HomeMy WebLinkAboutcoa.lu.co.320 W Main St.A76-92320 West Main St. Condominium-
ization 2735-124-41-005 A76-92
C11
I
ASPEN/ PLANNING OFFICE
130 30 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-00100-00000-31070
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
COUNTY
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
REFERRAL FEES:
-63360-143
00115-63340-163
00123-63340-190
00125-63340-205
PLANNING OFFICE SALES:
-63080-122
-69000-145
Name: / C R t
Address:
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Signif. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Health
County Code
Other (Copy Fees)
� c, C1 0�
Phone:
Project:
TOTAL / C' o z �
;cam
Check #: Date: No of Copies: - --
10 R
CASELOAD SUMMARY SHEET
TY
DATE RECEIVED: 9 10 92 CASE # A76-92
DATE COMPLETE: Usli PARCEL ID# 2735-124-41-005
STAFF MEMBER: KJ
PROJECT NAME: 320 West Main Street Condominiumization
Project Address: Lots N, O, P, Block 44, Townsite of Aspen
APPLICANT: Alan Shada
Applicant Address: P. O. Box 2615
Vista CA 92085
REPRESENTATIVE: McFlvnn & Pickett (Marty Pickett
Representative Address/Phone: 320 W. Main St.
Aspen, CO 81611 925-2211
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FEES: PLANNING $ 912.00 # APPS RECEIVED 3
ENGINEER $ 90.00 # PLATS RECEIVED 1
HOUSING $
ENV. HEALTH $
TOTAL $1002.00
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z MEETING DATE PUBLIC HEARING: YES NO
4$9 MEETING DATE PUBLIC HEARING: YES NO
DRC MEETING DATE
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REFERRALS:
Attorney
Aspen Consol S.D.
Engineer
Rocky Mtn Nat Gas
Housing
Holy Cross
Aspen Water
Aspen Fire
Envir.Hlth.
Basalt Fire
Manager
Carbondale Fire
Zoning
Div. Water Res.
Airport Mgr.
State Forest Ser.
Sheriff
CO Geo.Survey
City P & Z
State Hwy Dept.
Building Dept
Clean Air Board
DATE REFERRED: 2 i '7- INITIALS:
RESOLUTION #:
DATE:
School District
USFS (Carbondale)
USFS (Aspen)
Div. of Wildlife
BLM
Snow -mass Village
Caucus
Caucus
Homeowners
Open Space Board
Other:
DATE DUE: O
PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S)
--------------------------------------- -- --------------------------
FINAL ROUTING: DATE ROUTED: INITIAL: !�(J►
County Attorney County Engineer Zoning
Housing Envir. Health Applicant
Open Space Bd.
Other:
FILED:
Ll
L�
MEMORANDUM
TO: Leslie Lamont, Interim City Planning Director
FROM: Kim Johnson, Planner
RE: 320 W. Main Condominiumization - Planning Director
Approval
DATE: July 11, 1994
SUMMARY: The applicant wishes to condominiumize an existing office
complex consisting of two buildings on a parcel of 9,000 square
feet. This qualifies as a subdivision exemption to be approved by
the Planning Director pursuant to Ordinance 53, 1993. This
property is commonly referred to as the Smith-Elisha House.
BACKGROUND / FINDINGS: The original application to condominiumize
this property was submitted in September, 1992 by Alan Shada. The
proposal called for 11 office spaces and one residential unit to
be condominiumized within two existing buildings. It became
apparent that the change in state statutes adopted in July of 1992
would affect the City's condominium regulations. The applicant
proceeded under the City's then -current regulations through first
reading by City Council in November, 1992. The property was then
sold to the current owners, Scott and Caroline McDonald, who tabled
second reading several times in anticipation of amendments to the
City's condominium regulations.
The condominium regulations were amended by final adoption of
Ordinance 53, 1993 on November 8, 1993. This code allows the City
Planning Director to review and approve condominium applications.
The code revisions also remove the requirements for long term
residential leases and payment of affordable housing mitigation.
No development has occurred or is proposed at the property. No
increased impacts to public facilities is calculated.
