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130 South Gawna Street
Aspen, Colorado 8 16 1 1 �1
(303) 920.5090
LND USE APPLICATION FEES
TY:
- 3250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-00100-00000-31070
Use Tax for Sign Permits
STORIC PRESERVATION:
-63335-151
Exemption
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
Signif. Devel.
-63339-155
Demolition
)LINTY:
-63160-126
GMP/Ganeral
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-635110-131
SUB/Final
-63220-132
All 2 Step Applications
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-63450-146
Board of Adjustment /1
-63235-148
Zoning Plan Check V
:FERRAL FEES:
-63360-143
Engineering - County
115-63340-163
Engineering - City
123-63340-190
Housing
125-63340-205
Environmental Health _
ANNING OEFICE SALES:
-63080-122
County Code
-69000-145
Other (Copy Fees)
TOTAL �y
rtw: _
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-ek 9
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01/19/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181 32-020 A03-94
STAFF MEMBER: /Y1
PROJECT NAME: loth Mtn./Powder House Condos Final SPA/GMQS Cnw-kp",
Project Address: 1280 Ute Avenue /T)kly• PL"A,,il
Legal Address: 1280 Ute Avenue, Aspen, CO 81611
APPLICANT: loth Mtn. Division Hut Association
Applicant Address:
REPRESENTATIVE: Sunny Vann
Representative Address/Phone: 230 E. Hopkins
Aspen, CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ -0- # APPS RECEIVED 12
ENGINEER $ # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ -0-
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP:
P&Z Meeting Date M/IllI 'X 1 PUBLIC HEARING: Y� NO
VESTED RIGHTS: YES cicm
CC Meeting Date l .4 J PUBLIC HEARING: XFS NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney
X Parks
Dept.
�C City Engineer
Bldg
Inspector
X Housing Dir.
Fire
Marshal
�4 Aspen Water
Holy
Cross
City Electric
Mtn.
Bell
_
Envir.Hlth.
X ACSD
Zoning
Energy
Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other -- t14fQ 1 S
Other
DATE REFERRED: ' INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: INITIAL: i2G
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
,^_ 13 - 4 r'' P- 04/ 1 1 /94 (_)j.: C)C`F' PS, 1
I i F:: I N COUNTY CLERF:: RECORDER
15.00
REC
DOC��`
GRANT OF FISHERMAN'S EASEMENT
IV
J�
TH�S GRANT OF FISHERMAN'S EASEMENT is made and entered into n
this J� day of February, 1994, by and between POWDER HOUSE
CONDOMINIUM ASSOCIATION, a Colorado Nonprofit Corporation
(hereinafter referred to as "Grantor"), and the CITY OF ASPEN,
COLORADO (hereinafter referred to as "Grantee").
W I T N E S S E T H:
WHEREAS, Grantor is the association of condominium unit
owners, Powder House Condominiums according to the Condominium
Map thereof, recorded December 14, 1993, in Plat Book 33 at page
40 of the office of the Clerk and Recorder of Pitkin County,
Colorado;
WHEREAS, the Powder House Condominiums are situated on Lot
16, Callahan Subdivision, according to the Plat thereof recorded
in Plat Book 5 at page 7 of said records;
WHEREAS, Ordinance No. 13 (Series of 1992) requests that a
fisherman's easement for the Roaring Fork River be granted over a
portion of the above described property;
WHEREAS, Grantor is desirous of granting to Grantee,
pursuant to its power to grant easements over the Common ElementE
of the Powder House Condominium property, as such powers are set
forth in Grantor's Articles of Incorporation and the Colorado
Common Interest Ownership Act, a perpetual fisherman's easement
and right-of-way across a portion of said real property as such
portion is described below, under the terms and conditions
hereinafter specified; and
WHEREAS, Grantee is desirous of accepting said fisherman's
easement and right-of-way.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor
hereby dedicates to the use of the general public, for fishing
purposes only, a perpetual, non-exclusive easement and right-of-
way along that portion of the above -described property lying
within the Roaring Fork River and a line which is five (5) feet
(measured horizontally) above the high water line of the Roaring
Fork River. Grantor reserves to itself the right to use and
enjoy the easement area for all purposes which do not interfere
with the public fishing rights dedicated hereby.
THE ABOVE GRANTED FISHERMAN'S EASEMENT and right-of-way is
subject to the following terms, agreements and reservations:
f;F;B^ =; B- r 4 7 F'-183 )4/11. /94 01.: (_)(-)F. PG 2 OF
1. The rights and privileges granted by this Easement are
subject to prior agreements, easements, and conveyances recorded,
or unrecorded. Grantor represents that it has no knowledge of
any recorded or unrecorded agreements, easements or conveyances
with respect to such property which would preclude use of the
property for a fisherman's easement as contemplated herein.
2. It is the intention of the parties to make the land
available to the public for recreational purposes without charge,
and to limit the parties' liability to persons entering thereon
for such purposes. In the event that either or both of the
parties might otherwise be liable under applicable state
statutes, Grantee hereby agrees, to the extent permitted by law,
to indemnify and hold Grantor harmless from and against claims or
awards for loss, damage or any liability including reasonable
attorneys' fees and costs, which may result from Grantee's acts
or omissions covering and including, but not by way of
limitation, installation, excavation, fill, construction,
maintenance, repair, replacement, public use or location of
trails or attendant facilities, as subsequently determined by a
court of competent jurisdiction. Nothing herein shall constitute
a waiver of Grantee's rights as provided in Section 24-10-101, et
secx. , C.R.S.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing on the day and year above first given.
POWDER HOUSE CONDOMINIUM
ASSOCIATION, a Colorado
Nonprofit Corporation
By:
Mike Otte, President
STATE OF COLORADO
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of February, 1994, by Mike Otte as President of Powder
House Condominium Association, a Colorado Nonprofit Corporation.
Witness my hand and official seal.
My commission expires: MY Cannr*Ww expires
22, 1997
y�
N tary Publ}
12702. sw 2
The foregoing Grant of Fisherman's Easement is hereby
accepted and approved, for the benefit of the general public this
day of February, 1994.
.,.,;
4TTTA
a,
CITY OF ASPEN
By: �3
368e2 3 9-74 i P•-184 o4/ 1 1 /94 01 : 0oP PG 3
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MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Leslie Lamont, Senior Planne
FROM: Mary Lackner, Planner
DATE: April 25, 1994
RE: Powder House Condominium (Tenth Mountian Division) Final
SPA Development Plan Amendment, GMQS Exemption, and
Vested Rights- Second Reading of Ordinance 13, 1994
SUMMARY: The Planning Office recommends approval of the request
for a SPA Development Plan Amendment to vary the front and side
yard setbacks and the minimum lot area requirements of Lot 16 of
the Callahan Subdivision; GMQS exemption for two on -site
affordable dwelling units; and vested rights of this development.
PREVIOUS COUNCIL ACTION: Ordinance 25, Series 1993 approved an SPA
overlay on Lot 16 of the Callahan Subdivision. The SPA overlay was
put in place to rectify the non -conforming status of the existing
professional office building located on the parcel. This SPA site
plan identified a portion of the property for future affordable
housing.
BACKGROUND/PROJECT DESCRIPTION: The applicant, Fredric A. and
Fabienne Benedict, represented by Sunny Vann, has submitted the
application so that the Tenth Mountain Trails Association can
construct two fully deed restricted affordable dwelling units on
the property to house their employees. A Category 2 studio and a
Category 3 two bedroom unit are voluntarily being provided.
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
Section 7-804(E)(2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
Please refer to the application text and drawings, Exhibit "A".
The project is located at 1280 Ute Avenue, which is also known as
Lot 16 Callahan Subdivision. The lot is zoned RR (rural
residential) with a SPA (specially planned area overlay) and is two
acres in size.
Referral comments from the Aspen Consolidated Sanitation District,
Aspen Fire Protection District, City Engineer, Housing Office,
Parks Department, and Water Department are included as Exhibit "B".
CURRENT ISSUES: Staff discussion of the GMQS Exemption review and
SPA Amendment criteria is contained in Exhibit "C". Staff and the
Commission believe that this proposal is consistent with the
requirements of Section 24-8-104 (C) (1) (c) for the provision of
affordable housing and Section 24-7-804 (E) (2) for the SPA Amendment
of the Aspen Municipal Code.
Section 24-6-207 dictates the process and ordinance language
requirements for establishing vested rights for three years.
RECOMMENDATION: The Planning Commission and staff recommend
approval of the SPA Amendment and GMQS Exemption for two fully deed
restricted affordable housing units and vested rights subject to
the following conditions:
1. A landscaping plan shall be submitted to the Planning Office
and Parks Department for review and approval prior to issuance
of a building permit for the new structure. Any trees over
six inches in diameter require a tree removal permit and
should be detailed on the landscaping plan. Construction
occurring around existing trees should be protected and no
digging in the dripline of the trees is permitted.
2. The building permit application package shall contain a letter
by a registered engineer that the structure has been designed
to withstand avalanche loads.
3. Cutting into ,the Ute Avenue pavement for utility installation
shall be kept to a minimum.
4. The applicant shall consult city engineering (920-5080)for
design considerations of development within public right-of-
way, parks department (920-5120) for vegetation species, and
shall obtain permits for any work or development, including
landscaping, within public rights -of -way from city streets
department (920-5130).
5. The building permit plans shall include a detailed drawing of
the trash area, recycle area, utility meters, and other
utility facilities.
2
6. The applicant shall sign and record deed restrictions for each
unit, restricting the units as Category 2 for the studio and
Category 3 for the two -bedroom, along with the other
conditions listed in the deed restriction. The Housing Office
must have the recorded book and page number prior to the
issuance of any building permits.
7. The applicant shall submit the revised final development plan
which illustrates the specific location of the proposed
structure. The final development plan shall be recorded
within 180 days of this approval.
8. All material representations made by the applicant in the
application and during public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
PROPOSED MOTION: "I move to adopt Ordinance 13, 1994 at second
reading approving the Powder House Condominium SPA Amendment, GMQS
Exemption for two fully deed restricted affordable housing units,
and vested right approval, subject to the conditions recommended
in the April 25, 1994 Planning Office memorandum."
CITY MANAGER COMMENTS:
Ordinance 13, 1994
Exhibits:
"A" - Application Packet
"B" - Referral Comments (Aspen Consolidated Sanitation
District, Aspen Fire Protection District, City Engineer,
Housing Office, Parks Department, and Water Department)
"C" - SPA Amendment and GMQS Exemption criteria
"D" - May, 1993 Final SPA Development Plan
"E" - Public Notice
Exhibit A
VANN ASSOCIATES
Planning Consultants
January 14, 1994
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: loth Mountain Division Hut Association/Powder House Condominiums Final
SPA Development Plan Amendment/GMQS Exemption
Dear Kim:
Please consider this letter an application to amend the Final SPA Development Plan
for the Powder House Condominiums (a.k.a., the Benedict office building), which are
located at 1280 Ute Avenue in the City of Aspen, to permit the construction of two
(2) on -site affordable housing units (see Exhibit 1, Pre -Application Conference
Summary, attached hereto). A growth management quota system exemption is also
required for the proposed units. Vested property rights status is requested for all
approvals granted pursuant to this application.
