HomeMy WebLinkAboutcoa.lu.ec.1988 Alpine Acres
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AN ORDINANCE REZONING THE ALPINE ACRES SUBDI~IO~ CITY mF 'S'>
ASPEN, PITKIN COUNTY, COLORADO FROM R-15 (RESI~IAL) TO R-6
(RESIDENTIAL) AND PLACING A PLANNED UNIT DEVELOPMENT (PUD)
OVERLAY ON ALPINE ACRES LOTS 4 AND 5
I( 2 Ai.' ., 1<, 1'1
BOOK 547 PAGE196
ORDINANCE NO. ~~
(Series of 1987)
.to.
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WHEREAS, an application and petition have been submitted by
Joseph Dunn, Charles Bishop and other owners of the Alpine Acres
Subdivision to rezone to R-6 (Residential) Alpine Acres and to
place a Planned Unit Development Overlay on Alpine Acres Lots 4,
subsequently resubdivided Lots 4A & 4B, and Lot 5; and
WHEREAS, the subdivision is presently zoned R-15 (Residen-
tial); and
WHEREAS, all of the owners of Alpine Acres Subdivision have
agreed to request a voluntarily imposed maximum floor area (FAR)
of 2,486 square feet per dwelling unit; and
WHEREAS, as part of the rezoning request, Joseph Dunn and
Charles Bishop have submitted a subdivision exception request for
the purpose of creating two lots; and
WHEREAS, at a duly noticed public hearing held on July 21,
1987, the Aspen Planning and Zoning commission did recommend that
the subdivision exception and rezoning be approved; and
WHEREAS, the application has been found to be generally
consistent with Section 24-12.5 of the Land Use Code which
establishes criteria for rezoning; and
WHEREAS, the City Council has found that due to the existing
narrow lots _and large front yard setbacks of Lots 4 and 5 a
Planning Unit Development Overlay is appropriate so to allow for
the creation of new lots not meeting the minimum lot width
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BOOK
547' PAG:197
requirement and to maintain the existing character of the front
yard setbacks; and
WHEREAS, the Aspen City Council has considered the recommen-
dation of the Planning and Zoning commission and has determined
the proposed rezoning to be compatible with surrounding zone
districts and land use in the vicinity of the site.'
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby rezone to R-6 the Alpine Acres Subdivi-
sion and place on Lots 4 and 5 of Alpine Acres a Planned Unit
Development (PUD) overlay subject to the following conditions
voluntarily imposed by the subdivision property owners:
A. Each dwelling unit in Alpine Acres shall be restricted
to a maximum countable floor area of 2,486 square feet.
B. Front yard setbacks of Lots 4 and 5, and subsequently
resubdivided Lots 4A and 4B, shall be a minimum of 25
feet; and
C. The minimum lot width of newly created Lots 4A and 4B
shall be approximately 45 feet and 39 feet respect-
ively.
Section 2
That the Zoning District Map be amended to reflect the
rezoning described in Section 1 and the City Engineer be author-
ized and directed to amend the map to reflect the zoning change.
Section 3
That the city Clerk is directed upon adoption of this
ordinance to ~ecord a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
<
Section 4
BOOK 547 PAGE19S
If any section, sUb-section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 5
A public hearing on the Ordinance will be held on the /~~
of ~-:rd1:.i'tJuJ , 1987 at 5:00 P.M. in the City Council Chambers,
I
Aspen city Hall, Aspen, Colorado, fifteen (l5) days prior to
which hearing notice of the same was published once in a news-
paper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the /6 >4~ of a_.iLlt~,,--r
.:/
1987.
~.~~
William L. stirling, Mayor
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;' ATTEST: '.,
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~"':'q)'~.~~~"{~'Y adopted, passed and approved this g~ay o~ttJ
1987.
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.;2 737-07<1- O'd-003
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DATE RECENED: ~/02~/Y/ CASE NO. //A -8'7
DATE RECENED COMPLETE:__ STAFF: ';:,...l...vL.
~;;'~;~~~;5;~1;~:~i!;J/#;{b~~f~~~O:~Zo~,
REPRESENTA'l'NE: ,John Ke II~
Representative Address/Phone: 117 s. Sf'n'V)d_~=2lsr\'n, (() 5-/0//0
Type of Application:
GMP/Subdivision!PUD
~
CASELOAD SUMMARY SHEET
City of Aspen
1.
1. Concep:ual Submission
2. preliminary Plat
3. Final Plat
20
12
6
$2,730.00
I , 6 40 . 0 0
820 .00
II. Subdivision/PUD
1. Concept.ual Cubmi 3'Si6i-{'~"'.
2. preliminary Plat
3. Final Plat
14
9
6
$1.900.00-
1,220.00
820.00
III. All "Two Step" Appl ications
IV. All "One Step" Appl ications
V. Referral Fees - Environmental
Heal t h, Housing Office
11
$1,490.00
5
$ 680.00
..
$
50.00
(
1. Minor Applications
2
2. Major Applications
Referral Fees-
Engineering
Minor Applications
Major Applications
5
$ 125.00
80.00
200.00
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GfY CC
MEETING DATE: /I,', ),), :}.::;;. PUBLIC HEARING: - @
DATE REFERRED: 'J. 'ffINITIALS: ~
NO
---------------------------
---------------------------
REFERRALS:
,/'
v
Ci ty Atty
Ci ty Engi neer
Hous i ng Di r:.
Aspen ~iater
City Electric
Envir:. Hlth.
Aspen Consolo S.D. ____ School District
Mtn. Bell ____ Rocky Mtn. Nat. Gas
Parks Dept. ____ StateHwy Dept (Glenwd)
Holy Cross Electric ____ Statellwy Dep: (Gr:.Jtn)
Fire Marshall -.L Bldg: Zoning/lnspectn
Fire Chief ____ Other:
Roaring Fork Transit _____ Roaring Fork Energy Center
===========================================11==========================
"INAL ROUTING: DATE ROUTED: '0.~6~or-- INITIAL:~
I City Atty ~ City Engineer / Building Dept.
Other:
Other:
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CASE DISPOSITION
ALPINE ACRES REZONING
BISHOP/DUNN LOT SPLIT
PLANNING AND ZONING COMMISSION RECOMMENDATION: On July 21, 1987
the Planning and Zoning commission recommended to City Council
approval of rezoning Alpine Acres from R-15 to R-6 and placing a
PUD Overlay on Alpine Acres Lots 4 (A&B) and 5 with the following
conditions voluntarily imposed by the subdivision property
owners:
a. Each dwelling unit will be restricted to a maximum of
countable floor area of 2,486 square feet;
b. Front yard setbacks of Alpine Acres Lots 4 and 5 shall
be a minimum of 25 feet;
c. The minimum lot width of newly created parcels Lots 4A
and 4B resulting from the Bishop/Dunn lot split shall
be approximately 45 feet (Lot 4A) and 39 feet (Lot 4B);
d. The street name on the Alpine Acres plat (silverking
Drive) should be clarified as to its current name
(Matchless Drive); and
e. Owners of Lot.', 5 shall bring in signed statements
endorsing PUD Overlqy of their properties to Council.
P&Z recommended approval of the requested Bishop/Dunn subdivision
exception for the purpose of a lot split subject to the three
conditions listed below.
CITY COUNCIL ACTION: Rezoning: On september 14, 1987 city Council
adopted Ordinance 35 (Series of 1987) rezoning Alpine Acres from
R-15 to R-6. Conditions a., b., and c. stated above and volun-
tarily imposed by the subdivision owners are included in Ordi-
nance 35.
Lot Split: On September 14, 1987 City Councl approved the
requested subdivision exception for the purpose of splitting Lot
4, Alpine Acres into Lots 4A and 4B subj ect to the following
conditions:
1) A subdivision exception plat shall be filed with the
County Clerk and Recorder's Office meeting the require-
ments of Section 20-15 of the Municipal Code to the
satisfaction of the City Engineer. Included on the
plat shall be lot areas, all easements and rights-of-
way, and area under access easements.
2) A statement of subdivision exception, shall be filed
with the county Clerk and Recorder's Office to the
satisfaction of the city Attorney. Included in the
statement shall be:
a. Agreement by the applicants to join any improve-
ment district formed in the future affecting the
property; and
b.
Both residences shall
than 6 month minimum
tenancies allowed, as
3.7(0) of the Municipal
be restricted
leases with
provided in
Code.
to no less
two shorter
section 24-
3) The subdivision exception plat shall not be reviewed
and approved by the Council until Alpine Acres Lots 4A
and 4B and 5 are rezoned to R-6 (PUD).
alpacmemo2
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April 23, 1987
Planning and zoning Commission--City of Aspen
Aspen City Council
Aspen/Pitkin Planning Office
Re: Rezoning Request -- Alpine Acres
Subdivision -- R-15 to R-6 -- Dunne
Ladies and Gentlemen:
This matter is an
Acres Subdivision from
tiated this request.
application for Rezoning of the Alpine
R-15 to R-6. The City Council ini-
The purpose of the rezoning request is to permit modest
expansion of the existing Victorians as Unit 1 and Unit 2
Alpine Acres Subdivision. The undersigned submitted on
October 25, 1986, an application for subdivision exemption for
a lot split in order to change the existing condominiums into
two single family residences. The entire application was
based on the assumption that the property was zoned R-6, as is
indicated on the official zoning map. Subsequent to our
application, as a result of Planning Office research, it was
determined that the property was actually zoned R-15 and that
the map was in error.
The problem faced by the undersigned is basically that
under the current zoning, our property can only be expanded as
a duplex structure. The two units have been physically
separate for many years prior to our ownership, and are in
fact, no longer a duplex. To reconvert the cottages into a
duplex would violate the principals of historic preservation
and sound architectural planning. To retain the architectural
integrity of the mining cottages, they should be improved
separately and this is impossible under the current zoning. A
rezoning to R-6 will enable us to go forward with our lot
split applications and continue with our improvement plan.
Any plans actually approved would, of course, be subject to
HPC review.
steve Burstein
June 8, 1987
page 2
All owners of the units have signed the Petition except
the owners of the Racquet club Condominiums. They have
verbally indicated they will sign, based on a voluntary 2500
square foot FAR restriction, but wish to wait until next week
when Nick Coates returns. We would request that you put us on
an agenda. If for some reason the Racquet Club owners have
not signed by then, you could withdraw the application.
2. Enclosed herewith are the following:
I. plat of Alpine Acres Subdivision;
2. Annexation Map prepared by Tri-Co (now AlpinE
Surveys;
3. Condominium Map for
4. Condominium Map for
5. Condominium Map for
6. Condominium Map for
Alpine Acres
Racquet Club
Alpine Acres
Alpine Acres
Condominium #1;
Condominiums;
Condominium #4;
Condominium #5;
I have personally examined the records of the Clerk and
Recorder since the filing of these Condominium Maps and find
no other easements other than the 2- foot easement recorded in
Book 321 at page 326. Accordingly, it is my position that you
have in your possession accurate surveys of all the rrnperty
in the form of the City approved licensed surveyor eel :ified
Condominium Maps.
3. The envelopes are enclosed.
4. The information you request is as follows:
(a) Size:
Lot 1 - 19,116 square feet, +
Lot 2 - 15,890 square feet, +
Lot 3 - 15,890 square feet, +
Lot 4 - 15,890 square feet, +
-
Lot 5 - 16,425 square feet, +
steve Burstein
June 8, 1987
Page 3
(b) Square footage existing units
Lot 1, Unit 1 - 885; unit 2 - 1475;
Lot 2, Unit 1 - 1675; Unit 2 - 1675;
Lot 3, Unit 1 - 1675; Unit 2 - 1675;
Lot 4, Unit 1 - 950; Unit 2 - 1050;
Lot 5, Unit 1 - 800; Unit 2 - 1075.
(c) Permitted FAR under current zoning (R-15)
Lot 1, Unit 1 - 2583 sq.ft. ; Unit 2 - 2583 sq.ft.
Lot 2, Unit 1 2486 " " Unit 2 2486 " "
Lot 3, unit I 2486 " " Unit 2 2486 " "
Lot 4, Unit 1 2486 " " Unit 2 2486 " "
Lot 5, Unit I 2503 " " Unit 2 2503 " "
(d) Permitted FAR under proposed zoning (R-6)
Lot 1, Unit 1 - 4118 sq.ft. ; Unit 2 - 4118 sq.ft.
Lot 2, Unit 1 3795 " " Unit 2 3795 " "
Lot 3, unit 1 - 3795 " " Unit 2 3795 " "
Lot 4, Unit 1 3795 " " Unit 2 3795 "
Lot 5, Unit I 3859 " " Unit 2 3859 " "
The FAR calculations were made by my clients after
consultation with Bill Drueding of the Building Department.
5. In our opinion, the only potential for lot splits
would involve my clients' Lot 4 and the Hass/Anderson Lot 5.
The reason for this is that the structures on Lots 1, 2 and 3
are true duplexes which are physically not susceptible to
separation without virtually destroying the buildings. This
is so unlikely that I do not believe the City should be
concerned. The Hass' and the Anderson's could, of course,
apply for a split as have my clients.
steve Burstein
June 8, 1987
page 4
6. Regarding the FAR restriction in the zoning
ordinance, it should initially be pointed out that it applied
to the unimproved lots (2 and 3, Alpine Acres. These lots
contain the Racquet club Condominiums and the expansion of
those condominiums is so remote as to be of little concern to
the City. These units slightly exceed the FAR restriction,
but it is arguable that the restriction did not apply since
when the Racquet club Condominiums were built, as the rezoning
had not been completed as the Map was not amended as the Code
requires. Lots 1, 5 and 4 have been improved since the early
'60's, well before annexation and rezoning. while a P.ll.D.
overlay was discussed, at the time the Council apparently
thought it unnecessary since they did not enact P.ll.D. zoning.
In any event, we do not think P.ll.D. is necessary or
appropriate in this case.
7. The comments regarding historic designation are in
error. It had been my impression that they had incurred
higher rankings. My clients are not requesting designation at
this time.
8. Yes. As
previously filed
rezoning.
we discussed,
would proceed
the lot split
simultaneously
application
with the
conclusion: It is my impression that, as far as planning
is concerned, the chief problems you have with the rezoning is
the potential for future lot splits, the increased FAR
permitted under R-6. As stated above, barring demolition of
the structures on Lots 1, 2 and 3, the only real potential for
lot split exists on Lots 4 and 5. The only reason for a lot
split request would be to improve and modestly expand the
Victorian structures in an architecturally sound manner.
Currently these buildings can only be expanded as duplexes
which could be disastrous from an architectural standpoint.
The second major planning concern is size. Initially, I
would like to point out that none of the owners of the
steve Burstein
June 8, 1987
page 5
subdivision want to see huge edifices sprout up which are out
of scale with the neighborhood. Accordingly, all of the
owners have agreed that they would be willing to have a
voluntary external FAR restriction of 2,500 square feet per
dwelling unit. This could be written into the zoning
ordinance and could also be placed of record as a private
covenant running with the land, should counsel so desire.
I would appreciate your putting this matter on the agenda
as soon as possible. My clients have put a great deal of time
and money into what is essentially a simple matter. Thank you
for your kind cooperation.
very
JTK/og
Enclosures
cc: Chip Bishop
Joe Dunn
Brent Waldron
code dunnbish.ltr
MEMORANDUM
FROM:
Aspen City council
Robert S. Anderson, Jr., City Manager ~
steve Burstein, Planning Office ~
Alpine Acres Rezoning (1st reading) and Bishop/Dunn Lot
Split
TO:
THRU:
RE:
DATE:
August 10, 1987
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office and Planning Commission recommend
1st reading approval of the requested rezoning. Action on the
lot split should be deferred until the second reading of the
Ordinance.
LOCATION: The Alpine Acres Subdivision is situated to the north
of Gibson Avenue in the Smuggler Neighborhood. The existing
residences are located off of Matchless Drive, Herron Drive and
Gibson Avenue.
CURRENT BUILD-OUT OF THE SUBDIVISION: Duplexes are located on
Lots 1,2 and 3. Four small victorian houses are located on Lots
4 and 5. The victorians had once been connected by carports to
form duplexes; however, at this time they are single family
residences.
SITE DESCRIPTION: The subdivision is located on a flat area
overlooking the rest of the neighborhood. There are five (5)
lots on 2.7 acres. Trees planted apparently at the time of
original subdivision are becoming mature. The large front yards
on Matchless Drive create a spaciousness for the setting of the
little victorians.
CURRENT ZONING: R-15
APPLICANT'S REQUEST: Owners of the Alpine Acres Subdivision
request rezoning from R-15 to R-6. A voluntary external FAR
restriction of 2,500 square feet per dwelling unit is proposed as
a condition of rezoning and a covenant restriction on the
subdivision. Dunn and Bishop, owners of Lot 4, also request a
subdivision exception for the purpose of a lot split of Lot 4 on
which two single-family dwelling units presently exist.
SURROUNDING ZONING AND LAND USES: The Smuggler Mobile Home Park,
zoned MHP (SPA), borders Alpine Acres to the west. The Sunny
Park and Sunny Park North Subdivisions are east of Alpine Acres,
zoned RMF and contain mUlti-family structures. The area south of
r".....
Gibson Avenue is zoned R-15A and contains mainly single family
houses. To the north are the Court Club tennis courts outside the
city limits zoned R-15. See Map 1 attached.
BACKGROUND: Alpine Acres Subdivision was approved by the Pitkin
County Board of County Commissioners in 1964. The victorians
were moved by developer Luke Anthony from elsewhere in Aspen
during the late 1960's. Alpine Acres was annexed into the city
of Aspen and zoned R-15 through Ordinances 33 and 69 (Series of
1976) .
Conditions of the R-15 zoning included in Ordinance 69 (Series of
1976) read as follows:
"(a) that each duplex dwelling unit proposed to be construc-
ted upon the unimproved lots within the area be limited to a
maximum external FAR of 1,600 square feet per unit; or
comply with any applicable FAR regulation effective at the
time of permit issuance, whichever is more restrictive;
(b) that no residential units constructed on the unimproved
tracts within the annexed area be leased for any period of
less than six (6) successive months; or, in the alternative
be leased not more than twice for short term periods within
any calender year (in addition to occupancy by the owners or
any lessee for a six-month lease term; and,
(c) that, by adoption of the R-15 zoning category for the
unimproved lots, the city shall not be precluded from
reconsideration of the appropriateness of these sites for
high density employee housing construction in the future."
All of
1977 .
units.
the duplexes (Lots 1,2,3,4 & 5) were condominiumized in
six month minimum lease restrictions were applied to all
In November of 1986, Joseph Dunn and Charles Bishop submitted an
application for a lot split of Lot 4, Alpine Acres. In research-
ing this request, staff discovered that the subdivision was zoned
R-15 rather than R-6 as the official zoning map showed. Conse-
quently, this lot split could not be accommodated because two
lots non-conforming in minimum lot area would have been created.
In January, 1986, City Council initiated rezoning proceedings for
the Alpine Acres SUbdivision, without making a statement as to
whether Council favored or opposed the requested zone change.
A. REZONING PROBLEM DISCUSSION:
REFERRAL COMMENTS:
1. Engineering Department: Elyse Elliott made the follow-
2
"
ing comments in her July 13, 1987 memorandum:
a) A plat should be submitted that meets the require-
ments of section 20-15. In particular, we would
like to see adequate right-of-way (Matchless Dr.,
Herron Dr., Silver King and Gibson Street), all
structures, utilities and easements. Also, any
conditions of approval must be noted on the plat;
and
b) The applicants should be required to join any
future improvement districts.
2. City Attorney: The city Attorney noted in a July 8,
1987 memo that the application has been submitted in
accordance with their prior recommendation.
PLANNING OFFICE COMMENTS:
The Planning Office offers the following comments in
response of the criteria of rezoning stated in Section 24-
12.5(d) :
REZONING CRITERIA 1:
"Compatibility of the rezoning proposal with the surrounding
zone districts and land use in the vicinity of the site,
considering the existing neighborhood characteristics, the
applicable area and bulk requirements, and the suitability
of the site for development in terms of on-site character-
istics."
Response:
Both neighborhood characteristics and on-site charac-
teristics must be reviewed to respond to this rezoning
criteria. The Smuggler Neighborhood has a mixed residential
character, in existing land use and zone districts. In the
immediate vicinity of Alpine Acres are a mobile home park,
single-family houses, duplexes and mUlti-family buildings in
the respective MHP, R-15A and RMF zone districts.
