HomeMy WebLinkAboutresolution.council.072-25RECEPTION#: 709726, R: $38.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 6, 06/04/2025 at 12:14:07 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #072
SERIES OF 2025
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.110.G,
SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE
DETERMINATION, AND A RESIDENTIAL MITIGATION DEFERRAL
AGREEMENT FOR 790 CASTLE CREEK DRIVE, LEGALLY DESCRIBED AS:
SUBDIVISION: CASTLE CREEK LOT: 9, COUNTY OF PITKIN, STATE OF
COLORADO
WHEREAS, on January 10, 2025 the Community Development Department
received an application from Patrick Rawley of Rawley Design Planners (Representative)
on behalf of James M. Cerise and Carolyn Barabe (Applicants) for the property at 790
Castle Creek Drive for Special Review for an Alternative Top of Slope Determination,
Residential mitigation deferral agreement, and Demolition Allotment pursuant to Land Use
Code Section's 26.435.040.E - Special Review, Section 26.470.080.d.13 - Residential
mitigation deferral —agreement, and 26.470.090.0 - Single-family and duplex
redevelopment or expansion that does trigger demolition as defined by Chapter 26.580;
and
WHEREAS, the Community Development Department Staff reviewed the
application for demolition of an existing single-family residence and redevelopment of a
duplex residence for compliance with the applicable review standards and on January 13,
2025, a Letter of Completeness was sent after reviewing the application for compliance; and,
WHEREAS, subsequently, on February 21, 2025, a Notice of Denial was issued
by the Community Development Director in response to the Land Use application
component under Section 26.470.090.C, requesting a 2025 Demoljtion Allotment due to
no available 2025 Demolition Allotments; and, 1 '
WHEREAS, on February 26, 2025, Community Development received an
amended application from the Representative on behalf the Applicants for the property at
790 Castle Creek Drive, pursuing a 2026 Demolition Allotment under 26.470.110.G —
which allows two additional, annual allotments for long-time locals who have owned and
occupied their homes for more than 35 years; and,
WHEREAS, further, the Community Development Department referred the
Application to the City of Aspen Engineering Department and the City of Aspen Parks
Department for the request of Section 26.435.040.E - Special Review; and,
WHEREAS, the City of Aspen Engineering Department, the applicant's surveyor,
and the applicant's planning team met on -site and determined an appropriate Top of Slope
as there is no existing Top of Slope on the property; and,
Resolution #072, Series of 2025
790 Castle Creek Drive
Page 1 of 4
WHEREAS, the City of Aspen Engineering Department, Representative, and
Applicant discussed and agreed upon a proposed Top of Slope and approves such proposed
changes to the Top of Slope with conditions; and,
WHEREAS, the Community Development Department referred the Application to
APCHA for the request of Section 26.470.080.d.13 - Residential mitigation deferral
agreement; and,
WHEREAS, APCHA and the Community Development Department found the
Applicant to qualify as a full-time local working resident and may defer the affordable
housing mitigation through a Deferral Agreement through the City of Aspen and APCHA;
and,
WHEREAS, Community Development staff have reviewed the application and
have provided a memorandum for City Council consideration recommending approval of
the request; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit
of public notice submitted to the record; and,
WHEREAS, City Council at a regular meeting on May 27, 2025, considered
Community Development's recommendation, reviewed application materials and heard
testimony from the owner of the property and/or their Representative; and,
WHEREAS, by a vote of five to zero (5-0) City Council approved Resolution #072,
Series of 2025, granting approval of a Demolition Allotment (Section 26.470.110.G), Special
Review for an Alternative Top of Slope (Section 26.435.040.E) with the conditions as
stated below in Section 2, and Residential mitigation deferral agreement (Section
26.470.080.d.13) with the condition as stated below in Section 3; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1
A. A 2026 GMQS Demolition Allotment is granted to the Applicant for the
property at 790 Castle Creek Drive.
B. The Demolition Allotment is granted per 26.470.110. G —Additional Allotments
for local property owners of Single -Family and Duplex Development or
Expansion that does trigger Demolition.
C. The allotment is subject to the following conditions:
• All requirements of the Residential Demolition and Redevelopment
Standards in place on August 8, 2022, must be met prior to building
permit issuance.
Resolution #072, Series of 2025
790 Castle Creek Drive
Page 2 of 4
• The building permit submission must include a signed and notarized
affidavit the property owner, or successors, will comply with the
requirements of the Building IQ program.
• The building permit submission must include a signed and notarized
affidavit the property owner, or successors, will comply with the
requirements of the Embodied Carbon requirement prior to receiving a
Certificate of Occupancy.
• Approval and related vesting are limited to the issuance of a GMQS
Demolition Allotment and Residential Demolition and Redevelopment
Standards. The property is subject to all other requirements of the Land
Use and Building Codes in effect at the time of building permit
submission.
Section 2:
The approved Top of Slope is identified in Exhibit A. The proposed remodel as depicted in
Exhibit A, meets applicable Review Criteria for Special Review with the following
Engineering conditions which shall be met prior to the issuance of a building permit:
1. Utilities/Water: The plans shown in the land use case are not code compliant but
demonstrate that the property will be able to comply with all adopted regulations and
ordinances of the City of Aspen. Plans that meet all adopted regulations and
ordinances are required prior to permit issuance.
2. Top of Slope: No development is permitted within the Top of Slope and Top of Slope
Setback. All removals in this area may only be revegetated with native vegetation.
Section 3:
Applicants qualify as a full-time working locals pursuant to the APCHA qualifications and
are therefore authorized to enter an affordable housing mitigation deferral agreement pursuant
to Section 26.470.080.d.13 - Residential mitigation deferral agreement. Furthermore, the
Applicants shall be eligible to participate in any deferral or fee waiver program offered to
residents that is subsequently adopted by City Council, even if such program is enacted after
the date of this approval.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
Resolution #072, Series of 2025
790 Castle Creek Drive
Page 3 of 4
FINALLY, adopted this 27 h day of May, 2025.
A-44
Rachael kichards, Mayor
ATTEST: APPROVED AS TO FORM:
Nicole HeACity Katharine Jo s n, City Attorney
Exhibit A — Approved Site Plan and Top of Slope
Resolution #072, Series of 2025
790 Castle Creek Drive
Page 4 of 4
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Exhibit A
Special Review Criteria
Sec. 26.435.040. Stream margin review.
E. Special review. An application requesting a variance from the stream margin review standards
or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special
review in accordance with common development review procedure set forth in Chapter 26.304.
The special review shall be considered at a public hearing for which notice has been published,
posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the
Planning and Zoning Commission.
A special review from the stream margin review determination may be approved, approved with
conditions or denied based on conformance with the following review criteria:
1. An authorized survey from a Colorado professionally licensed surveyor shows a
different determination in regard to the top of slope and 100-year flood plain than the
Stream Margin Map located in the Community Development Department and filed
in the City Engineering Department; and
Staff Response: The Applicant is proposing a new top of slope determination and has
submitted a survey from a licensed surveyor showing the proposed Top of Slope and 100-
year flood plain. The top of slope determination site plan was submitted by a licensed
surveyor and referred to the City of Aspen Engineering for review. The proposed top of
slope as presented, is what was discussed and agreed upon between the Engineering Staff
member and the applicant. The Engineering Department has confirmed the proposed
alternative Top of Slope as sufficient and consistent with the alternative. Staff finds this
criterion to be met.
2. The proposed development meets the stream margin review standard(s) upon which
the Community Development Director had based the finding of denial.
Staff Response: Not applicable as proposed development does not necessitate a Stream
Margin Review, therefore a denial has not been issued.
LAND USE APPLICATION
James M. Cerise and Carolyn Barabe
790 Castle Creek Drive
Aspen, Colorado
PID: 273512206001
12 December 2024
An application for Demolition of the existing single-family residence and the
redevelopment of the property with a duplex and the establishment of Top of Slope.
Represented by:
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
2
TABLE OF CONTENTS
• Project Overview and Code Response
• Attachment 1 – City of Aspen Community Development Department Land Use
Application
• Attachment 2 - Vicinity Map and Parcel Description
• Attachment 3 - Improvement Survey
• Attachment 4 – Affidavit with Documentation Evidencing Ownership and
Residency
• Attachment 5 - Architectural Plans with Landscape Plan
• Attachment 6 – Residential Design Standards (RDS) Approval
• Attachment 7 - Civil Engineering Report
• Attachment 8 - Previous Approvals
• Attachment 9 - Proof of Ownership
• Attachment 10 - Letter of Authorization
• Attachment 11 – City of Aspen Community Development Department
Homeowner Association Compliance Form
• Attachment 12 - Adjacent Property Owners within 300 feet
• Attachment 13 - Pre-application Conference Summary
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
3
Project Overview
James M. Cerise and Carolyn Barabe (collectively the “Applicants”) submit this land use
application to demolish the existing single-family residence and to develop a duplex that
will serve as their primary residences. As the parcel is beyond the official City of Aspen
Stream Margin map, the Applicants wish to establish the Top of Slope from Castle
Creek. As part of this application, the Applicants will also seek Affordable Housing
Mitigation deferral as long-time locals.
The parcel is located at 790 Castle Creek Drive, PID #: 273512206001 (the “Property”).
This application is submitted in conformance with the Pre -application Conference
Summary PRE-24-003, dated 16 February 2024. Please note, the Pre-application
Conference Summary also contemplated the creation of an Accessory Dwelling Unit
(ADU). The Applicants will not seek the creation of an ADU at this time.
Property Overview
The Property is located in the Low-Density Residential Zone District (R -30) of the City of
Aspen and in the Castle Creek Subdivision. The Property contains 58,010 SF of gross
lot area. The Property extends from Castle Creek Drive on the west to Castle Creek on
the east. Red Butte Cemetery borders the Property to the north, with single -family
residential uses in the Castle Creek Subdivision to the south.
The existing development consists of a one (1) story single-family residence of
approximately 2,000 SF with a patio and wood deck. There is an approximately 650 SF
garage and a shed on the Property that will be removed during redevelopment. All
buildings are on the western side of the Property, above the Castle Creek riparian area.
The Cerise family has owned the Property since 1956. The Applicants, who are brother
and sister, have controlled the Property since 1981. The one (1) story single-family
residence was originally built in 1957.
Existing Site Conditions
The Castle Creek Homeowners Ditch enters the Property on the southern boundary line
and crosses the Property to the east before descending the steep slope. The ditch
wyes and feeds a small irrigation control structure immediately to the east of the existing
residence. This man-made water feature, along with a secondary pond, will continue to
supply water for irrigation on the Property. Discussions concerning the maintenance
and operation of the ditch have been pursued with the ditch company and the City of
Aspen Raw Water administrator.
Coniferous trees, planted by the Applicants’ family, line the western border of the
Property along Castle Creek Drive. Coniferous and cottonwood trees border the
northwestern edge of the Property adjacent to the cemetery. Aspens, serviceberry,
scrub oak, and other riparian plant communities predominate to the east of the home.
Castle Creek flows through the extreme eastern end of the property. Approximately
5,337 SF of the property lies below the high -water line of Castle Creek, as defined by
the City of Aspen Land Use Code. Portions of this area of the Property lie within the
Special Flood Hazard Area (Flood Area Zone AE). No development is proposed in this
area. An area of steep slope, which exceeds 40% in gradient, divides the Property. The
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
4
area of steep slope has a wildfire hazard ranging from “very high” to “low.” No
development will occur below the top of slope.
Taking into account the areas under the high-water line and areas of steep slope, net lot
area is calculated to be 41,371.5 SF. This allows 6,502.29 SF of floor area for the
proposed duplex use.
Proposed Development
The Applicants are proposing to demolish the existing residence and develop a new
duplex for their primary residences. The proposed duplex will be located in the same
general area of the existing single-family residence. The driveway curb cut for the
existing residence will access the proposed southern unit of the duplex. The curb cut for
the existing garage will be used to access the proposed northern unit of the duplex.
The garage curb cut was reviewed with Kyla Smits of the City of Aspen Engineering
Department. Kyla did not express concerns with maintaining the two curb cuts and they
were both shown on the 2012 GIS map. The Applicants will seek formal Engineering
approval as part of the redevelopment process. Residential Design Standard (RDS)
approval was granted Kevin Rayes on 8 August 2024. No RDS variations are required.
