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Land Use Case.268 Pfister Dr.A108-01
2735-113-09-035 A108-01 26* f F. £*t, R) , - Lot 35 , Maroon Creek Club PUD Amend. 268 Pfister Drive r £»g€ Ep I -j .. CASE NUMBER A108-01 PARCEL ID # 2735-113-09035 CASE NAME Lot 35, Maroon Creek Club PUD Amendment PROJECT ADDRESS 268 Pfister Drive PLANNER Fred Jarman CASE TYPE PUDAmendment OWNER/APPLICANT Morton Heller C/o Lennie Oates REPRESENTATIVE DATE OF FINAL ACTION 1/22/02 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Application Withdrawn BOA ACTION DATE CLOSED 2/4/02 BY J. Lindt .. PARCEL ID:~2735-113-09035 DATE RCVD: ~11/9/01 # COPIES:~ CASE NO~A108-01 CASE NAME:~Lot 35, Maroon Creek Club PUD Amendment PLNR:~Fred Jarman PROJ ADDR:~268 Pfister Drive CASE TYP:]PUD Amendment ~ STEPS1 OWN/APP:]Morton Heller C/o Le ADR<533 E. Hopkins Ave. C/S/Z: |Aspen/CO/81611 PHN:|920-1700 REP:~ ADR:j C/S/zq PHN1 FEES DUE:~ 1205 D 180 E FEES RCVD11385 STAT: F REFERRALS~ REF:| BY~ DUE:~ MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| 1/22/02 CITY COUNCIL: REMARKS< PZ: BOA: CLOSED:~2/4/02 BY: jJ. Lindt DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: Application Withdrawn .. January 22,2002 Lenny Oates Oates, Knezevich & Gardenswatrz, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 RE: Lot 35, Maroon Creek Club Planned Unit Development (hereinafter "PUD") Amendment Request Dear Lenny: This letter shall serve as a confirmation of our conversation on Friday, January 18, 2002. Specifically, the City of Aspen Community Development Department concluded that a PUD Amendment request regarding the "enlargement of a building " envelope to allow for a constructed fence on Lot 35 is not necessary. Upon further review, Staff concluded as a result of the recently processed Maroon Creek Club Subdivision Insubstantial PUD Amendment, which in essence, allows certain lots in the subdivision to assume particular City of Aspen setback regulations rather than those regulations pertaining to the established building envelopes, your client is able to have a fence outside of the building envelope for that particular lot. I have attached a copy of the Maroon Creek Club Subdivision Insubstantial PUD Amendment referenced above that shall serve as the basis of Staff's conclusion. In addition, the City of Aspen Community Development Department will refund the $1,385.00 deposit to you at our earliest convenience as a result of this resolution of your request. Feel free to contact me if you have any questions regarding this letter (920-5102). . .. -2- January 22,2002 Regards, Fred J arman City of Aspen, Planner .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: t--0-P- ---~i~b /1101430(,4 42 /€41/~0 <(tlibco --1 SCHEDULEDPUBLIC HEA-RING DATE: ~~4~0/bta rl/ £~ , 200_2- STATE OF COLORADO ) ) SS. County of Pitkin ) L <36 u« es Lib~ rf f (r=le, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: ./1 Publication ofnotice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the , Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide ' and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Sid notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the clay of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmentcil agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sCifticient legal description oti and the notice to and listing o f names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen ( 15) days prior to the public hearing on such amendments. A tl 1 -V- ~,CKAAA_Q *_--~,u~k 1 §*Enature The foregoing "Affidavit ofNotice" was acknowledged be<ore me thiUa -day of L.3*-~-ud•-- , 200,1, by-E~ 1.--rn;Q:=~F- i V PUBLIC NOTICE - ""© RE: LOT 35, MAROON CREEK CLUB PUD AMEND- MENT TO AMEND APPROVED BUILDING ENVE- WITNESS MY HAND AND OFFICIAL SEAL LOPE NOTICE IS HEREBY GIVEN that a public hearing , will be held on Tuesday, February 5, 2002 at a meeting to begin at 4:30 p.m. before the Aspen My commission expires: 9/0.-3/; DED-5 Planning and Zoning Commission, Council Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Morton and ,#;*fr~hk Lita Heller requesting a planned unit develop- ment amendment to amend their approved build- ···9€% ing envelope to allow them to maintain a built Notary Public fence. The property is commonly known as 268 Pfister Drive and is legally described as Lot 35, 0 f SARAH Maroon Creek Club PUD. ~ ~ i OATES j For further information, contact Fred Jarman at the Aspen/Pitkin Community Development De- 91 7.0 partment, 130 S. Galena St., Aspen. CO (970) 920- 5102. fredj@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on January 19, 2002.(8273) ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL .. MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planning Technician UL RE: Revised Maroon Creek Club Subdivision Insubstantial PUD Amendment DATE: October 16,2001 SUMMARY: The Maroon Creek Club Master Association, represented by Brooke Peterson, has applied for an insubstantial amendment to an approved Maroon Creek Club PUD to allow for areas outside the building envelopes the ability to be developed in a similar fashion to what is allowed in the current City of Aspen setbacks. The applicant is requesting to have the proposed amendment apply to lots 4,6 through 11,inclusive, 13,14,15,17 though 40, and 46 through 48 inclusive. The applicant is proposing that the areas outside of the approved building envelopes on the aforementioned lots be governed by city land use code section 26.575.040(A), Projections Into Required Yards, with the exception of subsections (A)(1) through (A)(4). Please see Attachment "C" for the city land use code section 26.575.040(A). BACKGROUND: According to some of the people involved in the original approvals for the Maroon Creek Club PUD, the original intention was that on the smaller lots within the PUD there was to allegedly be a "development envelope" approved between the building envelope and the lot lines that would allow development as described in the Maroon Creek Club Design Guidelines. However, the final recorded Subdivision/PUD plat did not show or reference "development envelopes" on these small lots and the Maroon Creek Club