HomeMy WebLinkAboutLand Use Case.437 W Bleeker St.0040.2008.ASLU,„
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
0040.2008.ASLU
2735 124 42 007
~~BLEEKER STREET, LLP
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
ANDREA HINGLEY
ADMIN DESIGN REVIEW VARIANCE
MITCH HASS
10/23/2008
CLOSED BY Angela Scorey on 03/18/2009
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Last None JM7 BLEEKE0. STREET LLP J Fist Nano ~ 93205CEOLA AVE
Phote ~ Cush 25534 _, JACKSONVILLE BEACH FL 32280
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LAND USE APPLICATION
APPLICANT:
Name: JNM Bleeker Strcet, LLP
Lax ation: Lot 1, McGutvey Subdivision 'fl3ll Illeukcm Strcet; soulha{sl comer of 4°i d Blcekcv Streets
(Indicate street address, lot k bhwk number, legal description where appropriate)
Purnl /D q (NEQU/RFD/ 2735-124-42-007
KEPRh:SF.N'1'A'rl\'E:
'Fame: Mitch Haas/Haas Lend Planning. LLC'
Address: 201 N. Mill Street, Suite I OR: Aspen, C'O 8161 1
Phone #: (970) 925-7819
PROD EC"I':
Hama Lol I, McGarvcv Subdivision
Address: 1'BD Blceker Slrect. Aspen. C'O 81611
Phone #: (970) 925-7819
Tl'PE OF APPLICATION: (please check all that apply):
^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Dcvt.
^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic llevelupmcut
^ Design Review Appea] ^ Conceptual SPA ^ Minor Historic Devt.
^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition
^ GMQS Exemption ^ Subdivision ^ Historic Designation
^ GSA 5040 (irtx;nlu~c, Strwm ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mounlein View Plane
^ I,ot Split ^ I impurary t Ise 0 Administrative Ucsign
Review Variance
KRIS"PING CONDrfIONS: (tlcscriptiun of existing buildings, uses, provious approvals, etc.)
Vacant 7,~OOsf lot with vcyy large taws along/itvsidc its perimeter; pk;tsc refer to the submitted letter of request
attd plans.
PROPOSAL: (description of proposed buildings, uses, nuxlitiruians, etc.)
A dclachcd single-family residence with a panial variance Gom the "Inllectiun" requirement of the ltesidumial
Design Standards: lease Teter to submitted leua ollcyucst.
(lave you attached the following? FEES DuE: 'F 73$.1N)
[~7 1're-Application Conference Swnmary
Attachment #I. Signal Fu: Agnxmcn[
Response to Attachment k3. Dimensional Rrquirematts form
Response to Attachment ;t4, Submittal Requircmaus- Including Written Responses to Review Standards
All plans that arc lurger than B.5" x 11" must Ix folded and a noppy disk with an electronic copy of all written text (Microsoft
Word FormaQ nmsl he submitted as part or the nppliculism.
,.,
P:nctl Delail'
Proof of Ownership
Pitkin County Assessor/Treasurer
Parcel Detail Information
Assessor/Treasurer Property Search ~ Assessor Subset Ouerv ~ Assessor Sales Search
Clerk & Recorder Reception Search
Basic Building Characteristics ~ Tax Information
Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail
Land Detail ~ Phototr~anhs
Tax Area Account Number Parcel Number 2007 Mill Levy
001 ~ R019406 ~ 273512442007 29.317
Owner Name and Address
(JNM BLEEKER STREET LLP
C/O LARRY SALITERMAN
603 S GARMISCH ST
ASPEN. CO 8161 I
Legal Description
B:MCGARVEY LOT:I
Location
Physical Address: 437 W BLEEKER ST ASPEN
Subdivision: MCGARVEY
Land Acres: I
---_ --
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Land Sq Ft: x,500
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2008 Property Tax Valuation Information
1 Actual Value Assessed Value
Land:, ~ 2,772,000 803,880
Improvements: ~- 0 ~ 0
Total: ~- 2.772,000 803,880
I Sale Date:
Sale Price:
Basic Building Characteristics
Number of Residential 0
Buildings:
Number of Comm/Ind 0
Buildings:
No Building Records Found
Tax Information
Tax Year Transaction Type ~ Amount
2004 ~ "fax Amount 54,900.20
2004 Tax Payment. Whole ($4,900.20)
2005 "I'ax Amount ~ SS,449.26
2005 I Tax Payment: Whole ~ (55,449?6)
2006 Tax Amount I $ 15,470.00
2006 Tax Payment Whole ($IS.470.00)
2007 "fax Amount ( S6,657.88
2007 Tax Abatement ~ $16009.48
2007 Tax Payment: Whole r ($6,bS7.88)
2007 ( Interest Payment ~ ($ 169.09)
2007 Interest Charge S 169.09
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\ Authorization for
Representative
September 23, 2008
JNM Bleeker Street, LLP
c/o Mr. Larry Saliterman
603 S. Garmisch Street
Aspen, CO 81611
(970)925-2626
Aspen Community Development Department
130 South Galena Street
Aspen, CO 8l 611-1975
Re: Lot 1, McGarvey Subdivision -Residential Design Variance
To whom it may concern:
I hereby authorize Haas Land Planning, LLC', to act as my representative with
respect to the above-referenced application being submitted to your office for the
property located at the TBD Bleeker Street (southeast wrner of 4`" and Bleeker Streets;
Lot ], McGarvey Subdivision; Parcel ID 2735-124-42-007). Haas Land Planning, LLC,
or their assigns, are authorized to represent me in meetings with City staff, boards,
commissions, and the City Council.