The application is submitted pursuant to Sections 7-804.E.2., 8-104.C.1.c. and 6-207 of
the Aspen Land Use Regulations by the loth Mountain Division Hut Association on
behalf of Fredric A. and Fabienne Benedict and the Benedict Land and Cattle
Company, the owners of the property (see Exhibit 2, Title Commitment). Permission
for the Hut Association to submit the application on behalf of the Benedict's is at-
tached as Exhibit 3. Permission for Vann Associates to represent the Applicant is
attached as Exhibit 4. A list of owners located within three hundred (300) feet of the
property is attached as Exhibit 5.
Background
On March 9, 1992, the City Council granted subdivision exemption approval for the
condominiumization of the Benedict office building (see Exhibit 6, Ordinance No. 13-
92). The approval was conditioned upon the recordation of a condominium map and
subdivision exemption agreement, and the deed restriction of the building's existing
one (1) bedroom unit to the Aspen Pitkin County Housing Authority's resident occu-
pancy guidelines and six (6) month minimum lease limitation. These documents were
approved by the Planning Office and recorded with the Pitkin County Clerk and
Recorder in December of 1993.
230 East Hopkins Avenue • Aspen, Colorado 81611 • 303/925-6958 • Fax 303/920-9310
s
Ms. Kim Johnson
January 14, 1994
Page 2
As City Council Ordinance No. 25-93 indicates (see Exhibit 7), the property was
designated Specially Planned Area (SPA) on May 24, 1993. In addition, the Council
granted final SPA development plan approval to the existing office building, and
approved a variation in the use requirements of the property's underlying RR, Rural
Residential, zone district. A copy of the draft SPA agreement for the property is at-
tached as Exhibit 8. The proposed final SPA development plan for the property
accompanies this application. Both of these documents are to be recorded on or
before January 31, 1994. Please note that an extension of the recordation deadline
was granted pursuant to City Council Resolution No. 89-93 (see Exhibit 9).
Existing Conditions
The property in question is legally described as Lot 16, Callahan Subdivision, and
contains two (2) acres of land area. Existing man-made improvements to the prop-
erty include a two (2) story frame building with a partial basement, three (3) small
outbuildings, and an improved parking area. With the exception of the original one
(1) bedroom, free market apartment, the main building is devoted entirely to profes-
sional and business office use. The outbuildings are used for storage purposes.
Please note that the buildings comply with all applicable dimensional requirements of
the RR zone district with the exception of the west side yard setback.
As the accompanying SPA plan illustrates, the property is encumbered by a variety of
utility easements. In addition, a fourteen (14) foot trail easement traverses the rear
of the property parallel to the Roaring Fork River. An asphalt pedestrian and
bicycle trail has been constructed within the trail easement. The plan also depicts a
fisherman's easement adjacent to the River, which was provided in connection with
the prior SPA approval, and a twenty-four (24) foot access and utility easement which
provides access to the property from Ute Avenue. The property is presently served
by all major utilities.
It should be noted that the property is located within a potential avalanche path. As
the attached letter from Arthur I. Mears, P.E., indicates (see Exhibit 10, Snow -Ava-
lanche Hazard Analysis), portions of the Applicants' property lie within the mapped
"Blue Zone" of the so-called Ute Trail avalanche path. According to Mr. Mears, the
Blue Zone is an avalanche area of both low frequency and moderate energy. He also
notes that development is traditionally permitted within designated Blue Zones,
provided that construction is engineered to withstand avalanche forces.
Proposed Development
As you know, the original SPA designation application requested permission to
relocate an existing single-family residence from the West End to the Benedict
property, and to covert the residence to an affordable housing unit for the use and
Iff
Ms. Kim Johnson
January 14, 1994
Page 3
benefit of the 10th Mountain Division Hut Association. The Association's operations
are headquartered in what are now described as Condominium Units No. 21 and 26
of the Powder House Condominiums. These units were recently donated to the
Association by the Benedicts for office and storage purposes. The request to relocate
the residence, however, was withdrawn when it was determined that it was not
economically feasible to reinforce the structure to meet recommended avalanche miti-
gation requirements.
In the alternative, the Applicant proposes to construct two (2) new affordable
housing units on the property. The units will be contained in a two (2) story building
which will also provide vehicular and equipment storage for the Association's but
operations. More specifically, the new building will contain a two (2) bedroom, two
(2) bath unit on the lower floor, and a studio unit on the second floor. The two units
will contain approximately nine hundred and sixty (960) and four hundred and ten
(410) square feet of net livable area and will be deed restricted to APCHA's Catego-
ry 3 and Category 2 income and occupancy guidelines, respectively. The building's
floor area totals approximately eighteen hundred and forty (1,840) square feet.
As the attached site plan illustrates (see Exhibit 11), the new structure will be located
adjacent to Ute Avenue in the southeast comer of the property, and within the area
earmarked for affordable housing purposes on the previously approved SPA develop-
ment plan. The structure will be recessed into the ground such that only the second
floor is visible form Ute Avenue (see Exhibit 12, Architectural Plans and Elevations).
The lower floor will be accessed from the existing parking lot which serves the
Benedict Office Building. Based on Mr. Mears' recommendations, the shape of the
new building has been designed to allow a potential avalanche to flow over and
around the structure to prevent damage. As the elevations illustrate, no windows,
doors or porches are proposed on the building's south side.
One (1) off-street parking space per bedroom will be provided for both units in the
existing off-street parking area located adjacent to Ute Avenue. The use of this area
for parking purposes will provide convenient pedestrian access to the residence, and
will eliminate the need for a new curb cut on Ute Avenue. Existing utilities will be
extended to serve the residence as may be required.
The proposed structure has been located so as to avoid the existing ten (10) foot gas
line easement which traverses the parking lot. While the structure's north and west
setbacks comply with the applicable requirements of the RR zone district, the south
and east setbacks will require reduction as provided for in the City's SPA regulations.
More specifically, the south front yard setback must be reduced by five (5) feet, while
the east side yard setback will require a ten (10) foot reduction. The requested
setback reductions, however, should have no adverse effect on neighboring develop-
ment. The proposed building site is bounded on the east by the Aspen Club parking
Z�
Ms. Kim Johnson
January 14, 1994
Page 4
lot, and the width of the Ute Ave right-of-way is substantial in the immediate vicinity
of the site.
As the minimum lot area per dwelling unit in the RR zone district is two (2) acres,
and the property will contain two (2) dwelling units for density purposes, a variation
in the minimum lot area requirement of the RR zone district will also be required.
Please note that the existing dwelling unit located within the Benedict Office Building
has been deed restricted to APCHA's resident occupancy guidelines. As a result, this
unit can be considered to be an "accessory dwelling unit" which is exempt from the
calculation of density.
Review Requirements
To accomplish the Applicant's objectives, the final SPA development plan for the
Powder House Condominiums must be amended to include the proposed structure
and its required SPA variations. A GMQS exemption for the two (2) affordable
housing units and vested rights approval is also requested. Each of these review re-
quirements is discussed below.
1. Final SPA Development Plan Amendment
Pursuant to Section 7-804.E.2. of the Regulations, a substantial amendment to
a final SPA development plan may be approved provided that "the proposed change is
consistent with, or an enhancement of, the approved" plan. Requests for such amend-
ments are processed pursuant to the provisions of final SPA development plan
review. As the provision of on -site affordable housing was contemplated in connec-
tion with the original SPA development application and is consistent with community
goals, I believe that the current proposal can be viewed as an enhancement of the
approved SPA plan.
Pursuant to Section 7-804.D.2. of the Regulations, the dimensional require-
ments of the property's underlying zone district may be varied provided, however,
that the variation complies with the standards of Section 7-804.B. The specific
standards for final development plan review, and the proposed development's compli-
ance therewith, are summarized as follows.
a) "Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity of the parcels in terms of
land use, density, height, bulk, architecture, landscaping and open space."
The immediate site area includes residential, office and recreational
uses. The Aspen Club and its rear parking lot are located immediately east of the
project site. The recently approved Ute Park residential project is located across Ute
0
Ms. Kim Johnson
January 14, 1994
Page 5
Avenue from the property. The proposed structure's has been designed to minimize
its visual impact and to complement the adjacent Benedict office building. The new
structure will be landscaped and will have no adverse effect on the property existing
open space.
b) "Whether sufficient public facilities and roads exist to service
the proposed development."
All utilities and the public road system are believed to be adequate to
serve the proposed affordable housing units (see Exhibit 13, Utility Letters).
c) "Whether the parcel proposed for development is generally
suitable for the development, considering the slope, ground instability and the
possibility of mud flow, rock falls, avalanche dangers and flood hazards."
As noted previously, the property is located within the so-called "Blue
Zone" of the Ute Trail avalanche path. The Blue Zone is characterized as an ava-
lanche area of low frequency and moderate energy in which construction is typically
allowed subject to the incorporation of appropriate avalanche mitigation techniques.
To mitigate potential avalanche hazards, the Applicant has retained
Arthur Mears to provide site specific mitigation recommendations for the proposed
building envelope. As discussed previously, the building has been designed to shed or
divert any potential avalanche flow. Mr. Mears structural recommendations will be
incorporated in the building permit application to be submitted in connection with
the proposed development.
d) "Whether the proposed development creatively employs land
planning techniques to preserve significant viewplanes, avoid adverse environmental
impacts and provide open space, trails and similar amenities for the users of the
project and the public at large."
The proposed structure has been located to take advantage of the
property's existing topography. As discussed previously, the structure has been
recessed into the ground to minimize potential avalanche hazards. No adverse visual
impacts are anticipated as a result of the proposed development. Open space, trails
access and similar amenities are presently provided on the property.
e) "Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan."
The Aspen Area Comprehensive Plan has essentially been replaced by
the recently adopted Aspen Area Community Plan. To the best of my knowledge,
1O
Ms. Kim Johnson
January 14, 1994
Page 6
the Plan contains no site specific recommendations for the property in question. The
proposed development, however, is consistent with the intent of the Plan's Housing
Action Plan component in that in provides infill affordable housing which is dispersed
throughout the Aspen area.
0 "Whether the proposed development will require the expendi-
ture of excessive public funds to provide public facilities for the parcel, or the
surrounding area."
No expenditure of public funds will be required to provide public
facilities for the proposed development.
g) "Whether proposed development on slopes in excess of twenty
percent (20%) meets the slope reduction and density requirements of Section 7-
903 (B) (2) (b)."
The proposed development does not trigger the City's slope reduction
regulations.
f) "Whether there are sufficient GMQS allotments for the
proposed development."
The proposed development will be deed restricted to APCHA's
affordable housing guidelines and, therefore, is eligible for an exemption from growth
management.
Upon the receipt of final SPA development plan approval, the Applicant will
prepare an amended SPA plan which meets the requirements of Section 7-804.D.g. of
the Regulations for review and approval of the City Engineer. The existing SPA
agreement will also be amended to memorialize any conditions placed upon the pro-
posed development.
2. GMQS Exemption
Pursuant to Section 8-104.C.1.c., deed restricted affordable housing units are
exempt from growth management subject to the approval of the City Council. The
applicable review criteria include the City's need for such housing, the units location,
their size, and the proposed income category to which the units will be restricted.
As discussed previously, the proposed units are to utilized by employees of the
loth Mountain Division Hut Association. The two (2) unit contain approximately
nine hundred and sixty (960) and four hundred and ten (410) square feet of livable
Ms. Kim Johnson
January 14, 1994
Page 7
area, and are proposed to be deed restricted to APCHA's Category 2 and 3 income
and occupancy guidelines. The units will provide much needed housing for the Hut
Association, and their proposed construction is consistent with the Council's policy to
encourage the dispersal of such units throughout the City's neighborhoods.
