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Home My WebLink AboutLand Use Case.512 Spruce St.0084.2015.ASLU0084.2015.ASLU 512 SPRUCE RESIDENTIAL DESIGN VARIANCE 2737 07 410 015 . 14 x.al& 5 3 1 lo tS R 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0084. 2015.ASLU PARCEL ID NUMBERS 2737 07 410 015 PROJECT ADDRESS 512 SPRUCE PLANNER JEN PHELAN /JUSTIN BARKER CASE DESCRIPTION RESIDENTIL DESIGN VARIANCE REPRESENTATIVE ROWLAND AND BROUGHTON DATE OF FINAL ACTION 10/6/15 CASE WITHDRAWN CLOSED BY ANGELA SCOREY ON: 12/13/2015 2737 01 4 ) 00 1 5- 00 84.20/r. A-S Let rin;"Ill~Il~~"~-:; 1.:~1 % file Edit Record Navigate Form Repom Format Iab Help *1 1@j,X) "4*1 M.03 34Â·~14 1 ,/ fi o ilfilumpl I,~!016~ 1.22*133:3 +1@'3053.j.ar,10 H ~ *i~ Custom Fields'Rogting Status Fee Summary Actions 1 Routing Listofy 0 t. 4 8 Pennit type bs'u " ~|Aspen Land Use Permit # |0084 2015 ASLU 4.9JF t. ~ Address |512 SPRUCE ST Apt~Suite| E' aty ~ASPEN I State 'E6-3 Zip 81611 mA.: 4-- | PermitjnfonitaMon -16*1%~6:JakÂ£'-7177-5- ir l"111 1-& Master permit| Routing queue ~asru15 ~ Applied 09/172015 .7......."I....... I ; 1>tÂ¢i E ~ Project Stmus Pending Approved | Description APPUCATION FOR RESIDENTIAL DESIGN VARIANCE Issued :m'/ Closed/Final | 84 i Submitted ROWLAND & 8ROUGH[ON Clock |Running~ Days ~--~ Expires|09./11/2016 v Submitted via| ~ 9 Owner Last name CLEAVER CHRISTIN CLARK | First name CLEAVER CHRISTIN CLA 9076 RANGELINE RD RIVER HILLS WI 53217 Phone {)- Address ~ . 1, Applic~nt =2 1â€ž Â®Owner is applicant? E Contradoris applicant? ~ Latname CLEAVER CHRISTIN CLARK First name CLEAVER CHRISPN CLA | 9076 RANGELINE RD RIVER HILLS WI 53217 '* Phone ~ 1 - CUM # |30183 . Address 111 ' lender 1 Last name ~ Fat name ~ j Phone |C )- ~ Address 'AspenGold5 (serverl angeles ~ 1 of 1 â€ž ' 2_ 1 ./.-4,7 ck- + 3 zel Â·2- ?lamf: cÂ« P *Ur $ 690 - 00 -flj 9-4 Â¢ : flgwUA + Â·14 Vb-v~~-IN\ ulel< 4 81,25 1 A-9, aÂ¥Â·0 : NOT 4//mED SPA,n USE MiT#Â»4 ALL 1 1 As 5 IMIâ€¢ /4 wm~*.44.'ll . 1 se,ON >10!no~ xoqi'B n n Justin Barker From: Dana Ganssle Ellis <dana@rowlandbroughton.com> Sent: Tuesday, October 06, 2015 9:59 AM To: Justin Barker CC: Jennifer Phelan Subject: RE: 512 Spruce RDS Yes. dana ganssle ellis, leed ap/associate aia rowland+broughton architecture and urban design 234 e. hopkins avenue, aspen. co 81611 970.544.9006 office, 970.544.3473 fax, 970.429.8707 direct, 203.610.7633 cell dana@rowlandbroughton.com www.rowlandbroughton.com Please note that I am out of the office on Fridays. If you need immediate assistance please call my cell or the Aspen Studio 970.544.9006. 2015 AIA Colorado West -Citation Award, Game On + Der Berghof: Maison Bianca 2015 AIA Colorado West - Merit Award, Mclain Flats From: Justin Barker [mailto:Justin.Barker@cityofaspen.com] Sent: Tuesday, October 06, 2015 9:59 AM To: Dana Ganssle Ellis <dana@rowlandbroughton.com> Cc: Jennifer Phelan <jennifer.phelan@cityofaspen.com> Subject: RE: 512 Spruce RDS Hi Dana, Just for clarification, since the client will not be pursuing a P&Z review and staff did not grant the administrative variance, would you like to formally withdraw this case? Justin Barker AICP 1 LEED Green Assoc 1 CNU-A Planner 1 City of Aspen 130 S. Galena St. Aspen, CO 81611 T 970.429.2797 F 970.920.5439 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to appl cable law If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the futurel and upon factual representations that may or may not be accurate The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Dana Ganssle Ellis [mailto:dana@rowlandbroughton.coml Sent: Tuesday, September 29, 2015 3:12 PM To: Justin Barker 1 Cc: Jennifer Phelan Subject: RE: 512 Spruce RDS Hello Justin, The client is obviously disappointed and will not pursue this with P+Z as the project completion is scheduled for December. Please let me know how this process would have been different under the new RDS. The entry feature, articulation of building mass and garage access and placement are all existing non-conforming. This would be helpful to understand for our projects moving forward. Thank you, dana ganssle ellis, leed ap/associate aia rowland+broughton architecture and urban design 234 e. hopkins avenue, aspen, co 81611 970.544.9006 office; 970.544.3473 fax: 970.429.8707 direct 203.610.7633 cell dana@rowlandbroughton.com www.rowlandbrouRhton.com Please note that I am out of the office on Fridays. If you need immediate assistance please call my cell or the Aspen Studio 970.544.9006. 