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HomeMy WebLinkAboutLand Use Case.631 Pfister Dr.0101.2015.ASLU0101.2015.ASLU 631 Pfister Drive RDS VARIANCE 2735-112-090-42 1 ti / Scanus All W -1 ~ '/VV. '1 4 PATH: G/DRIVE / MASTER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0101.2015.ASLU PARCEL ID NUMBERS 2735 112 09 042 PROJECT ADDRESS 631 PFISTER DR PLANNER SARAH NADOLNY CASE DESCRIPTION APPLICATION FOR RDS VARIANCE REPRESENTATIVE RYAN LEE DATE OF FINAL ACTION 01.08.2016 CLOSED BY KARLA HENRICHON 7.28.2016 0101.2015.ASLU PARCEL ID 273511209042 6 Permits c:31 [E 'd"di Elle Edit Record Navigate Fgrm Reports Format Iabl Help ~ itpx k ,/4-gl i D i 6 .3 ·d 0- ~ ]:1 1 > >J E d A lump 1 ~1 G I G :~ 3 €44*3 E @ 41 16 1 @ 42*1 i I 3 '3) e ..EN.4.14 * m ]*InB Custom Fields Rogting Status Fee SummarY IActions IRouting History I 1 Permit type aslu , Aspen Land Use Permit 0101.2015.ASLU Address 631 PFISTER DR AWSuite .11 11. City ASPEN State |CO '- ~ Zip 81611 b·] Permit Information Master permit Routing queue aslu 15 Applied 12./01./2015 Project ~ ~ Status Pending Approved 11 Description APPLICATION FOR RDS VARIANCE Issued Closed/Final Submitted RYAN LEE 405 314 5104 clock |Running | Days |~--6~ Expires 11/25/2016 Submitted via - Owner f1I Last name BROKEN HILL 3 LLC First name 314 S GALENA ST ASPEN CO 81611 Address Phone () - ~~ Applicent U Owner is applicant? U Con#actor is applicant? Last name FORUM PHI First name STEEV WILSON 715 W MAIN ST U SUITE 204 Phone (970) 2794109 Cust # 30228 " Address ASPEN CO 81611 Email LDUNN@FORUMPHI.COM Lender Last name ~ First name ~ r 111 I Aspendomfiser)*G@*~ 1 CK # 2111 NO REFERRALS $650.00 FLAT FEE 177%~**,&o - ~ seloN )10!no~ xogio owi sdn"o~alfip - '' emawma,ex~~%. I £ .947/4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: l/3 \ PFI 41122_ De_ , Aspen, CO \-Or 1-2 kiAIZE©10 27216 0-al:z> 5UE> ibl\)l€iON) Pketa- 110 21-35( 2204 042 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 3-R/LAilay/u) A IZA<A-f>Ut--1 (name, please print) being or representing all Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Laid Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4,/ 3 u.e U,M: d . Il.tt411-6_oL (/ Signatuk The foregoing "Affidavit of Notice" was acknowledged before me this 141day of·J~14\lAwN , 200.!2-, bf .PriRU Cl>/ 0 ·A - IZ-A-6Ap'~At(-4 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: c>I l El C Ilp Notice is hereby given to the general public of the approval 01 a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the property commonly known as 631 Pfister A** Pok-* 9 ~ »y·~19- Dr. and legally described as Lot 42 01 Maroon Notary Public Creek Club Subdivision, City of Aspen, Pitkin County Colorado, Parcel ID #273512209042. The applicant. Broken Hill 3 LLC, haas received an ad- ministrative Residential Design Standard variance r-'.:<:r'.='~74<4£:r. - p._'... that will permit the front entry door of the residence , ~ KAREN REED PATTERSON to be placed approximately 51,9· from the front- most wall of the building due to unique site-specific ATTACHMENTS: 1 NOTARY PUBLIC 1 constraints, For further information contact Sara Nadolny, at the City of Aspen Community Devel- STATE OF COLORADO opment Dept. 130 6. Galena St, Aspen, dolorado (970) 429-2739, or sara.nadolny@ cityofaspen.com. NOTARY ID #19964002767 COPY OF THE PUBLICATION My Commission Expires Februa 15, 2016 Published in the Aspen Times on January 14,2016 (11829206) DEVELOPMENT ORDER o f the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order5 unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075. or·unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Broken Hill 3 LLC. 2416 E 37th St N., Witchita. KS 67219 Property Owner's Name, Mailing Address Lot 42 Maroon Creek Club Subdivision. commonly known as 631 Pfister Dr. Citv of Aspen. Pitkin County Colorado. Legal Description and Street Address of Subject Property The applicant has received approval for a residential design standard variance allowing the front door of the residence to be set back approximately 51' from the front-most wall of the building. The Code allows for the front door to be up to 10' back from the front-most wall of the building. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval for a Residential Design Standard Variance, based on a site-specific constraint, approved January 8. 2016. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 14,2016 Effective Date of Development Order (Same as date of publication of notice of approval.) January 15,2019 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Mitnicipal Code.) Issued this Sth day of January, 2016, by the City of Aspen Deputy Community Development Director. 00*41__ JEREffer Phe~~ Deputy Community Development Director NOTICE OF APPROVAL RESIDENTIAL DESIGN STANDARD VARIANCE AT LOT 42 OF MAROON CREEK CLUB SUBDIVISION, COMMONLY KNOWN AS 631 PFISTER DRIVE, CITY OF ASPEN, COUNTY OF PITKIN, COLORADO. Parcel ID No. 273511209042 APPLICANT: Broken Hill 3 LLC SUBJECT & SITE OF APPROVAL: The applicant is requesting a Residential Design Standard variance at 631 Pfister Drive. BACKGROUND: 631 Pfister Drive is Lot 42 of the -Maroon Creek Club Subdivision. This is a vacant lot that measures 121,445 sq. ft. The lot has both a building envelope and development envelope, and a 2012 administrative approval clarifies what may be developed within these envelopes (Reception No. 587075). According to the Subdivision Improvement Agreement Lot 42 is limited to 10,000 sq. ft. of floor area. SUMMARY: The applicant is proposing a new single-family residence on the site and has requested approval of a Residential Design Standard variance to allow the front entry door of the proposed residence to be more than 10' back from the front-most wall of the building. Section 26.410.040(D)(1)(a) of the Residential Design Standards chapter of the Land Use Code states "The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building." The applicant is proposing a design where the attached garage is forward of the front fagade. Because this feature is attached to the primary structure, the front-most wall of the home is considered to be the garage wall closest to the front lot line (see Exhibit A). The proposal includes setting the front door back from the front-most wall of the residence a total of 51.9'. STAFF EVALUATION: The intent of this standard is to promote visual and physical connection between a building and the street by providing an obvious and clear front entryway to the residence. To qualify for an administrative variance the application must meet one o f the following two review criteria, as outlined in Exhibit B to this memo. 1) 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 director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or 2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. RECEPTION#: 626265, 01/12/2016 at 09:58:36 AM. 1 1 OF 3. R $21.00 Doc Code APPROVAL Janice K. Vos Caudill. Pitkin County. CO Staff has found no pattern of development with the surrounding homes or neighborhood that indicates the proposed door placement is an appropriate design for this particular lot, in accordance with the first criterion. However, the subject site does contain some unique, site-specific constraints. A building envelope and development envelope was previously approved for the site as part of the Maroon Creek Club PD. The envelopes are rectangular, with the longest sides being the property's front and rear lot lines. This shape directs the pattern of development that may be built on the site. Pfister Drive is situated approximately 14' above the area where development may occur. Due to this steep slope access to the property must come from Pfister Dr. at an angle down to the property's building envelope. The residence on the site has been designed so that the access to the property comes across the front of the lot and ends at an attached garage at the far right side of the site. With the street 14' above the development envelope the building's front door and entire first floor will be obscured from sight from street level. As the site is accessed the front door is obviously located and will have clear access. Given the challenges of access associated with the slope and the shape and location of the building envelope, Staff finds this request to meet the second criterion for a Residential Design Standard variance. DECISION: Staff finds the application for a Residential Design Standard variance request at 631 Pfister Dr. to meet the criterion for a site-specific constraint, and hereby APPROVES the applicant's request. APPROVED BY: . r <- M N 1 // -/ /,1 e>'~ 1 0 1/5 < likfIA:tiffn A, f.f~ 2, 4 r O 'u.v lv~ , *riftifer Phelan Date, Deputy Community Development Director Attachments: Exhibit A - Site Plan (recorded) Exhibit B - Review Criteria & Staff Findings (in file) Exhibit C - Application (in file) 2 Exhibit A . 