Design Guidelines were never signed by the County or the City, and are not recognized as an approval document. Therefore, over the past several years the City- Zoning Officer has only allowed development outside the building envelope that is consistent with what is allowed outside the building envelope in the Pitkin County Land Use Code (under which the PUD approval was originally granted). The Maroon Creek Club Design Guidelines require that property owners do certain tree plantings outside the prescribed building envelopes. These non-native plantings directly conflict with what is allowed outside the building envelope under the Pitkin County Land Use Code's definition of a "building envelope". The applicant is requesting that the PUD be amended to allow for Section 26.575.040(A)(5) through 26.575.040(A)(8) (Attachment "C") to govern the areas between the building envelope and the lot lines on the aforementioned lots. 1 .. STAFF FINDINGS: Staff finds that lots 4, and 6 through 11 should not be amended administratively because they already contain platted "development envelopes" that allow for non- native landscaping and retaining walls to be developed within the development envelopes. Staff feels that the proposed amendment may be inconsistent with the character of the original approvals in that it is clear that these lots already contained specific areas .in which to plant non-native landscaping(Development Envelopes). The applicant may seek approval for this amendment through a review by the Planning and Zoning Commission. Lots 14 and 15 are the parking lot parcels that are already landscaped and don't contain building envelopes. Lots 17 and 18 are the Townhome Lots that are already governed by City Setbacks. With regards to lots 13,25 through 40, and 46 through 48, staff finds that these lots have already been graded and landscaped outside of the building envelopes, in conflict with the requirements for building envelopes in the Pitkin County Land Use Code. Staff finds that the City of Aspen Setback Regulations as proposed in this application would be more appropriate than building envelopes on these specific lots because many of the lots have been developed beyond the scope of what a building envelope is intended for. Building envelopes are typically set up to protect pristine, untouched areas or to preserve wildlife migration corridors which for the mostpart no longer exist on these lots. City Natural Resources and Construction Manager, Stephen Ellsperman, finds that some valuable native areas do exist within lots 19 through 24 and has recommended that a condition be placed on the amendment that would restrict the approval to only allow for Section 26.575.040(A)(5) through 26.575.040(A)(8) to only apply outside the building envelope as far back as the rear of the approved building envelopes on these specific lots. A drainage area that abuts the rear o f lots 19 through 24 has been identified as an important wildlife corridor by Stephen Ellsperman. Ellsperman has also indicated that this drainage area remain undeveloped and untouched. Ellsperman has also indicated that some native tree plantings would be acceptable on vacant Lots 19 and 20 for the purpose o f screening the gol f course, but cautions that the planting should be limited and informal to maintain the "open feel" of the meadow. Though we will not regulate a specific landscape plan, we do recommend that the City Forester be consulted for tree placement at the time o f landscaping. The City Engineering Department also has concerns about utility and emergency service personnel's access between the building envelopes. The Engineering Department recommends that a condition be placed on the amendment that puts the applicant on notice that any landscaping or retaining walls developed outside the approved building envelope will be allowed at the owner's risk and expense, and that if utility or emergency service personnel need to access the approved building envelopes that they will have the right to do so without preserving the non-native landscaping and improvements. 2 .. Staff has reviewed this proposed amendment and recommends that the Community Development Director administratively approve the proposed amendment with conditions on Lots 13, 14, 15, 17 through 40, and 46 through 48. APPLICANT: Maroon Creek Club Master Association, represented by Brooke Peterson, Kaufman & Peterson. LOCATION: Lots 13,14,15,17 through 40, and 46 through 48 included in this approval. ZONING: R-15 PUD REVIEW PROCEDURE: Insubstantial amendments to an approved PUI) may be approved by the Community Development Director, pursuant to Section 26.445.100. STAFF COMMENTS: Review criteria and Staff Findings have been included as Attachment "A". The application has been included as Attachment "B". City of Aspen Land Use Code Section 26.575.040(A) has been included as Attachment "C". A map of the area to remain undisturbed is included as Attachment "D". RECOMMENDATION: Staff recommends the Community Development Director approve with conditions this Insubstantial PUD Amendment to allow for the area between the building envelopes and the lot lines to be governed by Section 26.575.040(A)(5) through 26.575.040(A)(8), "Projections Into Required Yards", of the City of Aspen Land Use Code on lots 13,14,15,17 through 40, and 46 through 48. APPROVAL: I hereby approve this Insubstantial Amendment on lots 13,14,15,17 through 40, and 46 through 48 of the Maroon Creek Club PUD as proposed with the following conditions. 1. No development (including any landscaping) shall be allowed beyond the rear perimeter o f the existing approved building envelopes o f Lots 21 through 24 (see Attachment "D" for areas to remain undisturbed). 2. If removal of landscaping or a retaining wall is required outside of the approved building envelopes for either utility personnel or emergency services to access through the subject lots, the utility and/or emergency services personnel will not be responsible for replacing the landscaping or retaining walls. The owner shall be responsible for bearing the cost o f the replacement landscaping or retaining walls. 3 .. 