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HomeMy WebLinkAboutLand Use Case.CU.1420 Red Butte Dr.A65-95CASELOAD SUMMARY SHEET City of Aspen C DATE RECEIVED: 5 9 95 PARCEL ID AND CASE NO. DATE COMPLETE: 2735- 013 -02 -007 A65 -95 STAFF MEMBER: KJ PROJECT NAME: BELLOCK/MORRISON FAR REVIEW (la S Project Address: 1420 RED BUTTE DRIVE ASPEN Legal Address: LOT 6 RED BUTTE SUBDIVISION APPLICANT: CHUCK BELLOCK Applicant Address: 1400 28TH ST. #100 BOULDER, CO 442 -2299 REPRESENTATIVE: STAN MATHIS Bldg Inspector Representative Address /Phone: Housing Dir. Fire Marshal Aspen CO 81611 Holy Cross Clean Air Board City Electric -------------------------------------------------- FEES: PLANNING $ 425 # APPS RECEIVED 9 ENGINEER $ # PLATS RECEIVED 9 HOUSING $ Energy Center Other ENV. HEALTH $ TOTAL $ 425 �J�A TYPE OF APPLICATION: STAFF AP ing Date - - �� 2� PUBLIC 1 STEP: XX 2 STEP: _ HEARING: YES VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: FINAL ROUTING: INITIALS: / , DUE: DATE ROUTED: _ City Atty _ City Engineer Housing _ Open Space FILE STATUS AND LOCATION: Zoning _Env. Health Other: ,I 1-77521 8 -770 P-328 12/27/94 09 :24R PG 1 OF 9. REC DOC SILVIA DAVIS PITKIN COUNTY CLERK k RECORDER 20.00 y 7 Gk \ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION l GRANTING CONDITIONAL USE APPROVAL FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE AND STREAM MARGIN REVIEW AT 1420 RED BUTTE DRIVE (BLOCK 1, LOT 6, REDIBUTTE SUBDIVISION) FOR CHUCK BELLOCK Resolution No. 93 -/kN WHEREAS, pursuant to Section 24 -5 -510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of this Section; and WHEREAS, the Planning Office received an application from Chuck Bellock, represented by Stan Mathis, for a Conditional Use review for an approximately 475 sq.ft. accessory dwelling unit within the second floor of the proposed single family residence; and WHEREAS, the new single family residence is replacing an existing residence on the parcel and the accessory dwelling unit is being provided as affordable housing mitigation as required by Ordinance 1, Series 1990; and WHEREAS, the proposed unit is 100% above grade, therefore the y site is eligible for an FAR bonus pursuant to Section 24 -3 -101; and WHEREAS, the new single family residence is subject to Section 24 -7 -504 Stream Margin Review because it is located within 100 feet from the high water line of the Roaring Fork River; and WHEREAS, a public hearing was conducted on February 15, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the applicant's request and voted 4 -0 for approval with conditions. NOW, THEREFORE BE IT_ RESOLVED by the Commission: That the Bellock Stream Margin Review and Conditional Use for an approximately 475 sq.ft. net livable accessory dwelling unit is approved, subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen / Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 377521 B -770 P -3;29 12/27/94 09:24R PG 2 OF 4 Resolution #94- Page 2 The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer , 3hall make the final determination that the unit meets the m n i.IUUM size requirement of 300 sq. ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. As recommended by the City Engineer, the applicant shall comply with the following conditions: a. The applicant shall sign and execute a sidewalk, curb, and gutter agreement with the City Engineer prior to the issl;lttnce of any building permits. b. The applicant shall designate parking spaces, the pedestrian walkway space in the public right -of -way, fisherman's easement, building envelope, and the trash area on the final development plan, prior to issuance of any building permits. Once this final development plan 1 is approved by the Engineer and Planning Office's it shall be filed with Pitkin County Clerk and Recorder's Off ice. C. The applicant shall obtain an encroachment license for Uif> Vence which encroaches into the public right -of -way or relocate the fence onto private property, prior to _sf�uance of any building permits. d. The applicant shall consult city engineering (920 -5080) for design considerations of development within public right -of -ways, parks department (920 -5120) for vegetation :species, and shall obtain permits for any work or development, including landscaping, within public rights - of --ways from city streets department (920- 5130). e. ,\ drainage plan prepared by a registered engineer shall be submitted to and approved by the City Engineer, prior to issuance of any building permits. 