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I ..4 + I. - -1------- U. - ./ - Nlld EIS 72:t¢ -30.3..0..Of. 1# --- --- --49 FFEJEE-WEi.....~....... Exhibit B Staff Responses to Review Criteria 26.410.020.D Variances. 1. Administrative variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the residential design standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: 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 director may consider the relationship of the proposed development with adj acent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine ifthe exception is warranted; or Staff Response: Removing thefront door of the building more than 50'from the front- most wall of the residence is not condition found to be consistent with adjacent structures or neighborhood context. Sta#Jinds this criterion to not be met. b). Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Response: The subject site has some unique, site-specific constraints. A golf course easement runs through a significant portion of the back of the property, comprising approximately 50% of the lot area. The property is sloped throughout the site. A building envelope and development envelope was previously approved for the site as part of the Maroon Creek Club PD. The envelopes are rectangular, with the longest sides being the property's front and rear lot lines. This shape directs the pattern of development on the site. Pfister Drive is situated approximately 14' above the area where development may occur. Due to this steep slope access to the property must come from P.fister Dr. at an angle down to the property's building envelope. The residence on the site has been designed so that the access to the property comes across the front of the lot and ends at an attached garage at the far right side of the site. Given the challenges of access associated with the slope and the shape and location of the building envelope, Stafffinds this criterion to be met. RETAEN FOR 1 01; 2-01S. -ASUJ PERMANEFIT FILES - Z COMMUNITY DEVELOPMENT DEPARTNIEVT -- U.1 Agreement to Pay Application Fees Ill. 9 %~ W An agreement between the City of Aspen ('City») and Phone No.: 970-544-2000 t- Mi Prope'ty Broken Hill 3 LLC £ Owner ("13: Email: bob@bobbowden.corn 2 C.) Address of 631 Pfister Dr Billing c/o Forum Phi property-. Aspen, Address: CX) 81611 715 W Main Street, Suite 204 (subject of (send bilis here) Aspen i CO 81611 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 flat fees are non-refundable. O Select Dept R flat fee for Select Dept 0 $- flat fee for. 650 flat fee for Select Dept 0 Select Review $ $ fiat fee for Planning Dept I 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. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. 60 0 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director < Narns- SrEEV kneke #+1 City Use: 650 Fees Due: $ Received: $ 690:00 Title: £5>•u.-,es/L ,0Rs-ur- junliar> 30 [ 5 CHy ot Aspeu I 130 i Galena St. I (970; 02(}-5{)00 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: November 30,2015 Dear City o f Aspen Land Use Review Applicant, We have received your land use application for 631 Pfister Drive - RDS Varaince and have reviewed it for completeness. ';EL Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the application. 2) Review deposit of $650.00. 3) One additional hard copy of the application 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, JennifiI*elan, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No >< Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes__ No_ph Commercial E.P.F. Lodging Kkul=IVED NOV 2 4 2015 ATTACHMENT 2 -LAND USE APPLICATION CITY OF ASPEN PROJECT: CO?,14?VITY DEVELOPMFNT Name: Lot 42 New Construction, Maroon Creek Club Location: 631 Pfister Drive, Aspen, CO 81611 I Legal Description: Maroon Creek Club Lot: 42 Free Market (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273511209042 APPLICANT: Name: Broken Hill 3 LLC Address: 2416 E 37th St N., Wichita, KS 67219 Phone #: 970-544-2000 REPRESENTATIVE: Name: Ryan Lee, Forum Phi Address: 715 W Main St, Suite 204. Aspen, CO 81611 Phone #: 405-314-5104 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption El Conceptual PUD U Temporary Use GMQS Allotment 2 Final PUD (& PUD Amendment) U Text/Map Amendment Special Review 2 Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream 2 Subdivision Exemption (includes ~1 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review E Lot Split U Small Lodge Conversion/ Expansion ® Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) The envelope, grading, and engineering constraints have lead to a design in which the garage becomes the foremost wall of the building and thus pushes the entry door back to allow the driveway to pass in front of it. Have you attached the following? FEES DUE: $ 650 E Pre-Application Conference Summary [3 Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form 01 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0000 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 42 New Construction, Maroon Creek Club Applicant: Forum Phi Location: 631 Pfister Drive, Aspen, CO 81611 Zone District: RR Lot Size: 2.788 acres, 121,445 sq ft Lot Area: 2.788 acres, 121,445 sq ft (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: PropOSed: Number of residential units: Existing: Proposed: 1 Number of bedrooms: Existing: Proposed: 5 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: NIA Allowable: 10,000 Proposed: 9,892.25 Principal bldg. height: Existing: NIA Allowable: 28' Proposed: 28 Access. bldg. height: Existing: NIA Allowable: NIA Proposed: N/A On-Site parking: Existing.- NA Required: 2 Proposed:3 % Site coverage: Existing.· N/A Required: NIA Proposed: NIA % Open Space: Existing' N/A Required: NIA Proposed: NIA Front Setback: Existing.· NA Required: 30' Proposed: 30' Rear Setback: Existing: NIA Required: 20' Proposed: 31' Combined F/R: Existing: N/A Required: NIA Proposed: NIA Side Setback: Existing: N/A Required: 201 Proposed: 40' Side Setback: Existing.· N/A Required: 20' Proposed: 40' Combined Sides: Existing.- NIA Required: NIA Proposed:NIA Distance Between Existing N/A Required: NIA Proposed: NIA Buildings Existing non-conformities or encroachments: Variations requested: Variation on the front door being setback greater than 10' from the front-most wall of the building. QQ CITY OF ASPEN ¢ 2 PRE-APPLICATION CONFERENCE SUMMARY 30 E-3 m PLANNER: Sara Nadolny, 970.429.2739 DATE: 11.20.2015 W » PO U) PROJECT: 631 Pfister Dr. € -O REPRESENTATIVE: Ryan Lee, Forum Phi, 405.314.5104 m REQUEST: Residential Design Standard Variance DESCRIPTION: The subject site is located in the Rural Residential (RR) zone district and is free-market lot 42 of the Maroon Creek Club. Per the Assessor, the lot measures 2.78 acres. The Maroon Creek Club properties are exempt from 8040 Greenline Review, per the Water Service Agreement, Section 33. The applicant is proposing a new single family home on this vacant lot. At this time the applicants are looking for one variance from the Residential Design Standard relating to the front door. Section 26.410.030.D.1.a requires the entry door face the street and be no more than ten feet back from the front-most wall of the building. The applicant is proposing a design where a side-loaded garage to the far right of the building is attached and therefore considered to be the front-most wall of the structure. The front door of the structure is proposed to be 51'9" from the garage's front-most wall. Staff will consider this application first for an administrative variance prior to sending it to P&Z for review. The applicant makes the case that with the steep grade change from Pfister Dr. to the property the first story of the home is entirely obscured from street level. The front door is obviously located and easily accessible along the front plane of the primary structure. Should the application be found to not meet the standards for an administrative review the applicant will have the choice to continue on to P&Z for review. The applicant must indicate how the criteria for RDS variance is met through written response as part of the land use application. 