The URL can be used to link to this page

Home My WebLink AboutLand Use Case.729 E Bleeker St.0004.2006.ASLU729 E Bleekerâ‚¬r Stream Margin 273707360008 Case 0004.2006.ASLU 11 LEE>A:61 0 El> 6 2~0 6 S i 1 g City of Aspen Community Development Dept. CASE NUMBER 0004.2006.ASLU PARCEL ID NUMBER 2737-07-3-60-008 PROJECT ADDRESS 729 E BLEEKER ST PLANNER BEN GAGNON CASE DESCRIPTION STREAM MARGIN REPRESENTATIVE ROD DYER 925-5689 DATE OF FINAL ACTION 2/16/2006 12:( CLOSED BY Denise Driscoll Invoice Number: 21606g Payable to: City of Aspen Community Development Dept. 130 S. Galena St Aspen, Co 81611 Date of Invoice: 2/16/2006 THE CITY OF ASPEN Case Number: 0085.2005.ASLU Total Due: $10072.50 - includes past due Description of hours worked since last invoice: 1/23/06- PREPARE FOR COUNCIL HEARING- .5 1/23/06- COUNCIL HEARING- 5 1/24/06- MEETING W/ STEVE SZYMANSKI AND DALE PAAS TO GO OVER OPTIONS-.75 1/25/06- MEETING W/ COMMUNITY DEVELOPMENT DIRECTOR TO DISCUSS PROPOSED CHANGES-.: 1/25/06- PHONE DISCUSSION W/ STEVE SZYMANSKI ABOUT OPTIONS AND AH MITIGATION- .25 1/25/06- CALCULATING EMPLOYEE MITIGATION ON PLAN CHANGES BEING CONSIDERED- .25 1/25/06- DRAFTING MEMO FOR 2/6 COUNCIL MEETING- 1 2/2/06- DISCUSSION W/ COUNCILMAN DEVILBISS ABOUT INCENTIVE LODGE DEVELOPMENT- .75 2/2/06- TRACKING DOWN HEIGHT OF JEROME FOR COMPARISION PURPOSES FOR J.E.- .25 2/2/06- REVIEWING NEW NEIGHBOR LETTERS- .5 2/3/06- DISCUSSION W/ TORRE ABOUT PLAN CHANGES AND CONCERNS-.5 2/3/06- DRAFTING MEMO ABOUT AH IMPLICATIONS OF REVISED PLANS- .5 2/6/06- MEETING W/ STEVE SZYMANSKI AND LES ROOS- .75 2/6/06- TRACKING DOWN HEIGHT OF JEROME FOR COUNCILMAN DEVLIBISS FOR COMPARISION PURPOSES- .5 2/6/06- REVIEWING REVISED DRAWINGS- .25 2/6/06- CREATE SHEET W/ LIMELIGHT REVISED DIMENSIONAL REQUIREMENTS TO PROVIDE TO CIr COUNCIL- .25 2/6/06- PREPARING FOR CONT'D COUNCIL MEETING-.5 2/6/06- CONT'D COUNCIL HEARING- 4.5 2/7/06- AMEND ORDINANCE PER COUNCIL'S REVISIONS- .75 2/8/06- CLEAN AND ORGANIZE CASEFILES- 1 DEVELOPMENT ORDER ofthe City ofAspen Community Development Department Fhis Development Order. hereinafter ~'Order", is hereby issued pursuant to Section 26.304.070. "Development Ordersl 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 properly right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved 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 ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Bradlev F. Schlosser. 301 Las Lomas. Austin. TX 78746, 512-329-8169 Property Owner's Name, Mailing Address and telephone number Condominium Unit 729. Lot 2, Creektree Subdivision: Parcel ID # 2737-073-60-008; 729 East Bleeker St. Legal Description and Street Address of Subject Property Administrative approval of a Stream Margin Review Exemption for the construction of an addition and remodel at 729 East Bleeker St. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, Community Development Deputy Director. administrative approval of Stream Margin Review Exemption on February 8,2006: 26.435.040 Land Use Approvaks) Received and Dates (Attach Final Ordinances or Resolutions) Feb. 19.2006 Effective Date of Development Order (Same as date of publication of notice of approval.) Feb. I 9.2009 1 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 Municipal Code.) Issued this 13th day of February, 2006, by the City of Aspen Community Development Deputy Director. Joyce Allgaier. Commudfty Development Deputy Director t... 1 . ... 4 . 4 Ele Edit Record Navigate Fe m Reports Format Iab Melp d .3 41 - 49 4 416 i â€¢ 12 *1 01 . 9 49. 2 * O. Routing History i Conditions } Subfermits I Yaluation ~ Public CE,mment i Custome,Reguest ~ Attacbments Main Rqdting Status i Arch/Eng ] Parcels { Custom Fields ~ Feel i Fee Summant 1 Actions Pefmit Type ~as|u A:pen Land lUe .,0114 Permit # 10004.2006.ASLU Ad:diess ~729 E BLEEKER ST 21 Apt/Suite1729 cky RiPEN -Â«mÂ«-Â«XÂ»Uâ‚¬W~~4:<â‚¬2~<~~~..#.4=Â«-Â« .u .-U,â€ž44Â«.22Â«Â«â€ž State CO Zip 181611 /3{ Permit I fltuimation Master Permit Jpl 1 Rot.Attr~g Qiteue astu06 Applied 101 +19/2006 4 prolect 21 Status per,ding APP{oved Â«â‚¬â‚¬â‚¬â‚¬(= %-.4 Description ~STREAM MARGIN .,V#--&* .....lilli.. *---------,~ Isgued i Final Â·1 Submitted ;ROD DYER 925-5689 Clock iRunring Days ~ 0 Expires ]01/14/2007 ji 1 Visible on the web? Permit ID: ' 37111 Owner Last Name ISCHLOSSER ,LI FIrst Name [BRADLEY & KIMBERLY t729 E BLEEKER ST 1729 Phone i{ 1 - |ASPEN CO 81611 64 Owrier i#Applicant? Applicant Last Name SCHLOSSER 21 First Name 18RADLEY & KIMBERLY 1729 E BLEEKER ST $ ~72:9 Phone Â·i] Oust # 12665b .Cl ASPEN CO 81611 Enter the permit type code View Record: 1 of 1 JW Ventures LLC ALPIN IK 1022 P.O. Box 8769 600 E. Hopkii ~, , Jite 001 Aspen. CO 81612 Aspen, CO 81611 82-340/1021 1/5/2006 PAY TO THE ~ ~ **3,828.00 ORDER OF City of Aspen Three Thousand Eight Hundred Twenty-Eight and 00/100 ******************************-,r.***'**,â€ž**-X.