HomeMy WebLinkAbout96 McSkimming Hot Tub Variation Application_211207Page 1 of 4
December 7, 2021
Mr. Phillip Supino
City of Aspen Community Development Department
427 Rio Grande Place
Aspen, CO 81611
RE: 96 McSkimming Road – Land Use Application
Aspen Grove Subdivision, Lot 5, Block 1
Parcel ID#: 273718104015
Dear Mr. Supino,
Please accept the enclosed application for an Administrative Modification for a hot tub and fire feature
located in a street-facing yard, pursuant to Land Use Code section 26.575.020.e.5.n-m for the property
located at 96 McSkimming Road (Parcel ID 273718104015). Cooper Duplex, LLC (the “Applicant”) is the
owner of the property, which is legally described as Lot 5 of the Aspen Grove Subdivision (see Attachment
1 for the Vicinity Map). The applicant is represented by Design Workshop Inc. and 4240 Architects in this
application, (see Attachment 2 for letter of authorization and Attachment 3 for the proof of ownership).
The property, currently developed with a single family residence, is in the R-15B Zone District and is
approximately 9,255 sq ft in gross area. The Applicant proposes to redevelop the property with a new
single-family residence. A portion of McSkimming Road crossed the property. The net area containing the
McSkimming right-of-way has been excluded from the net lot calculation for floor area calculations resulting
in a net lot size of approximately 9,005 sq. ft. The lot was established in the 1958 Aspen Grove Subdivision
and is considered a legally established Nonconforming lot of record pursuant to Section 26.312.050. The
Land Use Code permits redevelopment of the property with a single-family home provided the new single-
family residence meets the following criteria: “The proposed single-family dwelling can be located on the
lot so that the yard, height, open space and floor area dimensional requirements of the zone district can
be met”. The new residence will have conforming floor area and yard requirements; therefore, the Applicant
has met the standards for redeveloping the lot.
This parcel is considered a “Reverse Curve Lot,” with
public right-of-way located on three (3) sides (north,
east, and west) of the property. The setback
measurement is shown in Section 26.575.020.E.2 of
the Land Use Code, which states “For reverse curve
lots, the curved portion of the lot line shall be
considered the front lot line and the two opposing
parcel boundaries shall be considered side lot lines”.
This is further articulated in the City’s diagram
(Diagram 11 from the City of Aspen Land Use code).
Page 2 of 4
Following the setback measurement shown in Section
26.575.020.E.2 of the Land Use Code, the north side of the
lot is considered the front lot line, as this faces the curved
portion of the lot line. The east and west opposing parcel
boundaries are considered side lot lines. The 96
McSkimming parcel’s location and setbacks can be seen in
the image to the right, as well as in more detail in the
survey (see Attachment 4) and the site plan documents
(see Attachment 5).
The Land Use Code limits the location of permanently
affixed hot tubs, fire features, mechanical equipment, and
the like, in setbacks and in areas adjacent to a street,
stating:
1. Prohibited between any lot line adjacent to a
street and any structure; and
2. Shall be located at least double the minimum
setback for a primary structure from any lot line
adjacent to a street; and
3. If visible from the street, these features shall be
screened in accordance with Section 26.575.050, Fences; and
4. If located within a setback not adjacent to a street, these features shall not exceed thirty (30)
inches above or below finished grade. These features may be up to thirty (30) inches above and
below finished grade simultaneously. Improvements may exceed thirty (30) inches below grade if
necessary for the structural integrity of the improvement.
The lot has unique dimensions, with a width of just 25 feet at the curve, and approximately 92 feet at the
rear lot line. When the limitations for location of these features are added, it leaves no practical location for
any of these features. The allowed location for these features is just 119 sq ft of lot area on this 9,005 sq ft
lot (See Attachment 5). Importantly, this is where mechanical equipment has been located in an effort to
minimize this variation request.
When considering the easiest location to place these features, the team originally contemplated them in the
reverse curve portion of the site, as this area is the flattest and would have limited site disturbance.
However, this is also the location most visible from the street. For this reason, the features were located in
the opposite portion of the site, adjacent to the rear lot line. This location means a variation is required
from just one (1) street facing façade (lower McSkimming) instead of from three (3). The hot tub has been
tucked in the corner of the site, behind vegetation, to limit its view from the street. Additionally, an outdoor
grill is included in this portion of the site. It is located over twenty-six (26) feet from the property line,
adjacent to an outdoor overhang.