6. The Zon.nq Enforcement Officer shall ensure that erosion fencing and geogrids are in place prior to any earthmoving activities. Erosion fencing and geogrids shall be erected immediately adjacent to the construction envelope during all phases of construction. No construction equipment is \ permitl.ed u (,(.side the northern edge of this envelope. This J shall. pcf!v.�nt any construction debris, soil, rock or vegetation from impacting the stream bank and river. s � 377521 B -770 P -330 12/27/94 09:24A PG 3 OF 4 Resolution #94 -_ l Page 3 7. No existing vegetation, other than turf, shall be removed between the building envelope and the river. 8. A fisherman's easement must be filed with the Pitkin County Clerk and Recorder, prior to the issuance of any building permits. This easement shall include the land area under the Roaring Fork River, and on land, a five foot distance measured horizontally from the high water line. 9. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. 10. For new landscaping and irrigation, the applicant shall comply with ordinance 37, Series 1991 for Water Conservation. This includes protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could \ adversely affect the river. J 11. Prior to the issuance of any building permits, the applicant shall record either the amended Homeowner Covenants or waiver of the Homeowner Covenants which permit an accessory dwelling unit on Lot 6 of the Red Butte Subdivision. If an amendment or waiver from the Covenants cannot be obtained, the applicant shall pay the cash -in -lieu requirements. 12. The applicant shall relocate the proposed patio at least 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. 13. 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. The site shall be periodically checked by the Zoning Enforcement Officer to enforce all conditions of this approval. APPROVED by the Commission at its regular meeting on February 15, 1994. l f Resolution #94 - _ Page 4 Attest: AJ J Carney, Deputy City Jerk VA Zoning o ission: AV, ^a , 377521 N -770 P -331 12/27/94 09:24F', OF 4 A TO: Overlay Zone District Sub - Committee FROM: Amy Amidon, Historic Preservation Officer Mary Lackner, Planner RE: Bellock /Morrison - Red Butte Drive DATE: June 27, 1995 ------------------------------------------------------------------- SUMMARY: This project is located in the Red Butte Subdivision which is not located with a specific neighborhood area, but it is subject to the general guidelines of the "Neighborhood Character Guidelines ". Compliance with the Committee's findings is advisory, as the lot area is 35,485 sq.ft. The proposed F.A.R. (5,230 sq.ft.) is 95% of the allowable. APPLICANT: Chuck Bellock, represented by Stan Mathis. LOCATION: Lot 6, Red Butte Subdivision. STAFF COMMENTS: Please refer to the application for the complete representation of the proposal. Planning staff finds that some aspects of the project are not in compliance with the general neighborhood guidelines. Mass and Scale 1. All buildings should help establish a sense of human scale that is inviting to pedestrians. 2. New buildings should appear to be similar in scale to those in the established neighborhood, or to the scale that is desired for the neighborhood. Response: The traditional character of the Red Butte Subdivision is 1960's suburban ranch style, split level, and two story residences. The proposed structure is proposed with a maximum height of 27 feet. Building components are designed to be in proportion to the scale of the structure and do not appear monumental. To reduce the perceived scale and mass of the building, the garage should be separated into its own detached structure. The existing neighborhood residences are setback from the main road 100 to 150 feet. The proposed residence will be 78 feet from the road, which presents a significant difference