3. Vested Property Rights
In order to preserve the land use approval which may be obtained as a result
of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is under-
stood by the Applicant that, to establish such status, final approval of the proposed
SPA development plan must be granted by ordinance of the City Council. It is also
the Applicant's understanding that no specific submission requirements, or review
criteria other than a public hearing, are required to confer such status.
Should you have any questions, or require additional information, please do not
hesitate to call. As the Applicant wishes to commence construction of the proposed
structure this spring, your prompt attention to the scheduling of this application
would be sincerely appreciated.
Yours
VANNASSOCIATES
unny Vqn,, AICP
SV:cwv
Attachments
cc: Peter Looram
Fredric Benedict
c:\bus\city.app\app24493.aff
EXHIBIT 5
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303-925-1766 : 303-925-6527 FAX Vice President
300, OWNER'S LIST
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of Lot 16, Callahan
Subdivision as obtained from the most current Pitkin County Assessors Tax
Rolls.
NAMES AND ADDRESSES TAR SCHEDULE NUMBER
--------------------------------------------------------------------------
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
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AUTHORIZED SIGNA E
ASPEN CLUB INTER,._ 'IONAL
P 14A, CALLAHAN SUB
ATTN: DIANE
1450 CRYSTAL LAKE ROAD
ASPEN CO
81611
ASPEN CLUB INTERNATIONAL
LOT 15, CALLAHAN SUB
C/O MARK OVERSTREET
1450 CRYSTAL LAKE ROAD
ASPEN CO
81611
BARBARA 0. FLECK 1/2
LOT 7, CALLAHAN SUB
LISA BETH FLECK 1/2
1525 SOUTH LODGE DRIVE
SFL
ARASOTA
34239
CHARLES MADDALONE
SOUTHERN MOST LOT, GORDON/
MARLENE MADDALONE
CALLAHAN SUB
TRUSTEES
P.O. BOX 635
ASPEN CO
81612
CITY OF ASPEN
UTE CEMETERY
130 SOUTH GALENA
ASPEN CO 81611
CITY OF ASPEN UTE CHILDREN'S PARK
130 SOUTH GALENA
ASPEN CO 81611
FREDERICO LONGORIA
LOT 8, GORDON/CALLAHAN SUB
DENNIS E. NIXON
BOX 1359
1200 SAN BERNARDO
LAREDO TX 78042
PHYLLIS S. HOJEL
LOT 15, UTE PLACE SUB
C/O ELECTRO COM AUTOMATION
2910 AVENUE F
ARLINGTON TX 76011
POWDERHOUSE ENTERPRISES
LOT 16, CALLAHAN SUB
SUBJECT PROPERTY
1280 UTE AVENUE
ASPEN CO 81611
T. RICHARD BUTERA LOT 14E, CALLAHAN SUB
JULIE ANTHONY BUTERA
520 E. DURANT AVENUE
ASPEN CO 81611
THE ASPEN RIVER ___IENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK 74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK 74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK 74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK 74135
UTE PARK PARTNERSHIP
215 SOUTH MONARCH
ASPEN CO 81611
)T 2A, GORDON/CALLAHAN SUB
LOT 2B, GORDON/CALLAHAN SUB
LOT 2C, GORDON/CALLAHAN SUB
LOT 9, GORDON/CALLAHAN SUB
METES AND BOUNDS
EXHIBIT 8
SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT
LOT 16, CALLAHAN SUBDIVISION
(BENEDICT OFFICE BUILDING TO BE KNOWN AS
POWDER HOUSE CONDOMINIUMS)
THIS AGREEMENT, made and entered into this ��—� day of
January, 1994, by and between FREDRIC A. BENEDICT, FABIENNE
BENEDICT, and BENEDICT LAND AND CATTLE COMPANY, a Colorado
corporation (collectively "Benedict"), and THE CITY OF ASPEN,
COLORADO, a municipal corporation and home rule city (the "City"),
W I T N E S S E T H•
WHEREAS, Benedict was the record owner of Lot 16, Callahan
Subdivision, according to the Plat thereof recorded May 19, 1976 in
Plat Book 5 at Page 7 in the office of the Clerk and Recorder of
Pitkin County, Colorado, together with the improvements thereon
known as the Benedict Office Building (collectively the "Subject
Property"); and
WHEREAS, the Benedict Office Building was legally constructed
in 1974 pursuant to a valid building permit, and was subsequently
rezoned to RR (Rural Residential) PUD, thus becoming a
grandfathered non -conforming use; and
WHEREAS, the Benedict Office Building has historically been
used for business and professional offices; and
WHEREAS, for purposes of removing such non -conformity,
Benedict applied to the City to designate the Subject Property as
a Specially Planned Area and to vary the uses permitted in the RR
Zone District to allow business and professional offices as a use
by right on the Subject Property; and
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 25, recorded in Book 716 at Page 615 of the Pitkin County
records, the City designated the Subject Property as a Specially
Planned Area, granted Final SPA Development Plan approval for the
Subject Property, and granted a variation to the uses permitted in
the RR Zone District to allow business and professional offices on
the Subject Property, subject to the conditions set forth in the
Ordinance; and
WHEREAS, under and pursuant to Aspen City Council Resolution
No. 89, Series of 1993, the City granted an extension of the
recordation requirements contained in Section 7-804.D.4. of Chapter
24 of the Municipal Code of the City of Aspen to and until
January 31, 1999; and
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 13, recorded in Book 716 at Page 610 of the Pitkin County
records, the City granted subdivision exemption approval for the
condominiumization of the Benedict Office Building, to be known as
Powder House Condominiums, subject to the conditions set forth in
the Ordinance; and
WHEREAS, Benedict and City desire to memorialize the
conditions to SPA approval by entering into the following SPA
Development Agreement; and
WHEREAS, Benedict acknowledges and agrees that the following
matters are necessary to protect, promote and enhance the public
health, safety and welfare.
NOW, THEREFORE, for and in consideration of the granting of an
SPA designation and Final SPA Development Plan Approval by the City
and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, Benedict hereby
covenants with the City as follows with respect to the Subject
Property:
1. Future Improvement District. Benedict agrees to join any
future improvement districts which may be formed for purposes of
constructing improvements in the public right-of-way that serves
the Subject Property.
2. Zoning Classification. The City confirms that the
Subject Property is zoned RR (PUD) (SPA), Rural Residential,
Planned Unit Development, Specially Planned Area.
3. Applicable Zoning Regulations. The applicable
regulations that govern the permitted and conditional uses,
dimensional requirements, and off-street parking requirements with
respect to the Subject Property, are those of the RR, Rural
Residential zone district, as such regulations may be amended from
time to time. Under and pursuant to Aspen City Council Ordinance
No. 93-25, business and professional offices are permitted uses
within the Benedict Office Building.
4. Open Space Designation. Benedict hereby designates as
open space those portions of the Subject Property which are not
presently occupied by the Benedict Office Building, any other
improvements, or parking areas, all as more particularly shown on
the Final SPA Development Plan recorded in Plat Book at Page
of the Pitkin County records. Provided, that the area
designated "Area Reserved for Affordable Housing" on the Final SPA
Development Plan (as said Plan may be amended from time to time)
may in the future be developed and used for affordable housing
purposes, if all applicable City land use approvals are obtained
2
therefor. Nothing herein shall obligate the City to grant such
approvals.
5. Perpetual Non -Profit Space. Benedict is donating Powder
House Office Condominium Units 21 and 22, and Storage Condominium
Unit 35, comprising approximately 882 square feet of the
improvements on the Subject Property, to the loth Mountain Division
Hut Association. Benedict covenants and agrees that said
Condominium Units shall be and hereby are forever restricted to
occupancy by a non-profit organization or organizations. If said
Condominium Units or any of them are ever reconfigured, the
resulting Condominium Units which are subject to this occupancy
restriction shall not contain less than 1,259 square feet.
6. Condominiumization Permitted. Pursuant to Ordinance No.
13, the Aspen City Council granted subdivision exemption approval
for the condominiumization of the Benedict Office Building, to be
known as Powder House Condominiums, subject to the conditions set
forth in the Ordinance.
7. Vested Rights. Pursuant to Section 24-6-207 of the
Municipal Code, a Vested Property Right is hereby established for
all development activities permitted, approved or confirmed by this
Agreement and, accordingly, for the three-year period next
succeeding May 24, 1993, no zoning or land use action by the City,
legislative or otherwise and no citizen initiated zoning or land
use action shall in any manner alter, impair, prevent, diminish or
otherwise delay any development activities or use of the Subject
Property permitted, approved or confirmed by this Agreement,
except:
(i) With the consent of the owner of the Subject
Property affected by such action;
(ii) Upon the discovery of natural or man-made
hazards on or in the immediate vicinity of the Subject
Property affected by such action, which hazards could not
reasonably heretofore have been discovered and which hazards,
if uncorrected, would propose a serious threat to the public
health, safety and welfare; or
(iii) Nothing by the establishment of this Vested
Property Right shall exempt the development activities or use
of the Subject Property contemplated in or by this Agreement
from subsequent reviews and approvals which may be required by
other provisions of this Agreement or the general rules,
regulations and ordinances of the City, provided that such
reviews and approvals are not inconsistent with the
development activities or uses of the Subject Property
contemplated in or by this Agreement. Moreover, the
3
establishment of this Vested Property Right shall not preclude
the application of ordinances or regulations which are general
in nature and are applicable to all properties subject to land
use regulation by the City, including but not limited to,
building, fire, plumbing, electrical and mechanical codes, and
in connection with any such development activities or use of
the Subject Property, the owner(s) of the Subject Property
involved shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, unless such
owner(s) shall have been granted an exemption therefrom in
writing. Nothing by the establishment of this Vested Property
Right shall preclude judicial determination, based upon common
law principles, that a vested property right exists with
respect to any development activity or use of the Subject
Property approved or not approved by this Agreement, or that
any subsequently enacted or citizen initiated zoning or land
use action has resulted in a compensable taking of all or some
portion of the Subject Property. In the event of a final
determination by the City Council of a non-compliance with the
terms of this Agreement by Benedict, then so much of the
Vested Property Right hereby established as relates to the
condition of this Agreement not complied with, shall from,
then and thereafter no longer exist; provided that if such
determination is ever judicially invalidated, the Vested
Property Right formally extinguished shall, ipso facto,
thereupon be revived nunc pro tunc to the time of the
Council's determination of noncompliance.
8. Severability. If any of the provisions of this Agreement
or any paragraph, sentence, clause, phrase, word or section of the
application thereof in any circumstance is invalidated, such
provision, paragraph, sentence, clause, phrase, word or section
shall be severed from the Agreement and the remainder of the
Agreement shall remain in full force and effect.
9. Release of Waiver. None of the covenants contained
herein shall be released or waived in any respect without the prior
consent of the City reflected by resolution of the City Council of
the City of Aspen.
10. Attorneys' Fees. In any legal proceeding to enforce the
provisions of this Agreement, the prevailing party shall be
entitled to recover its costs and fees therein, including its
reasonable attorneys' fees and expert witness fees.