3. Trees that are located outside of the approved building envelopes on Lots 21 through 24 shall not be removed without a tree removal permit issued by the City o f Aspen Parks Department. 4. Any landscaping to the rear o f the building envelopes on lots 19 and 20 shall be approved by the Maroon Creek Club Master Association in consultation with the City Forester prior to planting to ensure that the landscaping will remain open and informal adjacent to the golf course. APPROVED date ( C// 7/SJ 011 g- 421. ~/~Ilie Ann Woods, Community Development Director 1.1 OCT 1 7 2001 COMMUNITYDEVELOPMENTDIRECTOR CITY OFASPEN - \3,0O8LU/\ date LO/ 1,1, ~0 C 14 4 0.4- Gar¢Xj~ert, Malon Creek Club Master A~sociatibn ATTACHMENTS: Attachment "A" -- Review Criteria Checklist Attachment "B" -- City of Aspen Land Use Code Section 26.575.040(A) Attachment "C" -- Application Attachment "D" -- Map o f area to remain undisturbed. G:/PLANNING/ASPEN/CASES/INSUBSTANTIAL/MCCBUILDINGENVELOPE 4 .. ATTACHMENT A Case No. A070-01 Parcel ID No. Multiple Parcels Zone District R-15 PUD Reviewed By James Lindt Date 9/24/01 Insubstantial PUD Amendment Checklist 26.445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: 9< The proposed amendment does not change the use or character of the development. [2~ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. Gi' The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. W" The proposed amendment does not decrease the approved open space by greater than three (3) percent. ~- The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. [9''- The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. 5<~ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. 2< The proposed amendment does not increase the approved residential density o f the development by greater than one (1) percent. ~ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project' s oiginal approval or which requires granting a variation from the project' s approved use or dimensional requirements. 5 26.575.040 Yards. A#Otch 1/14€ (4 1- The following supplemental r~tions shall apply to all yards. A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the fol- lowing allowed projections: 1. Building caves--Eighteen (18) inches; 2. Architectural projections-- Eighteen (18) inches; 3. Individual balconies not utilized as a passageway (provided they do not project more than one-third (1/3) the distance from the exterior wall to the property line)--Four (4) feet; 4. Fire escapes required by the Uniform Building Code--Four (4) feet; 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which do not ex- ceed thirty (30) inches above or below natural grade, shall be permitted to project into the yard without restriction. Projections may exceed thirty (30) inches below grade if determined to be required by the chief building official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are per- mitted in all required yard setbacks. (See, Supplementary Regulations - Section 26.575.050, Fences.). 7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade. Parking is only permitted within re- quired setbacks if it is in an approved driveway or other area approved for parking. 8. Exterior mei·chandizing. Exterior merchandizing in non-residential zone districts shall be prohibited in all required yard set backs. 4 1 . .»an€ ME te LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. TELEPHONE GIDEON I. KAUFMANI* (970) 925-8166 - TERRI J. KAFRISSEN FACSIMILE 315 EAST HYMAN AVENUE, SUITE 305 (970) 925-1090 ASPEN, COLORADO 81611 OF COUNSEL: HAL S. DISHLER" · ALSO ADMITTED IN MARYLAND ·· ALSO ADMITTED IN TEXAS VIA HAND DELIVERY .Tune 25,2001 Mr. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer Aspen/Pitkin Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 8161 ] Re: Maroon Creek Club Subdivision/Application for Insubstantial PUD Amendment Dear Julie Arm and James: Please allow this letter to serve as an application on the part of the Maroon Creek Club Master Association, as the duly authorized representative of the owners of the lots in the Maroon Creek Club Subdivision (the "Applicant"), for an Insubstantial PUD Amendment to the approvals for the Maroon Creek Club Subdivision for the following purposes: 1. To define the areas outside of the building envelopes of Lots 4, 6 through 11, inclusive, 13, 14, 15 and 17 through 40, inclusive, in the Maroon Creek Club Subdivision as "Yards", with the additional clarifications listed below: (a) The projections permitted by Sub-subsection A(1) through .A(4), inclusive, would not be permitted. (b) New landscaping, irrigation and trees would be defined as allowed uses in the "yard". Any of these uses would have to also be approved by the Maroon Creek Club Master Association. (c) Those improvements allowed by Sub-subsection A(7) would also require the approval of the City of Aspen Engineering Department and the Maroon Creek Club Master Association. With respect to the specific submission requirements, please be advised as follows: 1. Review Deposit. Enclosed please find a check from the Maroon Creek Club Master Association in the required arnoinit of Five Hundred Dollars ($500.00). .. .1 Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer June 25,2001 Page 2 2. Pre-Application Conference Summary. Enclosed please find the Pre-Application Conference Summary prepared by James Lindt. 3. Fee Agreement. Enclosed please findthe Fee Agreement with the City duly executed by Gary Albert, President of the Maroon Creek Club Master Association. 4. Property Owner's Consent. Enclosed please find a Consent Letter duly executed by Gary Albert as President ofthe Maroon Creek Club Master Association. By virtue ofthe provisions of the Protective Covenants for the Maroon Creek Club Master Association, copies of the relevant sections of which are enclosed, the Maroon Creek Club Master Association is granted all of the powers set forth in Colorado Revised Statute 38-33.3-302 (a copy of which is also enclosed), which includes the power to "institute, defend, or intervene in litigation or administrative proceedings in its own name on behalfofitselfor two or more unit owners on matters affecting the common interest community". As I discussed with John Worcester, we submit that the authority set forth in the Protective Covenants and relevant statutes allow the Maroon Creek Club Master Association the ability to process this application. The Maroon Creek Club Master Association's address, for the purposes of this application, is c/o Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone: 970-925-8166. Furthermore, we, as attorneys for the Maroon Creek Club Master Association, certify that all of the information contained in the submission is correct. 