We note that in this mix of zoning there appears to be a
pattern of lower density R-15 along the northern city limit
east of the Smuggler Home Park. This pattern supports the
concept of density dropping away towards the mountain edge
(Smuggler Mountain). The higher density R-6 is further
south within the neighborhood and not contiguous to Alpine
Acres (see Map #1). However, Alpine Acres is a developed
subdivision with density more similar to R-6 than R-15 as
those zone districts requirements are currently defined. We
find the present zoning to be compatible with the neighbor-
3
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ing zoning while the proposed rezoning to R-6 is principally
compatible with the neighborhood as it has developed.
On-si te characteristics of Alpine Acres pertaining to the
issue of suitability for rezoning include:
o Placement of small victorians on large narrow lots
along Matchless Drive with large front yard set-backs
(approximately 27 feet);
o
Siting
Drive
Avenue
and
and scale
achieving
and most
of the Court Club duplexes off Herron
minimal visual impacts from Gibson
other locations in the neighborhood;
o Abundant green space throughout the subdivisions.
In an effort to preserve the above qualities of the subdivi-
sion, the applicants propose an FAR restriction of 2,500
square feet per dwelling unit. Appendix Table 1 gives lot
area and build-out data to help place the FAR limitation in
perspective. The allowable duplex FAR for the lots is
approximately 5,000 sq. ft. 2,486 sq. ft. per dwelling unit
is the same maximum bulk now allowed for the duplexes on 3
of the 5 lots. The residents had agreed on this FAR cap
based on not wanting to decrease their present FAR. We also
note that the allowed single-family FAR potential, varying
from 3,860 to 4,119 sq. ft., is far in excess of the
proposed 2,486 sq. ft.
Staff notes that potential expansions or redevelopment of
the existing structures to the 2,500 sq. ft. per dwelling
unit would double and triple the current size of the
structures on Lots 1, 4 and 5 and would increase by a third
the size of the Court Club duplexes on Lots 2 and 3. From
this point of view, it is questionable that the purpose
stated in the application of ". . . preserving and enhancing
a victorian enclave in East Aspen" would be served by the
proposed expansion capability.
The Planning and Zoning commission recommend acceptance of
2486 sq. ft. FAR limitation. Reasons include: (1) this FAR
limitation retains the bulk currently allowed by the
existing zoning for duplex structures, (2) all members of
the subdivision agreed to this number, (3) this FAR is still
significantly lower than the maximum allowed single-family
FAR if each lot were split, and (4) it is possible to design
a 2,500 sq. ft. house on a split lot with compatible massing
and bulk in relation to the existing structures. The
Planning Office recommended to P&Z that 1,800 sq. ft. would
be a preferable maximum FAR because it would allow 700 to
1,000 sq. ft. expansions to the small victorians in keeping
4
with the anticipated Dunn and Bishop
essentially keep the Court Club
current 1,600 sq. ft. limitations.
improvements, and would
Condominiums at their
Regarding set-backs and lot widths, P&Z and staff suggest
that it is in the best interest of the subdivision to
establish minimum distances that preserve the existing
character of Lots 4 and 5 along Matchless Drive.
The Planned unit Development (PUD) is the most appropriate
zoning overlay to accomplish site specific area and bulk
concerns (including FAR). PUD would allow for a public
process in the event that the subdivision was significantly
redeveloped. If major redevelopment is proposed, a PUD plan
would be prepared to address the scale of new construction
as it relates to existing residences, establishing compati-
ble front yard dimensions and preserving resident I s views.
PUD also allows for reducing required lot width, which is
necessary now to accomplish the Bishop/Dunn lot split, as
discussed below.
It should be noted that single-family house construction,
reconstruction and additions are automatically exempt from
PUD and that this designation is, therefore, not burdensome
to existing owners. For example, the Bishop and Dunn
improvements would not require review due to the PUD
overlay. In addition, because the other units are condomin-
iumized, reconstruction and additions are currently subject
to platting requirements. As currently set up, a PUD
amendment for duplex development activity would requrie P&Z
and Council review. Consequently, al terations to these
structures in Alpine Acres would be subject through PUD to a
two step process, the same as a condominiumization plat
amendment is likely to be handled.
The Planning and zoning Commission recommends PUD overlay of
Alpine Acres Lots 4 and 5. These particular lots are too
narrow for lot splits and contain especially large front
yards setbacks that should be preserved. P&Z had reserva-
tions about a PUD overlay on the entire subdivision because
duplex alterations would then be subject to PUD review; and
there appears to be no special environmental or neighborhood
concerns warranting PUD review. staff had recommended PUD
overlay on the entire Alpine Acres Subdivision because the
particular area and bulk variations for Lots 4 and 5 would
require PUD, and we felt that consistency in zoning designa-
tion is more logical and better serves the entire area
particularly if major redevelopment were to occur.
5
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REZONING CRITERIA 2:
"Impacts of the rezoning upon expected traffic generation
and road safety, availability of on-and off-street parking
and ability to provide utility service in the vicinity of
the site, including an assessment of the fiscal impact upon
the community of the proposed rezoning."
Response
staff concurs with the applicants that rezoning would create
no additional adverse effect on traffic, parking, utilities
or fiscal impact on the community because no additional
density is expected to occur.
REZONING CRITERIA 3
"Impacts of the rezoning upon expected air and water quality
in the vicinity of the site."
Response
No additional adverse impacts would be expected to occur in
air and water quality from rezoning.
REZONING CRITERIA 4
"Analysis of the community need for the proposed
and an assessment of the relationship of the
proposal to the goal of overall community balance."
rezoning
rezoning
Response
It appears to be in the best interests of the community to
allow rezoning of Alpine Acres so to facilitate owners of
the victorians to improve those structures.
REZONING CRITERIA 5
"Compatibility of the proposed rezoning with the Aspen Area
General Plan of 1966, as amended."
Response
The 1973 Aspen Land Use Plan shows Alpine Acres in the
"single-family residential" future land use category. The
proposed rezoning to R-6 continues to be consistent with the
Land Use Plan.
REZONING CRITERIA 6
"Whether the proposed rezoning will promote the health,
6
....-',
...,
safety and general welfare of the residents and visitors to
the city of Aspen."
Response
The proposed rezoning appears to have no adverse effects on
the general welfare of Aspen.
ADVISORY COMMITTEE VOTE: On July 21, 1987 the Planning and Zoning
commission recommended to City Council approval of rezoning
Alpine Acres from R-15 to R-6 and placing a PUD Overlay on Alpine
Acres Lots 4 (A&B) and 5 with the following conditions voluntar-
ily imposed by the subdivision property owners:
a. Each dwelling unit will be restricted to a maximum of
countable floor area of 2,486 square feet;
b. Front yard setbacks of Alpine Acres Lots 4 and 5 shall
be a minimum of 25 feet;
c. The minimum lot width of newly created parcels Lots 4A
and 4B resulting from the Bishop/Dunn lot split shall
be approximately 45 feet (Lot 4A) and 39 feet (Lot 4B);
d. The street name on the Alpine Acres plat (Silverking
Drive) should be clarified as to its current name
(Matchless Drive); and
e. Owners of Lots 5 shall bring in signed statements
endorsing PUD Overlay of their properties to Council.
RECOMMENDED MOTIONS:
"Move to read Ordinance ~.; (Series of 1987)"
"Move to approve Ordinance -35"' (Series of 1987) on first
reading"
B. DUNN/BISHOP SUBDIVISION EXCEPTION PROBLEM DISCUSSION:
Council action on the requested lot split should not occur
until second reading and adoption of the rezoning ordinance.
Otherwise, non-conforming lots would be created in violation
of the subdivision regulations. The following information
is provided for background purposes only.
Staff has analyzed whether the newly created lots conform to
all R-6 area and bulk requirements. Lot 4, Alpine Acres
contains approximately 15,890 square feet. The proposed lot
split subdivision exception would create two lots approxi-
mately 8,610 square feet (Lot 4A) and 7,280 square feet (Lot
4B) in size. After subtraction of the 20 foot wide access
7
easement from the two tracts (approximately 1,600 sq. ft.,
divided between the 2 lots), the lots would still contain in
excess of the required 6,000 square feet of lot area. All
setbacks, height, and floor area ratio requirements would be
met under R-6 zoning. The only requirement not met is the
minimum lot width of 60', as the proposed parcels are
approximately 47' and 39' feet wide respectively. There-
fore, the only way this subdivision can be created is via
PUD approval of a variation in lot width in conjunction with
the rezoning of the property to R-6 (PUD).
8
APPENDIX
TABLE 1
ALPINE ACRES LOT AREA AND FLOOR AREA RATIO
Lot Existing Allowable Allowable R-15 Proposed
Area Floor Area* Duplex FAR** single-Family Rezoning FAR
(s. f.) (s.f. ) FAR*** FAR
Restriction
Lot 1 19,116 2,360 5,167 8,238 5,000
Unit 1 885 4,119 2,500
Unit 2 1,475 4,119 2,500
Lot 2 15,890 3,350 4,973 7,568 3,200 5,000
Unit 1 1,675 3,784 1,600 2,500
Unit 2 1,675 3,784 1,600 1,500
Lot 3 15,980 3,350 4,973 7,568 3,200 5,000
Unit 1 1,675 3,784 1,600 2,500
1,675 3,784 1,600 2,500
Lot 4 15,890 2,000 4,973 7,568 5,000
Unit 1 950 3,784 2,500
Unit 2 1,050 3,784 2,500
Lot 5 16,425 1,875 5,005 7,718 5,000
Unit 1 800 3,859 2,500
Unit 2 1,075 3,859 2,500
Prepared by the Aspen/Pitkin Planning Office, July, 1987.
* Floor area calculations were provided by the applicant.
**FAR has been calculated based on the assumption that the existing
lot's total land area would apply to FAR measurement. Area used
for access easement has not been deducted.
***Single-family FAR has been calculated based on the assumption that
each existing lot was evenly split into two parcels for development
of single-family residences.
alpacmemo
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LOT 4 ALPINE ACRES LOT SPLIT PROPOSAL
MA'lrCHJLESS DRIVE
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JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
TELEPHONE (3031 925-1216
April 23, 1987
Mr. steve Burstein
City of Aspen
Planning & Zoning Dept.
130 South Galena
Aspen, CO 81611
Re: Bishop/Dunn Rezoning of
Alpine Acres subdivision
Dear Steve:
Enclosed herewith is a rezoning data for Alpine Acres
which was initiated by the City. A check for the application
is enclosed, along with a map, list of property owners within
and a petition of the owners within the subdivision. There
are two owners who have not signed as yet. These are the
Racquet Club Condominiums, a partnership and the Haas's who
were unavailable to sign (they were out of town). Both have
verbally indicated they do not object and we should have their
written approval within two weeks. Since this is a City
initiated change, their written consent is not technically
required so I would hope you could begin processing the
rezoning.
If you need anything further, please don't hesitate to
contact my office.
JTK/og
Enclosures
very tr~rs,
~- --- .--------.
John Thomas Kelly
-
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"
Petition for Rezoning
The undersigned, being all of the owners of the Alpine
Acres Subdivision, do hereby petition the City Council of the
City of Aspen, Colorado, to rezone the Alpine Acres Subdi-
vision from R-15 to R-6 in accordance with Section 24-12.5 of
the Municipal Code of the City of Aspen and allege as follows:
1. That such rezoning is desirable and necessary.
2. That the legal description of the property to be
rezoned is as follows:
Lots 1, 2, 3, 4 and 5, Alpine Acres Subdivision,
Pitkin county, Colorado
3. That the undersigned are all of the owners of said
subdivision.
4. The undersigned request that the property be rezoned
from R-15 to R-6.
cflv tt/~4
Peter Wi rth
I
OWNERS:
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LUC{f);n:!~/J1M../
Barbara Tarbet
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Charles o. Bishop .,~
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Michael l1aas
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Chnstine . Haas
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CONSENT TO REZONING
The undersigned, being all of the owners of Lot 5, Alpine
Acres Subdivision, hereby consent to the rezoning of Lots 4
and 5, Alpine Acres Subdivision, from R-15 to R-6 P.U.D., with
G. voluntary F.A.R. of 2,456 square feet per dwelling unit.
.~# /,//~/
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Michael F. Ha33 jt/A~
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Christine p. ~ A
~taQ( ~AA-lJ~ \:oJvl~
illiam G:- Peterson
'&LAJ;f (\)1 iLl ':n.-"
Shirley . Peterson
JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN, COLORADO 81611
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TELEPHONE (303) 925-1216
June 8, 1987
Mr. steve Burstein
Planning Department
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Alpine Acres Rezoning
Dear Steve:
The purpose of this letter is to supplement our previous
application for rezoning and address those items raised in
your letter of May 1, 1987.
Item 1
as follows:
Ownership. The ownership of the subdivision is
Lot 1, Alpine Acres. Unit 1 - Barbara and Joe Tarbet
(Alpine Acres Condominiums #1) Unit 2 - Peter Wirth
Lot 2, Alpine Acres. Unit 3 - Nick Coates
(Racquet Club Condominiums) unit 4 - Betty Coates
Lot 3, Alpine Acres. unit 1 - Brent Waldron
(Racquet club Condominiums) Unit 2 - Lee Lyons
Lot 4, Alpine Acres. Unit 1 - Charles Bishop
(Alpine Acres Condominiums #4) unit 2 - Lucy & Joe Dunn
Lot 5, Alpine Acres. Unit 1 - Michael F. & Christine P.
(Alpine Acres Condominiums #5) Hass
Unit 2 - William G. and Shirley H.
Peterson
. Planning & Zoni.
April ,1987
Page -2-
Commission
We feel that the rezoning request is appropriate based on
the following:
1. Applicants have already gone to great expense in
their subdivision exemption based on a good faith reliance on
the R-6 designation shown on the official zoning map.
2.
adverse
health,
The rezoning would permit no additional density,
traffic or parking impacts, or in any way effect the
welfare or safety of the citizens of Aspen.
3. The neighborhood is a mix of single-family and
multi-family residences. The applicants' properties are part
of a group of four victorian miners cottages which at one time
were duplexes but are now physically separate. The rezoning
is therefore appropriate for the surrounding community and
will preserve and enhance a "Victorian enclave" in East Aspen.
4. There is a need for the rezoning in order to
the owners of the subdivision to orderly improve
historic properties in a way which is architecturally
which is a goal we believe Council supports.
permit
these
sound,
Attached are the following:
1. List of property owners within 300 feet;
2. Aerial survey map; and
3. Consent of
Subdivision.
all owners
of the
Alpine
Acres
please let us know if you need anything further and we
would appreciate a hearing date before the Planning and Zoning
Commission as soon as possible.
Respectfu
/
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MEMORANDUM
FROM:
Aspen City Council
Robert S. Anderson, Jr., city Manager jC~~
steve Burstein, Planning Office ~
Alpine Acres Rezoning (2nd reading) and Bishop/Dunn Lot
Split
TO:
THRU:
RE:
DATE:
September 14, 1987
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The Planning Office and Planning Commission recommend
2nd reading approval of the requested rezoning and approval of
the requested lot split of Alpine Acres Lot 4.
LOCATION: The Alpine Acres Subdivision is situated to the north
of Gibson Avenue in the Smuggler Neighborhood. The existing
residences are located off of Matchless Drive, Herron Drive and
Gibson Avenue.
CURRENT BUILD-OUT OF THE SUBDIVISION: Duplexes are located on
Lots 1,2 and 3. Four small victorian houses are located on Lots
4 and 5. The victorians had once been connected by carports to
form duplexes; however, at this time they are single family
residences.
SITE DESCRIPTION: The subdivision is located on a flat area
overlooking the rest of the neighborhood. There are five (5)
lots on 2.7 acres. Trees planted apparently at the time of
original subdivision are becoming mature. The large front yards
on Matchless Drive create a spaciousness for the setting of the
little victorians.
CURRENT ZONING: R-15
APPLICANT'S REQUEST: Owners of the Alpine Acres Subdivision
request rezoning from R-15 to R-6. A voluntary external FAR
restriction of 2,500 square feet per dwelling unit is proposed as
a condition of rezoning and a covenant restriction on the
subdivision. Dunn and BishOp, owners of Lot 4, also request a
subdivision exception for the purpose of a lot split of Lot 4 on
which two single-family dwelling units presently exist.
SURROUNDING ZONING AND LAND USES: The Smuggler Mobile Home Park,
zoned MHP (SPA), borders Alpine Acres to the west. The sunny
Park and Sunny Park North Subdivisions are east of Alpine Acres,
zoned RMF and contain multi-family structures. The area south of
Gibson Avenue is zoned R-15A and contains mainly single family
,.....
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houses. To the north are the Court Club tennis courts outside the
city limits zoned R-15. See Map 1 attached.
BACKGROUND: Alpine Acres Subdivision was approved by the Pitkin
County Board of county Commissioners in 1964. The victorians
were moved by developer Luke Anthony from elsewhere in Aspen
during the late 1960's. Alpine Acres was annexed into the city
of Aspen and zoned R-15 through Ordinances 33 and 69 (Series of
1976).
Conditions of the R-15 zoning included in Ordinance 69 (series of
1976) read as follows:
"(a) that each duplex dwelling unit proposed to be construc-
ted upon the unimproved lots within the area be limited to a
maximum external FAR of 1,600 square feet per unit; or
comply with any applicable FAR regulation effective at the
time of permit issuance, whichever is more restrictive;
(b) that no residential units constructed on the unimproved
tracts within the annexed area be leased for any period of
less than six (6) successive months; or, in the alternative
be leased not more than twice for short term periods within
any calender year (in addition to occupancy by the owners or
any lessee for a six-month lease term; and,
(c) that, by adoption of the R-15 zoning category for the
unimproved lots, the City shall not be precluded from
reconsideration of the appropriateness of these sites for
high density employee housing construction in the future."
All of
1977 .
units.
the duplexes (Lots 1,2,3,4 & 5) were condominiumized in
six month minimum lease restrictions were applied to all
In November of 1986, Joseph Dunn and Charles Bishop submitted an
application for a lot split of Lot 4, Alpine Acres. In research-
ing this request, staff discovered that the subdivision was zoned
R-15 rather than R-6 as the official zoning map showed. Conse-
quently, this lot split could not be accommodated because two
lots non-conforming in minimum lot area would have been created.
In January, 1987, City Council initiated rezoning proceedings for
the Alpine Acres Subdivision, without making a statement as to
whether Council favored or opposed the requested zone change.
A. REZONING PROBLEM DISCUSSION:
REFERRAL COMMENTS:
1. Engineering Department: Elyse Elliott made the follow-
ing comments in her July 13, 1987 memorandum:
2
...."'.
...,
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a) A plat should be submitted that meets the require-
ments of section 20-15. In particular, we would
like to see adequate right-of-way (Matchless Dr.,
Herron Dr., Silver King and Gibson Street), all
structures, utilities and easements. Also, any
conditions of approval must be noted on the plat;
and
b) The applicants should be required to join any
future improvement districts.
2. City Attorney: The City Attorney noted in a July 8,
1987 memo that the application has been submitted in
accordance with their prior recommendation.
PLANNING OFFICE COMMENTS:
The Planning Office offers the following comments in
response of the criteria of rezoning stated in Section 24-
12.5(d) :
REZONING CRITERIA 1:
"Compatibility of the rezoning proposal with the surrounding
zone districts and land use in the vicinity of the site,
considering the existing neighborhood characteristics, the
applicable area and bulk requirements, and the suitability
of the site for development in terms of on-site character-
istics."
Response:
Both neighborhood characteristics and on-site charac-
teristics must be reviewed to respond to this rezoning
criteria. The Smuggler Neighborhood has a mixed residential
character, in existing land use and zone districts. In the
immediate vicinity of Alpine Acres are a mobile home park,
single-family houses, duplexes and mUlti-family buildings in
the respective MHP, R-l5A and RMF zone districts.
We note that in this mix of zoning there appears to be a
pattern of lower density R-15 along the northern city limit
east of the Smuggler Home Park. This pattern supports the
concept of density dropping away towards the mountain edge
(Smuggler Mountain). The higher density R-6 is further
south within the neighborhood and not contiguous to Alpine
Acres (see Map #1). However, Alpine Acres is a developed
subdivision with density more similar to R-6 than R-15 as
those zone districts requirements are currently defined. We
find the present zoning to be compatible with the neighbor-
ing zoning while the proposed rezoning to R-6 is principally
3
JI""., /' "'.
',-,
compatible with the neighborhood as it has developed.
On-site characteristics of Alpine Acres pertaining to the
issue of suitability for rezoning include:
o Placement of small victorians on large narrow lots
along Matchless Drive with large front yard set-backs
(approximately 27 feet);
o
Siting
Drive
Avenue
and
and scale
achieving
and most
of the Court Club duplexes off Herron
minimal visual impacts from Gibson
other locations in the neighborhood:
o Abundant green space throughout the subdivisions.