*************-*******r DOLLARS @ City of Aspen Utilities 130 S. Galena St. Aspen, CO 81611 14%Â«-- 308 E. Hopkins - pre-application fee ,00 102 2 1 1: 10 2 103 4 071: 20 2 1000 5 78 1 JW Ventures LLC 1022 City of Aspen 1/5/2006 Date Type Reference Original Amt. Balance Due Discount Payment 1/5/2006 Bill 3,828.00 3,828.00 3,828.00 Check Amount 3,828.00 Alpine Bank 308 E. Hopkins - pre-application fee 3.828.00 L lÂ©j Al Illrov.(pol-2,4 f-fEELS) 20{7 10 23 / â‚¬ -r, obj i i LL/~ c/LIZEj-/l A- Li, l. 134/ _1 Dirt,21 ' (7 4 lile.~ toul r,13(.-ff 0 (/0\43/2/ L. t/tel.,c, Ct/-â‚¬0/ bu/adle 2-Ll 3 0-9 ti --l L~ 619 < 6 lua g.(c . f-Â»1 MEMORANDUM TO: Joyce Allgaier, Director. Community Development FROM: Ben Gagnon. Special Projects Planner RE: Sehlosser Residence Stream Margin Review; Administrative Review DATE: February 3,2006 SUMMARY: Rod Dyer - Architect. representing Mr. and Mrs. Bradley Schlosser. is requesting a Stream Margin Review. to allow an addition and remodel, at 729 E. Bleeker St. APPLICANT: Mr. and Mrs. Bradley Schlosser, represented by Rod Dyer. LOCATION: 729 E. Bleeker St. ZONING: R-6 PUD REVIEW PROCEDURE: The Community Development Director may approve development within 100 feet from the Roaring Fork River and its tributary streams, pursuant to Land Use Code Section 26.435.040 (B). STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." RECOMMENDATION: Staff has reviewed this proposal and recommends that the Community Development Director approve the addition and remodel of the Schlosser Residence. APPROVAL: 1 hereby approve this addition and remodel for the Schlosser Residence at 729 Bleeker St., finding that the criteria have been met. d o r& aU-jec date 1/5/0 (0 Joyce Kllgaier, Community Development Deputy Director ATTACHMENTS: Exhibit A: Review Criteria and Staff Findings Exhibit B: Application Exhibit A Review Criteria & Staff Findings The Community Development Director may exempt the following types of development within the Stream Margin Review Area, pursuant to 26.435.040(B): B. Exemptions. 1. Construction of pedestrian or amoniobile bridges, public trails, or structures.for irrigation, drainage, .flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage ojdrainage channels during peak.flows and the Community Development Director determines the proposed structure complies, to the exteni practical, with the Stream Margin Review Standards. Staff Finding: Staff finds that the proposed development does not include any of these structures. 2. Con,struction ofimprovements essential for public health and safety which cannot be reasonably accommodated outside ojthe "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Margin Review Standards. Staff Finding: Staff finds that the proposed development does not include any of these structures. 3. The expansion. remodeling, or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exemptfrom floor area calculations by more than twenty-five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, b. The development does nol require the removal ofany tree #,r which a permit would be required pursuant to Chapter 1 3.20 ofthis Code. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer m the high water line than is the existing development: d. The development does not jall outside of an approved building envelope ijone has been designated through a prior review; and e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage ofstructures within the 100-year flood plan. Staff Finding: Staff finds that: a) the development does not add more than ten (10) percent to the floor area of the existing structure (the proposal adds 7.5% to the floor area of the existing structure). and the development does not add more than twenty-five (25) percent of building area exempt from floor area calculations (the proposal reduces deck space by 33%); b) the development does not require removal of a tree for which a permit would be required: c) no portion of the development will be any closer to the high water line than is the existing development; d) the development does not fall outside the approved building envelope; e) the development will not increase the amount of ground coverage of structures within the 100-year Mood plan. 4~ ROD DYER - AnuHITECT ~ -~ 612 WEST MAIN STREET :~~ ASPEN, COLORADO 81611 40/2<317,2 Aislyo.3*A,C- I January 19, 2006 rf 0.--x--1-e--r.k v.Â£-4 - Rod Dyer Rod Dyer - Architect 612 W. Main Street Aspen, Colorado 81611 Mr. Chris Bendon Director Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Schlosser Residence Stream Margin Exemption 729 E. Bleeker, Aspen, Colorado 81611 Dear Mr. Bendon, Please find, herein and attached, our request for Stream Margin Exemption for the above referenced property. Mr. & Mrs. Bradley F. Schlosser wish to add onto and remodel their side of the existing duplex townhouse. The existing structure was built in 1978-1979 prior to Stream Margin Ordinances. In accordance with 26.435.040 B,3 the development; a. Does not add more than ten (10) percent to the floor area of the existing structure and does not increase the amount of building area exempt from floor area calculations by more than twentrfive (25) percent. (Existing 2,245 s.f.; New 2,415 s.f. See attached Building / Zoning