HomeMy WebLinkAboutLand Use Case.905 Chatfield Rd.0002.2018.ASLUCITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Simon DATE: August 28, 2017
PROJECT: 905 Chatfield
REPRESENTATIVE: CCY
DESCRIPTION:
The applicant requests an administrative determination regarding the pre-development topography
on the subject site. The property currently contains an older single family home and it appears that
significant re-grading has taken place on the site at some time in the past. This man-made grade
could negatively affect the calculation of allowed floor area and height.
In order to establish an agreed upon interpolated grade, which will then be considered “natural
grade,” a land use application must be submitted for consideration by the Community Development
Director. Essential to the application is evidence of the pre-development topography. The following
language from the land use code (26.575) describes the review process:
“In instances where the natural grade of a property has been affected by prior development activity, the
Community Development Director may accept an estimation of pre-development topography prepared by
a registered land surveyor or civil engineer. The Director may require additional historical documentation,
technical studies, reports, or other information to verif y a pre-development topography.”
The submitted materials will be additionally be evaluated by the City of Aspen Engineering
Department
Below are links to the Land Use Application form and Land Use Code.
Land Use Application:
http://www.aspenpitkin.com/Portals/0/docs/businessnav/ApprovaltoDevelop/Land%20Use%20
Application.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-
26-Land-Use-Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.575.020 Calculations and Measurements, Measuring Net Lot Area/Height
Review by: Staff for complete application and determination
Planning Fees: $650 – for two hours of Staff Review time.
Referral Fees: Engineering – $325 for one hour of review time
Total Deposit: $975 (additional/lesser planning hours are billed/refunded at a rate of
$325/hour; additional engineering hours over deposit are billed at a rate of $325/hour)
To apply, submit one copy of the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, or attorney licensed to practice in the State
of Colorado, listing the names of all owners of the property, and all mortgages, judgments,
liens, easements, contracts and agreements affecting the parcel, and demonstrating the
owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that states
the name, address and telephone number of the representative authorized to act on behalf of
the applicant.
HOA Compliance form (Attached)
A proposed survey from a registered surveyor or civil engineer
Historical documentation, technical studies (such as a soil study), surveys, spot elevations, site
sections, maps and other information sufficient to verify the pre -development topography.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Once the application is deemed complete by staff, the following items will then need to be
submitted:
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create
a legal or vested right.
Homeowner Association Compliance Policy
All land use apptications within the City of Aspen are required to tndude a Homeoi.Nner
Association Compli:ance Form (this form) certifying the scope of work included! in the land use
application compiles with all applicable covenants and homeowner association policies. Tile
certification must: be signed b1t the propert1l owner or Attomev representina the prooerty
owner.
Property
Owner ("I"):
Name: Bill & Karyn Silverstein
Email bsilverstein@mainholdinqsllc.com
Address of 905 Chatfield Rd.
Property: Aspen, co 81611
(subject of
application)
I certify as follmvs~ick one)
Phone No.: 773-505-0807
0 This property is not subject to a l!Qw~ association or other form of private
covenant.
D This property is subject to a b~ association or private covenant and ttrn
improvements proposed in this land use application do not require approval by the
homeovmers association or covenant beneficiary_
D This property is subject to a hQ~ association or priivate covenant and the
improvements prnposed in this land use applicaUon have been approved by the
homeovmers association or oovenant beneficiary_ Evidence of approval is attached_
I understand this policy and I understand the City of Aspen does not interpret, enforce, or
manage the applicability, meanin or effect of private covenants or !homeowner association
rules or byJaw-s. I understand th.is document is a public document
€.~~~ei~~§Ji~~-~) ~ 121412011
owner printed name: Bill & Karyn Silverstein
or,
Attorney signature:
Attorney printed name:
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN
Agreement to Pay Application Fees
An agreement between the City of Aspen {"City") and
Property
Owner {"I"): Bill & Karyn Silverstein
Address of
Property:
{Subject of
application)