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°/020and %20Fees/2013%20Iand%20use%20a pp%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 26.410.020.D.1 Administrative Variances 26.410.040.D.1.a Entry door Review by: Staff for complete application Public Hearing: None at this time; Client will be informed if they choose to take this to P&Z if this application cannot be approved administratively. ASLU RDS Variance 631 Pfister Dr / Maroon Creek Club 273511209042 1 NOV 2 4 2014 RECEIVED Planning Fees: Planning Deposit - $650, flat fee Total Deposit: $650 To apply, submit the following information: Il Completed Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). m Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. m 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. Il HOA Compliance form (Attached) m A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. £ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. 0 Written responses to all review criteria. [3 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. [3 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: D 1 additional copy of the complete application packet and, if applicable, associated drawings. m Total deposit for review of the application. Il A digital copy of the application provided in pdf file format. 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 stewart title 620 East Hopkins Ave Stewart Title - Aspen View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: August 10,2015 File Number: 01330-51709-Amendment No. C2 Property: TBD TBD, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Priscilla Prohl-Cooper Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Phone: (970) 300-3149 Email Address: pprohl@stewart.com Email Address: kurt.beereboom@stewart.com SELLER: BUYER: Broken Hill 3 LLC TBD Delivery Method: Emailed Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-51709 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-51709 Escrow Officer: Priscilla Prohl-Cooper Property Address: TBD TBD Aspen, CO 81611 Buyer/Borrower: TBD "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-51709 Page 1 of 1 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 title guaranty company *E-7 ;3ywor ' Matt Morris Authorized Countersignature President and CEO Stewart Title - Aspen 11./Xmt 620 East Hopkins Ave iltit' 1-9~' :/&VA Aspen, CO 81611 (970) 925-3577 -» Denise (30rraux Secretary 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. AM'RIrAN UND I All other uses are prohibited. Reprinted under license from the American Land Title Association. A ..-. 'Atih,N File No. 01330-51709 004-UN ALTA Commitment (6/17/06) *~96 7/ CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, 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< http:Uwww.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. III"i"iii"" AMERiCUN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, IA.„Ii 111 All other uses are prohibited. Reprinted under license from the American Land Title Association. A %160<1, *M File No. 01330-51709 r..0,44 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.. 01330-51709- Amendment No. C2 1. Effective Date: August 04, 2015, at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.TA. Owner's Policy 2006 (Extended) Proposed Insured: TBD (b) A.L.IA. Loan Policy 2006 (Standard) 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: Broken Hill 3, LLC 5. The land referred to in this Commitment is described as follows: Lot 42, Maroon Creek Club, as shown on the Final Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4. County of Pitkin, State of Colorado Purported Address: STATEMENT OF CHARGES TBD TBD These charges are due and payable Aspen, CO 81611 before a policy can be issued Basic Rate 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. IM'll€..N All other uses are prohibited. Reprinted under license from the American Land Title Association. :"11 1,¥':3 4%*** .*MI!11¥ File No. 01330-51709 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY 39 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-51709-Amendment 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. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution ofAffidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 7. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 8. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 9. Relating to Broken Hill 3 LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 10. Relating to Dakota Land & Investment Company, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof 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(.AN All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-51709 4-)04 ,4,*K•* Page 1 of 2 STEWART TITLE -) CO STG ALTA Commitment Sch B I GUARANTY COMPANY . QI COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 11. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Special Warranty Deed with Restrictions recorded June 20, 1994 in Book 753 at Paae 757. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. 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.'*1<A,4 All other uses are prohibited. Reprinted under license from the American Land Title Association. 99;33/1* 4»*ENAWN File No. 01330-51709 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY -/ 1 1% COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII File Non 01330-51709-Amendment No. (2 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 and Right of Way for ditches and canals as reserved in United States Patent, recorded August 26, 1911 in Book 55 at Page 191 as Reception No. 74888, recorded March 15, 1892 in Book 55 at Page 21, recorded August 26, 1911 in Book 55 at Page 189, recorded June 16, 1944 in Book 167 at Page 562 and recorded May 20, 1953 in Book 180 at Page 155, recorded September 13,1934 in Book 162 at Paae 400. 11. Terms, conditions, obligations, provisions and easements of Master Declaration of Protective Covenants for Maroon Creek Club as set forth in instrument recorded December 2, 1993 in Book 733 at Paae 598 as Reception No. 364075, and Assignment and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book 750 at Page 242 as Reception No. 369936, and First Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 83 as Reception No. 367049 and Second Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded June 8, 1994 in Book 752 at Page 754 as Reception No. 370864, and Amended and Restated Third Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded July 26,1994 in Book 756 at Page 597 as Reception No. 372475, and Fourth Amendment to Master Declaration of Protective Covenants for Maroon Creek Club recorded September 12, 1996 as Reception No. 396947. 12. Terms, conditions, obligations and provisions of Subdivision Improvement Agreement for Maroon Creek Club (formerly Pfister Ranch/Golf) as set forth in instrument recorded November 12,1993 in Book 730 at Page 606 as Reception No. 363236, and Insubstantial P.U.D. Amendment recorded December 19, 1996 as Reception No. 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, ....ILAN All other uses are prohibited. Reprinted under license from the American Land Title Association. '89;31,1% File No. 01330-51709 Page 1 of 3 STEWART TITLE 1~2, CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY ,?4* COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 400129 and Amendment recorded March 10,2000 as Reception No. 441279. 13. Terms, conditions, obligations, provisions, easements and rights of way as shown and contained on Plat of Maroon Creek Club recorded November 15, 1993 in Plat Book 33 at Page 4 as Reception No. 363275 and Amended Sheet 2 recorded March 31,1994 in Plat Book 34 at Page 23 as Reception No. 368436, and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 117 as Reception No. 367059, and Assignment of Final Subdivision Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 121 as Reception No. 367060. 14. Terms, conditions, obligations and provisions of Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Final Approval for Maroon Creek Club (Previously Pfister Ranch/Golf), Resolution No. 93-104 as set forth in instrument recorded August 13, 1993 in Book 721 at Page 245 as Reception No. 360002, and Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting a Minor Amendment to a Development Permit to the Maroon Creek Club Limited Liability Corporation, Resolution No. 95-72 recorded May 2, 1995 in Book 779 at Paae 849 as Reception No. 380961, Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Approval of the Maroon Creek Club Special Review, 1041 Hazard Review GMQS Exemption, and Subdivision Exemption for the Maroon Creek Club/Eagle Pines Water Tank and Pump Station, Resolution No. 95-95 recorded June 1, 1995 in Book 782 at Page 453 as Reception No. 381834, and Resolution of the Pitkin County Board of County Commissioners Defining the Method of Floor Area Calculation for the Maroon Creek Development and Amending Resolution No. 93-104, Resolution No. 95-128 recorded August 28, 1995 in Book 791 at Page 821 as Reception No. 384763. 