Data.); b. The development does not require the removal of any trees for which a permit would be required pursuant to Chapter 13.20 of the Land Use Code. (See attached Survey.); c. The development is located such that no portion of the expansion or remodel will be closer to the high water line than is the existing development (See attached Survey and design drawings.); d. The development does not fall outside of the approved building envelope (See attached Survey.); e. The expansion, remodel will not increase the amount of ground coverage of the structure within the 100 year flood plane. The existing exterior lighting will not be increased and if it is necessary to replace any exterior lighting fixture, a fixture that reduces horizontal light emissions will be chosen. ARCHITECTURE CONSULTING ARCHITECTURE DESIGN 970/925-5689 PHONE & FAX dyerarch@rof.net Attachments to this application indude; 1. A letter from the Applicant, with the Applicant's address and phone number, authorizing Rod Dyer to act as their representative; 2. The street address of the project is 729 E. Bleeker Street, Aspen, Colorado 81611. The legal description is Condominium unit 729, Lot 2, Creektree Subdivision; 3. Copies of the Warranty Deed and Bill of Sale showing ownership; 4. An 8 W x 11" vicinity map showing the location of the subject parcel within the City of Aspen; 5. A recent site improvement survey; 6. An Elevation Certificate stamped and signed by a Colorado registered Land Surveyor; 7. Building and Zoning Data sheet showing zoning and area calculations; 8. Architectural plans showing existing and proposed area plans and exterior elevations; The proposed construction techniques shall be identical or similar to the existing frame construction. All new addition construction and interior remodel construction shall conform to the requirements of the Building Code presently adopted by the City of Aspen. Accurate grade elevations are shown on the Site Survey and the Elevation Certificate attached. Additional attachments include; 1. Attachment 1- Agreement for Payment of Development Application Fees; 2. Attachment 2 - Land Use Application; 3. Attachment 3 - Dimensional Requirements Form; 4. A copy of the Pre-Application Conference summary; 5. A check in the amount of $850.00 as a deposit for development review; 6. A letter from the president of the Creektree Home Ownefs Association declaring its approval of the proposed development; 7. A copy of Ordinance #14 (Series of 1995). Please let me know of any additional information or documents required. Sincerely, pl LE - Rod Dyer Rod Dyer - Architect Bradley and Kimberly Schlosser 301 Las Lomas Austin, Texas 78746 December 20,2005 Mr. Rod Dyer Architect 612 W. Main Street Aspen, Colorado 81611 and City of Aspen Building Permit Department Aspen, Colorado RE: 729 E. Bleeker Creektree Condominium Association Dear Sirs: This letter is intended to confirm that we, Bradley F. Schlosser and Kimberly K. Schlosser are the owners of record of Condominium Unit 729 of the CreekTree Condominiums located in Aspen, Colorado. This letter may also be used as confirmation that Mr. Rod Dyer, Architect located at 612 W. Main Street in Aspen, Colorado has been contracted by us to complete the remodel plans for our condominium at the above referenced address. Mr. Dyer is the Owner's representative in the Aspen jurisdiction and is authorized to act on the Owner's behal f with regard to matters related to our Application for Exemption for the Stream Margin Review and including but not limited to other matters related to our subsequent submission to the City of Aspen for a remodel building permit for our condominium. Should you have questions related to this letter, please feel free to contact us as follows: 512 329-8169--- home phone 512 970-2828--- cell phone to Bradley Schlosser BSchlosser@Austin.rr.corn---email address Should you have questions related to this letter, please feel free to Mr. Dyer as follows: 379-3519 --- local office phone 925-5689 --- local fax phone dverarch@rof. net --- email address Thank you. 'f 0 21 . K i V ' P l; c 33 Y-48*- y- f li:Â°~00 1 if j It Bradley F. Schlosse$ and Kimberly K. Schlosser Owner and Applicant cs'10Â¥ OF ' ''EN CITY OF ASPEN L-y '~ (72%/O 0 HRET-1- w.,D WRETT PAID OArE REP NO. DATE AEP NO. Â°(Glof C 071646 11,4105- 6 019692 WARRANTY DEED THIS DEED, made September 23,2005, Between HIGBIE FAMILY TRUST of the County of 11&Wau , State of HI, GRANTOR, AND BRADLEY F. SCHLOSSER and KIMBERLY K SCHLOSSER, GRANTEE whose legal address is : 907 W. 5TH ST., SUITE 202, AUSTIN, TX 78703 of the County of , State of TX WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sumciency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these preserts does grant bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, al' the real property together with Improvements, 'f any, situate and lying and being in the County of Pi#cin, State of COLORADO, described as follows: CONDOMINIUM UNIT 729, CREEKTREE CONDOMINIUMS, according tothe Map thereof Med for record in the office