It is located over eleven (11) feet from the property line and is just over nine (9) feet higher in elevation.
When measured from the edge of pavement, the hot tub is over forty (40) feet setback. This distance,
combined with the landscaping effectively screen the feature. This significant setback ensures it cannot be
seen from the street.
Page 3 of 4
The property is steeply sloped, with the lower portion of McSkimming located approximately 24 feet below
the upper portion of McSkimming. This significant slope change creates a unique relationship between the
developable portions of the site and the lot lines that is not anticipated in the Code section, with the slopes
creating a natural form of screening from the street. The area between the hot tub and the street consists
entirely of vegetation, which combined with the grade change provide effective screening from the lower
portion of McSkimming. This can be seen in more detail in the image to the below and in Attachment 5.
The landscaping consists of three (3) Pinyon Pines and various low shrubs to help screen the hot tub area.
The features are located double the setback along the lower portion of McSkimming, meeting the
requirements of subsection 2, and providing an additional buffer from the street. Additionally, a low wall is
proposed for retaining purposes and to help further screen the hot tub.
Due to the unique lot configuration and site topography, we request the Community Development Director
approve an administrative exception for this property, pursuant to the following allowances in the code:
“The Community Development Director may approve exceptions to the requirements of m) and n) above.
The Community Development Director must first determine that the visual impact of the exemption is
minimal and that no other reasonable option exists. Approval shall be in the form of a recordable
administrative determination.” (Section 26.575.020.e.5.n-m)
We believe that given the site constraints there is no other reasonable option for the location of these
features, and that the efforts to set the features back and provide screening effectively minimize the visual
impact.
Thank you for your consideration of this request. We look forward to your review and determination. Please
let us know if you need any additional information related to this request. Thank you for your time and
review.
Sincerely,
Jessica Garrow, AICP DJ Gratzer
Design Workshop 4240 Architecture
Principal Associate Principal
Page 4 of 4
List of Attachments:
Attachment 1 – Vicinity Map
Attachment 2 – Applicant Authorization
Attachment 3 – Proof of Ownership (Warranty Deed and Title Commitment)
Attachment 4 – Survey
Attachment 5 – Site Plan and Land Use Drawings
Attachment 6 – Land Use Application Forms
Attachment 7 – Pre-Application Conference Summary
0’50’ 100’ 500’
120 East Main Street
Aspen, Colorado 81611
970.925.8354
designworkshop.com
Design Workshop, Inc.
Landscape Architecture
Planning
Urban Design
Strategic Services
November 16, 2021
Mr. Phillip Supino
City of Aspen Community Development Department
427 Rio Grande Place
Aspen, CO 81611
Re: Letter of Authorization for applications and communication regarding 96
McSkimming Road, PID# 273718104015
Dear Mr. Supino:
As the owners of the above referenced property, we hereby authorize Design Workshop, Inc.
and 4240 to act as our designated and authorized representative for the preparation,
submittal and processing of a development application and any associated land use reviews
for our property located at 96 McSkimming Road. Design Workshop Inc. and 4240 are also
authorized to represent me in meetings with City of Aspen staff, the Hearing officer, the
Planning and Zoning Commission, City Council, and/or the Board of Adjustment.
Should you have any need to contact us during the course of the review, please do so
through Jessica Garrow at Design Workshop, Inc, whose address and telephone number is
included in the application.
Sincerely,
96 McSkimming, LLC
Bryan Peterson
Signature:_________________________
Date:_____________________________
11/16/21
RECEPTION#: 671150, R: $18.00, D: $200.00, 12/03/2020 at 11:11:12 AM, Pgs 1 of 2, Janice K. Vos Caudill, Pitkin County, CO
WARRANTY DEED �1 Q
C- I_f_q
THIS DEED, made this 2nd day of December, 2020, between
URSULA R. FREUDIGER
whose address is 0096 McSkimming Road, Aspen, CO 81611, GRANTOR(S), and
COOPER DUPLEX, LLC, A COLORADO LIMITED LIABILITY COMPANY
whose address is PO Box 6236, Snowmass Village, CO 81615, GRANTEE(S):
WITNESS, that the grantor(s), for and in consideration of the sum of Two Million and 00/100 Dollars ($2,000,000.00), the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto the grantee(s), grantee's heirs and assigns forever, all the real property,
together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as
follows:
Lot 5,
Block 1
ASPEN GROVE SUBDIVISION
according to the Plat thereof recorded 7/18/1958 in Ditch Book 2 at Page 246.
also known by street and number as: 96 McSkimming Road, Aspen, CO 81611
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appurtaining, and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, grantee's
heirs and assigns forever.