15. Terms, conditions, obligations and provisions of Dedication Agreement for Roads as set forth in instrument recorded November 12, 1993 in Book 730 at Page 662 as Reception No. 363240. 16. Grant of Easement Agreement (Avigation Easement) by and between Pearce Equities Group Il Limited Liability Company, a Utah limited liability company, and Pitkin County Colorado, as set forth in instrument recorded November 12, 1993 in Book 730 at Paae 690 as Reception No. 363242. 17. Terms, conditions, obligations, and provisions of Water Service Agreement as set forth in instrument recorded November 15,1993 in Book 730 at Page 797 as Reception No. 363258, and Assignment and Assumption of Water Lease Agreement recorded November 15,1993 in Book 730 at Page 865 as Reception No. 363259, and Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 as Reception No. 365464, and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 as Reception No. 368825 and First Amendment recorded October 17, 1997 as Reception No. 409559. 18. Ordinance No. 34 (Series of 1996), An Ordinance of the City Council of the City of Aspen, Colorado Approving the Annexation of Certain Territory to the City of Aspen, Colorado to be known and designated as ,11, Maroon Creek Club Subdivision (South) Property"" Annexation as set forth in instrument recorded February 21, 1997 as Reception No. 401985; Ordinance No. 33 (Series of 1996), An Ordinance of the City Council of the City of Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and designated as the ""Maroon Creek Club Subdivision (North) Property"" Annexation recorded February 21, 1997 as Reception No. 401986; Ordinance No. 40 (Series of 1996) An Ordinance of the Aspen City Council Granting a Rezoning for the Maroon Creek Subdivision in Conjunction with Annexation into the City of Aspen recorded April 8, 1997 as Reception No. 403224, and re-recorded May 15,1997 as Reception No. 404428, and Ordinance No. 16 (Series of 1997) recorded June 23, 1997 as Reception No. 405615. 19. Conditions and restrictions as set forth on the Maroon Creek Club Annexation plats recorded February 6,1997 in Plat Book 41 at Paae 76 as Reception No. 401571, and in Plat Book 41 at Paae 77 as Reception No. 401572. 20. Terms, conditions, obligations, provisions and easements of Road Easement Agreement as set forth in instrument recorded November 15, 1993 in Book 730 at Page 938 as Reception No. 363262; Road Maintenance Agreement 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. .....©AN :Awl, i#*ji All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-51709 Page 2 of 3 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY 449 - COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII rerecorded November 12, 1993 in Book 730 at Page 739 as Reception No. 363249; Access Easement Agreement recorded November 12,1993 in Book 730 at Page 774 as Reception No. 363255; and Assignment of Road Maintenance Agreements Related to Maroon Creek Club recorded September 3, 1996 as Reception No. 396644. 21. Mineral Rights disclosed on Deed recorded February 17,1994 in Book 742 at Page 97. 22. Trench, Conduit, and Vault Agreement as set forth in instrument recorded July 11, 1994 in Book 755 at Page 55 as Reception No. 371946. 23. Restrictions and Reservations contained in Warranty Deed recorded June 20, 1994 in Book 753 at Page 757. 24. Notice of Approval recorded February 29, 2012 as Reception No. 587075. 25. Agreement regarding Maroon Creek Club Roads and Common Area recorded September 22,1999 as Reception No. 435797. 26. Ordinance recorded October 23, 2014 as Reception No. 614783. 27. Any Leases and Tenancies. 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#* 81©AN €i€F, 71** All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-51709 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY r=t 409' 4. DISCLOSURES File No.. 01330-51709 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 - Aspen 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.: 01330-51709 CO Commitment Disclosure STG Privacy Notice 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 privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title 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 include 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 Yes No business and managing 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 Yes No you. 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 Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information No We don't share about your creditworthiness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by 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 transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We 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 notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? • request insurance-related services • 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.: 01330-51709 Page 1 Revised 11-19-2013 CONSENT AND AUTHORIZATION TO REPRESENT Broken Hill 3 LLC FORUM PHI Lot 42 Maroon Creek Club Aspen, CO 81611 City of Aspen Community Development Department August 5, 2015 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 RE: Lot 42 Maroon Creek Club Dear Director, This letter shall serve as my approval for Broken Hi113 LLC (represented by Forum Phi) to apply for and submit land use applications, building permit applications, and subsequent documentation for the property at Lot 42, Maroon Creek Club, Aspen CO, 81611. I authorize Forum Phi to submit, represent and obtain materials on the behalf of the owner of Lot 42, Maroon Creek Club, Aspen CO, 81611. I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building Permit Application, or to gain building file information on our behalf for the project located at Lot 42, Maroon Creek Club, Aspen CO, 81611. They may represent us during the application review and approval processes. They may act on our behalf, may sign on our behalf al! applications and permits, and any documents required or ancillarythereto. Steev Wilson, Partner, AIA Forum Phi Architecture 715 W Main Street, Ste 204 Aspen, CO 81611 Sincerely, 8/4/2015 Owner Signature Date Darrell twan#<j *naF-; Afen /1/1 3,£11 Owner Printed Name ARCHITECTURE I INTERIORS I PLANNING COMMUNITY DEVELOPMENT DEPARTMENT f 1 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Comoliance FoUB (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Broken Hill 3 LLC Property Owner C i b Email: bob@bobbowden.com Phone No.: 70-544=2000 Address of Property: Lot 42, Maroon Creek Club, Aspen CO 81611 (subject of application) I certify as follows: (pick one) El This property is not subject to a homeowners association or other form of private covenant. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: C»J« date: 9/(42015 Owner printed name: (jarre# 6«nK, /lk'al·£r &,ot«7 th'// 4 /1.L or, Attorney signature: date: Attorney printed name: ARCHITECTURE INTERIORS PLANNING RDS Administrative Variance Request I 631 Pfister Dr, Maroon Creek Club November 20, 2015 The owner of 631 Pfister Dr would like to apply for an administrative variance from the RDS pertaining to subsection 26.410.040.D.1.a. 26.410.040.D.1.A The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Administrative Variances: The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the residential design standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: 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 director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director 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. Please see the attached site plan and elevations which illustrate the front door is more than 10 feet back from the front-most wall of the building. We would like to highlight the site conditions that have lead to this request. • Access from the private road Pfister Drive is required as there is no other road, alley, or way to access this site. • The established development and building envelopes push the development back from the lot line 30 feet, which is already significantly set back from the edge of Pfister Drive. • A grade change ranging from 12-14 feet down the slope is required to get from Pfister Drive to the developable area on this sloping site. • In order to create a driveway with a slope that meets the engineering requirements, the garage has been placed on the street frontage side of the building accessed perpendicularly to hide the doors from view as allowed by the RDS. The above envelope, grading, and engineering constraints have lead to a design in which the garage becomes the foremost wall of the building and thus pushes the entry door back to allow the driveway to pass in front of it. 715 W MAIN ST, SUITE 204 I ASPEN, CO 81611 970.279.4157 1 FORUMPHI.COM -- DEVELOPMENT ENVELOPE~ _-_-__ \ \ 6 2 6 0 1 i _-- FORUM 3 . PROPERTY LINE \ PHI CD 6 0 ---- 1 i 4115-101/4- T.0 WIq/ 9 - 2 -- - VT.O. STREET ~OVE DRIVEWAY ~ 1 / P 0\ 1 1 6 --- - .. T.WALL =6 1 ABOVE DRIVEWAY . \ I :(P 4 Aspen, Colorado 81611 DEVELOPMENT EN*L~CE ~ 1 1 , P· 970.279.4157 F 866.770.5585 1 1 1 0---- 1 \ 6 \ T.O. WALL=1 WATER \\ 1<r GRADE=810.