from the existing built environment. Staff would not want the house to be located any closer to the river because of the river impacts that could result. Since the house requires a closer encroachment to the street than the traditional nature of the subdivision, this is an indication that the proposed residence is out of scale with the existing neighborhood. Garages 12. Minimize the visual impact of garages. Response: The garage doors have been oriented to the side yard and therefore not highly visible from the street. As mentioned in Mass and Scale above, staff recommends that the garage be separated into its own building. Driveways 13. Minimize the visual appearance of driveways and parking surfaces. Response: The proposed circular driveway in the front of the residence and the access drive to the garage create significant paved and parking surfaces. Staff believes these hard surfaces are excessive and can be reduced if the garage was put into a separate structure and the driveway redesigned. RECOMMENDATION: Staff recommends that the project be revised as described. In it's current form, the residence has some inconsistencies with the "Neighborhood Character Guidelines" and should be revised as requested. I IAY U, I n J75 ASPEN NEIGHBORHOOD CHARACTER DESIGN COMMITTEE C/O ASPEN /PITKIN PLANNING OFFICE CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN,COLORADO 81611 RE: BELLOCK /MORRISON RESIDENCE - LOT 6, RED BUTTE SUBDIVISION OR 1420 RED BUTTE DRIVE, ASPEN, COLORADO COMMITTEE MEMBERS; THE FOLLOWING IS A DESCRIPITION OF THE EXISTING NEIGHBORHOOD CHARACTER IN WHICH THE PROPOSED RESIDENCE IS TO BE LOCATED. THE NEIGHBORHOOD IS ZONED R -15. THE MAJORITY OF THE STRUCTURES ARE SINGLE FAMILY RESIDENCES, A FEW HAVING A.D.U.S. THE RESIDENCES ARE FOR THE MOST PART LOCATED ON LOTS THAT RANGE IN SIZE FROM 28,000 S.F. TO 35,000 S.F. THE FLOOR AREA OF THESE RESIDENCES VARY FROM APPROXIMATELY 3,000 S.F. TO 5,500 S.F. THERE IS A MIX OF ARCHITECTURAL STYLES ALONG RED BUTTE DRIVE. HOWEVER, MOST STRUCTURES HAVE PITCHED ROOFS AND ARE RANCH STYLE AND SPLIT LEVEL WITH A FEW 2 STOREY RESIDENCES. THE RESIDENCES ON THE EAST SIDE OF RED BUTTE DRIVE ARE SITED AS CLOSE TO THE ROARING FORK RIVER AS POSSIBLE, THEREBY CREATING LARGE FRONT YARDS. HOUSES ON THE WEST SIDE APPEAR TO BE AT THE MIN FRONT YARD SET BACK OF 25 FT. MATERIAL USE INCLUDES STUCCO, STONE, WOOD SIDING, METAL ROOFING, ASPHALT SHINGLES, ETC. FINIALLY, MOST SITES ARE FLAT AND WELL VEGETATED ESPECIALLY ALONG THE RIVER. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. CI MAY 8, 1995 ASPEN NEIGHBORHOOD CHARACTER DESIGN COMMITTEE C/O ASPEN /PITKIN PLANNING OFFICE CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN,COLORADO 81611 ATTN: KIM JOHNSON RE. BELLOCK /MORRISON RESIDENCE - LOT 6, RED BUTTE SUBSIVISION 1420 RED BUTTE DRIVE, ASPEN, COLORADO DEAR COMMITTEE MEMBERS, THE APPLICANT, CHUCK BELLOCK, IS REQUESTING AN APPROVAL FOR A SINGLE FAMILY RESIDENCE THAT HAS AN AFFORDABLE DWELLING UNIT FOR A TOTAL OF 5,230 S.F. THE LOT IS APPROXIMATELY 35,485 S.F. OF WHICH APPROXIMATELY 2,982 S.F. IS UNDER WATER RESULTING IN A NET LOT AREA OF 32,503 S.F. FOR THE PURPOSES OF FLOOR AREA CALCULATIONS. THIS SIZE LOT IN THIS ZONED AREA (R -15) ALLOWS A STRUCTURE OF 5,500 S.F. SINCE THE LOT IS GREATER THAN 9,000 S.F. THE DESIGN COMMITTEE'S REVIEW IS ADVISORY. THE SITE IS OUTSIDE OF THE BOUNDRY OF ANY OF THE FIVE RESIDENTIAL NEIGHBORHOODS AS SHOWN ON THE ATTACHED VICINITY MAP. THE COMMITTEE REVIEW STANDARDS WILL BE BASED ON THE GENERAL GUIDE- LINES FOR ALL CORE AREA NEIGHBORHOODS. THEREFORE, THE DISCUSSION THAT FOLLOWS, RESPONDS TO CHAPTER 1 OF THE ASPEN NEIGHBORHOOD CHARACTER DESIGN GUIDELINES. MASS & SCALE 1) THE SCALE AND PROPORTION OF THE VARIOUS BUILDING COMPONENTS ARE SMALL IN SCALE TO THE OVERALL MASS OF THE BUILDING. ALL BUILDING COMPONENTS BEGIN AND END WITHIN ANY ONE FLOOR LEVEL. THE OVER HANGS AND RECESSED SPACES ARE NOT TO LARGE SO AS TO CREATE A MONUMENTAL SCALE. 2) THIS STRUCTURE IS SIMILAR IN SCALE AND MASS OF THOSE IN THE NEIGHBORHOOD. 3) THE STREET ELEVATION OF THIS STRUCTURE DOES APPEAR TO BE IN SCALE WITH THOSE SEEN TRADITIONALLY AND THE ARCHITECTURAL FEATURES ARE IN SCALE. 