ofthe Clerk and Recorder of Pitkin County, Colorado, in Plat Book 12 at Page 20, and as defined and described in the Condominium Declaration recorded in Book 416 at Page 354 and First Amendment thereto recorded February 22,2005 as Reception No. 507236 515229 mANSFER DECLARATION RECEIVED 09/26/2005 TOGETHER with all and singular the hereditaments and appultenances thereto belonging, or in anywise appertaining. and the revemion and reversions, rernainders, rents, 1-ues and prorts thereof, and all the estate, right title, interest claim and demand whatsoever of the grantor either in law orequity, of, in and to the above bargained premises, with the herediaments and appurtenances. TO HAVE ANC) TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and aselgns forever. And the Grantor, for niself, its heirs and -igns, does covenant grant bargain, and agree to and with the Grantee, their heirs and amigns, that at the time of the ensealing and delivery of these presents, It Is well seized of the premises above conveyed, hae good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authortty to grant bigaln, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, ba,gains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peeceable poesession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 1 The person authorized to receive this document is: FRED PEIRCE AUSTIN PEIRCE & SMITH 600 E. HOPKINS 515229 ASPEN, CO 81611 Page: 1 of 3 111111111111'01111111111111 09/26/2005 01 : 33( SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 220.00 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 HIGBIE FAMILY TRUST / By: 7~ 7-7Â» Ae Title: C1*Trustee / 0 By. /3/24 #/7*46 Titlefto-Tru*Â«8~/ STATE OF 41&Nati ) 86 , , COUNTY OF Alaulau The foregoing instrument was acknowledged before me thli A day of SEPTEMBER. 2005; a by KIM HIGBIE, CO-TRUSTEE OF THE HIGBIE FAMILY TRUST 4Â·hÂ·~iauo D-48Â«, ~<~4 fi WITNESS my hand and o my commission expires: Ret' Notary Public, 51*10 0* O N z*r 1 Â£ . - ' A '..~,* STATE OF Lic.-to > ''1,â€žâ€žll' SS COUNTY OF 7,444 n ) The foregoing instrument was acknowledged before me this at day of SEPTEMBER, 20(!~5, by DON HIGBIE, CO-TRUSTEE OF THE HIGBIE FAMILY TRUST. ~ WITNESS my hand and omcial s,;al~ ~Â®â€ž CD'Â· --464 my commission expires: Nd~ Public â‚¬*940 Joy S. Hier,Â·s No'arÂ·, Public ~ My Cor:n; 6 1.0 -1 ext - 93 2 22/06 ~ ~)TAR y ~Â·: ~ State of 2 0-ado +++ i "44 ArkÂ© .-iP# N.4 01. 0,- 7, PCT19739F3 ----- 515229 imuiiiiwimimiiimmimi'Iim 09/26/2005 01 :33! Page: 2 of 3 SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 220.00 EXHIBIT "A" 1. Taxes for the year 2005 not yet due or payable. 2 Reservations and exceptions as contained in Patent recorded December 14, 1900 in Book 39 at Page 136. 3. Terms and conditions of easements granted in documents recorded November 26, 1969 in Book 244 at Page 683 and November 26, 1969 in Book 244 at Page 686 4. Terms, conditions, provisions, obligations and all matters as set forth In Subdivision Improvements Agreement recorded February 14, 1978 in Book 343 at Page 534 5. Easements, rights of way and all matters as disdoeed on Plats of subject property recorded in Plat Book 6 at Page 83 and September 30, 1981 in Plat Book 12 at Page 20 6. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth In the Condominium Declaration for Creeldree Condominiums recorded October 23, 1981 in Book 416 at Page 354 and First Amendment thereto recorded February 22,2005 as Reception No. 507236, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial etatus or national origin. 7. Terms, conditions, provisions and obligations asset forth in Access and Parking Easements and Maintenance Agreement recorded January 22, 1990 in Book 612 at Page 385 111111111111111111~11111,111.111111 515229 Page: 3 of 3 09/26/2005 01 :33I SILV A DAVIS PITKIN COUNTY CO 16.00 D 220.00 BILLOFSALE KNOW ALL MEN BY THESE PRESENTS, That HIGBIE FAMILY TRUST of the County of +Vok)Al I , State of HI (Seller), for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to him in hand paid, at or before the ensealing or deliver of these presents by BRADLEY F. SCHLOSSER and KIMBERLY K SCHLOSSER of the County of , State of TX thereceipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said Buyer, his personal representatives successors and assigns, the following property, goods and chattels, to wit: AS SET FORTH ON EXHIBIT"A" AlTACHED HERETO located at 729 E. BLEEKER, ASPEN, CO 81611 TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives and assigns to WARRANT AND DEFEND the sale of said properly, goods and chattels, against all and every person or persons whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS HEREOF, the Seller has executed this BILL OF SALE this 19 day of September, 2005. HIGBIE FAMILY TRUS7 BY: BYÂ·. 