2015 AIA Colorado West -Citation Award, Game On + Der Berghof: Maison Bianca 2015 AIA Colorado West - Merit Award, Mclain Flats From: Justin Barker [mailto:Justin.Barker@citvofaspen.coml Sent: Monday, September 28, 2015 3:48 PM To: Dana Ganssle Ellis <dana@rowlandbroughton.com> Subject: RE: 512 Spruce RDS Sure. Since this feature is being modified more than something simple like replacing shingles, staff believes it should be brought into compliance. The approach has always been if there is reasonable ability to bring a feature into compliance with the standards during renovations/remodels then it will be required. Justin Barker AICP I LEED Green Assoc I CNU-A Planner 1 City of Aspen 130 S. Galena St. Aspen, CO 81611 T 970.429.2797 F 970.920.5439 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the Information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 From: Dana Ganssle Ellis [mailto:dana@rowlandbroughton.coml Sent: Monday, September 28, 2015 3:43 PM To: Justin Barker Subject: RE: 512 Spruce RDS Thank you Justin. Can you provide any insight on why approval could not be granted? Thanks, dana ganssle ellis, leed ap/associate aia rowland+broughton architecture and urban design 234 e. hopkins avenue, aspen, co 81611 970.544.9006 office; 970.544.3473 fax; 970.429.8707 direct, 203.610,7633 cell dana@rowlandbroughton.com www.rowlandbroughton.com Please note that I am out of the office on Fridays. If you need immediate assistance please call my cell or the Aspen Studio 970.544.9006. 2015 AIA Colorado West -Citation Award, Game On + Der Berghof: Maison Bianca 2015 AIA Colorado West - Merit Award, Mclain Flats From: Justin Barker [mailto:Justin.Barker@citvofaspen.coml Sent: Monday, September 28, 2015 3:43 PM To: Dana Ganssle Ellis <dana@rowlandbroughton.com> Subject: 512 Spruce RDS Hi Dana, I have taken over the RDS variance request case for 512 Spruce Street. I took this to staffon Thursday, and staff could not support an administrative approval forthe porch. This will need to go before P&Z. The first available date is 11/3. Let me know if this date works. Justin Barker AICP I LEED Green Assoc I CNU-A Planner I City of Aspen 130 S. Galena St. Aspen, CO 81611 T 970.429.2797 F 970.920.5439 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future. and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance 3 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: September 2, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 512 Spruce Street - Residential Design Variance and reviewed it for completeness. 00â‚¬4 Â· 20(S- 06 l.14 ~2 Your Land Use Application is incomplete: Please submit the following missing submission items. Il 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, j udgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant' s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, *Anifer Pl~lan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- Nop<~_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No *- Commercial E.P.F. Lodging 1 RETAIN FOR u -64Â·20[ 9. Ask-l~ PERMANENT FILES COMMUNITY DEVELOPMENT DEPARTMENT . Agreement to Pay Application Fees 0 A1 An agreement between the City of Aspen ("City") and 1 n phone No.: 470 -544* - 106 Property Christin Cleaver .â‚¬ Â« C 'f-% Owner ("1"): Email:Cia-2 20*ia*Jbmu*,it,8.e-rn w rr 4, 0 Address of 512 Spruce Street Address' g.. ., 7 .... Billing 512 Spruce Street ./ ;, f ... Property: Aspen, CO 81611 ~ Aspen, CO 81611 , 1 J' (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these fiat fees are non-refundable. 0 Select Dept 0 Select Dept $. flat fee for . $- flat fee for $ 0 flat fee for Select Dept 0 Select Review $ 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 mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood. and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 J $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ ~ deposit for I hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Christin Cleaver Community Development Director Name: City Use: 650 Fees Due: $ Received: $ ~ro - 00 Title: January. 