-6 ~ 631 PFISTER DR FEATURE \ LOT 42 MAROON CREEK CLUB, --- \ ASPEN, CO 81611 1 3 , 1 11 Gor[)iRC-EN/~2127- ~;.. ~ 1-67-~.In f~¢~'~0»---··-,t:' 78%54 i ..2 j / 1 1 1 1 4*tr·· - '' ' E le r . E 1-1- ···-- . 1 1 - i CONSULTANTS DRIVEWAYACCESSED FROM 2 I ' i 1 SURVEYOR PFISTER DRIVE GRADE . CHANGE OF 15·.10· 1/4 1 RE: A.0022 - 7 -· ~ · ·: .-: 1 727 Blake Avenue j DEVELOPMENT ENVELOPE 1 1 IS 30· SETBACK FROM I Glenwood Springs, CO 81601 ~ PROPERTY LINE V 51 *"r PATIO jeff@tss-us.com 1 P 970-928-9708 1 30·-0- i 1 ON STREET FACING FACAOE ---_ TT»r FRONT ENTRY DOOR RECESSED · / 89' . 0 CIVIL I 1 1 Roaring Fork Engineering ' PROJECT 100'-0- =8101'6' . 1 PO Box 9554 iE ' 1 ~ - ---, Aspen. CO81612 P: 970-384-9052 1 h M N ~.-1 1 richardg@rfeng.biz 1 1 Il. 1 11 -/1 1 11 1 1 ··· MECHANICAL \ f · 40801 US Hwy 6&24, Ste 214 4100·.0- . " P.O. IF 1 \ wl P:970-748-8520 1 . ' ' 1 LU stan@aec-vail.com 1 - CL LOT 42 MAROON CREEK CLUB z, LOTSIZE· 2.788 AC 4 ·11 > Albright & Associates. Inc. Z i 121445.3 SIAURE FEET 01 w 402 Park Ave. Unit E 0 1 31 . : : .; 1,1,;. :1-: 1. : 51 Basall CO 81621 ZONE DISTRICT RR 1 1 1 : 1 m I jack@albnght-associates.com I w Bob Bowden Development 8101 ~-·t - 625 E Main St r---- 1 4 1 Aspen, CO 81611 1| hmarsh@bobbowden.corn 1 970-379-4009 1 | 11123/2015 DATE OF PUBLICATION , 1 1\-1 1 FRONTF~DE ' ~ ~ | | | | PERROSATA 1 · · · ·· ···1 1 1.. . r. .. I 1 DD 11/23/15 VARIANCE REQUEST ------ 1 / DD 10/26/15 SARC FINAL REV lSS S' . i.3 1, I 1 - 1 6 st) 7/29/15 -DAMENDMENT 1 2 11 lili '1 11, 1 / SO 7/2/15 SARC SCHEMATIC REV 1:. I ' 1 19- 1 \ POOL / SD 5/7/15 SARC SCHEMATIC 1 8 _~ _ ~~4- --4-4----4 ---4.44-2-----4-An, I 111 1 ALLO~DINSETBACKPER / - "~""-. ; i| 1,142----Iii 1 | 26.57502OE 5 m / PROJECT NO: 1508 , 8 1 1 / DRAWN BY: BAH/RJL 9 1 - IIi / 0-P-k--7--IM I .11 1 431 ' 9 .' I 1 ' 1 ZONE DISTRICT RR #La,ID 1 evill I PARCEL ID #273511209042 1 4- - 1 1.0 -- 1 It 03 1 / LEGAL DESCRIPTION 0 r fF·21 1 1 ..0 -- 1 / Subdivision: r 4 89' - 0 -*ELL r .-2 'FLO. FF , T.0 FF I // MARION CREEK CLUB / - 7~=1111 1 L L i -L J_] / / LOT: 42 FREE MARKET 1 1 / f//f - - NT 0 715 West Main Street, Suite 204 \ I f 1 r 00 0, 1 1 -- -/ .. i · ··· Tuttle Surveying Services 1 1 1 1 Architectural Engineering Consultants 1 Avon, CO 81621 STRUCTURAL 1 1 O · LU Z ut P:970-927-4363 €1 J -1 CONTRACTOR 1. - B \ I / DD 10/29/15 SARC CLARIFICATION I , COPYRIGHT FORUM PHI, LLC BUILDTNG'/N~ROPE 4 , ® , SHEET TITLE - 2 --- It 1 --- ..1 1 1 82· - 0- / 1- - -Vfli.-FF F./Fr / 1 k - 1 / 0, / - 5 00 ' 1 1 2 39 0 PATIO W, / 1 1 - - _ ~0 / A 1 FIRE PIT / PA130 A.001 N SITE PLAN 1" = 10' 7-1-3 1 5 10' 207 SITE PLAN --8115- -8110. __--8100 - ---8105-- ---------- = ------ --------8115 ------------ PROPERTY LINE PFISTER DRIVE ·--<-- -- -- -~~ILDING & DEVELOPMENT ENVELOPE 81·12 --8110 »:b-0019-----r 0509 , \ _ _ _ _~_ _ =-DEVELOPMENT ENVELOPd FORUM \ ::F-,0... \.1 \ 3 2 w j 1 PROPERTY LINE \ 1 __--- *-Tr---*-----3-------*--.----.1.- ------------ CO 5 -1%%14 PHI 4115'-101/4 T.O. WALL = W T - m 1 5 7 T.O. STREET AeovE DmvEWAY 9 % 1 - F $ 6 08(M DRMWAY \ 6 715 West Main Street, Suite 204 , Aspen, Colorado 81611 1 1\\ \ \ \ P· 970.279.4157 F. 866.770.5585 I /\ I / 1 L _1._._ -_ -PEZE! PLNWNLENVELOPE l / ------- \ -- f -1- j-\ j 6 1 r.0. WALL = Il ' I . t WATER \ \ 4 1 \ GRACE = 8,0/ | , FEATURE \ 631 PFISTER DR 1 \ ------L <1 i \ LOT 42 MAROON CREEK CLUB, \ \ ASPEN, CO 81611 BUILDIN9 ENVELOPE ~ ~~, - - - - - - - -~~--~ - - - --- 78~·51/ -#ji ./ 1 -#. .-t:*5 11 1 60 I ·.:l..:5-d 8 *·· i:.....#. OP g /-9-yl -1. .:. k ~;:'~ ;i ~ I I i .2 8 :: 1 66 8- i-il·~f.. . 1 1 m 11 ~| DRIVEWAY ACCESSED FROM PFISTER DRIVE. GRADE : SURVEYOR 1 REA. 0 2 1 727 Blake Avenue CHANGE OF 19-10' 1/ 1 D OPMENTENVELOPE j ~ = I Glenwood Springs, CO 81601 1 1 1 PROPERTY LINE ~ ~ IS 30' SETBACK FROM 1 1 :; 1 P: 970-928-9708 i 30-0 51·.9,m PATIO jeff@tls-us.com It / 1 FRONT ENTRY DOOR RECESSED 1 CIVIL ON STREET FACING FACADE - T¥-EFF- 1 · 1 PO Box 9554 1 PROJECT 100.0· = 8101'4 - r P: 970-384-9052 I .-: 2 | richardg@deng.biz 11 1 ~ MECHANICAL 1 f ~ ~~ ]~ · - ' I ' ~ ~ Architectural Engineering Consultants ,·Lioo·-o· 40801 US Hwy 6 & 24, Ste 214 1 2%1 N.O. FF 1 -T- I T.--.1....-5-r·,4----TTE;Fl-TI . P: 970-748-8520 1. stan@lee-vail.corn 1 1 w, O LOT 42 , ·I · ~~.~:. . ~ ~..9 -=.....2...... *4.-1.-1--9~;~':·~;:··~ >' w MAROON CREEK CLUB 1 - . LOT SIZE: 2.788 AC - 121.445.3 SQAURE FEET - l - -- '· · Z ; ~ | ZONE DISTRICT RR 1 - 1.1 ... . 1 . 4 1 1 5 1 CONTRACTOR 1 1 - 1 Bob Bowden Development 8101 Q 625 E Main St 1 1 - 1 1 1 1 - · 1 - I hmarsh@bobbowden.corn 1., 1 1 / 1 1 t PERROS.1 7 1 ... 1. 1 i i CONSULTANTS Tuttle Surveying Services 1 Roaring Fork Engineering 1 ..1 Aspen, CO 81612 t 4 -· Avon, CO 81621 u STRUCTURAL · > Albright & Associates, Inc. '' f . Lc,1 Z w 402 Park Ave. Unit E F Basalt, CO 81621 1 - · 51 z w P. 970-9274363 2 1 jack@albright-associates.corn O --- 111 1 Aspen, CO 81611 970-379-4009 LU | 11/23/201 S DATEOF PUBLICATION 1-1 1 2 1 1. 1 1 I ! l·. I DD 11/23/15 VARIANCE REQUEST 1.. . . . 11 /' DD 10/29/15 SARC CLARIFICATION \ i 2 i i e ..i/ 1 / DD 10/26/15 SARC FINALREV 1, - 1 7/29/15 PDAMENDMENT 41 / 1 1\ / SD I 7/2/15 ISARC SCHEMATIC REV O --:1~ !· I 1 1.--41 i \ SES POOL / SD 5/7/15 SAFC SCHEMATIC 00 4, 2 1 / - \ 1 11 %OWEDINSETBACKPER I 1 26.572~0„m / PROJECT NO: 1508 3 -- 11 U-11 1 )4/ -- / DRAWN BY: BAH/RJL / COPYRIGHT FORUM PHI, LLC 11 / i 1 ZONE DISTRICT RR .La,/ 1 RECEIVED - Subdvson I PARCEL ID # 273511209042 1 1 U --1- 1 1 1 I LEGAL DESCRIPTION # ) 1'/.0. Fl ~.oFF,-1 / MAROON CREEK CLUB -87'-6- 1 1 7 L 1 - 1 / LOT: 42 FREE MARKET NOV 3 0 2015 -L.--1 ~ L~d-_L_.L ~ | | ~ 1 1 5 o L l-1 / (O 1 / ~ BUILDING ENVELOPE ~~~~ \ I ... ® , SHEET TITLE 1 1 70- --- / CITY OF ASPEN 1 1 8 7....FF / 482·-0· ~ 1 I. 5 2 , PATIO W/ - 1 / 1 C*,PJNITY DMLOPMEN1 Ul 1 1- 1 A.001 1 -----1 1 & PAID FIRE PIT / N SITE PLAN 1" = 10' 5 1 ' 4'* SITE PLAN PROPERTY LINE --8115 -8110. -----8115 ------------- PFISTER DRIVE --~ - BUILDING & DEVELOPMENT ENVE ----8115---------- 87, 715 West Main Street, Suite 204 Aspen, Colorado 81611 0 I ./. P· 970.279.4157 F 866.770.5585 1 .-- i. 1 1 631 PFISTER DR - 0 T -- , LOT 42 MAROON CREEK CLUB, - --1 == 4 ASPEN, CO 81611 - 1 1 =.1 ·· i · .t'.9:'-i. € 4-~16 4:.. ..~... I-tsgiatala I ~~~~~L..~~:fijA~'...... 1 FRONT FACADE ~ PER RDS.1 1 / r, : '- 5 ~ - - - 1 - - UPPER LEVEL- i- -·44,4.·*~.i 1 1 ---------'-*,O- HE:...IFT:EA. k T.[5»771·,5// 1 I HEIGHT DIFFERENCE FROM 1: 1 1 -2.--. 0 -- -r-- . =En: ·. 1 r FROM PFISTER OR TO--~~~g , PFISTER DR TO ENTRY OF -~ 3 1 ~ ) /' DEVELOPMENT ENVELOPE - , PROPOSED RESIDENCE v :. 1 F.Dll 1 -»c-· ~ ... I ' CONSULTANTS 1 -·.IMIT/:- I M8011.[yEL 1 ......1001/"=8101... 1 SURVEYOR 1 1 FRONT ENTRY DOOR RECESSED 727 Blake Avenue A. 14.: Tuttle Surveying Services i- :I/~ 1 P· 970-928-9708 . ON STREET FACING FACADE I r-4-r'.Tru· I Glenwood Springs. CO 81601 jeff@tss-us.com *-I W --1 -4. 1 ' CIVIL LOWERLEVEL- T.O. FF 89'-0'- Roafing Fork Engineering 1 ; , PO Box 9554 i Aspen, CO 81612 P: 970-384-9052 1 | BASEMENT MECHANICAL EAE, 1 richardg@rfeng.biz TO. Sw 8-3 MECHANICAL Architectural Engineering Consultants 2 NORTH ELEVATION Wl.282&2ah!52&1&2M-!EE_--~ U U ~ 40801 US Hwy 6 & 24, Ste 214 Avon, CO 81621 1 4 8 16 P. 970-748-8520 stan@aec-vail.com 1 1 STRUCTURAL r 1 1 Albright & Associates, Inc. F 1 : --1 402 Park Ave., Unit E Basil CO 81621 | P. 970-927-4363 1 -- f - - - - - 1 CONTRACTOR - -~lit- - jack@albright-associates.com 1 1 -1 ------L---- ----- _____----1.------ Bob Bowden Development ----------------~ ~~ ~1 Aspen, CO81611 -9 ----------fil-Ji-2-9-----c~=~=~3~uuuu~~t-----------------r-9--------2[6 625 E Main St 970-379-4009 hmarsh@bobbowden.com 1 - I -1 119. 31 ------ ---- --------,1--- -1- ---------1- ---- 4222 -- -4---- -1-1- - --------- --- - ------aMLI- --,a.-----1-- , i I 11/23/201 5 DATE OF PUBLICATION 1 1 1 1 -~ ija- 11 ------------------1-=Gan-------- .PERLEVEL,. DD 11/23/15 VARIANCE REQUEST 10.,71'-6,0 1/ ''·L''BE&& I DD 110/29/15 SARC CLARIFICATION 1 DD 10/26/15 SARC FINAL REV 1 .1 . .1. 1 1 7/29/15 PD AMENDMENT ; N A -- SD 7/2/15 EARC SCHEMATIC REV RDS" | FRONT FACADE PER 1 - L-_L|_ r T----------1----------------- (----2--*-- . 