The grantor(s), for the grantor, grantor's heirs, and personal representatives, does covenant, grant, bargain and agree to and with the
grantee, grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except for general taxes for the current year and subsequent years, and except easements, covenants, conditions,
restrictions, reservations, and rights of way of record, if any; subject to Statutory Exceptions as defined in C.R.S. §38-30-113, Revised.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantees, grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
RETT
THE CITY or ASPEN Approved
R111TITLE COMPANY GENERAL WARRANTY DEED - 0706748
of the rockie5 December 2, 2020
10:34 AM
RECEPTION#: 671150, 12/03/2020 at 11:11:12 AM, Pgs 2 of 2, Janice K. Vos Caudill, Pitkin County, CO
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Ursula R. Freudiger
STATE OF: Colorado
COUNTY OF: Pitkin
The foregoing instrument was subscribed, sworn to, and acknowledged before me this 2nd day of December,
2020 by Ursula R. Freudiger.
My Commis es: Witness my hand andoffi,cial se 1.
7
P
Notary Public
TITLE COMPANY GENERAL WARRANTY DEED - 0706748
I of the `°`k'es December 2, 2020
8:09 AM
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62013733 Date: 11/23/2021
Property Address:96 MCSKIMMING RD, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
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
COOPER DUPLEX LLC,
Delivered via: No Commitment Delivery
Agent for Seller
DOUGLAS ELLIMAN REAL ESTATE
Attention: JONATHAN BOXER
630 E HYMAN AVE #101
ASPEN, CO 81611
(970) 925-8810 (Work)
(970) 925-8821 (Work Fax)
jonathan.boxer@elliman.com
Sara.Perkowski@elliman.com
bryan.aspenre@gmail.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q62013733 Date: 11/23/2021
Property Address:96 MCSKIMMING RD, ASPEN, CO 81611
Parties:TO BE DETERMINED
COOPER DUPLEX, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
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 effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 12/03/2020 under reception no.
671150
Plat Map(s):
Pitkin county recorded 07/18/1958 at book 2A page 246
Copyright 2006-2021 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:
96 MCSKIMMING RD, ASPEN, CO 81611
1.Effective Date:
11/12/2021 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:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
COOPER DUPLEX, LLC, A COLORADO LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
LOT 5,
BLOCK 1,
ASPEN GROVE SUBDIVISION AS SHOWN ON THE PLAT RECORDED JULY 18, 1958 IN DITCH BOOK 2A AT
PAGE 246.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62013733
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62013733
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.REGISTRATION OF COOPER STREET, LLC AS A COLORADO LIMITED LIABILITY COMPANY TO SHOW
EXISTENCE OF LLC AS A COLORADO ENTITY. CURRENTLY THE LLC IS SHOWN AS A FOREIGN ENTITY
FROM MINNESOTA AND THE VESTING IN THE PURCHASE DEED SHOWS THIS TO BE A COLORADO
LIMITED LIABILITY COMPANY.
3.QUIT CLAIM DEED FROM COOPER DUPLEX, LLC, A COLORADO LIMITED LIABILITY COMPANY TO
COOPER DUPLEX, LLC, A MINNESOTA LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY.
(THIS REQUIREMENT IS NECESSARY TO CONVEY THE PROPERTY TO THE CORRECT ENTITY)
4.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
COOPER DUPLEX, LLC RECORDED NOVEMBER 17, 2020 UNDER RECEPTION NO. 670652 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES JOEL D. SHAPIRO AS THE CHIEF MANAGER AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
5.WARRANTY DEED FROM COOPER DUPLEX, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
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.ANY VEIN OR LODE OF QUARTZ, OR OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR,
LEAD, TIN, COPPER OR OTHER VALUABLE DEPOSITS CLAIMED OR KNOWN TO EXIST, AS RESERVED
IN THE UNITED STATES PATENT RECORDED JUNE 17, 1949 IN BOOK 175 AT PAGE 246 AND AT PAGE
243.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949, IN BOOK 175 AT PAGE
246, AND 243.