Should you have any need to contact me during the course of your review, please
do so through Ilaas Land Placming, LLC.
Sincerely,
_~
- --- -.
--' arry Sah e ,Managing Partner
JNM Bleeker Street, LLP
Agreement for Payment
Form
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Pavmenl of City of +spen Development lpplicadon Fees
C'I7Y OP ASP[iN (hereinafter CITY) and _ JNM BLeckcr Street, LLP
(hereinafter APPL(CAN"1') AGRLE AS FOLLU\4'S:
1. APPLICANT has submitted to CITY an application for
Administrative Variance from Section 26.410 040(E)(2)
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT' mid ClT']' ay~ec drat because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree [hat it is in the interest of the parties [hat APPLICANT
make payment of an initial deposit and to [hereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following they hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the (.'ITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the grc;der certainty of recovering its full costs [o process
APPLICANT'S application.
4. CITY and APPLICANT further agree [ha[ it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable [he
Planning Commission and/or City Council to make legally required Endings for project consideration,
unless current billings are paid in full prior to decision.
5. ilrerefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLIC:INT' shall pay an initial
deposit in the amount of $ 735.00 which is for hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY [o reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $225.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
g: \s uppor[\forms\agrp ay as.doc
APPLI~. ~ ~~ji
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Bilhng Address and 'telephone Number:
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October 23, 2008
Mitch Haas, AICP
Haas Land Planning, LLC
201 N. Mill Street, Suite 108
Aspen, CO 81611 THE CITY OF ASPEN
Re: 41h &Bleeker Street (UPI#: 2735-124-42-007)
Dear Mitch,
The Community Development department has reviewed the land use application for an
Administrative Variance to the Residential Design Standards for inflection at 4~' and Bleeker Street.
The design presented does not meet the Inflection standard of section 26.410.040.E.1 of the Land
Use Code, which states;
A one-story building shall be defined as follows: Aone-story building shall mean a structure
or portion of a structure, where there is only one (1) floor of fully usable living space, at least
twelve (12) feet wide across the street frontage. This standard shall be met by providing a
one-story element which is also at least twelve (12) feet wide across the street frontage and
one (1) story tall as far back alongthe common lot line as the adjacent building is one (1)
story.
An Administrative Variance shall demonstrate that if granted the designs meet the following criteria;
a. Provide an appropriate design or pattern of development considering the context in which
the development is proposed and the purpose of the .particular standard. In evaluating the
context as it is used in the criteria, the director may consider the relationship of the proposed
development with adjacent structures, the immediate neighborhood setting or a broader
vicinity as the director feels is necessary to determine if the exception is warranted; or
b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
The proposed development was considered with regard tc the adjacent one story structure in
evaluating the context of the development. The lot is vacant and can be designed to conform to the
standards of the district even if some challenges do exist on the site (trees and setbacks). Staff feels
that the requirements of the residential design standards can be met with some creative architecture.
Properties throughout the city face design challenges due to existing landscape features when
redevelopmenfoccurs. The Administrative Variance for inflection section of the Land Use Code is
denied.
The Land Use Code states that variances from the Residential Design Code which do not meet
26.410.020(D) (Administrative Variances) may have their project reviewed by the Planning and
Zoning Commission or the. Historical Preservation Commission if applicable.