5. Location ofProperty. The property affected by this request is the Maroon Creek Club Subdivision, located adjacent to Tiehack Road and The Buttermilk Ski Area in the City of Aspen. 6. Explanation of Proposal. The purpose of this application is to clarify what may be done in the land areas between the edge of the building envelopes and the lot lines of certain lots in the Maroon Creek Club Subdivision. The Applicant believes that it was never the intent of the Board of County Commissioners when this subdivision was approved to disallow all development outside the building envelopes on the affected lots. Indeed, many of these lots have already been developed with improvements which technically would be prohibited by an interpretation of PUD and City regulations which would disallow all development. This interpretation is also inconsistent with the recorded Protective Covenants for the Maroon Creek Club Subdivision, the design guidelines for this subdivision and the approvals for this subdivision. The requested clarifications do not alter the actual use of the lots in any manner and will indeed make them more aesthetically pleasing. With respect to the criteria set forth in Attachment #5, Review Standards, to the Pre-Application Conference Summary, we believe that the explanation above addresses Criteria #1. We do not believe, for obvious reasons, that Criteria #2 through #8 are applicable to our request since these will be fundamentally no change to the Maroon Creek Club Subdivision as approved and .. Ms. Julie Ann Woods, Director Mr. James Lindt, Zoning Enforcement Officer June 25, 2001 Page 3 contemplated by the granting of the proposed amendment, and none of the actual land areas of the existing parking, open space, streets. or easements will be affected. Clearly, this is not a commercial project nor will the residential density be affected. With respect to Criteria # 9, we do not believe that the proposed amendment will have any effect other than confirming what all of the landowners and the Maroon Creek Club Master Association have thought since the inception of the Maroon Creek Club Subdivision, which is that the landowners would be allowed to do landscaping and permitted improvements in the area between the building envelopes and the lot line, subject to the prior approval of the Maroon Creek Club Master Association. 7. Prior Approvals. Enclosed herewith are copies of the final County Resolution granting approval for the Maroon Creek Club Subdivision, the Subdivision Improvements Agreement, and Ordinance No. 40 annexing this property into the City o f Aspen. 8. Vicinity Map. Enclosed is a copy of the vicinity map of the Maroon Creek Club Subdivision. 9. Planned Unit Development Man. Enclosed is a copy ofthe first page ofthe Plat for the Maroon Creek Club Subdivision. 10. Recorded Documents. Other than the enclosed documents, we do not believe any other recorded documents will be affected by this application. We respectfully request therefore that the Insubstantial PUD Amendment as set forth herein be approved administratively by you as soon as possible. Should you need any further information, please do not hesitate to contact me. Thank you for your time and attention to this matter. Yours very truly, 4Professio~{ Corp~ation ~ f By:~>5~ il j' D / - BAP/ljk ~Bro~ke A. Petersoh t- Enclosures CC: Maroon Creek Club Master Association (via facsimile w/O encl.) John Worcester, Esq. (via facsimile w/0 encl.) William Lukes (via facsiinile w/0 encL) letters\anspen pitkin comm dev lindt woods / '1 Sent By: William Lukes + Associates; 970 920 6986; Oct-2-01 12:48PM; Page 1/1 .. WILLIAM LUKES + ASSOCIATES PROJECT MANAGEMENT ARCHIrECTURE 2 Octodlr 2001 i James tidt, City Planning Technician City c 1 lien Community Development Department 130 South Galena Aspen, Colorado 81611 re: Maroon Creek Club Master Association Request for approval of Insubstantial Amendment to the Plat James: r-, Please ~cept this letter as a modification to the application submitted by Brooke Peterson on behalf of the Master Association. Since both parties would like to get the language agreed upon before your vacation· and Brooke is not available right now, I will confirm our conversation as you requested. Based on the conversation you and I had this morning about the appropriate lots to be included in the amendment, the proposed amendment should include all lots which do not clearly show distinct building and development envelopes on the plat map. By my count, this would include the following lots: Cots 13, 14, 15, 19 - 40 inclusive, and 46 - 48 inclusive. 4 Lots 15 Ailough 24 inclusive would be subject to the two types of ':rearyard" restrictions set forth in your amendrrent in order lo preserve the wildlife corridor. We would also appreciate your including the other clarifications that you and I discussed so that MCC can have a final version of the amendment before the end of the day. Upon your return, we can get Julie Ann Woods and Gary Albert to execute the amendment. Thank you for your continuing assistance - please call if the above does not agree with your list. j Cordially, <U L--6 - William tukes AIA Architec~ural Advisor to the Site and Architecture Review Committee of the Maroon Creek Club Master Association 1 | Plls·| 0,|te.