10.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,
FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT
(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN
INSTRUMENT RECORDED AUGUST 14, 1958 IN BOOK 184 AT PAGE 479 AND AS AMENDED BY
INSTRUMENT RECORDED SEPTEMBER 12, 1958 IN BOOK 185 AT PAGE 157.
11.EASEMENTS, RIGHTS OF WAY, AND ALL MATTERS SHOWN ON THE PLAT RECORDED JULY 18, 1958 IN
DITCH BOOK 2A AT PAGE 246.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62013733
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION RECORDED AUGUST 12, 1958
IN BOOK 184 AT PAGE 468.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF WATER CONTRACT RECORDED JULY 9,
1968 IN BOOK 235 AT PAGE 352.
14.TERMS, CONDITIONS AND PROVISIONS OF CITY OF ASPEN, ORDINANCE NO. 28, SERIES OF 1987,
RECORDED JULY 22, 1987 IN BOOK 541 AT PAGE 979 AND ON ANNEXATION PLAT RECORDED JULY 22,
1987 IN PLAT BOOK 19 AT PAGE 97 AND AS SET FORTH IN ORDINANCE# 26 RECORDED OCTOBER 1,
1987 IN BOOK 547 AT PAGE 191.
15.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF DECLARATION RECORDED NOVEMBER 29,
1989 IN BOOK 608 AT PAGE 646.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62013733
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.
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)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
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 10-1-11(4)(a)(1), 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 GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE 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.
“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)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
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 Land Title Insurance Corporation. 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.
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)
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)
TREE TABLE
TREE ID#
TREE TYPE
TRUNK DIAMETER
DRIP LINE RADIUS
1
DECIDU❑US
7"
6'
2
DECIDU❑US
7"
7'
3
DECIDU❑US
7"
9'
4
EVERGREEN
4"
6'
5
DECIDU❑US
6"
8'
6
DECIDU❑US
6"
6'
7
DECIDU❑US
6"
6'
8
DECIDU❑US
7"
9'
9
DECIDU❑US
6"
9'
10
DECIDU❑US
6"
9'
11
DECIDU❑US
6"
6'
12
DECIDU❑US
6"
7'
13
DECIDU❑US
7"
8'
14
DECIDU❑US
7'
8'
15
DECIDU❑US
6'
8'
16
DECIDU❑US
6'
8'
17
DECIDU❑US
6'
10,
18
DECIDU❑US
6"
9'
19
DECIDU❑US
6"
9'
20
DECIDU❑US
7"
9'
21
DECIDU❑US
7"
10,
22
DECIDU❑US
7"
8'
23
DECIDU❑US
7"
11'
24
DECIDU❑US
7"
10,
25
DECIDU❑US
7"
11'
26
DECIDU❑US
6"
8'
27
DECIDU❑US
6"
8'
28
DECIDU❑US
6"
8'
29
DECIDU❑US
6"
7'
30
DECIDU❑US
8'
8'
31
DECIDU❑US
6'
9'
32
DECIDU❑US
7'
9'
33
DECIDU❑US
6'
7'
34
DECIDU❑US
8"
8'
35
DECIDU❑US
8"
7'
36
DECIDU❑US
8"
8'
37
DECIDU❑US
6"
8'
38
DECIDU❑US
7"
9'
39
DECIDU❑US
8"
9'
40
DECIDU❑US
6"
4'
41
DECIDU❑US
7"
7'
42
DECIDU❑US
8"
7'
43
DECIDU❑US
6"
6'
44
DECIDU❑US
8"
7'
VICINITY MAP 1 "=400'
CITY OF ASPEN
Usiff/f/aNk �ilyxmfial
LOT 5., BLOCK
I� l Aff, Jo��
PITKIN CO UNTY,
GPS MONUMENT #18
8013.41'
❑ 10 20 40
1" = 201
NOTES
1) LEGAL DESCRIPTION:
LOT 5, BLOCK 1, ASPEN GROVE SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED 7/18/1958 IN DITCH BOOK 2 AT PAGE 246. COUNTY OF PITKIN, STATE OF
COLORADO.