Please feel free to contact me with and questions or concerns. 970-429-2797
Sincer ly,
~'Z~ V,~~
Andrea Hingley
Planning Technician
ISO SOUTH GALENA STREET ~ ASPEN, COLORADO $I(II-187$ ~ PHONE 870.92O.S000 ~ FA% 97O.9ZO.S797
www. aspengov.mm
- r,mren o~a~nea rape.
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: 10/1/08. 2008
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0040 2008 ASLU (437 W Bleeker Street -Residential
Design Vaziance). The planner assigned to this case is Andrea Hingley.
^ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions. i - ~ `~~ ~~
You, ~ ~ ~p~
ennifer el n, Deputy Director vl ' ~ ~ S Cp~~ G~~/r"'
City of Aspen, Community Development Department ~ "'~~~ /~df ~~~G,
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C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter
Land Use.doc
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HAAS LAND PLANNING, LLC
September 22, 2008
Ms. Jessica Garrow, Senior Long Range Planner
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Administrative Variance Request from the Inflection Standard (Section
26.410.040(E)(2)) for Lot 1, McGarvey Subdivision, TBD West Bleeker Street
(Parcel ID 2735-124-42-007, southeast corner of 4`s &Bleeker Streets)
Deaz Jessica:
With regazd to the City ofAspen's Residential Design Standards (the "RDS"), the
Land Use code provides at Section 26.410.020(D)(1), Variances, that an applicant,
...may seek an administrative variance for not more than three (3) of the
individual requirements. An applicant who desires a variance from the
Residential Design Standards shall demonstrate, and the Community
Development Director shall find that the variances, if granted, would:
a. Provide an appropriate design or pattern of development considering
the context in which the development is proposed and the purpose of
the particular standard. In evaluating the context as it is used in the
criteria, the director may consider the relationship of the proposed
development with adjacent structures, the immediate neighborhood
setting, or a broader vicinity as the director feels is necessary to
determine if the exception is warranted; or,
b. Be clearly necessary for reasons of fairness related to unusual site-
specifzc constraints.
In the current case, the applicant is requesting only a partial variance from merely
one of the individual requirements, namely the Inflection standard (26.410.040(E)(2)).
The Inflection standard provides that, "If a one (1) story building exists directly adjacent
to the subject site, then the new construction must step down to one story in height along
their common lot line." Compliance with this standard requires provision of a one story
element of at least twelve (12) feet in width across the street frontage and one story tall as
far back along the common lot line as the adjacent building is one story.
• 201 N. MILL STREET, SUITE 108 ASPEN. COLORADO 8161 1
• PHONE: (970) 925-7819 FAX: (970) 925-7395
,~.,
September 22, 2008
Lot 1, McGarvey Subdivision
Page 2
Until as recently as the summer of 2008, the adjacent lot was vacant but new
construction thereon includes a detached Accessory Dwelling Unit (ADU) at the front of
the lot. The ADU's first 13'-4" closest to the street is one story in height; the
remaining/reaz ten-plus (10+) feet of the ADU is two stories in height and even includes
the added height of a cupola on its roof. The ADU is not quite thirteen (13) feet wide
across the street frontage yet measures more than eighteen (18) feet tall to the ridge of its
one-story portion. All other portions of the ADU and the principal residence on the
adjacent lot aze of two full stories in height. Because it is an accessory structure, the
adjacent ADU has a front yard setback of fifteen (15) feet instead of the traditional ten
(10) foot front yazd setback required in the R-6 zone district. Accordingly, any new
structure built to the traditional 10' front yard setback (an appropriate pattern of
development in the West End) on the adjoining/subject lot would need to include a one
story element of at least twelve (12) feet in width for its first 18'-4" of depth (along the
common lot line) in order to comply with the letter of the Inflection standazd.
The proposed design provides an appropriate pattern of development with aone-
story element adjacent to the ADU on the adjoining lot. While only required to be twelve
(12) feet wide, the proposed one-story element has a width of sixteen (16) feet along the
street frontage and adjoins aone-story wrap-around porch that runs the entire length of
the structure's street frontage. The one-story portion of the ADU structure on the
adjoining lot has a depth of 13'-4"; the one-story portion of the proposed structure has a
depth of nearly fourteen (14) feet but, as appropriate for a principal structure, it begins
five (5) feet closer to the street than does the adjacent ADU structure. Per the language of
the Inflection standard, the proposed one-story element would need to extend another 4'-
10" further back towards the rear of the lot to achieve complete compliance. Thus, the
requested variance is to allow the one-story Inflection requirement to end a mere 4'-10"
before it would otherwise. The variance will affect the least visible azea subject to the
standard.