In an effort to preserve the above qualities of the subdivi-
sion, the applicants propose an FAR restriction of 2,500
square feet per dwelling unit. Appendix Table 1 gives lot
area and build-out data to help place the FAR limitation in
perspective. The allowable duplex FAR for the lots is
approximately 5,000 sq. ft. 2,486 sq. ft. per dwelling unit
is the same maximum bulk now allowed for duplexes on 3 of
the 5 lots. The residents had agreed on this FAR cap based
on not wanting to decrease their present FAR. We also note
that the allowed single-family FAR potential, varying from
3,860 to 4,119 sq. ft., is far in excess of the proposed
2,486 sq. ft.
staff notes that potential expansions or redevelopment of
the existing structures to the 2,500 sq. ft. p~r dwelling
unit would double and triple the current S1ze of the
structures on Lots 1, 4 and 5 and would increase by a third
the size of the Court Club duplexes on Lots 2 and 3. From
this point of view, it is questionable that the purpose
stated in the application of ". . . preserving and enhancing
a victorian enclave in East Aspen" would be served by the
proposed expansion capability.
The Planning and zoning commission recommends acceptance of
2486 sq. ft. FAR limitation. Reasons include: (1) this FAR
limitation retains the bulk currently allowed by the
existing zoning for duplex structures, (2) all members of
the subdivision agreed to this number, (3) this FAR is still
significantly lower than the maximum allowed single-family
FAR if each lot were split, and (4) it is possible to design
a 2,500 sq. ft. house on a split lot with compatible massing
and bulk in relation to the existing structures. The
Planning Office recommended to P&Z that 1,800 sq. ft. would
be a preferable maximum FAR because it would allow 700 to
1,000 sq. ft. expansions to the small victorians in keeping
with the anticipated Dunn and Bishop improvements, and would
4
# ,
essentially keep the Court Club Condominiums at their
current 1,600 sq. ft. limitations.
Regarding set-backs and lot widths, P&Z and staff suggest
that it is in the best interests of the subdivision to
establish minimum distances that preserve the existing
character of Lots 4 and 5 along Matchless Drive.
The Planned unit Development (PUD) is the most appropriate
zoning overlay to accomplish site specific area and bulk
concerns (including FAR). PUD would allow for a public
process in the event that the subdivision was significantly
redeveloped. If major redevelopment is proposed, a PUD plan
would be prepared to address the scale of new construction
as it relates to existing residences, establishing compati-
ble front yard dimensions and preserving resident I s views.
PUD also allows for reducing required lot width, which is
necessary now to accomplish the BiShop/Dunn lot split, as
discussed below.
It should be noted that single-family house construction,
reconstruction and additions are automatically exempt from
PUD and that this designation is, therefore, not burdensome
to existing owners. For example, the Bishop and Dunn
improvements would not require review due to the PUD
overlay. In addition, because the other units are condomin-
iumized, reconstruction and additions are currently subject
to platting requirements. As currently set up, a PUD
amendment for duplex development activity would requrie P&Z
and Council review. Consequently, al terations to these
structures in Alpine Acres would be subject through PUD to a
two step process, the same as a condominiumization plat
amendment is likely to be handled.
The Planning and Zoning commission recommends PUD overlay of
Alpine Acres Lots 4 and 5. These particular lots are too
narrow for lot splits and contain especially large front
yard setbacks that should be preserved. P&Z had reserva-
tions about a PUD overlay on the entire subdivision because
duplex alterations would then be subject to PUD review; and
there appears to be no special environmental or neighborhood
concerns warranting PUD review. staff had recommended PUD
overlay on the entire Alpine Acres Subdivision because the
particular area and bulk variations for Lots 4 and 5 would
require PUD, and we felt that consistency in zoning designa-
tion is more logical and better serves the entire area
particularly if major redevelopment were to occur.
REZONING CRITERIA 2:
5
,..,..,
..
"Impacts of the rezoning upon expected traffic generation
and road safety, availability of on- and off-street parking
and ability to provide utility service in the vicinity of
the site, including an assessment of the fiscal impact upon
the community of the proposed rezoning."
Response
staff concurs with the applicants that rezoning would create
no additional adverse effect on traffic, parking, utilities
or fiscal impact on the community because no additional
density is expected to occur.
REZONING CRITERIA 3
"Impacts of the rezoning upon expected air and water quality
in the vicinity of the site."
Response
No additional adverse impacts would be expected to occur in
air and water quality from rezoning.
REZONING CRITERIA 4
"Analysis of the community need for the proposed
and an assessment of the relationship of the
proposal to the goal of overall community balance."
rezoning
rezoning
Response
It appears to be in the best interests of the community to
allow rezoning of Alpine Acres so to facilitate owners of
the victorians to improve those structures.
REZONING CRITERIA 5
"Compatibility of the proposed rezoning with the Aspen Area
General Plan of 1966, as amended."
Response
The 1973 Aspen Land Use Plan shows Alpine Acres in the
"single-family residential" future land use category. The
proposed rezoning to R-6 continues to be consistent with the
Land Use Plan.
REZONING CRITERIA 6
"Whether the proposed rezoning will promote the health,
safety and general welfare of the residents and visitors to
6
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,....
.L......
the City of Aspen."
Response
The proposed rezoning appears to have no adverse effects on
the general welfare of Aspen.
ADVISORY COMMITTEE VOTE: On July 21, 1987 the Planning and Zoning
Commission recommended to City Council approval of rezoning
Alpine Acres from R-15 to R-6 and placing a PUD Overlay on Alpine
Acres Lots 4 (A&B) and 5 with the following conditions voluntar-
ily imposed by the subdivision property owners:
a. Each dwelling unit will be restricted to a maximum of
countable floor area of 2,486 square feet;
b. Front yard setbacks of Alpine Acres Lots 4 and 5 shall
be a minimum of 25 feet;
c. The minimum lot width of newly created parcels Lots 4A
and 4B resulting from the Bishop/Dunn lot split shall
be approximately 45 feet (Lot 4A) and 39 feet (Lot 4B);
d. The street name on the Alpine Acres plat (silverking
Drive) should be clarified as to its current name
(Matchless Drive); and
e. Owners of Lots 5 shall bring in signed statements
endorsing PUD overlay of their properties to Council.
RECOMMENDED MOTION:
"Move to adopt Ordinance
reading."
(Series of 1987) on second
B. DUNN/BISHOP SUBDIVISION EXCEPTION PROBLEM DISCUSSION:
Council action on the requested lot split should not occur
until adoption of the rezoning ordinance. Otherwise, non-
conforming lots would be created in violation of the
subdivision regulations.
Staff has analyzed whether the newly created lots conform to
all R-6 area and bulk requirements. Lot 4, Alpine Acres
contains approximately 15,890 square feet. The proposed lot
split subdivision exception would create two lots approxi-
mately 8,610 square feet (Lot 4A) and 7,280 square feet (Lot
4B) in size. After subtraction of the 20 foot wide access
easement from the two tracts (approximately 1,600 sq. ft.,
divided between the 2 lots), the lots would still contain in
excess of the required 6,000 square feet of lot area. All
setbacks, height, and floor area ratio requirements would be
7
""
'.....,,/11
met under R-6 zoning. The only requirement not met is the
minimum lot width of 60', as the proposed parcels are
approximately 47' and 39' feet wide respectively. There-
fore, the only way this subdivision can be created is via
PUD approval of a variation in lot width in conjunction with
the rezoning of the property to R-6 (PUD).
Section 20-19(C) states that City Council may grant excep-
tion from the application of the standards or requirements
of this (subdivision) chapter and grant final subdivision
approval when the city Council, in its sole discretion and
judgement, deems certain requirements redundant, serve no
public purpose and be unnecessary in relation to the land
use policies of the city of Aspen. . ."
It should be noted that there is no issue of additional
density on the two lots as both contain existing single-
family houses and lot areas do not allow for duplex develop-
ment. Therefore, the GMP exemption provision Section 20-
11.2(d) does not apply to this subdivision activity.
The Engineering Department has requested the standard
commitment to join any improvement district formed in the
future. This should be included in the statement of
subdivision exception. In addition, as part of the prior
condominiumization plat approval, which would now be
vacated, the applicants committed that "both units of the
duplex would be subject to the City's rental policy of six
month minimum rental, with allowance of two short-term
rental restriction." We believe that this provision still
has merit for the property because long-term residency is a
continuing and desirable feature of Alpine Acres, and all
the other units are subject to this same restriction. We
recommend that this also be a condition of approval.
ADVISORY COMMITTEE VOTE: On July 21, 1987, the Planning and
Zoning commission recommended to Council approval of the reques-
ted subdivision exception for the purpose of splitting Lot 4,
Alpine Acres into Lots 4A and 4B subject to the conditions stated
in the recommended motion below.
RECOMMENDED MOTION:
"Move to approve the requested subdivision exception for the
purpose of splitting Lot 4, Alpine Acres into Lots 4A and 4B
subject to the following conditions:
1) A subdivision exception plat shall be filed with the
County Clerk and Recorder's Office meeting the require-
ments of Section 20-15 of the Municipal Code to the
satisfaction of the city Engineer. Included on the
plat shall be lot areas, all easements and rights-of-
8
,....
r"+....
"',..-.~
way, and area under access easements.
2) A statement of subdivision exception, shall be filed
with the County Clerk and Recorder's Office to the
satisfaction of the City Attorney. Included in the
statement shall be:
a. Agreement by the applicants to join any improve-
ment district formed in the future affecting the
property; and
b. Both residents shall be restricted to no less than
6 month minimum leases with two shorter tenancies
allowed, as provided in section 24-3.7(0) of the
Municipal Code.
3) The subdivision exception plat shall not be reviewed
and approved by the Council until Alpine Acres Lots 4A
and 4B and 5 and rezoned to R-6 (PUD).
9
__'..____"__~__~_,~.....~,_,.,'~.."'__.....","' .- _""_...,"....._M'"'._.--""'~_,__,
APPENDIX
TABLE 1
ALPINE ACRES LOT AREA AND FLOOR AREA RATIO
Lot Existing Allowable Allowable R-15 Proposed
Area Floor Area* Duplex FAR** Single-Family Rezoning FAR
(s.f.) (s. f.) FAR*** FAR
Restriction
Lot I 19,116 2,360 5,167 8,238 5,000
Unit 1 885 4,119 2,500
Unit 2 1,475 4,119 2,500
Lot 2 15,890 3,350 4,973 7,568 3,200 5,000
Unit 1 1,675 3,784 1,600 2,500
Unit 2 1,675 3,784 1,600 1,500
Lot 3 15,980 3,350 4,973 7,568 3,200 5,000
Unit 1 1,675 3,784 1,600 2,500
1,675 3,784 1,600 2,500
Lot 4 15,890 2,000 4,973 7,568 5,000
Unit 1 950 3,784 2,500
Unit 2 1,050 3,784 2,500
Lot 5 16,425 1,875 5,005 7,718 5,000
Unit 1 800 3,859 2,500
Unit 2 1,075 3,859 2,500
prepared by the Aspen/Pitkin Planning Office, July, 1987.
* Floor area calculations were provided by the applicant.
**FAR has been calculated based on the assumption that the existing
lot's total land area would apply to FAR measurement. Area used
for access easement has not been deducted.
***Single-family FAR has been calculated based on the assumption that
each existing lot was evenly split into two parcels for development
of single-family residences.
alpacmemo
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.JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
TI':I"RPHONJl: I;lO:n 9~5-1~lU
April 23, 1987
Mr. steve Burstein
City of Aspen
Planning & Zoning Dept.
130 South Galena
Aspen, CO 81611
Re: Bishop/Dunn Rezoning of
Alpine Acres Subdivision
Dear Steve:
Enclosed herewith is a rezoning data for Alpine Acres
which was initiated by the City. A check for the application
is enclosed, along with a map, list of property owners within
and a petition of the owners within the subdivision. There
are two owners who have not signed as yet. These are the
Racquet Club Condominiums, a partnership and the Haas's who
were unavailable to sign (they were out of town). Both have
verbally indicated they do not object and we should have their
written approval within two weeks. Since this is a City
initiated change, their written consent is not technically
required so I would hope you could begin processing the
rezoning.
If you need anything further, please don't hesitate to
contact my office.
JTK/og
Enclosures
;;l7=~__
John Thomas Kelly "-
-"" ..~...
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Petition for Rezoning
The undersigned, being all of the owners of the Alpine
Acres Subdivision, do hereby petition the City Council of the
City of Aspen, Colorado, to rezone the Alpine Acres Subdi-
vision from R-15 to R-6 in accordance with Section 24-12.5 of
the Municipal Code of the City of Aspen and allege as follows:
1. That such rezoning is desirable and necessary.
2. That the legal description of the property to be
rezoned is as follows:
Lots 1, 2, 3, 4 and 5, Alpine Acres Subdivision,
Pitkin County, Colorado
3. That the undersigned are all of the owners of said
subdivision.
4. The undersigned request that the property be rezoned
from R-15 to R-6.
Vlv fi)K4
Peter Wirth
'~
OWNERS:
Joseph T~J: et and
"'. /l1;/i';p/
Joseph DU~
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Barbara Tarbet Luc nn
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Charles O. Bishop "~
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Michael Haas
L~~ lfdk~
Chnstine . Haas
CONSENT TO REZONING
The undersigned, being all of the owners of Lot 5, Alpine
Acres Subdivision, hereby consent to the rezoning of Lots 4
and 5, Alpine Acres Subdivision, from R-15 to R-6 P.U.D., with
u ~v~()lunto..ry F.A.R. of 2,486 square feet per dwelling unit.
ij"/0 ~//
$~~/ /,{fir"~
Michael F. ~ ~~A~
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ttl: Ltb ~ ~,,- ~1 \' -< \CSAlv,.
illiam G:'- Peterson
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~ilL I,,-~~ h i i i '~d.
ShirleyAH. Peterson
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.JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
TELEPI-IONl<; m031 9~r>-121H
June 8, 1987
Mr. steve Burstein
Planning Department
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Alpine Acres Rezoning
Dear Steve:
The purpose of this letter is to supplement our previous
application for rezoning and address those items raised in
your letter of May 1, 1987.
Item 1
as follows:
Ownership. The ownership of the subdivision is
Lot 1, Alpine Acres. unit 1 - Barbara and Joe Tarbet
(Alpine Acres Condominiums i1) Unit 2 - Peter wirth
Lot 2, Alpine Acres. Unit 3 - Nick Coates
(Racquet Club Condominiums) Unit 4 - Betty Coates
Lot 3, Alpine Acres. unit 1 - Brent Waldron
(Racquet Club Condominiums) Unit 2 - Lee Lyons
Lot 4, Alpine Acres. unit 1 - Charles Bishop
(Alpine Acres Condominiums i4) Unit 2 - Lucy & Joe Dunn
Lot 5, Alpine Acres. Unit
(Alpine Acres Condominiums
Unit
1 -
i5)
2 -
Michael F. & Christine P.
Hass
william G. and Shirley H.
Peterson
Planning & zoni( Commission
April 1987
Page -2-
(
We feel that the rezoning request is appropriate based on
the following:
l. Applicants have already gone to great expense in
their subdivision exemption based on a good faith reliance on
the R-6 designation shown on the official zoning map.
2.
adverse
health,
The rezoning would permit no additional density,
traffic or parking impacts, or in any way effect the
welfare or safety of the citizens of Aspen.
3. The neighborhood is a mix of single-family and
multi-family residences. The applicants' properties are part
of a group of four victorian miners cottages which at one time
were duplexes but are now physically separate. The rezoning
is therefore appropriate for the surrounding community and
will preserve and enhance a "victorian enclave" in East Aspen.
4. There is a need for the rezoning in order to
the owners of the subdivision to orderly improve
historic properties in a way which is architecturally
which is a goal we believe Council supports.
permit
these
sound,
Attached are the following:
1. List of property owners within 300 feet;
2. Aerial survey map; and
3. Consent of
Subdivision.
all owners
of the
Alpine
Acres
please let us know if you need anything further and we
would appreciate a hearing date before the Planning and Zoning
Commission as soon as possible.
Charles o. Bishop
,
'1
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....,......
MEMORANDUM
TO:
Aspen Planning and zoning commission
FROM:
steve Burstein, Planning Office
RE:
Alpine Acres Rezoning (Public Hearing) and Bishop/Dunn
Lot Split
DATE:
July 15, 1987
----------------------------------------------------------------
----------------------------------------------------------------
LOCATION: The Alpine Acres Subdivision is situated to the north
of Gibson Avenue in the Smuggler Neighborhood. The existing
residences are located off of Matchless Drive, Herron Drive and
Gibson Avenue. There are five (5) lots on 2.7 acres.
CURRENT BUILD-OUT OF THE SUBDIVISION: Duplexes are located on
Lots 1,2 and 3. Four small victorian houses are located on Lots
4 and 5. The victorians had once been connected by carports to
form duplexes; however, at this time they are single family
residences.
SITE DESCRIPI'ION: The subdivision is located on a flat area
overlooking the rest of the neighborhood. Trees planted appar-
ently at the time of original subdivision are becoming mature.
The large front yards on Matchless Drive create a spaciousness
for the setting of the little victorians.
CURRENT ZONING: R-15
APPLICANT'S REQUEST: Owners of the Alpine Acres Subdivision
request rezoning from R-15 to R-6. A voluntary external FAR
restriction of 2,500 square feet per dwelling unit is proposed as
a condition of rezoning and a covenant restriction on the
subdivision. Dunn and Bishop, owners of Lot 4, also request a
subdivision exception for the purposes of a lot split of Lot 4 on
which two single-family dwelling units presently exist.
SURROUNDING ZONING AND LAND USES: The Smuggler Mobile Home Park,
zoned MHP (SPA), borders Alpine Acres to the west. The Sunny
Park and Sunny Park North Subdivisions are east of Alpine Acres,
zoned RMF and contain mUlti-family structures. The area south of
Gibson Avenue is zoned R-15A and contains mainly single family
houses. To the north are the Court Club tennis courts outside the
city limits zoned R-15. See Map 1 attached.
BACKGROUND: Alpine Acres Subdivision was approved by the pitkin
County Board of County Commissioners in 1964. The victorians
were moved by developer Luke Anthony from elsewhere in Aspen
during the late 1960's. Alpine Acres was annexed into the City
",....
-
"''''
,.,.;'
of Aspen and zoned R-15 through Ordinances 33 and 69 (series of
1976) .
Conditions of the R-15 zoning included in ordinance 69 (Series of
1976) read as follows:
"(a) that each duplex dwelling unit proposed to be construc-
ted upon the unimproved lots within the area be limited to a
maximum external FAR of 1,600 square feet per unit; or
comply with any applicable FAR regulation effective at the
time of permit issuance, whichever is more restrictive;
(b) that no residential units constructed on the unimproved
tracts within the annexed area be leased for any period of
less than six (6) successive months; or, in the alternative
be leased not more than twice for short term periods within
any calender year (in addition to occupancy by the owners or
any lessee for a six-month lease term; and,
(c) that, by adoption of the R-15 zoning category for the
unimproved lots, the city shall not be precluded from
reconsideration of the appropriateness of these sites for
high density employee housing construction in the future."
All of
1977 .
units.
the duplexes (Lots 1,2,3,4 & 5) were condominiumized in
six month minimum lease restrictions were applied to all
In November of 1986, Joseph Dunn and Charles Bishop submitted an
application for a lot split of Lot 4, Alpine Acres. In research-
ing this request, staff discovered that the subdivision was zoned
R-15 rather than R-6 as the official zoning map showed. Conse-
quently, this lot split could not be accommodated because two
lots non-conforming in minimum lot area would have been created.
In January, 1986, city Council initiated rezoning proceedings for
the Alpine Acres Subdivision, without making a statement as to
whether Council favored or opposed the requested zone change.
PROBLEM DISCUSSION:
A. REZONING:
REFERRAL COMMENTS:
1. Engineering Department: Elyse Elliott made the follow-
ing comments in her July 13, 1987 memorandum:
a) A plat should be submitted that meets the require-
ments of Section 20-15. In particular, we would
like to see the adequate right-of-way (Matchless
Dr., Herron Dr., Silver King and Gibson Street),
all structures, utilities and easements. Also,
2
-
'"-"
........
-'
any conditions of approval must be noted on the
plat; and
b) The applicants should be required to join any
future improvement districts.
2.
City Attorney:
1987 memo that
accordance with
The city Attorney noted in a July
the application has been submitted
their prior recommendation.
8,
in
STAFF COMMENTS:
The Planning Office offers the following comments in
response of the criteria of rezoning stated in Section 24-
12.5(d) :
REZONING CRITERIA 1:
Compatibility of the rezoning proposal with the surrounding
zone districts and land use in the vicinity of the site,
considering the existing neighborhood characteristics, the
applicable area and bulk requirements, and the suitability
of the site for development in terms of on-site character-
istics."