11. Amendment. The provisions of this Agreement may be
changed, modified or amended only by the recording of a written
instrument signed by an authorized officer of Powder House
Condominium Association, Inc., and by the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
4
12. Binding Effect. This Agreement shall run with the title
to the Subject Property and shall be binding upon all parties
having any right, title or interest in the Subject Property or any
part thereof, and their heirs, representatives, successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
BENEDICT : -"
Fredric A. Benedict
Fabienne Benedict
BENEDICT LAND AND CATTLE
COMPANY, a Colorado corporation
By:
Fredric A. Benedict, President
CITY: THE CITY OF ASPEN, COLORADO
By:
Mayor
ATTEST:
City Clerk
STATE OF COLORADO )
SS.
COUNTY OF PITRIN )
The foregoing instrument was acknowledged before me this 7 ifs
day of January, 1994, by Fredric A. Benedict and Fabienne Benedict,
individually, and by Fredric A. Benedict as President of Benedict
Land and Cattle Company, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
(SEAL) Z&
No ry Public
11839.1
5
STATE OF COLORADO )
) SS.
COUNTY OF PITRIN )
The foregoing instrument was acknowledged before me this
day of January, 1994, by as Mayor and by
as City Clerk of The City of Aspen,
Colorado, a Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
11839.1
`J�
EXHIBIT 10
ARTHUR I. MEARS, P.E., INC.
Natural Hazards Consultants
222 Eau Gothic Ave.
Gunnison, Colorado 81230
303 - 641.3236
July 29,1993
Mr. Dave Schweppe
loth Mountain
1280 Ute Ave.
Aspen, CO 81611
RE: Proposed building, SE Corner of Lot 16, Callihan Subdivision, Aspen.
Dear Mr. Schweppe:
This letter provides my opinion about the feasibility of building a house or other building
designed to resist avalanche loads at the above address. The site is located at the edge of the
runout zone of the "Ute Trail" avalanche path and will be reached by powder blast and light
flowing snow and entrained debris during design magnitude "100—year" return period
conditions.
I have not completed the required analysis to determine the design avalanche energy and
velocity at the building site, however, based on my experience at numerous other sites in
North America, I feel building at this location would be feasible for the following reasons:
a. Avalanche velocity and energy are small at this site;
b. Avalanche —induced static and dynamics loads would also be small;
c. Structural reinforcement of the building would be required, but could easily be
designed to accommodate the loads; and
d. Because avalanche frequency at this location is small (avalanches have never been
observed at this site), the exposure of people would present a small risk.
Please contact me if you have any questions.
Sincerely,
C
Arthur I. Mears, P.E.
Avalanche —control engineer
Encl.
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Mau Wasting 0 Avalanches • Avalanche Control Engineering
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HOLY CROSS E _CTRIC ASSUC- d IUINI IM,.
_99 HIGHWAY 82
1
P.O. DRAWER 2150
C-,I_iNWOOD SPRINGS, COLORADO 81602
August 10, 1993
Mr. Dave Schweppe,?i4,.,
Tenth Mountain Uvisi6`n'qHut
12 8 0 U t e Avenue
Aspen, Colorado"91611
RE: Sout�e'asit!!. orner, Lo
Subdivisle'n-Employee:- oyee. .
(303) 945-5491
EXHIBIT 13 (FAX)945-4081
X Y=
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e-biftif icat
c U 5 d ev' pi6inE is. -:within.
Dear Dave
The above-Edntibne�4: w. !&'t
1 "' - ly'�: C---,,*-- {Electric i�fizffi Viri* Ili
service aria ole�7H6 ross 1ki c ri C. 4"
; . . . "I- - '-L--;
, ]�
Holy Ci6ss.-Elec'tr c _Association,- . nc.- he eaxT�i�tt:jng. power:�-_*.
tle's 'd'7 6 a on or_�_nei :ment bndd project: e�`These
:,J i3 '_ 6,id 'the �'above_ ' i
existing�faciilties -ha"v*e'adequiaii�'8i]�ai�iiy' provide electric
power to.,the�o-deve3:1-o:-p-me:��t,-,-"q* -a" 'Arules and
.ijubj iidt��,tdt. riffsi
40- #;- -
line- enlar- Moca
treltions,
gement ..,-
and new extensions'necessary-"t power to and
within th'e"d-e7-veloplQt-vill-be-undert.'iken4�iyOHo-1y-'-�C-ross Elect
ric.,.;..
Associati n,*,-.L' c._contractualp n ccmpletioi'o appropriate
agreement
Please advis en you wish to proceed with the -development of
the electric 'system for this project.
Sincerely,
HOLY_CR4@§ ASSOCIATION, INC.
ffr F a e
Staki ngineer
JAF:rjm
August 10, 1993 THE CITY'OF ASPEN
Mr. David Schweppe
loth Mountain Division
1280 Ute Avenue
Aspen, CO 81611
SUBJECT:' REQUEST FOR WATER SERVICE .
` LOT 16, CALLAHAN SUBDIVISION
Dear Mr_ Schweppes
The City of Aspen does have water supplies and infrastructure to serve the proposed housing .
project on Lot 16 of the Callahan Subdivision. All provisions of the City Codes must be '
followed in obtaining water service • from the City of Aspen.
Pl a contact our Customer Services Department at 920-5030 if you have any questions
co c rning water service.
<.
Larry Ballenger, Water Superintendent
Cft7jr cf Aspen, Wa+.er Department
cc: Customer Services Department
LB:rI
�. 364110
Lb10/scbaeppe.kt
130 SOum GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5000 FAx 303.920.5197 - _ -
• ►m•d m wayded PPe �� . ,
ROCS
MdUNTAIN
NATURAL GAS
.gym
:;....o.
August 2, 1993
loth Mountain Division
1280 Ute Avenue
Aspen, Colo 81611
Re: Employee Housing Lot 16 Callahan Sub -Division
. cky Mountain Natural Gas
A Division of K N Energy, Inc.
113 AABC
Aspen, CO 81611
(303) 925-2323
Dear: Mr. Schweppe, _.
This is in'reply to your inquiry concerning the proposed Employee
Housing Unit to be built on lot 16, Callahan Sub -Division Please
be advised that the project is within the service area of Rocky
Mountain Natural Gas (RMNG).
It is RMNG's understanding that if RMNG installs any facilities to
serve this development, said facilities will be installed on
franchise -property as governed by the franchise agreement. If
some unusual circumstance arises that requires the installation of
our facilities on a utility easement, the utility easement area
must be accessible to the grantee for the purpose of construction,
installation, maintenance, renewal, repair and operation of
pipelines installed thereon; therefore, grantor shall not
construct nor cause nor allow to be constructed surface structures
over the easement area. Surface structures shall include, but not
be limited to, fences, walls, buildings of any type, shrubs or
trees. All service provided will be subject to the tariffs, rules
and regulations on file and upon completion of contractual
arrangements.
We do not, however, consider this an application for natural gas
service for this development. If the developer desires natural
gas service, he must submit written applications for such service
to the local RMNG distribution office. A decision will then be
made as to whether or not natural-gas service can be rendered. -
Very t-ru((l��y yours,
Raymond L. Patch E
Aspen District Manager
RP / ,.;.
pc: John Wilson - Glenwood Springs
.'as
L o T / G. C.¢-mac. ,�•��. s u o ��
12*-o uT
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Yo c.�, -
000
�r�f.t//f(r� ,�� US. G✓c 3 � ,
Tale. (303) 925-3601
Sy Kelly - Chairman
John J. Snyder - Treaa
Louis Popish - Secy.
November 23, 1993
David Schweppe
1280 Ute Ave.
Aspen, CO 81e11
Re: sewer service for !280 Ute
possible employee hc•-'sing
Dear David:
Aspen Consolidated Sanitation District
665 North Mill Street
Aspen, Colorado 81611
FAX N(303) 926.2537
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
This letter is to confirm that sewer service from our District is
available in Uts Avenue near the front of the property at 1280
Ute Avenue. Service is contingent upon compliance with the
District's Rules and Regulations which are on file at the
District office. The entire property to be developed appears to
reside within our service area.
A cost estimate of the total connection fees _and associated
impacts fees can be determined from detailed plans once they are
available for review. Specific concerns regarding our collection
system in this area can be addressed by Tom Bracewell of our
office.
Please call if ,you have any questions.
5lncereIy,
Bruce Mather l y'Y"
District Manager
EPA AWARDS OF EXCELLENr'o
1 A7B . 1g8A -
Exhibit B
.{aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
Sy Kelly - Chairman
John J. Snyder - Treas.
Louis Popish - Secy.
February 14. 1994
Mary Lachner
Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: 10th Mountain SPA Amendment
Gear Mary:
FAX N(303) 925-2537
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr:
The Aspen Consolidated Sanitation District currently has
sufficient line and treatment capacity to serve this project.
Service is contingent upon compliance with the District's Rules
and Regulations, and Specifications which are on file at the
District office.
There are minor downstream line constraints for which the
applicant will be surcharged a prorated share. Through additional
development in this area the constraints will eventually be
eliminated.
Total connection charges for this development have been
estimated, based upon conceptual plans, at the applicant's
request. Once detailed plans are available a more accurate
estimate of the fees can be made. and compliance with the
District's requirements assured.
Sincere Iy,
Bruce Matherly
District Manager
EPA AWARDS OF EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
-
WAYNE L. VANDEMARK, FIRE MARSHAL
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81611
(303) 925-2690
TO: Mary Lackner, Plann g Office
FROM: Wayne Vandemark; Fire Marshal
RE: loth Mountain Division Hut Association/Powder
condominiums Final SPA Development Plan Amendment & GMQS
Exemption, Parcel ID No. 2737-181-32-020
DATE: January 31, 1994
We have reviewed the application submitted by the loth Mountain
Division Hut Association. The site is approximately four minutes
from headquarters fire station. There is ample water supply in the
area for fire suppression.
MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department (7
Date: February 23, 1994
Re: loth Mountain Division Hut Association/Powder House Condominiums Final SPA
Development Plan Amendment & GMQS Exemption
Having reviewed the above referenced application, the Engineering Department has the
following comments:
1. Avalanche Zone - Condition of approval: The building permit application package
shall contain a letter by Arthur Mears or another registered engineer that the structure
has been designed to withstand the anticipated avalanche loads.
2. Utilities Extensions - The Ute Avenue area property owners recently constructed
improvements to pavement and drainage on Ute Avenue. One of the goals of that project
was to provide utility stub -outs for known, future development in order to prevent cutting
and patching the freshly paved street. There is no Ordinance prohibiting cutting pavement
for five years, or any other length of time. Nevertheless, it is a desirable goal. Therefore
the applicant is urged to provide utility hook-ups outside of the pavement if possible or
to undertake any possible construction measures to eliminate or reduce the road cut.
If transformers or utility pedestals are needed, easements must be provided on the
property. No above grade utility facilities are permitted to be installed in the public right-
of-way.
3. Excavation Permit for Work in Public Right - Given the continuous problems
of unapproved work and development in public rights -of -way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920-5130).
The excavation permit application requires that the applicant submit as -built drawings of
work located within the public rights -of -way, showing horizontal and vertical locations
within 1 foot accuracy of all utilities, including their size and identification, together with
any other features encountered during excavation within the rights -of -way.
4. Trash, Recycle & Utility Area - As applicable to this project, we recommend a
condition of approval that requires that the final development plan show a detailed
drawing of the area for trash, recycle, utility meters, and other utility facilities. The
dumpster and the recycle bins should be shown and dimensioned to ensure that the area
functions well. Meters may not be obstructed by trash facilities in order to protect the
utilities' ability to read the meters.