2013 City of.Aspen I 130 S. Galena St. I (970)920-5()90 0094Â· f E. ASt b:el ,kCEIVED ATTACHMENT 2 -LAND USE APPLICATION PROJECT: AUG 3 1 2015 Name: Cleaver Residence JOUM,INIT, , '-'WEN 1 ed. 1 l. . cipEN Abl Location: 512 Spruce Street, Aspen Colorado 81611 273707410015 Subdivision: Williams Addition Block: 10 Lot:7 & the Borth 28' of Lot 9 Parcel ID # (REQUIRED) APPLICANT: Name: Christin Cleaver Address: 512 Spruce Street, Aspen Colorado 81611 Phone #: REPRESENTATIVE: Name: Dana Ellis - Rowland+Broughton Architecture Address: 234 E. Hopkins Ave., Aspen Colorado 81611 Phone #: 970-544-9006 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption Â£ Conceptual PUD El Temporary Use GMQS Allotment Â£ Final PUD (& PUD Amendment) Â£ Text/Map Amendment Special Review Q Subdivision U Conceptual SPA ESA - 8040 Greentine, Stream Â£ Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review Â£ Lot Split U Small Lodge Conversion/ Expansion ~ Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Existing single family home with a non-conforming entry overhang. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Maintain a non-conforming entry overhang which is more appropriate to the scale of the residence. Have you attached the following? FEES DUE: $ E Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement 2 Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project Ali plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. m El El El CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY 002 4 Â· 20151 AS L H PLANNER: Hillary Seminick, 429.2741 DATE: 3.20.2015 PROJECT: 512 Spruce Street REPRESENTATIVE: Dana Ganssel Ellis, Rowland + Broughton, 544.9006 REQUEST: RDS Variance DESCRIPTION: The applicant is remodeling an existing single family house on the parcel. The applicant is pursuing a design that requires two Residential Design Standards variances: 1. 26.410.040.D.1.b: A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. There is an existing porch on the structure and no new porch is proposed. The applicant is in the process of remodeling the home under an active building permit (PERMIT NUMBER). Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards :CEIVED Review by: Staff for complete application AUG 3 1 2015 Public Hearing: None, unless P&Z review is deemed necessary CITY OF ASPEN -nuM' INITY DE,LLOPMENT Planning Fees: $650 - Administrative Residential Design Standard Variance - Flat Fee -9 & Additional staff hours, if needed, will be billed at $325 per hour. Total Deposit: $650 To apply, submit the following information: ASLU RDS Variance 512 Spruce St. 273707410015 1 Â¤ Completed Land Use Application and signed fee agreement. Il Total deposit for review of the application. 0 Pre-application Conference Summary (this document). Â£ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (82 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. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. O HOA Compliance form (Attached) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 0 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. Il Written responses to all review criteria. Il An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. C] 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 1 additional copy of the complete application packet and, if applicable, associated drawings. 0 A digital copy of the application provided in pdf file format. 0 Total fee deposit. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 U<.1 Â· COMMUNITY DEVELOK- ENT DEPARTMENT - 1 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen ate required to include a certification of compliance with applicaole covenants and homeowner association poucies. The certification must be signed by the propertv owner or Attorney representing the propertv owner. The tor.