The architectural character of the proposed duplex enhances the neighborhood by
introducing two inviting front porches. The mountain -modern design blends the family's
history with the current Aspen aesthetic. Given this family's strongly rooted history in
Aspen over the last 70 years, we aimed to create a home that could be cherished and
passed along to future generations, much like their current home. The duplex features a
cohesive overall design while allowing for individuality on each side. By angling t he
building to parallel the southern property line, we achieved greater privacy for each
residence and capitalized on views to the east. The primary living spaces are all located
on the main floor to support multigenerational use.
This home is designed to be constructed with a panelized system, an efficient technique
that helps reduce costs significantly. The system utilizes airtight, high-performance
panels for the exterior walls, floors, and roofs, ensuring both durability and energy
efficiency. The construction duration and neighborhood impacts are significantly
reduced with panelized construction.
Affordable Housing Deferral
The Applicants look forward to seeking an Affordable Housing mitigation deferral in light
of their long-time residency and work history in the City of Aspen. The Applicants
believe that it is important that the City of Aspen recognize its long -time locals by
providing additional financial support in connection with the redevelopment of the family
property.
The Applicants are 5th-generation Aspenites and can trace their family history in the
Roaring Fork Valley to the 1800’s. The Applicants and their families have lived in Aspen
their entire lives. Carolyn Barabe and her husband Leo have a daughter who is a
teacher in the Aspen schools, striving to do the same. The Applicants look forward to
one day transferring the home to their daughter and her family to continue the tradition.
The Applicants urge the City Council to consider this in their review of this applicatio n
and they look forward to working with staff to create the family home for generations yet
to come.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
5
Land Use Code Response
Chapter 26.410. - RESIDENTIAL DESIGN STANDARDS
Sec. 26.410.010. - General.
(a) Intent. The City's Residential Design Standards are intended to ensure a strong
connection between residences and streets; ensure buildings provide articulation to
break up bulk and mass; and preserve historic neighborhood scale and character.
The standards do not prescribe architectural style, but do require that each home,
while serving the needs of its owner, contribute positively to the streetscape. The
Residential Design Standards are intended to achieve the following objectives:
(1) Connect to the Street. Establish a visual and/or physical connection between
residences and streets and other public areas. The area between the street
and the front of a residential building is a transition between the public
realm of the neighborhood and the private realm of a dwelling. This
transition can strongly impact the human experience o f the street. Improve
the street experience for pedestrians and vehicles by establishing physical
and visual relationships between streets, and residential buildings located
along streets. Porches, walkways from front entries to the street, and
prominent windows that face the street are examples of elements that
connect to the street.
(2) Respond to Neighboring Properties. Reduce perceived mass and bulk of
residential buildings from all sides. Encourage a relationship to adjacent
development through similar massing and scale. Create a sense of continuity
through building form and setback along the streetscape. Providing off sets
or changes of plane in the building facades or reducing the height near side
lot lines are examples of responding to neighboring properties.
(3) Reflect Traditional Building Scale. Retain scale and proportions in building
design that are in keeping with Aspen's historic architectural tradition, while
also encouraging design flexibility. Reinforce the unique character of Aspen
by drawing upon the City's vernacular architecture and ne ighborhood
characteristics in the design of structures. Encourage creative and
contemporary architecture, but at a scale that respects historic design
traditions. Ensure that residential structures respond to "human -scale" in
their design. Ensure that residential structures do not visually overwhelm or
overshadow streets. Windows that are similar in size to those seen in
historic Aspen architecture or limiting the height of a porch to be in line with
the first story of a building are examples of reflecting traditional building
scale.
The design of the proposed duplex complies with the City’s Residential
Design Standards and has received RDS approval. The proposed duplex
will be compatible to neighboring properties in both size and appearance. A
strong connection between the duplex and Castle Creek Drive will be
created by street facing elements as well as site features that will draw the
pedestrian into the site. The careful design of the duplex features various
forms that will break up the bulk and massing of the duplex. The design
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
6
also reflects the unique needs of the Applicants and will serve to continue to
function as the family home as the Property has since the 1950s.
(b) Applicability. Except as outlined in Section 26.410.010(c), Exemptions, this Chapter
applies to all residential development in the City, except for residential development
within the R-15B zone district. Specific applicability for each standard is identified
within each standard.
(c) Exemptions. No residential development shall be exempt from the provisions of this
Chapter unless the Community Development Director determines that the proposed
development:
(1) Is an addition or remodel to an existing structure that does not change the
exterior of the building; or
(2) Is a remodel of a structure where the alterations proposed change the
exterior of the building, but are not addressed by any of the residential
design standards; or
(3) Is a residential unit within a mixed -use building; or
(4) Is a designated historic resource listed on the Aspen Inventory of Historic
Landmark Sites and Structures. New buildings on a historic landmark lot are
not exempt.
Not applicable. The proposed duplex will be an entirely new
structure, is not located within a mixed -use building, and is not a
historic resource.
Sec. 26.410.020. - Procedures for Review.
(a) Determination of Applicability. The applicant may request a preliminary Residential
Design Standards pre-application conference with Community Development
Department staff to determine the applicability of the requirements of this Chapter
for the proposed development.
A pre-application conference has been conducted and feedback was
provided to the Applicants.
(b) Administrative Review. Consistency with the Residential Design Standards shall be
determined administratively, unless a variation is requested. The Administrative
Review process will result in a determination of approval or denial for compliance
with the Residential Design Standards.
The RDS were reviewed with staff administratively. Approval was
granted 8 August 2024. Copies of the approval stamped plans have
been submitted with this application.
Sec. 26.435.040. - Stream margin review.
(a) Applicability. The provisions of the stream margin review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high
water line of the Roaring Fork River and its tributary streams and to all development
within the Flood Hazard Area, also known as the 100-year flood plain.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
7
The Property is located beyond the official Stream Margin map of the City
of Aspen. Due to this, staff has determined that the Applicants will need to
establish the Top of Slope on the Property as part of this land use
application.
(b) Stream margin review standards. No development shall be permitted within the
stream margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all
requirements set forth below.
No development is proposed within the Stram Margin area. All
development will remain to the west of the delineated Top of Slope in the
general area as existing development.
Sec. 26.470.090.c - Administrative applications.
(c) Single-family and duplex redevelopment or expansion that does trigger demolition as
defined by Chapter 26.580 Demolition and Redevelopment of Single -Family and
Duplex properties shall require a land use application pursuant to Chapter 26.304, the
allocation of a Growth Management allotment, and shall provide affordable housing
mitigation in one (1) of the methods described below.
The Applicants are requesting the allocation of a Growth Management
demolition allotment for long-tome locals.
1) Applicability. This review shall apply to all applications for development and
redevelopment of single-family and duplex project that triggers Demolition as
outlined Chapter 26.580, unless otherwise exempted in Section 26.580.050.
The Applicants proposed the development of a duplex, following full
demolition of the existing single-family residence. The duplex will
be the Applicants’ primary residence.
2) Procedures for review.
a. General. An application for a GMQS review of the Demolition and
Redevelopment of a single-family or duplex project shall be
submitted (subject to the requirements of Chapter 26.304, Chapter
26.580 and Section 26.470.090(c)) and will considered in an
Administrative Review by the Community Development Director.
Following review, an approval would be granted by a recorded
Notice of Approval and the issuance of a Development Order. On a
single parcel, the Demolition of a Single Family, two (2) detached
dwellings, or Duplex residential structure shall require one (1)
allotment.
The Applicants request Administrative Review for
Demolition and Redevelopment of a single-family or duplex
project. As it is anticipated that no demolition allotments
for long-time locals will be available, the Applicants will
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
8
appeal the Administrative Review determination to City
Council.
b. Determination of applicability. The applicant may request a
preliminary Demolition pre-application conference with Community
Development staff to determine the applicability of the Chapter and
the application submission requirements. If a project is likely to
trigger Demolition, a meeting should be set up with a Zoning Officer
to confirm if the project is subject to Chapter 26.580, Demolition. An
applicant must request a Pre-application conference summary
outlining application requirements when a project tr iggers
Demolition pursuant to Chapter 26.580, Demolition.
The Applicants have held a pre-application conference with
Community Development staff and confirmed the
parameters of demolition and the process moving forward.
c. Timing. Applications for a Demolition Allotment shall be received
and processed on a first come, first serve basis. An application shall
not be reviewed or considered until determined "Complete" per
Chapter 26.304. An application may be submitted concurren tly with
a building permit application for the project. Once determined
"Complete" the application will be considered in order with any
other "Complete" applications, based on the date and time at which
the applications were determined "Complete". Once in review, the
ordering of applications for consideration of an allotment will
remain.
The Applicants are aware of the process for obtaining
Demolition Allotments. The Applicants will work with staff
to ensure the application for Demolition Allotment is
complete. As it is anticipated that no demolition allotments
for long-time locals will be available, the Applicants will
appeal the Administrative Review determination to City
Council.
d. Residential demolition and redevelopment standards. This
document sets the standards under which a redevelopment project
will be reviewed and will serve as the basis under which a project
will be approved for the issuance of a development allotment. This
document, as amended from time to time, is available on
Community Development's web page or may be requested from a
staff planner.
The Applicants understand the residential demolition and
redevelopment standards. The proposed duplex complies
with these standards.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
9
e. Combined reviews. An application for growth management review
may be a combined with development applications for other
associated land use reviews, pursuant to Section 26.304.060(b)(1),
Combined Reviews.
In addition to Demolition Allotments, the Applicants will
seek to delineate the Top of Slope. Additionally, the
Applicants will seek Affordable Housing mitigation deferral.
The deferral is an important measure that will ensure this
long-time local family will be able to stay in Aspen, a
community they had a significant part in creating.
f. Variations. An application requesting a Variation of the Residential
Demolition and Redevelopment Standards, or the review standards
identified below, shall be processed as a Special Review in
accordance with the common development review procedures set
forth in Chapter 26.304. The Special Review (Section 26.430.040(k))
shall be considered a public hearing for which notice has been
provided pursuant to Section 26.304.060(e)(3). Review is by the
Planning and Zoning Commission. In this case, the granting of t he
development allotment would not be granted until Planning and
Zoning Commission approves the special review.
No variations are requested.
g. Insufficient demolition allotments. Any property owner within the
City who is prevented from redeveloping a property because that
year's Demolition allotments have been entirely allocated may apply
for City Council Review for a Multi-Year Development Allotment
subject to Section 26.470.110(a).
As it is anticipated that no demolition allotments for long-
time locals will be available, the Applicants will appeal the
Administrative Review determination to City Council.
3) Review standards for projects requesting a demolition allotment.
a. Adequate growth management allotments are available for the
project and the project meets any applicable review criteria in
Chapter 26.470, Growth Management Quota System.
The Applicants understand the limited supply of Demolition
Allotments. As it is anticipated that no demolition
allotments for long-time locals will be available, the
Applicants will appeal the Administrative Review
determination to City Council.
b. The project shall meet the requirements of the Residential
Demolition and Redevelopment Standards prior to building permit
issuance. The project shall be subject to the Residential Demolition
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
10
and Redevelopment Standards in effect at the time of building
permit submission is deemed complete.
The requirements of the Residential Demolition and
Redevelopment Standards will be met prior to building
permit issuance. The Applicants look forward to working
with staff in this regard.
4) Application contents. Applications for a Demolition allotment shall include all
application requirements outlined in Section 26.470.130 and Chapter 26.304,
in addition to the following:
a. Demolition diagrams depicting total area to be demolished
consistent with the methodology outlined in Section 26.580.040.
Demolition diagrams have been provided depicting total
area to be demolished. The entire existing structure will be
removed.
b. A written response to all applicable review criteria, including
responses to the Residential Demolition and Redevelopment
Standards, as amended from time to time pursuant to Chapter
26.580.
The Applicants submit this written request to the applicable
review criteria and will continue to work with staff to ensure
all materials and responses are provided, as necessary.