5. Survey and Property Monuments - The applicant is advised that any disturbed survey
and property monuments must be re -set as required by Colorado Revised Statutes.
6. Energy Conservation - The applicant is requested to install energy conservation devices.
cc: Robert Gish, Cris Caruso
M94.109
5p
FEB 23 '94 04:06PM ASPEN HOUSING OFC
P.1
MEMORANDUK
TO: Mary Lackner, Planning Office
PROM: Cindy Christensen, Housing Office
DATE: February 23, 1994
RE: 10th MOUNTAIN DIVISION HUT ASSOCIATION/POWDER HOUSE
CONDOMINIUMS FINAL SPA DEVELOPMENT PLAN AMENDMENT/GMQS
EXEMPTION
Parcel ID No. 2737-181-32-020
: The applicant is requesting construction of two (2) on -site
affordable housing units in place of the approval that was granted
on March 9, 1992 to deed restrict the building's existing one -
bedroom unit to the Resident Occupied Guidelines.
RECOKMENDAT20N: The Housing office recommends that this request be
approved. In place of a Resident Occupied one -bedroom unit, the
housing program would benefit by receiving one two -bedroom, two -
bath category 3 unit and one studio Category 2 unit. The sizes of
the units are also appropriate with respect to the Housing Office's
Guidelines, with the two -bedroom approximately 960 square feet and
the studio approximately 410 square feet.
If approved, the Housing Office would require the applicant sign
and record Deed Restrictions for each unit, restricting the units
as Category 2 for the studio and Category 3 for the two -bedroom,
along with the other conditions listed in the deed restriction.
The Housing Office will provide the deed restrictions for recording
to the applicant. The Housing Office must have the recorded book
and page number prior to building permit approval.
\word\r@forrai\10—vttn.edu
MEMORANDUM
TO: Mary Lackner, Planning Office
THRU: George Robinson, Parks Director
FROM: Rebecca Baker, Parks Department
DATE: February 23, 1994
RE: loth Mountain Division Hut Assoc./Powder House Condominiums Final SPA
Development Plan Amendment & GMQS Exemption
We have reviewed the application submitted by the loth Mountain Division Hut Association and
offer the following comments.
In general, the application has little impact on issues relevant to the Parks Department. There is no
submitted landscape plan with this application and we would suggest one be submitted prior to
construction. We would also suggest that the landscape design be consistent with the surrounding
landscape of the aspen grove, and that if an irrigated turf area is proposed that it be consistent with
the adopted Water Conservation Code. Any trees over six inches in diameter require a tree removal
permit and should be detailed on the landscape plan as well. Construction occurring around trees to
be saved should be protected and no digging in the drip line of the trees. The Parks Department has
guidelines available for construction occurring around trees.
The final comment on this application is in regards to the impacts on trails. While there is an
existing trail along this property, the increased development of this section of town (including the
Ute Park residential project) provides evidence that a trail extension from Ute Park to Herron Park
is a necessary and important link to complete. This comment is not intended for the applicant to
provide this trail extension just that it be noted for its impact on the trail system.
MEMORANDUM 1
TO: MARY LACKNER, ASPEN/PITKIN PLANNING OFFICE
FROM: PHIL OVEREYNDER, WATER DEPARTMENT DIRECTOT11,9
DATE: FEBRUARY 8, 1994
SUBJECT: LOTH MOUNTAIN DIVISION/POWDER HOUSE CONDOMINIUMS
Thank you for the opportunity to review the above -referenced application. I have the following
comments:
• Water Tap Fee Waivers --
The preapplication conference summary submitted with the application includes a notation
regarding possible water tap fee waivers. Current City policy on tap fee waivers is set
forth under Ordinance 90-8. The applicant should be advised that City Council has
requested a review of the policy and it is subject to change.
• Water Service Availability --
Please refer to the August 10, 1993, Water Department letter, included in the application
packet which references the ability of the City's system to serve the proposed housing
project on Lot 16 of the Callahan subdivision.
• Utility Location --
The site plan should identify existing and proposed utility locations and service lines for
the proposed structure in order to provide proper spacing and avoid conflicts.
PO:11
\phi1\10thmnt.mem
Exhibit C
SPA Amendment
Section 24-7-804
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
Section 7-804(E)(2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
Section 7-804(D)(2) of the SPA regulations permit dimensional
variances from the underlying zone district if the variation
complies with Section 7-804(B), the review standards for
development in a specially planned area (SPA). Compliance of these
review standards follow:
1. Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity
of the parcel in terms of the land use, density, height,
bulk, architecture, landscaping and open space.
Response: The adjacent land uses include residential, office, and
a recreation club. The Ute Park Subdivision, which will include
4 free market and 7 deed restricted units, is located across Ute
Avenue from this property. The proposed employee housing structure
will meet the height requirements of the RR zone district and will
be landscaped. This development will be compatible with the
surrounding land uses.
2. Whether sufficient public facilities and roads exist to
service the proposed development.
Response: Holy Cross Electric Association, the Water Department,
Rocky Mountain Natural Gas, U.S. West, and Aspen Consolidated
Sanitation District have all indicated that there is capacity to
serve this project.
The City Engineer has expressed concern that all utility hookups
be provided outside of the pavement, as much as possible, due to
the new pavement and drainage improvements on Ute Avenue.
3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
Response: The applicant has indicated that the property is located
within the "Blue Zone" of the Ute Trail avalanche path. The Blue
Zone, or potential -hazard zone, is the transition zone between high
hazard and no hazard, and includes avalanches that are either small
or infrequent. The applicant has retained Art Mears to provide
site specific mitigation recommendations for the proposed building
envelope. The proposed structure has also been designed to shed
or divert any avalanche flow.
Although the City has approved the Ute Park Subdivision which is
within the Ute Trail avalanche path, staff does not believe
development is appropriate in any avalanche path.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes,
avoid adverse environmental impacts and provide open
space, trails and similar amenities for the users of the
project and the public at large.
Response: The new structure has been designed to minimize exposure
to the avalanche path. A bike/pedestrian trail and fishing
easement already cross the property and there is a sufficient
portion of the property retained as open space.
S. Whether the proposed development is in compliance with
the Aspen Area Comprehensive Plan.
Response: The proposed project is consistent with the AACP, as it
provides fully deed restricted affordable housing by the private
sector.
6. Whether the proposed development will require the
expenditure of excessive public funds to provide public
facilities for the parcel, or the surrounding
neighborhood.
Response: No expenditure of public funds will be required to
provide public facilities for the proposed development.
7. Whether proposed development on slopes in excess of
twenty (20) percent meet the slope reduction and density
requirements of Section 7-903(B)(2)(b).
Response: There are no slopes of twenty percent or greater on the
property, therefore, the slope density reduction requirement is
not applicable on this parcel.
8. Whether there are sufficient GMQS allotments for the
proposed development.
Response: There is no quota on the number of GMQS allotments
available for fully deed restricted affordable housing. This
project will need a GMQS exemption by City Council for the
development of fully deed restricted dwelling units.
GMQS Exemption for an Affordable Housing Unit
Section 24-8-104(C)(1)(c)
The applicant is proposing to construct a two bedroom, two bath 960
sq.ft. unit restricted to Category 3 guidelines and a 410 sq.ft.
studio unit restricted to Category 2 guidelines. These units are
voluntarily provided by the applicant. They are not required for
housing mitigation.
Section 8-104 (C) (1) (c) allows City Council to exempt affordable
housing units based on the need for the unit, their compliance with
the adopted housing plan, the type of unit, and the price category
to which the unit will be restricted.
The Planning Office believes that the applicant's request to
construct these two fully deed restricted affordable dwelling units
is consistent with the adopted plans and regulations of the City
of Aspen.
0
Sri
Exhibit D
Exhibit E
Public Notice
ORDINANCE No.13
(SERIFS OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN
GRANTING GMQS EXEMPTION FOR THE CON-
STRUCTION OF TWO AFFORDABLE HOUSING
UNITS FOR TIIE TIIE TFNT71 MOUNTAiN TRAILS.
ASSOCIATION AND GRANTING VESTED RIGIfTS
FOR A PERIOD OF THREE YEARS FOR THE
DEVELOPMENT LOCATED AT 12W LITE AVENUE
(LOT 16 CALIAHAN SUBDIVISION)
WHEREAS, pursuant to Section 248104(C`)(I)(c)
of the Aspen Municipal Code. City Council may
exempt deed restricted affordable housing units
from Growth Management Quota System (GMQS)
competition; and
WHEREAS, pursuant to Section 24-&207 of the
Aspen Municipal Code. City Council may grant
vesting of development rights for a site specific
development plan for a period of three years from
the date of final development plan approval; and
WIIEREAS, Fredric A. and Fablenne Benedict
('Applicant'), as represented by Sunny Vann,
submitted an application to the Planning Office
requesting GMQS Exemption for the constnx:tlon
of two affordable housing units to voluntarily
house employees of the Tenth Mountain Trails
Association; and
WiIEREAS. lot 16 is zoned Rural Residential
and affordable housing Is a conditional use in this
zone district; and
WIIEREAS, the Planning and Zoning Commis-
sion considered the applicant's request at a pub-
lic hearing on March 22, 1994, and approved the
applicant's request for conditional use and SPA
amendment as outlined In Planning and Zoning
Commission Resolution 93-
WHEREAS, the Planning and Zoning Commis-
sion voted 5-0 to recommend approval to City
Council the GMQS Exemption for the develop-
ment of a Category 2 studio unit and a Category 3
two bedroom unit within a new outbuilding on
the property.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COL
ORADO:
Section 1: That It does hereby grant GMQS
Exemption for two Affordable flossing units to be
located on lot 16 of the Callahan Subdivision pur-
suant to Section 24-&104(C)(i)(c) of the Aspen
Municipal Code.
Section 2: The conditions of approval which
apply to this GMQS Exemption are:
I. A landscaping plan shall be submitted to the
Planning Office and Parks Department for review
and approval prior to Issuance of a building per -
mil for the new structure. Any trees over six Inch-
es in diameter require a tree removal permit and
should be detailed on the landscaping plan. Coo-
struction occurring around endstbng trees should
be protected and no digging In the drlpline of the
trees is pennilled.
2. The building permit application package shall
contain a letter by a registered engineer that the
structure has been designed to withstand
avalanche loads.
3. Culling Into the Ute Avenue pavement for
utility Installation shall be kept to a minimum.
4. The applicant shall consult city engineering
(920.5080)for design considerations of develop-
ment within public right of -way, parks depart-
ment (92GS120) for vegetation species, and shall
obtain permits for any work or development,
Including twidscaplog, within public rights -of -way
from city streets department (9205130).
5. The building permit plans shall Include a
detailed drawing of the trash area, recycle area,
utility meters, and other utility facilities.
Saturday -Sunday, April 2-3, i994 a The Aspen Times 27-C
6. The applicant shall sign and record deed
restrictions for each unit restricting the units as
Category 2 for the studio and Category 3 for the
two -bedroom, along with the other conditions
listed In the deed restriction. The Housing Office
must have the recorded txxrk and page number
prior to the Issuance of any building permits.
7. All material representations mad by the apply
cant In the application and during public meet-
Ings with Ibe Planning and Zoning Commission
shall be adhered to and considered conditions of
approval, unless otherwise amended by other
conditions.