2) BASIS OF BEARING:
A BEARING OF S50'58'38"W BETWEEN A FOUND #5 REBAR AND 11/" YPC LS# 2376 AT
THE EASTERLY PROPERTY CORNER AND A FOUND #5 REBAR AND 11/" YPC LS# 2376 AT
THE SOUTHERLY PROPERTY CORNER. BEARINGS BASED ON THE ASPEN GROVE
SUBDIVISION PLAT BLOCK 1.
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. TITLE
INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY TITLE
COMPANY OF THE ROCKIES, ORDER NO. 0706748-C, DATED 10/13/2020.
4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT.
5) ELEVATIONS BASED UPON CITY OF ASPEN GPS MONUMENT #18 (8013.41 NAVD 88 DATUM).
BENCHMARK= 8038.10 AT S.W. PROPERTY CORNER. CONTOUR INTERVAL IS 1(ONE) FOOT.
6) ACCORDING TO FIRM MAP 08097CO366E, DATED AUGUST 15, 2019, SAID LOT IS
CONSIDERED TO BE IN ZONE X AND OUTSIDE THE 500 YEAR FLOOD PLAIN.
7) CITY OF ASPEN BUILDING RESTRICTIONS:
SETBACK RESTRICTIONS: R-15B ZONE DISTRICT REGULATIONS.
SIDE YARDS:5.0'
REAR YARD:10.0' RES. 5.0' ACCESSORY
FRONT YARD:30.0'
8) DISTANCE TO NEAREST INTERSECTING STREET: 57.0f
9) NO NATURAL HAZARDS WERE FOUND TO AFFECT SAID PARCEL ACCORDING TO MAPS
PROVIDED BY THE CITY OF ASPEN'S ENGINEERING DEPARTMENT.
10) UNDERGROUND UTILITIES SHOWN HEREON LOCATED BY OTHERS. IOCATIONS ARE
APPROXIMATE.
LEGEND
O INDICATES FOUND MONUMENT AS DESCRIBED.
YPC 1%" YELLOW PLASTIC CAP ON #5 REBAR
WM
WATER METER
(S SEWER MANHOLE
GM
GAS METER
(R) RECORD DISTANCE
RO
ROOF OVERHANG
(F) FIELD DISTANCE
DECIDUOUS TREE
OF UPPER FLOOR
EVERGREEN TREE
P
BURIED
TELEPHONE LINE
G
BURIED
GAS LINE
C
BURIED
CABLE LINE
ED
LINE
SLOPE ANALYSIS
w
BURIIED
WA ERRICAL LINE
- SLOPES 0% < 20% (4,915 SQ FTf)
- SLOPES 20% < 30% (3,591 SQ FTf) SURVEYOR'S CERTIFICATE
I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN
IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 10/2020 OF THE
+ + + + + + + ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL
+++++++++++++ IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND
+ + + + + + - SLOPES 30% AND OVER (749 SQ FTf) ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ERROR OF
+++++++++++++A CLOSURE IS LESS THAN 1/15,000.
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
717.25
61.60
61.58
S 16°38 23 E
4*55 14
C2
11.00
32.75
21.93
S 66'11'33" W
170'35'07"
C3
131.92
91.20
89.39
N 48*20'14" W
39°36'29"
MICHAEL P. LAFFERTY PLS. # 37972
A
C
C
E
S
S
O
R
Y
S
T
R
U
C
T
U
R
E
S
E
T
B
A
C
K
U
T
I
L
I
T
Y
E
A
S
E
M
E
N
T
R
E
A
R
Y
A
R
D
S
E
T
B
A
C
K
P
R
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
M
C
S
K
I
M
M
I
N
G
R
O
A
D
M
C
S
K
I
M
M
I
N
G
R
O
A
D
S
E
T
B
A
C
K
,
T
Y
P
.