905 Chatfield Rd.
Aspen, CO 81611
Phone No.: 773-505-0807
Email: bsilverstein@mainholdingsllc.com
Billing
Address: 1569 Forest
(send bills here) Highland Park, IL 60035
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment
of these fees is a condition precedent to determining application completeness. I understand that as the property owner that
I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. _____ flat fee for _______ _ $. _____ flat fee for------------
$. _____ flat fee for _______ _ $. ______ flat fee for------------
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understa'nd and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ 650 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 325 deposit for 1 hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $ __ Received $ __ _
March, 2017 City of Apen I 130 S. Galena St. I (970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2017 City of Apen|130 S. Galena St.|(970) 920 5090
ATTACHMENT 2 – LAND USE APPLICATION
PROJECT:
Name: _______________________________________________________________________________________________
Location:_______________________________________________________________________________________________
Parcel ID # (REQUIRED)
APPLICANT:
Name: _______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #:
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#:
TYPE OF APPLICATION: (Please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ ______________
Pre‐Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3‐D Model for large project
All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3‐D model. Your pre‐application conference
summary will indicate if you must submit a 3‐D model.
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)
Special Review Subdivision
Conceptual SPA
ESA – 8040 Greenline, Stream Subdivision Exemption (includes
Margin, Hallam Lake Bluff, Condominiumization)
Mountain View Plane Final SPA (&SPA
Commercial Design Review Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use Other:
To Bill & Karyn Silverstein
FR o M CCY Architects
DATE 2017.11.29
SUBJECT Owner Authorization Form (City of Aspen)
CCYARCHITECTS
This Form provides the opportunity for the property owner to designate a representative to
process an application.
I, lf'.ll1~![j:b
(Property Owner)
905 Chatfield Rd.
Aspen, CO 81611
have appointed:
of the County of __.~_(---'-fh_r"l..:.,__ ___ State of _{.;;....'Z)_· ___ _
CCV Architects; Rich Carr, Gage Reese, Katie Bauer
228 Midland Ave Box 529
Basalt CO 81621
970-927-4925
to be my true and lawful representatives to ad in my name and in my stead and on my behalf in
connection with any action necessary in order to apply for applications within the City of Aspen.
On a certain real property described as follows:
905 Ch
Aspen,
COTTLE CARR YAW 228 Midland Ave Box 529 Basalt CO 81621 970 927 4925 www.ccyarchitects.com
Form 5011000 (6-22-10) Page 1 of 2 ALTA Plain Language Commitment (6-17-06)
Title Insurance Commitment
ISSUED BY
First American Title Insurance Company
Commitment
INFORMATION
The Title Insurance Commitment is a legal contract between you and the
Company. It is issued to show the basis on which we will issue a Title
Insurance Policy to you. The Policy will insure you against certain risks to the
land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or you as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at http://www.alta.org/.
The Commitment is based on the land title as of the Commitment Date. Any
changes in the land title or the transaction may affect the Commitment and
the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE
COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY
CAREFULLY.
If you have any questions about the Commitment, contact:
FIRST AMERICAN TITLE INSURANCE COMPANY
1 First American Way, Santa Ana, California 92707
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY 1
CONDITIONS 2
SCHEDULE A Insert
1. Commitment Date
2. Policies to be Issued, Amounts
and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-I - REQUIREMENTS Insert
SCHEDULE B-II - EXCEPTIONS Insert
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A,
this Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also,
our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
(This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
[[
Form 5011000 (6-22-10) Page 2 of 2 ALTA Plain Language Commitment (6-17-06)
CONDITIONS
1.DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records
that give constructive notice of matters affecting your title according to the state statutes where your land is
located.
2.LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear
for the first time in the public records or are created or attached between the Commitment Date and the date on which
all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this
amendment.
3.EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4.LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.
If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited
to your actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is
subject to the terms of the Policy form to be issued to you.
5.CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
17003859
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 17003859
SCHEDULE A
1. Effective Date: December 22, 2017 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A.ALTA Owners Policy (06/17/06)$0.00 $375.00
Proposed Insured:TBD
Certificate of Taxes Due $0.00
Endorsements:
Additional Charges:$0
Total $375.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. Title to the Fee simple or interest in the land is at the Effective Date vested in:
Karyn Silverstein and William Silverstein
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 905 Chatfield Road, Aspen, CO 81611.