Section 3: Pursuant to Section 24-&207 of the
Municipal Code, City Council does hereby grant
the applicant vested rights for the site specific
development plan as follows:
1. 'The rights granted by the site specific devel-
opment plan approved by this Ordinance shall
remain vested for three (3) years from the date of
final adoption specified below. Ilowever, any fail-
ure to abide by the terms and conditions atten-
dant to this approval shall result In forfeiture of
said vested property rights. Failure to timely and
property record all plats and agrmnents as spec
Ilied herein or In the Municipal Code shall also
result In the forfeiture of said vested rights.
2 The approval granted hereby shall be subject
to all rights of nelerendun and judicial review.
3. Nothing In the approvals provided by title
Ordinance shall exempt [be site specific develop-
ment plan from subsequent reviews and/or
approvals required by this Ordinance or the gen-
eral rules, regulations or ordinances of the City
provided that such reviews or approvals are not
Inconsistent with the approval granted and vest-
ed herein.
4. The establishment herein of a vested proper-
ty right shall not preclude tine application of ordF
nances or regulations which are general In nature
and are applicable to all properties subject to
land use regulation by the City of Aspen, includ-
Ing but not limited to, building, fire, plumbing,
electrical and mechanical codes. In this regard, as
a condition of this site development approval, the
developer shall abide by any and all such bulld-
Ing, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom Is granted
In writing.
Section 4: The City Clerk shall cause notice of
this Ordhnarnce to be published In a newspaper of
general circulation within the City of Aspen, no
later than fourteen (14) days following final adop-
tion hereof. Such notice shag be given In the fol-
lowing form:
Notice is hereby given to the general public of the
approval of a site specific development plan, and
the creation of a vested property right pursuant to
Title 24. Article 68, Colorado Revised Statutes, per-
taining to the following described properly.
The properly shall be described In the notice
and appended to said notice.
Section 5: A public hearing on the Ordinance
shall be held on the 25 day of April, 1994 at 500
P.M. In the City Council Chambers. Aspen City
Hall. Aspen, Colorado. Fifteen (1.5) days prior to
the hearing a public notice of the hearing shall be
published In a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
USItED as provided by law, by the City Council of
the City of Aspen on the I I day of April, 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Knch. City Clerk
Published In The Aspen Times April 1, 1994.
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director
FROM: Mary Lackner, Planner
DATE: April 11, 1994
RE: Powder House Condominium (Tenth Mountian Division) Final
SPA Development Plan Amendment, GMQS Exemption, and
Vested Rights- First Reading of Ordinance !3 , 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the request
for a SPA Development Plan Amendment to vary the front and side
yard setbacks and the minimum lot area requirements of Lot 16 of
the Callahan Subdivision; GMQS exemption for two on -site
affordable dwelling units; and vested rights of this development.
PREVIOUS COUNCIL ACTION: Ordinance 25, Series 1993 approved an SPA
overlay on Lot 16 of the Callahan Subdivision. The SPA overlay was
put in place to rectify the non -conforming status of the existing
professional office building located on the parcel. This SPA site
plan identified a portion of the property for future affordable
housing.
BACKGROUND/PROJECT DESCRIPTION: The applicant, Fredric A. and
Fabienne Benedict, represented by Sunny Vann, has submitted the
application so that the Tenth Mountain Trails Association can
construct two fully deed restricted affordable dwelling units on
the property to house their employees. A Category 2 studio and a
Category 3 two bedroom unit are voluntarily being provided.
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
Section 7-804(E)(2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
Please refer to the application text and drawings, Exhibit "A".
The project is located at 1280 Ute Avenue, which is also known as
Lot 16 Callahan Subdivision. The lot is zoned RR (rural
residential) with a SPA (specially planned area overlay) and is two
acres in size.
Referral comments from the Aspen Consolidated Sanitation District,
Aspen Fire Protection District, City Engineer, Housing Office,
Parks Department, and Water Department are included as Exhibit "B".
CURRENT ISSUES: Staff discussion of the GMQS Exemption review and
SPA Amendment criteria is contained in Exhibit "C". Staff and the
Commission believe that this proposal is consistent with the
requirements of Section 24-8-104 (C) (1) (c) for the provision of
affordable housing and Section 24-7-804 (E) (2) for the SPA Amendment
of the Aspen Municipal Code.
Section 24-6-207 dictates the process and ordinance language
requirements for establishing vested rights for three years.
RECOMMENDATION: The Planning Commission and staff recommend
approval of the SPA Amendment and GMQS Exemption for two fully deed
restricted affordable housing units and vested rights subject to
the following conditions:
1. A landscaping plan shall be submitted to the Planning Office
and Parks Department for review and approval prior to issuance
of a building permit for the new structure. Any trees over
six inches in diameter require a tree removal permit and
should be detailed on the landscaping plan. Construction
occurring around existing trees should be protected and no
digging in the dripline of the trees is permitted.
2. The building permit application package shall contain a letter
by a registered engineer that the structure has been designed
to withstand avalanche loads.
3. Cutting into the Ute Avenue pavement for utility installation
shall be kept to a minimum.
4. The applicant shall consult city engineering (920-5080)for
design considerations of development within public right-of-
way, parks department (920-5120) for vegetation species, and
shall obtain permits for any work or development, including
landscaping, within public rights -of -way from city streets
department (920-5130).
5. The building permit plans shall include a detailed drawing of
the trash area, recycle area, utility meters, and other
utility facilities.
6. The applicant shall sign and record deed restrictions for each
unit, restricting the units as Category 2 for the studio and
Category 3 for the two -bedroom, along with the other
conditions listed in the deed restriction. The Housing Office
must have the recorded book and page number prior to the
issuance of any building permits.
7. The applicant shall submit the revised final development plan
which illustrates the specific location of the proposed
structure. The final development plan shall be recorded
within 180 days of this approval.
8. All material representations made by the applicant in the
application and during public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
PROPOSED MOTION: "I move to have first reading of Ordinance
1994 for approval of the Powder House Condominium SPA Amendment,
GMQS Exemption for two fully deed restricted affordable housing
units, and vested right approval, subject to the conditions
recommended in the April 11, 1994 Planning Office memorandum."
CITY MANAGER COMMENTS:
Ordinance 1994
Exhibits:
"A" - Application Packet
"B" - Referral Comments (Aspen Consolidated Sanitation
District, Aspen Fire Protection District, City Engineer,
Housing Office, Parks Department, and Water Department)
"C" - SPA Amendment and GMQS Exemption criteria
"D" - May, 1993 Final SPA Development Plan
ITI4VTUs) RXklVol 0TV
TO: Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: loth Mountain Division Hut Association/Powder House
Condominium Final SPA Development Plan Amendment and GMQS
Exemption
DATE: F-e�rp--23 , 1994
Mt rc' h aa,
SUMMARY: The applicant is seeking approvals to permit the
construction of two (2) on -site affordable housing units and
approximately 600 sq.ft. of garage and storage space for the loth
Mountain Division Hut Association.
To accommodate this request the applicant has addressed Section 7-
804(E)(2) for a SPA Amendment and Section 8-104 (C) (1) (c) GMQS
Exemption.
APPLICANT: Benedict Land and Cattle Company (Fredric A. and
Fabienne Benedict), represented by Sunny Vann.
LOCATION: Lot 16 Callahan Subdivision, which is located at 1280
Ute Avenue. The parcel contains two acres.
ZONING: Rural Residential (RR) with SPA overlay.
APPLICANT'S REQUEST: The applicant is requesting GMQS exemptions
for a two bedroom dwelling unit and a studio unit, both fully deed
restricted.
PROCESS: The Planning Commission will review the applicant's
request for the SPA amendment at a public hearing and makes a
recommendation to City Council for the GMQS Exemption. City
Council will review the GMQS Exemption and Vested Rights at two
readings.
REFERRAL COMMENTS: The following referral comments have been
received by the Planning Office and are included in Exhibit "B".
Aspen Consolidated Sanitation District
Aspen Fire Protection District
City Engineer
Housing Office
Parks Department
Water Department
STAFF COMMENTS: Lot 16 of the Callahan Subdivision is presently
improved with an office building, a one bedroom accessory dwelling
unit and several out buildings which are used for storage.
SPA Amendment
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
Section 7-804(E)(2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
Section 7-804(D)(2) of the SPA regulations permit dimensional
variances from the underlying zone district if the variation
complies with Section 7-804(B), the review standards for
development in a specially planned area (SPA). Compliance of these
review standards follow:
1. Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity
of the parcel in terms of the land use, density, height,
bulk, architecture, landscaping and open space.
Response: The adjacent land uses include residential, office, and
a recreation club. The Ute Park Subdivision, which will include
4 free market and 7 deed restricted units, is located across Ute
Avenue from this property. The proposed employee housing structure
will meet the height requirements of the RR zone district and will
be landscaped. This development will be compatible with the
surrounding land uses.
2. Whether sufficient public facilities and roads exist to
service the proposed development.
Response: Holy Cross Electric Association, the Water Department,
Rocky Mountain Natural Gas, U.S. West, and Aspen Consolidated
Sanitation District have all indicated that there is capacity to
serve this project.
The City Engineer has expressed concern that all utility hookups
be provided outside of the pavement, as much as possible, due to
the new pavement and drainage improvements on Ute Avenue.
N
3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
Response: The applicant has indicated that the property is located
within the "Blue Zone" of the Ute Trail avalanche path. The Blue
Zone, or potential -hazard zone, is the transition zone between high
hazard and no hazard, and includes avalanches that are either small
or infrequent. The applicant has retained Art Mears to provide
site specific mitigation recommendations for the proposed building
envelope. The proposed structure has also been designed to shed
or divert any avalanche flow.
Although the City has approved the Ute Park Subdivision which is
within the Ute Trail avalanche path, staff does not believe
development is appropriate in any avalanche path.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes,
avoid adverse environmental impacts and provide open
space, trails and similar amenities for the users of the
project and the public at large.
Response: The new structure has been designed to minimize exposure
to the avalanche path. A bike/pedestrian trail and fishing
easement already cross the property and there is a sufficient
portion of the property retained as open space.
S. Whether the proposed development is in compliance with
the Aspen Area Comprehensive Plan.
Response: The proposed project is consistent with the AACP, as it
provides fully deed restricted affordable housing by the private
sector.
6. Whether the proposed development will require the
expenditure of excessive public funds to provide public
facilities for the parcel, or the surrounding
neighborhood.
Response: No expenditure of public funds will be required to
provide public facilities for the proposed development.
7. Whether proposed development on slopes in excess of
twenty (20) percent meet the slope reduction and density
requirements of Section 7-903(B)(2)(b).
Response: There are no slopes of twenty percent or greater on the
property, therefore, the slope density reduction requirement is
not applicable on this parcel.
3
S. Whether there are sufficient GMQS allotments for the
proposed development.
Response: There is no quota on the number of GMQS allotments
available for fully deed restricted affordable housing. This
project will need a GMQS exemption by City Council for the
development of fully deed restricted dwelling units.
GMQS Exemption for an Affordable Housing Unit
The applicant is proposing to construct a two bedroom, two bath 960
sq.ft. unit restricted to Category 3 guidelines and a 410 sq.ft.
studio unit restricted to Category 2 guidelines. These units are
voluntarily provided by the applicant. They are not required for
housing mitigation.
Section 8-104 (C) (1) (c) allows City Council to exempt affordable
housing units based on the need for the unit, their compliance with
the adopted housing plan, the type of unit, and the price category
to which the unit will be restricted.