5) Affordable housing mitigation requirements.
a. Affordable housing mitigation requirements for free -market
residential development that triggers Demolition pursuant to
Chapter 26.580 shall be as follows. The applicant shall have four (4)
options:
i. Recording a Resident-Occupancy (RO), or lower, deed
restriction on the single-family dwelling unit or one (1) of
the residences if a duplex or two (2) detached residences
are developed on the property. An existing deed restricted
unit does not need to re-record a deed restriction.
ii. Providing a deed restricted one-bedroom or larger
affordable housing unit within the Aspen Infill Area
pursuant to the Aspen/Pitkin County Housing Authority
Guidelines (which may require certain improvements) in a
size equal to or larger than thirty (30) percent of the
Allowable Floor Area increase to the Free-Market unit. The
mitigation unit must be deed-restricted as a "for sale"
Category 2 (or lower) housing unit and transferred to a
qualified purchaser according to the provisions of the
Aspen/Pitkin County Housing Authority Guidelines.
iii. Providing a fee-in-lieu payment or extinguishing a
Certificate of Affordable Housing Credit in a full-time-
equivalent (FTE) amount based on the following schedule:
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
11
a. Employment Generation Rate: 0.107 per 1000
square feet of Mitigation Floor Area.
b. For redevelopment or renovation of an existing
single-family or duplex that meets the definition
of Demolition (Section 26.104.100), all
Mitigation Floor Area (existing and new) shall be
calculated toward employee generation and
required mitigation.
c. Affordable housing mitigation must be provided
at a Category 2 (or lower) rate. Certificates must
be extinguished pursuant to the procedures of
Chapter 26.540, Certificates of Affordable
Housing Credit. Fee-in-lieu rates shall be those
stated in Section 26.470.100 - Calculations;
Employee Generation and Mitigation, in effect
on the date of application acceptance. Providing
a fee-in-lieu payment in excess of .10 FTE shall
require City Council approval, pursuant to
Section 26.470.110(c).
iv. An affordable housing mitigation Deferral Agreement may
be accepted by the City of Aspen pursuant to Section
26.470.080(d)(12).
The Applicants request City Council to direct the
Community Development Director and the Aspen
Pitkin County Housing Authority to enter into a
Deferral Agreement for affordable housing
mitigation. As this deferral still seems punitive for
long-time locals that have lived and worked in this
community for multiple generations, the Applicants
will pursue a modification of the deferral to ensure
no affordable housing mitigation is required.
Sec. 26.470.110.a - City Council Applications - Multi-year Demolition Allotments
The following types of development shall be approved, approved with conditions or denied by
the City Council, pursuant to Section 26.470.060, Procedures for Review, and the criteria for
each type of development described below. Except as noted, all growth mana gement
applications shall comply with the general requirements of Section 26.470.080. Except as
noted, all City Council growth management approvals shall be deducted from the respective
annual development allotments.
Sec. 26.470.110.g - City Council Applications - Additional Allotments for Local Property Owners
(g) Additional allotments for local property owners of Single -Family and Duplex
Redevelopment or Expansion that does trigger Demolition as defined by Chapter
26.580 and Section 26.470.090(c). Any property owner within the City who applied
for an allotment through Section 26.470.090 and was not granted an allotment
due to a lack of allotments available for the calendar year can request an
allotment from future years. Up to two (2) allotments may be granted through this
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
12
process and shall not be deducted from a future year's available allotments. This
review procedure is available only to property owners who can establish, through
such procedures and documentation set forth below, that the property proposed
for redevelopment or expansion has been owned and occupied by the applicant or
applicant's immediate family members for at least 35 years. All other property
owners may request an allotment through the Multi-year development allotment
procedures outlined in Section 26.470.110(a). The following review criteria shall
apply to the consideration of the award of additional allotments pursuant to this
subsection (g):
a. The property owner or immediate family members have owned and
occupied the property for at least thirty-five (35) years. Documentation
evidencing ownership and residency shall be provided, which may include
but is not limited to property transactions recor ds, property tax
remittance, voter registration records, and the like. Additionally, signed
affidavit(s) attesting to ownership and occupancy for all thirty -five (35)
years must be submitted.
The Applicants’ family has owned the Property since 1956. The
Applicants themselves have controlled the Property since 1981.
Documentation evidencing ownership and residency have been
provided.
b. The granting of the allotment furthers the goals, objectives and policies of
the Aspen Area Community Plan.
The Aspen Area Community Plan is aimed at preserving the
character of Aspen. Long-time locals such as the Applicant, are
the very essence of the character of Aspen. Ensuring that a
family that literally helped build the community is possibly the
penultimate way that the goals, objectives, and policies of the
AACP are met.
c. The project meets all review criteria in Section 26.470.090(c)(3), or a
variation is approved by the Planning and Zoning Commission.
The proposed duplex meets all review criteria and no variations
are requested.
Sec. 26.470.160.c – Appeals - Insufficient Development Allotment Appeal.
(c) Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments
have been entirely allocated may appeal to the City Council for development
approval. An application requesting allotments must first be denied due to lack of
necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply.
The City Council may take any such action determined necessary, including but not
limited to making a one-time increase of the annual development allotment sufficient
to accommodate the application.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
13
As it is anticipated that no demolition allotments for long -time locals will be
available, the Applicants will appeal the Administrative Review
determination to City Council.
Chapter 26.580. - DEMOLITION
Sec. 26.580.030. - Applicability.
This Chapter applies to land use applications and building permit submissions for
development within the City limits for projects that that meet or exceed the definition of
Demolition, unless exempted by Section 26.580.050.
All portions of the existing development, which was constructed in 1957 and no
longer serves the purposes of the Applicants, will be removed.
Sec. 26.580.040. - Measurement of demolition.
The Applicant proposes a complete demolition of the existing surfaces or a 100%
removal.
Sec. 26.710.080. - Low-Density Residential (R-30).
(a) Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and
customary accessory uses. Recreational and institutional uses customarily
found in proximity to residential uses are included as conditional uses. Lands
in the Low-Density Residential (R-30) Zone District are typically located along
river frontages in outlying areas of the City.
The proposed duplex will serve as the Applicants’ primary, long -
term residence.
(b) Permitted uses. The following uses are permitted as of right in the Low-
Density Residential (R-30) Zone District:
(1) Detached residential dwelling.
(2) Duplex.
(3) Triplex or Fourplex, if One Hundred (100) Percent Deed -Restricted
Affordable Housing.
(4) Existing multi-family housing, if One Hundred (100) Percent Deed -
Restricted Affordable Housing. Existing multi-family housing that is not
One Hundred (100) Percent Deed-Restricted Affordable Housing remains a
nonconforming use. New multi-family housing is not permitted, except for
triplexes and fourplexes as described in subsection (3) above.
(5) Home occupations.
(6) Accessory buildings and uses.
(7) Accessory dwelling units and carriage houses meeting the provisions of
Chapter 26.520.
(8) Short-term Rentals. Pursuant to Chapter 26.530.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
14
The proposed use of the Property will be for duplex. The duplex will
house the Applicants and their families. Accessory structures may
be proposed in the future.
(c) Conditional uses. The following uses are permitted as conditional uses in the
Low-Density Residential (R-30) Zone District, subject to the standards and
procedures established in Chapter 26.425:
(1) Arts, cultural and civic uses.
(2) Academic uses.
(3) Agricultural uses.
(4) Recreational uses.
(5) Group home.
(6) Child care center.
No conditional uses are proposed by the Applicants.
(d) Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Low-Density Residential (R-
30) Zone District:
(1) Minimum Gross Lot Area (square feet): 30,000
(2) Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 30,000
b. Duplex: 15,000
c. One Hundred (100) Percent Deed-Restricted Affordable Housing;
triplex, fourplex: No requirement.
d. One Hundred (100) Percent Deed-Restricted Affordable Housing;
existing multifamily: No requirement.
(3) Minimum lot width (feet): 100
For lots proposed for One Hundred (100) Percent Deed-Restricted
Affordable Housing: 30
(4) Minimum front yard setback (feet):a.Residential dwellings: 25b.Accessory
buildings and all other buildings: 30
(5) Minimum side yard setback (feet): 10
(6) Minimum rear yard setback (feet):
a. Residential dwellings: 15
b. Accessory buildings: 5
c. All other buildings: 30
(7) Maximum height (feet): 25
(8) Minimum distance between principal and accessory buildings (feet): 10
(9) Percent of open space required for building site: No requirement.
(10) Floor area ratio (applies to conforming and nonconforming lots of
record):
a. Single-Family and Duplex.
Each City historic transferable development right certificate
extinguished, pursuant to Chapter 26.535, Transferable Development
Rights, shall allow an additional two hundred fifty (250) square feet of
floor area. Each residence on the parcel, excluding ac cessory dwelling
units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR.
Properties listed on the Inventory of Historic Landmark Sites and
Structures shall not be eligible for this floor area increase.
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
15
Nonconforming uses and structures shall not be eligible for this floor
area increase. No more than one (1) floor area increase shall be
allowed per residence, with the following exceptions:
i. Non-historic properties with a net lot area of 30,000 sf or
larger that contain only a single family residence are
eligible to extinguish up to two (2) historic TDRs.
b. One Hundred (100) Percent Deed-Restricted Affordable Housing;
Triplex or Fourplex: Allowable Floor Area shall be consistent with the
Allowable Floor Area for a Duplex or Two Detached Dwellings as
indicated in the table in subsection (10)a., above.
c. One Hundred (100) Percent Deed-Restricted Affordable Housing;
Existing Multifamily: 0.75:1 FAR. Existing multifamily that is not One
Hundred (100) Percent Deed-Restricted Affordable Housing remains a
nonconforming use and is limited to its existing floor a rea.
All dimensional requirements of the R-30 zone district will be met
by the proposed duplex. The Applicants are not proposing to utilize
City of Aspen Historic TDRs.
Attachment 1
9,028
1,504.7
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet01,504.7752.33
Notes
Vicinity Map
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 10:12 AM 04/08/24 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 9K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
County Line
Wilderness Area
Peaks and Passes
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Attachment 2
Report Created: 12/2/2024 1:43:56 PM
Parcel ID: 273512206001Pitkin County
Community Development Report
Library District
School District
Fire District
Water District
Within 1/4 Mile of Sewer Service
Sewer System
Caucus
Land Use Category
2000 Sq. FeetImprovements
Assessor's Information
Township, Range, Section
55016.28 Sq. Feet
790 CASTLE CREEK DR
Aspen
GIS Parcel Size
Address (Assessor's Records)
Jurisdiction
Services
Boundaries
Property Information
1112: Residential-Single Family Residence
Aspen Consolidated Sanitation District
Aspen Consolidated Sanitation District
City of Aspen Water Service Area
Aspen Fire Protection District
Aspen School District No. 1 (RE)
Pitkin County Library
Not within a Caucus Area
Address (GIS Points)790 CASTLE CREEK DR
790 CASTLE CREEK DR ASPEN, CO 81611
R005306
CERISE JAMES MOwner
Account
Owner Address
790 CASTLE CREEK DR ASPEN, CO 81611
R005306
BARABE CAROLYNOwner
Account
Owner Address
T:10, R:85, S:12
Subdivision: CASTLE CREEK Lot: 9Legal Description
Subdivision: CASTLE CREEK Lot: 9Legal Description
Outlet Castle Creek
Castle Creek
No Wildfire Hazard Classification
Within a Scenic View
100-year flood (AE), 500-year flood (0.2 PCT), Floodway
Castle Creek
Watershed Subbasin
Watershed Drainage
Wildfire
Scenic
Floodplain
Within 100 Feet of Creek or River
Historic District
Zone District Overlays
Master Plan Area
Caucus
Environmental Areas
Boundaries
Address
Retired Parcel
Documents
Parcel 273512206001
None Found
Not within a Caucus Area
Aspen Area Community Plan (AACP)
No Zoning Overlay on this parcel
Not within a Historic District
Floor Area Overlay Not within a Floor Area Zone Overlay
Refer to local regulationsZone District
None Found
Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been
made to ensure that the information and data contained in the report is accurate, but the accuracy may change. The
information maintained by the County may not be complete as to mineral estate ownership and that information
should be determined by separate legal and property analysis.
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Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted.