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter VanAlstine
Authorized Officer or Agent
FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT:
Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970
925-7328, Fax: 970 925-7348.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
17003859
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 17003859
SCHEDULE B
1. Requirements:
1.Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2.Pay us the premiums, fees and charges for the policy.
3.Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded.
4.You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions.
5.Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due
and payable.
6.A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an
authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122).
7.Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against
any unfiled materialmen's or mechanic's liens.
8.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Karyn Silverstein and William Silverstein to TBD, the proposed insured, Schedule A, item 2A. NOTE:
C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same
as the property address) be included on the face of the Deed to be recorded.
9.Release of the Deed of Trust from Karyn Silverstein and William Silverstein, as Joint Tenants with Right of
Survivorship, to the Public Trustee of Pitkin County for the benefit of JPMorgan Chase Bank, N.A., to secure an
indebtedness in the principal sum of $3,392,047.00, and any other amounts and/obligations secured thereby,
dated December 9, 2014, and recorded December 16, 2014, as Reception No. 616060.
10.Additional Requirements may be included once the name of the Buyer is provided.
11.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby.
12.This Title Commitment is subject to underwriter approval.
2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 17003859
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
17003859
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 Land would disclose, and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5.Any and all unpaid taxes, assessments and unredeemed tax sales.
6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
7.Taxes and assessments for the year 2017, and subsequent years, a lien not yet due or payable.
8.Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in the United States Patent recorded February 8,
1955, in Book 180 at Page 334, as Reception No. 102086.
9.Terms, conditions, provisions, agreements and obligations specified under the Articles of Incorporation of West
Aspen Home Owners Association dated February 26, 1968, and recorded March 6, 1968, in Book 233 at Page
496, as Reception No. 130362, and Certificate of Suspension, dated November 20, 1992, and recorded August 4,
1994, in Book 757 at Page 546, as Reception No. 372817.
10.Terms, conditions, provisions, agreements and obligations specified under the West Aspen Subdivision, Filing No.
2 and West Aspen Subdivision, Filing No. 3, dated September 3, 1968, and recorded September 4, 1968, in Book
236 at Page 159, as Reception No. 132137, and Consent to vest the powers and authority of the Architectural
Committee of West Aspen Subdivision, recorded April 9, 1975, in Book 297 at Page 784, as Reception No.
174145.
11.Any and all notes, easements and recitals as disclosed on the recorded West Aspen Subdivision Filing No. 3 Plat
recorded September 4, 1968, in Plat Book 3 at Page 309, as Reception No. 132136.
12.Terms, conditions, provisions, agreements and obligations specified under Ordinance No. 14, Series of 1971,
recorded June 2, 1971, in Book 255 at Page 661, as Reception No. 145901, and West Aspen Subdivision Filing
No. 3 Annexation Plat, recorded June 2, 1971, in Plat Book 4 at Page 197, as Reception No. 145900.
13.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
ALTA Commitment 17003859
Exhibit A
First American Title Insurance Co.
Commitment No.: 17003859
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
Lot 4, WEST ASPEN SUBDIVISION, FILING NO. 3, according to the Plat thereof recorded in Plat Book 3 at Page 309, as
Reception No. 132136, Pitkin County, Colorado.
First American Title Insurance Company
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall
contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and
Recorder will refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with
the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible
to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the
title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance
company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s
policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction
which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance
contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation
from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or
instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special
districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk
and Recorder, or the County Assessor.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed
from the surface estate and that there is a substantial likelihood that a third party holds some or all
interest in oil, gas, other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner’s
permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s
lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B,
Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following
conditions:
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for
the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment
from the Owner’s Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic’s and material-men’s liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information as
to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed
Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for
or agreed to pay.
First American Title Insurance Company
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for
immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document
presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or
grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or
agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with
regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of
insurance within the department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the
commitment.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless
the above conditions are fully satisfied.
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
Project : 17007 Silverstein Residence
Address : 905 Chatfield Road, Aspen, CO 81611
Updated : 12/19/2017
RE : Summary for Pre-Development Grade Application
Existing Site Summary
The property address for this pre-development grade application is located at 905 Chatfield Road
in Aspen Colorado. The property has an existing residence that will require demolition to build a new
single-family residence.