2 --FMU S~»15-ThARC SCHEMATE FRONT ENtRY DOOR RECESSED ~ T.O. FA 10010- • 8101·-6~, PROJECT NO: 1508 | ON f T~EET FACING FICADE 1 f j-1 1 1 | ~ ~ rf-0 DRAWN BY: BAH/RJL | | 'JI 1 1 11 COPYRIGHT FORUM PHI, LLC ZONE DISTRICT RR PARCEL ID # 273511209042 y.0. FF 89·-0 1 1 1 1 1 1 1 1 11 i LEGAL DESCRIPTION MAROON CREEK CLUB Subdivision: BASEMENT ME LOT: 42 FREE MARKET SHEETTITLE A.002 I I ELEVATION 1 4 8 16 IMPROVEMENT SURVEY PLA1 Lot 42, Mocroon Creek Club as shown on the Final Sub division Plat & P.U.D. for Maroon Creek Club Recorded Novernber 15, 1993 in Plat Book 33 ott Page 4, County of Pitkin, State of Colorado THE LAND REFERRED TO IN IHIS STEWART 177LE GUARANTY COMPANY. COMWITWENT DAYED NOVEMBER 21, 2014 E LOCATED N THE COUNTY OF PITKIN. STATE OF COLORADO, AND E MORE PARNCULARLY DESCRIBED AS FOLLOHS· ---__ D~ 7krs, 17.0. O.8090.07 64 Lot 42 Waroon Creek Oub, ca shown on the Final Plat and POD for Mcoreen ; 1 - -I.*ef 2-- - ./ I of Plith, State of Colorado Creek aub recorded Novembir 14 1993 k, Plat Book 33 at Page 4. County THIS PROPERTY E SUS.ECT TO THE FOLLOWNG EXCEPTIONS PER SAD 71LE COMMUMENT NO. Flle Na: 01330-51709 ' 'l j i lil.lli 1,111/ l'iilfi 217;EN€*0459gaEFEEE:Eie'° ti,+C l1 'fi 'll li/(,/itti' '27 ,$ m*p°Zt58*%,A~~~tha~~1~01 Po~ ~44~0~"A~tr~"4~11:6372 =076 4 1 Ot P # 1 \ * EUM = 811478' 11,~&*#17*rvisions and mo=nents of Moiter Dedoratlon of Protactjw Covanonts for Instrumant recordad December 2, 1993 h Book 733 ot Page 598 0. Reception - O XE -- il 1 1994 h Book 750 ot Poge 242 08 Receptfon No. 369936, and Fht Amendnent to Woster Dick,rotion of recorded kne 4 1994 b Book 752 01 Poge 754 as Reception Na 370864 and Amended and Re,tate¢ ThW Na 367049 and Second Amendment to Alauter Ded,rotion of Protectove Covewgits for Moroon Creek Club Na 364074 and Asulgnment and Des*qtion of Successor Decien,nt ~br Moroon Cmek aub recorded Uoy 11, Protact/ve Co-mts #br Waroon Craek Club recorded Februory 17. 1994 h Book 742 at Page 83 08 R,copt/on Amen€*nant to Moster Dec#€ration of Protective Covenonts for Waroon Cleek (Xub reco,ded *ly 26. 1984 0 Book ' ~ // Go# Course'Easement Area.4~ 756 ot Page 597 as Raception Na 372475 and Fourth Amen*nent to Waiter Dec#crution of Protect* Covenants Ax Wcroon Creek Club record,d Saptarn,b, 12, 1996 08 Reception No. 396947. ~ ~- 2*4: #\ , ~,, i 41 1,£:P W A~&1·)* k ==/21,=C5%=7=%U,====;2 n:9%1=tg,2..=.~ 11-43'CY< 1\\\ .1,04\\\\%\\\\\9%...\4 1 - // *EE.1 293?:EEE:k,os Reception No. 368436. and /1 /l'l.ij jj ji l 41 11 1*m,a. condmong ob#gotions and provisiona of &,bdiviton #mprovement Agreament & Moroon Cm,k aub and Amen*nant ricorded March 10, 2000 08 Riception No. 441279. \ A ti of way os *hown end contained on Pmt of 4 ca Reception No. 363275 and 1 - / 1\\\ /5- 9 /«59/1364<Et mme of And SaDdA**7 Abt c»,d ,%17 /br Maroon 0- 0%0 mcar-d Fab,;~~ 17 1094 b Boot 74,2 at Ass*7 f ~ ~ _ 8/ / 4 r,cor,led Fabru 17, 1994 h Book 742 at age 121 as Receptron Na. 3670* ~ 7 Page 117 93 Reclption Na 367059. and As»~wn,ent of And SubcIMsion Act end for Woroon Creek aub \ \L . 14. Terms. cond lons, obligations ond provisions of Rasolution of the Board of County Commissioners of PitkIn \ 7 \3 44¥\ 7 \, Count Co/orodo ganth ,97,0 val for Akroon Creek Oub Preview* Pflater Ranch Go~ Res©Lution Na 93-1 cs set Arth in stwnen recorolad August 13, 1993 0 Nook 721 ot Page 245 os eception No. 36000% 41~ ~1 ,1, ~ < Al ~ : ~ ~ < R ~ 4~~ ~ 1 ~ ~ ~~ 14 --- /f '17, luum 0, m. 00-i of County Ctmmi"le'nof Plah CNI,mt Ck,/~,R~uttb~~~#~-jgl;~g~(0 C / \ '' A i '• 1 --- I. to O De ent Permit to ous Maroon Creak Ch,b L*nited Uab#R U A- 2 4 i ~9\39(- LrII _ May $ ~b Book 779 at Pog. 849 0, Rec,~flm No. 380961,1~* of the Board of County lili. 1 Comnniasion- of Pitkh Counfy. Cotoredo Grant g Approve# of the Marion Crook Club d Review. 1041 Tank end Pum Shtion. Reschition Na 96-95 record«# Nne 1 10~ Jn Book 782 ot'~ 453 Gs Reception Na If, Hazard Revlow GUGS Exempton, and Sub*#sion Exmnption *r th~ Akroon Chmek aub Pine Wat,r 2:788 \\ lit 381834, and ~solution of the PltRD, County 80€,d of County Commissioners De#nb the Method of Floor Amo -MI. 1 recorded August 221 1995 In Book 791 01 =.r 9561:MATi~~m22Roads Gs .t •rth • #n,trumant t Cdculation for thi Marvon Creak Devetopment and Amend#ng Resolution No. 93--104~ Res*tion No, 95-128 Ell< 1 1 1 1 15· Tims. condmong ob#*tions and 16. Gront of E-ment Aore•ment (A¥/9ation £~~~"'0~p and het-„ Pearo. Equities gro. 11 Lbited Uobility recor#ad Nommb,r 12, 19 b Book ~ at Page 682 as Recept*n Na 3632*a pau~VIU'%:2:23·~'2~'~ ty Cotoroda. cs set forth in astrument recorded November 14 1993 0 Book 730 at Pag• 797 - Reclption No. 363~ Assignment and A-um lion of Te,ms, condmona, ob/gations, ant oe set forth A hitrument recorded Ass;Mment Ind Al„umptlon Agreement r,corded Jitiory 7, 1994 b Book 737 at Page 899 os Ree®~n No. Metar Loose Agrelment recorded November 14 1993 In Book 730 at Page 865 as Reception No. 36 and 365444 and An-ded A-ignmant and A,eurnption A,·-nont record,d April 11, 1994 n Rock 747 at Page 191 \ '10 - . I ' I ' 1 1 \ 1& Ordhonce No. 34 (Seri# of 1996). An Ord#nance of the City Counct of the City of Aspen, Cotorodo ApproWng the I '1 ' ' 1'~,:t:N·p Raice' # ezY*i'dqgq* ,€/ 14 l as Ree*tion No. 368825 en# Fht Amentnant recorel,d October !7, 1997 as Reception No. 409559. \ \,3- -12 1 -74 24.r.1 fillti Annemtion of Certain Tanttory to the Chy of A®an. Colorodo to be known and dasignoted 08 -Woroon Creek t \ C~ 2 r- lE 44 '8*.1 1 11 / / / /'. /v.·,·· :,/ - 9' 3'··./6*-LU#~ 6 r '· ,~~ ~ ,{43~ 1,fa Club Subdivision (South) Proparty" Anne,egtion Ga set forth h habvment recorded February 21, 1997 cs , r I / 24\ /.. 0 , 4 ./ / Oa..0 dosignat•d os the microon Creek Club &,bdi,Won (North) Pr*erty- Anneration recerded February 21, 1997 as Reception No. 401985; Ordhance Na 33 (S-1,3 of 10961 An Ordhancs of the C/ty Counc# of ihe Cfty of Colorgdo, Appro*g the Annatation of Cwtah Territory fo the City of Aspen. Colorudg to be knom, and r , , 8111 . · Reception Na 401986; Or®lonce No. 40 (Sdes of 1996) An Ord¥,ance of tho A,pen aty Counc# Gnm h o ' - far'r., 44 · Re•zon /br the Maroon 000* Sk,DaywbAM * Cbn»ncta 1,/064 Aniarat/bn #,to th 1997 as Recept'on No, 403224, ond re-r,corded May 14 1997 M Receptfon No* 404~8 ond Ord'nang Na 16 *g I at of Aspan .JJ April 4 (S- of 1997) recorded 49 24 1997 . R,0,~0„ No. 405614 19. Condittons ind rastrictions os 9et fc,th on Aboon Creak club Annexgtion #ats recor-ded Febru~r; 6, 1997 0 Plot Sook 41 at Page 76 0 Reception No. 401571. and Dn Piat Book 47 ot Pqge os Reception No. 572. ~ ~_04 ' ~1 f - T .: 17 .... t 1 . ···· .~q_ , Lot\ 4 1 ' . 20· Tims. con4!Nor,$ 01,Il~tions. pro*ion· ond eaa,nents of Rood Eomement Agreement 08 -1 -h h Inatrument -T·1 7 1.-2 a i.14/ recorded Novemb, 14 199 in Book 730 at Pooe 938 0, Reception No. 363262 Road Mcint-ence Agreement recor«d Novemb< 12. 1993 k, Book 730 at Page 774 as Racep lon No. 3632555; and Amalgnment of Road - Nov-nber 12, 1993 h Book 730 at Page 739 M Receftion No. 363249; Acces, Easement Agreement Ur4,227T; f 31*~ flpigpi~'~ 'il. 9-f'41·.IA:.,1 4'1: elid u, i IIi'.J-,-' *e}*:7~Kr:;:Z,2,24017==LZ,&,247;.°';%1~tZ:Y°5.2 jl%,g freption No. 396644 ~d 7*;~'A~~t as set forth h *stfument recorded My 11, 1994 in Book 7:55 at Page 55 08 Reception N>. 371946. 21 Restrictions and R-ervatfons containid b War,unty Deed recorded A,re 20, 1994 in Book 753 at Page 757. 24 Notte of Approvi recorded February 29,2072 0, Recept#on No. 587075 Legend and Notes: ~ *;~t ng-ng Waroon Creek CAMb Roods - Common Ar- recorded September 22 1999 08 Recept#on 1 1-JU¢U- i ' - a INDICATES SET e REBAR WITH RED PLASUC CAP LS 36638 - • NDICAES FOUND MONUWENT AS DESCRBED 26. Ordnance recorded Octobv 23, 2014 03 Reception No. 614783. 1 1.39 - BEARINGS ARE BASED UPON A 4 REBAR WTH A RED PLASTIC CAP LS.#0133 K)UND AT lHE 27. Any Leases and Tenanclea SOUTHERLY CORNER OF LOT 39 AND A .5 REBAR MITH A YELLOW PLASTIC CAP La #0151 FOUND . 1 1 , AT A WESTERLY ANGLE POINT OF LOT 40 USING A BEARING Of N37'3159 W BETEEN THE TWO 1€16, *2*7)< rp c DESCRIBED MONUMENTS. - THS SURVEY DOES NOT REPRESENT A 777LE SEARCH BY THIS SURVEYOR TO DE7ERMINE OWNERSHIP OR m DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO St«MEI.GEEZE2221 0 OWNERSH/P, EASEMENTS OF? OTHER ENCt.fl,eaANCES OF RECORD HAS BEEN TAKEN FROM STEWART 1771£ GUARANTY COMPANY. DATED NOVEMBER 21 2014 AS FILE NO.: 01330-51709 .EFFREY ALLEN TUTILE, BEING A PROFESSIONAL LAND SURVEER IN THE STATE OF COLORADO, r -T i /54&.4/5..<440* . / - THIS PROPERTY IS SUBJECT TO APPARENT EASEMENTS FOR EXISnNG UTIUTIES, TRAILS AND DITCHES. DO HEREBY CanFY 7HAT THIS NPRO,EMENT SURVEY WAS PREPARED FROM AN ACWAL ,.0§ 44#ta - MS PROPERTY S SUB,ECT TO AN AVIGATION EASEMENT RECORDED IN BOOK 730 AT PAGE 690. MONUMENTED LAND SUREY OF lHE PROPERTY CORNER MONUMENm 801}1 FOUND AND SET, - ACCORDING TO THE ABOVE-MENDONED ANAL PLAT (PLAT BOOK 33 AT PAGE 4) RIGHTS ARE UNDER MY DIRECT SUPERVISION AND CHECIGNG; THAT a IS CORRECT TO THE BEST Of MY ~-·04« *Dt·£1444( - RESERVED FOR PERMANENT AND PERPOUAL NON-EXCLUSIE EASEMENm AND NIGHTS 1¤ RELOCATE BELIEF AND KNO¥UDGE AND THAT ALL DIMENSIONS, BOTH UNEAR AND ANGULAR CRE 714£ SAME UNDER, OVER AND ACROSS THIS PROPERTY N™ THE EXCEPTION OF' RE BUILDING ENMELOPE. DETERMINED BY AN ACCURATE CONTROL SURVEY IN THE RELD -CH BALANCED AND CLOSED 1 1 -s ),A-con C.