61 XL TITLE: 90-TRUSTEF TITLEF COJFfUS'fEE STATE OF -4~Awd,u ) 85 COUNTY OF Aid\NAM ) The foregoing instrument was acknowledged before me this 19 day of SEPTEMBER, 2005 b>~, KIM HIGBIE, CO-TRUSTEE OF THE HIGBIE FAMILY TRUST Witness my hand and omcial seal. My Commission expires: 4 ~ 1~ 06 1Mt.1(QUO M -[Dviltnb Notary Public 191"ic 64.. STATE OF~=>\ o <Adlo ) COUNTY OF r-ip,44494 n )88: The foregoing instrument was acknowledged before me this 615 day of SEPTEMBER, 2005 by DON HIGBIE, CO-TRUSTEE OF THE HIGBIE FAMILY TRUST Witness my hand and omcial seal. My Commission expires: Joy S. H. pis >Joiary Public 3+14+M My Ccs- O 3 rÂ·, e,m re:Â· 422/06 N R Public / \ /90 r 1-â€¢-. -~ 0- r 24, U U< i / 1 t,4.,,>A -V EXHIBIT "A" LEGAL DESCRIPTION CONDOMINIUM UNIT 729, CREEKTREE CONDOMINIUMS, according to the Map thereof filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado, in Plat Book 12 at Page 20, and asdefined and described in the Condominium Declaration recorded In Book 416 at Page 354 and First Amendment thereto recorded February 22,2005 as Reception No. 507236. Lf 0 1 1 ~ r-\- 2/0~0~ 1_, ./ 4. 1 I <1 .' 0 t\â‚¬ta~ 0 8 /ve 0 PN . *2 2- 00/ 42=4"m< *:-- -4 1 4 40;1 54*40 0 .- 1 t--47 49 E 0 --42 actip00 i ~. A ho 0 t $ rt ..Iâ€ž 0 0 -r '44*4.4 L.21 RB u * 3490 0 0 C (10- f \ -NO 0 07 1; -Cl Wto < 61 I ./ hu /Isrn, ZIZE.- , 1 21 \ 1 c" Â»Â«14-~-Ila] I 7 1 rn T-%. - 9 - ni~ [34301 Â«*3 n p-.- .1 /LI--- - 145- / / Â£10 0 '/ -3-14 331 ~ -e , m _ r - t:KAL tmt:KetNLY MANAGEMEN I AGENCY IATIONAL FLOOD INSURANCE PROGRAM ~ O.M.B. No. 3067-0077 Expires December 31,2005 ~ ELEVATION CERTIFICATE Important Read the instructions on pages 1 - 7. SECTION A - PROPERTY OWNER INFORMATION For Insurance Company Use: BUILDING OWNER'S NAME Policy Number Bradley F. & Kimberly K. Schlosser BUILDING STREETADDRESS (Induding APL Unit Suite, and/or Bldg. No.) OR P.O. ROUTE AND BOX NO. drnpany NAIC Number 729 East Bleeker St. CITY STATE ZIP CODE Aspen CO 81611 PROPERTY DESCRIPTION (Lot and Block Numbers, Tax Parcel Number, Legal Descripuon, etc.) Lot 2, Creektree Subdivision BUILDING USE (e.g., Residential, Non-residential, Addition, Accessory, etc. Use a Comments area, if necessary.) Residential LATITUDE/LONGITUDE (OPTIONAU HORIZONTAL DATUM: SOURCE: O GPS (TypeM- C ##0 - ##' - ##.##1' or ##.#####0) O NAD 1927 0 NAD 1983 O USGS Quad Map O Other: SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 81. NFIPCOMMUNITY NAME & COMMUNITY NUMBER 82 COUNTY NAME 83. STATE Cily of AspenÂ·080143 Pill<j' CO 84. MAP AND PANEL B7. FIRM PANEL B9. BASE FLOOD EIEVATION(S) NUMBER 85. SUFFIX B6. FIRM INDEX DATE EFFECTIVE/REVISED DATE B8. FLOOD ZONE(S) (Zone AO, usedepth of noodhg) 0809760204 C 6/4/1987 6/4/1987 X &AE 7887 810. Indicate the source of the Base Flood Elevaion (BFE) data or base flood depth entered in B9. [3 FIS Profile Â® FIRM Â¤ Community Detennined 0 Other (Describe): 811. Indcate the elevadon datum used forthe BFE in 89: O NGVD 1929 Â® NAVD 1988 0 OIl"ter (Desaibe): - 812. Is the building located in a Coastal Banier Resoulces System (CBRS) area or Othe,wise Protected Area (OPA)? O Yes Â® No Designation Date SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building devations are based on: C] Construction Drawings* El Buidng Under Construdion* Â® Finished Construction *A new Elevation Cerlificate will be required when constucbon of the building is complete. C2. Building Diagram Number 4 (Select the building diagram most similar to the building for which this oerti#cate is being completed - see pages 6 and 7. If no diagram accurately represents Ihe building, provide a sketch or photograph.) C3. Bevations - Zones Al-A30, AE, AH, A (with BFE), VE, Vl-V30, V (with BFE), AR, AR/A, AR/AE, AR/Al-A30, AFVAH, Afl/AO Complete Items C3.-ai below aocording to the buildng diagram specified in Item (2. State the datum used. If the datum is different flom the datum used forthe BFE in Section B, convert the datum to that used for the BFE. Show field measurements and datum conversion calculation, Use the space provided or the Comments area of Sedon D or Section G, as appropriate, to document the datum conversion. Datum NAVD 88 Conversion/Comments Elevation reference mark used RM21 Does the elevation reference mark used appear on the FIRM? Â® Yes Â® No a) Top of bottom floor (induding basement orendosure) 7889 791(m) 3 b) Top of next higher floor 7895. aft.(m) 3....29 c) Bottom of lowest hotizontal structural member (V zones only) -. -ft.(m) * ilt/~ R " 1 d) Attached garage (top of slab) 7891. gil.(m) o /2 29 \16 . e) Lowest devation of machinery and/or equipment - servicing the building (Describe in a Comments area) 7889. Zift(m) io U935 52 0 Lowest ad~acent (finished) grade (LAG) 7893.Qlft(m) Z.9 96Â·.. t- to - 010 1 37 g) Highest adiacent (finished) grade (HAG) 7821. B.