Response:
Both neighborhood characteristics and on-site charac-
teristics must be reviewed to respond to this rezoning
criteria. The Smuggler Neighborhood has a mixed residential
character, in existing land use and zone districts. In the
immediate vicinity of Alpine Acres are a mobile home park,
single-family houses, duplexes and multi-family buildings in
the respective MHP, R-l5A and RMF zone districts.
We note that in this mix of zoning there appears to be a
pattern of lower density R-15 along the northern city limit
east of the Smuggler Home Park. This pattern supports the
concept of density dropping away towards the mountain edge
(Smuggler Mountain). The higher density R-6 is further
south within the neighborhood and not contiguous to Alpine
Acres (see Map #1). However, Alpine Acres is a developed
subdivision with density more similar to R-6 than R-15 as
those zone districts requirements are currently defined. We
find the present zoning to be compatible with the neighbor-
ing zoning while the proposed rezoning to R-6 is principally
compatible with the neighborhood as it has developed.
On-si te characteristics of Alpine Acres pertaining to the
issue of suitability for rezoning include:
o Placement of small victorians on large narrow lots
3
c
.......
-
along Matchless Drive with large front yard set-backs
(approximately 27 feet);
o
Siting
Drive
Avenue
and
and scale
aChieving
and most
of the Court Club duplexes off Herron
minimal visual impacts from Gibson
other locations in the neighborhood;
o Abundant green space throughout the subdivisions.
In an effort to preserve the above qualities of the subdivi-
sion, the applicants propose an FAR restriction of 2,500
square feet per dwelling unit. The Planning Office concurs
with the applicants that an FAR restriction will certainly
help maintain present amenities and we commend them for
volunteering bulk limitations. However, we are not convin-
ced that this device alone accomplishes the objectives.
Appendix Table 1 gives lot area and build-out data to help
place the FAR limitation in perspective. The allowable FAR
for the lots is approximately 5,000 sq. ft. Therefore, 2,500
sq. ft. per dwelling unit is the same maximum bulk now
allowed for the duplexes. The residents had agreed on this
FAR cap based on not wanting to decrease their present FAR.
We also note that the allowed single-family FAR potential,
varying from 3,860 to 4,119 sq. ft., is far in excess of the
proposed 2,500 sq. ft.
Potential expansions or redevelopment of the existing
structures to the 2,500 sq. ft. per dwelling unit would
double and triple the current size of the structures on Lots
1, 4 and 5 and would increase by a third the size of the
Court Club duplexes on Lots 2 and 3. From this point of
view, it is doubtful that the purpose stated in the applica-
tion of ". . . preserving and enhancing a "victorian enclave
in East Aspen" would be served by the proposed expansion
capability. 1,800 sq. ft. would be a preferable maximum FAR
in staff's opinion because it would allow 700 to 1,000 sq.
ft. expansions to the small victorians in keeping with the
anticipated Dunn and Bishop improvements, and would essen-
tially keep the Court Club Condominiums at their current
1,600 sq. ft. limitations.
Regarding set-backs, lot widths and
that it is in the best interest
establish minimum distances that
character.
green space, we suggest
of the subdivision to
preserve the existing
The Planned Unit Development (PUD) is the most appropriate
zoning overlay to accomplish site specific area and bulk
concerns (including FAR). PUD would allow for a public
process in the event that the subdivision was significantly
4
"
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redeveloped. If major redevelopment is proposed, a PUD plan
would be prepared to address the scale of new construction
as it relates to existing residences, establishing compati-
ble front yard dimensions and preserving resident's views.
PUD also allows for reducing required lot width, which is
necessary now to accomplish the Bishop/Dunn lot split, as
discussed below.
It should be noted that single-family house construction,
reconstruction and additions are automatically exempt from
PUD and that this designation is, therefore, not burdensome
to existing owners. For example, the Bishop and Dunn
improvements would not require review due to the PUD
overlay. In addition, because the other units are condomin-
iumized, reconstruction and additions are currently subject
to platting requirements. Therefore, alterations to the
other structures in Alpine Acres would not be subject
through PUD to additional public meetings that are not now
required. The main effect of PUD would be to allow the
variations in lot widths for Bishop and Dunn and to better
address major redevelopment in the event that it is pro-
posed.
REZONING CRITERIA 2:
"Impacts of the rezoning upon expected traffic generation
and road safety, availability of on-and off-street parking
and ability to provide utility service in the vicinity of
the site, including an assessment of the fiscal impact upon
the community of the proposed rezoning."
Response
staff concurs with the applicants that rezoning would create
no additional adverse effect on traffic, parking, utilities
or fiscal impact on the community because no additional
density is expected to occur.
REZONING CRITERIA 3
"Impacts of the rezoning upon expected air and water quality
in the vicinity of the site."
Response
No additional adverse impacts would be expected to occur in
air and water quality from rezoning.
REZONING CRITERIA 4
"Analysis of the community need for the proposed rezoning
and an assessment of the relationship of the rezoning
5
,......,
'-"
"""
-
proposal to the goal of overall community balance."
Response
It appears to be in the best interests of the community to
allow rezoning of Alpine Acres so to facilitate owners of
the victorians to improve those structures.
REZONING CRITERIA 5
"Compatibility of the proposed rezoning with the Aspen Area
General Plan of 1966, as amended."
Response
The 1973 Aspen Land Use Plan shows Alpine Acres in the
"single-family residential" future land use category. The
proposed rezoning to R-6 continue to be consistent with the
Land Use Plan.
REZONING CRITERIA 6
'Whether the proposed rezoning will promote the health,
safety and general welfare of the residents and visitors to
the city of Aspen."
Response
The proposed rezoning appears to have no adverse effects on
the general welfare of Aspen.
ALTERNATIVES: The P&Z should consider:
1) Recommending rezoning of Alpine Acres to R-6 with the
voluntarily imposed condition that each dwelling unit
be restricted to a maximum FAR of 2,500 square feet, or
the applicable FAR's of the zone district, whichever
are less.
2) Recommending R-6 rezoning with 1,800 square feet
maximum FAR and any other conditions agreed to by the
applicants.
3) Recommending rezoning of Alpine Acres to R-6 (PUD) with
the voluntarily imposed conditions that each dwelling
unit is restricted to a maximum FAR of 1,800 square
feet, the front yard setbacks of Lots 4 and 5 is
established at 25 feet, and minimum lot widths for
parcels and 2 of Lot 4 is established at 39'.
4) Recommending denial of rezoning Alpine Acres, to await
code simplification amendments that may create perti-
6
"
'-"
ft'",
"",
nent changes in R-6 FAR's.
In staff's view, alternative 3 is the most appropriate
rezoning to accomplish the immediate objective of the
applicants and to best address the situation of
possible redevelopment of the subdivision.
RECOMMENDATION: The Planning Office recommends that the Planning
and zoning Commission recommend to city council approval of
rezoning Alpine Acres from R-15 to R-6 (PUD) with the VOluntarily
imposed conditions that:
a.
Each dwelling unit will be restricted to
countable floor area of 1,800 square
applicable FAR, whichever is less;
a maximum of
feet or the
b. Front yard setback of Alpine Acres Lots 4 and 5 shall
be a minimum of 25 feet; and
c. The minimum lot width of newly created parcels result-
ing from the Bishop/Dunn lot split shall be approxi-
mately 39 and 45 feet.
PROBLEM DISCUSSION:
B. DUNN/BISHOP SUBDIVISION EXCEPTION: Lot 4, Alpine Acres
contains approximately 15,890 square feet. The proposed lot
split subdivision exception would create two lots approxi-
mately 8,610 square feet (east) and 7,280 square feet (west)
each. After subtraction of the 20 foot wide access easement
from the two tracts (approximately 1,600 sq. ft., divided
between the 2 lots), the lots would still contain in excess
of the required 6,000 square feet of lot area. All set-
backs, height, and floor area ratio requirements would be
met under R-6 zoning. The only requirement not met is the
minimum lot width of 60', as the proposed parcels are
approximately 47' and 39' feet wide respectively. There-
fore, the only way this subdivision can be created is via
PUD approval of a variation in lot width in conjunction with
the rezoning of the property to R-6 (PUD).
Section 20-19(c) states that City Council may grant excep-
tion from the application of the standards or requirements
of this (subdivision) chapter and grant final subdivision
approval when the City Council, in its sole discretion and
judgement, deems certain requirements redundant, serve no
public purpose and be unnecessary in relation to the land
use policies of the city of Aspen. . ."
It should be noted that there is no issue of additional
density on the two lots as both contain existing single-
family houses and lot areas do not allow for duplex develop-
7
t""'"
'"-,,
"
......."ic
ment. Therefore, the GMP exemption provision section 20-
ll.2(d) does not apply to this subdivision activity.
The Engineering Department has requested the standard
commitment to join any improvement district formed in the
future. This should be included in the statement of
subdivision exception. In addition, as part of the prior
condominiumization plat approval, which would now be
vacated, the applicants committed that "both units of the
duplex would be subject to the City's rental policy of six
month minimum rental, with allowance of two short-term
rental restriction." We believe that this provision still
has merit for the property because long-term residency is a
continuing and desirable feature of Alpine Acres, and all
the other units are subject to this same restriction. We
recommend that this also be a condition of approval.
RECOMMENDATION: The Planning Office recommends to P&Z to
recommend Council approval of the requested subdivision exception
for the purpose of splitting Lot 4, Alpine Acres into two parcels
as requested subject to the following conditions:
1) A subdivision exception plat shall be filed with the
County Clerk and Recorder's Office meeting the require-
ments of Section 20-15 of the Municipal Code to the
satisfaction of the City Engineer. Included on the
plat shall be lot areas, all easements and rights-of-
way, and area under access easements.
2) A statement of subdivision exception shall be filed
with the County Clerk and Recorder's Office to the
satisfaction of the City Attorney. Included in the
statement shall be:
a. Agreement by the applicants to join any improve-
ment district formed in the future affecting the
property; and
b.
Both residences shall
than 6 month minimum
tenancies allowed, as
3.7(0) of the Municipal
be restricted to no less
leases with two shorter
provided in Section 24-
Code.
3)
The subdivision exception plat shall
and approved by the Council until
rezoned to R-6 (PUD).
not be reviewed
Alpine Acres is
8
1".....
..-..,
......-....
~
APPENDIX
TABLE 1
ALPINE ACRES LOT AREA AND FLOOR AREA RATIO
Lot Existing Allowable Allowable R-15 Proposed
Area Floor Area* Duplex FAR** Single-Family Rezoning FAR
(s. f.) (s. f.) FAR*** FAR
Restriction
Lot I 19,116 2,360 5,167 8,238 5,000
unit 1 885 4,119 2,500
unit 2 1,475 4,119 2,500
Lot 2 15,890 3,350 4,973 7,568 3,200 5,000
Unit 1 1,675 3,784 1,600 2,500
Unit 2 1,675 3,784 1,600 1,500
Lot 3 15,980 3,350 4,973 7,568 3,200 5,000
Unit I 1,675 3,784 1,600 2,500
1,675 3,784 1,600 2,500
Lot 4 15,890 2,000 4,973 7,568 5,000
Unit 1 950 3,784 2,500
Unit 2 1,050 3,784 2,500
Lot 5 16,425 1,875 5,005 7,718 5,000
Unit 1 800 3,859 2,500
Unit 2 1,075 3,859 2,500
Prepared by the Aspen/Pitkin Planning Office, July, 1987.
* Floor area calculations were provided by the applicant.
**FAR has been calculated based on the assumption that the existing
lot's total land area would apply to FAR measurement. Area used
for access easement has not been deducted.
***Single-family FAR has been calculated based on the assumption that
each existing lot was evenly split into two parcels for development
of single-family residences.
alpacmemo
9
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;TOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
PJJJ
:,::'\ !
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'"
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51987 iil
"I
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TELEPHONE (303) 925-1216
iu Jl
L
August 5, 1987
City of Aspen
Planning Dept.
130 South Galena
Aspen, CO 81611
Attention: Steve Burstein
Re: Alpine Acres Rezoning
Dear Steve:
Enclosed please find the original Consent to Rezoning
signed by Mr. and Mrs. Haas and Mr. and Mrs. Peterson.
very truly yours,
Enclosure
~~ 9M~
~ohn Thomas Kelly
-r
-
('
PUBLIC NOTICE
RE: ALPINE ACRES SUBDIVISION REZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 21, 1987, at a meeting to begin at 5:00 P.M. before
the Aspen Planning and zoning Commission in the city Council
chambers, 1st floor of city Hall, 130 S, Galena street, Aspen,
colorado, to consider an application submitted by Charles Bishop
and Joseph Dunn requesting Subdivision request for a lot split of
Alpine Acres Lot 4 and Rezoning of the existing R-15 to R-6 zone.
They are also requesting restriction of the total floor area of
the development.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, colorado 81611 (303) 925-
2020, ext. 222.
sf C. Welton Anderson
Chairman, Aspen Planning
and zoning Commission
-------------------------------------~--------------------------
----------------------------------------------------------------
Published in the Aspen Times on July 2, 1987.
City of Aspen Account.
_ '" ,_",-,-,_.,_"'~~~,'~," "~~_,__"",_,~,__,_.,_",,_,~_,,,_,,"-"'+"_'_'__V"'" '_
Sunny Park North
1. Penny Evans -- Box 4774, Aspen, CO. 81612
2. Colorado National Bank--Glenwood Springs -- 501 Grand
Avenue, Glenwood Springs, CO. 81601
(In Reference to Sunny Park North Subdivision Lot 3)
Tailings Condominiums
3.
Randy Bernard
401 West Parkway, High Point, NC. 27262
4. Barbara Allen & Bill Dunaway -- Box E, Aspen, CO. 81612
5. Mountain States Comm. -- 310 East Main, Aspen, CO. 81611
6.
Robert King pierce
Box 3118, Aspen, CO. 81612
7.
Mead F. Metcalf -- Box 32
Aspen, CO. 81612
8. Margot Pendleton -- 180 Park Cir. #TH-3, Aspen, CO. 81612
9. Robert & Dana Bond -- 3530 Central Avenue, Shadyside, OH.
43947
10. Joann F. Valley -- Box 4806, Aspen, CO. 81612
11. Robert B. Latousek -- 738 Timberline Drive, Glenview, IL.
60025
165 Park Circle Condominiums
12. Betty Dillon -- Box 11810, Aspen, CO. 81612
13. Patricia Ann Flug -- c/o GULFCO Ltd., 616 E. Hyman,
Aspen, CO. 81611
14. Susan Cochran & David Barbier -- Box 11673, Aspen, CO.
81612
15. David Singer -- 1160 Kane Concourse, Bay Harbor Island,
Miami Beach, FL. 33154
Jacobie Condominiums
16. Craig Jacobie -- Box 1817, Aspen, CO. 81612
17. Suzette Ann Jacobie -- 3801 E. Alta Dena, Phoenix, AZ.
85026
18. The Guy R. James Revocable Trust -- 740 Gilpin, Denver,
CO. 80218
Page Two
Martinson-Nostdahl Condominiums
19. Dieter Bibbiq -- Box 175, Aspen, CO. 81612
20. River Bank West Corp. -- Box 175, Aspen, CO. 81612
21. John R. & stenger W. Werning -- 905 E. Hopkins, Aspen,
CO. 81611
22. Sunshine Partners
Box 3104, Aspen, CO. 81612
23. Alan J. Goldstein
571 Lyell Ave., Rochester, NY. 14606
24. walter H. & Marian H. Prockter -- 1815 S. Federal,
Denver, CO. 80219
Astor Subdivision
25. C. L. Astor & Co. -- 981 King Street, Aspen, CO. 81611
Sunny Park North Condominiums
26. John & Pamela Fisher -- 205 Park Circle, Aspen, CO. 81611
27. Ralph & Marian Melville c/o Mountain Chalet, 333 E.
Durant, Aspen, CO. 81611
Balinda Bell Condominium
28. Lois M. Brownell Vagneur -- Box 96, Woody Creek, CO.
81656
Brownell Condominium
29. William Dunaway -- Box E, Aspen, CO. 81612
30. Robin Dunaway -- Box E, Aspen, CO. 81612
Park Circle Condominiums
31. James Thompson & Barbara Allen Freund -- 185 North Park
Circle, #A-1, Aspen, CO. 81611
32. Thomas Reynolds & Elsie Fisher -- 185 North Park Circle,
#A-2, Aspen, CO. 81611
33. Suellyn Crisovan -- Box 9350, Aspen, CO. 81612
34. Mountain States Corom. -- Box E, Aspen, CO. 81612
Page Three
35, Mountain states Comm. -- 310 East Main, Aspen, CO. 81612
36. Reginald Smith -- Box 4244, Aspen, CO. 81612
37. James Mickey -- 185 N. Park Circle, #BB, aspen, CO. 81611
38. George Newell & Edda Hill -- Box 2179, Aspen, CO. 81612
39. John McCormick -- Box 2974, Aspen, CO. 81612
40. Carl Bentley & Mary Schrum -- Box 4812, Aspen, CO. 81612
41. Elayne Scoofakes -- Box 9756, Aspen, CO. 81612
42. Kathleen Hughes -- Box 3930, Aspen, CO. 81612
Patricia Condominium
43. Thomas & Warren Detweiler -- Box 3654, Aspen, CO. 81612
44. Howard D, Hatanaka & Salley O'Neal -- Box 4233, Aspen,
CO. 81612
Single Lots
45. Peter Heineman
Box 118, Morrison, CO. 80465
46. Ernest Kappele
Box 1962, Aspen, CO. 81612
47. Robert Zupancis -- 936 King Street, Aspen, CO. 81611
48. Micheal Morgan -- 3651 Austin Road, Brawley, CA. 92227
49. James & Marlene Mickey -- 927 Gibson Avenue, Aspen, CO.
81611
50. Charles & Bryce Maple -- 927 Gibson Avenue, Aspen, CO.
81611
51. Ann Peterson -- 35 Locust Street, Mill valley, CA. 94941
52. Smuggler Racquet club -- Box 8788, Aspen, CO. 81612
Smuggler Mobile Home Park Subdivision
53. Smuggler Mobile Home Owners' Association
301 Oak Lane
Aspen, Colorado 81611
,e"'.',.
,C,d"'""
-,.-....
MEMORANDUM
TO:
City Attorney
City Engineer
Zoning Official
FROM:
steve Burstein, Planning Office
RE:
Alpine Acres Subdivision Rezoning
DATE:
June 18, 1987
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Charles Bishop and Joseph Dunn requesting Subdivision request
for a lot split of Alpine Acres Lot 4 and Rezoning of the
existing R-15 to R-6. They are also requesting restriction of
the total floor area of the development.
Please review this material and send in your comments no later
than July 7, 1987 in order for this office to have adequate time
to prepare for its presentation before P&Z.
Thank you.
CASELOAD SUMMARY SHEET 02737-07'1-0'd-003
City of Aspen 10-001 &t70;;1.,
, . , ';;'/-00/ &00;)....,
DATE RECENED: Lj/02~/f7'.I CAS"-'NO. //A-8'7
DATE RECENED COMPLETE:__ STAFF: <;:T..l..J'
;~f~;~;e;;~~:;;~1~~: ~~h~!: ~~~f~~ ~ ~O: ~Z"K>
REPRESENTA'l'NE: ,John Ke II~
Representative P,ddress/Phone: /17 s. Spnn3 \St. Asp\'n, (() 5-/0//0
Type of Application:
1. GMP/Subdiv ision/PUD
l. Concep:ual Submission
2. preliminary Plat
3. Final Plat
20
12
6
$2,730.00
1 , 6 40 . 0 0
820 .00
II. Subdivision/PUD
1. Conceptuul 0Libmi 3'Si6n '''..
2. preliminary Plat .
3. Final Plat
14 $1,900.00.
9 1,220.00
6 820.00
11 $1, 490.00
5 $ 680 .00
III. All ''Two Step" Appl ications
IV. All "One Step" Appl ications
V. Referral Fees - Env i ronmental
Health, Housing Office
I. Minor Appl ications
2
$
50.00
2. Major Applications
Referral Fees-
Engineering
Minor Applications
Major Applications
5
$ 125.00
80.00
200.00
..:.~ ~::.::::;='=::::. =~'::::~_='-~;;~ ~~1~ :::/~ ~_='~;' ~':~u~~ :::::';'::::.::::::: === =====:;;::;:: == === ==:::: ===:::: ===;::;...; -'=:::::::: :..:::.:..:=~
W CC MEETING Dl\TE:
DATE REFERRED:
---------------------------
---------------------------
PUBLIC HEARING: . (~
tfIN IT IALS : ~
NO
REFERRALS:
/
V
Ci ty Atty
City Engineer
Housing DiL
Aspen ~iater
City Electric
EnviL Hlth.