\0*Ang c,eftjf~cation shall accoinpany the application for a permit. Subject Prooerty: 3 12 4 76/1/3 2 3 f *peh co 81 61/ L k Eli/ED AUG 3 1 2015 1, the property owner. certify as folrows: (pick one) TY OF ASPEN V-Â« CQ This property Es nci subject to a nomeowners association or other form of private covenant. ..LUÂ·, TinY.!1 I l L_j This property is subject to c homiowners association or private covenant anti the 2:nprovements proposea in chis uuilding pormit do not require approval by the homeowners association or covenant benefic/arv 0 This property is subject to a homeowners associalion or pilvate covenant and the improvements proposed in this ouildina Dermit have been apnroved bv the homeo,v. " T; c E- <c-er tption or .: covenant beneficiary. I understand the City of Aspen does not inte,-pret enforce. or manage Ihe applicabdity, meaning or effect of private covenants or homeoviner association rules c: bylaws. I understand that this document s a public document. rn .Di~ 09'nâ‚¬tls ignature i '11*/AU.1 - A 1*- C~. i: 1 fr 5 3 u- NU-1 -0.-, owner printe .3 name. (,frt 0 11761 Ct--E-fV\t807~- or. Att.orne'.' signallire. date Attorney printed n'Kin-2 6.iN=*-4-N.Â·*Mw.*4,2A.a*cum-lu~~*6-Â»M~~~==z--~ aspen 234 e hopkins ave, aspen co 81611 + t 970 544 9006 denver 1830 blake st, ste 200, denver co 80202 + t 303 308 1373 visit www.rowlandbroughton.com rowland+broughton architecture / urban design / interior design 15 July 2015 21 ECEIV91 r M, Hillary Seminick CITY OF ASPEN AUG 3 1 2015 City of Aspen Planning Department COMMUNITY DEvaCPMENT RDS Variance RE: RDS Variance Request - 512 Spruce Street There is an existing porch on the structure and no new porch is proposed. The applicant is in the process of remodeling the home under an active building permit (PERMIT NUMBER). Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Per the above, we are submitting this variance as an appropriate design based on the pattern of the development. This home has gone under numerous remodels over the years, adding and scabbing together. The client has decided to remodel the interior of the home and make the exterior more cohesive. Below please find some existing and in progress photos for reference: Page 1 of 5 rowland+broughton architecture / urban design / interior design --/r I Fl , \,} ff 11 ../ t 2 @1 0. 1 411 t . 1 1.. . 1 *f i . i.. :i 3 0 1- - ,-IN i \\ 14*W Existing exterior - The front door is shown with the existing overhang. Page 2 of 5 .. D rowland+broughton architecture / urban design / interior design 113â‚¬247 . X .0/:RM,FV=-4 ' '.- i 24 j. PA'*"f:2.374 , '.44 : , I ls'#p*'* Ill cfpk. i .ify I I . I . .1 4 + /3 ... .4. . Â¥2 .1 91:~ 4, li'kil,t - -It . .T . : ix -Ii'.3&- 0- . 4 Vil""lill'll"lill 4 I. .91'I 6 1- - l i 11 . ./.Il , j.y =342. -lf . - d + 4 %.Afâ‚¬VT 4(1- . U ... /-4 re* - & - ..11 ..& In progress exterior with overhang as proposed in the variance. A non-conforming addition was removed from image left and the overhang is proportional to the form it is attached to. An additional 3*' is required per the RDS, which is not a proportion that works with this massing. 30" Page 3 of 5 -<' , , 4- rowland+broughton architecture / urban design / interior design 4/ /- \ 6 6 1, .1 r , 34\VA . 1 .0 . 1 FLÂ» 1 '. . 1 L ..i....0-SL ,- 'lit, 4 3 Â·Â·AW:"8.r 4 -- Â£ 1.1-.-~ I.*- ./Ii . --,jilia..Si'L :.1/lill i -I- . ...I j. 2 1*19Â£/ 14 / A Existing exterior - The front door is shown with the existing overhang. Page 4 of 5 Al. , rowland+broughton architecture / urban design / interior design j .11 ' Â« p, *th *ji W 99:"i""il"li"li\ " 1 . 1, r :}.111.0 2 -1 1.-i.-I.--. 1 ,/ Flerzliffilililililililili 'k~ ;\ 1 7 V ' i , *;4Â·164 4, 4 4, 9 - I+.- 9, . A Li - --- '. '- 1Eur Â·,~ 11 jr,-IN .1 1 ..C 6. ,~Vi -1.13 ---- 1 t 1 2 -- In progress exterior with overhang as proposed in the variance. An additional 32" is required per the RDS, which is not a proportion that works with this massing. The entry is not visible from the street and a fence surrounds this corner lot. We propose a variance based on the following reasons: â€¢ The mass of a 6'-0" projection on such a small volume is not appropriate for this type of residential architecture. â€¢ The nature of this residence is none of additive pieces, the new additions/alterations are meant to provide cohesiveness. We believe an oversized overhang will be a distraction from the streamlining of materials and form that has occurred. â€¢ The existing entry cover was drastically smaller and more proportional to the mass. â€¢ The house is non-conforming in many other ways with the RDS and this requirement seems less applicable in this scenario. Specifically in regards to the