When considering the context of the proposed design, one should also take into
account the fact that the two subject structures (the ADU and the proposed residence) will
be separated by a distance of approximately fourteen (14) feet, and be visually sepazated
by an existing, very lazge (24" caliper with a drip line having a 36 foot diameter) evergreen
tree residing immediately in front of them in the Bleeker Street right-of--way.
In addition to the proposal providing an appropriate design in consideration of the
context in which the development is proposed, it is felt that the proposed design fulfils the
spirit and the intent of the Inflection standard which, per the Code, is "to reinforce the
unique character of Aspen and the region by drawing upon Aspen's vernacular
architecture and neighborhood characteristics in designing new structures." The
proposed design reinforces the unique character ofAspen and the region by incorporating
traditional gable end forms, a true wrap-around front porch addressing both street
~ _ ~ __._
,,-.
-,
September 22, 2008
Lot 1, McGarvey Subdivision
Page 3
frontages, modulation of massing, and a pedestrian scale; these elements reflect the history
of Aspen and the context of the West End. In addition, the proposed design inwrporates
elements of modern design that draw upon the vernacular architecture of the region and
new structures in the neighborhood. The ability of the proposed design to promote the
purpose of the Inflection standazd is, therefore, in no meaningful way compromised by the
proposed 4'-10" reduction in the associated depth requirement. Instead, the proposed
design promotes the purpose of the Inflection standard and is fully consistent with the
spirit of the requirement.
The Inflection standazd was originally written in response to new two-story
structures being built immediately adjacent to small Victorian homes and miner's cottages
and effectively dwarfing these important structures. It is in this sense that one can best
understand the spirit of the standazd. In the current case, the adjacent structure is less
than half a yeaz old and has been dwazfed by its accompanying principal structure far more
so than it will be imposed upon by the proposed residence. The only one-story element on
the entire adjacent lot is the front portion of the ADU, which measures 13.33 feet deep by
12.5 feet wide for a total area of just less than 167 square feet. For purposes of
wmparison, the proposed one-story inflecting element presents an appropriate design as it
measures 13.5 feet deep by 16 feet wide for a total azea of 216 square feet. The proposed
structure will in no way dwarf, overshadow or otherwise impose on the adjacent ADU
structure.
In general, the proposed design is fully consistent with codified Purpose of the
RDS which is, "to preserve established neighborhood scale and character, and to ensure
that Aspen's streets and neighborhoods are public spaces conducive to walking. The
standards...reguire that each home...contribute to the streetscape." To this end, the
Purpose statement further explains that, "Neighborhood character is largely established
by the relationship between front facades of buildings and the streets they face. By
maintaining a certain consistency in front setback patterns there is interaction between
residents and passersby and the built environment." The proposed design, with its
traditional 10' front yazd setback, one-story entryway, street-facing principal windows,
and functional one-story wrap-around front porch promotes this Purpose.
Perhaps more to the point, the RDS Purpose statement provides that, "Secondary
structures and accessory dwelling units, located along the alleys and inspired by the
tradition of outbuildings in Aspen, are encouraged." The need for the proposed
Inflection variance largely results from the adjacent lot having been developed with an
accessory dwelling unit structure on its front as opposed to along the alley as encouraged
by the RDS and, indeed, the predomniance of Aspen's land use regulations. By locating
the ADU in the front yazd, not only is the adjacent development inconsistent with the
Purpose of the RDS and with surrounding development patterns, but a fifteen (15) foot
front yazd setback was required instead often (10) feet as is typical in the area. A ten foot
front yazd setback is wnsistent with surrounding development patterns and with the
. , ~ ,-~.
September 22, 2008
Lo[ 1, McGarvey Subdivision
Page 4
"Build-to Lines" requirement of the RDS. If the one-story portion of development on the
adjacent lot were built with a ten foot front yazd setback, the proposed design would be in
complete compliance with the Inflection standard.