(m) m U) 4 .... ....6* h) No. of permanent openings (flood vet'tts) within 1 ft. above adjacent grade 8/0/22;520 e J i) Total area of all permanent openings (flood vents) in C3.h sq. in. (sq. cm) SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information in Sections A, B, and C on this certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. CERTIFIERS NAME Jason R-Neil UCENSE NUMBER CO PLS 37935 TITLE Survey Manager COMPANY NAME High Country Engineering ADDRESS CITY STATE APCODE 1517 Blake Ave., Ste 101 Glenwood Springs CO 81601 SIGNATURE DATE TELEPHONE (970)945-8676 FEMA Form 81-31, January 2003 See reverse side for continuation. Replaces al[ previous editions BUILDING / ZONING DATA 1. PROJECT DESCRIPTION: ADDITION AND REMODEL OF 12q E. BLEEKER ST. 2.LESAL DESCRIPTION LOT 2, CREEKTREE SUBDIVISION, ASPEN, COLORADO 3. FLOOR AREA SUMMARY EXISTING ZONINe R-6 PIP EXISTING LOT AREA 0538 Ao +/- 23,434 5.F. ALLORABLE FLOOR AREA 2,438 5.F. ALLORABLE DECK AREA 441 S.F. EXISTING FLOOR AREA DECKS UNIT UPPER LEVEL 80 5.F. 543 S.F. SRADE LEVEL 256 S.F. 1,118 5.F. LOPNER LEVEL 83 S.F. 528 S.F. CARPORT 262-250 EXEMPT= 12/2= 6 S.F. SUB-TOTAL AREA Bqq S.F. 2245 S.F. NER FLOOR AREA UPPER LEVEL O ST. 675 5.F. GRADE LEVEL 182 5.F. \208 SP. LOFNER LEVEL 83 S.F. 528 9.F. CARIÂ°ORT 262-250 EXEMPT= 12/2= 6 S.F. SUB-TOTAL AREA 265 S.F. 2,415 S.F. EXISTING FAR 2,245 S.F. NER FAR 2,415 5.F. FROM :SCHLOSSER FAX NO. :5123275509 i. 18 2006 09: 57AM Pl CITY OF ASPEN CO~ DEVELOP-ENT DEPART-ENT A=.emet 'r/m//n on)â€¢of Une, I),M'im/t////*/ 1-1 CITY OFASPEN(hercia,11=-CrrY)md_-*4*JWL-eM-_m SCANU=,seeg- (herâ‚¬i-Rer APPLICANT) AGREE AS FOLLOWS: APPLICANT hassub,nined loC[TY..Ne.- R,r +17*HAAA NUâ€¢*61 Llk-~ e:*eLFOON fe't2 72 9 25. 127,-22,~00- Â«Pâ‚¬-/â€¢fll.* , eo (hertinaftcr. THE PROJECT). 2. APPLICANT 1 ' - ' and ..1.:s (hat aty of Aspen Ordinanco No. 37 (Sclics of 2000) emblishes . fee struc-c Ibr L-d Usc .plicllions -d *c pa,mill of all 1 - J fics is a earwition plecedent 10 2 delemirt=ion of applic,Eion completness. 3. APPLICANT ind CITY *gret Unt becm=of the sivt Mah= or Â®ope of me proposed prnject it is not possible d this time 09 -ce.tain 11% ful ottail of *c com involvod in processing the applic.tion. APPUCANT and CITY Ruther.,e. 9.tit is in~c inte,en or- p.ties- APPLICANT makepoyment of- initial dcpolit -d Q the,unerpermit additional costs lobe billed to APMACANT- a mondly bisis. APPLICANT Igrecs ~Â«itional 90.5 may =cruc --i"g t}*ir "CIA"gs .... approvals APPUCANT agrees ke will be beâ€¢emed by retai-g Biler calh liquidity -1 will make additiom] peyments upon notific-m by the CITÂ¥ when they-ne=.-7 -costs ge inconed., CITY agires it win be hendild throall, ihe /0-r cot,imy or reoow,ilg its - coe Â» Flocco APMACANTS *pplication. 4 C] 17 -d AM'LICANT Â§-her agret th# it is impr=licable for CITY staff m c-plae /,ce-ing or present Wficicm informition to the Mannlig Com,ission -Wor City O-Kil tommble the Mmoug Commission dor City Coincil ki Inake le:ally m~ired 11â€¢dinss for prodect o-ideration, unle= clwrent bill-gs art paid in f,0 prior lo decision 5. The,Eforn. APPLICANT *grocs [hat in oonideralion onhe CITY's -ivcr of is risti 10 oollcul full lees prior lo a dete:IllillÂ»tion or applicadon oompille,le=, APPIJCANT .hall ., = inieS.1 dcposit in *c -nount 4$.0Â¢249;AIA,id, i. R. 3 bows of C-0-Â» Dcvel,Ii,4 *Ii time. and H' actu,1 ' 1 =sts exced the initial deposit. APPLICANT *hill pay additional monthly hi!Â§118% 10 C.'07 m ' Â· the CITY for le prnceming er the application menli-d above, incliding poaqi.4â€¢11=ic.â€¢ar=orga-perd=*=h-râ‚¬~al"b'â€¢dp.* S.hi.kik"'m.O 31â€¢ill bc made withm 30 don of Ihc billing dle. AFFLICANT nather .grocs 11= ihih.e to ply Inch =cvued co,ts shal} begrounds lorsuspension ofproccsing. and in =o cme #i! building pc,mits bc imitled until all coats asÂ»ocialed with c= proce=ing hav= bcen paid. CITY or AMEN A*04*- Al Ul D Â¢*.06 - C- m JI 14 Developm- D irecl or -k k / 7r o L Dy 47 Biliq Add:re- sal Tdiphie N.mber: N:r LAr 4 nlas Aush w 74 -7 n BL - th..Ornforms~*DlÂ»,-dot 9/2-*25-6149 11/30/04 RETAIN FOR PERMANENT RECORD Ed 6899926026 pel!40.IV JeAO pot i â‚¬196*0 90 8 uwr ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: EA gz ,* EX~ ~A t:EpeACUE ,â‚¬ f~. GCÂ·b~Â·LOSE.Â·eg. WD-1- 2 1 Location: 7 z9 12Â· -eâ€¢(-4212 KLÂ·le:gL =E:Gr-, 46pÂ¥E N L do ,e>/ Co{( /'2212,0-r-eee sas (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 7 97 676 90 008 REPRESENTATIVE: Name: 200 Ove,z- Address: G 1 2 1,3. 6/l A i ,4 91- Affie A f CO 2, [ 401 C Phone #: CrM/9125- se,89 PROJECT: Name: 14*el-ef ~ 16.- i M neiz 1- f ScA-Â£> Sse 0- Address: 50 1 1.-A,b LOMAS A-lerl 4, TX 7,6744 Phone #: 5/2/ 3,29-5/4,9 TYPE OF APPLICATION: (please check all that apply): Conditional Use O Conceptual PUD E Conceptual Historic Devt. Special Review ~1 Final PUD (& PUD Amendment) ~1 Final Historic Development Design Review Appeal D Conceptual SPA E Minor Historic Devt GMQS Allotment j Final SPA (& SPA Amendment) 0 Historic Demolition GMQS Exemption U Subdivision CJ Historic Designation ESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split O Temporary Use D Other: E Lot Line Adjustment D Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Ewal-1Ne *ull,Di,44 /5 A Sful-r DEV 06:3 >708Â¥ pup.ex BES,DEN FAL FCA+Ae coN.-tzucT-CON BUL{,01,44- 812-PINAUC-E * \4 4444Â£6 PtiS PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) F,to pose Ube wil-L NOT 0,646*63Â£. 