In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the
boundary of more than one data area, for example, multiple Precincts. Visit the Pitkin County GIS Department at
EG123456789101112131415171820232428293031323334353637383940SITE BENCH MARKFOUND 1" IRON PIPEIN WIRE FENCE LINEELEVATION: 7871.04425.0' WITNESS CORNERFOUND REBAR & 1-1/4"ORANGE PLASTIC CAPLS38215 AT TOP OF BANK363.8' WITNESS CORNERFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS24312 AT TOP OF BANKFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS24312FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS ILLEGIBLE41NEIGHBOR'S DECKHIGH WATER LINECASTLE CREEKJUNE 2017TOE
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BOUNDAR
Y
FLOOD AREAZONE AEBASE FLOODELEVATION:7796IRRIGATIONPUMPTREE TYPE SIZE DRIPTREE CHART1214" 28'12"24'CONIFEROUSELECTRICAL TRANSFORMERTELEPHONE PEDESTALFIRE HYDRANTWATER SHUTOFFSANITARY MANHOLEGAS METERELECTRICAL METERSCALE: 1" = 1,000'GVICINITY MAPEWATER LINESEWER LINETELEPHONE LINEWIRE FENCE LINECATV LINESURVEY NOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N08°18'55"W ALONG THE WESTERLY PROPERTY LINEBETWEEN THE SOUTHWEST CORNER OF LOT 9, A FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS24312 ANDTHE NORTHWEST CORNER OF LOT 9, A FOUND 1" IRON PIPE AS SHOWN HEREON.2. DATE OF FIELD SURVEY: JUNE 14 & 19, 2017.3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4. THIS SURVEY IS BASED ON CASTLE CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDEDNOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 AS RECEPTION NO. 105783. A BUILDING PERMIT SURVEYPREPARED BY DAVID W. MCBRIDE DATED 6/29/80, AN IMPROVEMENT SURVEY OF LOT 8 PREPARED BY ROBERTHUTTON DATED 9/2012 AND CORNERS FOUND IN PLACE AS SHOWN HEREON.5. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TOTITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY TRUE NORTH COLORADO, LLC.6. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. DISTANCES SHOWN IN PARENTHESIS IS OF RECORD AS SHOWN ON THE CASTLE CREEK SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 ASRECEPTION NO. 105783.9. UNDERGROUND UTILITIES SHOWN HEREON WERE MARKED BY ROARING FORK UTILITY LOCATORS AND THE CITYOF ASPEN WATER & SANITARY DISTRICT AND SHOULD BE VERIFIED PRIOR TO ANY EARTH MOVINGCONSTRUCTION.LOT 9 - CASTLE CREEK SUBDIVISION SITUATED IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPITKIN COUNTY PARCEL NO. 2735-122-06-001IMPROVEMENT & TOPOGRAPHIC SURVEYTRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 W. MAIN STREET-UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2017-145DATE: JUNE 26, 2017DRAWNRPKSURVEYEDLDVSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY020'10'40'SCALE: 1" = 20'NFEMA FLOOD ZONE INFORMATIONFEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 08097C0354-E HAVING AN EFFECTIVE DATE OFAUGUST 15, 2019.ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN (500-YEAR FLOODPLAIN.)SPECIAL ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD (500-YEAR FLOODPLAIN), AREAS OF 1% ANNUALCHANCE FLOOD (100-YEAR FLOODPLAIN) WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR DRAINAGE AREAS LESSTHAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOODZONE AE - THE 1% ANNUAL CHANCE FLOOD (100-YEAR FLOODPLAIN) WITH BASE FLOOD ELEVATIONS DETERMINED.BASE FLOOD ELEVATION FOR THIS PROPERTY IS 7796.SITEHIGHWAY 82CEMETERYLANEASPEN GOLFCOURSECITYOFASPENTREE TYPE SIZE DRIPTREE CHART38"16'412"20'510" 16'COTTONWOOD624" 40'720" 30'824" 30'91032" 40'1114"28'1218"36'1314"28'1426" 40'1514"20'1718DECIDUOUS20DECIDUOUS2136" 40'ASPEN228"16'DECIDUOUS23ASPEN2412"24'ASPEN2512"24'26272824" 48'DECIDUOUS298" 40'DECIDUOUS307"40'3116" 16'3222" 28'3328" 28'3424" 28'3518"20'3630" 28'379"18'386"12'3940CONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOOD24" 40'CONIFEROUSCONIFEROUSASPENASPEN18"24'18"24'36" 40'8"16'ASPEN12"24'12"24'ASPENASPENCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSASPENASPENASPENASPEN9"18'9"18'41ASPEN10"20'42ASPEN16"32'LEGENDELECTRIC LINE WOOD FENCEPROPERTY DESCRIPTION:PROPERTY ZONED:SURVEYOR'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER ITIS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED.4318"48'CONIFEROUSNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATIONSHOWN HEREON.SLOPE LEGEND20% TO 30%30% TO 40%40% & GREATER0% to 20%Attachment 3
AFFIDAVIT
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The undersigned, Carolyn Barabe and James M. Cerise, being first duly sworn upon their
oath, state as follows:
1. Our father, Martin J. Cerise, purchased the property legally described as Lot 9,
Castle Creek Subdivision, according to the recorded plat thereof with a street
address of 790 Castle Creek Drive (“Property”), in 1956 from Fred Hinman. A Deed
evidencing the purchase and conveyance is attached hereto as “Exhibit A.”
2. Our father constructed the existing residence on the Property in 1957. This was the
family’s primary home where we were raised.
3. We have owned the property as tenants in common since 1981. A Deed evidencing
the conveyance of the Property is attached as “Exhibit B.”
4. We have continued to live in the existing residence with our spouses since 1981.
5. Virginia R. Cerise, as personal representative of the Estate of Martin J. Cerise,
Carolyn Barabe, and James M. Cerise, conveyed a 25% interest to both James M.
Cerise and Carolyn Barabe as tenants in common, a 35.821% interest as tenant in
common to the James M. Cerise and Carolyn A. Cerise Trust, as created under the
will of Martin J. Cerise, dated July 6, 1981, and a 14.179% interest as tenant in
common to Virginia R. Cerise. A General Warranty Deed evidencing the sale and
conveyance is attached hereto as “Exhibit C.”
6. Virginia R. Cerise sold and conveyed to James M. Cerise, as to an undivided 1%
interest as tenant in common and to Carolyn M. Barabe, as to an undivided 1 %
interest as tenant in common. A General Warranty Deed evidencing the sale and
conveyance is attached here to as “Exhibit D.”
7. Carolyn A. Cerise, James M. Cerise, the James M. Cerise and Carolyn A. Cerise Trust
as created under the Will of Martin J. Cerise dated July 6, 1981, and Virginia R.
Cerise for no consideration and for purposes of correcting and/or clarifying record
title, transferred and conveyed to Carolyn Barabee (sic) and James M. Cerise each
an undivided 50% interest as tenants in common. A General Warranty Deed
evidencing the sale and conveyance is attached hereto as “Exhibit E.”
8. Virginia R. Cerise, for no consideration and as a gift, transferred to James M. Cerise
an undivided 24% interest as tenant in common and transferred to Carolyn Barabe
Attachment 4
D
CASTLE CREEK DRIVESETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B A C K
3 0 '-0 "
LOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.123+/- AC.
5,337+/- S.F.EXISTING TOP OF SLOPE7870
7871
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7873
7872
7872
7871
WOOD RETAINING WALL
WIRE FENCE
DRIVEWAY
NORTH UNIT
SIDE PORCH
NORTH UNIT
ENTRANCE
DRIVEWAY
SOUTH UNIT
ENTRANCE
NORTH UNIT
BACK PORCH
SOUTH UNIT
BACK PORCH
N O R T H U N I T
S O U T H U N I T
PAVER PATHWAY
LANDSCAPE PLANTERNORTH UNIT
SOUTH UNIT 7865786078557850SOUTH
PATIO - 1
IRRIGATION PUMP
WOOD STEPS
MAILBOX
7872
78717872787378737872
7 8 7 2
7 8 7 1
7872
7 8 7 1
7870
U P
UP
UP
U P
PROPOSED COLLECTOR POND
RE: LANDSCAPE
PROPOSED COLLECTOR POND
RE: LANDSCAPE
REFERENCE TREE MITIGATION PLAN FOR ALL EXISTING, PROPOSED, AND DEMOLISHED TREES
100'-0 3/4"
7872.90
100'-0 3/4"
7872.9012'-0"12'-0"PROPOSED
ROOF LINE
RED BUTTE CEMETERY
S W A L EFROM PROPERTY LINE TO FINISH34'-11 27/64"F R O M P R O P E R T Y L I N E T O F I N I S H
3 1 '-1 "
LOT 8
UTILITY METERS
UTILITY METERS
UP
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
DATE
REVISIONS DATE
1" = 10'-0"
---LAND USE SITEPLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
PROPOSED SITE PLAN1
N
Attachment 5
DN
UP
UP
A-3.01
2
A C
(20% overall UNIT width = 10' min)10'-10 9/256"20% of overall UNIT width = 7'-6 min14'-3 7/8"A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
8°
A-3.05
2 12
SETBACK10'-0"SETBACK
25'-0"
SETBACK
30'-0"
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
OUTLINE OF
ROOF ABOVE
DASHED, TYP.
T.O.F.F.
T.O.F.F.
99'-6"
99'-6"
99'-6"
99'-6"
7872.33
7872.33
99'-11"
99'-11"
99'-11"
99'-11"
NORTH UNIT DRIVEWAY
SOUTH UNIT DRIVEWAY
NORTH UNIT ENTRANCE PATHWAY
116
N - GARAGE
109
N - M. BATH
108
N - M. CLST
106
N - STAIR CLST
101
N - ENTRY
113
N - KITCHEN
150
S - G. BDRM151
S - G. BATH
152
S - MUD/LDRY
141
S - STAIR
133
S - M. BATH
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O6'-0"15'-0"10"15'-0"22'-0"58'-10"A-3.04
3
102
N - COAT CLST
PN
FB
114
N - DINING
112
N- LIVING
110
N - M. BDRM
105
N - SITTING
103
N - LNDRY
104
N - PDR
155
S - GARAGE
154
S - PDR
147
S - G. CLST
146
S - PANTRY
145
S - KITCHEN
144
S - DINING
140
S - ENTRY
142
S - LIVING
130
S - DEN
131
S - BDRM 1
132
S - BATH 1
134
S - M. CLST
135
S - M. BDRM
138
S - MAIN HALL
99'-11"
100'-0 3/4"
100'-0 3/4"
7872.90
R
6'-0"4'-0"20'-0"9'-0"9'-0"16'-0"4'-0"
68'-0"
RDS
4'-0"
RDS
6'-0"13'-0"
9'-0"
14'-0"
10'-0"
56'-0"14'-0"14'-0"16'-0"44'-0"6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
W/D
A-3.04
1
wall mounted
coat rack
1'-6 1/2"RDS
6'-0"
RDS
4'-0"
153
S - ENTRY CLST
115
N - PTY
137
S - W/D
119
N - SIDE PORCH
120
N - BACK PORCH
118
N - FRONT PORCH
157
S - BACK PORCH
156
S - FRONT PORCH
139
N - PATIO 1
A-3.03
2
A-3.05
1
A-3.04
2
1'-8"
3
A-3.01 2
E
9 1/4"G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.01OVERALL MAINLEVEL PLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
MAIN LEVEL FLOOR PLAN1 N
DN
DN
A-3.01
2
A C
A-3.01 1
A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
A-3.05
2 12
206
N - G. BDRM
227
S - CLST 3
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O
A-3.04
3
PN
FB
R
6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
56'-0"6'-0"15'-0"10"15'-0"22'-0"58'-10"14'-0"14'-0"16'-0"44'-0"6'-0"4'-0"20'-0"9'-0"25'-0"4'-0"
68'-0"
8°
228
S - BDRM 3
226
S - BATH 3
225
S - BATH 2
222
S - BDRM 2
221
S - LOFT
5'-0 3/4"
6'-0"
4'-0"19'-0 1/4"10'-11 1/2"
7'-0 1/2"12'-7 3/8"A-3.04
1
202
N - LOFT
12'-0"
3 1/2"
5'-8 3/4"
3 1/2"
6'-3"
5 1/2"
6'-6"
3 1/2"
16'-3 1/2"3'-6"3 1/2"12'-3 3/4"3 1/2"6'-0"2'-8"
5 1/2"
3'-4 1/2"
9'-7 1/8"2'-1"201
N - STAIR
203
N - G. BATH
230
S - DECK 2
207
N - DECK 1
229
S - DECK 1
220
S - STAIR
A-3.03
2
A-3.05
1
3'-0 1/8"A-3.04
223'-0 15/16"23'-0 15/16"23'-6"EQ EQ
3
A-3.02 1
A-3.02
2
A-3.031
E
29'-0"
G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.02OVERALL UPPERLEVEL PLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
UPPER LEVEL FLOOR PLAN1 N
A-3.01
2
A C
A-3.01 1
A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
A-3.05
2 12
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O
A-3.04
3
PN
FB
R
6'-0"4'-0"20'-0"9'-0"25'-0"4'-0"
68'-0"6'-0"15'-10"15'-0"22'-0"58'-10"8°
56'-0"14'-0"14'-0"16'-0"44'-0"6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
A-3.04
1
4 1/2" / 12"4 1/4" / 12"A-3.03
2
A-3.05
1
A-3.04
2
3
A-3.02 1
A-3.02
2
A-3.031
E G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.03OVERALL ROOFPLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
ROOF PLAN1 N
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-8 3/4"
UPPER ROOF T.O. PLATE
119'-0 3/4"
HEIGHT LIMIT (ROOF 1/3) (25')
124'-6"
2456 1
2
A-4.02
CRAWLSPACE
94'-0"8'-4"10'-8 3/4"6'-0"T.O. CONC - GARAGE
99'-6"
N.CCN.CCN.CCN.CC
112A110B
N.CC N.CC202A
S.CC S.CCS.DD S.DD
S.DD S.DD
228B
135C
221A
142A 144A
S.GG S.GG
3
ACDHI
2
A-4.01
1
A-4.01
F B
N.CCN.CCN.CC N.CC N.CC
N.AAN.AAN.AAN.AAN.AA
113A 116A
S.AA S.AA S.AA S.AA
S.CCS.CC
S.CCS.CC
EG
QM S
1
A-4.03
O PN R
S.AA S.AA S.AA S.AA S.AA
S.AAS.AAS.AA
S.CC S.CC
S.CCS.CCS.CC
N.AA N.AA N.AA N.AA N.AA
S.CCS.EE
155A
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-8 3/4"
UPPER ROOF T.O. PLATE
119'-0 3/4"
HEIGHT LIMIT (ROOF 1/3) (25')
124'-6"
2 4 5 61
2
A-4.02
CRAWLSPACE
94'-0"8'-4"10'-8 3/4"6'-0"T.O. CONC - GARAGE
99'-6"