REFERRALS: Engineering: Rob Thomson, Project Engineer, reviewed
the original application in 1992 and forwarded comments specific
to the platting requirements of the code. The amendments to
process established in Ordinance 53 have not altered the technical
aspects of a condo plat. Therefore, the comments from the City
Engineer (attached as Exhibit "A") are still valid and shall become
conditions of this Planning Director's approval.
RECOMMENDATION: Staff recommends approval of the
condominiumization of 320 W. Main Street with the following
conditions:
1. The applicant is required to submit a Final Plat on reproducible
mylar for approval by Engineering Department and record the plat
with the Pitkin County Clerk and Recorder. It is recommended that
a blueline be submitted for review prior to the final submission.
In addition to the standard information and required
certificates the plat shall include:
A statement that the applicant agrees to join any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
Owner's Certificate - besides the standard language it must
include a statement to the effect of ..... In addition does
hereby acknowledge the encroachments, at the south property
line, into the public right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line.
City Engineer's Certificate - besides the standard language
it must include a statement to the effect of .... in addition
does hereby acknowledge the encroachments shown hereon with
the conditions set forth in the owner's certificate.
A statement to the effect that ... title policy number
was used in preparation of this survey plat.
2. The submitted plat must reflect the parking variation
previously granted by the Historic Preservation Committee and the
Planning and zoning Commission condition that the two parking
spaces directly north of the main structure's rear stairs must be
designated for compact cars only.
3. All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
4. The condominium plat shall be recorded in the office of the
Pitkin County Clerk and Recorder within 180 days of its approval
by the Planning Director. Failure to do so shall render the plat
invalid and a new application and approval will be required.
I hereby approve the Condominiumization for the 320 W. Main
C dominiums f
I
4,4 kQ
Leslie La 6. I terim City Planning DirectorLl
ate
ATTACHMENTS: "A" - Engineering Referral Memos dated Oct.5, 1992
2
MEMORANDUM
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer i K9
Date: October 5, 1992
Re: 320 W. Main Street Condominiumization
Having reviewed the above application, and having made a site inspection, the engineering
department has the following comments:
1. The applicant is required to submit a final plat on reproducible mylar for approval
by engineering department and record the plat with the PItkin County Clerk and
Recorder. It is recommended that a blueline be submitted for review prior to the
final submission.
In addition to the standard information and required certificates the plat shall
include:
A statement that the applicant agrees to join any improvement district formed
for the purposes of constructing improvements in the public right-of-way.
Owner's Certificate - besides the standard language it must include a statement
to the effect of. .... In addition does hereby acknowledge the encroachments, at the
south property line, into the public right-of-way, and that if the retaining wall is
removed for any reason, any new structure will be built inside the property line.
City Engineer's Certificate - besides the standard language it must include a
statement to the effect of. ... in addition does hereby acknowledge the encroachments
shown hereon with the conditions setforth in the owner's certificate.
o A statement to the effect that ... title policy number _ was used in preparation
of this survey plat.
cc: Chuck Roth, City Engineer
rVCASELOAD9nM
..A
MEMORANDUM
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer �S l
1
Date: October 5, 1992
Re: 320 W. Main Street Condom iniumization - additional comments
Please include the following to the engineering departments previous comments:
1. From a prior review of this property, the HPC granted a variation for a reduction in
the required spaces, finding that the maximum number of parking spaces are included on -
site. The application drawings depicted five spaces along the alley of Block 44. Further,
P & Z approved that the two spaces directly to the north of the main structure's rear
stairs be designated for compact cars only. The submitted plat must reflect these
conditions.
cc: Chuck Roth, City Engineer
rt/CASELOAD92026a
CONDOMINIUMIZATION APPLICATION
This Application is made on behalf of Alan Shada, owner of
property described as the Smith-Elisha House, located at 320 W.
Main Street, Aspen, Colorado on Lots N, O, P, Block 44, Townsite of
Aspen. The present zoning is O-Office with Main Street Historic
District Overlay.
The Property consists of the "main house" and the adjacent
"carriage house", to be included in the condominiumization.
Main House. The main house consists of nine office spaces,
which are to be condominiumized, which share as limited common
elements, the hallways and restroom areas.