-a - THIS PROPERTY E SUB,ECT TO RESERVAnONS, RE>711(770NS, COMENANTS AND EASEMENTS OF RECORD WITHIN A UMT OF 1 IN 15,000 0•·ICH COMPUES WITH COLORADO PROFESSIONAL STANDARDS .,/.9 - BUILDING ENEOPE 5 AS 9·10*N ON THE ABO'VE- MENTIONED ANAL PLAT. (ENEOPES ARE NOT 11TLE SURVEYS>: 1 FURTHER CERTIFY IHAT THE IMPRO,EVENTS ON THE ABOVE OESCRBED GRAPHIC SCALE OR IN PLACE OR AS SHOWN ON THE ABOVE MENTIONED PLAT. '1 7 - 935110* Ruwd ~ f f 461-A-~ FOR A LAND SUREY PLAT AND THE CURRENT ACCURACY SlANDARDS FOR ALTA/ACSW LAND \1 1.ea~ 1 \3 IN 1 1 f 4 J ' DIAIN~ONED ON SAID ANAL PLAT) PARCEL ON THIS PATE. DECEMBER 19. 2014 EXCEPT UnUTY CONNECRONI ARE ENTIRELY - DUE TO SNOW COVER AT IHE NE OF 7}*S SURVEY SOME IMPRO~MEN15 AND IDPOGRAPH#CAL FEATUR MTHIN RE BOUNOARES OF 7HE PARCEL EXCEPT AS SHOWN AND THAT THERE E NO C = 1=) MAY NOT BE SHOWN. APPARENT EVIDENEPWASON OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SND 1 Inch - 80 ft PARCEL Ex~PAS'Amih er,11,4.17(~ *.*A 'ful,/ A -IR / 1- S'PE-' 1 V:10*- 064/14 DATE Noal. TUTTLE SURVEYING SERVICES -ee TBD Pfister 0-: 12/19/2014 Drown by: DMC ... 1•bw #0 Ce,~D-*de 24,4 yot, -4- co~•m,-:I 40* *. 6-4 te-; cm de.ot - 727 Blake Avenue Glenwood Springs, Cdorcdo 8160? IMPROVEMENT SURVEY PLAT r.=t=1=24-r' .~I~ Z: \2014\MAROON Ae - 6, eomm-r,d m,r. ada /,7. y·-9 (970) 928-9708 (FAX 947-9007) Aspen Colorado. 81611 CREEKCLUB\ A-0.• 44• *te ~ £4• ceteciahon ,Ae,69; EmaU- ie#01,8-u:.com TUTTLE SURVEYING SERVICES LOT42\42/SP *# .DWG "ru'.1.- We believe that this request meets the variance requirement (a) as it provides an appropriate design or pattern of development. This is based on the existing standard for applicability, 26.410.010.B.4 below. 26.410.010.B Applicability 4. Parcels with no street frontage and parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt from the following requirements: Subsection 26.410.040.A.1, Building orientation, and Subsection 26.410.040.D, Building elements, in its entirety. Specifically looking at the language, parcels with front yard setbacks at least ten (10) feet vertical above street grade shall be exempt. The intent of this language seems to indicate that parcels with a vertical disassociation from the street of approximately one (1) story, or 10 or more feet, should be considered as having no street frontage. This parcel's setback is 12-14 feet be/ow the street which we believe, and the forth coming code revision would seem to reinforce, that this parcel should be considered as having no street frontage as would be described in the exemption above. As a result of falling within the intent of an existing exemption, we believe this is consistent not only with the surrounding lots on this street, which all have the same issue, but also with the general context of Aspen as it is in keeping with the intent of the design pattern set forth in this code. We hope that you find that the exemption 26.410.010.B.4 should also be applied to lots with front yard setbacks at least ten (10) feet vertical below street grade, and to be consistent with the intent exemption as it is applied to those lots above street grade. Attached: Diagrams showing these conditions are on sheets A.001 and A.002 2-1 631 Pfister Dr 631 Pfister Dr » Aspen, CO 81611 Vicinity Map -..3 - ..26 , %99,4 , .1 . 1, .. 4, „ :i M .0,1 9.1 . J:,1-111- /1 r ,- .1 44. 4 9:,1.··~/6F·.!•„' ff . 1 1 94 A., 0 · *2... te, 6- 1 , 1. '1 SO . 8 3 j. ed .... I . 4. ' :41/ C· t 4 E t. 1*J . " 4, 8% 04?4 '' 47 .. 2/ - % A. . '43.. 44,- - t i eu .,fr: 44 - .4 0 t, . 0#,1 1 4 1 3 j.'A 4« 11 . 5% , im-,9 7944 M · ~4% h h · Of 7 f e V. 42..... }1,4, 1 .'I : I 1 4 ek'.· 0 457\~»; 4 -01: -- 1 02 Eut:a= 'f~·3* % O. 1 f & ; ft ..,7 a X.,1 424 4% . . '24.Of .C€. '' 6 0 , 4 1 %, ··-· t 1 . 4/4 ;l ·, I' BecoILCREEK RD - ... .9 :12; an 1 4 -. . M 1.- = ....: =11=.1. ~It , il - 1. 1 11 300: 4 6.4.- h .: I 4 06 1 # I. ... 11 i :- --·#..'-I„ '1 '.4 2 £ r anligs 4 $ 9 - 3247 4 '6'· 7-'·~A 11 4 ht ID 2 ·· i T 1.le : i 47 . ~~ h 0, . 3 1 . :e 1 - it N· 4 ,- : 5. 1- I r 1 1 9 - . 28 #,4.4. 1 11 :r = 4 1. - I .4 . . :i N , .R 40, 1 # f · E N - I V.41.•. 14 . - *Al, 7, rer 1, 1 7 - -- BA» Jg rl 17- J SINGLE FAMILY BUILDING AND DEVELOPMENT ENVELOPE . r.....--- NE \ 1 1 1 1 \\ / /i \ ---- 1 1 7/ . 1 ' t. 1 ·1 0 ' - 0.6.~1~ ' &' \ / 1 (22, ,/0 \ 5841 '4,E vs :: . : <w - It / 1 1 / ,. N 47 . --k - - 0, 1--6 1 \ 1 «4 \ 4((429-j ((.2-,Ir~), / / (99% 1.4 / A. A. ~ ' 811 IN b ./ 11 1 \ F..1 1 01 \* 1 br»14*4242 4 \ . .1 I h¢h %. 1 1 1 ./ ,-7-2- 1,1 1 1 1 0,~ K1 < -------1ifl\, ~ -\~3*LiAL.(Zli--1 1 9-3 118-2-1-, 6 1,401 11 1 , \ . 4 h 0 / i 1 \ ... 1 1 1 1 '1 1 1,1 1 1/7,>\\ r ...0---, 1 i 1 1 .1, 1 ,/ , 1 11 - 3 \ \ \\ lot, 1 111 0 \<7 13-72 f , 2, K zz, 0 3 2 1,4,\ 1 1, 1,1 1 1 '/% 1 \0\ 1 i 1 1 'f, 1 '" , 1\\ fli US-*----~ , 1 -7 1 .CE-/\ 1 \ 1 1 / r ; 1 1 1 /4 // » /4/ / I {44 \\ 1--1 7 5 ./ i .- , f \ i-(5%1 1 1 \ 1 / 4 A--1 L f '--# 1 I \ --1 1 1 I.. [/41 311 1,9.4 i /1 ------1 i <'84/1 ( K--,3, \ -/ /... i ~ \-4. _~f'ff\ KE ,/21 11 VE] c.-.--,3 /l/ / I 1 4 35»,Z>' f c~Adh 11 1 - , 1 4 1 11 ... i /1/ 1 1 V / '07' 7 1 1 ,/ 7 ,/1 - 1 L__ '' '' 1 \ \ 11 V 'A £ 4 (rs ..1 /0 ,../ hi -. I 1 '.0, fil 1\ : 1~ 1 D- / l l '4\ \ -J , . ' · ' I--' 1 ' 1 1 1 ..---1 i/,/ 632) 1 3 1 t L./ /- [3) k • 1.,J / i '.\011 !1 r\ 1 1 4 ..1 . LE, 1. C i : 11 '2. / .14/\I DEV · ," ID 2<qun . ~ j 2 1: 33 - TrrICAL CULDiNG ENVE_OFE / i l < ~ -Yel(:AL LOT LINE. 1 + -- j 1 / , , 0 6 -T-1<( ./:// /1 C. 1741>/\N\ / / j , '' A 1 , I 1 1 3 . r, , /1 / \\\V f , ' / / / '1\ , i ·1'i 1 1 , ; / .."--4 - \ ''. % --1.-1 L -. // 1 1 1 'He & 7 ;22&:E Alpine Surveys,Inc. Surnyed Re·,1®k.. Drolted FINAL PLAT OF -/ - 06~ Office 80* 1730 ;•spen, O,~orndo 816ll = MAROON CREEK CLUB 1<1. 11 303 925 2688 SHEET iVOP ; P SUBDIVISION & RU.D. CD -.U' , 1 ~= ® tfi N UNNI/' 127 fy' DNS, 49, 8.73 cp ~ 59\%, U U F Wrf„ 90/k rlock' /1 COMMON & AN f m U. , 1 -0 m.7 : + 3\1 X.* 101.04'1500·E : :<1 9.4-ts le. 9.270' -N >CO,7 ACKED GOLF COURSE (~ GOLF COURSE (B.) 55451 06 A C 0.044 Aan M.9 90 . q 5431- 2 "72 4, i 4 13 ' t ·4/ .4 * 1 *P %4 2 02 ACKEb J · - .f>- 40.8/2 44 4% ' 1 *,1 (4·btbi'2395'~e. .551/.' %& #4 I ...W ..... O 4%~8~~1372,~~322~13<3-~~~~'2 10·31./ % ,/ 44: £409 CH.·315'96'i€£ // 1 YA .p·j,.1291, R.5,1 £ NU f) 0 \U· 1,4~' /: CH-504.2 3215'i ----- 1.24.., 9-- iy 644.55·37»·a i,J Al? 4/4 2-02 f /,f l' AT r!'21'lu'23'F #70 .1--4~ . • 41 2 + + .-41*2.'I , /94) 9 3 tP /1 H + ¢. 49 14, rn 201'. F.• 124· / 9 544. + 9 1 b. ./ 2 215 'pro A -3*1 :1 65/ 1 1 9 '·Ily'l·I.,1'/, 40 Z•,05''314 /121'-' 1 XEb· / 141"*~-~E-- Nt: P/,45-3; .,# 11 ./'./07'072/'w / : i -240/ I. Q.02'57. I. 1,/'' , 1 L.<-- /4. C A .,4. 37* 1,/ P \%\ 7, 34 ¢tar / 7 4 4 \ l . ; /8- ~ 1 k 1 4 Al 80*4Ny, BY *f j \*1 Hi, 77. 42/ /*P 1 I. 1.2 . 8 . 6. 4:9/<i-./ #ttp)'4•1 \lr ' N rn 2/ 5% 3 4 9 \1 3 044 kno LP. \ . 6/ CPr ........ ble -r .-4 0,0 1 V-/P. 904 / 1 f t LU«=-2 9 ,Ay/-/4 9 ..\gl 5 441 , rn ~ -1 £ i 21 ..9 4. /.-6,4 39 10 liu - 4 , e ¢L ie COMMON (J) s id 4 4/2 5.849 %3*5 - + . -fle ~ 49 2,725 n.,tu, '~./~ #0 ' ~ 0 1 8 m 92 9 4 W -LA '11 .· IC·~40'50' 4. to',40*'' 2· 230~ ~ ~ -#*.w' 1 'CP.=4'14'22% ,-2<to, \ 10 1 ' Ad€___ .cd *maa»*99 291-34 ] K. 170' 2 ow•oci'04,4~'w 1 r- 440·30 > COMMON P <-A·zib'19 1 Ir·.'I.·.·,ti'a . 30334 51." 1 ,3,00 ~ p Nol'.31'44'7/ SHEET INDEX g .M , l:>·24'2203' •·,p /- N Ik .16 \2 lt:;4~ j LLE,1./02 /1 ;p, A (,91 1 1% 2 :7 4- 0%9:_J . Un 1 UD no €15 €11. LA<ip- 2 2-9 -9 *4 I. 8'1 9 cy'. . / 36 0 > ./All, \9 N w° ~-OUT laill<1£L .* 2 :\21 3/ % 4 a ·-* 6 -8·# 2 1 2 99~MON.4 1-4444<bi :\ ,?93·TI-, Ar . 5, .Gfle."..74:f V. 0 :61 i 39'.7 8 ~ f'Vek.~1 5. 840 ACRES (TOTAL) 1,LO 00 % : K,).. .144:>,66+~~,LA r 0. 46 38 3 wo.2.10 4,60? 41" p "5 451'ONA 1,6 g, 66 4 1. t / e »e V t/. 4 k .' h) N 7 0 12 k ·1 1*:.' e.\ o E 6 1 1 5, ·~~ re·.,0£ j ff« (17 = *~.6, %*Aft:01> 44.-15.. .911[133\ -4491.¥pgs f·i ff =0'09 4 3614#CT#743292**3~ # B © LEGEND 1# 4. f 1 ~42»x @. / \ %~-- 12+» 0 " - W. 07 ng. 42 I : C.K-,«...1. In!61.-r//EVI' INT ./ 1TS To' t. W '65 15.4 1 1' ,)91 3 Ar,0/OA ' 1) RIC·0:4FK:dit i ·· · •F-•' -'· - 5, 511·GLE FAI.'ill//·NE} MULIi,FAM,Lf L IT • •-··~ -h .1/4........19 ...... F.......5 .v·., *.I- I 1.-.