1 .Tk.log. Bet#Deft oF lÂ©870 fouS ApeeD 149* (>9.0 drri%4+ED j Have you attached the following? FEES DUE: S 849Â· 00 [EF Pre-Application Conference Summary 63~Attachment #1, Signed Fee Agreement [E~Response to Attachment #3, Dimensional Requirements Form 2 Response to Attachment #4, Submittal Requirements- Including Written Respon~Im#I;MI,P-8#W RECORD All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. *{00000 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 72.9 0. fr14%2,02 er. 49010108'4 24 1201*DDEL Applicant: hvtÂ·r:2 4 NA{26 e:,GAD Le'Â¢ F. Sal.4 UP Ssee. Location: 72.9 E. 454Â·42*545. tag- 91-L A.aÂ·*Pler4Â·, Co 8143[ C Zone District: 2-0 9 D Lot Size: Lot Area: 0.5 32> AN Â·r/- 0,2 Za, 4-321- S.F. (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: 1+LA Proposed: Number ofresidential units: Existing: Proposed: 1 C t./2 oP izes.(C*Wil AL PU FIM-E,9 Number ofbedrooms: Existing: 4 Proposed: 4 Proposed % of demolition (Historic properties only): A /A DIMENSIONS: Floot Area-. Existing: 21 â‚¬ 45 Allowable: 2 j 930 Proposed: 2 14\ S Prkkdpal~Adz.heil#-. Existing: 11Â£0+ Allowable: 26'-o" Proposed: 2710't.,4- Access. bldg. height: Existing: 14 /6 Allowable: Proposed: 61/A On-Site parldng: Existing: p# & D Required: Proposed: 130 FdO % Site coverage: Existing: Ak# PUP Required: Proposed: Pa 12 Fd D % Open Space: Existing: FE# tliD Required: Proposed: Peiz Fd D Front Setback. Existing: 11-2 A/17 Required: Proposed= FEIZ POD Rear Setback Existing: pu AUD Required: Proposed: PEC FUD CombinedÂ¥/k. Existing: 260 FUP Required: Proposed: PE12 PUD Side Setback. Existing: dep / 4. Required: Proposed: oeD 1 4 Side Setback: Existing: 020 /4 Required: Proposed: CDRD 14- Combined Sides: Existing: 0/20 14- Required: Proposed: ORD 14- Distance Between Existing 76* PuDuqÂ»red.Â· Proposed: 782 Fo D 13uildings Existing non-conformities or encroachments: #ZI /ZA- u.} C FAA-,4 -7-#42 laa â‚¬Â®{*92- 4~009 91.0,Â·p*6â‚¬. i 18.9.oeeD â‚¬28*+CE 4-6'avAT l,1 McrAl-lotÂ·46. U Variations requested: 4TWEA M WÂ».0.61 \ 04 *64 EM 7-r-104 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James LinÂ® 429-2763 DATE: 1/17/06 PROJECT: 729 E. Bleeker Street REPRESENTATIVE: Rod Dyer TYPE OF APPLICATION: Stream Margin Exemption DESCRIPTION: The Applicant would like to enclose an existing deck and believes that it would comply with the stream margin exemption review standards. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040(B) Stream Margin Exemption Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for review. Public Hearing: No, unless the Community Development Director does not feel that the proposed application meets the Stream Margin Exemption Criteria. Referral Agencies: Engineering Planning Fees: Planning Deposit $660 for 3 Hrs of Planner Time (additional hours billed at $220.00 per hour) Referral Agency Fees: Engineering Referral $190 Total Deposit: $850 To apply, submit the following information: 1. Total Deposit for review ofapplication. 2. Applicant's name, address and telephone number. contained within a letter signed by the applicant stating the name. address. and telephone number of the representative authorized to act on behalf ofthe applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. Land Use Application 6. Dimensional Requirements Form. 7. Written description of existing conditions and proposed alterations. 8. A site improvement survey and proposed site plan. 9. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 10. A written description ofthe proposal and a written explanation ofhow a proposed development complies with the review standards relevant to the development application. 11 Existing and Proposed Elevations 12. A copy ofthe recorded documents that affect the proposed development. 13. Proofofownership. 14. Additional materials as required by specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 2 Copies of the complete application packet (items 1 -14) Process: Apply. Planner reviews ease for completeness and sends to Development Review Committee (DRC) fa technical considerations. Planner writes staffmemo and recommendation and has Community Development Director review for approval. If approved. Community Development Department issues a development order. A Building Permit then must be obtained prior to construction. 'rhe application may be taken to the Planning and Zoning Commission i fthe Community Development Director does not feel that application meets the standards for a Stream Margin Exemption. 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 legal or vested rights. DEC-11-2005 06:42 PM ROCKWOOD 970 923 3815 P.01 '.-'-:il:':44*1 ; 111 ...IM..1.1 ..~.ligm..t; 4.-4~ r .: 1 i ... ./Vul U , 12.,1...-3Â£, J{le..e.