·} Box 8289 copies: Brooke Peterson Brian Martin / MCC A 5 1' F 6 Col. on .4 80 Gary Albert Mi 6,u 97<1·910.6929 FAX 920.6986 Sent By: William Lukes + Associates; 970 920 6986; Apr-17-01 7:18PM; Page 3 MrK-13-Zuul PKI ua:UZ AM FAX NO, P, 02 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5441 DATE: 4.13.01 PROJECT: 1 lightands Planned Unit Development Amendment REPRESENTATIVE: Bill Lukes & Brook Pelerson OWNER: TYPE OF APPLICATION: PUD Amendment DESCRTPTION: PUD Amendment zo approve and define wliat is pennitled outside the Building Envelopes on the small lots at the Maroon Creek Club. Staff feels that it may be possible to do this administratively if the applicant proposes thatthe new requirementsbe similarto whalis allowed in current City of Aspen Selbacks pursuant to section 26.575.040, Yards, with the exception of the first 3 allowances in this code section.. Also. an amendment to approve and provide a definition of Natural Area outside ihe Development Envelopes on the larger lots at the Maroon Creek Club. Land Use Code Section(s) 26.445.100(B) Amendment of PUD development order. Review by: Staff for completo application, referral agencies for lechnica[ considerations, Community Development Director for final approval, If Community Development Director does not think Lhat it meets criteria for ]nsubstantial PUD Amendment then goes to Planning and Zoning Commission for a Public 1 learing Public Hearing: No, unless Community Development Director does not think the proposed amendment meets the criteria for an insubstantial amendment. Referral Agencies: Parks Departinent planninghes: Planning Deposit $500 .leferral Fees: Total Deposit: 5500 To apply, submit the following information: lotal Deposit for review of application. 2. Applicant's name: address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on bchalf ofthe applicant. Signed fec agrecnient. 4, Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within thc City of Aspen. 6, A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 7. Application materials set forth in minimum submission requirements of attached land use application, 8. Application materials set forth in specific submission contents of attached land use application. 8. 2 Copies of the complete application packet (items 1-8) Process: Apply. Planner checks application for completeness. Staff reviews application against PUD Amendment Standards. Application taken to DRC for City Departinent referral comments. The Community Development Director approves the decision notice for an insubstantial amendment if staff feels that the application meets the criteria for an insubstantial amendment. Disclaimer: The foregoing summary is advisory in nature only and is not binding on tile City, The summary is based on current zoning, which is ibject to change in the future, and upon factual reprCIentations thar may or may notbc accurale. The sninmary does not creale a *gal or vested right. Sent By: William Lukes + Associates; 970 920 6986; Apr-17-01.2:20PM; Page 8/12 MrK-13-LUU1 PKI Utl:U4 An FAX NO, < ~ P. 07 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Acreement for Payment of CitY of A*pen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Maroon Creek Club Master Association (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPI.ICANT has submitted to CITY an application for Insubstantial P.U.D. Amendment (hereinafter, THE PROJECO. 2. APPLICANT understands and agrees That City of Agpen Ordinance No, 57 (Series of 2000) cstablishes a fee structure for Land Uss applications and thc paymenr of all proccssing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, i[ ig not possib]: at this Lime to ascertain the full exient of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of all initial deposit and le thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agites additional costs may accruc following their hearings and/or approvals. APPLICANT agrees hc will bc benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through [he greater certainty of recovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT furcher agree that it is impracticable for CITY staff to comp]etc processing or present sufficicn[ information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to makc legally required findings for project consideration, unIc,ss current billings are paid in full prior to decision, 5. Therefore, APPLICANT agrees that in consideraLion of the CITY's waiver ofils right to collect full f-ccs prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of 5 500.00 which is for hours of Community Development staff time, and if actual recorded costs exceed The initial deposit, APPLICANT shall pay addilional monthly billings to CITY to reiniburse the Cli'Y for the processing of ilic application inentioned above, including post approval review or a rate of $205,00 per plantier hour over The initial deposit. Such periodic payments shall bc made within 30 days of the billing date, APPLICANT fuither agrees that failure--to ·pay-5:=h--Fcc. acd costs shall be ground,s for suspension of processing, and in no case will building permits bc issued imtil 711 costs associated with casc processing have bccn paid. CITY OF ASPEN APPLICANT Maroon Creek CliRkster Association By: ~1.~g,0-·- uk-3»··- - Hy: (ft-t~ 1(_0~d~-2-0®-_24 57%29~ Albert\~, President J,F'¢ Ann Woods ~o,flmtinity Development Director Date: 1 June 19, 2001 Mgilinc Address: c/o Kaufman & Peterson, Esq. 315 East Hyman Avenue, Suite 305 Aspen, Colorado 81611 Attn: Brooke A. Peterson, Esq. g :\support\forms\agrpayas.doc 1/10/01 A-#041*« e M + , 1 8 4 BDOX/3 1 rE 3 511FGLE_EAM[LLMJILDING_*bID_DEYELLPMENLENMELQEES 1 ----1, 1 1 1 11 / - \ . .. 1 1 1 , j 2--- 1) '' / // -- I 1 \ ~ / , I , , , 1 1 E 3 5- 1 1 1,1 / \ 1 //f ~1~..F~~ / '' , , \ M 1 1 A / i (r .<r©).1 (:AA flki)/'-·fi) ,/411) 47/ i , I , 'I 1 9 Fili2. 