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Home My WebLink Aboutcoa.lu.ca.520 N 8th St.0037.2015.aslu0037. 2015, ASLU 520 NORTH EIGHTH ST INTERPRETATION 273512114003 U UA 0 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0037.2015.ASLU PARCEL ID NUMBERS: 2735-121-14-003 PROJECT ADDRESS: 520 N EIGHTH ST PLANNER: BECKY LEVY CASE DESCRIPTION: INTERPETATION REPRESENTATIVE: JOHN S. MORRIS, JR. DATE OF FINAL ACTION: 04/24/2015 CLOSED BY: ROBERT GREGOR ON: 06/02/2015 THE CrrY OF ASPEN Land Use Application Determination of Completeness Date: April 14, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for an Administrative Determination — Yards and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. a Digital copy of the application (PDF). Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Acity , em' 'cker Technician Co unity Development Department For Office Use Only: Mineral Rights Notice Required Yes No_x_ GMQS Allotments Yes No__ Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 15-20 vJ 8 S Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, -e_ . (name, please print) being or representing hn Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. _ _ek signande The foregoing "Affidavit of Notice" was acknowledged before me this _'�_ day Of , 20Q_T, byo i� )en Times PUBLIC NOTICE RE: YARD DETERMINATION - 520 N. 8TH STREET NOTICE IS HEREBY GIVEN to the general public of an Administrative Determination pertaining to front, side, and rear yards for the following legally de- scribed property: Lots A and B, Block 8, together with vacated portions of North Street and Eight Street as set forth in Ordinance #11 Recorded on July 1, 1993, in Book 716 at Page 626, City and Town - site of Aspen, CO, commonly known as 520 N. 8th Street, by order of the City of Aspen Community De- velopment Director on April 24, 2015. For further in- formation contact Rebecca Levy, at the City of As- pen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2755. s/ City of Aspen Published in The Aspen Times on May 2, 2015 (11161270) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: - 6", ___Q Notary Public ATTACHMENTS: ,OPY OF THE PUBLICATION KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 My corrttriission Expires February 15, 2016 RECEPTION#: 619351, 04/27/2015 at • 10: 4 AM, 1 O� R $16.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CODE DETERMINATION OF YARDS ON LOTS A & B OF BLOCK 8, TOGETHER WITH VACATED PORTIONS OF NORTH STREET AND EIGHTH STREET AS SET FORTH IN ORDINANCE #11 RECORDED JULY 1, 1993, IN BOOK 716 AT PAGE 626, CITY AND TOWNSITE OF ASPEN, CO, ALSO KNOWN AS 520 N. 8th STREET RE: Determination of Yards for Lots A and B, Block 8 together with vacated portions of North Street and Eighth Street as set forth in Ordinance # 11 recorded July 1, 1993, in Book 716 at Page 626, City and Townsite of Aspen, CO, commonly known as 520 N. 8`h Street CODE SECTION: 26.575.020(E)(2) Determining Front, Rear, and Side Yards DATE: April 23, 2015 WRITTEN BY: Rebecca Levy, Planner APPROVED BY: YoirDate: Chris Bendon, Community Development Director DESCRIPTION: 520 N. 8`h Street is located in the R-6 Zone District and currently contains two residences. The parcel is bounded on two sides by a platted street and a public alley used to access adjacent properties on Block 8. The northern portion of the lot consists of the North Street vacated right-of-way. While the residence currently faces 8t' Street, the yard fronting the alley is situated along the block's longest block -face. The applicant has requested a determination of the front, rear and side yards by the Community Development Director, in accordance with 26.575.020(E)(2) Determining Front, Rear, and Side Yards. BACKGROUND: In 1993 the City of Aspen vacated the North Street right-of-way via the approval of Ordinance 11-93. The vacated right-of-way was subsumed into the adjacent lots, but maintained a utility easement for an existing water line. The ordinance placed a restrictive covenant prohibiting the temporary and permanent placement of structures - including roads, walkways and paths - in the North Street vacated right-of-way. Today the vacated right-of-way serves as an extension of the surrounding residential yards, and is not used as an access for any parcels. Along 520 N. 81 Street's southern lot line is an alley referred to as "North Street." Despite the reference, the right-of-way is technically an alley right-of-way, and therefore not considered a street according to the City of Aspen Land Use Code 26.104.100 Definitions: Page 1 of 2 u 0 Street. A way or thoroughfare, other than an alley, containing a public access easement and used or intended for vehicular, bicycle or pedestrian traffic. Title 26.575.020(E)(2) outlines the process for determining front, rear and side yards for the purpose of measuring setbacks: Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way.... The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line... Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. As a result of the passage of Ordinance 11-93 vacating North Street, the only street fronting 520 N. 8' Street is 8' Street. Based upon 26.575.020(E)(2), the front yard of 520 N. V Street is that yard which is adjacent to 8" Street. All other yards are determined by their location•in relation to a property's front yard. • DETERMINA ON • Staff determines that the front lot line of Lots A and B of Block 8, commonly known as 520 North 8' Street, is the western -most lot line that divides the property from the 8' Street public right-of-way. Thus the front yard of 520 N. 8`h Street abuts 8`h Street. The rear lot line of this property is the lot line opposite the front lot line, and is the eastern -most lot line that divides the property from the adjacent Lots C and D of Block 8. Thus, the rear yard abuts Lots C and D. The southern side -yard borders an alley that is signed "North Street." And the northern side -yard is adjacent to two platted lots along the parcel's northern lot lines. APPEAL OF DETERMINATION: Any person who has made a request for interpretation may appeal the interpretation of the Community Development Director to the City Council in accordance with the appeal procedures set forth in Chapter 26.316 Appeals. Page 2 of 2 0 0 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 14, 2015 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ADMINISTRATIVE DETERMINATION OF YARDS FOR 520 NORTH EIGHTH STREET Dear Sara, I represent Mr. John S. Morris Jr., the owner of the property located at 520 North Eighth Street. On April 9 you and I met to review a development analysis I am preparing for this property. Among the issues we discussed, one concerned the determination of the front, side and rear yards for zoning setback purposes. This determination requires interpretation because: (1) the property is a corner lot, located at the corner of Eighth Street and North Street; and (2) North Street has been vacated along the entire north side of the property, a situation which has not been anticipated in the Land Use Code. You and I reviewed Section 26-575-020 (E) (2) by which the staff would determine which yards are the front, sides and rear. It states that for a corner lot, the front lot line is the parcel boundary along the street with the longest block length. Based on this provision, North Street would be the front lot line, because North Street has the longer block length than Eighth Street. That would mean that the alley is the rear lot line and the east and west lot lines are the side yards. You and I agreed that having North Street as the front yard for this parcel creates unnecessary hardships and is not a logical outcome. North Street was vacated through this property and several properties to the east pursuant to Ordinance 11, Series of 1993. Therefore, it is not the appropriate side of the property on which a front entry/porch should be located. Rather, the front yard should be along Eighth Street, since this is where there can be some interaction between the porch and the adjacent public street. You pointed out to me the following language which is included in sub -section (E) (2): "The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination. " 0 0 Ms. Sara Adams April 14, 2015 Page Two We believe that this situation requires such an administrative determination by the Community Development Director. The Code did not contemplate the possibility of a corner lot being located along a street that has been vacated and turned into a densely landscaped area, which is the situation for this property. Therefore, we request that the Community Development Director determine the yards for this property as follows: Eighth Street = front yard; Alley = rear yard; East side = side yard; and North Street = side yard. This is the most logical outcome for this property, making it possible that re -development of the property can be accomplished in conformance with the dimensional requirements of the underlying R-6 zone district. The R-6 zone district imposes the following setbacks for a lot having a gross area of 13,215 square feet: Front = 10' (principal), 15' (accessory); Rear = 10' (principal), 5' (accessory); and Sides = 15' each and a total of 43' for both yards. I attach a copy of the current improvement survey illustrating existing conditions for this property to help you to see how these minimum setbacks would apply to this property. • The front setback should be along Eighth Street, allowing the front entry/porch to be placed on the side of the property that interacts with a public street. An applicant would likely want to locate a new house behind the trees that are planted within the vacated street. Doing so would require the applicant to obtain a variance from the residential