Please refer to the existing site survey prepared by High Country Engineering, Inc. of Glenwood
Springs for a description of the current site topography and existing house, terrace and walkway
locations. This is page 7 of the application.
Reason for Pre-Development Grade Application
The purpose of the application is to request the use of the pre-development topography due to
the manipulation and retaining of natural grade in the middle of the property approximately between
contours 7822’ and 7833’.
This manipulation and retaining of the natural grade between these contours has resulted in a site
topography that is lower and flatter than what was naturally present previous to the development of the
current structure on the property.
The property is a naturally benched topography but the further lowering of the grade and retaining
in the middle of the site has made the benched aspect of the topography more extreme and has created a
development hardship that limits the placement and configuration of a new structure. This is most
relevant in regards to meeting the 25’ height limit requirements for this property.
The existing survey illustrates this flattening of the middle of the site for the placement of the
existing structure, hot tub and outdoor concrete terrace area. This has been achieved by cutting the
grade starting at approximately contour 7822’ on the west side of parcel back to contour 7832’ or 7833’
where two curved retaining walls hold up grade on the east portion of the parcel. There is also a series of
retaining walls on the south side of the existing garage that retain grade in a similar way.
Supporting Documents for Application
In addition to the existing site survey is a historical photograph showing the property prior to any
development obtained from the City of Aspen Engineering Department and dated 1974 (page 10 of the
application submittal). This photograph shows the natural topography and natural benching of the site.
A second historical photograph provided by the City of Aspen Engineering Department and dated
1979 (page 12 of the application) illustrates the site after development and the construction of the existing
residence. This photograph also shows the retaining walls referenced in the above description.
Page 14 of the application is an enlarged view of the post-development parcel with the retaining
walls and extent of manipulated contours identified showing the flattened or lowered portion of the site.
This is further overlaid and identified on the existing survey on page 15 of the application.
Page 8 of the application is an interpolated topographic survey prepared by High Country
Engineering, Inc. of Glenwood Springs illustrating what would have been the natural topography of the
parcel prior to the development of the existing structure, retaining walls, hot tub and concrete terrace
area.
In our opinion this interpolated topographic survey more accurately represents the natural
topography of the property and the surrounding area and the purpose of this application is too request
that this pre-development survey be the basis for the calculations and measurement standards related to
the development of the parcel.
Gage Reese, CCY Architects
1 inch = 893.86 feet /0 12562.5
Feet
9/6/2017 4:33:46 PM W:\BasicMap.mxd
This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copyright 2015 City of Aspen GIS
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1968
1 inch = 89.39 feet /0 12562.5
Feet
9/6/2017 4:22:00 PM W:\BasicMap.mxd
This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copyright 2015 City of Aspen GIS
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1974
1 inch = 89.39 feet /0 12562.5
Feet
9/6/2017 4:22:00 PM W:\BasicMap.mxd
This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copyright 2015 City of Aspen GIS
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1974
Approx. site location
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1 inch = 89.39 feet /0 12562.5
Feet
9/6/2017 4:24:00 PM W:\BasicMap.mxd
This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copyright 2015 City of Aspen GIS
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1979
1 inch = 89.39 feet /0 12562.5
Feet
9/6/2017 4:24:00 PM W:\BasicMap.mxd
This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copyright 2015 City of Aspen GIS
Chatfi
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.
Hom
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Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1979
Approx. site location
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1979
Provided by City of Aspen GIS
via Engineering Department
Date of Map: 1979Chatfi
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.
Hom
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Extent of manipulated
developed grade. See
existing retaining walls
and site contour 7832’.
Extent of manipulated
developed grade. See
existing site contour 7822’.
Existing terrace on lowered
grade approximately at site
contour 7822’.
Existing retaining walls.
Existing retaining walls.
Retaining walls. See
existing survey.
Extent of manipulated
developed grade.
Contour at existing terrace.
Retaining walls.
Extent of manipulated
developed grade.
Retaining wall. 782278327822
905 Chatfield Rd.
Aspen, CO 81611
905 Chatfield Rd.
Aspen, CO 81611