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LETTER OF CONSENT I, Gary Albert, as President o f the Maroon Creek Club Master Association (hereinafter the "Association"), on behalf of said Association, hereby consent to the filing of the Application for Insubstantial P.U.D. Amendment as detailed in the Application from Kaufman & Peterson, P.C. and I hereby authorize Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado; telephone: (970) 925-8166, to act upon behalf of the Association. MAROON CREEK CLUB MASTER ASSOCIATION Dated: June 30 , 2001 dty Alt)er¥, President letters\consent letter .. LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M OATES TELEPHONE (970) 920-1700 RICHARD A. KNEZEVICH FACSIMILE (970)920-1121 TED D GARDENSWARTZ DAVID B KELLY Imoasst@okglaw com OFCOUNSEL: JOHN T. KELLY MARIA TICSAY October 26,2001 By Hand Delivery Fred Jarman Staff Planner Community Development Dept. 130 S. Galena St. Aspen, CO. 81611 Re: Morton A. and Lita Warner Heller and related Trusts ("Applicants") /Application for Insubstantial Amendment to a PUD to alter building envelope to permit temporary fence outside of established building envelope/Lot 35 Maroon Creek Club PUD Dear Mr. Jarman: This letter shall constitute the Application of Morton A. Heller and Lita Warner Heller and related Trusts for an insubstantial PUD Amendment to the Maroon Creek Club PUD. PROPOSED AMENDMENT The Applicants propose to modify the building envelope for Lot 35, Maroon Creek Club PUD to accommodate an open bar wrought iron fence, the purpose of which is to contain a one year old more or less Bull Mastiff which the Applicants rescued from the Mastiff Shelter in Denver, Colorado. After having obtained the dog, the Applicants determined that because ofthe physical nature ofthe dog, that a reasonable area for the dog to roam on the property was necessary, but the same could not be established within the permitted building envelope. The applicant requests that the duration ofthe Insubstantial PUD Amendment to accommodate the fence be for the shorter period of (1) the Heller' s ownership and occupancy of the Property, (2) the period that the Heller' s shall maintain the dog on the Property. In connection with the application you will please find enclosed the following: .. 1. Copy o f the Pre-Application Conference Summary. 2. An Ownership and Encumbrance Certificate proving ownership ofthe subject Property. 3. Fee Agreement signed by the Applicants. 4. Letter of authorization by the Applicants authorizing Leonard M. Oates, Esq. to act on their behalf in connection with this matter. The Applicants name, address and telephone number is: Morton A. Heller and Lita Warner Heller c/o Oates, Knezevich & Gardenswartz, P.C. 533 E. Hopkins Ave. Aspen, CO. 81611 phone: 970 920-1700, fax: 970 920-1121 5. The Property for which the Insubstantial PUD Amendment is requested is Lot 35, Maroon Creek Club, according to the recorded plat thereof. See the attached Ownership exhibit A for the names and addresses of all of the property owners and the holders of all mortgages, judgment, liens, easements, contracts and agreements affecting the Parcel. 6. The Applicants' check in the amount of $1385.00 for review of the Application. 7. Copy of Improvement Survey of the Property reflecting the building envelope per the recorded plat of the Maroon Creek Club PUD, and showing the location of the dog containment fence in relation thereto. 8. Letter from SARC Committee of the Red Mountain Homeowners Association, endorsing the Applicants' application. This letter should be considered the Applicant's Application Packet. Please call with any supplementation which you may need and we would be happy to provide the same. Thank you for your consideration. Very Truly Yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. By--'~<~~~ Leonard M. Oates / Attorney for Leonard A. Heller, Leta Warner Heller and any related entities /pec D:\Data\Clients\Heller\Fence\It Jarman.wpd 4 3 2 1\ lo 1 i. 169.'-·:j':1* LK..2..6... -404 4*'Asha.I:~I September 11.2001 £ASPEN · PITKIN- COMMUNITY DEVELOPMENT DEP\RT\!ENT ~ Mr. Heller 280 Ptister Drive Aspen. CO 81611 CERTIFIED iMAIL RE: Fencing at 280 Pfister Drive Dear Mr. Heller: The Community Development Department has become aware that a privacy fence has been constructed outside the building envelope and without a fence permit on your lot in the Maroon Creek Club Planned Unit Development. Fences are prohibited to be conktructed outside of the approved building envelopes within the Maroon Creek Planned Unit Development. We ask that you please remove the fencing within 30 days or ·legal action may be pursued. Please call me at 920-5100 with any questions regarding this matter. ~/1~ards, /I // Julie Ann Woods, Community Development Director V Cey of Aspen CC: David Hoefer, Assistant City Attorney 130 *un{ GALENA STREET · AspE.N, COLORADO 81611-1975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Ren·cled [bper .. I ... 9 Lot 35 Maroon Creek Club 1-C \91* 01 A N W E S 1 .9--- / .. AURCEL ID: ~2735-113-09035 DATE RCV[f j 11/9/01 # COPIES:~ CASE NO<A108-01 CASE NAME:~Lot 35, Maroon Creek Club PUD Amendment PLNR:~ PROJ ADDR:~268 Pfister Drive CASE TYP:~PUD Amendment STEPS:~ OWN/APP: Morton Heller C/o Le ... ADR~533 E. Hopkins Ave. ' C/S/Z: ]Aspen/CO/81611 PHN:~920-1700 REP:~ ADR:1 C/S/z:1 PHN1 FEES DUE:~ 1205 D 180 E FEES RCVD:~ 1385 STAT: F REFERRALS| REF:~ BY~ DUE: ~ MTG DATE REV BODY PH NOTICED | DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS< - PZ: BOA: CLOSED:~ BY: ~ DRAC: PLAT SUBMITD: ] PLAT (BK,PG):~ ADMIN: ~t By: William Lukes + Associates;~ 970 920 6986; Oct-12-01 3:14PM; Page 1/1 I. .. 1. .. 1. WILILIAM LUKES + ASSOCIATES PROTECT .•d A N AC F i\·1 F N T 1 R C I I I 1 1- C 1 l' W I 12 October 2001 Leonard M. Oates Oates, Knezevich & Gardenswartz, PC 533 East Hopkins Aspen, Colorado 81611 re: Heller Residence Lot 36, Maroon Creek Club PUD Len*e This will confirm that the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association, by a vote of the Committee members present atthe October 11,2001 meeting, granted Mr, and Mrs. Heller a variance for their black metal fence to remain in the area behind and to the sides of the house for a period of time as long as 1) the Hellers own and occupy the property and 2) theirdog, Shasta, resideson the premises. The Hellers agree that this variance will expire and the fence will be removed at such time as either of the above conditions are no longer being met. Please feel free to provide this letter to the City of Aspen as evidence of the Association's support for the Hellers' request to have a City variance approved which would allow the fence to remain. WILLIAM LUKES +ASSOCIATES 0 2- William Lukes AIA Architectural Advisor to the Maroon Creek Club Master Association copies: Gary Aibert Brian Martin P./1 (C> F.11('111.,I .