N.AA N.AA N.AA N.AA N.AA N.AAN.BBN.BB
101A
N.CC N.CC S.AA S.AA
140A
S.CCS.CC
S.CC S.CC
S.JJS.JJ
3
GENERAL ELEVATION NOTES
1. FOR GENERAL NOTES SEE A-0.0.
2. GRADE SHOWN FOR REFERENCE ONLY. RE: CIVIL AND LANDSCAPE
DWGS FOR ADDITIONAL INFORMATION.
3. RE: STRUCTURAL DRAWINGS FOR ADDITIONAL INFORMATION
REGARDING ROOF HEIGHTS.
4. RE: EXTERIOR OPENING SCHEDULED FOR ADDITIONAL INFORMATION
AT DOORS AND WINDOWS.
5. RE: FINISH SCHEDULE FOR FINISH INFORMATION.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-3.01OVERALLEXTERIOR ELEVATIONSCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
OVERALL EAST ELEVATION3
1/8" = 1'-0"
OVERALL NORTH ELEVATION2
1/8" = 1'-0"
OVERALL SOUTH ELEVATION4
1/8" = 1'-0"
OVERALL WEST ELEVATION1
DNUPUP<<UEUEUEUEUEUEUEUEUEUEUEUE UEUEUEUEUEUEUEUEUEUEUEUE CCCCCCCCCCCCCCCCCCCCCCCCCCCCGGGGGGGGGGGGGGG GGGGGGGGGGGGGGGSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW
S
W
S
W
S
W
SWSWSWSWSWSWSW
S
W
S
W
S
W
S
SCHEMATICLANDSCAPEPLANL2.00DATE:DRAWN BY:CHECKED BY:ISSUE:HISTORY:BAJSHEET TITLE:COLORADOCOTTAGEFOR PLANNINGPURPOSES ONLYNOT FOR CONSTRUCTION10.29.2024ADDRESS:790 CASTLE CREEKASPEN, CO 81611PARCEL #_____________PSRDATE00.00.2022ISSUE___________STAMP PER DISCIPLINEPITKIN COUNTY STAMPSDRAFT0'5'10'20'SCALE: 1"= 10'-0"NORTHBERMS WITH NATIVE GRASSESEXISTING TREES TO REMAIN, TYP.PROPOSED COLLECTOR PONDSPROPOSED ORNAMENTAL TREESPROPOSEDDUPLEXEXISTING TREES TO REMAIN, TYP.PROPOSED PERENNIAL BEDEXISTING LAWN TO REMAINPROPOSED DRIVEWAYPROPOSED DRIVEWAYEXISTING POND TO REMAINEXISTING DITCH LINE TO REMAINPROPERTY LINEPROPERTY LINE
04.08.2024
790 CASTLE CREEK DRIVE, ASPEN, CO 81611
CC DUPLEX RESIDENTIAL DESIGN STANDARDS
Attachment 6
W IN DOW W E L L
S I DE W A L K
P ATI O
CONCRETE RETAINING WALL
3 2 .2'
32.2 '20.1'F F E:
7872 .0 5
20.1'7.0 '12.2'C O N C R E T E
36.4 '
2 0 .0 '5.6'32.2'2 0 .0'14.4'1 4 .9'7.0'F F E:
7875.3 9
F FE:
7 8 7 4 .70
2 1 .5'30.4'APPROXIMATE
SEWER SERVICE
4"CMP4"CMP4"CMP1
2
3
4 5 6
7 8
9
10 11 12
13
14
17
18
19
20
212223
24
25
26 27
28
29
30 31
32
33
34
35
36
3738
39 40
41
42
EEEEEEEEEEEEE E
E
IN WIRE FENCE LINE
ELEVATION: 7871.04
425.0' WITNESS CORNER
SET REBAR & 1-1/4"
ORANGE PLASTIC CAP
LS38215 AT TOP OF BANK
363.8' WITNESS CORNER
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
LS24312 AT TOP OF BANK
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
LS24312 TOP OF BANKGARDEN
AREA
SHED
CONCRETE
WOOD RETAINING WALL
WIRE FENCE
CONCRETE
PLANTER
POND
POND
GRAVEL DRIVE
GRAVEL DRIVE
W O O D D ECK
S T E PS STEPSDITCH FLOWLINESWALESWALE
G A R A G E 11.8'1 5 .0 '
5 7 .7 '38.5'9.4'LEAN-TO1 - S T O R Y
F R A M E H O U SE
& B A S E M E N T
79 0 C AST L E C R E EK
D R IV E
N89°34'51"W 530.31'
(445'±)N08°18'55"W 129.96'BASIS OF BEARINGS (124'±)2 0 '± P A V E D
R O A D W A Y
S
3
8
°
4
7
'
5
9
"
E
2
1
9
8
.
6
0
'
RED BUTTE CEMETERY
10' SETBACK
25' SETBACK30' SETBACKTHIS AREA EXCEEDS THE45% SLOPE RANGESWALE78507855786078657
8
7
0
78747 8 7 3
787
2
7
8
7
1
DYHS
E G
OSWLOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.419+/- AC.
18,267 +/- S.F.SETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "
7870
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7872
7872
CONRETE PAD
SHED
WOOD RETAINING WALL
WIRE FENCE
S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "SETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "SETBACK10'-0"ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1" = 10'-0"
A-1.01EXISTING SITEPLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
EXISTING SITE PLAN1 N
1
2
3
4 5 6
7 8
9
10 11 12
13
14
17
18
19
20
212223
24
25
26 27
28
29
31
32
33
34
35
36
3738
39 40
41
42
UPCASTLE CREEK DRIVESETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B A C K
3 0 '-0 "
LOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.419+/- AC.
18,267 +/- S.F.TOP OF BANK7870
7871
DITCH FLOW LINE
100'-0 3/4"
100'-0 3/4"
99'-6"
99'-11"
99'-6"
99'-11"
99'-6"
99'-11"
99'-11"
99'-11"
7872.50
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7873
7872
7872
7871
7873.06
7872.50
7873.06
GARDEN AREA
CONRETE PAD
SHED
WOOD RETAINING WALL
WIRE FENCE
N
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1" = 10'-0"
A-1.02ARCHITECTURAL SITE PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
ARCHITECTURAL SITE PLAN1
1
2
3
4 5
6
7 8
17
18
23
24
25
26 27
28
29
3132
33
34
35
36
37
38
3940
41
42
UP
A-3.01
2
(20% overall UNIT width = 10' min)11'-10 39/256"(RDS)
6'-0"
(RDS)
4'-0"50'-8 55/256"3'-0"18'-0"20% of overall UNIT width = 7'-6 min15'-1"27'-8 73/256"23'-0"A-3.01 1
A-3.01
5
A-3.0135'-0"A-3.01
487'-11 201/256"24'-0"
3'-0"18'-0"37'-3 1/2"22'-2 1/2"32'-0"16'-0"32'-3"
15'-5 1/2"
7'-6"
10'-6"
6'-10"
6'-6 1/2"
12'-3"3'-0"4'-0"2'-0"12'-0 1/2"12'-2"
28'-0"21'-0"
36'-3"
56'-0"
60'-0"16'-0"38'-0"SETBACK10'-0"SETBACK
25'-0"
SETBACK
30'-0"
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
OUTLINE OF
ROOF ABOVE
DASHED, TYP.3'-0"4'-0"2'-0"7873.06
100'-0 3/4"
T.O.F.F.
7873.06
100'-0 3/4"
T.O.F.F.
99'-6"
99'-6"
99'-6"
99'-6"
7872.50
7872.50
99'-11"
99'-11"
99'-11"
99'-11"
99'-11"
99'-11"
NORTH UNIT DRIVEWAY
SOUTH UNIT DRIVEWAY
NORTH UNIT ENTRANCE PATHWAY
4'-0"6'-0"
single door with a 1 ft divider inbetween
loggia - 6' min, 10' max depth
- open two sides
may need /want a
demacrated pathway
connection to strees (d1)
entry connection
- verify with City of Aspen -
may be difficult
2nd loggia - 6' min,
10' max depth
N - GARAGE
N - M. BATHN - M. BATH
N - M. CLST
N - MECH
N - ENTRY
N - LNDRY N - PDR
N - SIDE ENTRY
N - DINING
N - LIVINGN - KITCHEN
S - GARAGE
S - G. BDRM
S - G. BATH
S - PDR
S - M. BDRM
S - BDRM 1
S - BATH
S - DEN
S - HALL
S - LIVING
S - DINING
S - KITCHEN
S - PANTRY
S - MUD/LNDRY
S - STAIR
S - M. BATH
S - M. CLST
N - STAIR
S - ENTRY
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.01MAIN LEVEL PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
MAIN LEVEL FLOOR PLAN1 N
A-3.01
2
A-3.01 1
A-3.01
5
A-3.013
bath
clst w/dA-3.01
4
30'-0"
10'-7 1/2"10'-3"16'-0"25'-6"16'-0"50'-0"6'-8"12'-3"
6'-1"
6'-10"
11'-3 1/2"
7'-2 1/2"
5'-5"
50'-0"
OUTLINE OF
ROOF ABOVE
DASHED, TYP.