Aspen Consolo S. D.
Mtn. Bell
Par ks Dept.
Holy Cross Electric
Fire Marshall
Fire Chief
Roaring Fork Transit
School District
Rocky Mtn. Nat. Gas
_ StateHwy Dept (Glenwd)
_ Statellwy Dept (Gr:.Jtn)
~ Bldg: Zoning/lnspectn
Other:
Roaring Fork Energy Center
----------------------------------------------------------------------
----------------------------------------------------------------------
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty
_ City Engi neer
Building Dept.
Other:
Other:
L"'TT I:' C'Pl11f1f1C ht.'n J nf"'l\fJl rrHl.l.
\.~PJ1;
Ilr .. 1-L.
(J./){)).rvU ~ (~L dJ ,/J '
'RE: W f2J !'/. Wft/ ;1,j J) JJUj)J){J /1,1'-- r;6fJJJ (r
a~:
This is tV 1nform you that the Planning Off1ce has completed 1tS
preliminary review of ~. captioned application. We have determined
that your application ~. NOT complete.
Dear
AS~N/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
~JjJj /5,fC[t'l-
"'I
, '
'..
Date:
Addi tional i terns required include:
~.
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Author iz ation by owner for representative to sutmi t appl ica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
Your appl ication hS compl ete and
review by the ,::!--k
call you if we need any addi tional
date. Several days prior to your hearing, we will call and
m ilable a copy of the memorandum. Please note that it
S NOT your responsibility to post your property with a
w i ch we can provide yo u for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
(SfiD{ ./ &IzAfl J.Ai.J
(
If you have any questions, please call
the planner assigned to your case.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
r!:!f~~~
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-..1
PUBLIC NOTICE
RE: ALPINE ACRES SUBDIVISION REZONING
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 21, 1987, at a meeting to begin at 5:00 P.M. before
the Aspen Planning and Zoning Commission in the City Council
Chambers, 1st floor of City Hall, 130 S. Galena Street, Aspen,
Colorado, to consider an application submitted by Charles Bishop
and Joseph Dunn requesting Subdivision request for a lot split of
Alpine Acres Lot 4 and Rezoning of the existing R-15 to R-6 zone.
They are also requesting restriction of the total floor area of
the development.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, colorado 81611 (303) 925-
2020, ext. 222.
sf C. Welton Anderson
Chairman, Aspen Planning
and Zoning commission
----------------------------------------------------------------
----------------------------------------------------------------
Published in the Aspen Times on July 2, 1987.
City of Aspen Account.
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LOT 4 ALPINE ACRES LOT SPLIT PROPOSAL
MATCHLFSS DRIVE
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.JOIIN 'l'HOMAS KlcLLY
AT'!'()J{NKY ,\'1' I.AW
117 SOUTII SI'HIN(; STHEJ<:T
ASPEN. COLOl{AI>O AIGll
TI<:LEPIIONE (:lO:n H~5-1~l(i
June 8, 1987
Mr. steve Burstein
Planning Department
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Alpine Acres Rezoning
Dear Steve:
The purpose of this letter is to supplement our previous
application for rezoning and address those items raised in
your letter of May 1, 1987.
Item 1
as follows:
Ownership. The ownership of the subdivision is
Lot 1, Alpine Acres. unit 1 - Barbara and Joe Tarbet
(Alpine Acres Condominiums #1) Unit 2 - Peter Wirth
Lot 2, Alpine Acres. Unit 3 - Nick Coates
(Racquet Club condominiums) Unit 4 - Betty Coates
Lot 3, Alpine Acres. Unit 1 - Brent Waldron
(Racquet club Condominiums) Unit 2 - Lee Lyons
Lot 4, Alpine Acres. unit 1 - Charles Bishop
(Alpine Acres Condominiums #4) Unit 2 - Lucy & Joe Dunn
Lot 5, Alpine Acres. Unit
(Alpine Acres Condominiums
Unit
1 - Michael
#5)
2 - william
F. & Christine P.
Hass
G. and Shirley H.
Peterson
,.."'
......,/
steve Burstein
June 8, 1987
Page 2
All owners of the units have signed the Petition except
the owners of the Racquet Club Condominiums. They have
verbally indicated they will sign, based on a voluntary 2500
square foot FAR restriction, but wish to wait until next week
when Nick Coates returns. We would request that you put us on
an agenda. If for some reason the Racquet Club owners have
not signed by then, you could withdraw the application.
2. Enclosed herewith are the following:
1. Plat of Alpine Acres Subdivision;
2. Annexation Map prepared by Tri-Co (now Alpine
Surveys;
3. Condominium Map for
4. Condominium Map for
5. Condominium Map for
6. Condominium Map for
Alpine Acres
Racquet club
Alpine Acres
Alpine Acres
Condominium #1;
Condominiums;
Condominium #4;
Condominium #5;
I have personally examined the records of the Clerk and
Recorder since the filing of these Condominium Maps and find
no other easements other than the 2- foot easement recorded in
Book 321 at Page 326. Accordingly, it is my position that you
have in your possession accurate surveys of all the rrnperty
in the form of the City approved licensed surveyor Cc,' ified
Condominium Maps.
3. The envelopes are enclosed.
4. The information you request is as follows:
(a) Size:
Lot 1 - 19,116 square feet, +
-
Lot 2 - 15,890 square feet, +
-
Lot 3 - 15,890 square feet, +
-
Lot 4 - 15,890 square feet, +
-
Lot 5 - 16,425 square feet, +
J
steve Burstein
June 8, 1987
Page 3
(b)
(c)
Square footage existing units
Lot 1 , Unit 1 - 885; Unit 2 -'1475;
Lot 2, Unit 1 - 1675; Unit 2 - 1675;
Lot 3 , Unit 1 - 1675; Unit 2 - 1675;
Lot 4, Unit 1 - 950; Unit 2 - 1050;
Lot 5, Unit 1 - 800; Unit 2 - 1075,
Permitted FAR under current zoning (R-15)
Lot I, Unit 1 - 2583 sq. ft.; Unit 2 - 2583 sq. ft.
Lot 2, Unit 1 2486 .. .. Unit 2 2486 .. ..
Lot 3, Unit 1 2486 .. .. Unit 2 2486 .. ..
Lot 4, Unit 1 2486 .. .. Unit 2 2486 .. ..
Lot 5, Unit 1 2503 .. .. Unit 2 2503 .. ..
(d) Permitted FAR under proposed zoning (R-6)
Lot 1 , Unit 1 - 4118 sq. ft.; unit 2 - 4118 sq. ft.
Lot 2, Unit 1 3795 .. .. Unit 2 3795 .. ..
Lot 3 , Unit 1 3795 .. .. Unit 2 3795 .. ..
Lot 4, Unit 1 3795 .. .. Unit 2 3795 ..
Lot 5, Unit 1 3859 .. .. Unit 2 3859 .. ..
The FAR calculations were made by my clients after
consultation with Bill Drueding of the Building Department.
5. In our opinion, the only potential for lot splits
would involve my clients' Lot 4 and the Hass/Anderson Lot 5.
The reason for this is that the structures on Lots 1, 2 and 3
are true duplexes which are physically not susceptible to
separation without virtually destroying the buildings. This
is so unlikely that I do not believe the City should be
concerned. The Hass' and the Anderson's could, of course,
apply for a split as have my clients.
#,
/"
,~
steve Burstein
June 8, 1987
Page 4
6. Regarding the FAR restriction in the zoning
ordinance, it should initially be pointed out that it applied
to the unimproved lots (2 and 3, Alpine Acres. These lots
contain the Racquet Club Condominiums and the expansion of
those condominiums is so remote as to be of little concern to
the City. These units slightly exceed the FAR restriction,
but it is arguable that the restriction did not apply since
when the Racquet club Condominiums were built, as the rezoning
had not been completed as the Map was not amended as the Code
requires. Lots 1, 5 and 4 have been improved since the early
'60's, well before annexation and rezoning. While a P.U,D,
overlay was discussed, at the time the Council apparently
thought it unnecessary since they did not enact P.U.D. zoning.
In any event, we do not think P.U.D. is necessary or
appropriate in this case.
7. The comments regarding historic designation are in
error. It had been my impression that they had incurred
higher rankings. My clients are not requesting designation at
this time,
8. Yes. As
previously filed
rezoning.
we discussed,
would proceed
the lot split
simultaneously
application
with the
Conclusion: It is my impression that, as far as planning
is concerned, the chief problems you have with the rezoning is
the potential for future lot splits, the increased FAR
permitted under R-6. As stated above, barring demolition of
the structures on Lots 1, 2 and 3, the only real potential for
lot split exists on Lots 4 and 5. The only reason for a lot
split request would be to improve and modestly expand the
victorian structures in an architecturally sound manner.
Currently these buildings can only be expanded as duplexes
which could be disastrous from an architectural standpoint.
The second major planning concern is size. Initially, I
would like to point out that none of the owners of the
.,".....
...
.... ."
~..,"
steve Burstein
June 8, 1987
Page 5
subdivision want to see huge edifices sprout up which are out
of scale with the neighborhood. Accordingly, all of the
owners have agreed that they would be willing to have a
voluntary external FAR restriction of 2,500 square feet per
dwelling unit. This could be written into the zoning
ordinance and could also be placed of record as a private
covenant running with the land, should counsel so desire.
I would appreciate your putting this matter on the agenda
as soon as possible. My clients have put a great deal of time
and money into what is essentially a simple matter. Thank you
for your kind cooperation.
JTKjog
Enclosures
cc: Chip Bishop
Joe Dunn
Brent Waldron
Very
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130
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MEMORANDUM
DATE: July 14, 1987
TO: STEVE BURSTEIN, PLANNING DEPARTMENT
FR: FRED GANNETT, ATTORNEY'S OFFICE
RE: ALPINE ACRES COVENANT TO RESTRICT FAR
---------------------------------------------------------------
---------------------------------------------------------------
Perhaps the best way to approach the issue of restricted
growth in the Alpine Acre Subdivision is to take John Kelley up
on his offer to execute a voluntary external FAR restriction.
This can be accomplished by each of the five owners (or all
record owners of real property within the SUbdivision) to execute
a covenant to restrict external FAR for their property, to have
the covenant filed with the Pitkin County Clerk and Recorder
Office, and have the covenant run with and place a burden on, the
affected property.
I can draft that covenant, give it John Kelley for review
and comment, and let the two of you handle the remaining details.
Please let me know if this is acceptable with you.
130
asp
MEMORANDUM
DATE: July 8, 1987
TO: steve Burstein, Planning Office
FROM: City Attorney
RE: Alpine Acres Subdivision Rezoning
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PEN lif;(i .u. 8~7"li
eet I
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~--,-
'----
--
We have no further comments at this time since, as you know, this
application has been submitted in accordance with our prior
recommendations.
PJT/mc
MEMORANDUM
TO:
City Engineer
FROM:
Steve Burstein, Planning Office
Alpine Acres Zoning Map Error
RE:
DATE:
January 7, 1987
================================================================
In researching the Bishop/Dunn request for a lot split of Alpine
Acres Lot 4, I discovered that Alpine Acres was zoned R-15
through the Annexation Agreement dated December 13, 1976. Our
current zoning map shows R-6 zoning for the subdivision. Do you
have any recollection of a rezoning or zoning map change to this
area?
DRAFT
COVENANT TO RESTRICT EXTERNAL FLOOR AREA RATIO
THIS GRANT
(FAR), made and
1987, by
OF COVENANT TO RESTRICT EXTERNAL FLOOR AREA RATIO
entered into this day of
, as owner Lot(s)
in the Alpine Acre
SUbdivision, Pitkin County, Colorado (hereafter referred to as
"Grantor" and The CITY OF ASPEN, a municipal corporation, Pitkin
County, Colorado (hereafter "Grantee").
WITNESSETH
WHEREAS, the Alpine Acre Subdivision was created in
a subdivision within Pitkin County, Colorado; and
WHEREAS, Alpine Acre Subdivision was zoned in
pursuant to the Pitkin County Zoning Regulations as
and
as
,
;
WHEREAS, Alpine Acres Subdivision was annexed in to the City
of Aspen on , 19__; and
WHEREAS, Alpine Acres
City of Aspen, was rezoned
Zoning regulations; and
Subdivision, upon annexation into the
pursuant to the City of Aspen
WHEREAS, due
was listed on the
instead of
to a clerical
official city
; and
error, Alpine Acres Subdivision
zoning map as zoned as
WHEREAS, the necessary steps to amend Alpine Acre Sub-
division designation on the official city zoning map were taken
on , 1987, to correct the clerical error; and
WHEREAS, the
Department on
Subdivision from
Aspen City Council directed the Planning
to commence a rezoning of the Alpine Acre
to ; and
WHEREAS, all property owners in the Alpine Acre Subdivision
have agreed to restrict external Floor Area Ratio for their
property as part of the re-zoning process by executing a COVENANT
TO RESTRICT EXTERNAL FAR; and
WHEREAS, Grantor(s) is/are the record owner(s) of Lot(s) __
in the Alpine Acre Subdivision.
NOW THEREFORE, in consideration of the covenants contained
herein, the sufficiency of which is hereby acknowledged, it is
agreed as follows:
1. Grantor, his heirs, executors and administrators
covenant with Grantee, its successors and assigns, that Grantor
is lawfully seized in fee simple of Lot(s)
2. Grantor, his heirs, executors and administrators
covenant with Grantee to limit their External Floor Are Ratio for
their real property encumbered hereby to a maximum of 2500 square
feet.
3. Grantor agrees that upon execution of "COVENANT TO
RESTRICT EXTERNAL FLOOR AREA RATIO", the provisions hereof shall
run and burden the land encumbered hereby, and shall be binding
upon and inure to the benefit of Grantor and Grantee and their
respective successors, heirs and assigns.
IN WITNESS WHEREOF, the parties have hereto set their
hands and seals on the date and year shown.
By
(Property Owner of Lot(s)
ATTEST:
By
ALPINE ACRE SUBDIVISION
ATTEST:
STATE OF COLORADO
)
) ss.
)
County of Pitkin
The foregoing
day of
My commission
my hand and seal.
instrument was
, 19 ,by
expires
acknowledged before me this
,
19
Witness
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MEMORANDUM
TO:
city Attorney
FROM:
steve Burstein, Planning Office
RE:
Alpine Acres Rezoning: Clarification of Comments
DATE:
July 14, 1987
----------------------------------------------------------------
-----------------------------------------------------------------
On page 5 of John Kelley I s application letter he states: "...-
(A) II of the owners have agreed that they would be willing to
have a voluntary external FAR restriction of 2,500 square feet
per dwelling unit. This could be written into the zoning
ordinance and could also be placed of record as a private
covenant running with the land, should counsel so desire."
Please respond by July 15 as to what form would be acceptable for
this restriction to be placed of record and made binding on the
subdivision. The issue is how to create a condition of rezoning
that is offered by the applicant (reference the Moore Rezoning).
I believe that if there were a PUD overlay such a restriction
could be a component of the PUD. However, there may be no other
purpose served by the PUD designation; I have not yet concluded
analysis of that issue.
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MEMORANDUM
TO:
Aspen city Council
FROM:
Robert S. Anderson, Jr.
steve Burstein, Planning Office~
zoning Map Correction of Alpine Acres zoning
THRU:
RE:
DATE:
May 20, 1987
================================================================
BACKGROUND: On January 12, 1987 city Council was appraised of a
problem in Alpine Acres' zoning wherein the subdivision was
annexed into the city and zoned R-15 in 1976; however, the
current zoning map shows an R-6 zoning for the area. The
Bishop/Dunn request for a lot split of Alpine Acres Lot 4 was
affected by this zoning map error. council initiated rezoning of
Alpine Acres so to help the Bishops and Dunns by allowing
submittal of an application off the set dates for private
rezoning applications. The applicants are in the process of
preparing this application; and it should be considered by the
Planning and zoning commission and council in the near future.
PROBLEM DISCUSSION: Fred Gannett of the City Attorney's Office
and John Kelley, representative for Bishop and Dunn discussed the
Alpine Acres zoning map error. In a memorandum from Fred Gannett
dated May 19, 1987 (attached), he recommends that city council
adopt a resolution directing the City Clerk to remove the R-6
designation for the subdivision and replace it with a R-15
designation. Our research indicates that R-15 is still the
correct zoning of Alpine Acres, as no ordinance has superceded
Ordinance 69 (Series of 1976) which originaly established the R-
15 zoning. It would be propitious to clear up the error least
there be more confusion.
"Move to approve Resolution{l(Series of
RECOMMENDED MOTION:
1987) ."
RESOLUTION NO. 10
(Series of 1987)
A RESOLUTION DIRECTING THE CITY CLERK TO REMOVE FROM THE OFFICIAL
ZONING DISTRICT MAP THE R-6 DESIGNATION FOR THE ALPINE ACRES
SUBDIVISION AND REPLACE IT WITH A R-15 DESIGNATION
WHEREAS, Ordinance 69 (Series of 1976) zoned Block 1 of the
Alpine Acres Subdivision to R-15, however the official zoning map
shows in error the area to be zoned R-6.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO that it does hereby direct the city Clerk to remove from
the official city of Aspen zoning district map the R-6 zoning
district designation for the Alpine Acres Subdivision and replace
it with a R-15 zoning district designation.
Dated:
William L. stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
I, Kathryn S. Koch, duly appointed and acting City Clerk of
the city of Aspen, Colorado, hereby certify that the foregoing is
a true and accurate copy of the Resolution adopted by the city
Council, city of Aspen, Colorado, at a meeting held on the
day of , 1987.
Kathryn S. Koch, City Clerk
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MEMORANDUM
DATE: May 19, 1987
TO: ALAN RICHMAN,
STEVE BURNSTEIN, PLANNING DEPARTMENT
FR: FRED GANNETT, ATTORNEY'S OFFICE
RE: SECTION 24-2.2 (C) OF THE ASPEN MUNICIPAL CODE
---------------------------------------------------------------
---------------------------------------------------------------
After reviewing Section 24-2.2 (C) of the ASpen Municipal
Code, I am of the opinion the map, as it exists in the city
Clerks Office today, is the official zoning map and the final
authority as to the current zoning status of land, buildings and
other structures in the city.
Further, I am of the opinion that notations or designations,
specifically zoning classifications, on the official map are the
final authority on the specific classification of any particular
property within the city limits, notwithstanding other indicia to
the contrary.
More specifically, the parcel of land known as Alpine Acres
was annexed into the city in the late 1970's. Pursuant to City
Ordinance, that land was re-zoned within 90 days of annexation
and designated R-15. However, that designation was inaccurately
noted on the official zoning map in the City Clerk's office as R-
6. Consequently, I am of the opinion that the Alpine Acres
Subdivision is currently zoned R-6, despite the obvious clerical
mistake.
However, I believe that this apparent mistake canll easily
corrected by City Council Adopting a resolution directing the
City Clerk to remove the R-6 designation for the Alpine Acres
Subdivision and replace it with a R-15 designation.
MEMORARDUM
TO:
Aspen City Council
Robert S. Anderson, Jr., City Manager
Steve Burstein, Planning Office A6Z
Bishop/Dunn Subdivision Exception
THRU:
FROM:
RE:
DATE:
January 7, 1987
----------------------------------------------------------------
----------------------------------------------------------------
The Planning Office and applicants jointly request tabling of
this item to the January 26, 1987 meeting. A zoning problem has
been discovered that requires additional time to be resolved.
;0-'>,
MEMORANDUM
TO:
Aspen City Council
THRU:
Robert S. Anderson, Jr., City Manager
FROM:
steve Burstein, Planning Office
hR
RE:
Dunn/Bishop Subdivision Exception
DATE:
January 21, 1987
----------------------------------------------------------------
----------------------------------------------------------------
LOCATION: Alpine Acres SUbdivision, Lot 4, 940 and 950 Matchless
Drive, City of Aspen.
LOT AREA: 15,925 square feet.
PROBLEM DISCUSSION: The applicants, Joseph Dunn and Charles
Bishop, own two small Victorian residences on a single lot. A
lot split to create two separate parcels was requested under the
assumption that the property is zoned R-6 and conforming lots
could be configured. The zoning map shows Alpine Acres to be
zoned R-6; however, staff's research indicates the zoning of
Alpine Acres is actually R-15 (Ordinance 69, Series of 1976).
Staff recommends that City Council initiate rezoning proceedings
for the Alpine Acres Subdivision without making any statement as
to whether you are in favor or against the requested R-6 zoning.
