and is more porticulody described as fo)lows - Ph/3 p,4,0,0/ may be sub»ct to appmant easements hy 0,#st,»g ut/litiesz trals m~~~~<, „ x . i. T e:' Box - .- City of Aspen and ditches , GPS-13 (NAVD 88) LOT 43, MAROON CREEK CLUB, os shown on the Final Subdlfsion Plat & PUD for - The property shown on this plot may be subject to the following United Waroon Creek Club* recorded November 15, 1993 m Plat Book 33 at Page 4. States P.tents A /„-11.-/ f recorded in Book 55 ot Page 191. ( IN FIET ) - Tms property Is subject to reservotions, restrictions, covenonts and easements 1 inch - 30 M. of record or in pjace or w shown on the above mentioned Final mot , City of Aspen - This property is subject to an avigation eosement recorded in Book 730 at ~ S-159 (NAV[) 88) This property is subject to the falowing exceptions per sold 71tle Commitment No. PC723778W4 ' , Page 690. f 9 - Thls property is subject to a Holy Cross Trench, Conduit and Vault Agreement /2,1 A *5 the scme be found to penetrate or intersect the premises hereby granted as reserved in ;~~ z R,·ght of the proon-etor of o *n or /ode to extroct or n,non his on, thwebm. should recorded in Book 755 at Page 55 * k .1,6 -1 Un,ted States Patents w rded August 26. 1911 /77 800* 55 at Pages 189 and 191. ,/./ 4% 7 : ..... . 4/ / 4 · 1, 6 # 41:1027 -0 0 i - Bu#ding envekpes are as shown on the above- mentioned Flnd Plot. I ... 8. Eosements. rights of way and oil matters as disclosed on Plat of subject property ' (Envelopes are not dimensioned on said Find Plot.) recorded November 15.1993 in Plat Book 33 at Poge 4 ond Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Urnited .CQ) i / ~i, ~ - /ndicates Wopes of 0-20% (no hatching) .. m o. Uability Compony recorded Februory 17, 1994 in Book 742 ot Page 117 and 121 ond - ...,d.LA. '·4 \ TM Ov *= 8095:,e · · Annexation Plat recorded February 6. 1997 in Pkct Book 41 ct Page 77. Fd 05 Raor & Cap . ~. Rose te/ms, cond-tions, prows,45, obligations, easaments, rest,fctions, assessments ind ~ - indicates slopes of 20%-30% (Dots) 0 15 R/bar 6 C.p Marked aN matters as set forth in Moster Dedcrotion of Protective Covenants for Moroon Creek Club ~ - Indicates atopes of 30% and greater (Dashed) , .a -% . 1 . Ualm 432 95' recorded December Z 1993 in Book 733 at Poge 598 ond First Amendment thereto recor·ded . r N February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor- I J N '\ t" Declornnt for Moroon Creek Club recorded May 11, 1994 in Book 750 at Poge 242 Second ( Tee Box~ Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and 1 i_) .\2 \ 436 /19·3632'W· I Restated Third Amendment thereto recorded July 26. 1994 in Book 756 at Page 597, Fourth 00 ' 1 I' i :10. Amendment thereto recorded July 26. 1994 cs Reception No. 396947, deleting therefrom any Frld ·15 Rebar & (04' ~, ~ \ 1 V> ~~d?' d' , birk,ct LEal33 / . r sex, handicap, bmilial status or national origin. - . 