Carriage House. The adjacent Carriage House consists of two
offices, downstairs, and a residential upstairs containing a one -
bedroom apartment. k
The Applicant requests condominiumization of the residential
unit as part of the requested condominiumization. The owner will
maintain the residential unit for himself. Pursuant to the new
Colorado Common Interest Ownership Act, it is our understanding
that there will not be separate requirements for condominiumization
of this residential unit since there will be no change in the
structure of ownership.
Attachments.
1. Vicinity Map
2. Pre -Application Summary
3. Disclosure of Ownership
4. Consent of Owner for Representation
5. Check in the amount of $1002.00 for application fee
6. Floor plans of Main House and Carriage House
7. Survey
Respectfully submitted,
Mai-th ickett
McFlynn SV Pickett, P.C.
320 W. Main St.
Aspen, CO 81611
shadakondomin. app
0
LI
CONSENT TO LAND USE APPLICATION
That the undersign Alan J. Shada, Jacqueline G. Shada and
William J. Shada, being the owners of the property described as
Lots N, O, P, Block 44, Townsite of Aspen, County of Pitkin, State
of Colorado, hereby consent to the submission to the City of Aspen
by McFlynn & Pickett, P.C., an application for condominiumization
for the subject property.
Execu
Alan J. Sha
eil1i m
shadakoscnt. sha
this day of August, 1992.
Ja,equeliWeG . Shada
Shada
6
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and _
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 44 (Series of 1991) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
0. 6
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post_ approval review. Such periodic payments shall be made
within 30 days -of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
By:
Di a Moore
City Planning Director
For Planning Office Use
Case Number,
Case Name
Deposit or Flat Fee Amount:
APPLICANT
7
By:_C:Aq
Date: gz
Referral Fees: Engineer: Housing: Environmental Health:
2)
Project Name
7
Pro ect Inc_ation
0 ATEAC[RffW 1
IAND USE APPLICATION FOW
Smith-Elisha Condominiums
320 W. Main Street
J
Aspen, CO 81611 (Lots N, 0, P, Block 44, Townsite of Aspen)
(indicate street address, lot & block number, legal description where
appropriate)
4) Lot Size
5) Applicant's Name, Address& Phone # Alan Shada PO Box 2615, Vista, CA 92085
619-943-7888
6) Representative's Name, Address & Phom # McFlynn & Pickett, P.C., 320
W. Main Street, Aspen, CO 81611 303-925-2211
7) Type of Application (please check all that apply):
Conditional Use Conceptual. SPA Conceptual historic Dev.
Special Review
8040 Greenli_ne
Main View Plane
ration
Lot Split/Irot Idne
Adjustment
Final SPA
CotxxTstual PUD
Final. FM
Subdivision
Text/Map Amendment
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
Historic Designation
re -ND. .1-M
9) Descraptim of Uses (nLzber and t7ype of eacLst-ulq structures;
property) -
Main House: 9 offices
Carriage House 2 offices (downstairs) and residential apartment upstairs
9) Description of Development Application
Condominiumization of all existinq areas; no new configuration of spaces is
anticipated.
10) Have you attached the follawing?
X Responseto Attachment 2, Minimimm Submission Contents
X e to Attaament 3, Sped f is S u m i slier► Contents
X Re�e to Attachment 4, Review starrLds for Your Application
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Directo
FROM: Kim Johnson, Planning
DATE: October 25, 1993
RE: 320 W. Main Street (AKA the Smith-Elisha Property) -
Request to Withdraw Second Reading of Ordinance 78,
Series 1992 for Subdivision Exemption for
Condominiumization and Vested -Rights
Scott and Caroline McDonald (the Applicants) and Planning staff
request that this item be withdrawn. This request is made in
anticipation of code changes for the City's condominiumization
regulations.
•
Kim Johnson
Planning Dept
City of Aspen
Regarding 320 W. Main St. condominiumization.
Date: April 16, 1993
Kim,
Thank you for your attention to this matter. We have
decided again to wait for the fee change on the residential unit
involved. Would you please postpone the City Council reading to
August 1993.