This would facilitate a more expeditious hearing of the subject
than if the applicants must wait until the private rezoning
application date (February 15) but would require the applicants
to pay their own fees and meet the burden of proof of the
rezoning regulations. The applicants would have the opportunity
to research whether the zoning is actually R-6, wi th staff I s
help. At this time, staff has not had the chance to thoroughly
analyze the rezoning request to conclude that we do or do not
support it.
RECOMMENDED MOTION:
"Move to initiate rezoning proceedings for the Alpine Acres
Subdivision."
CITY MANAGER'S RECOMMENDATION:
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JOIlN '1'1l0MAS KELLY
AT'I'()h'NI':l' ,'\'1' I,A\\'
117 SOUTH SI'IHN(l STh'EKl'
ASl'l';N. ('()j.OHADO HIljll
TELi':1'1l0NI': (;\0;\1 !)~;).1;l1()
April 23, 1987
Aspen/Pitkin Planning Department
130 South Galena
Aspen, CO 81611
Gentlemen:
The undersigned being an attorney duly licensed to
practice law in the State of Colorado, from December 1983 up
to and including May 20, 1987 and finds title to the
properties described below vested as follows:
unit 2, Alpine Acres Townhouse Condominiums No. 4 -
Joseph Dunn and Lucy Dunn
unit 1, Alpine Acres Townhouse Condominiums No.4 -
Charles O. Bishop
subject only to those items contained in B of the title
policies attached hereto.
very truYy yours,
JTK/og
John Thomas Kelly
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON.
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein caIled
the Company, insures, 8S of Dale of Policy 8hown in Schedule A, against 1088 or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fecs and expenses which the Company.may
become obliga~ed to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as slated therein:
2. Any defect in or lien or encumbrance on such title;
3, Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof. Transamenca Title Insurance Company bas caused this policy to be aigned and sealed
by its duly authorized officers a6 of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
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FOR U~.,,: WITH COLORADO REGION AMERIC"N LANO TITLE ^SSOC'ATlON OWNER'S POLICY-FORM B~ 1970 'AMENDED 10-17-701
SCHEDULE A
Amount of Insurance S
143,125,00
Policy 1\'0,
7302627
Dale of Policy
January 4, 1984
4:20 P.M.
Sheet I of _ 4
1. Name of Insured:
JOSEPH DUNN and ~~RY C. WAGER
2. The estate or interest in the land de~cribed herein and which is covered by this policy is:
JOSEPH DUNN and MARY C. WAGER,
as tenants in common,
in fee simple
3. The estate or interest referred to herein is at Date of Policy vested In:
JOSEPH DUNN and MARY C. WAGER
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1"Of! U$E WITH COLORADO REGION AMERICAN LAND TITLE: ^SSOC,,,T10N OWNEA"S POLlCY-r-ORM O~1070 (AMENDED 10.\7.70)
S C H ED U LEA-Continued
The land referred to in this policy is 5illlalcd H1
Pitkin
the SI:llc of Colorado, County of
, :md is descrihed as follows:
Condominium Unit 2, ALPINE ACRES TOWNHOUSE CONDOMINIUM #4, according to
the Condominium Map appearing in the records of the County Clerk and
Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined
and described in the Condominium Declaration thereof recorded December
30, 1973 in Book 458 at Page 152.
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fOR Use WITH COLORADO REGION AMl:RIC-'N LAr..:O TITLE ,",SSOCI-'TION LOAN POLICY 1970 IAMI:NOI:O '!:?17.70)
FOR \):.;e WITH COLORADO REGION AMCRIC-'N LAt.'O TITLE ,",SSOCI-'TION O.....'N(R.S POLICY--~ORM B-1Sl70 (AMENDCO 10-17.70)
SCHEDULE B
PART I
This Policy .loes not in~tlrc a:;ain!'-t lm~ or d:lll\a~c IlY r(":::l~on of lhc follah'ing:
1. nights or cbims of pUlie~ in }lo~~c~:-ion not dIO\\'n by tlll~ public H'cords.
2. E3~Cll\cnts, or claims of ca~Clllents, not !:llo""n by the pul,lic records.
3. Di~crep3ncies. conflicts in 1,oundar)" line~, !:horlagc in area. cncroachmcnt~. and any facts \\.hich a cor.
reet Sllne)' and inspection of the premi~e~ ,,'ould di~clo~c and \\'hich arc 110t !:hawn by the public records.
4. Any lien, or right to a lien, for ~en.'icc~ labor. or material herelofore or hereafter furni~hcd. imposed by
Jaw and not shown by the public records.
s. Taxes due ~nd paY:lole; and any b,X, !:pecial a~~c'<:~l1lenlS, charge or lien impo~ed for watcr or sc.wcr
f.crvicc, or for an)' olher ~pecial taxing di~trict. Taxes for the year .1982 paid according to
tax certificate dated January 5, 1984.
6. Right of way for ditches and canals constructed by the authority of the United
States, as reserved in the united States Patent recorded in Book 185 at Page 69.
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provisions and restrictions 25 contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
9. Easement and right of ~ay for the construction, improvement, operation and
maintenance of a public road and unoerground facilities granted to the City
of Aspen by Luke W. Anthony in the instr~"ent recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (inclucing all hardware, equip~ent, and appurtenances
thereto), commonly kno~n as the Anthony ~ell, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, State of Colorado, entered on Septer.ber 30, 1971, granted to the City of
"Aspen'by Luke W. Anthony in the instr~"ent recorded December 21, 1976 in Book 321
at Page 760.
11. Terms, a9ree~ents, provisions, conditions and obligations.as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property Ow~ers Association
Company, recorded }~y 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions and obligations as contained in City
Counsel of Aspen minutes, l''!arch 14TH, and !'~arch 28TH, recorded December 30, 1977
in Book 341 at Page 446.
13. Protective Covenants, restrictions, reservations and obligations ~hich do not
contain a forfeiture or reverter clause, as contained in Declaration of Covenants,
restrictions, easements, charges and liens dated April 26, 1977, recorded April
~~ 'n~~ ~~ n~~v ~?7 at Paqe 446.
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rOR USE WITH COLORADO REGtON AMeRICAN LAND TITLC ASSOCIATION LO....N POLICY H~70 (AMCNDCD 10.17.70)
FOR use WITH COLORADO RF:GION AMCRICAN I.AND TITLE ASSOCI....T10N OWNER'S POLICY-FORM D-1';~70 (AMENDED 10-17.70) ~
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S C If ED U L E B-Conlinued
14: Terms, conditions, provisions and obligations as contained in the Condominium
Dec1ara tion for Alpine Acres Townhouse Condomi nium, ~4, recorded December 30, 1983
in Book 458 at Page 152 .
15~ Terms, conditions, provisions and obligations as set forth in the Article of
Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded
in Book at Page
16. Agree~ents creating covenants running with the land recorded December 30, 1983
in Book 458 at Page 149.
17.
Deed of Trust from
to the Public Trustee
for the use of
to secure
dated
recorded
Joseph Dunn and Nary C. \'Iager
of the County of Pitkin
Aspen Savings and Loan Association
$70,000.00
January 3,
January 4,
1984
1984
in Book 458 at Page 534
Adjustable Rate Rider in connection with the above Deed of Trust recorded
January 4, 1984 in Book 458 at Page 538.
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures, as of Date of Policy shown in Schedule A. against 1088 or damage, not exceeding the
amount of imurance stated in Schedule At and costs, attorneys' fecs and expenses which the Company-may
become obligated to pay hereunder, sustained or incurred by the insured by rea8~n of:
1. Title to the estate or interest described in Schedule A being vested. otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land: or
4. Unmarketability of such title.
In Witneu Whereof, TrlUl8america Title Inanrance Company has caused this policy to he signed and sealed
hy ita duly authorized office... as of Date of Policy shown in Schedule A.
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FORM NO. C_5000~1
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,-OR USE WITH COLOR....OO REGION AMERICAN LAND TITLE ....SSOCIATION OWNER'S POLICY-FORM B- 1970 (....MENDED 10.17-701
SCHEDULE A
Amount of Insurance S
123,125,00
Date of Policy
December 30, 1983
10:07 A.M.
1. Name of Insured:
CHARLES O. BISHOP
Policy No. 7302626
Sheet I of _ 4
2. The estate or interest in the land described herein and whidl is covered by this policy ia:
CHARLES O. BISHOP
in fee simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES O. BISHOP
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FORM NO. C-6000-Z
""OR USE: WITH COLORAOO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 IAMENDED 10-17-701
FOR USE WITH COLORADO REGION AMERICAN LANQ TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1910 (AMENDED 10-11.701
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S C H ED U LEA-Continued
The land rcfcrred to in this policy is situated in
Pitkin
the Slnlc of Colorado, County of
. and is dcscrillcd as follows:
Condominium Unit 1, ALPINE ACRES TOWNHOUSE CONDOMINIUM #4, according to
the Condominium Map appearing inthe records of the County Clerk and
Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined
and described in the Condominium Declaration thereof recorded December
30, 1983 in Book 458 at Page 152.
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FORM. NO. C-6000_3
~~," USE WIn. COLORADO REGION AMERICA.,.." LAND TITLE ASSOCIATI,ON LOAN POLICY 1970 (AMENDED 10.17-70)
FOR use WITH COLORADO REGION AMERI.CAN LAND TITLE ASSOCIATION OWNER'S POLlCY-FORM B-le1Q (AMENDED 10-11.70)
SCHEDULE B
PART I
This Policy does not insure against loss or J:ulla:.;e by rcn~on of the fOllowing:
L Rights or claims of parties in posscssion not shown by the puulic records.
2. Easemcnt~, or clnims of easements. not shown by lhc puhlic rccords.
3_ Discrepancies. conflicts in boundary lines, 6hortage in arca, encroachments, and any facts which a cor.
rcct sun.cy and inspcction of the premises would disclose and ,,,'hich .ne 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
Jaw ,and not shown by the public records.
S. Taxes due and payabIc; and any tax, spccial assessments, charge or lien imposed (or water or sewer
service. or for any olher special laxing dislrict. Taxes for the year .1982 paid according to
tax certificate dated January 5, ~984.
6. Right of way for ditches and canals constructed by the authority of the United
States, as reserved in the United States Patent recorded in Book 185 at Page 69.
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provi.sions and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
9. Easement and right of way for the construction, improvement, operation and
'maintenance of a public road and underground facilities granted to the City
of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (including all hardware, equipment, and appurtenances
thereto), commonly known as the Anthony Well, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, State of Colorado, entered on September 30, 1971, granted to the City of
Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321,
at Page 760.
11. Terms, agreements, prov1s1ons, conditions and obligations as contained in the
Articles of Incorporation of Alpine Acres SUbdivision Property Owners Association
Company, recorded May 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions and obligations as contained in City
Counsel of Aspen minutes, March 14TH, and March 28TH, recorded December 30, 1977
in Book 341 at Page 446.
13. Protective Covenants, restrictions, reservations and obligations which do not
contain a forfeiture or reverter clause, as contained in Declaration of Covenants,
restrictions, easements, charges and liens dated April 26, 1977, recorded April
26, 1977 in Book 327 at Page 446.
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FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70)
F"OR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10-17.70)
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14. Terms, conditions, provisions and obligations as contained in the Condominium
Declaration for Alpine Acres Townhouse Condominium, #4, recorded December 30, 1983
in Book 458 at Page 152 .
15. Terms, conditionsr provisions and obligations as set forth in the Article of
Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded
in Book at Page _
16. Agreements creating covenants running with the land recorded December 30, 1983
in Book 458 at Page 149.
17.
Deed of Trust from
to the Public Trustee
for the use of
to secure
dated
recorded
Charles O. Bishop
of the County of Pitkin
Aspen Savings ana Loan Association
$108,000.00
December 29, 1983
December 30, 1983 in Book 458 at Page 174
Adjustable Rate Rider in connection with the above Deed of Trust recorded
December 30, 1983 in Book 458 at Page 178 and Condominium Rider in connection
with the above Deed of Trust recorded December 30, 1983 in Book 458 at Page
181.
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COMMITMENT FOR TI1;LE INSURANCE
ISSUED BY
Transamerica Title Insurance Company
r
OATES, HUGHES & KNEZEVICH
534 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: LENNY OATES
L
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AMOUNT
OWNER $ 123.125.00
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ dn'! nn
$
$
$ ~ nn
$
$ 111..1 nn
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Your Referenee ANTHONY IBISHOP
CC's To:
No.
7302626
C
Sheet 1 of 2-
COMMITMENT TO INSURE
Transameriea Title Insuranee Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Sehedule A, in favor of the proposed insured named in Sehedule A, as owner or mortgagee of the estate or
interest covered hereby in the land deseribed or referred to in Sehedule A, upon payment of the premiums
and eharges therefor; all subject to the provisions of Sehedules A and B and to the eonditions and stipula-
tions attaehed.
Customer Contact: DON VEITCH
Phone: 925-1766
The effective date of this commitment is DECEMBER 8
At whieh time fee title was vested in:
By VINCENT J. HIGENS
AUTHORIZEO SIGNATURE
,19~at7:00 A. M.
LUKE W. ANTHONY,
in fee simple
SCHEDULE A
1. Polieies to be issued:
(A) Owners':
CHARLES O. BISHOP
(B) Mortgagee's:
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SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Deseribed as:
CONDOMINIUM UNIT 1, ALPINE ACRES TOWNHOUSE CONDOMINIUM,H4 according to the
Condominium Map appearing in the .records of the County Clerk .and Recorder
of Pitkin County, Colorado in Plat Book at Page , and as defined
and described in the Condominium Declaration thereof recorded
in Book at Page
NOTE: Presently known as LOT 4, BLOCK 1, ALPINE ACRES SUBDIVISION,
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SCHEDULE A-Continued
REQUIREMENTS
3. The following are the requirements to be eomplied with prior to the issuanee of said poliey or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exeeption under Schedule
B of the policy to be issued. Unless otherwise noted, all doeuments must be reeorded in the office of clerk,
and reeorder of the county in whieh said property is located.
A. Good and sufficient Condominium Plat and Declaration acceptable for recordation
and approved by Transamerica Title Ins. Co. prior to recordation.
B. Deed from Luke W. Anthony to Charles O. Bishop.
C. Release by the Public Trustee of the,
Deed of Trust from : Luke W. Anthony
to the Public Trustee of the County of Pitkin
for the use of Valley Federal Savings and Loan Association
to secure $150,000.00
dated May 27, 1977
recorded June 1, 1977 in Book 329 at Page 555.
D. Evidence satisfactory to Transamerica Title Ins. Co. that the Real Estate Transfer
Tax as established by Ordinance No. 20 (series of 1979) has been paid or exempted.
E. Certificate from Alpine Acres Subdivision Property Owners Association Company
evidencing the fact that all homeowners dues are current.
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SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
1. Rights or claims of parties in possession not shown by the publie records.
2. Easements, or claims of easements, not shown by the public records.
3. Diserepaneies, conflicts in boundary lines, shortage in area, eneroachments, and any faets whieh a
eorrect survey and inspeetion of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for serviees, labor, or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, speeial assessments, eharge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right of way for ditches and canals constructed by the authority of the United
States, as reserved in the United States Patent recorded in Book
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provisions and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
1
6
9. Easement and right of way for the construction, improvement, operation and
maintenance of a public road and underground facilities granted to the City
of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (including all hardware, equipment, and appurtenances
thereto), commonly known as the Anthony Well, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, State of Colorado, entered on September 30, 1971, granted to the City of
Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321
at Page 760.
11. Terms, agreements, provisions, conditions and obligations as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property Owners Association
Company, recorded May 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions
I) _ Counsel of Aspen minutes, March 14TH, and
\v in Book 341 at Page 446.
and obligations as contained in City
March 28TH, recorded December 30, 1977
13. Protective Covenants, restrictions, reservations and obligations whicb do not :
contain a forfeiture or reverter clause, as contained in Declaration of CoveniUnts,
restrictions, easements, charges and liens dated April 26, 1977, recorded April,
26, 1977 in Book 327 at Page 446. ;~,,'; '1'
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SCHEDULE B-Continued
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14. Terms, conditions, provisions and obligations as contained in the Condominium
Declaration for Alpine Acres Townhouse Condominium, #4, recorded
in Book at Page ~
15. Terms, conditions, provisions and obligations as set forth in the Article of
Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded
in Book at Page
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A,opahoe. Dou"Ta,
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lIHI.,_. c.l.._~. 8012'0
130JI19l4000
larlm.r
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10.1100
fori u.1ti"t. c...lo....d. 10'21
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Bould.r
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lo"ld.., Colo.odo 10302
(1031 L41.]16O
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(;01 1!:. IlOPJCllfS
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(3011 t23..1166
Eagle
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Voll, Colo.odo '16.37
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Transamenca
Tille Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insuranee in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The poliey is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any ehanges in the transaction, order an
amendment from us.
8.
The date on this Commitment is important. Nothing after that date has been considered by us.
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This Commitment is good for 6 months onl)'. Extensions should be ordered from us if they are
needed.
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ATTII!<r"J<;Y AT 1,,\\\
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April 23, 1987
Mr. steve Burstein
City of Aspen
Planning & Zoning Dept.
130 South Galena
Aspen, CO 81611
Re: Bishop/Dunn Rezoning of
Alpine Acres Subdivision
Dear steve:
Enclosed herewith is a rezoning data for Alpine Acres
which was initiated by the City. A check for the application
is enclosed, along with a map, list of property owners within
and a petition of the owners within the subdivision. There
are two owners who have not signed as yet. These are the
Racquet Club Condominiums, a partnership and the Haas's who
were unavailable to sign (they were out of town). Both have
verbally indicated they do not object and we should have their
written approval within two weeks. Since this is a City
initiated change, their written consent is not technically
required so I would hope you could begin processing the
rezoning.
If you need anything further, please don't hesitate to
contact my office.
Very truly yours,
JTK/og
Enclosures
John Thomas Kelly
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Petition for Rezoning
The undersigned, being all of the owners of the Alpine
Acres Subdivision, do hereby petition the City Council of the
City of Aspen, Colorado, to rezone the Alpine Acres Subdi-
vision from R-lS to R-6 in accordance with Section 24-12.5 of
the Municipal Code of the rity of Aspen and allege as follows:
1. That such rezoning is desirable and necessary.
2. That the legal description of the property to be
rezoned is as follows:
Lots 1, 2, 3, 4 and S, Alpine Acres Subdivision,
Pitkin County, Colorado
3. That the undersigned are all of the owners of said
subdivision.
4. The undersigned request that the property be rezoned
from R-lS to R-6.
cf3~v W)';JIr
Peter Wi rth i
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OWNERS:
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Joseph Dunn
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Barbara Tarbet Lucy II nn
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Charles O. Bishop ~
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Michael l1aas
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Chrlstine P.
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April 23, 1987
Planning and Zoning Commission--city of Aspen
Aspen City Council
Aspen/Pitkin Planning Office
Re: Rezoning Request -- Alpine Acres
Subdivision -- R-15 to R-6 -- Dunne
Ladies and Gentlemen:
This matter is an
Acres Subdivision from
tiated this request.
application for Rezoning of the Alpine
R-15 to R-6. The City Council ini-
The purpose of the rezoning request is to permit modest
expansion of the existing Victorians as Unit 1 and Unit 2
Alpine Acres Subdivision. The undersigned submitted on
October 25, 1986, an application for subdivision exemption for
a lot split in order to change the existing condominiums into
two single family residences. The entire application was
based on the assumption that the property was zoned R-6, as is
indicated on the official zoning map. Subsequent to our
application, as a result of Planning Office research, it was
determined that the property was actually zoned R-15 and that
the map was in error.
The problem faced by the undersigned is basically that
under the current zoning, our property can only be expanded as
a duplex structure. The two units have been physically
separate for many years prior to our ownership, and are in
fact, no longer a duplex. To reconvert the cottages into a
duplex would violate the principals of historic preservation
and sound architectural planning. To retain the architectural
integrity of the mining cottages, they should be improved
separately and this is impossible under the current zoning. A
rezoning to R-6 will enable us to go forward with our lot
split applications and continue with our improvement plan.
Any plans actually approved would, of course, be subject to
HPC review.
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Planning
April
Page -2-
& Zoni~Commission
1987 . ~
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We feel that the rezoning request is appropriate based on
the following:
1. Applicants have already gone to great expense in
their subdivision exemption based on a good faith reliance on
the R-6 designation shown on the official zoning map.
2.
adverse
health,
The rezoning would permit no additional density,
traffic or parking impacts, or in any way effect the
welfare or safety of the citizens of Aspen.