The Planning Office believes that the applicant's request to
construct these two fully deed restricted affordable dwelling units
is consistent with the adopted plans and regulations of the City
of Aspen.
STAFF RECOMMENDATION: The Planning Office recommends approval of
this application subject to the following conditions of approval:
1. A landscaping plan shall be submitted to the Planning
Office and Parks Department for review and approval prior
to issuance of a building permit for the new structure.
Any trees over six inches in diameter require a tree
removal permit and should be detailed on the landscaping
plan. Construction occurring around existing trees
should be protected and no digging in the dripline of the
trees is permitted.
2. The building permit application package shall contain a
letter by a registered engineer that the structure has
been designed to withstand avalanche loads.
3. Cutting into the Ute Avenue pavement for utility
installation shall be kept to a minimum.
4. The applicant shall consult city engineering (920-
5080)for design considerations of development within
public right-of-way, parks department (920-5120) for
vegetation species, and shall obtain permits for any work
or development, including landscaping, within public
rights -of -way from city streets department (920-5130).
x
5. The final development plan shall include a detailed
drawing of the trash area, recycle area, utility meters,
and other utility facilities.
6. The applicant shall sign and record deed restrictions for
each unit, restricting the units as Category 2 for the
studio and Category 3 for the two -bedroom, along with the
other conditions listed in the deed restriction. The
Housing Office must have the recorded book and page
number prior to the issuance of any building permits.
7. All material representations made by the applicant in
the application and during public meetings with the
Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise
amended by other conditions.
RECOMMENDED MOTION: "I move to approve the SPA Amendment to permit
the setback and lot area variances for the two affordable dwelling
units. I further move to recommend approval to Council for the
GMQS Exemption with the conditions recommended in the Planning
Office memo dated March 22, 1994."
EXHIBITS:
"A" - Application Information
"B" - Referral Comments (ACSD, Aspen Fire Protection District,
City Engineer, Housing Office, Parks Department, Water
Department)
Na
CITY OF ASPEN /� 3
.E-APPLICATION CONFERENCE 24ARY EXH 6IZ /1
"" PROJECT •
APPLICANT'S REPRESENTATIVE: -
REPRESENTATIVE IS PHONE:
OWNER'S NAME: �0 11tL
1.
2.
/ SUMMARY G/�l ExPot �? ftFF f�S�—
Type of Application:ii
Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent
Comments
4.
Review is: (P&Z
Only) (CC Only)
P&Z then to CC
5.
Public Hearing:
YES (NO)
6.
Number of copies
of the application
to be submitted:
7.
What fee was applicant
requested to
submit: N '�ISGJ
8.
Anticipated date
of submission:
9.
COMMENTS/UNIQUE
CONCERNS:
frm. pre app
American Land Title Association Commitment - A/ 'fied 10/73 EXHIBIT 2
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subjectto the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of.the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By -Laws This Commitment is effective as of the date shown in Schedule A as "Effective Date."
STEWART TITLE
GUARANTY COMPANY
Chairman of the Boar a3Q: 1� e4, A= President
Countersigned by: ~n'. 19 o 8
A „to
S.:rn /rn .,/ ( u/rnn,'I
I
13
Serial No. C-1601- 261809 1
165
SCHEDULE A
ORDER NUMBER: 00018715C2
1. EFFECTIVE DATE: December 02, 1991 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED:
A. ALTA OWNER ' S POLICY
PROPOSED INSURED: TO BE DETERMINED
B. ALTA LOAN POLICY
PROPOSED INSURED:
C. ALTA LOAN POLICY
PROPOSED INSURED:
D.
TO BE DETERMINED
AMOUNT OF INSURANCE
$ TBD
$ TBD
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
FREDRIC A. BENEDICT, FABIENNE BENEDICT AND BENEDICT LAND AND
CATTLE COMPANY
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lot 16, CALLAHAN SUBDIVISION, according to the recorded Plat
thereof.
County of Pitkin, State of Colorado
OWNERS: TBD
MORTGAGEE: TBD
TAX CERT. $ 10.00
x- I b, . " 0, -"
AUT ORIZED SIGNAT E
STEWART TITLE OF
ASPEN, INC.
602 E. HYMAN
ASPEN, COLORADO 81611
303 925-35 77
FAX 303WT5E1WA1Z9r TITLE
GUARANTY COMPANY
99C
SCHEDULE B - SECTION 1
ORDER NUMBER: 00018715C2
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Release of Deed of Trust dated April 12, 1974, executed by
Fredric A. Benedict, Fabienne Benedict and Benedict Land and
Cattle Company, a Colorado Corporation, to the Public Trustee of
Pitkin County, to secure an indebtedness of $275,000.00, in
favor of First Colorado Corporation, a Colorado Corporation,
recorded April 15, 1974 in Book 286 at Page 93.
2. Evidence satisfactory to Stewart Title Guaranty Company,
rurnzshed Dy the urrzce or the uirector or reinance, (:2ry or
Aspen that the rollowzng taxes nave Deen paid, or that
conveyance is exempt rrom said taxes:
(1) The "Wheeler Real Estate Transfer 1'ax" pursuant urdinance
No. 20 (Series of 1979) and (.el 1'ne "dousing Real Estate
Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
3. Deed from Fredric A. Benedict and Fabienne rsenedict, vesting fee
simple title in purchaser(s).
4. Deed from Benedict Land and Cattle Company, vesting fee simple
title in purchaser(s).
5. Deed of Trust from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
STEWART TITLE
GUARANTY COMPANY
99 C
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00018715C2
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Reservations and exceptions as set forth in Patent recorded June
17, 1949 in Book 175 at Page 246 as Reception No. 96480 which
recites the following: First: That the grant hereby made is
restricted in its exterior limits to the boundaries of the said
mining premises and to any veins or lodes of quartz or other
rock in place bearing gold, silver, cinnabar, lead, tin, copper
or other valuable deposits, which may have been discovered
within said limits subsequent to and which were not known to
exist on the twenty-third day of March A.D. one thousand eight
hundred and eight -five. Second: That should any vein or lode
or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper or other valuable deposits be claimed or known to
exist within the above described premises at said late -named
date, the same is expressly excepted and excluded from these
presents. Third: That the premises hereby conveyed may be
entered by the proprietor of any vein or lode of quartz or other
rock in place bearing gold, silver, cinnarbar, lead, tin,
copper or other valuable deposits, for the purpose of extracting
and removing his ore from such vein or lode, should the same,
or any part thereof, be found to penetrate, intersect, pass
through, or dip into the mining ground or premisrM�"rRT TITLE
Continued on next page GUARANTY COMPANY
99C
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
granted. Fourth: That the premises hereby conveyed shall be
held subject to any vested and accrued water rights for mining,
agricultural, manufacturing, or other purposes, and rights to
ditches and reservoirs, used in connection with such water
rights as may be recognized and acknowledged by local laws,
customs and descisions of courts. Fifth: That in the
Legislation by Congress, the legislation of Colorado may provide
rules for working the mining claim or premises granted
involving easements, drainage and other necessary means to
complete development thereof.
10. Reservation of Utility Easements by Benedict Land and Cattle
Company et. al., as set forth in Deed recorded May 19, 1976 in
Book 312 at Page 177 as Reception No. 183913.
11. Easements and restrictions as shown on Plats of Callahan
Subdivision recorded May 19, 1976 in flat took �p at gage i as
Reception No. 183889, and as amenaea Dy [plat recoraea August li,
1977 in Plat Book b at gage lb as Reception No. lybl4b.
12. Terms, conditions, obligations anti restrictions as set rortn in
Subdivision and Planned Unit Development Agreement recorded May
19, 1976 in Book 312 at Page 110 as Reception No. iuidyu ana as
modified by Notice recorded April 29, 1977 in Book 328 at Page
79 as Reception No. 194018.
13. Easements as set forth in Reciprocal Easement Grant recorded May
19, 1976 in Book 312 at Page 196 as Reception No. 183919.
14. Reservations and restrictions, in regard to roads within
Callahan Subdivision, as set forth in Easement Grant recorded
August 17, 1977 in Book 333 at Page 727 as Reception No. 196750.
15. Terms, conditions, covenants and restrictions as set forth in
Protective Covenants recorded October 17, 1984 in Book 475 at
Page 236 as Reception No. 263351, and Amendment thereto recorded
November 16, 1988 in Book 578 at Page 731 as Reception No.
306054.
16. Easement and right of way for fire access, utility service,
maintenance, and repair as granted to The City of Aspen by
Fredric A. Benedict, Fabienne Benedict and Benedict Land and
Cattle Company in the instrument recorded May 19, 1976 in Book
312 at Page 154 as Reception No. 183907, affecting the following
described property: A strip of land situated in the NW 114 SE
114 in Section 18, Township 10 South, Range 84 West of the 6th
Continued on next page
STEWART TITLE
GUARANTY COMPANY
99C
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
P.M.
17. Easement and right of way to construct, repair and maintain a
sewer line as granted to Benedict Land and Cattle Company,
Fredric A. Benedict and Fabienne Benedict by The City of Aspen
in the instrument recorded May 19, 1976 in Book 312 at Page 158
as Reception No. 183910, affecting the following described
property: A parcel of land situated in the East 112 of Section
18, Township 10 South, Range 84 West of the 6th P.M.
18. Easement and right of way for access as granted to Robert S.
Goldsamt by Fredric A. Benedict, Fabienne Benedict and Benedict
Land and Cattle Company in the instrument recorded May 19, 1976
in Book 312 at Page 200 as Reception No. 183920, affecting the
following described property: Parcel of land situated in the NW
114 SE 114 of Section 18, Township 10 South, Range 84 West of
the 6th P.M.
19. Easement and right of way for a recreational trail as granted to
The Board of County Commissioners of Pitkin County by Fredric
A. Benedict, Fabienne Benedict and Benedict Land and Cattle
Company in the instrument recorded September 25, 1975 in Book
t303 at Page 452 as Reception No. 178013.
20. Any lien that may attach upon vesting of title in the party
to be insured.
NOTE: Stewart Title of Aspen, and/or Stewart Title Guaranty
Company neither assume, nor will be charged with any liability
under this Committment until such time as the name of the
proposed insured and the amount of insurance are made known
to the Title Company.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1990 Policy
form. Copies of the 1990 form Policy Jacket, setting forth said
Continued on next page
STEWART TITLE
GUARANTY COMPANY
99C
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
terms, conditions and exclusions, will be made available upon
request.
STIF, WART TITLE
GUARANTY COMPANY
99C
BENED— LAND & CATTLE COMPANY
EXHIBIT 3
1280 UTE AVENUE
ASPEN 81611
COLORADO
(303) 925-3481
PEjE,r Loorarr,
1 uth Nountain Division Hut Association
1280 Ute Avenue
Aspen, Colorado 8 1611
Dear Mr Looram,
As owners of the Benedict office building property, located at
1 280 Ute Avenue, Aspen, Colorado. I give the 10th Mountain
Division Hut Association authority to apply for the approval to
construct a building for use by 10th Mountain and its
employees.
Sincerely,
,
Frig and Fabi Benedict
EN'�D/C7" L.4�%D r
FR�Df?/G /3ENED/CT �f2Es.
r-hI? [ C n/NE t3.E CZ > / GT -5 E � r2E7-AAY
(e - /a, 15'y
let
EXHIBIT 4
i z.8o Ute Avenue • Aspen, Colorado 8 j 61 r
303/92-5-5775 R 1: S F R V A T I 0 N S- 303/92-5-45 54 0 F F I C F. • 303/9--5-53 1 7 FA N
December 9, 1 uy�
Benny Vann
.Vann Associates
2130 East Hopkins Avenue
Aspen, Colorado 81611
Dear Mr Vann,
The purpose of this letter is to give you the authority to represent the l Oth
Mountain Division Hut Association in its application for permission to
construct a building for use by 1 Oth Mountain and its employees to be
located on property currently owned by Mr. and Mrs. Fritz Benedict.