N - DEN
N - G. BATH
N - G. BDRM
N - STAIR
S - LOFT
S - STAIR
S - BDRM 2
S - BATH 3
S - UPPER HALL
S - BATH - 2
S - BDRM 3
S - OFFICE
S - CLST 32" / 12"5 1/2" / 12"2" / 12"2" /12"
2 1/2"/ 12"2" / 12"4 1/4" / 12"14'-0"ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.02UPPER LEVELPLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
UPPER LEVEL FLOOR PLAN1 N
A-3.01
2
A-3.01 1
A-3.01
5
A-3.013
A-3.01
4 2" / 12"2" / 12"9" / 12"9" / 12"5 1/2" / 12"2" / 12"2" /12"
2 1/2" / 12"4 1/4" / 12"9" / 12"9" / 12"9" / 12"
9" /12"
3" / 12"
3" / 12"
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.03ROOF PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
ROOF PLAN1 N
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"9 " / 1 2"9" / 1
2"
2 " / 1 2 "
9 " / 1 2 "9" / 1
2"
2" / 12"
9 " / 12 "9" / 1
2"
3" / 12"
3 " / 1 2 "
5 1/2" / 12"
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"
2 " / 1 2 "
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"
9 " / 1 2 "9" / 1
2"
4 1/4" / 12"
2 " / 1 2 "
2" / 12"
9" / 1
2"9 " / 1 2 "5 1 /2 " / 1 2 "ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-3.01EXTERIOR ELEVATIONSCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
OVERALL EAST ELEVATION3
1/8" = 1'-0"
OVERALL NORTH ELEVATION2
1/8" = 1'-0"
SOUTH ELEVATION - SOUTH UNIT5
1/8" = 1'-0"
OVERALL WEST ELEVATION1
1/8" = 1'-0"
OVERALL SOUTH ELEVATION4
Crystal River Civil LLC 970.510.5312 Page 1 of 4
790 Castle Creek Drive
Engineering Report
11/25/2024
A summary of the existing site conditions and proposed changes for 790 Castle Creek Drive has
been performed by Crystal River Civil for City of Aspen County Site Plan Review. This report
addresses access, utilities, drainage, grading, as well as overall site design for the proposed
conditions.
Existing Site
The property being reviewed is known as Pitkin County Parcel #273512206001 and is designated
as Lot 9 of the Castle Creek Subdivision. The parcel is accessed via Castle Creek Drive, which
extends from Cemetery Lane, just northwest of downtown Aspen. Castle Creek Drive borders the
western property line, and a developed site is located to the south. The eastern property line
follows Castle Creek Right-Of-Way and the Red Butte Cemetery is located to the north of the site.
An existing one-story framed, single-family residence, as well as a detached garage and small
shed, currently exist on the site. A short, gravel driveway provides access from Castle Creek Drive
to the garage. The access enters the property near the southwestern property corner and travels
due east towards the existing residence. The residence is centrally located on the parcel.
790 Castle Creek Drive Vicinity Map
The western portion of the site is generally flat, with a gradual slope from the west to the east.
Steep slopes exist on the eastern portion of the site as the grades descend quickly towards Castle
Creek along the eastern property line. There is no existing development within this steep slope
Site
Attachment 7
Crystal River Civil LLC 970.510.5312 Page 2 of 4
area. An irrigation ditch follows the southern property line that supplies water to two ponds located
on the site. One pond is located near the western property line that is supplied by a small irrigation
lateral labeled as a “swale” on the survey, that traverses under the gravel driveway via a small
culvert. The other pond is located in the backyard of the residence, just east of the structure that
is also supplied from an irrigation ditch lateral labeled “swale” on the survey. Each of the ponds
appear to have overflow paths that continue off the property.
Existing utility infrastructure is in place and currently services the existing structures on the parcel
under evaluation. The development ties into a City of Aspen water line within Castle Creek Drive
Right-Of-Way. A sewer service exits the site towards the northwest property corner and ties into
the Aspen Consolidated Sanitation District main under Castle Creek Drive as well. A Holy Cross
Energy electric transformer is located near the southwest property corner on the neighboring
property. The development utilizes a Black Hills Energy gas service, which ties into the gas main
located within the Castle Creek Drive Right-Of-Way. A communications pedestal is located next
to the electric transformer in the southwest property corner, which is utilized for the existing
development.
For information regarding the existing conditions, please refer to the survey that has been
included with this application.
Proposed Site
The scope of the project includes the development of a two-unit, residential structure. The existing
residential structure will be demolished as part of the project. The pond to the west will be filled in
and the pond to the east will be reconfigured. Each of the proposed residential units includes a
separate access, garage, patios layout, and landscaping. The structure is split into a southern
and northern unit, as shown on the included land use drawings with this submission package.
Each residential unit includes separate utility infrastructure to service the respective units, as well
as a combined stormwater management system that will meet the City of Aspen drainage code.
Please refer to the land use drawings in conjunction to this engineering report.
Access
The southern unit’s access is a 60 foot long concrete driveway that transitions off of Castle Creek
Drive and extends east to the southern portion of the structure. The twelve foot wide access
descends between 2.0% and 3.5% until it reaches the auto court. As the driveway approaches
the structure, it expands to the north in order to transition to the proposed garage location. The
entirety of the driveway and autocourt are to be collected by a centrally located inlet and drain
basin, which conveys stormwater to the onsite stormwater detention system. All slopes tie into
existing grade from the driveway and do not exceed 3:1 slopes. This proposed design meets the
City of Aspen requirements for residential access.
Crystal River Civil LLC 970.510.5312 Page 3 of 4
The northern unit’s driveway extends off of Castle Creek Drive near the northwestern property
corner and extends roughly 100 feet to the east. As the driveway approaches the residence, it
expands to the south to transition into the proposed garage. The driveway continues further east
to accommodate additional turning room and a potential parking space. A center drain is proposed
in the northeast corner of the auto court, which will convey the stormwater collected off the
driveway and auto court to the onsite stormwater detention system.
Drainage
All stormwater affected by the development shall be captured, detained and treated on site to
meet the City of Aspen drainage requirements. The concept of the drainage for the site is to collect
all impervious areas, including the structure, patios, walkways, auto courts and the driveways
around the residence with a series of swales, inlets, downspout tie ins, and pipes. This system
will convey the stormwater to a drywell located in the landscaping to the east of the structure.
Stormwater volumes for the 100-year, 1-hour storm event shall be determined utilizing the FAA
method and will provide the necessary detention on site. The drywell shall release the pre-
developed, historic runoff rate of the captured drainage basin, using the calculation from the FAA
Rational Method. Detention basin calculations and storage volumes will be included in the building
permit submittal. All conveyance structures will have capacity for a 100-year, 1-hour storm event,
as defined in the City of Aspen Urban Runoff Management Plan (URMP).
Utilities
Water – The existing water service will be abandoned as per City of Aspen Water Department
Standards. The proposed service for each unit will extend off the water main located underneath
Castle Creek Drive and will extend up the south unit’s access. Sizing will be determined for
Building Permit. All water service lines shall be Type-K Copper.
Sanitary – The existing service and wye will be abandoned as per Aspen Consolidated Sanitation
District standards. Two services will extend from the proposed structure to the northwest and wye
into the sewer main under Castle Creek Drive. The services shall each be four-inch SDR-26 and
sloped at minimum 2.0% towards the tie in at the sewer main.
Electric – The existing service will be abandoned, and two proposed services will extend from the
existing transformer up to the southwest corner of the garage. Transformer capacity and the
proposed loads for the development will be determined for building permit in coordination with
Holy Cross Energy.
Gas – The existing service to the residence will be abandoned and two proposed services will
extend from the main in the Right-Of-Way up the driveway and will transition into the west side of
the residence.
Crystal River Civil LLC 970.510.5312 Page 4 of 4
Telephone and Communications – Existing communication services will be abandoned, and new
services will extend from the pedestal up to the northeast corner of the garage.
If there are any questions regarding this analysis or concerns regarding the site design, feel free
to contact me directly.
Jay Engstrom
Owner and Principal Engineer, P.E.
Crystal River Civil, LLC
jay@crystalrivercivil.com
(970) 510 - 5312
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D787178727872787278737873
7873787278737873 78737
8
7
2 7872787178717871
78707870
7871787078717872787278717871787078727872787078
6
9
786
8 Abandon Existing Sewer Service WyeAs Per Aspen Consolidated Sanitation DistrictAbandon Existing Electric Service In PlaceCommon Trench Communications AlongsidePrimary Electric LineAbandon Existing Sewer ServiceAbandon Existing Water Service TapAs Per City Of Aspen Water Department StandardsContact City Of Aspen Prior To AbandonmentAbandon Existing Gas StubAs Per Black Hills EnergyTie Proposed Gas Stub Into Existing Main Line(2) Proposed Electric Service64 Linear Feet Of 2" ConduitInstall As Per Holy Cross Energy Standards(2) Install 2" Water Service Tap As PerCity Of Aspen Water Department StandardsMaintain 18" of Separation Between All Fittings(2) Install Water Line Curb StopAt Property Line(2) Proposed Water Service Install As City of Aspen Water Department23 Linear Feet of 2" Type K CopperFrom Service Tap to Curb Stop(2) Proposed Water Service Install As Per City of Aspen Water Department56 Linear Feet of 2" Type K CopperFrom Curb Stop to Residence(2) 77' Linear Feet of Gas Service LineSize and Material To Be DeterminedBy Black Hills Energy(2) Communications Service69 Linear Feet of 2" ConduitInstall As Per Utility ProviderTie Electric Service Into Existing TransformerInspect and Verify Capacity Prior to ConstructionTie Proposed Communications ServiceInto Existing Communications PedestalAbandon Existing Gas Service(2) Install Sanitary Wye At Sanitary Sewer Main As Per AspenConsolidated Sanitation District Standards. Contractor ToVerify Locations Prior To Construction(2) 46 Linear Feet of 4" SDR-26 PVC Sanitary Sewer ServiceMaintain Minimum 2% Slope and 7' of Cover Over Service(2) Install Bi-Directional Cleanout(2) 13 Linear Feet of 4" SDR-26 PVC Sanitary Sewer ServiceMaintain Minimum 2% Slope and 7' of Cover Over ServiceProperty Line30' Easement25' Easement10' EasementProposed ResidenceSouth UnitProposed ResidenceNorth UnitAbandon ExistingWater Service LineAbandon Existing Communications ServiceOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24020NSWEDrawing ScaleUnits (Feet) 1" = 10'10C.01Utilities