3. The neighborhood is a mix of single-family and
multi-family residences. The applicants' properties are part
of a group of four Victorian miners cottages which at one time
were duplexes but are now physically separate. The rezoning
is therefore appropriate for the surrounding community and
will preserve and enhance a "Victorian enclave" in East Aspen.
4. There is a need for the rezoning in order to
the owners of the subdivision to orderly improve
historic properties in a way which is architecturally
which is a goal we believe Council supports.
permit
these
sound,
Attached are the following:
1. List of property owners within 300 feet;
2. Aerial survey map; and
3. Consent of
Subdivision.
all owners
of the
Alpine
Acres
Please let us know if you need anything further and we
would appreciate a hearing date before the Planning and Zoning
Commission as soon as possible.
Respec~fully submitted,
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Sunny Park North
1. Penny Evans -- Box 4774, Aspen, CO. 81612
2. Colorado National Bank--Glenwood Springs -- 501 Grand
Avenue, Glenwood Springs, CO. 81601
(In Reference to Sunny Park North Subdivision Lot 3)
Tailings Condominiums
3.
Randy Bernard
401 West Parkway, High Point, NC. 27262
4. Barbara Allen & Bill Dunaway -- Box E, Aspen, CO. 81612
5. Mountain States Comm. -- 310 East Main, Aspen, CO. 81611
6 .
Robert King Pierce
Box 3118, Aspen, CO. 81612
7.
Mead F. Metcalf -- Box 32
Aspen, CO. 81612
8. Margot Pendleton -- 180 Park Cir. #TH-3, Aspen, CO. 81612
9. Robert & Dana Bond -- 3530 Central Avenue, Shadyside, OH.
43947
10. Joann F. Valley -- Box 4806, Aspen, CO. 81612
11. Robert B. Latousek -- 738 Timberline Drive, Glenview, IL.
60025
165 Park Circle Condominiums
12. Betty Dillon -- Box 11810, Aspen, CO. 81612
13. Patricia Ann Flug -- c/o GULFCO Ltd., 616 E. Hyman,
Aspen, CO. 81611
14. Susan Cochran & David Barbier -- Box 11673, Aspen, CO.
81612
15. David Singer -- 1160 Kane Concourse, Bay Harbor Island,
Miami Beach, FL. 33154
Jacobie Condominiums
16. Craig Jacobie -- Box 1817, Aspen, CO. 81612
17. Suzette Ann Jacobie -- 3801 E. Alta Dena, Phoenix, AZ.
85026
18. The Guy R. James Revocable Trust -- 740 Gilpin, Denver,
CO. 80218
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Page Two
Martinson-Nostdahl Condominiums
19. Dieter Bibbiq -- Box 175, Aspen, CO. 81612
20. River Bank West Corp. -- Box 175, Aspen, CO. 81612
21. John R. & stenger W. Werning -- 905 E. Hopkins, Aspen,
CO. 81611
22. Sunshine Partners
Box 3104, Aspen, CO. 81612
23. Alan J. Goldstein
571 Lyell Ave., Rochester, NY. 14606
24. Walter H. & Marian H. Prockter -- 1815 S. Federal,
Denver, CO. 80219
Astor Subdivision
25. C. L. Astor & Co. -- 981 King Street, Aspen, CO. 81611
Sunny Park North Condominiums
26. John & Pamela Fisher -- 205 Park Circle, Aspen, CO. 81611
27. Ralph & Marian Melville c/o Mountain Chalet, 333 E.
Durant, Aspen, CO. 81611
Balinda Bell Condominium
28. Lois M. Brownell Vagneur -- Box 96, Woody Creek, CO.
81656
Brownell Condominium
29. William Dunaway -- Box E, Aspen, CO. 81612
30. Robin Dunaway -- Box E, Aspen, CO. 81612
Park Circle Condominiums
31. James Thompson & Barbara Allen Freund -- 185 North Park
Circle, #A-l, Aspen, CO. 81611
32. Thomas Reynolds & Elsie Fisher -- 185 North Park Circle,
#A-2, Aspen, CO. 81611
33. Suellyn Crisovan -- Box 9350, Aspen, CO. 81612
34. Mountain States Comm. -- Box E, Aspen, CO. 81612
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35. Mountain states Comm. -- 310 East Main, Aspen, CO. 81612
36. Reginald Smith -- Box 4244, Aspen, CO. 81612
37. James Mickey -- 185 N. Park Circle, #BB, aspen, CO. 81611
38. George Newell & Edda Hill -- Box 2179, Aspen, CO. 81612
39. John McCormick -- Box 2974, Aspen, CO. 81612
40. Carl Bentley & Mary Schrum -- Box 4812, Aspen, CO. 81612
41. Elayne Scoofakes -- Box 9756, Aspen, CO. 81612
42. Kathleen Hughes -- Box 3930, Aspen, CO. 81612
Patricia Condominium
43. Thomas & Warren Detweiler -- Box 3654, Aspen, CO. 81612
44. Howard D. Hatanaka & Salley O'Neal -- Box 4233, Aspen,
CO. 81612
Single Lots
45. Peter Heineman
Box 118, Morrison, CO. 80465
46. Ernest Kappele
Box 1962, Aspen, CO. 81612
47. Robert Zupancis -- 936 King Street, Aspen, CO. 81611
48. Micheal Morgan -- 3651 Austin Road, Brawley, CA. 92227
49. James & Marlene Mickey -- 927 Gibson Avenue, Aspen, CO.
81611
50. Charles & Bryce Maple -- 927 Gibson Avenue, Aspen, CO.
81611
51. Ann Peterson -- 35 Locust Street, Mill Valley, CA. 94941
52. Smuggler Racquet club -- Box 8788, Aspen, CO. 81612
Smuggler Mobile Home Park Subdivision
53. Smuggler Mobile Home Owners' Association
301 Oak Lane
Aspen, Colorado 81611
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.JOHN 'l'IIOMAS KELLY
/\'l''J'OI'':NI';Y AT LA W
117 SOUTH Sl'HINU STHEKI'
ASPEN, {'OI,OHAI>O HItitl
TI';I.I.;I'IIC)NI'; (;\0:11 n:!~-l:!lli
April 23, 1987
Aspen/Pitkin Planning Department
130 South Galena
Aspen, CO 81611
Gentlemen:
The undersigned being an attorney duly licensed to
practice law in the state of Colorado, from December 1983 up
to and including May 20, 1987 and finds title to the
properties described below vested as follows:
Unit 2, Alpine Acres Townhouse Condominiums No. 4 -
Joseph Dunn and Lucy Dunn
Unit 1, Alpine Acres Townhouse Condominiums No.4 -
Charles O. Bishop
Subject only to those items contained in B of the title
policies attached hereto.
very truly yours,
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John Thomas Kelly
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FHOM COVERAGE, THE EXCEPTIONS CON.
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERlCA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures, 8S of Date of Policy shown in Schedule A, against loss or damage~ not exceeding the
amount of insurance stated in Schedule A, and cosls, attorneys' fecs and expenses which the Company. may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. TiUe to the estate or interest described in Schedule A being vcsted otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title:
3. Lack of a right of access to and from the land; or
4, Unmarketability of such title.
In Witneu Whereof. Transamenca Title Insurance Company has caused this policy to he signed and sealed
by its duly authorized officers as of Date of Policy .hown in Schedule A.
By
Prelidcnt
By
Secretory
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FORM NO. C.5000-1
,,"OR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLlCY~FORM B- 1970 (AMENDED 10.17-10)
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SCHEDULE A
Amount of Insurance S
Policy No.
143,125.00
Date of Policy
Sheet I of _ 4
January 4, 1984
4:20 P.M.
1. Name of Insured:
JOSEPH DUNN and MARY C. WAGER
2. The estate or interest in the land described herein and \\.hich is co\'ered by this policy is:
JOSEPH DUNN and l1ARY C. WAGER,
as tenants in common,
in fee simple
3. The estate or interest referred to herein is at Dale of Policy vested in:
JOSEPH DUNN and MARY C. WAGER
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ForHA NO. C.600Q.2
rOil use WITH COLORADO REGION AMERICAN L"ND TITLE ASSOCIATION LOAN POLICY 19'70 'AMENDED 10-11,70)
FOil USE WITH COLORAOO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1970 (AMENDED 10-17.'70.
S C H ED U LEA-Continued
The land rderrcd 10 in this policy is 6il\lated H1
Pitkin
the Stnte of Colorado, County of
. :lIld is dc~crihcd :\5 follows:
Condominium Unit 2, ALPINE ACRES TOl,o.lNHOUSE CONDONINIUM #4, according to
the Condominium Map appearing in the records of the County Clerk and
Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined
and described in the Condominium Declaration thereof recorded December
30, 1973 in Book 458 at Page 152.
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,,"OR USC WITH COLOR....OO RCGION ....,...CRIC....N LAkO TITLe .....SSDCI....TION LO....N POLICY 1910 (....,...eNDeo 'C?-11.10)
FOR u~;c WITH COLOR....OO Rf:GION ....1-1CHIC.....N LA"'D TITLC ASSOCIATION OVo.N(R'S POLICY-rORM D~'Sl70 (........CNOr.O 10-17.70)
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SCHEDULE B
PART I
This Policy (locs not insure againq lo~~ or d;lIna~e by H::t~on of Ihe following:
1. Ri:;hts or C'hil1ls of parlies in l'o."."cs."ion not dlo\\'n by tIle publiC' T(.C'ords.
2. Easements, or cbillls of cascrncnls, not 5110'\'0 by die pul)lic rc-cords_
3_ Discrepancies, conflicts in ]Jollndary lines, sllOrlage in area, encroachments, and any facts ,\.hich a cor~
rect survey and inspection of the premise! \\'ould disclose and \\'hich arc not sltm\-n by the public records.
4. Any lien, or right 10 a lien, for sen'ices., labor, or maleriaIIH.>rclofore or hereafter furnished, imposed by
law and not shmnl by dIe public records..
s. Taxes clue :tnd payable; and an)' 1ax, special aS5-eS5'nlenls, charge or lien imposed fo-r \\'atcc or sewer
f:en'ice. or for an)' other special taxing district. Taxes for the year ,1982 paid according to
tax certificate dated January 5, 1984~
6~ Right of way for ditches and canals constructed by the authority of the United
States, as reserved in the United States Patent recorded in Book 185 at Page 69.
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provisions and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
9. Easement and right of ~ay for the co~struction, i~provement, operation and
maintenance of a public road and unaerground facilities granted to the City
of Aspen by Luke W. Anthony in the instr~"ent recorded December 21, 1976 in
Book 321 at Page 761.
lO~ The water right and structure (inclucing all hardware, equipment, and appurtenances
thereto), commonly kno...n as the hnthony \':ell, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, State of Colorado, entered on Septer.ber 30, 1971, granted to the City of
'.Aspen .by Luke w~ Anthony in the instru.~ent recorded December 21, 1976 in Book 321
at Page 760.
11. Terms, agree~ents, provisions, conditions end obligations'as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property Ow~ers Association
Company, recorded ~~y 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions and obligations as contained in City
Counsel of Aspen minutes, j.1.arch 14TIi, and !':arch 28TH, recorded December 30, 1977
in Book 341 at Page 446.
13. Protective Covenants, restrictions, reservations end obligations ~hich do not
contain a forfeiture or reverter clause, as contained in Declaration of Covenants,
restrictions, easements, charges and liens dated April 26, 1977, recorded April
26. 1977 in Book 327 at Page 446.
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FORM NO. C.60OQ.3C
,'011 use WITH COLORADO RF.GION ^MI:RICAN LANO TITLE ASSOCIATION l-OAN POLICY
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1910 (AMENDee 10.17.70)
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FOR use: WITH COLORAOO "..GION ....MERICAN !.....NO TITLE ASSOCI.o.TION OWI"CR"S POLICY-rORM D-1970 (AMENDEO 10.17.10)
S C H E D U L E B-Continued
14: Terms, conditions, provisions and obligations as contained in the Condominium
Declaration for Alpine Acres Townhouse Condominium, ~4, recorded December 30 t 1983
in Book 458 at Pa~e 152 .
15. Terms, conditions, provisions and obligations as set forth in the Article of
Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded
in Book at Page
16. Agreements creating covenants running with the land recorded December 30, 1983
in Book 458 at Page 149.
17.
Deed of Trust from
to the Public Trustee
for the use of
to secure
dated
recorded
Joseph Dunn and Na.ry C. \'lager
of the County of Pitkin
Aspen Savings and Loan Association
$70,000.00
January 3, 1984
January 4, 1984 in Book 458 at Page
534
Adjustable Rate Rider in connection with the above Deed of Trust recorded
January 4, 1984 in Book 458 at Page 538.
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures" as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A" and costs; attorneys' fees and expenses which the Companrmay
become obligated to pay hereunder, sustained or incurred by the insured by reas~n of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. lack of a right of access to and from the land; or
4, Unmarketability of such title.
In W'itneu Whereof, Transamerica Title Insurance Company baa caused this policy to be signed and ~aIed
by its duly authorized office", aa of Date of Policy shown in Schedule A.
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By
Seu.tary
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e following matters are expressly excluded from the coverage of this policy:
J. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) reo
'" stricting or regulating or prohibiting the occupancy. use or enjoyment of the land, or regulating the character,
W dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or othe,' mailers (a) created. suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subse.
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or interest insured by this policy.
SCHEkE OF EXCLUSIONS
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following tenns when used in this policy mean:
(a) "insured": the insured named in Schedule A, and.
subject to any rights or defenses the Company may have
against the named insured. those who succeed to the interest
of such insured by operation of law as dislin~uished from
purchase including. but not limited to, heirs, distributces.
devisees, survivors, personal representatives. next of kin, or
corporate or fiduciary successors,
(b) "insured c1aimanC': an insured claiming loss or dam.
age hereunder,
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) "land"; the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the tenn .'Iand.'
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abuttinJ:: streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records"; those records which by law impart
constructive notice of matters relating to said land.
2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted.
neS5 secured by a purchase money mortgage given by a pur.
chaser from such Insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS _ NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all litiga-
tion consisting of actions or proceedings commenced a~ainst
such insured, or a defense interpoSed against an insured in an
action to enforce a contract for a sale of the estate or interest
in said land. to the extent that such litigation is founded upon
an alleged defect, lien, encumbrance, or other matter insured
against by this policy.
(b) The insured shall notify the Company promptly in
writing (i) in case <lny action or proceeding is begun or de.
fense is interposed as set forth in (a) above. (ii) in case knowl-
edge shall corne to an insured hereunder of any claim of title
Or interest which is adverse to the title to the estate or interest.
as insured. ~nd which might cause loss or damage for which
the Company mav be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as un-
marketable. If such prompt notice shall not be given to the
Company, then as to such insured all liability of the Company
shall cease and terminate in regard to the matter or matters
for which such prompt notice is required; provided, however.
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured. and the Company may take any appro.
priate action under the terms of this policy, whether or not
it shall be liable thereunder, <l.nd shall not thereby concede
liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro-
visions of this policy, the Company may pursue any such
litigation to final determination by a court of competent juris~
diction and expressly reserves the right, in its sole discretion.
to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the
Company the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and pennit the
Company to use. at its option, the name of such insured for
such purpose. Whenever requested by the Company. such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evidence,
obtaining witnesses, or prosecutinn or defendin~ such action
or proceeding, and the Company shall reimburse such insured
for any expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under para~raph 3(b)
of these' Conditions an4 Stipulations. a statement in Writing
of any Joss or damage for which it is claimed the Company
is liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been de-
tennined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall_ have been
furnished. Failure to furnish such statement of Joss or damage
shall tenninate any liability of the Company under thIs polley
as to such loss or damage. ,
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S. OPTIONS ,TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim in-
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs. -attorneys' fees and expenses incurred up to the time
of suc_h payment or tender of payment, by the insured claim-
ant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The Iiabilitv of the Company under this policy shall
in no case exceed the least of:
(i) the actual loss of the insured claimant: or
(ii) toe amount of insurance in Schedule A.
(b) The Company will pay. in addition to any loss insured
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintained under this policy
(a) if the Company. after having received notice of an alleged
defect, lien or encumbrance insured against hereunder. by
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of com.
petent jurisdiction, and disposition of all appea.ls therefrom,
adverse to the title. as. insurcd, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insurcd
in settling any claim or suit without prior written consent of
the Company.
B. REDUCTION OF LIABILITY
All payments under this policy. except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policV be lost or destroyed, in which case proof of such
loss .or destruction shall be furnished to the satisfaction of
the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mort~age
hereafter executed by an insured which is a cha~e or lien on
the estate or interest described Of referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy. The Company shall have the option to apply to the pay-
ment or any such mortgages any amount that otherwise wouJd ;
be payable hereunder to the insured. owner of the estate Of'
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interest covered by this policy and the amount so paid shall
be deemed a paymcnt under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estab.
lished affecting one or more of said parcels but not all, the
loss shall be computed and settled on a pro rata basis as j(
the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent
to Date of Policy. unless a liability or value has otherwise
been agreed upon as to each such parcel by the Company and
thc insurcd at the time of the issuance of this policy and
shown by an express statement herein or by an endorsement
nttnchcd hereto,
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shaU vest in the Company
unaffected by any act of the insured claimant. 'Il1e Company
shall be subrogated to and be entitled to all rights and reme-
dies which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued. and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
use the name of such insured claimant in any transaction or
litigation involving sud, rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss.
If loss should result from any act of such insured claimant.
such act shall not void this policy, but the Company, in that
event, shall bc required to pay only that part of any Josses
insurcd against hercunder which shall exceed the amount. if
any. lost to the Company by reason of the impairment of the
right of subrogation,
12. LIABIlITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company,
Any claim of loss or damage. whether or not based on
negligence. and which arises out of the status of the tiUe to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
and stipulations of this policy.
No amendment of or endorsement to this poticy can be
made except by writing endorsed hereon or attached hereto
signed by either the President. a Vice President. the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory. of the Company.
13. NOTICES, WHERE SENT
All notiCes required to be given the Company and any ,~_:/
statement in writing required to be furnished the Company ~;}'r:~
shall be,addressed to Transamerica TitJe~lnsurance Company,.:::. 1:
P. O. Box 605, Denver, Colorado 80201.:!$ 4'....1". ....'" ~I.,,"J, 't:'l"
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'DIVISION OF INSURANCE
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STATE OF COLORAOQ
DEPARTMENT OF" REGULATORY AGENCIES
106 STATE OFFICE BUILDING a 201 E. COl.FAX AVE.
OENVER, COLORADO 80203
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Hay I, 1977
Dear Real Estate Purchaser:
FollowIng this letter you will fInd a brief explanation of your titie
Insurance commitment and poT Icy.
rftle Insuranc~ companies are regulated by this Division, as are
other types of Insurance Companies. This DivIsion makes certaIn that com-
panies IssuIng tItle Insurance commitments and tItle Insurance policies are
financIally sound, and that they Operate In accordance with statutes and
regulations.
We also have a great interest in making certain that yOU, as the
consumer, understand the purpose of tItle Insurance and that you understand
YOur rights under your Insurance policy.
/n the event you are dissatisfied wIth responses given to your ques-
tions or problems by your title Insurance company, you are encOUraged to
send YOur questions concernIng title Insurance or any complaints that you
may have against YOur title Insurer to this Office. We are on hand to make
certaIn that all YOur rights and remedIes, both under YOur polley and under
law, are available to you at aJ) times.
JRa:bl
Sincerely,
~aAR~
CommIssioner of Insurance
As a purChaser of a home or other real estate you may receive a "Commltmenl for Tille Insurance" and a "Policy of Tille Insurance:' Both of
Ihese dOCuments, like many others in connection with your purchase, are contracts creating legal rights whIch you should read carefully and
which YOu may wish to have examined and explained by a lawyer or olher adviser, While the fOllowing description of these documents cannot
change the preCise terms of these documents, it Is hoped that this will help yOU to understand their purpose and effect and answer Some of
YOur Questions about them.
QUESTION: .WHAT IS TITLE INSURANCE?"
ANSWER; Basically, it is a contract with the tille insurance company in which the company agrees to defend and Indemnify you against
losses which you may suffer because of unreported defects in the title to YOur property as of the date'of the'contraCl.1l is not casualty
Insurance and, therefore. does not protect you against acts of theft or damage 10 your home by fire, storm' and the like. Essentially. the
insurance insures that you have tille to the property subject only to certain eXCeptions and exclusions listed in the Policy of Title Insurance,
Tille insurance recognizes the possIbility of loss, but transfers the risk of loss from you as property Owner to the company Issuing the policy.