Â· i. IiÂ· .. CREEKTREE CONDOMINIUM ASSOCIATION December 6,2005 Mr. and Mrs. Bradley P. Sohlosser Owners of 729 E. Bleeker in the Creektree Condominium Association c/o 301 Las Lomas Austin, Texas 78746 and City of Aspen Building Permit Department Aepen, Colorado RE: 729 E. Bleeker Crocktree Condominium Association Dear Sin: This letter may serve as notice that L Michael Jones, President and homeowner in the Creektree Condominium Association (the "Association"), have reviewed the retrofit plans for the above referenced address submitted to me by the owners, Mr. and Mrs. Bradley F. Schlosser. Per our covenants, remodels are subject to approval by a majority of owners. The Schlossers have met those requirements and may proceed with their plans to the Aspen Building Permit Deparenent. It is understood that this approval letter is subject to a rereview by the Association in the case of any material change to said retrofit plans. Should either of the parties to this letter have questions or concerns, please feel free to contact me as follows: 920-4444-- home phone 948-8400--- cell phone Jonesguitars@aol.com-- email address Thank you. Ill \AM44 74- Â¥idabl Joh62 1 1 ' President Creekt~Condominium Association ORDINANCE NO. ~l (SERIES OF 1995) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT AND SUBDIVISION AMENDMENT TO THE CREEKTREE SUBDIVISION/PUD WHEREAS, David Beckwith ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office to amend the Creektree Subdivision/PUD to revise the boundaries of Lots 2 and 4, to increase the allowable floor area for the Creektree Condominiums, and to clarify the City's existing access easement across Lot 4; WHEREAS, the Applicant is requesting a Subdivision/PUD amendment to utilize the lot area of Newbury Park to recalculate the lot area for each lot and to create a separate parcel for each duplex as provided by Section 24-3-101 of the Aspen Municipal Code; and WHEREAS, the Applicant has obtained written permission from all property owners within the Subdivision/PUD to pursue this Subdivision/PUD amendment; and WHEREAS, the project was considered by the Planning and Zoning Commission on October 18, 1994 at which time the Commission conceptually recommended approval of the request by a 5-2 vote, and granted Stream Margin Review by Resolution 94-37 ; and WHEREAS, the project was considered at a public hearing before City Council on March 27, 1995 at which time Council approved the applicant's request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Sections 24-7-903 and 24-7-1006(B) of the Municipal Code, City Council does hereby grant the applicant an amendment to the Subdivision/PUD that redefines the lot line between Lot 2 and Lot 4, so that each of these lots contains one duplex unit, of the Creektree Subdivision and utilizes the PUD provision of the Code to utilize the land area of Newbury Park to recalculate the lot area on all lots, subject to the following conditions: 1. The applicant shall redefine the building envelope, so that it is closer to the existing Creektree Condominium structures to prevent any disturbance closer to the Roaring Fork River, with the amended PUD plat. 2. The new PUD/Subdivision Plat must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so may render the approvals invalid. 3. No vegetation shall be removed between the building envelopes and the river. 4. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 6. Prior to the issuance of any building permits for any lot within the Creektree Subdivision, a redefined fisherman's easement shall be executed for Lots 1, 2, and 4. 7. The Final Subdivision/PUD Plat shall indicate the location of a locking gate for City of Aspen access to Newbury Park across Lots 2 and 4. 2 8. Lot areas for the purpose of calculating FAR shall be 41,916 square feet for each lot within the Creektree Subdivision/PUD. The maximum allowable floor area for each duplex structure on Lot 2 and Lot 4 shall be 5,876 square feet. The calculation of actual building floor areas shall be subject to the Aspen Land Use Regulations and any amendment thereto. Section 2: Pursuant to Section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned Unit Development sideyard setback variation for Lots 2 and 4. The north sideyard setback for Lot 2 shall be varied from a minimum of 15 feet to 8.5 feet, the south sideyard setback shall be varied from a minimum of. 15 f eet to 7 feet, and the total setback shall be varied from the required 50 feet to 16.5 feet. The north sideyard setback for Lot 4 shall be varied from a minimum of 15 feet to 7 feet, the south sideyard setback shall be varied from a minimum of . 15 feet to 4 feet, and the total setback shall be varied from the required 50 feet to 11 feet. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Creektree Subdivision/PUD Amendment as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: m If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 7: That the City Clerk is directed, upon the adoption of this 4 ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 9: A public hearing on the Ordinance shall be held on the 27 day of /99Â·~~--6-3 1995 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by J J the City Council of the C.ity of Aspen on the 2 h day of (14941 , 1995. 44 6-_-5@ John Kennett, Mayor ATTEST: 4 4 b / . A jj- AÂ£Â£011611 2 45<J f.-2-6/ kathryn Si ' Koch, City Clark U 5 1:, day of FINALLY, adopted, passed and approved th-is 87 1995. John ~ennett, Mayor ATT~ST: ~a#&143J 4-- fo_ei kathryn 'Koch/ City Cletk- ord.cc.pudamend.creektreel r