<<D7871787278727872787378737873
790 Castle Creek DriveProposed Residence - South UnitMain Level F.F.E. - 7872.90Garage F.F.E. - 7872.33790 Castle Creek DriveProposed Residence -North UnitMain Level F.F.E. - 7872.90Garage F.F.E. - 7872.332.0%TOW:72.83BOW:70.14TOW:71.9772.2972.3372.6972.33BOS:72.33F.F.E. - 72.33TOW:72.78TOS:72.78Inlet:72.04F.F.E. - 72.90Property Line25' Setback30' SetbackCastle Creek Drive Right-Of-Way20' Paved Road
Existing TreesSee Tree Removal Plan For Demolitionand Protection of Existing TreesProposed PorchElev:7872.9072.3372.3372.332.0%3.0%5.0%3.0%2.0%2.0%72.3372.2472.332.0%72.90BOS:72.331 - 5.4" StepStone Paver PatioTOS:72.78Proposed Center DrainCollects DrivewayF.F.E. - 72.33EX:73.34EX:73.02Landscape Planter72.6772.8073.28EX:73.72EX:73.1573.2872.4572.7972.0371.82EX:71.79EX:71.5771.9272.795.0%2.0%BOW:70.28Retaining WallMax. Height 30"Transition To Existing GradeMaintain 6" Curb Above Pavement2.5%
4.5%2.5%10' SetbackBOW:70.12TOW:72.28BOW:70.43TOW:72.7570.9670.9270.6270.3871.0071.3271.3171.5271.5272.9072.9072.9072.9072.9072.9072.9072.9072.7272.753.0:16.0%2.0%6.0%2.0%787278737873 78737872 7872787178717871
78707870
787178707871787278727871787178707872787272.90Proposed PorchElev: 7872.90Stone Paver PorchInlet:71.42BOW:70.7078707865
7860
7855
7850
7845
7840
7835
783
0
782
5
782
0
78
6
9
786
810' Setback100' Stream SetbackExisting PondTo Be ReconfiguredExisting ShedTo Be RemovedFlowline2.0%Stormwater DetentionProposed DrywellSized For A 100-Year 1-Hour Storm Event5' Dia. 14.5' Deep - Size To BeFinalized For Permit SetCovered DeckF.F.E. - 72.9072.421 - 5.7" StepExisting Top Of SlopeMaintain Existing Ditch Flow Line72.33Existing PondTo Be Removed72.33Existing GardenTo Be RemovedStone Paver Patio72.9072.8072.82Note: Spot ElevationsAlong DeckingReflects GradesBelow DeckProposed FootprintOf Reconfigured PondsRoof Overhang5.0%Paver WalkwayOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24020NSWEDrawing ScaleUnits (Feet) 1" = 10'10C.02Grading and Drainage
<<<<0 00
1 00
1 13PC: 0+13.03PT: 0+28.74Start N. Unit AccessSTA:0+00.00N:1501341.73E:2622764.72End N. Unit AccessSTA:1+12.76N:1501361.31E:2622871.37Sta:0+10.54Off:6.00'LElev:7871.91Sta:0+05.72Off:9.00'LElev:7871.57Sta:0+08.78Off:6.00'RElev:7871.82Sta:0+05.00Off:0.00'Elev:7871.63Sta:0+02.98Off:9.00'RElev:7871.79Sta:0+57.37Off:6.00'RElev:7872.29Sta:0+62.35Off:10.53'RElev:7872.30Sta:0+62.41Off:11.19'RElev:7872.33Sta:0+61.87Off:10.24'LElev:7872.28Sta:0+56.93Off:6.00'LElev:7872.30Sta:0+62.59Off:14.91'LElev:7872.28Sta:1+02.55Off:8.77'LElev:7871.47End AccessSta:1+03.37Off:0.00'Elev:7871.74Sta:1+03.50Off:1.33'RElev:7871.78Sta:0+88.84Off:2.70'RElev:7871.87N42° 35' 11.04"E13.03'N87° 35' 11.04"E84.02'L=15.708,R=20.000D=45.0000790 Capitol Creek RdNorth UnitF.F.E. - 7872164546Sta:0+89.32Off:8.68'RElev:7872.33North Unit GarageF.F.E. - 7872.332.0%2.0%5.0%Center DrainSta:1+01.38Off:7.76'LElev:7871.42Concrete Retaining WallMax. Height - 30"787178727872787225' Setback25' SetbackExisting Structure12'2.0%R5.00R5.007872787178717871
78707871787078723.003.00GarageSta:0+75.86Off:9.94'RElev:7872.33Sta:0+30.15Off:0.00'Elev:7872.83Paver WalkwayCovered Entryway DeckRoof OverhangN. Unit Access ProfileHorizontal Scale: 1"=5'Vertical Scale: 1"=5'78707880787078800+20EG 7871.1 FG 7872.38
0+40EG 7871.8
FG 7872.81
0+60EG
FG 7872.29
0+80EG 7870.2
FG 7872.23
1+00EG 7870.1
FG 7871.80 5.00%-2.00%1.18%Start N. Unit Access = 0+05.00ELEV = 7871.632
End S. Unit Access = 0+93.51
ELEV = 7872.330 PVI STA: 0+74.94PVI ELEV: 7872.11K: 2.75LVC: 8.76BVCS: 0+70.56
BVCE: 7872.20
EVCS: 0+79.32
EVCE: 7872.16LOW PT. STA: 0+76.06LOW PT ELEV: 7872.14PVI STA: 0+31.82PVI ELEV: 7872.97K: 1.72LVC: 12.01BVCS: 0+25.82BVCE: 7872.67
EVCS: 0+37.83
EVCE: 7872.85HIGH PT. STA: 0+34.40HIGH PT ELEV: 7872.89Property LineOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24010NSWEDrawing ScaleUnits (Feet) 1" = 5'5C.03N. Unit Access Plan and Profile
0 00
0
81Start South Unit AccessSTA:0+00.00N:1501264.51E:2622779.83End South Unit AccessSTA:0+81.38N:1501274.58E:2622860.58Sta:0+10.00Off:9.00'LElev:7873.19Sta:0+10.00Off:9.00'RElev:7873.60Start AccessSta:0+10.00Off:0.00'Elev:7873.38Sta:0+15.00Off:6.00'LElev:7873.28Sta:0+15.00Off:6.00'RElev:7873.28Sta:0+34.65Off:6.00'RElev:7872.80Sta:0+38.61Off:10.55'RElev:7872.67Sta:0+38.08Off:14.43'RElev:7873.34Sta:0+50.64Off:16.22'RElev:7873.02Sta:0+50.71Off:15.74'RElev:7872.95Sta:0+55.18Off:12.34'RElev:7872.45Sta:0+69.64Off:14.21'RElev:7872.36End AccessSta:0+71.38Off:0.00'Elev:7872.24Sta:0+71.97Off:4.58'LElev:7872.24Sta:0+76.23Off:4.03'LElev:7872.33Sta:0+77.79Off:16.13'LElev:7872.33Sta:0+46.41Off:15.78'LElev:7872.33Sta:0+46.43Off:14.09'LElev:7872.35Sta:0+38.43Off:6.00'LElev:7872.692.0%3.0%3.0%1.8%2.5%1.9%790 Castle CreekSouth UnitF.F.E. - 785321321311South Unit GarageF.F.E. - 7872.33Property Line10' SetbackCapitol Creek Rd
Stone Paver Entryway Patio25' Setback30' SetbackLandscape Planter12'Concrete AutocourtCenter DrainSta:0+60.10Off:0.00'LElev:7872.0478737873
7873R4.00R4.00R8.00787278737873 78737872
78717871787278727872N82° 53' 15.59"E81.38'3.00GarageSta:0+62.10Off:15.95'LElev:7872.33Property LineSta:0+21.49Off:0.00'Elev:7873.15Roof OverhangSouth Unit Access ProfileHorizontal Scale: 1"=5'Vertical Scale: 1"=5'78707880787078800+20EG 7873.1
FG 7873.18
0+40EG 7872.9
FG 7872.64
0+60EG 7872.6
FG 7872.04
0+80EG 7872.3
FG -2.00%-3.00%1.81%Start S. Unit Access = 0+10.00ELEV = 7873.377
End N. Unit Access = 0+71.38
ELEV = 7872.244 PVI STA: 0+26.56PVI ELEV: 7873.05K: 5.00LVC: 4.99BVCS: 0+24.07
BVCE: 7873.10
EVCS: 0+29.06
EVCE: 7872.97Property LineOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24Drawing ScaleUnits (Feet) 1" = 5'0510NSWEC.04S. Unit Access Plan and Profile
Attachment 8
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: Q62016849-3 Date: 01/09/2025
Property Address: 790 CASTLE CREEK DR, ASPEN, CO 81611
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
JAMES M CERISE
Delivered via: No Commitment Delivery
RAWLEY DESIGN PLANNING LLC
Attention: PATRICK RAWLEY
39 QUAIL RUN
CARBONDALE, CO 81623
(970) 920-1628 (Cell)
(970) 925-2323 (Work)
(970) 920-1628 (Work Fax)
patrick@rawleydesignplan.com
Delivered via: Electronic Mail
Attachment 9
Estimate of Title Fees
Order Number: Q62016849-3 Date: 01/09/2025
Property Address: 790 CASTLE CREEK DR, ASPEN, CO 81611
Seller(s): VIRGINIA R. CERISE AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF
MARTIN J. CERISE AND CAROLYN BARABE AND JAMES M. CERISE
Buyer(s): TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TBD - TBD Income $-132.50
TBD - TBD Income $-132.50
TOTAL $0.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Pitkin county recorded 07/17/1956 under reception no. 104059 at book 172 page 533
Pitkin county recorded 05/05/1981 under reception no. 232610 at book 408 page 8
Pitkin county recorded 03/23/1995 under reception no. 379981 at book 777 page 4
Pitkin county recorded 06/28/1995 under reception no. 382754 at book 785 page 156
Pitkin county recorded 08/12/1996 under reception no. 395858
Pitkin county recorded 01/04/2000 under reception no. 439171
Pitkin county recorded 01/04/2000 under reception no. 439172
Pitkin county recorded 06/25/2003 under reception no. 484558
Plat Map(s):
Pitkin county recorded 03/02/1955 at book 2A page 177
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
790 CASTLE CREEK DR, ASPEN, CO 81611
1.Effective Date:
12/27/2024 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
VIRGINIA R. CERISE AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MARTIN J. CERISE AND
CAROLYN BARABE AND JAMES M. CERISE
5.The Land referred to in this Commitment is described as follows:
LOT 9,
CASTLE CREEK SUBDIVISION,
AS SHOWN ON THE PLAT RECORDED MARCH 2, 1955 IN DITCH BOOK 2A AT PAGE 177.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62016849-3
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62016849-3
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF
SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO ISSUE DELETIONS. UPON REVIEW,
ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID
POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT.
3.COPY OF LETTERS CERTIFIED BY A COLORADO COURT EVIDENCING THE APPOINTMENT OF A
PERSONAL REPRESENTATIVE IN THE ESTATE OF MARTIN J. CERISE, DECEASED. (MUST BE CERTIFIED
WITHIN THE LAST YEAR)
4.RECORD PERSONAL REPRESENTATIVES DEED FROM ______, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF MARTIN J. CERISE, DECEASED TO TO BE DETERMINED.
5.WARRANTY DEED FROM JAMES M. CERISE AND CAROLYN BARABE TO TO BE DETERMINED
CONVEYING SUBJECT PROPERTY.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, 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 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that 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; (b) proceedings by a public
agency that 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.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 27, 1892 IN BOOK 55 AT
PAGE 32 AND RECORDED DECEMBER 3, 1892 IN BOOK 55 AT PAGE 35 AND RECORDED JUNE 16, 1894
IN BOOK 55 AT PAGE 45.
9.TERMS, EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS CONTAINED IN PLAT
RECORDED MARCH 5, 1955 IN PLAT BOOK 2A AT PAGE 177 AND CORRECTION PLAT RECORDED
NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241.
10.TERMS, CONDITIONS AND PROVISIONS OF WATER AGREEMENT RECORDED AUGUST 22, 1955 IN
BOOK 180 AT PAGE 401 AND RATIFICATION OF AGREEMENT RECORDED FEBRUARY 2, 1959 IN BOOK
186 AT PAGE 465 AND AGREEMENT RECORDED NOVEMBER 19, 1958 IN BOOK 186 AT PAGE 34, WHICH
WAS CONVEYED TO THE CITY OF ASPEN BY CONVEYANCE RECORDED JANUARY 27, 1970 IN BOOK
246 AT PAGE 395 AND MAINTENANCE AGREEMENT RECORDED AUGUST 26, 1980 IN BOOK 393 AT
PAGE 695 AND AMENDMENT RECORDED FEBRUARY 21, 2013 AS RECEPTION NO. 597137.