, For this reason title Insurance companies are,reQuired to maintaIn reserves to Cover losses, ' , " ',,,,",,,,,,
,If You are financIng your purchas~, your lender will ordinarijy,reQuire that you obtain a separate lender's POliCy to insure that your proPerty
,'Willinfactserveas,aecurityforilsloark";",,,,,,,O,,," "",',,," ,," ,,'" ,',",," "', "";"""'<:';<;"""""';0",
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QUESTION: "WHAT DOES THE PREMIUM PAY FOR?" ">cl:, ''''', ''''''''0 >,oy
(" ANSWER: T~~ .!'ne, lill',e.,n9n-r~9~rri,ng pr~mium paY$ 19r ~~verallh.ings.1l helps to, paX for the,cost of colle<:ting. ,~ain!W\Vn,g.,t!e!\'"Chlng
, and examining l"ebl eState reCOlds 'anO' certalrl'other public records whIch relate to your propertY so that the Ime InsW"',9~ .company can
determIne the Insurability of YOur tille, For example, the title insurance company will determine whether,lhe public record.show lh8t ~ur',
seller really oWns Ihe property. what mortgages or liens Ca recorded legal claim) may exist. whether there are restrictive covenaribton your
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>opcrty or easements which allow persons t.o cross your properlyorto place utilities across your properly. The premium also serves to finance
/!er/ain ,legal costs which may arise if your tllle is challenged, Addillonall~. payment of the ~remium requires the title insurance company to
/ indemnify you for any losses you suffer as a result of the title company s failure to fulfIll Its contractual obligations under your title policy.
, QUESTION: "WHAT IS A COMMITMENT FOR TITLE INSURANCE?"
ANSWER: A Commitment for Tille Insurance is a standardized preliminary document authorized by the Commissioner of Insurance
indicating thaI a title insurance company will issue a title insurance Dolicy 10 you after certain sleps have been taken. such as the payment
of an outstanding mortgage or lien and the issuance of a deed to you_ These steps are set out in the commitment as "requirements" in
Schedule B-Section 1, In Schedule B-Section 2 "Exceptions;' the commitment also summarizes certain existing limitations on the use of
your property, the defects in your title and liens against your property. Your policy will not protect you against these matters. You will note that
some of these limitations and defects may still exist even after all of the requirements of the commitment have been met. These other matters
are usually such things as restrictive covenants or easements for utilities and the like. You should carefully read both the "requirements.' and
the exceptions to title staled in the commitment so that you may raise objections if there are matters affecting the tille to which you did not
agree when you signed the contract to purchase your property_
Some of the "exceptions" are standard and will not normally be covered by your title policy. The first standard exception is any claim by
parties in possession of the property which is not shown by the public records. This means. for example. that someone may have been living
on tile property for a long period of time and may claim that they own the property. even though they do not have a recorded deed; or may
claim that they are somehow otherwise entitled to be on the property. The title insurance company could not learn of such a claim by examining
the public real estate records, You should inspect the property to make sure that anyone living there will respect your ownership,
Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement, even
though there is no instrument of record giving that person the authority to do so.
Exception 3 of the standard commitment in essence says that the tiUe insurance policy will not insure against problems concerning
the exact boundary lines of tile property you are purchasing. which means that you should make certain that there are no fences or other
encroachments on your property, particularly if you do not have a survey. Again, a title insurance company cannot determine whether such
problems exist on your property because employees of the tiUe insurance company will not inspect the property unless they are specially
requested and paid to do so.
Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who
has not been paid. The title insurance company does not have any way of determining whether such claims may exist in the absence of some
recorded document. You may wish to verify that no such unsatisfied claims exist.
The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your
purchase, Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded
in the public records, or the amount of which has not yet been determined. .
If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No, 130
which removes several of the standard exceptions and will give you insurance for some of those matters,
You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge.
Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the
lowest premium to which he is entitled. For instance. if there has been a title insurance policy issued to your seller within the last two years.
he may be entitled to receive some credit for the prior premium against the amount of premium which hewill now pay.
OUESTlON: .WHAT IS THE POLICY OF TITLE INSURANCE?"
,
ANSWER: The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded, It. too, is
a standardized document. the printed portions of which have been approved by the Commissioner of Insurance,
Schedule A of your pOlicy will set forth, among other matters. the amount of insurance coverage. your name as the insured. your interest
in the property, such as actual ownership or a leasehold interest, and the legal description of the property,
Your title insurance policy. as any other insurance policy, has exceptions from coverage, These will be set forth in Schedule B of your
policy and in the Schedule of Exclusions from Coverage, Matters which may limit coverage will be set forth in the "Conditions and Stipulations"
section of the policy,
In Schedule B of the policy. you will find those items against which the title insurance company does not. or cannot. insure. Many of these
will be the same as the exceptions set out in Schedule B of the Title Commitment.
The Schedule of Exclusions from Coverage exctudes matters such as zoning ordinances which regulate how the property may be used,
rights which may be possessed by a governmental body and which might be exercised against the property. and any defects of which you may
be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete
your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the 'policy.
You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created
in the future, It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date
of the policy even though they may not be discovered until some future date.
The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation
of the terms of the policy. and also deals with how you should notify the title insurance company in the event you may believe that you may
have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it, and-you cannot
find that right set forth in your policy as an exception or an exclusion. you must notify the title insurance company in writing of the situation.
The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the
matter or problem that you raise, if it is covered by the policy. so that the dispute may be resolved in as timelya manner as possible. -" I"" '''<:";~.
You should know that if the problem is covered by your title insurance policy, a title Insurance company must usually bea~ ihe~cosis:of
litigation, either to defend your title in the event of an adverse claim against it. or sometimes to bring affirmative legal action to' clear up the
problem. In so doing, the title insurance company retains the right of settling the claim or pursuing the matter through the courts. if it believes
that the rights asserted by a third party against your property are not legally justified. It the title insurance company takes the position that the
matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after
you present your claim. ' .~,' - ;: :iOG TA:{'(i~ ;ito'lO~T~3UO
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,'" QUESTlON:""W'"!AT IF I STILL HAVE FURTHER OUESTIONS ABOUTTHEgOMMITMENT FOR TITLE INS.URAI;lCE,Cl!1 p,g~tCX"9F
T1TLEINSURA~C~~ " '" "', ._ . _'. .".,! '_ :"""_ ,:,' I ,Iilldklll;~rli ';IoJ &nlCfnsoJ91;
::: ANS'WER: Y~u' s'h'ould certainly ask them of your attorney. the seller. the lender or the title Insurance company. If you do not receive a
satisfactory answer to your questions. you may contact the office of the Colorado Commissioner of Insurance.J. Richard Barnes. Commissioner,
Department of Regulatory Agencies. 106 State Office Building, Denver, Colorado 80203.
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,-OR USE WITH COLORADO REGION AMERICAN LA NO TITLE ASSOCIATION OWNER'S POLICY-FORM D- 1970 (AMENDED 10-17-701
SCHEDULE A
Amount of Insurance S
123,125.00
Date of Policy
December 30, 19B3
10:07 A.M.
1. Name of Insured:
CHARLES O. BISHOP
Polic)" No. 7302626
Sheet I of _ 4
2. The es[ate or interest in the land described herein and which is covered by this policy is:
CHARLES O. BISHOP
in fee simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES O. BISHOP
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FORM NO. C.6000.Z
Fon USE WITH COLORAOO REGION AMERICAN LANO TITLE: ASSOCIATION LOAN POLICY 1970 <AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM D~1S110 (AMENOED 10-17.70)
S C H ED U LEA-Continued
The land referred to in this policy is situated in
Pitkin
(he Slate of Colorado, County of
, and is described as follows:
Condominium Unit 1, ALPINE ACRES TO'tlNHOUSE CONDOl1INIUl1 #4, according to
the Condominium J.1ap appear ing in the records of the County Clerk and
Recorder of Pitkin County, in Plat Book 15 at Page 73, and as defined
and described in the Condominium Declaration thereof recorded December
30, 1983 in Book 458 at Page 152.
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~!:-1t USE WITH COLORADO REGION A.MERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70)
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rOR USE WITH COLORADO REGION AMERI.CAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10.17.70)
SCHEDULE n
PAnT I
This Policy does not insure agninst Joss or (bmage hy reason of the following:
1. Rights or claims of parlics in possession not shown by the public records.
2. Easements, or clnims of easements, not shown by the puhlic records.
3. Discrepaneies. conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor~
recl 6un'cy and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to n lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law ,and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or Hen imposed for water or sewer
service, or for an)' olher special laxing district. Taxes for the year .1982 paid according to
tax certificate dated January 5, ~984.
6. Right of way for ditches and canals constructed by the authority of the United
States, as reserved in the United States Patent recorded in Book 185 at Page 69.
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provisions and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
9. Easement and right of way for the construction, improvement, operation and
maintenance of a public road and underground facilities granted to the City
of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (including all hardware, equipment, and appurtenances
thereto), commonly known as the Anthony Well, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, State of Colorado, entered on September 30, 1971, granted to the City of
Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321,
at Page 760.
11. Terms, agreements, provisions, conditions and obligations as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property OWners Association
Company, recorded May 19, 1977 in Book 328 at Page 990.
12. Terms, agreements, provisions, conditions and obligations as contained in City
Counsel of Aspen minutes, March 14TH, and March 28TH, recorded December 30, 1977
in Book 341 at Page 446.
13. Protective Covenants, restrictions, reservations and obligations which do not
contain a forfeiture or reverter clause, as contained in Declaration of Covenants,
restrictions, easements, charges and liens dated April 26, 1977, recorded April
26, 1977 in Book 327 at Page 446.
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FORM NO. C.6000-3C
FOR USE WITH COLORADO REGION AMERICA.N LANO TITLE ASSOCIATION LOAN POLICY 1910 (AMENDED 10.17.70)
FOR USE WITH COLORAOO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1I:t70 (AMENDED 10_17.70)
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S C II ED U L E B-Continued
14. Terms, conditions, provisions and obligations as contained in the Condominium
Declaration for Alpine Acres Townhouse Condominium, #4, recorded December 3D, 1983
in Book 458 at Page 152 .
15. Terms, conditions, provisions and obligations as set forth in the Article of
Incorporation of Alpine Acres Townhouse Condominiums, #4, recorded
in Book at Page
16. Agreements creating covenants running with the land recorded December 30, 1983
in Book 45B at Page 149.
17.
Deed of Trust from
to the Public Trustee
for the use of
to secure
dated
recorded
Charles O. Bishop
of the County of Pitkin
Aspen Savings ana Loan Association
$108,000.00
December 29, 1983
December 30, 1983 in Book 458 at Page 174
Adjustable Rate Rider in connection with the above Deed of Trust recorded
December 30, 1983 in Book 458 at Page 178 and Condominium Rider in connection
with the above Deed of Trust recorded December 30, 1983 in Book 458 at Page
181.
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COMMITMENT FOR TiTLE INSURANCE
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ISSUED BY
Transamerica Title Insurance Company
TOTALS
PREMIUM
$ 4nq nn
$
$
$ <; nn
$
$ 41 4 nn
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OATES, HUGHES & KNEZEVICH
534 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: LENNY OATES
L
,
AMOUNT
OWNER $ 123.125 00
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
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Your Referenee ANTHONY/BISHOP
CC's To:
No.
7302626
C
Sheet 1 of ~
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California eorporation, herein ealled the Company, for a
valuable eonsideration, hereby commits to issue its poliey or policies of title insurance, as identified in
Sehedule A, in favor of the proposed insured named in Sehedule A, as owner or mortgagee of the estate or
interest covered hereby in the land deseribed or referred to in Sehedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Sehedules A and B and to the conditions and stipula-
tions attached.
Customer Contact: DON VEITCH
Phone: 925-1766
The effective date of this eommitment is DECEMBER 8
At whieh time fee title was vested in:
By VINCENT J. HIGENS
AUTHORIZED SIGNATURE
,19~at7:00 A. M.
LUKE W. ANTHONY,
in fee simple
SCHEDULE A
1. Policies to be issued:
(A) Owners':
CHARLES O. BISHOP
(B) Mortgagee's:
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SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Deseribed as:
CONDOMINIUM UNIT 1, ALPINE ACRES TOWNHOUSE CONDOMINIUMn4 according to the
Condominium Map appearing in the .records of the County Clerk ,and Recorder
of pitkin County, Colorado in plat Book at Page ____, and as defined
and described in the Condo~inium Declaration thereof recorded
in Book at Page
NOTE: Presently known as LOT 4, BLOCK 1, ALPINE ACRES SUBDIVISION.
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REQUIREMENTS
3, The following are the requirements to be complied with prior to the issuance of said poliey or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exeeption under Sehedule
B of the policy to be issued. Unless otherwise noted, all documents must be ,'eeorded in the offiee of clerk,
and reeorder of the eounty in which said property is located.
A. Good and sufficient Condominium plat and Declaration acceptable for recordation
and approved by Transamerica Title Ins. Co. prior to recordation.
B. Deed from Luke W. Anthony to Charles O. Bishop.
C. Release by the Public Trustee of the,
Deed of Trust from : Luke W. Anthony
to the Public Trustee of the County of pitkin
for the use of Valley Federal Savings and Loan Association
to secure $150,000.00
dated May 27, 1977
recorded June 1, 1977 in Book 329 at Page 555.
D. Evidence satisfactory to Transamerica Title Ins. Co. that the Real Estate Transfer
Tax as established by Ordinance No, 20 (series of 1979) has been paid or exempted.
E. Certificate from Alpine Acres subdivision Property OWners Association Company
evidencing the fact that all homeowners dues are current.
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SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
1. Rights or claims of parties in possession not shown by the publie records.
2. Easements, or claims of easements, not shown by the public reeords.
3. Discrepancies, eonflicts in boundary lines, shortage in area, eneroachments, and any facts which a
eorrect survey and inspection of the premises would diselose and whieh are not shown by the public
records.
4. Any lien, or right to a lien, for serviees, labor, or material heretofore or hereafter furnished, im-
posed by law and not shown by the publie reeords.
5. Taxes due and payable; and any tax, speeial assessments, eharge or lien imposed for water or sewer
serviee, or for any other special taxing district.
6. Right of way for ditches and canals constructed by the authority of the united
states, as reserved in the United States Patent recorded in Book
7. Terms, conditions and provisions of that certain agreement for Annexation of
Real Property into the City of Aspen, recorded February 9, 1977 in Book 324 at
Page 657.
8. Terms, obligations, provisions and restrictions as contained in Statement of
Exemption from the Definition of Subdivision recorded August 4, 1977 in Book
333 at Page 4.
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9. Easement and right of way for the construction, improvement, operation and
maintenance of a public road and underground facilities granted to the City
of Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in
Book 321 at Page 761.
10. The water right and structure (including all hardware, equipment, and appurtenances
thereto), commonly known as the Anthony Well, as described in the ruling of the
referee in water case No. W-333 in the District Court in and for Water Division
No.5, state of Colorado, entered on September 30, 1971,'granted to the City of
Aspen by Luke W. Anthony in the instrument recorded December 21, 1976 in Book 321
at Page 760.
11. Terms, agreements, provisions, conditions and obligations as contained in the
Articles of Incorporation of Alpine Acres Subdivision Property Owners Association
Company, recorded May 19, 1977 in Book 328 at Page 990.
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12. Terms, agreements, provisions, conditions
Counsel of Aspen minutes, March 14TH, and
in Book 341 at Page 446.
and obligations as contained in City
March 28TH, recorded December 30, 1977
13. Protective Covenants, restrictions, reservations and obligations whicb do not ,
contain a forfeiture or reverter clause, as contained in Declaration of Covenants,
restrictions, easements, charges and liens dated April 26, 1977, recorded April,
26, 1977 in Book 327 at Page 446. '~"'i'.
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-----CONTINUED-----
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14. Terms, conditions, provisions and obligations as contained in the Condominium
Declaration for Alpine Acres To house Condominium, #4, recorded
in Book ____ at Page ~
15.
Terms, conditions, provisions
Incorporation of Alpine Acres
in Book ____ at Page ____.
a d obligations as set forth in the Article of
wnhouse Condominiums, #4, recorded
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CONDITIONS AND STIPULATIONS
Please read carefully
1.
This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The poliey is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us. '
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
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Aspen/PiC ."^'~:"'>:B,ning Office
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asp en, "~;Q1l~t\.t!~:6- 8 1611
May 1, 1987
Mr. John Kelly,
Attorney at Law
117 S. spring street
Aspen, Colorado 81611
,Re: Alpine Acres Rezoning
Dear John,
We need additional
application in order
following items:
information in the Alpine Acres Rezoning
for it to be complete. Please address the
1. Identification of property owned by the persons signing the
petition so to ascertain that owners representing at least
80% of the land area are in favor of this application, as
required in Section 24-12.5(b) (4).
2. An accurate survey map of Alpine Acres, including grants of
rights-of-way and easements, as required in section 24-
12.5(b). A copy of a survey by Alpine Surveys of Lot 4 was
submitted as part of the Bishop/Dunn Subdivision Exception
request indicating a 20 ft. wide access easement across this
lot. Copy of a grant of right-of-way across Lot 1, docu-
mented on Book 321, Page 761, Pitkin County Clerk and
Recorder's Office, was also submitted. There may be other
r.o.w's or easements in the subdivision. At least one
reason why this information is important is to determine
accurate lot areas and areas available for FAR calculation
so to understand whether any nonconformities would be
created by the rezoning.
3. Provide stamped pre-addressed envelopes with the names and
addresses of property owners within 300 feet of the area
requested for rezoning (2 sets) as per Section 24-12.5(c)-
(2) .
.
Mr. John Kelly
Alpine Acres Rezoning
May 1, 1987
Page 2
4. In you letter it is stated that no additional density would
result from the requested R-6 zoning. Please provide
supporting information for this statement by stating for
each lot the size, present density (number of units) and
approximate build-out (square footage).
5. Please address the potential for lot splits within Alpine
Acres. Is it possible that the entire subdivision might be
resubdivided?
6. The conditions of approval for rezoning Alpine Acres to R-15
in Ordinance 69 (Series of 1976) and how this request
effects those conditions should be addressed. Condition (a)
specifies an FAR restriction. If that restriction is no
longer valid in your opinion, state reasons why. Issues
brought up by P&Z and Council in 1976, as indicated in
Records of Proceedings of their meeting, may also be
relevant to this request. In particular, it was discussed
whether Alpine Acres should have a PUD overlay. Please
address whether PUD would be appropriate for Alpine Acres
and acceptable to the appl icants. Redevelopment potential
and condominiumization restrictions at this time may be
pertinent to the PUD question. Most of the historic records
are in my file on this case; and you are welcome to get
copies if desired.
7. In your letter it was stated that exterior changes to the
victorians on Lots 4 & 5 would be subject to HPC review.
The four houses are not designated; therefore, HPC review is
not required. Are the owners requesting historic designa-
tion of their structures (rated "l's and 2's" when evaluated
by HPC)?
8. Does this application also entail a request for subdivision
or subdivision exception to split Lot 4?
The above questions appear to result from the number and levels
of involvement of persons working on the Alpine Acres Rezoning
request; and we hope that this letter will help you reorganize
the application submitted to make it complete but not overly
elaborate. If you have any questions, please contact me.
sincerely,
steve Burstein, Planner
SBjds
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Steeet
Aspen, CO 81611
(303) 925-2020
Date: Ap,;1 JP,I~ll
RE: AI,;>>, tt.l'tl SJ.J;vil;1fl" f(e}.~;.j
Deae
Thi s is to infoem you that the PI anni ng Off ice has compl eted its
peeliminaey eeview of the captioned application. We have deteemined
that youe application IS NOT complete.
Addi tional i terns eequieed include:
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Disclosuee of Owneeship (one copy only needed)
Adjacent pcopeety Ownees List/Envelopes/Postage (one copy)
Additional copies of entice application
Authoeization by ownee foe eepeesentative to sutxnit applica-
tion
Response to list of items (E.-ttached/below) demonsteating
compliance with the applicable policies and eegulations of the
Code, oe othee specific mateeials
A chE:l::k in the amount of $
$t~ jt-Her A1TltJwl
A. Youe application is complete and we have scheduled it foe
eeview by the on We will
call yo u if we need any addi tio nal info cma tion prioe to that
date. Seveeal days peioe to youe heaeing, we will call and
make available a copy of the memoeandum. please note that it
IS NOT youe eesponsibility to post youe peopeety with a
sign, which we can peovide you foe a $3.00 fee.
B. Youe application is incomplete, we have not scheduled it
eeview at this time. when we eeceive the mateeials we have
eequested, we will place you on the next available agenda.
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If you have any questions, please call
the plannee assigned to youe case.
Sinceeely,
ASPEN/PITKIN PLANNING OFFICE
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