- 1 A V f j 42 ¢ 443->EN' (iF \F I (117\ 1 % 6* E] R @6)1 1 .350 reD -M 4 wer =.00 I M y«'.49 A i . '·-i Unt wille' Nr.W killi...Mil' 1,3. Wl. D - ·-i . ·· -·' -'Cf'MEN- 92/5 TOrgEATE /1411'EAM«UNit 4x \ \ - »41 29* 1 I ;22 #Al{CE Alpine Surveys, Inc. Iun,eml Re,$.c·ns I. DraIN FiNAL PLAT OF Pogt 0,!lce Ekn~ 1730 .ren, Ce'gra<10 516311 303 925 2988 MAROON CREEK CLUB , SUBDIVISiON & P. U.D. SHEET 7of 1 695 '02 ial- - -- 025 31 M H.LOW 21,65,10/coe AMENDED FINAL PLAT OF Lot 42, Maroon Creek (Hub as shown on the Final Subdivision Plat & P.U.D. for Maroon Creek Club Recorded No'vernber 15, 1993 in Plat Book 33 at Page 4, County of Pit/cin, State of Colorado The pu7·pose of this plat is to Amend the Development Envelope for Lot 42. GRAPHIC SCALE 12) Pre:Gus Re-Ad»sted ~ 255=L Devefopment LEGAL DESIMPNON Envelope area ( IN ,=r) 1 inch .. 30 n. ...../.../.../././///.... CAUSED A PORTION OF SAID REAL PROPERTY AFFECTED HEREBY m BE SURVEYED, LAID OUT 7/ ' LOT 42. MAROON CREEK CLUB AS SHOWN ON THE ANAL SUBDI'~SION PLAT & P.U.D. FOR RAT FANG ... MAROON CREEK CLUB RECORDED NOVEMBER 15, 1993 N PLAT BOOK 33 AT PAGE 4, SOLE OWNER IN FEE gMPLE OF ALL ™AT REAL PROPERTY BONG MORE PARTOULARLY ...555555.. COUNTY OF PITKIN, STATE OF COLORADO DESCR/BED AS FOLLOWS: I. ............... RECORDED IN PLAT BOOK 33 AT PAGE 4 CONTAINING 2.788 ACRES. MORE OR LESS. HAVE 10,717 Sq Ft 10,682 Sq Ft ~\ ././......................... SUBDIMSION & P.U.D.. aTY OF ASPEN. COUNTY OF PIWN, STAm OF COLORADO LOT 42, ACCORDING TO THE FINAL SUBDIVISION PLAT & P.U.D. OF MAROON CREEK CLUB I. ....................... AND PLATTED AS SHOWN ON THIS AMENDED ANAL PLAT OF LOT 42. MAROON CREEK CLUB 0.25 Ac. 0.25 /Ic. 2(~ IN WITNESS WHEREOF SA10 OMVER HAS CAUSED ITS NAME TO BE HEREUNTO SUBSCRIBED THIS Lot 43 ."r u , / /// ..........................:............................. 980'13 - DAY OF A.D. 2015. , /////////////./...... /././././......././././///////././///////././......././.0 ////// THIS AMENDED FINAL PLAT OF LOT 42. MAROON CREEK CLUB SUBDIVISION AND P.U.D. HAS BEEN BY: lav EZEK - 871* 76' . I .//.:I'll // / ././////// // .. ../././////////////////////./. ....... REGULAnONS AND BUILD,NG COOES. SUCH OTHER DEEOPWENT ORDERS OR APPUCASLE LAWS SHALL I .......././///////.....././.\... I'./......../..........././././././././/.../.............// ././ 2015. TO THE EXTENT lHAT ANY»•ING }N THIS PLAT G INCONSSTENT OR IN CONAJCT * /,///////....//////././...////.,6.....././//////////////////////.//'///'././././/////././/////./ REVIE¥ED AND APPROVED FOR COMPLIANCE NTH THE APPLICABLE PROVISIONS OF -THE CITY OF ASPEN FND.#5 Rebar & Cap. (RE: Ch• B.-.) S»- /00-„ ://////,///////////, /,L-// //'///AC'lk////,-/,//////////~///,///////,/////////,/////0,/,/,////// CON# ./.................././......../ /:,4.hr//......../////////./././////'//./././////////////./........ MB, ANY aTY OF ASPEN DEFLOP,#ENT ORDERS REt.AT»40 TO IHIS PROPERTY OR ANY OTHER PROVISIONS OF APPUCABLE LAW, INa.UDING BUT NOT UMITED TO OTHER APPLICABLE LAND USE PRWT NAWF LAND USE CODE BY lHE CITY OF ASPEN COMMUNMY DEVELOPMENT DIRECTOR THIS___DAY OF- BY: LS 320133 / . 81.1, 7171 F , GOV Course Easement Ana ,...//. 4...././////////// 2AlfL~~4 LiZZL,* 92 - » or, OF ASPEN COMMUNITY OE£.OPMENT DIRECTOR ...............:........2.LAvia.............................. CoUNIY nF aly ENNNER STATE OF' PLAT AND P.U.D. FOR MAROON CREEX CLUB RECORDED NOWEMEBER 14 1993 IN PLAT BOOK 13 AT ~> 1 1 \ / m./1////4/'4'/1//////A¢A.'46////1///// Lot 42 .//////'/////////../././/%1 ./././///' 4/ i THS A#*ENDED FNAL PLAT OF LOT 42 MAROON CREEK CLUB AS SHOMN ON THE FWAL SUBDIVISION The tregohg document m ochowledged before me this - /// R PAGE 4 WAS RWEIED FOR nIE DEP]CnoN OF THE EiGNEDNNG DEPARIVE]IT SURVEY f€QAREMENTS. day of 2015, 71*S - DAY. oF - OF 2015 1 99 1 WITNESS my hand and officid seol. By Manager of \ 1 1 4/ 2 CITY ENGtNEER \ rE I $ ..................'.............:....'..... 121,445.3 5'g n ELA.ZL*eemZE-GERZZGd,2- % 7 0 hs 2.788 Ac. .../....../../../.../// V....4 ............................................ IHIS AMENDED PLAT HAS BEEN APPROVED BY AIAROON CREEK CLUB MAS1ER ASSOCIANON, INC. N veNESS WiEREOF THUS nAY OF A.D. 2015. . 4 / BY· \ 777LE CS?77RCA 72· PRINT NAME· \ 9 11 COLORADO, OR AGENT AUTHORIZED BY A 7171£ INSURANCE COMPANY, DO HEREBY % i AN A 770%,Ey UaNSED m PRACRCE ZA 1, /N DE SWE- OF 717?F· Parcd # 273511209040',",54454,*., ,„#„,„„„x;,# ,*,,,*,.,.,*,,, ,,* ,8 2 lIENS Ne 84Cl»ABRANCES ONCLU"G MORTGAGES. DEEDS OF TRUST. ~DGIADITS. ..... ................................ STATE OF- ) . CERTIFY THAT 1 HAVE EXAMINED THE TlnE TO ALL LANDS SHOWN UPON THIS PLAT AND , THAT 11TLE TO SUCH LANDS E VESTED N 1 . :.... - Tr~L711\73 .r/>/ f. ~./ . r Centerline FREE AND CLEAR OF ALL 1 B. Pv¢ ni : 0£9 IN THIS PLAT), EXCEPT AS FOLLOWS ) SS. 3.' - ' of 3' wide Drain .'.......: Il......:................... I. I . I EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECING THE REAL PROPERTY /,p,/ 1 The fiyegoing document was ockno»ladged beAy, ma this - 1 Lot 42 Ditch Manhole :7///,///,10· , , doy of 2015, by r 4/%49746&a~fig;2*:ey **91 1%*AM-*C . N88'00'00"E 230.30' THOSE OF RECORD COUNTY OF ) N-00'00~ 440.30' '4> ,?44·fw/+/1 /1997274~.2» C„0, FND.B Rebor with Red Mastic Cap L WITNESS my hand and official sed LS 33638 1 1 1Ir 1 1 Lot 41 .5%~4/~4~.:~.~~'~f./.'74%%%~3£Lv.35/1:5„„2,v. DATED THIS - DAY OF- AD.. 2015. nTLE COMPANY: AGENT g"a and &&,akfi 7his Amended Final Plot of Lot 42, Maroon Creek Club as shown on the Flnal Subdivision Plat il,Ek~™liEnE]f;AlI and P.U.D. for Maroon Creek Club Recorded Novemeber 15,1993 in Plot Book 33 at Page 4 Legend ond Notes: is accepted for ning tr the Office of the Clerk and Recoirder of Pitkin County, f. JEFFREY ALLEN TUTTLE, DO HEREBY CERVY THAT I AM A PROFESS,ONAL LAND - a INDICATES SET #5 REBAR WITH RED PLASne CAP LS 36638 Colorado, this-day of 2014 Pmt Book - on Poge- A TRUE, CORRECT AND COMPLETE PLAT OF SURVEYOR UCENSED UNDER IHE LAWS Of THE STATE Of COLORADO, THAT 7}#S PLAT IS +44 )0 a * . O - • INDICATES FOUND MONUMENT AS DESCRIBED and Reception no THE AMENDED ANAL PLAT OF LOT 42 MAROON CREEK CLUB SUBDIVISION AND P.U.D. AS LAID OUT. t ./ e , 2 0* 1*h,..1#4299 76 4 4 - BEARINGS ARE BASED UPON A,5 REBAR WITH A RED PLASnC CAP L.S.#0133 FOUND AT THEE ~44 * PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATEE SOUTHERLY CORNER OF LOT 39 AND A /5 REBAR WTH A YELLOW PLASTE CAP La #20151 FOUND p. CONTROL SURVEY OF SAD PROPERT-,UNDER MY SUPERVISION IN THE FIELD WHICH BALANCED AND , :».2. AT A WESTERLY ANGLE POINT OF LOT 40 USING A BEARING OF N37·31'59~W BETWEEN THE TWO ' Clerk and Recorder CLOSED wTHIN A LIMIT oF- 1 1,4 15,000 (Mi,CH COMPUES WIM COLORADO PROFESSIONAL /9...1 / 5(WaGOVS OF /HE LO73~ E,SEMEVE AND SmET7& AS 77,E &4A,E AAE STAKED LPOV PE G?OUND 1, i '13 fie€#Stih~. DESCRIBED MONUMENm - THIS SURVEY DOES NOT REPRESENT A nTLE SEARCH BY THIS SURVEYOR TO DETERMINE O~IERSHIP STANDARDS FOR ALTA/ ACSM LAND nTLE SURVEYS) AND CORRECTLY SHOWS THE LOCATION AND OR TO DISCOVER EASEMENTS OR OTHER ENCUMeRANCES OF RECORD. NO 7171-E COMMITMENT WAS IN COMPUANCE NTH APPUCABLE REGULAMONS GOVERNING THE SUBDIVISION OF LAND. 0 ,. S 2, C n .7 .' 45 PROVIDED BY CLIENT. 1% Siti 1 4 2342 '2,· 4 tp - THIS PROPERTY IS SUBJECT TO APPARENT EASEMENTS FOR EXISTING UnUTIES, TRAILS AND OITCHES. - THIS PROPERTY IS SUBJECT TO AN AVIGATION EASEMENT RECORDED IN BOOK 730 AT PAGE 690. r *rk 24 1. BE - ACCORDING TO THE ABOVE-MENTIONED ANAL PLAT (PLAT BOOK 33 AT PAGE 4) RIGHTS ARE IN WITNESS WHEREOF, 1 HAVE SET MY HAND AND SEAL THE - DAY OF- Ms'za tri, RESERMD FOR PER¢64*ENT AND RPENAL NCV-EXCLUSEE- DISEVENE AND R/GHm TO RELOCA E AD., 2015. k 4& -THE SAME UNDER, OVER AND ACROSS THIS PROPERTY WHH THE EXCEPTION OF THE BUILDING ENVELOPE. OR IN PLACE OR AS SHOWN ON THE ABOVE MENTIONED PLAT. 1823 115% FeS,41 » . - THIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICT}ONS, COVENANTS AND EASEMENTS OF RECORD - BUILDING ENVELOPE E AS SHOWN ON THE ABOVE- MENTIONED ANAL PLAT. (ENVELOPES ARE NOT IFFREY ALLEN TUTTLE, P.LS. #33638 DiMENSIONED ON SAID FINAL PLAT.) - THIS PLAT WAS CREATED TO AMEND THE DEVELOPMENT ENVELOPE FOR LOT 42, I t . , 1~& 4 * 2 'f - SAID PARCEL IS ~TIRELY WTHIN -ZONE X: AREA DETERMINED TO BE OUTYDE OF 500 YEAR 4,+53©01 ' 4 13 51 + r-TY,Fs« FLOOD PLAIN» PER FEMA FLOOD INSURANCE RATE MAP, PANEL 203 OF 325. '. '11.19 1 4, 3,~n ) Vicinity Map /t·'2.t,c, TUTTLE SURVEYING SERVICES Ornwn by: DM C Accurding . Cf,lorado taw, you must commence any ./. action 6-4 upon any dgfeet M 727 Blake Avenue Lot 42 Maroon Creek Club -:10/127/2015 this sulvev unth,n &.0 y,ars *r ynu f~st Itscole~ ... ..ct . no evt,•vt ... Glenwood Springs, Colorodo 81601 Z: \2015\MAROON at,~ iegal act# <pon €,ny defect 0, (970) 928-9708 (FAX 947-9007) Amended Plat Aspen, Co 81611 BUILDENVREADJ thts =urvgy 6/ lommlnell mor' Man .n y,ars CREEKCLU8\MCC42 »»m Me *. 0/ - c,*Acat- ae- Aa,•ee,L E.nalit- jeffetss·-us. co,n TUTTLE SURVEYING SERVICES STMENT8615.DWG OF 1 ,.4