design standards "build -to line" to build that far back from the setback. • Sub -section (E) (2) states that the rear yard is located opposite the front yard. This is not a logical outcome for this property because the residential design standards require the garage to be located off the alley (all of the other properties along the alley have their garages in this location) along the rear lot line. Therefore, we would suggest that the alley be designated as the rear yard. • The east side of the property and the North Street side of the property would _,Ltherefore be designated as side yards. Ordinance 11 of 1993 requires that no 4" structures be located within the vacated street. This will provide an ample setback �CJu �\00 on this side, allowing the total side yard requirement (43' of side yard) to be met. It 6AE yafd s may prove quite difficult to achieve a 15' setback along the east side of the property Shay „N!� C_ due to the narrowness of the east/west dimension (just 60' outside of the vacated e street) which may necessitate a variance in the event of re -development of this lot. i S n . AA u YCL IN .A t(A , Wltiy v D aCQ c vC�.n . q►nc, he r.rC �s �Q 0 • Ms. Sara Adams April 14, 2015 Page Three We would ask, therefore, that the Community Development Director issue an administrative determination designating the yards on the property as listed above. While there is no "perfect fit" for the yards on this rather unique property (all options appear to lead to some need for variances due to the presence of the vacated streets), the designations we suggest will result in the minimum need for setback variances and allow for the greatest level of compliance with the residential design standards. The required application fee and other necessary City forms accompany this application letter. Please let me know if there is anything else you require as you process this request. Sincerely, ALAN RICHMAN PLANNING SERVICES, INC. *--W Alan Richman, AICP 0 f 00 2,-7 - 2C 15- 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 by the property owner or Attorney representing the property owner. Property blame: `� pL.r• 5 . tM otter: s , a a . Owner ("I*): Email: , I - Phone N C L >2 "'> . 1�jt11��iZ�i'S Address of 1` Property: (subject of �15 V.0, { q Sk1. t application) I certify as follows: (pick one) E This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ 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. Evidence of approval is attached. ! understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or eff�ct of private covenants or homeowner association rules or bylaws. I understand that this documelrit is a public doc ent. Owner signature: VL "/�'-� date: Z- / t: J Owner printed name: or, Attorney signature: date: Attorney printed name: A f41 4 2015 CITY OF ASPEN _ OMMUNP DEVEL4PbE!�! i Al� .20�S APR 14 2015 APR 14 2015 ATTACHMENT 2 -LAND USE APPLICATION `�o OF ASi , 0� ASPEN PROJECT: onoi Name: �w.�`^�S�Y�✓�- `lJC2Aw..�A�a� of `AiZdS Location: S 2.0 r\c (\' (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) al3 S t ;L \ 'A 03 APPLICANT: Name: Address: S ;-o no,N, �.,� 1� S 1..,,., Co ! t(o % I Phone #: REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condom iniumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Ow..h QtC -t&— ❑ Conditional Use EXISTING CONDITIONS: 1 iption of existing buildings, uses, previous approvals, etc. PROPOSAL: (description of proposed buildings, uses, modifications, etc. n tri ve you attached the tollowing' FEES DUE: S W_ l Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form [� Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 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 of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 7, , b•RI:Ri�Aw`i FYL�s OPR 1 4 2015 Agreement to Pay Application Fees An agreement Detween the Uity of Aspen (-0ty-) and Property Phone No.: Owner ("I"): °� S ° +Z` S Email: Address of ao t\Billing S-a.. NQ Property: Address: (subject of C-0 'F5 t t (send bills here) Pr". VJ— Co application) 1 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 fiat fees are non-refundable. S.0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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 in processing the application. I 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 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. F\4t $ ` deposit for ireQ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $326 per hour. $ 0 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: Prope weer: Chris Bendon f !-- Community Development Director Name: J L1/ %, 11 r-Received: $ 1 January, 2Q13 City ofAspen � 130 S. Galena St. � (970) 92Q-SQ90 • 0 EXHIBITS • EXHIBIT #1 0 PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: March 12, 2015 at 8:00 AM Case No. PCT24345P 2. Policy or Policies to be issued: Proposed Insured: TO BE DETERMINED 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOHN S. MORRIS JR 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: Lots A and B, Block 8, City and Townsite of Aspen TOGETHER with vacated portions of North Street and Eighth Street as set forth in Ordinance #11 recorded July 1, 1993 in Book 716 at Page 626. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: EXHIBIT #2 Ms. Sara Adams City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR 620 NORTH EIGHTH STREET Dear Jennifer, I am the owner of the property located 520 North Eighth Street. I hereby authorize Alan Richman Planning Services, Inc. to submit an application for an Administrative Determination to determine the yards applicable to the property. Mr. Richman is authorized to submit the land use application on my behalf and to represent me in meetings with the staff and the applicable decision making bodies. Should you have any need to contact me during the course of your review of this application please do so through Alan Richman Planning Services. Sincejre/1Johnorris Jr. 520 North Eighth Street Aspen, CO 81611 • EXHIBIT #3 • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY ." GENE T PLANNER: Sara Adams, 970-429-2778 DATE: 4/13/15 PROJECT: 520 N. Eighth St. 4 REPRESENTATIVE: Alan Richman, 920-1125 CITY OF ASPEN REQUEST: Administrative Determination �TM �1OWN DESCRIPTION: The property located at 520 N. 8th Street and is bounded by 8th Street, an alley and a vacated right of way. The Land Use Code (Section 26.575.020.E Measuring Setbacks) does not specifically address the setbacks/ yards for 520 N. 8th Street. Part 26.575.020.E.2 of the Code states "The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination." The applicant requests a determination of setbacks for the property. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Inttp://www.aspenpitkin.com/Portalsl0/flocs/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20app%20form.p df Below is Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.575.020.E. Calculations and Measurements — Measuring Setbacks Review by: Staff for complete application Public Hearing: no. Planning Fees: Planning Deposit — Flat Fee $81 Referral Fees: None. Total Deposit: $81 Flat Fee To apply, submit the following information: (1 copy please) • Completed Land Use Application and signed fee agreement. • Pre -application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ASLU Admin. Determination 520 N. 8th Street 1 I-- w w � � � 2 � 2 (D w O Z O N� Lr) ct� 0 LL � Q w � Q � Q � 2 X w \ / LLJ \6 $\\ <g0 LL�u 0 0 u \a\ \ Lu \\ //V) EEz uu� <\p \\ �4 0 z \\/ opu z�\ < F- < /�0 \ / / u/2 / O e \\\ \ ®ORTH \ G 7z \ { { \ � § ! # a_ / � ) ' <))f ¥ <=@£e= / \ \/(() Z\ \ ��\ / / ` / } f f Z 7 0 • �.�351ZIt��3 Permits File Edit Record Navigate Form Reports Format Tab Help J iX '` Jump 1 Main Custom Fields Routing Status Fee Summary Actions Routing History "o rernm type i'�,: Ilr. II L0111 UJ, rermn t I:vJI LV IJ P.VLV c N Address 0-20 PI EIGHTH ST Aptf Sutte 01 0 6 AN OC)3- ZcjS . AsLU City JASPEN State CIC Zip 81511 Perms Information Master permit Routing queue aslul5 Applied 041612015 Project Status -ending Approved Description APPLICATION FORADMIN DETENINMON - YARDS Issued 0osedJRnal Submitted Al A[I RICHIAM 9201125 006 Burning Days 710 Expires 0 10 2015 Submitted via Ovgner Last name MORRIS First name 10HII K0 H EIGHTH ST ASPEN CO 81N INN (9i0) 925 5421 Address WEA E Owner is applicant? � Contractor is applicant? Last name MORRIS First name OHPI 520 II EIGHTH ST ASPEN CO 61611 Dhnnc 55 Qi;-u—q r,.+.t ioiiu a �d.nrr AspenGold5 (server: angelas u $PAIn eAoS SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 139 at Page 216providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 11, Series of 1993 by City Council of the City of Aspen recorded July 1, 1993 in Book 716 at Page 626. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Restrictive Covenants for North Street recorded July 1, 1993 in Book 716 at Page 655, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 10. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 14, Series of 1997 by City Council of the City of Aspen recorded July 8, 1997 as Reception No. 409076. 11. Easements, rights of way and all matters as disclosed on Survey of subject property recorded July 9, 1997 in Book 43 at Page 18 as Reception No. 406177. 12. Right of way for the use and maintenance of the existing irrigation ditch along the southwest boundary line as shown on survey by Alpine Surveys dated August 29, 1997 as Job No. 92-79. • 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, ✓ • HOA Compliance form (Attached) • A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. • A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. • An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. Total deposit for review of the application.,/ Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2