5�nc ely,
Peter Looram
Executive Director
EXHIBIT 10
ARTHUR I. MEARS, P.E., INC.
Natural Hazards Consultants
222 Fart Gothic Ave.
Gunnison, Colorado 81230
303 - 641.3236
July 29,1993
Mr. Dave Schweppe
loth Mountain
1280 Ute Ave.
Aspen, CO 81611
RE: Proposed building, SE Corner of Lot 16, Callihan Subdivision, Aspen.
Dear Mr. Schweppe:
This letter provides my opinion about the feasibility of building a house or other building
designed to resist avalanche loads at the above address. The site is located at the edge of the
runout zone of the "Ute Trail" avalanche path and will be reached by powder blast and light
flowing snow and entrained debris during design magnitude "100—year" return period
conditions.
I have not completed the required analysis to determine the design avalanche energy and
velocity at the building site, however, based on my experience at numerous other sites in
North America, I feel building at this location would be feasible for the following reasons:
a. Avalanche velocity and energy are small at this site;
b. Avalanche —induced static and dynamics loads would also be small;
c. Structural reinforcement of the building would be required, but could easily be
designed to accommodate the loads; and
d. Because avalanche frequency at this location is small (avalanches have never been
observed at this site), the exposure of people would present a small risk.
Please contact me if you have any questions.
Sincerely,
C
Arthur I. Mears, P.E.
Avalanche —control engineer
Encl.
Mau Wasting • Avalanches • Avalanche Control Engineering
PUBLIC NOTICE
RE: TENTH MOUNTAIN DIVISION HUT ASSOCIATION/POWDER HOUSE
CONDOMINIUMS FINAL SPA DEVELOPMENT PLAN AMENDMENT AND GMQS
EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the Tenth Mountain Division Hut Association on behalf
of Fredric and Fabienne Benedict and the Benedict Land and Cattle
Company, 1280 Ute Avenue, Aspen, CO, requesting approval of an
amendment to the Final SPA Development Plan and GMQS Exemption for
two affordable housing units. The property is located at 1280 Ute
Avenue; Lot 16, Callahan Subdivision. For further information,
contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S.
Galena, Aspen, CO 920-5106
J Bruce Kerr, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on February 11, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
iSPEN/PITKIN PLANNING OFF
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX/# (303) 920-5197
January 28, 1994
Sunny Vann
Vann Associates
230 E. Hopkins
Aspen, CO 81611
Re: loth Mountain Division Hut Association/Powder House Condominiums Final SPA
Development Plan Amendment and GMQS Exemption
Case A3-94
Dear Sunny,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920-
5106.
Sincerely,
Su Yhe L. Wolff
Administrative Assistant
apz.ph
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Housing Director
Aspen Water Department
Electric Department
Parks Department
Streets Department
Aspen Consolidated Sanitation District
Aspen Fire Protection District
FROM: Mary Lackner, Planning Office
RE: loth Mountain Division Hut Association/Powder House Condominiums Final
SPA Development Plan Amendment & GMQS Exemption
Parcel ID No. 2737-181-32-020
DATE: January 28, 1994
Attached for your review and comments is an application submitted by the loth Mountain
Division Hut Association.
Please return your comments to me no later than February 15.
Thank you.
MESSAGE DISPLAY
TO MARY LACKNER
From: Bill Earley
Postmark: Jan 31,94 11:39 AM
Status: Previously read
Subject: LOTH MOUNTAIN DIVISION HUT ASSOCIATION
Message:
THIS PROJECT IS NOT IN MY ELECTRIC
COMMENTS ON THIS PROJECT. THANKS.
ASSOCIATION FOR THEIR COMMENTS.
SERVICE AREA. THEREFORE I HAVE NO
YOU CAN CONTACT HOLY CROSS ELECTRIC
TELEDYNE POST N39294
13 -3-� �T- a
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FINAL SPA DEVELOPMENT PLAN
D1'01\A/I1CD I..IP11 ICG rY'1KIIlnAA1K111 IAAC
0 10 20 \ /
SCALE : III= 20' p \�
E�A515 OF P�,ARINb FOUND MONUMENT5 A5 SHOWN / �/� (FORMERLY BE (MEDIC T OFNC E BWLMNG , SITUATED
ON LOOT 16, CALLAN SUBDMISION , CITY OF ASPEN,
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LEGAL DESCRIPTION
LOT Iles, CALLAHAN S0B0IV1510N, CITY OF A5PF=_N, COLORACO,
ACCORDING TD THE PLATMEK-roOF RECORDED MAY 1`I, 197(. IN
PLAT 500K 5 AT PPGi= 7, izFX_-E'PTION N�- 103089 OF THE OFFICE
Cf THE GLF�KK t RECORDER aF PITKIN COUNTY, COLOKAPO
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT TH15 MAP /'GCURATELY DEPICTS A
5URVEY MADE UNDER MY 5UPERV15ION OF FbWDER HOUSE
MNMMINIUM5, CITY CF ASPEN, GOLo"M
ALPINE 5URVEYS, INC. PAY
LwTE'__.__ -i.---'-------- __ JAMES F RESER, L.5. 9184
CITY COUNCIL APPROVAL
SPA DEVELOPMENT WA5 OU
APP� ITY DY [-HE CNCIL OF
A5F' N, ODLORAM ON THE CA( OF—
l9qBY�DI a'f
CITY OF A5PEN ' ATTE5T
JOW 5. aB\JNETT, MAYOR CITY G RK
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PLANNING DIRECTOR'S APPROVAL
TH15 FINAL 5PA DEVELOPMENT PLAN FOR RDWDER HDU5E \ I \ -1°
ca,IMMIN1UM5, 15 APPROVED TH15.A_DAY OF,AAlklfl/
1994, DY THE PLANNING DIRECTOR FOR THE CITY OF ASPEN,
COLOKADO. \,
PLANNING DIRECTOR
CITY ENGINEER'S APPROVAL
TH15 FINAL 5 PA DEVELOPMENT PLAN FOR RgWD HOUSE
a)NmliNIUH5, 15 APPROVED TH15 G7�DATOF •' —,
1994, DY THE ENGINEER FOR THE CITY OF ASPEN, COLORADO.
CITY ENGINEER
�\ o \
NOTES
I. THE PROPERTY DE5CRIP?ED HEREON 15 5UF_�J5GTTO
ALL APPLICADLE RMUI KEMENTS CF THE RR, RURAL
Rt=51 DENTIAL, ZONE D15TR ICT. PUR5UANT TO CIT'T'
ODJ —I L GKDI NANCE No 25 - 93 AND A5f EN CITY
COUNCIL RE�50LUTION Nb. 61 5ERIE5 OF M-I` . L1)51NE55
AND PROFE551"L OPFICE5 ARE U5E5 PERMITTED
6YRIGHT WITHINI THE PUILDING DEPICTED HEREON.
2. THE PROrEKTY pE!RIBED HEREON 15 _c Pz ECT
TO A 5PECIALLY PLANNED AREA DEVELOPMENT
AGREEfIE,j�LWHICH 15 RECORDED IN &�K._�
AT PPGE —, IN THE CFFiGE CF THE PITKIN
CoLNITY GLEI;K f RECORDER.
3. EA5EMENT5 OF RECORD ARE DEPICTED HE�-
SEE STEWAFT TITLE c-F A5PEN, INC 07DER NO.
00018715C2 FOR OTHER MATTER5 PEP.MNING TO
TH15 PROFffM
4. (rNTROL FCC TH15 SURVEY CL05E5 P5ETTER
THAN ONE PART IN TEN T?-IDUSAND.
I • • I
`C
CLERK & RECORDER'S ACCEPTANCE
TH15 FINAL 5 P A DEVELOPMENT PLAN FOR R7vVDENOUSE
CON M I NIUM 5 l5 AC.Cf=P FED Fi7R RECORDING TH 15 LAY
OF , I`194 IN PLAT Pa0OKJ3___ AT PAGEIL
A5 RECEPr N No.
CLERK i' RECORDER
PITK(N COUNTY, COLORADO
OWNER'S CERTIFICATE
THE UNDER5IGNED, BEING OWNERS Cf OZINR" vIINIUM
UNIT5 IN FOWDER I-lOU5E G-I\)M✓IINIUH5, ACCORDING
To THE ODNIDOt-11N1 UM MAP THEREOF RECORDED
DECENIF ER 14, 1cl93 N PLAT DOOK 33 AT PAGE 40 IN THE
iZE D5 CF THE OFFICE CF THE CLERK { RECORDER OF
PITKIN COLI,IT`(, coLORAM, AND A5 DEFINED AND
DE50:�IDED IN THE 0CN`D0HINIUP1 DECLARATION FOR
ROWDER HOUSE COH'POHINIUM5 RECORDED DECEMDW
A/ 1993 IN PX70K 734 AT PAGE 768 GF -`AID RECORD5
(FORMERLY KNOWN A5 THE f�;ENEDICT OFFICE BUILDING,
51TUATED CN LOT I6,, CALLAHAN 5UDDIV151ON, CITY
OF ASPEN, COLORADO)/ Toc =THEK WITH THE
REMAINIt-,)G OI/NER5 AND MORTGAGI=ES OF
a Dt\IMI"IINIUr-j UNIT5 IN R7WDER HOUSE 03NMH1NIUM5,
HEREDY ACOPT AND APPMVE TH 15 FINAL 5 P A
DEVELOPMENT PLAN FOR 5AI D PPOPERT C
FFEDRIC A. BENEDIGT l
FADIENNE DENEDICT
BENEDICT LAND AND CATTLE COMPANY,
A COLORADD COR NATION .
'it CZ 2�.or-.�sd
Ps(l FREDRIC A. LENEDICT, FR'E5IDEN I
STATE OF COLORADO 5.5.
COUNTY CF PITKI N
THE FOREGOING IN5TRUNIENT WA5 ACKNOWLEr_-�GED
!?EFORE HE THI5_,A�CK OF
n94, 6i FREDRIC A DEN)EO CT AND PAD ENNE
6ENEDICT AND 6Y fREDRIC A. 6ENEDICT A5 PRE5IDENT
CF E'�ENEDICT LAND AND CATTLE COMPANY
WITNE55 MY HAND AND OFFI IAL 5EAL.
MY CnMA-
M I55ION 1=XPIFED:
i FK�
NOTAI;Y PUP�L1
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you first discover such defect.
In no event may any action based upon any detect in this survey be commenced
more than ten years from the date of the certification shown hereon.
Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 11.0 1991 Revisions 12.27,51 Lc --ATE EASEMENTS � RIVER Title 5 P A DEVELOPMENT PLAN Job No ` I -01
Drafted 12 1 19 9/ PER CALLAHANI 5UBDIV1510N PLAT Client FOWPEKHOUSE
REVI510N5° 12 2 93 6.2D'93 :5 PA DEVELOPMENT PLAN ENTEKPROE5
12 9'93
t.6.94 21'93
I • l0 94 Io 25'93 8 28 -42 A