Sincerely, \
Scott and Caroline McDonald
109 N 2nd St.
Aspen, Co. 81611
925-8743
TO:
THRU:
THRU:
FROM:
DATE:
rl
MEMORANDUM
Mayor and City Council
Amy Margerum, City Manager
Diane Moore, City Planning Director
Kim Johnson, Planning
October 25, 1993
Ar-14 /6*ft3
RE: 320 W. Main Street (AKA the Smith-Elisha House) -
Subdivision Exemption for Condominiumization and Vested
Rights, Second Reading of Ordinance 78, Series of 1992
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SUMMARY: The Planning staff recommends approval on second reading
of Ordinance 78. The ordinance includes language reflecting that
certain risks are undertaken by the applicant in regards to
anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
BACKGROUND: Council is currently reviewing amendments to the land
use regulations for condominiums prompted by the Colorado State
Legislature's adoption of limitations in 1992 that may affect the
affordable housing mitigation criteria contained within Aspen's
condominiumization regulations. The applicant for the 320 W. Main
condominiumization had tabled second reading of Ordinance 78
numerous times in order to wait for the outcome of the text
amendments, but has now determined to proceed with second reading
of Ordinance 78 as written.
CURRENT ISSUES:
Referral Comments:
Engineering: Having reviewed the above application, and having
made a site inspection, the Engineering Department has the
following comments:
1. The applicant is required to submit a Final Plat on
reproducible mylar for approval by Engineering Department and
record the plat with the PItkin County Clerk and Recorder.
It is recommended that a blueline be submitted for review
prior to the final submission.
In addition to the standard information and required
certificates the plat shall include:
A statement that the applicant agrees to join any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
° Owner's Certificate - besides the standard language it must
include a statement to the effect of ..... In addition does
0 0
hereby acknowledge the encroachments, at the south property
line, into the public right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line.
City Engineer's Certificate - besides the standard language
it must include a statement to the effect of .... in addition
does hereby acknowledge the encroachments shown hereon with
the conditions set forth in the owner's certificate.
° A statement to the effect that ... title policy number _
was used in preparation of this survey plat.
2. From a prior review of this property, the HPC granted a
variation for a reduction in the required spaces, finding that the
maximum number of parking spaces are included on -site. The
application drawings de ct fivers��paces along the alley of Block
44. Further, P & Z =W £he two spaces dam.ct=1-y to the
north of the main structure's rear stairs be designated for compact
cars only. The submitted plat must reflect these conditions.
Review Standards: Pursuant to Section 24-7-1007 condominiumization
is exempt from the full Subdivision process and shall be reviewed
by the Council. Condominiumization of commercial space only
requires review of the submitted plat.
Condominiumization of the one bedroom residential unit is subject
to the criteria of Section 24-1-1007.A.1. (listed below). Until
Aspen's code is officially amended, staff must review
condominiumizations under the existing requirements, which are
intended to mitigate loss of affordable housing due to
condominiumization.
a. Existing tenants must be notified that the units are for sale.
There are no long term or short term tenants in the unit at this
time, so this requirement does not apply.
b. In the O-Office zone district, minimum lease periods shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year unless:
1) The immediate vicinity of the subject parcel is
characterized predominantly by lodges or other units which are
permitted to be used as short term accommodations;
2) There were not previously long term residents of the parcel
who were displaced directly of indirectly by the proposed
condominiumization;
3) The parcel is in close proximity to the downtown area or
to major tourist recreational facilities; and
4) The Aspen Area Comprehensive Plan designates the subject
FJ
neighborhood as appropriate for short term accommodations.
The Smith-Elisha House is flanked by both commercial and tourist
accommodation properties. The unit has not been occupied for long
term residency for over a year. The property is within walking
distance to the commercial core and is also on the Main Street bus
lines linking it with the free city shuttle to the base of Aspen
Mountain. The 1973 Land Use map indicates this area as single
family residential, however, the character and use of the subject
property as well as the neighborhood has become predominantly
commercial and lodge. Therefore, staff believes that a lease
restriction is not warranted.
c. Affordable Housing Impact Fee. Prior to staff signature of the
condominium plat, the applicant shall pay an affordable housing
impact fee of $4,700 for the one bedroom apartment or deed restrict
the unit to resident occupancy guidelines.
d. Inspection of the proposed condominium by the Building
Department. The Building Department shall inspect the building
prior to filing the final plat.