#-89 ANI'l-N l. (i[ (,RADO 81012 97 0 · 9 3 0.6 H 29 'Al 4/0.h V Mil -.. 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Fred Jarman DATE: 5/21/01 PROJECT: "Fence Outside Established Building Envelope" REPRESENTATIVE: Lenny Oates (lmo@okglaw.com) TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: The owners of Lot 35 of the Maroon Creek Club, which maintains a Planned Unit Development (PUD) zoning overlay, wish to temporarily expand their established building envelope to encompass a fence, which has already been erected, to contain a dog. They are seeking land use approval to amend the PUD so that they can enlarge the building envelope to contain the existing fence. The owners presented a letter from the Architectural Advisor to the Maroon Creek Club Master Association stating the Site & Architectural Review Committee (SARC) of the Maroon Creek Club Master Association granted the owners a variance for the ability to maintain the fence for a period of time as long as 1) "the Hellers own and occupy the property and 2) their dog, Shasta, resides on the premises. The variance shall be dissolved and the fence removed at such time as either of these conditions is met." Section 26.445.100(B) of the Land Use Code states: "An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. Process As a matter of process, the matrix below outlines the appropriate process the applicant shall be required to follow. Steps Land Use Request Hearing Body 1 Insubstantiat PUD Amendment Planning and Zoning Commission Applicable Land Use Code Sections 26.304 Common Development Review Procedures 26.445 Planned Unit Development - e . Review by: Staff for completeness, applicable referral agencies for recommendations, Planning Director for a recommendation to Planning and Zoning Commission. Public Hearing: Yes, Planning and Zoning Commission Referral Agencies: Engineering and Zoning Planning Fees: Planning Deposit ($1,205) Referral Agency Fees: Engineering, Major ($180) Total Deposit: $1,385 (additional hours are billed at a rate of $205/hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 1 Copy of the complete application packet and maps. Once Staff deems the application complete, Staff will request the required copies. (P&Z = 9 and Planning Staff = 2) 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. 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. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Process: Planner reviews case for completeness and sends to DRC for referral comments if applicable. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the Community Development Director. A public hearing date is scheduled for the appropriate boards. 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. 1 .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and MORTON A . HELLER AND LITA WARNER HELLER (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Insubstantial PUD Amendment, Lot 35, Maroon Creek Club (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinances No. 98-7 and 99-37 establish a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. J. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, ir is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission andjor Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. .. 5. There fdre, APPLICANT agrees that in consideration o f the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount Of $ 1,385.00 which is for hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days o f the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. APPLICANT MORTON A. HET,LER AND T.~.TA WARNER HET.T.FR Print Name ~,y•~ U yl,Ev»A-~ Signature 44 *vw- ldUL Date: /6 - Vl - e / Mailing Address: c/o Oates, Knezevich & Gardenswartz, P.C. - 533 E. Hopkins Ave. Aspen, CO. 81611 g:\support\forms\agrpaypt.doc 05/05/00 .. October 23, 2()01 Fred Jarman Aspen Community Development Department City Hall, 130 Galena St. Aspen, CO. 81611 Re: Authorization of Oates, Knezevich & Gardenswartz, P.C. to represent Morton A. Heller, Lita Warner Heller and related entities/Lot 35, Maroon Creek Club Dear Mr. Jarman: By this letter authorization is hereby given for Oates. Knezevich & Gardenswartz, P.C. to represent Morton A. Heller, Lita Warner Heller and related entities in connection with Application for Insubstantial PUD Amendment for Lot 35, Maroon Creek Club . In connection therewith Oates, Knezevich & Gardenswartz, P.C. is authorized to prepare, file and process a Land Use Application. Very Truly Yours, 4«di Morton A. }jeller - -H«-*-u-4 )r/F>- Lita Warner Heller D·\Data\Clients\HelleAFence\Iti Authorizabon.wpd t By: William Lukes + Associates;/k 970 920 6986; Oct-12-01-3:14PM; Page 1/1 0 . I. ./ WILLIAM LUXES + ASSOCIATES PROTECT MANA€,FMFNT , R C It 1 1' 1- C r l' 14 1 12 October 2001 Leonard M. Oates Gates, Knezevich & Gardenswartz, PC 533 East Hopkins Aspen, Colorado 81611 re: Heller Residence Lot 36, Maroon Creek Club PUD LenQie This will confirm that the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association, by a vote of the Committee members present atthe October 11, 2001 meeting, granted Mr. and Mrs. Heller a variance for their black metal fence to remain in the area behind and to the sides of the house for a period of time as long as 1) the Hellers own and occupy the property and 2) theirdog, Shasta, resides on the premises. The Hellers agree that this variance will expire and the fence will be removed at such time as either of the above conditions are no longer being met Please feel free to provide this letter to the City of Aspen as evidence of the Association s support for the Hellers' request to have a City variance approved which would allow the fence to remain WILLIAM LUKES + ASSOCIATES William Lukes AIA Architectural Advisor to the Maroon Creek Club Master Association copies: Gary Albert Brian Martin P„%]· O,1-1, i H..ix 8,89 A,PRN 1.01 (>RADO 31/12 970,920.6919 'AX 410· r.1 986 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 24, 2001 at 8:00 AM Case No. PCT15981 PR 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MORTON A. HELLER AND LITA WARNER HELLER AND 268 PFISTER DRIVE, LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 35, MAROON CREEK CLUB, As shown on the Final Subdivision Plat & PUD for Maroon Creek Club recorded November 15,1993 in Plat Book 33 at Page 4. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT .. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. .. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded March 15, 1892 in Book 55 at Page 21, August 26,1911 in Book 55 at Page 189, August 26,1911 in Book 55 at Page 191, September 13, 1934 in Book 162 at Page 400, June 16,1944 in Book 167 at Page 562 and May 20,1953 in Book 180 at Page 155. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in Plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26,1994 in Book 756 at Page 597, Fourth Amendment thereto recorded July 26, 1994 as Reception No. 396947, and Assignment of Successor Declarant for Maroon Creek Club, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded November 12,1993 in Book 730 at Page 606 and amended March 10, 2000 as ' Reception No. 441279. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13,1993 in Book 721 at Page 245 as Resolution No. 93-104. 12. Avigation Easement granted to Pitkin County recorded November 12,1993 in Book 730 at Page 690. (Continued) .. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 13. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group 11, Limited Liability Company, a Utah Limited Liability Company, recorded November 15,1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15,1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191. 14. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded July 11, 1994 in Book 755 at Page 55. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded August 28,1995 in Book 791 at Page 821 as Resolution No. 95-128. 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 34, Series of 1996 by City Council of the City of Aspen recorded February 1,1997 as Reception No. 401985. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 33, Series of 1996 by City Council of The City of Aspen recorded February 21,1997 as Reception No. 401986. 18. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 40, Series of 1996 by The City Council of the City of Aspen recorded April 8,1997 as Reception No. 403224. 19. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 96-40, Series of 1996 by City of Aspen recorded May 15,1997 as Reception No. 404428. 20. Terms, conditions, provisions and obligations as set forth in Revocable Landscape License recorded June 28, 2000 as Reception No. 444588. 21. Terms, conditions, provisions and obligations as set forth in Agreement for Maroon Creek Club Roads and Common Area Parcels recorded September 22,1999 as Reception No. 435797. 22. Deed of Trust from: MORTON A. HELLER and LITA WARNER HELLER and 268 PFISTER DRIVE LLC To the Public Trustee of the County of PITKIN For the use of : FIRST REPUBLIC BANK Original Amount : $1,600,000.00 Dated : May 4,2001 Recorded : May 14, 2001 Reception No. : 454431 .. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of 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 Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There 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 owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT15981 PR A and B are attached. .. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020055778 REFERENCE:PCT15981 PR/MORTON A. HELLER and LITA WARNER HELLER and 268 PFISTER DRIVE, LLC .. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and • Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. . I .. Fidelitv National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws, We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, 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. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. X,2 . Yrf. 4. , 4 . I.'ll ./.1' ·l , 47 2·'I: r ' ,#:.' - TH.1 C & ..:'i~i 5 :.:71 LEGEND AND NOTES 20*t-'h CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING .C Cl 5°55'33- 223.00 23.06 23.05 N 34°32* 13-W O FOUND SURVEY MONUMENT (REBAR WITH CAP) AS DESCRIBED C 2 49°26 53 120.01 103.57' 100.38 S 41°13 39-E BEARINGS BASED ON 1918 G.L.0. BRASS CAPS IN PLACE FOR THE WEST 1/4 CORNER AND THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE 6th PRINCIPAL MERIDIAN. N 00°33'027 2683.01 AS PLATTED, FIELD MEASURED 2682.97*. 1.-10 N SURVEY CONTROL 0 10 20 BUILDING ENVELOPE SCALED • WATER VALVE O UTILITY BOX POSTED ADDESS -268- TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. ORDER NO. DATED: WW WINDOW WELL 0 0 0 DOG CONTAINMENT FENCE .. 36 27 a - 1. 0 24303 40.00 0 N 73°30'00 25947 CONC. DRIVE 0 0,0/ f 0 0 0 V f DRIVE ENCROACHMENT 42 0 $ h 00 »4 - - & Ad ·O , l COLUMN ~ / i AP 0 '0 52 20. COLUMN .4/ 94 0 A b ./ 0 Ab 4 + 6 1 4> SET 25947 4 46- 1 LOT 35 t ·a· 1 0, 0 25947 0* 4 ~CLEAN OUT 0 0 t· e 4 2 4 0 ' 4 HOUSE '10 f 41 9 2 %. I i %. 4 *e % y / 259 PATIO .> 5 1 / 1 / 0 OG CONTAINMENT FENCE ~ 1 1 f i / %. rio 02 1 /00 ve O \ %3* / 0% 4' PAT I O 0, + .0, y . I ...0 0 % k 1 lep 6 IS· 34 CERTIFICATION THE UNDERSIGNED STATES THAT T~jROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING hl ·2001 AND IS ACCURATE BASED ON THE FIELD EVIDENCE At SHOWN, AND tHAT THERE ARE NO . DISCREPANCIES OF RECORD, BOUNDARY I INF CONA I CTS, ENCROACHMENTS ; EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR RNOWN TO ME EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO ABOVE~ROUND 4 9 ~ APPURTENANcai,¥ UMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR AR€1* 47 IS SURVEY I S VO I D UNLESS WET STAMPED WI TH THE 040= :0*4Y0R BELOW. 24303 J02%1*02$QR ;04 U 922. 14/1 9,3..ir#V : 4%#mil,Intll\* .. IMPROVEMENT SURVEY OF LOT 35, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Moroon Creek Club, recorded November 15, 1993 in Plot Book 33 at Page 4, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. CONTAINING 15,198 SQ. FT. ./- .. PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ASPEN, COLORADO 81611 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERT IFI CAT ION SHOWN HEREON. THE DATE JOB CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 11/01 29027D SURVEYOR