Building Footprint
Double Setback
Legend
Permanent Outdoor Features
Patio/Deck
DATE#DESCRIPTION
ISSUE DATE:
SHEET NUMBER
REVIEWED:
PROJECT NUMBER:
DRAWN:
REVISIONS
6531
A
B
C
D
E
96
M
c
S
k
i
m
m
i
n
g
R
o
a
d
As
p
e
n
R
e
s
i
d
e
n
c
e
Pi
t
k
i
n
C
o
u
n
t
y
,
C
o
l
o
r
a
d
o
F
W W W . D E S I G N W O R K S H O P . C O M
N
o
v
1
7
,
2
0
2
1
-
1
1
:
2
4
a
m
F:
\
P
R
O
J
E
C
T
S
_
M
-
P
\
6
5
3
1
-
9
6
M
c
S
k
i
m
m
i
n
g
\
D
-
C
A
D
\
0
2
.
S
h
e
e
t
s
\
2
1
1
1
1
0
-
L
a
n
d
U
s
e
A
p
p
l
i
c
a
t
i
o
n
\
d
w
-
6
5
3
1
-
L
0
-
G
E
N
E
R
A
L
.
d
w
g
DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
Asheville · Aspen · Austin · Chicago · Denver · Dubai
Houston · Lake Tahoe · Los Angeles · Shanghai
120 East Main Street
(970) 925-8354
(970) 920-1387
Aspen, Colorado 81611
DR/TR JG
November 15, 2021
LAND USE
APPLICATION
LU-01NORTH0
ORIGINAL SCALE:
5 10 20
1"= 10'
42'-6"
9'
-
9
"
MCSKIMMING
ROAD
MCSKIMMING
ROAD
PROPOSED
RESIDENCE
A
LU
-
0
1
HOT TUB
SECTION A SCALE 1"= 8'
A
C
C
E
S
S
O
R
Y
S
T
R
U
C
T
U
R
E
S
E
T
B
A
C
K
U
T
I
L
I
T
Y
E
A
S
E
M
E
N
T
R
E
A
R
Y
A
R
D
S
E
T
B
A
C
K
P
R
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
M
C
S
K
I
M
M
I
N
G
R
O
A
D
M
C
S
K
I
M
M
I
N
G
R
O
A
D
S
E
T
B
A
C
K
,
T
Y
P
.
5'-0"
5'-0"
5'-0"
5'-0"
Required Setbacks
Prohibited Area
Developable Area: 370 SF (per 26.575.020.E.5.n-m)
*Area Outside Accessory Setback: 119 SF
Building Footprint
DATE#DESCRIPTION
ISSUE DATE:
SHEET NUMBER
REVIEWED:
PROJECT NUMBER:
DRAWN:
REVISIONS
6531
A
B
C
D
E
96
M
c
S
k
i
m
m
i
n
g
R
o
a
d
As
p
e
n
R
e
s
i
d
e
n
c
e
Pi
t
k
i
n
C
o
u
n
t
y
,
C
o
l
o
r
a
d
o
F
W W W . D E S I G N W O R K S H O P . C O M
N
o
v
1
7
,
2
0
2
1
-
1
1
:
2
4
a
m
F:
\
P
R
O
J
E
C
T
S
_
M
-
P
\
6
5
3
1
-
9
6
M
c
S
k
i
m
m
i
n
g
\
D
-
C
A
D
\
0
2
.
S
h
e
e
t
s
\
2
1
1
1
1
0
-
L
a
n
d
U
s
e
A
p
p
l
i
c
a
t
i
o
n
\
d
w
-
6
5
3
1
-
L
0
-
G
E
N
E
R
A
L
.
d
w
g
DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
Asheville · Aspen · Austin · Chicago · Denver · Dubai
Houston · Lake Tahoe · Los Angeles · Shanghai
120 East Main Street
(970) 925-8354
(970) 920-1387
Aspen, Colorado 81611
DR/TR JG
November 15, 2021
LAND USE
APPLICATION
LU-02NORTH0
ORIGINAL SCALE:
5 10 20
1"= 10'
A
C
C
E
S
S
O
R
Y
S
T
R
U
C
T
U
R
E
S
E
T
B
A
C
K
U
T
I
L
I
T
Y
E
A
S
E
M
E
N
T
R
E
A
R
Y
A
R
D
S
E
T
B
A
C
K
P
R
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
M
C
S
K
I
M
M
I
N
G
R
O
A
D
M
C
S
K
I
M
M
I
N
G
R
O
A
D
S
E
T
B
A
C
K
,
T
Y
P
.