11.TERMS, CONDITIONS AND PROVISIONS OF UNILATERAL AGREEMENT FOR UNDERGROUND
CONVERSION OF SECONDARY SERVICE RECORDED MARCH 30, 1992 IN BOOK 673 AT PAGE 106.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF FENCE LINE AGREEMENT AND LICENSE
AGREEMENT RECORDED OCTOBER 18, 2012 AS RECEPTION NO. 593195.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS RECORDED SEPTEMBER 9, 2020 AS RECEPTION NO. 667951.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016849-3
14.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF
ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR
ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK,
CHANNEL OR FLOW OF WATERS IN THE CASTLE CREEK LYING WITHIN SUBJECT LAND; AND ANY
QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL
DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT
LANDS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016849-3
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Attachment 10
Attachment 11
Pitkin County Mailing List of 300 Feet Radius
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From Parcel: 273512206001 on 12/02/2024
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Attachment 12
745-755 CASTLE CREEK DR OWNERS ASSOC
ASPEN, CO 81611
745-755 CASTLE CREEK DR
750 CCD LLC
FORT WORTH, TX 76102
616 TEXAS ST
765/767 CEMETERY LANE LLC
CUMBERLAND, RI 02864
200 SCENIC VIEW DR
777 CLUB LLC
ASPEN, CO 81611
777 CEMETERY LN
810 CEMETERY LN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
810 CEMETERY LN
ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A
ASPEN, CO 81611
409 PARK CIR #4
BICKHAM FAMILY INTERESTS LLC
HOUSTON, TX 77019
3229 DEL MONTE DR
CASTLE CREEK DRIVE TOWNHOMES
ASPEN, CO 81611
777 CASTLE CREEK DR
CASTLE FELIZ 8 PROPERTY LLC
HOUSTON, TX 77024
10910 KEMWOOD
CITY OF ASPEN
ASPEN, CO 81611
427 RIO GRANDE PL
ENGLANDER ALAN S QPRT
GREENWICH, CT 06831-3642
9 BAILIWICK WOODS CIR
ENGLANDER LINDA K QPRT
GREENWICH, CT 06831-3642
9 BAILIWICK WOODS CIR
FRYKLUND ROBERT & LOUISE
HOUSTON, TX 77005
2917 DUKE ST
GCC PROP LLC
ASPEN, CO 81611
787 CASTLE CREEK DR
GOLDSBURY CHRISTOPHER JR TRUST
SAN ANTONIO, TX 782151285
303 PEARL PKWY #300
GOLDSMITH TOWNHOMES CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
795 CEMETERY LN
HORAN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
805 CEMERTERY LN
MCLAUGHLIN TRACY REV TRUST
ASPEN, CO 81611
737 CEMETERY LN
MEYER FAMILY LLC
RIVER RIDGE, LA 70123
101 DESTIN LN
PATSLEY FAMILY REV TRUST
DALLAS, TX 75205
25 HIGHLAND PARK VLG #100-762
RABINOW FAM 2021 GST TRUST
HOUSTON, TX 77027
3464 WICKERSHAM
RABINOW KATHRYN L E
HOUSTON, TX 77027
3711 SAN FELIPE #12-I
RABINOW RICHARD A
HOUSTON, TX 77027
3711 SAN FELIPE #12-1
RED BUTTE CEMETERY
ASPEN, CO 81611
PO BOX 194
ROWLANDS DONNA K REV TRST
ASPEN, CO 81611
770 CEMETERY LN
SAMS CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
743 CEMETERY LN
SEGUIN MICHAEL A & KIMBERLY
ASPEN, CO 81611
793 CEMETARY LN
WAYBURN CYNTHIA ANN REV LVG TRUST
MEDINA, WA 98039
2441 EVERGREEN POINT RD
WEIMANN-WINCHESTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
775 & 777 CEMETERY LN
WESTVIEW HOLDINGS LLC
SAN ANTONIO, TX 782151285
303 PEARL PKWY #300
WINCHESTER ROBERT P
ASPEN, CO 81611
777 CEMETERY LN
9,028
1,504.7
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet01,504.7752.33
Notes
Pitkin Maps & More
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:38 PM 12/02/24 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 9K
Primary Road
Secondary Road
Service Road
Parcel Boundary
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
PRE-APPLICATION CONFERENCE SUMMARY
PRE-24-003
DATE: February 16, 2024
PLANNER: Sophie Varga, Sophie.varga@aspen.gov, 970-429-2778
PROJECT ADDRESS: 790 Castle Creek Drive
PARCEL ID: 273512206001
REPRESENTATIVE: Patrick Rawley, patrick@rawleydesignplan.com, 970-306-5669
REQUEST: Growth Management – Single Family and Duplex Demolition and
Redevelopment Allotment; Establishment of an Accessory Dwelling
Unit; Establishment of Top of Slope.
DESCRIPTION: The applicant proposes to demolish the existing single-family residence and
redevelop the property with a duplex and an Accessory Dwelling Unit. The applicant has represented
that the owners have owned and occupied their residence for at least 35 years. The subject parcel
is a 58,010 square foot lot located in the Low-Density Residential Zone District (R-30). Castle Creek
flows through the property. The eastern side of the property is below the Top of Slope and/or within
the Special Flood Hazard Area (Flood Area Zone AE).
The Stream Margin Environmentally Sensitive Area applies “to all development within one hundred
(100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary
streams and to all development within the Flood Hazard Area, also known as the 100-year flood
plain.” Since this parcel is outside of the official stream margin map, the applicant will need to
establish the Top of Slope on the property as part of the land use application.
The Accessory Dwelling Unit (ADU) should conform to Sec.26.520.050- Design Standards. A deed
restriction must be placed on the ADU and it must be detached from the primary residences. ADUs
are not considered units of density. A detached ADU that is conveyed separate from the primary
residences as a “for sale” affordable housing may be used to satisfy employee housing requirements
(Sec.26.520.020 – General). A “for sale” ADU is excluded from the calculation of floor area up to
1,200 square feet per parcel and the allowable floor area of a parcel containing said ADU is increased
in an amount equal to 50% of the floor area of the ADU, up to a maximum bonus of 600 square feet
per parcel.
The applicant mentioned a front-to-back orientation for the proposed duplex. This layout may present
difficulties when complying with the Residential Design Standards. Alternative compliance or a
variance to the Residential Design Standards may be combined with other land use reviews in a
single application.
The Demolition of a free-market single family or duplex residential structure requires a Growth
Management Quota System Allotment pursuant to Chapter 26.580 and Section 26.470.090.C.
Typically there are six demolition allotments available each year, however, City Council granted four
of the 2024 allotments in 2023 via Section 26.470.110.A, Multi-Year Demolition Allotment. Four 2024
allotments were available at the start of 2024 for the demolition allotment lottery. The lottery period
for administrative applications closed in January; more applications were received than the available
Attachment 13
allotments. The following options are available for property owners to pursue a Demolition Allotment
in 2024.
1. Multi-Year Demolition Allotment – Section 26.470.110.A
An application may be submitted to be considered by City Council for a Multi-year Demolition
allotment. This review requires a project to demonstrate compliance with five or more of the
review criteria established by this section. Multi-year allotments are considered at a public
hearing and approved by resolution at City Council’s discretion. Any allotments awarded through
this review are subtracted from future years available allotments.
2. Additional Allotments for Local Property Owners who have owned and occupied their
residence for at least 35 years. – Section 26.470.110.G
If a property owner has owned and occupied their residence for 35+ years and can provide
adequate documentation demonstrating continual occupancy and ownership, City Council may
grant up to two (2) additional allotments beyond the initial six available each year. These
allotments are not subtracted from subsequent years. In order to submit for one of the additional
allotments pursuant to Section 26.470.110.G, an application must first be accepted for an
administrative Demolition allotment Pursuant to Section 26.470.090.C and must include the
standard application contents listed below. That application will be denied via a Notice of Denial,
once denied, an amended application can be submitted to pursue an Additional Allotment for
Local property owners. The amended application must contain the required additional application
contents for this review, as described below.
On January 9, 2024, Council approved Resolution #006, Series of 2024, to ‘carry forward’ two
unused and unclaimed 35+ Year Local Demolition Allotments, creating four (4) total 35+ Year
Local Demolition Allotments for 2024.
3. Section 26.470.160.C – Insufficient Development Allotment Appeal
This code section allows for an appeal to be considered by City Council when no allotments are
available. In order to submit for an Appeal due to Insufficient Development Allotments, an
application must first be submitted for an administrative Demolition allotment Pursuant to Section
26.470.090.C, and must include the standards application contents listed below. That application
will be denied via a Notice of Denial, once denied, an amended application can be submitted to
pursue the Appeal option. The appeal procedures in Chapter 26.316 apply to this process.
The applicant has represented that they will pursue Option 2, Additional Allotments for Local Property
Owners who have owned and occupied their residence for at least 35 years. The fees and hearing
path below are based off of Option 2. The applicant should initially submit an application requesting
an administrative allotment. Staff will issue a Notice of Denial due to a lack of allotments. The
applicant will then respond to the Notice of Denial, requesting a local demolition allotment.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use Application Land Use Code
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.410 Residential Design Standards
26.435.040 Stream Margin Review
26.470.040 Allotment Procedures
26.470.090.c Administrative Applications - Single Family & Duplex Demolition and
Redevelopment
26.470.110.A City Council Applications - Multi-year Demolition Allotments
26.470.110.G City Council Applications - Additional Allotments for Local Property Owners
26.470.160.C Appeals - Insufficient Development Allotment Appeal
26.520 Accessory Dwelling Units and Carriage Houses
26.575.020.d.11 Measuring Floor Area - Permanently Affordable Accessory Dwelling Units
and Carriage Houses
26.580 Demolition
26.710.080 Low-Density Residential (R-30)
Review by: Staff for completeness.
Step 1:
Staff will review and issue a Notice of Denial due to insufficient allotments.
Step 2:
The applicant will submit an amended application requesting a local
allotment, staff will provide a recommendation to City Council.
City Council for Decision
Public Hearing: Yes
Initial review and denial will be administrative.
Subsequent review for local allotment will be before City Council.
Planning Fees: $3,250 deposit for 10 hours of staff work. Additional/lesser hours will be
billed/refunded at $325/hr.
Referral Fees: Engineering: $1,500 flat fee
Parks: $975 flat fee
APCHA: $375 deposit for 1 hour of staff work. Additional/lesser hours will be
billed/refunded at $325/hr.
TOTAL: $6,100
To apply, email the following information in a single pdf to CDEHadmins@aspen.gov with
PRE-24-003 in the subject line.
Standard Application Contents:
Completed Land Use Application, including signed HOA Compliance form and agreement
to pay fees.
Pre-application Conference Summary (this document).
Contained within a letter signed by the applicant, the applicant's name, address and
telephone number and the name, address and telephone number of any representative
authorized to act on behalf of the applicant.
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.
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. The survey and proposed site plan shall include the
100-year floodplain line, high water line, and proposed Top of Slope. It should also include
existing and proposed grades at two-foot contours, with five-foot intervals for grades over
ten percent (10%).
A written description of the proposal and a written explanation of how the proposed
development complies with the review standards relevant to the development application.
o Complete responses to all Review Criteria in Section 26.470.090.C sufficient to
analyze and determine that review criteria are met.
o Responses to 26.520.050 – ADU Design standards. This should include a floor plan,
floor area calculations, and net livable calculations.
o Responses to 26.435.040 – Stream Margin review.
o If RDS Alternative Compliance or a Variance is requested, refer to Sec. 26.410.020
(Procedures for Review)
Proposed site plan.
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.
26 February 2025
Ms. Haley Hart, AICP
Long-Range Planning
City of Aspen Community Development
427 Rio Grande Place
Aspen, CO 81611
Provided Via Electronic Mail: haley.hart@aspen.gov
RE: 790 Castle Creek / Addendum Submitted in Connection with Notice of Denial
(LPA-24-133)
Dear Haley:
On behalf of James M. Cerise and Carolyn Barabe (the “Applicants”) and in
connection with the Notice of Denial, dated 21 February 2025, of the demolition
allotments requested in connection with the land use application submitted for 790
Castle Creek Drive, Aspen, Colorado (the “Property”), please accept this
addendum/alternative to a formal appeal of the Notice of Denial. The Applicants are
providing a response to “Option 3: Own & Occupy Subject Residence for at Least 35
Years” (“Option 3”). This addendum is submitted within the required fifteen (15) days
from the date of the Notice of Denial.
Option 3 is specifically provided as an alternative to a formal appeal of the Notice of
Denial. Pursuant to COA LUC Sec. 26.470.110.G, Option 3 allows a property owner
who has owned and occupied a residence for thirty -five (35) years or more to ask the
City Council to grant one of two additional Demolition Allotments (beyond the initial
four that are made available) from future year demolition allotments.
The applicants are fifth-generation Aspenites and can trace their family history in the
Roaring Fork Valley to the 1800s. Moreover, the Applicants and their families have
lived on the Property since 1956. Rather than simply relying on the sixty-eight (68)
years spent on the Property, the Applicants request that the City Council consider
their families’ very real commitment to the Aspen community, where family members
have lived and worked for so long. The Applicants also ask the Council to appreciate
that the proposed duplex associated with the demolition permit will allow the
Applicants to remain on the Property and among their friends in the community
during their retirement, while also providing a new family home for the next
generations to remain in Aspen.
The Applicants provide the attached additional documentation in support of Option 3.
This information includes:
Ms. Haley Hart, AICP
790 Castle Creek / Addendum Submitted in Connection with Notice of Denial (LPA-24-133)
26 February 2025
Page | 2
• Affidavit signed by the Applicants, providing a history of the Property and the
family’s ownership of the Property;
• A chain of title of the Property;
• Pitkin County Treasurer’s receipts of tax payments for taxes due on the
Property; and
• Confirmation of the Applicant’s local and long-term employment with the
Aspen Skiing Company.
We look forward to working with staff to verify the sufficiency of the supporting
documentation. Following this coordination, we anticipate scheduling and attending a
public hearing with the City Council to review the Applicant’s request for a demolition
allotment.
Very truly yours,
Patrick S. Rawley, AICP, ASLA
RAWLEY DESIGN PLANNING LLC
ATTACHMENTS