street oriented entrance and principal window. The entry is more than 10'-0" back from the front-most wall, there is no entry porch, and grade would not allow for one, there are no windows on the entry volume, though windows exist on all other volumes. â€¢ The entry is not visible from the street because of landscape, setback, fence and existing site berm. Please let us know if you have any questions. Best regards, Dana Ellis, LEEP AP + Associate AIA Rowland+Broughton Architecture Page 5 of 5 CITY OF AspEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY of ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at,#u u .aspenpitkin.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review o f these materials does not substitute for a complete review o f 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 ofthe Code. Ifyou have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections ofthe Aspen Land Use Regulations. COMMUNITY DEVELOPMENT DEPARTMENT .. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Cleaver Residence Applicant: Rowland+Broughton Architecture Location: 512 Spruce Street, Aspen Colorado 81611 Zone District: R-6 Lot Size: 11,000 SF per survey Lot Area: n/a (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: nia Proposed: nia Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 3 Proposed: A Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed. % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: The existing residence is built over the setbacks and there are numerous RDS non-conformities. Variations requested: New entry roof overhand to be reduced to a 3'-6" projection rather then the 6'-0" projection advised by the RDS. ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements. refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7,8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM 1MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P&% 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P& Z 10 CONDITIONAL USE 1-7,9,17 P&Z 10 SPECIAL REVIEW* 1-7, Additional Submission Req. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P&ZORDRAC 10 VARIANCE GMQS ExEMPT1ON* 1-7, Additional Submission Reg. depend ADMIN.,ORP&Z, AND/ORCC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL- P & Z, AND CC 20 for P&Z and CC (Submit FINAL -P&Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 A71 - 1 TV IN MILLWORK LeÂ© l I Il 11 11 - 7 ulp~ lili ,1- co 7 *-Ii l~ 1- lili IL ti----I---- LIVING N 101 ~ w _11. 1 In - 2 6 - /7 -n -\- 1 mt , 67 1 9 1/4, 40 [EL| i , 1, , 1 1 RAISE WINDOW HEAD HEIGHT | | ' ENTRY 4- - 16'-0 1/16" | | 1 100 1 , ' 31 , h SETBACK FROM FR~NT ~~f 0 - - --1 Â«-1 A ENTRY OVERHANG -1 1 1 161 ah- 1 1 14 -1 L -1 , 1 3'-0" Ld :' IL -2 :1 28 SF . 0 6'-0" ~ * D I X , 54 SF \ HB+- ~ ENLARGE \~VINDOW- f to - 7'-8 7/8" aspen 234 e hopkins ave, aspen co 81611 + t 970 544 9006 denver 1830 blake st, ste 200, denver co 80202 + t 303 308 1373 visit www.rowlandbroughton.com rowland+broughton architecture / urban design /interior design 15 September 2015 Hillary Seminick City of Aspen Planning Department RDS Variance RE: RDS Variance Request- 512 Spruce Street - Additional Comments The intent of the Residential Design Standards is to "preserve established 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 to the streetscape." As these standards are geared towards streetscape relationships, and as this residence has a streetscape relationship that does not match the intent of the RDS, we believe that a variance that speaks to the architectural style is more appropriate. The "style" of this home is additive. A small home, built in 1887 was added on to in 1995 and then a third addition was added in 2008. There are gables, sheds, flat roof portions. There were rectangular windows, square windows, angled windows and arched windows. The renovation's goal was to simplify and reduce the variations found in this residence. This intent is in line with the RDS. The request for this variance has more to do with the architectural appropriateness of a massive overhang on a small portion of the home. As the RDS focuses on streetscape relationships and residential character we believe that the architecture should be designed as a part of the whole and not continue the additive nature of the building with an inappropriate scale overhang. Streetstape AE'/ift lf,=47%~<14/ t-.