9 --54 restrictions indicating preference, limitation or discrimination based on roce, co/or, religion, 1,4~09[1©23/ug~\J '''k / . Tee Box :·01 2 Un 10. Terms, conditions, provisions. objigations and d matters as set forth in Subdivision I /0 / Improvements Agreement recorded Nommber 12, 1993 in Book 730 at Poge 608. 1*0 . . m e 11. Terms, conditions. provisions, obligations Ind all matters as set forth in Final Plat 77 95' . ./ - 0 Page 245 as Resolution No. 93-104 and Devejopment Order amending Final Pjat Resolution 9 " Resojution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at 1 *\\\ 4 1 *yn#\, \ , 1,25'L---271 recorded Januory 7, 2011 as Reception No. 576600. 1 < Tee 804 Cb· 5 1 Tee U ~ t'#H-WH \\ . Page 690. ~~~ ~ 13. Terms, conditions, provisions and obligations of Water Service Agreement between The City --- L-----7 12. Afgation Easernent granted to Pain County recorded Novernbic 12, 1993 ir Book 730 ot 1-4-IJ'~ +'uck,Hox, f\\ 1 34 \\ \\ \\ \\6 , - 7- of Aspen and Pearce Equities Group M, Limited Liability Company, c Utah Limited Liability 4 Company. recorded November 15. 1993 in Book 730 at Page 797. Assignment and Assumption . of Water Lease Agreement recorded Nove,nber 15. 1993 in Book 730 at Page 865, , Assignment ond Assumption Agreement recorded January 7. 1994 in Book 737 at Page 899 %·ex El.v. 22 =1055: 49 . __-T / .4 - and Amended Assignment and Assumption Agreement recorded April 11. 1994 in Book 747 ot .. Page 191 ond Fht Amendment thereto recorded October 17, 1997 as Reception No. 409559. -0 Tee Box~ (i .< 14. Terms. conditions, provisions and obligations as set forth in Trench. Conduit ond Vault 94 6/ ' ./. . e 0.0 1 «...4,4,17.2.4-\ \ \>\ ~ r m <a. Agreement with Holy Cross Electric Association. inc.. recorded Jury 11. 1994 in Book 755 ot 4 9/ \ 4 I Page 55 ~- . r.O\1-7-1 _> 24 49 1 \ h \ -0 97=4 Rock Valk - . ~~~~j 15. Terms, conditions, provisions, obligations and d matters as set forth in Resolution of the / A / . 7 7 - Board of County Commissioners recorded August 28, 1985 in Book 791 at Page 821 os , h L -, ' .. . L L np 1-k,d Resojution No. 95-128. LS20133 \ \ 9. 1 YA -1,0.-3.t:= 334'tchtig\Envelopt , \ .. 09 16. Terms, conditions, provistons, obhgotions and di matters as set forth in Ordinance No. 34. 1 1 Series of 1996 by City Council of the City of Aspen recorded Februory 1, 1997 as Reception No. 401985. Ordinonce No. 33, Seric.9 of 1996 by Aspen Clty Councif recorded Februrry y .\\\ \\\4 7.st Pl G 1\51' 3 -- v g I I 1997 Gs Recaptica No. 401984 ard Odinerce No. 40. Series , f 1995 recordod Apt,2 4 . 7 View:*rof'=«I ,1\: \\ 1 UD Ul as Reception No. 403224. y=--€-1 ' \ 1 ~ \ J k \~~ 1 \ · 12 76,ms. condit/0,4 pro,7:9ions ond ob/*at/ons cs set futh h Grant of Easement to . 