DATE#DESCRIPTION
ISSUE DATE:
SHEET NUMBER
REVIEWED:
PROJECT NUMBER:
DRAWN:
REVISIONS
6531
A
B
C
D
E
96
M
c
S
k
i
m
m
i
n
g
R
o
a
d
As
p
e
n
R
e
s
i
d
e
n
c
e
Pi
t
k
i
n
C
o
u
n
t
y
,
C
o
l
o
r
a
d
o
F
W W W . D E S I G N W O R K S H O P . C O M
N
o
v
1
7
,
2
0
2
1
-
1
1
:
2
4
a
m
F:
\
P
R
O
J
E
C
T
S
_
M
-
P
\
6
5
3
1
-
9
6
M
c
S
k
i
m
m
i
n
g
\
D
-
C
A
D
\
0
2
.
S
h
e
e
t
s
\
2
1
1
1
1
0
-
L
a
n
d
U
s
e
A
p
p
l
i
c
a
t
i
o
n
\
d
w
-
6
5
3
1
-
L
0
-
G
E
N
E
R
A
L
.
d
w
g
DESIGN WORKSHOP
Landscape Architecture · Land Planning
Urban Design · Tourism Planning
Asheville · Aspen · Austin · Chicago · Denver · Dubai
Houston · Lake Tahoe · Los Angeles · Shanghai
120 East Main Street
(970) 925-8354
(970) 920-1387
Aspen, Colorado 81611
DR/TR JG
November 15, 2021
LAND USE
APPLICATION
LU-03NORTH0
ORIGINAL SCALE:
5 10 20
1"= 10'
Red Twig DogwoodCS-5 Cornus sericea
DECIDUOUS & EVERGREEN SHRUBS
DECIDUOUS TREES
Quaking AspenPopulus tremuloidesPT-3
COMMON NAMEBOTANICAL NAMEABBR.
PLANT LIST
Quaking AspenPopulus tremuloidesPT-3.5
Amur MapleAcer ginnalaAG-3
Frobel's SpireaSB-5 Spirea betulifolia
Pinyon PinePE-8 Pinus edulis
DECIDUOUS TREES
Pinyon PinePE-12 Pinus edulis
Pinyon PinePE-16 Pinus edulis
Mountain SnowberrySO-5 Symphoricarpos oreophilus
ChokecherryPV-5 Prunus virginiana
Woods' RoseRW-5 Rosa woodsii
Gro-Lo SumacRA-1 Rhus aromatica 'Gro-Low'
Amur MapleAcer ginnalaAG-3.5
MATURE HEIGHT
60'
60'
30'
30'
15'
15'
8'
3'
4'
20'
8'
2'
15'
(7) SB-5
(1) AG-3.5
(2) PT-3.5
(3) PT-3
(5) CS-5
(6) CS-5
(5) CS-5
(4) SO-5
(3) SO-5
(3) SO-5
(3) RW-5
(1) RW-5
(2) CS-5
(2) RW-5
(1) CS-5
(2) RW-5
(2) PV-5
(5) RA-1
(3) RA-1
(1) RA-1
(2) RW-5
(3) AG-3
(1) AG-3.5
(3) RW-5
(2) AG-3
(3) PV-5
(30 SF) SS-1
(18) RA-1
(3) RW-5
(3) PV-5(1) PT-3
(8) RW-5
(6) PV-5
(3) PT-3.5
(1) PE-16
(6) SO-5
(5) SO-5
(3) RW-5
(10) PV-5
(1) PE-12
(2) PT-3
(5) SO-5
(3) CS-5
(2) SO-5
(10) CS-5
(1) PT-3.5
(8) CS-5
(4) RW-5
(3) PT-3
(2) PT-3.5
(6) PV-5
(4) PT-3
(1) SO-5
(1) PE-8
(6) CS-5
(2) CS-5
(2) CS-5
(5) DF-1
(6) DF-1
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1.Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2.Land Use Application Form
3.Dimensional Requirements Form (if required)
4.HOA Compliance Form
5.Development Review Procedure
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the
internet at https://library.municode.com/co/aspen/codes/municipal_code.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or email. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to determine accuracy,
inefficiencies, or redundancies can reduce the overall cost of materials and staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions that are not answered by the materials in this package, we suggest that you contact the staff member
assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the
applicable sections of the Aspen Land Use Code.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff
time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected
when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees
are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent
will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case
Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project
is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be
made during the pre-application conference by the Case Planner. Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral
agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be
accepted for processing without the required fee(s).