-J,<,e-IKâ€¢ygrilie/*IlltiWA#FLi 7442*MqUIbijA/Ill'll#Figl/M***/F--* 1 "r f ~ N.+ w Y,#41*#*1â€ž~~#2,4. :=.0-~ rÂ© *:9,8&,fy,m YE~ a~t#*wNE 4 2 8 2 1 I -1,<--0./. 1 &., t.h -#8 2 914/34//~//.9 M. *p 2- k â€¢ , i :110 4,-*4?#htâ‚¬ tip-;=c:'I,2 i ' yWdr,Le,/ 54= ;#Â·Â·r'i, . *....6.64Â·cr . *91*,#IE446~ 0-6 AV~MIAT/#V - - *. .U : ... 2 :C,Fat ..2 ....L:,W . .t .1, '.~11~.-i-- - . . 4-1 .-I.*Im*.I-' VI-- . 2 - - 4 1 * View from corner - The front yard has a fence and berm. The front door is not visible. Page 1 of 2 rowland+broughton architecture / urban design /interior design Streetscape: , 1 42'Â¥91 R:~ , s.. . ., 1 1 + .A Aâ€¢ Lâ€¢fÂ· -Â· . '[4. euy Â«,râ‚¬ 9. - 1. r 2 *+3 t , 4,2 ' 4* 7 .4 fÂ·t - 4-4 , 4 . . . riv 21. 274 -. - . 91>77 Â¥ 12 - 1 $ I ."-.4 1, i': - 'A.ru).. 79-4 4 4 *414:4 9 F, 7 I â€¢ I View from Spruce Street - Main entrance not visible. Streetscape: . A 24. , ..Ce 3 '' 't;,4 4 *% .*.6 2 4 , . /7 E C Ar .MGY' . . 4 7114 . r ./1. 5, 1 r -- P ,# -. 1/ 114-~ 71" 4 - .,U . . 43 -I -- ':d- *43"il'W,1/4,Aw..#1&~ --- 20, -21~ View from Park Circle Please let us know if you have any questions. Best regards, Dana Ellis, LEEP AP + Associate AIA Rowland+Broughton Architecture Page 2 of 2 =71 -Ve-8 3-19Â·U 7. Mtip ~%&& .EMBj 1'42--1â‚¬92:;3' 70 Â»9*W:1 7 -3:Â·I~*02'- Â·3*95.-2'. 1 ./ . If: .-C -2Â»4~2 $33729 : 4. 45?=. I *Pe, owland+ roughton 43fgh#tecIUÂ¢o and u#ban (testn 20 May 2015 City of Aspen Community Development 130 S. Gatena Street Aspen, CO 81611 Re: Cleaver Residence-Applicant Representative Authorization Letter To whom it may concern. I author]Ze Rowland + Broughton Architecture to represent me in seeking a Residential Design Standards Variance for 512 Spruce Street 89*t regards, Christin Cleaver Page 1 0,1 stewart title View your transaction progress 24/7 via SureCIose. Ask us about your login today! Date: September 11,2015 File Number: 01330-25552-Amended No. C2 Buyer: TBD Seller: Christin Clark Cleaver Property: 512 Spruce Street, Aspen, CO 81611 Please direct all Title inquiries to: Linda Williams Phone: (970) 766-0234 Email Address: Iwilliam3@stewart.com We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ('Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart 93Â¤-7 '344- >*2 064 title guaranty company , I . .t *liorized Countersignature Matt Morris *.441 President and CEO Stewart Title 4. ... YB I 97 Main Street, Suite W201 Edwards, CO 81632 0 1 908 j 0.3 -44â€¢3-~i 0Â»4Â«/ Denise Ctrraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. - 1 . 1 2 1 %Â· N 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. File No. 01330-25552 004-UN ALTA Commitment (6/17/06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust1 trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< httD //www. alta.orat>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. = V.Â· i K N. 4 N The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1 .1 - All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-25552 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-25552-Amended No. C2 1. Effective Date: September 02, 2015 at C2 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.IA. Owner's Policy 2006 (Standard) Proposed Insured: TBD (b) A.L.LA. Loan Policy Proposed Insured: 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 said estate or interest in said land is at the effective date hereof vested in: Christin Clark Cleaver 5. The land referred to in this Commitment is described as follows: Lots 7 and 8 and the Northerly 28 feet of Lot 9, Block 10, WILLIAMS ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: STATEMENT OF CHARGES 512 Spruce Street These charges are due and payable Aspen, CO 81611 before a policy can be issued TITLE COMMITMENT FEE $100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. - 4***i<:AM 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. 450-34'11 File No. 01330-25552 Page 1 of 1 STEWART TITLE i.t:t CO STG ALTA Commitment Sch A STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-25552-Amended No. C2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. NONE AT THIS TIME 5. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Copyright 2006-2009 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. A.**jik?EAN "/01.U All other uses are prohibited. Reprinted under license from the American Land Title Association. %**Â¥(IV%/ 14 File No. 01330-25552 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY 4Â¢*I . COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII File No.. 01330-25552- Amended No. C2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. 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, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 11. Ordinance No. 57 (Series of 1988) An Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28, 1986, Commonly Known as the "Williams Addition" as set forth in instrument recorded February 6,1989 in Book 585 at Page 330 as Reception No. 308587. 12. Ordinance No. 12 (Series of 1989) An Ordinance Zoning an Area of Land Known as the Williams Addition Annexation Area Generally Located Northwest of Park Circle, the City of Aspen, Pitkin County, Colorado to R-6, as set forth in instrument recorded January 10,1990 in Book 611 at Page 602 as Reception No. 318970. 13. Williams Ranch-City of Aspen Annexation Agreement as set forth in instrument recorded May 9,1995 in Book 780 at Page 370 as Reception No. 381193. 14. Easements, rights of way and other matters as shown and contained on Williams Addition Annexation Plat recorded February 6, 1989 in Plat Book 22 at Page 15 as Reception No. 308586. Copyright 2006-2009 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. 1.-3 14Â¥1 . All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-25552 Page 1 of 2 STEWART TITLE .*k CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY * COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 15. Resolution No. 99-27 of the Aspen Planning and Zoning Commission, recommending City Council approve a substantial amendment to the Williams Ranch Planned Unit Development approvals granted pursuant to Ordinance 52, Series of 1994, recorded February 11, 2000 as Reception No. 440391. 16. House Encroachment as shown on Survey by Aspen Survey Engineers, Inc., recorded September 22, 1999 in Plat Book S003 at Page 91 as Reception No. S000274. and as shown on the Quit Claim Deed recorded April 30,2004 as Reception No. 497026 17. PUD Agreement recorded November 13,2000 as Reception No. 448750. 18. A Deed of Trust executed by Christin Clark Cleaver, to the Public Trustee, to secure an indebtedness of $1,000,000.00 in favor of The Laird C. Cleaver Issue Trust recorded April 30,2004 as Reception No. 497027. Copyright 2006-2009 American Land Title Association. All rights reserved. - 4**E*:% KAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. *AFF' 24 All other uses are prohibited. Reprinted under license from the American Land Title Association, Â¢36Â¥4* Â§*~ *j' File No. 01330-25552 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY DISCLOSURES File No.: 01330-25552 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERKAND RECORDER, OR THE COUNTYASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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 Stewart Title 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 Lender's Title 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: A The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-25552 CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This pr vacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can nclude social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes- to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to you. Yes No For joint marketing with other financial companies NO We don't share For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our Yes NO affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affil ates are companies not related by No We don't share common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transact on with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [\Ne do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use protect my personal information? security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you ' collect my personal information? â€¢ request insurance-related services â€¢ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.. 01330-25552 Page 1 of 1