03 7 ... %0 /-1 ' N Comcast of Colorado/Floride inc. recorded November J. 2008 as Reception No. 553987 4 k \-' k e.#\1\'' l ~ ~1~ 1 ~ UN 3,064 acres +/- .4. 4, E-".6.1- - - . C 18. Terms, conditions, provisions and obligations os set forth in Notice of Approval for on v_ . Insubstantiof PUD Amendment recorded February 29 2012 as Reception No. 587075 16 . $ ~ 19. Encroachment of landscoping on Northwest Corner of Lot cs disdosed by Survey of . <1 6' PVC Vent ' 0. U ¥- 1 i. , . 11 1 , . , \ \ \ 1/ i\ \ ct • Fnd .5 Rebar Stephen L Ehlers dated hne 26, 2013 os Job No. 2001-242.004. (Not o recorded document) ~ · L ;3Nt#/*.d cannot verjfy due to snow cover. 526.97' 1 \ C - 4-4 BOTH FOUND AND SET, UNDER MY DIRECT SUPERVISION mD CHECKNG; THAT iT 311,05 suRVEYOR'S CERIECAIEL Wre-/1/It. IN \1\ \# C \ . - * x j/tr "r#,c, #74_ .,) , T . <:lonl--1- N I \ exh tD,:44pmen: ,,5.--' i 1 , 4% \. - 4 7 \ 1.1 -1 ~~ Vicinity Map 1"= 1000' 1, .EFFREY ALLEN TUTTLE, BONG A PROFESSONAL LAND SURVEYOR #N THE , ~ STATE OF COLORADO TES IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL MONUMENTED LAND SURVEY OF -THE PROPERTY CORNER MONUMENTS, a»«10«»991914«9« ~- ~ - I ·i:i#Ef ** TH W.57745./9ky »-1 ..C' IS CORRECT TO THE BEST OF UY BELIEF AND KNOKEDGE AND THAT All. DIMENSIONS, BOTH UNEAR AND ANGULAR WERE DE7ERMINED BY AN ACCURATE ALTA/ACSM LAND TITLE SURVEYS): 1 FURTHER CERTIFY THAT THE IMPROVEMENTS CONTROL SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A UMI OF 1 IN 15,000 (WHLCH COMPUES WI~ COLORADO PROFESSIONAL STANDARDS . a /'F LA . 73 444• 9.I FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR 5' Rock Lined Ditch , i.-h. ~- i ,~. 2' 'FVIL .: ON THE ABOVE DESCRBED PARCEL ON THIS DATE, FEBRUARY 17, 2013, EXCEPT ex- 1 f ijjp~q> * 2 -~'. ··. ' 4 -I £ ~, 0 . af: 26.$226.·-,fL 17. u -2 UTIUTY CONNECTIONS, ARE ENTIRELY MTHIN THE BOUNDARIES OF THE PARCEL 44 Ill .1. EXCEPT AS SHOWN AND THAT THERE E NO APPARENT EVIDENCE OR SIGN OF % Mer·:4 -0* ~ ' ANY EASEMENT CROSSING OR BURDENING ANY PART OF SA]D PARCEL EXCEPT 4 k ·2 • I I AS NOTED. EFREY ALLEN TUTrLE LS. 33538 DATE 1 --34 0. P .. <+·~·->,4-· f --1,7 4.22.Illf{%04'414 4 CURVE TABLE 9 i :42 4 1 i 1 -- ... 4 1''Lm, 1.j.2.4.01-:2'... 1,?1J % .* CURVE RADIUS LENGTH TANGENT CHORD DIST. CHORD BEARING DEL 734 r . 01 180.00 37.85 18.99 37.78 30707'28"E TUTTLE SURVEYING SERVICES I,~4 I '../.-# 4.~, you T.# comm,nce -Ss 020 1 ~my le,al act- -ed upo~ en¥ deject 1,1 727 Blake Avenue fh= 51,~ ** ~hree yea,s a.n- you Pfister Drive N.¢ 4,3/over *h defect # M event mal Glenwood Springs, Colorado 81601 Improvement Survey Plat Date: 02/17/2014 any Ugat act,on based uper. m. defect tn #Us surwy 6, comm,ned mors .an hen v,ars 928-9708 (FAX 947-9007) Asper Coto'ra,do 81611 1/2014\MAR/0/4 CREEK yem th, dair ef £40 %/Mano. Shew': h„eon TUTTLE SURVE ; SERVICES ss-us. com LLIB\,1,-lot41/1.g . 