In summary, the proposed design complies with the spirit and the intent of the
Inflection standazd as well as with the letter of every other ItDS. All of the Site Design
standazds are met (building orientation, build-to lines, and fences), as are the Building
Form (secondary mass) requirements. The proposed plans are consistent with the Parking,
Gazages and Carports standards as well as the Building Elements (street oriented entrance
and principal window, first story element, windows, and light wells) requirements. While
final selection of exterior building materials has not yet taken place, these will be
consistent with the requirements of the ItDS. In the end, while an applicant can request
that as many as three (3) variances be approved administratively, this request for only a
partial variance from merely one of the individual requirements, namely the Inflection
standazd, is modest and reasonable. Moreover, the foregoing nazratives coupled with the
accompanying plans and photographs demonstrate that the limited extent of the requested
variance is justified by both the context in which the development is proposed and the
proposed design's continued ability to promote the purpose of the standard.
If you should have any questions, or if I can be of further assistance, please do not
hesitate to contact me at the numbers or address provided below or via email at
mhaas@sopris.net.
Yours truly,
Haas Land Planning, LLC
Attach: Plans and Elevations from Avalanche Design, Inc.
Photographs of the Subject Site and Adjacent ADU Structure
C:/My Daamients/City Applications/MCGarvcy/InFleGion V miance Reques[_9-0B_Version2
.~.
PLANNER:
PROJECT:
REPRESENTATIVE:
DESCRIPTION
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Andrea Hingley, 429-2797
4~ & Sleeker-Address TBD
Mitch Haas
Tel: 925-7819
-,,
DATE: 9124108
The applicant would like to request an administrative variance from the inflection standard of the residential
design standards of approximately 4' 10" as the neighboring property is set back to 15' instead of 10'
Land Use Code Section(s)
26.410.020.D Variances
26.410.040 Residential Design Standards
http•llwww aspenpitkin comldeptsl381citvcode.cfm
Review by: -Staff for complete application
- Referral agencies for technical considerations
Planning Fees: $735.00 Deposit for 3 hours of Staff time (additional planning hours over deposit amount
are billed at a rate of $2451hour)
Total Deposit: $735.00
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. Signed fee agreement.
5. Completed Dimensional Requirements Form.
6. Applicant's name, address and telephone number in a letter signed by the applicant, which states
the name, address and telephone number of the representative authorized to act on behalf of the
applicant.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, 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.
8. An 8 112" by 11"vicinity map locating the parcel within the City of Aspen.
9. Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land surveyor,
licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor.
10. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development application.
Please include existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
~-.
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: Variance from the Inflection Requirement of the Residential Design Standards
Applicant: JNM Bleeker Street, LLP
Location: Lot 1, McGarvey Subdivision -southeast corner of 4` &Bleeker
Zone District: R-6
Lot Size: 7,SOOsf
Lot Area: 7,SOOsf
(tor the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing.• NA Proposed: NA
Number of residential units: Existing: 0 Proposed: 1
Number of bedrooms: Existing: 0 Proposed: 4-5
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing.•NA (3300sf credit)Allowable: 3450Proposed.•3450
Principal bldg. height: Existing.• NA
Access. bldg, height: Existing: NA
On-Site parking: Existing: NA
Site coverage: Existing.• NA
Open Space:
Front Setback:
Existing.• NA
Existing: NA
Rear Setback: Existing.• NA
Combined F/R: Existing: NA
Side Setback: Existing: NA
Side Setback: Existing: NA
Combined Sides: Existing: NA
Allowable: 25' Proposed:25'
Allowable: 25' Proposed.• NA
Required.• NA
Required: 45%
Required: None
Required.• 10'
Required: 10 %5'
Required.• 1Y-20'
Required: S'
Required: 6.67'
Required: 22.5'
Proposed: 2 spaces
Proposed.• <45%
Proposed: NA
Proposed.• IS'
Proposed: 10%5'
Proposed: I S'-20'
Proposed.• >S'
Proposed: >6.67'
Proposed: 22.5'
Existing non-conformities or encroachments: None
Variations requested: Inflection standard of the Residential Design Standards (see
variance request letter).
.-.
--~,
"~ Stewart Title of Colorado, Inc.
.^+ ^ Aspen Division
~`j~~ ' ~ ~ ~.` 620 East Hopkins Avenue
title Of COIOfadO ~ Aspen, Colorado 81611
Phone:970-925-3577
Fax:970-925-1384
Date: April 30, 2008
Order Number: 12695-C2
Borrower: JNM Bleeker Street, LLP
Property Address: 437 West Blceker Street, Aspen, CO 8161 I
Taz Schedule Number. RO19406-273512442007
Please direct all Escrow inquiries to:
Title Only File.