The Community Development Department shall keep an accurate record of the actual time required to process a land use
application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will
be billed for the additional costs incurred by the City when the processing of an application by the Community Development
Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be
billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than
provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be
reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of
120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice
of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application for the
property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract
purchaser) regarding payment of fees is solely between those private parties.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner):
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
AN EXISTING HOME IS PROPOSED TO BE DEMOLISHED AND REPLACED WITH A NEW SINGLE FAMILY HOME. THE PARCEL IS
BORDERED ON THREE SIDES BY STREETS, SO AN ADMINISTRATIVE MODIFICATION FOR PERMENANT OUTDOOR FEATURES IS
REQUESTED. FEATURES REQUIRING AN ADMINISTRATIVE MODIFICATION INCLUDE A HOT TUB AND AN OUTDOOR KITCHEN
ADMINISTRATIVE MODIFICATION
ADMINISTRATIVE MODIFICATION FOR OUTDOOR FEATURES
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location
Applicant:
Zone District: Gross Lot Area: Net Lot Area:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
Existing Allowed Proposed Multi-family Residential
1)Number of Units
2)Parcel Density (see 26.710.090.C.10)
3)FAR (Floor Area Ratio)
4)Floor Area (square feet)
Existing Allowed Proposed
8) Minimum distance between buildings
Proposed % of demolition
5)Maximum Height
6)Front Setback
7) Rear Setback
8)Side Setbacks
Proposed % of demolition
Commercial
Proposed Use(s)
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing non-conformities or encroachments:
Variations requested:
Lodge
Additional Use(s)
1)FAR (Floor Area Ratio)
2)Floor Area (square feet)
3)Maximum Height
4)Free Market Residential(square feet)
4)Front setback
5)Rear setback
6)Side setbacks
7)Off-Street Parking Spaces
8)Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
EXISTING WOOD RETAINING WALL AND PARKING AREA IN LOWER PORTION OF MCSKIMMING RIGHT-OF-WAY
ADMINISTRATIVE MODIFICATION FOR LOCATION OF HOT TUB AND OUTDOOR KITCHEN
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□This property is not subject to a homeowner association or other form of private c ovenant.
□This property is subject to a homeowner association or private covenant, and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary.
□This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners a ssociation orcovenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: Date:
Owner printed name:
or,
Attorney signature: Date:
Attorney printed name:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
DEVELOPMENT REVIEW PROCEDURE
1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
applies to your development proposal and will identify the materials necessary to review your application.
2.Submit Development Application. Based on your pre-application meeting, you should complete to the
application package and submit the requested number of copies of the complete application and the appropriate
processing fee to the Community Development Department.
3.Determination of Completeness. Within five (5) working days of the date of your submission, staff will review
the application and notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4.Staff Review of Development Application. Once your application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature
by the Community Development Director that explains whether your application complies with the Code, and will
list any conditions that should apply if the application is to be approved.
Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not
go to the trouble or expense of preparing these documents until the staff has determined that your application is
eligible for the requested amendment or exemption.
5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, the
Planning staff will schedule a hearing date for the application upon determination that the application is complete.
The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail
notice (one copy provided by the Community Development Department) to property owners within 30 feet of the
subject property and post notice (sign available at the Community Development Department) of the public hearing
on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The
Planning staff will publish notice of the hearing in the paper for land use requests that require publication.
The Planning staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the applicant with a copy of the Planning staff’s memo, approximately five (5)
days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public
hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of
public comment, and the reviewing board’s questions and decision.
(Continued on next page)
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
6.Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a
Development Order, which allows the applicant to submit a building permit application.
7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a
building permit. During this time, your project will be examined for its compliance with the Uniform Building Code.
It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not
reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks,
parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as
part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or
agreement, will be reviewed and recorded before a building permit application is submitted.
•
•