1 rTTI poss ARCHITECTURE + PLANNING r ENTRY DECK AREA -11 1 1 7 SF - --I a id| S.- V/xy/ 55¥' 60' EAST MAI~ STREE- A~PE~ CO~CRADD 8£61' UPPFRI Zt'~RFA 12 bt-- C~sullant F. 1 1 1 24 SF 5,069 SF PATIO ON GRADE AT I OWER LEVEL AREA L MAIN I EVE! AREA 21 J (EXEMPI 1 UPPER LFVEL DECK AREA - U MAIN [ FVF[ DECLARF.8.-11 -~ 142 SF 1.069 9 Of, [6 20[4 50%-DDPILAM: 0606 20[4 79%.DDMLASt 06 tOmi4 [00% - [3[) [liAM - UPPER LEVEL ~ MAIN LEVEL 07 25 20/4 Plic ©REO '4 / 08.06 2014 hARC [ IN AL 51 'BM[ 11 Al C / SCALE SCAL. 1/16' - 1'.0 1# 2014 r! li>.l! 1 1205 2014 M RMI[ i „4.11/EN/53 00.24 2014 I'Rk ·IN< "1· I - BASEMENT LEVEL AREA LL 497 SF ZELMAN RESIDENCE , /1 651 PFISTER DRIVE ASPEN. COLORADO 81611 1 1 -/%33 1 --7 -- LOWER I FVFI. AREA 1. L 2 L 3,476 SF - 11 / 0 0 1 I - $ 1 - kn-22*/ GROSS BUILDING AREA BASEMENT LEVEL ARFA 81 SASEMEIIT LEVEL EL 3439 9 IEXEMPTI I. ' 3.439 SE 1 1 %41 0 ~~_ , ~~~' ~ LOWER LEVEL LL 497 SF IEXEMPTI I. ' fri:~-fr~ ~- ~ LOWER LEVEL LL 3,476 SF MAIN LEVEL Ll 5,069 SF / UPPER LEVEL L2 1.321 SF OVERHANG FAR 37 SF 9.903 SF 10.00-SF [ALLOWABLE] F.A.R. 9.903 SF [ACTUALI PROjECT NO -Z%,C - 1! L- LJ ~~~u-~426~~~~'~'Ef~ ; EXTERIORAREA 2848.00 PATIO ON GRADE LL 3,705 SF [EXEMPT 1 MAINLEVEL DECK - Ll 1.069 SF 124 SF li MASTER DECK - Ll i ~ 1 ENTRY DECK Ll 117 SF SHEET TITLE UPPER LEVELDECK L2 142 SF ~,%55:3<:i:i·:69:88641 UL_d d L ~1.-,1 1,452 SF [ACTUAL] FLOOR AREA DECK AREA AT 15% 1,500 SF [ALLOWABLE1 CALCULATIONS PATIO ON GRADE AT l OWFR l FVFI ARFA I I 3.705.00 SF 9 t 01 LOWER LEVEL 06 BASEMENT LEVEL Z004 ~2 ; ~1 , / SCALE .16' = 1-0 ~ j SCM 1/16 =1'.0 .-% 0 201, b , -3 1 .% I ¥ /14'/CsJl....THE ·- i JREAND'L-f C 1. . 1.. .0-1 rTHEfm~RW01'TEN / ' 1 ./ . '1 - 'ANC;iA// CPyRL,ITTHERE-~ 12/15/2014 1 23 18 PMI poss ARCHITECTURE + PLANNING -1 -----4 fl - .-- ------ ---- --- ---- ALLOWABLE OVERHANG | ~ ~ f- O.H. AREA AT 5' To 10' PERIMETER PERIMETER - i 4:11 ---19{ ~ -- - :54 ACTIJAL OVERHANG 41 PERIMETER /*16.5 7/3- 1% 1 1 Lit/- O.H.-152 r.%?TER 0 1 1 0 \\ 605 EAST MAIN ~TREE- ASPE' ~0*ADD 8[Bl \ Al I OWAR E OVERHAIL PERIMETER 3 1 Consultant 12' - 7 1/4·--. -.-i]In i ill h, 1--El 11 1 4- 1 ~ UPPER 1 FVFI FI OOR PI AN _ _ 92-3 -LE(U//A, IdAIN LEVEL- FLOOR PLAN 1 = - 411 Tuar*A , 1 21] mil L-31 $ Tilli OVFRHANG _j I PERIMETER .~ | -CRE~L1JN:57104 21----- Q,t!.AE!€ALE_lp 10'- 5 1/4 119 8 7/8 Issue 10 PERI'.IET,R 05 16 2014 50% 111)]ll.1 06.00 20[ 4 79'N• IM) PI 1131· C -) UPPER LEVEL 03 MAIN LEVEL 0.10 20[4 1{10% DDI'll.Abl: "4 j 07/2014 ['Rt)(rRU·Yi \ / SCALE 1,16'= 1'-0· (V, SCALE 1/16'= 1'-0 0806 2011 'Al« 1 [NAI thi BMI 1 / Al 3 0905 2014 M IMH 00.24 2014 PRI [NO .1 1 12.05 2014 PERMIT COMMI:N IN ZELMAN RESIDENCE ALLOWABLE OVERHANG PERIMETER 651 PASTER DRIVE ASPEli COLORADO 81611 ACTUALOVERHANG ,-r'.A PERIMETER 1-140 Il_:-i#fj 4 1 8, ~47-- - f n:9 --1 r.,1 2 1 1 1 1 LOWER LEVit. 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