LENDER:
United Western Bank
Attn: Marie Kemp
210 E. Hyman Avenue
Aspen, Colorado 81611
Phone: (970) 925-4383
Fax: (970)925-4389
Please direct all Title inquiries to:
Melanie Lang
Phone:970-766-0233
Email Address: mlang@stewart.com
We Appreclote Your Business And Look Forward fo Serving You ie tke Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE WSURANCE
Issued by
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title guaranty company
Stewart Title Guazanty Company, a Texas Corporation ("Company"), for a valuable consideration,
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 in the land
described or referred to in Schedule A, upon payment of the premittms and chazges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed htsured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months aRer the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating ofI-icer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guazanty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
Y
Allltll~~O~IaEtfOAUe
Stewart Title of Colorado, Inc.
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 8161 l
Phone:970-925-3577
Fax:970-925-1384
Order Number: 12895-C2
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tltle guaranty company
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ALTA Commitment (6/17/06)
6th, .
Senor Chalnnen~~of aAABOOts
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Chairmen MMe Bab
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 25, 2008 at 7:30 A.M. Order Number: 12895-C2
2. Policy or Policies To Be Issued: Amount of Insurance
- (a) A.L.T.A. Owner's
(b) A.L.T.A. Loan (Standard) $2,560,000.00
Proposed Insured:
UNITED WESTERN BANK, Its successors and/or assigns
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
JNM BLEEKER STREET, LLP
5. The land referred to in this Commitment is described as follows:
Lot 1,
MCGARVEY SUBDMSION,
according to the Final Plat thereof recorded September 1, 2004 in Plat Book 70 at Page 52 as Reception No.
501429.
COUNTY OF PiTKIIJ
STATE OF COLORADO
Purported Address:
437 Wes[ Bleeker Street
Aspen, Colorado 8161 I
-STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
PREMIUMS: Re-Issue
Mortgage: $2373.00
Tax Cert: 20.00
Order Number: 12895-C2 S~lltr~t
ALTA Commitment (6/17/06) - Schedule A title guararriy company
Page 1 of I
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 1
REQUIREMENTS
Order Number: 12895-C2
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and
assessments as certified by the County Treasurer.
4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
5. - [Intentionally deleted.]
6. -[Intentlonallydeleted.]
7. Relating to JNM Bleeker Street, LLP, The Company requires the following:
a) A copy of the limited partnership agreement, and all amendments thereto
Note: The Company requires the joinder of all general partners and evidence of the consent of all of
the limited partners to the closing of this transaction, where appropriate.
b) A certificate of good standing, evidencing that the partnership is in good standing in the state of
its formation
c) Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S.
Note: At the time the Company is famished these items, the Company may make additional
requirements or exceptions.
8. -[Intentionallydeleted.]
9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure
the loan.
Order Number: 12895-C2 ~}f1~ - gM~f V}
ALTA Commifienr(NI7/06)-gchcduleBl ~7 ~JGVV~ `
Page l of I ~~ 9uerentY ~rrWe~Y
4
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
EXCEPTIONS
Order Number: 12895-C2
The policy or policies to be insured 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
bylaw and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the
public records or attaching subsequent to the effective date hereof, but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. 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 azea.
] 0. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1,
1897 in Book 139 at Page 2I6 as Reception No. 60156.
11. All matters as shown on Plat of Strandberg Lot Split recorded October 18, 1982 in Plat Book 14 at
Page 1 as Reception No. 244854.
12. Declaration of Restrictive Covenants recorded October 18, 1982 in Book 434 at Page 194 as
Reception No. 244855.
13. Ordinance No. 17, (Series of 2004) of the Aspen City Council approving a subdivision recorded
September 1, 2004 as Reception No. 501426.
Order No.; 8695-C2
ALTA Commitment (6/I7/06)- S<hedule B 2
Page I oft title guaranty aomparry
14. Subdivision Improvements Agreement for the Mct:rarvey Subdivision recorded September 1, 2004
as Reception No. 501427.
15. All matters shown on the Plat of McGarvey Subdivision recorded September 1, 2004 in Plat Book
70 at Page 52 as Reception No. 501429.