C. Vested Rights: The applicant wishes to the vest the
condominiumization of this project for three years pursuant to
Section 24-6-207. through the Ordinance adoption process.
RECOMMENDATION: Staff recommends approval of the
condominiumization of 320 W. Main Street and vested rights for
three years with the following conditions:
1. The applicant is required to submit a Final Plat on reproducible
mylar for approval by Engineering Department and record the plat
with the Pitkin County Clerk and Recorder. It is recommended that
a blueline be submitted for review prior to the final submission.
In addition to the standard information and required
certificates the plat shall include:
A statement that the applicant agrees to join any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
Owner's Certificate - besides the standard language it must
include a statement to the effect ofn..w.,..In addition does
hereby acknowledge the encroachments, at the south property
line, into the public right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line"
° City Engineer's Certificate - besides the standard language
it must include a statement to the effect ofo*,.,'Tn addition
does hereby acknowledge the encroachments shown hereon with
3
\_J
the conditions set forth in the owner's certificate./I
° A statement to the effect that title policy number
was used in preparation of this survey plat.
2. The submitted plat must reflect parking approvals previously
granted by the Historic Preservation Committee and the Planning and
Zoning Commission these conditions.
3. Prior to filing the final plat, the applicant shall pay a
condominiumization affordable housing impact fee of $4,700 (payable
to the City Finance Department with receipt forwarded to the
Planning Office) for the one bedroom unit, or deed restrict the
unit to resident occupancy guidelines to be filed with the Housing
Authority.
4. The Building Department shall inspect the building prior to
filing the final plat.
5. A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
6. All material representations made by the applicant in the
application and during public meetings with the City Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
PROPOSED MOTION: "I move to approve second reading of Ordinance
78, Series 1992 for the condominiumization of the structures at
320 W. Main St., also known as the Smith-Elisha Property."
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 78, 1992
4
NOV 17 '92 14:36 MCFLYNN & PICKETT PC
0
•
P.1/1
TIMOTHY MCFLYNN"
MARTHA C. PICKETT
' ALSO Aomma . CA PoA ..
Kim Johnson
City Planner
130 S. Galena Street
Aspen, CO 81611
MCFLYNN & PICKETT
LAWYERS
A PROFESSIONAL CORPORATION
THE SMITH•EUSHA HOUSE
320 WEST MAIN STREET. SUITE 1
ASPEN. COLORADO E11611
November 17, 1992
TELEPHONE (303) 925.2211
YELECOPIER (303) 825-2442
i
RE: Smith-Elisha condominiumization
i
Dear Kim:
Pursuant to our telephone conversations, this letter is
intended as an amendment to our condominium application for the
Smith-Elisha Property as follows:
1. Vested Rights. We request that the three-year vested
rights be applied to the condom iniumization upon approv
al.
2. Six -Month Tenancy. We request exemption from the six-
month tenancy restriction pursuant to the City Land Use.
Code, Section 7-1007A(1)(b)(2)(a) because of its immedi-
ate proximity to other short-term lodges. There are
several lodges in the close vicinity, for example thg
Swiss Chalet, Christmas Inn, and the Innsbruck, with the
Aspen Bed and Breakfast being directly across the street;
which have short-term rentals.
It is my understanding that we are scheduled for the November
23 City Council. Please let me know if the staff has been able to
complete its work sessions with regard to how to address the one
residential unit in this office condominium complex. Thank you for
your continuing cooperation.
Sincerely,
MCFLYNN & PICKETT, P.C.
By:
_�u'�/
Rakth Pickett
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OF LOTS N , 0 & P BLOCK 44 , CIT1
& TOWNSITE OF ASPEN, PITKIN �
COUNTY, COLORADO.
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LEGEND a NOTES
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210 S. GALENA ST.
P.O. BOX 2506
ASPEN, COLORADO 81612
(303) 925-3616
DATE
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