Order No.: 12895L'2 e~/y ~ rM~
ALTA Commitment (6/17106) - Schedule B 2 ~ u<i~/YQ~ ~,
Palle 2 of 2 title guaranty comPenY
DISCLOSURES
Order Number: 12895•C2
Note: Ptnsuant to C.R.S. ]0-l 1-122, notice is hereby given that:
A. The subject real property maybe located m a special taxing district;
,^y
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treaswer or the
county treaswer's authorized agent;
C. 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: Colorado Division of Inswance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing mf legal documents resulting from the transaction which was
closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the inswed transaction and is
responsible for recording the legal doctmtents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affimtative Mechanic's Lien Protection for [he Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Ownei s Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be asingle-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or ma[eriahnen for purposes of wnstmction on
the land descrbed in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materiahnen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If [here has been constmction, unprovements or major repairs undertaken on the property to be pwchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded lines will include: discloswe of certain constmction 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 requrements 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 tics contracted for or
agreed to pay..
Note: Pwsuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineml estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third parry 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 [o enter and use the property without the surface owner's
percussion.
This notice applies to owner's policy comnutments containing a mineral severance instrument exception, or exctptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVH)E
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Numlxr: 12895~C2
Disclosures
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Stewart Title Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic 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 petsom or entities to whom it may be disclosed. [n compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company .
We may collect nonpublic personal information about you from the following sources:
• Infomtation we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our tiles, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved ar 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 out'customers or former customers to out
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 staffers 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 infomtation about you to those employees who need to know that
infomtation 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.
r ,,,,,
Stewart Title of Colorado, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of Ure Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless Ure
institution provides you with a notice of its privacy policies and practices, such as the type of infortnaUoa that it
collects about you and the categories of personv or entities to whom it may be disclosed. In compliance wiUt the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Colorado, Inc.
We tray collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a wnsumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or
lender.
Unless it fr 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 custoters to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or forn'ier customers to the following types of
nonaffiliated cotrrpanies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
Financial srnice providers such as companies engaged in banking, consumer finance, securities and
insurance.
Non-financial companies such as envelope stutters 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.
~ ~
Stewart Title of Colorado, Inc.
The title company, Stewart Tile of Colorado, Inc: Aspen Division in its capacity as escrow agent, has been
authorized to receive funds and disburse them when all fitnds received ere either: (a) available for
irmnediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or
(b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in
which the funds are to be deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title company with
computer accounting or auditing services, or other bank services, either directly or through a separate entity
which may or may not be affiliated widt the title company. This separate entity may charge the financial
instimtion reasonable and proper compensation far these services and retain any profits there from.
The title company may also receive benefits from the financial institution is the form of advantageous
interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title
company has with the financial institution. The title company shall not be liable for any interest or other
charges on the earnest money and shall be under no dory to invest or reinvest funds held by it at any time.
In the even[ that the parties to this transaction have agreed [o have interest on eamest money deposit
transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then
the eamest money shall remain in an account designated for such purpose, and the interest money shall be
delivered to the title company at closing.
.-,
CONDITIONS
.~..
i. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of ]assured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which aze hereby incorporated by reference and aze made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company.azising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
aze subject to the provisions of this Commitment.
5. The policy to be issued 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 the
Insured as the exclusive remedy of the parties. Yau may review a copy of the arbitration rules at<
h~•//www.alta.orrh.
stewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be famished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
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CITY OF ASPEN
PRE•APPLICATION CONFERENCE SUMMARY
PLANNER: Andrea Hingley, 429-2797 DATE: 9124108
PROJECT: 4~ & Bleeker Street -Address TBD
REPRESENTATIVE: Mitch Haas
Tel: 925-7819
DESCRIPTION
The applicant would like to request an administrative variance from the inflection standard of the residential
design standards of approximately 4' 10" as the neighboring property is set back to 15' instead of 10'
Land Use Code Section(s)
26.410.020.D Variances
26.410.040.E.2.a Residential Design Standards
http•Ilwww aspenpitkin comldeptsl381citvcode.cfm
Review by: -Staff for complete application
- Referral agencies for technical considerations
Planning Fees: $735.00 Deposit for 3 hours of Staff time (additional planning hours over deposit amount
are billed at a rate of $2451hour)
Total Deposit: $735.00
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. Signed fee agreement.
5. Completed Dimensional Requirements Form.
6. Applicant's name, address and telephone number in a letter signed by the applicant, which states
the name, address and telephone number of the representative authorized to act on behalf of the
applicant.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, 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.
8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen.
9. Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land surveyor,
licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor.
10. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development application.
Please include existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
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