4) THE ELEVATIONS INDICATE NO GRAND ENTRY BULIDING FORM 5) [a, b ,c,l ALL OF THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED STRUCTURE. SITE DESIGN 6) THE PRIMARY ENTRANCE IS ORIENTED TO THE STREET AND ITEMS a, b, & d ARE FOLLOWED. 7) [a, b,l THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED STRUCTURE. 8) THIS STRUCTURE DOES NOT AFFECT SOLAR ACCESS TO ADJACENT SITES. BUILDING MATERIALS 9) [a, b, c, d, el ALL OF THESE GUIDELINES ARE FOLLOWED IN THE PROPOSED STRUCTURE. ARCHITECTURAL FEATURES 10) [a, b, c, d, el ALL OF THESE GUIDELINES ARE FOLLOWED. 11) THERE ARE NO SOLAR COLLECTORS OR SKYLIGHTS. GARAGES 12) THE IMPACT OF GARAGE MINIMIZED BY ORIENTING THE DOORS AWAY FROM THE STREET AND INTERGRATING IT INTO THE MASS OF THE HOUSE. DRIVEWAYS 13) ABOUT 50% OF THE EXISTING DRIVEWAY IS BEING REUSED AND A LAND- SCAPED AREA AT THE CIRCULAR DRIVE IS PROVIDED. SERVICE AREAS 14) SERVICE AREAS WILL BE SCREENED. IMPACT ON HISTORIC BUILDINGS 15 & 16) THESE GUIDELINES ARE FOLLOWED. APPLICANT: ADDRESS: ZONE DISTRICT: LOT SIZE (SQUARE FEEL EXISTING FAR: ALLOWABLE FAR: PROPOSED FAR: EXISTING NET LEASABLE (commercal): PROPOSED NET LEASABLE (commercaq: EXISTING % OF SITE COVE.RACE: PRCPCSED % OF SITE COVERAGE: EXISTING % OPEN SPACE (Commercal): PROPOSED o OF OPEN SPACE (Commer.): EXISTING MAXIMUM HE:GHT: PROPOSED MAXIMUM HEIGHT: PROPOSED 'a OF DEMCLITICN: EXISTING NUMEER OF BEDROOMS: PRCFOSEJ NUMBER OF BEDROOMS: EXISTING ON -SIT E PARKING SPACES: ON -SITE PARKING SPACES REQUIRED: S ETB ACK S ST,4N M� �o� e l9lk �rGl- {.00�II: I 4-'Lo auri T(, DID (qrin, 9-15 MWOM D�U�,17Y 35 6 'BLyr :lad y:.-�. :,�� 5 4,4 bl) EXISTING: ALLOWABLE: PROPOSED: Front: Front Front: Rear. Rear: Rear. Side: Side: 10 Side: Combined Front/Rear. Combined FrVRr. Ir_A Combined Front/Rear: EXISTING NONCONFORMITIES/ ENCROACHMENTS: VARIATIONS REO IFSTrD lalioitle for I zndmarks Only ahzraater comnafibilitV findina must be made by HPCI FAR: Minimum Distance Between Bu SETBACKS: Front: Parking Spaces: Rear: Open Space (Commerdal): Side: Height (Cottage Infill Only): Combined FrtlRr. Site Coverage (Cottage Infill Only): U N I 11 0 r, `C T NO G �..� nna ma ^Nn rR n: a r a „: m a y P A iwuwwwl., olnw �. a � SSS22SS n on„ Meadl y c o o y y�F� nN6rs 'o ' u� a ^D �. =NNN�NNy ixo! xi i n� rs: o O.PUUNUNU {jp n o n E E E �x M�N :ii!ii! x i ` i i n�Pwro�c WWYi NT i In 1 Ce o.L o. oo a'owN Pe \ 3 elo0uop m y n :.. , uoanp E ,onpS p � C O ne i �9 am H nre sr i p a il` Weer nd y roar r P q n '` 1 11 1111 Y, a ` � q Q a 0 a 0 -% ,O40 .� J � to pa, FSS a / �� /I ,a 2 TV P e N� s aa" 4' y my 0 a o w w — Q a F 5 r {1ed Mo 10 0 � n rn /n Rd a n p a n y arm t St a� � n a� 3 n S e $ Pruce sr m C ASPEN /PITS IN CONalUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen pursuant to Ordinance 68 (Series of 1994), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Plafming l a anning d referral agency fees must be submitted with each land use application, payable to the AspentPitkin Planning Office. Applications will not be accepted for processing without the required application fee. min mal 2nd predl abe amoun- of tim Approvals to pro ess. The fee take a is refundable. A deposit it collected by planning when mgre extensive staff review is required, as hours are likely to vary substantially from one application to another. Actugl staff time spent will be charged against thr deposit. After the depu!,it ilah bCCll expended, the applicant will be billed monthly based on actual staff hours. Yurrent billings roust be pxid within 30 days or processing of the application will be suspended. If ar appl ►cant has previously failed to pay application fees ?.S required, no new or additional applications will be accepted for processing until Lhe uutsttlnding fees are pail. Ill Ilu case will Building Periniu be lssuedl 'ailtil all the o eet an ' np from the de After action posit will be refunded to u n applicant. Applicatl on . whit h ic-quirc a dcuosit mint iticlude an &Ll i qlc iy ftli �aYj<<; Oevglo_s�tr, t iii -ati ees The Agreement establishes the applicant as beir; responsible for payment of all costs associated with processing the applica or.. The Agreement must be signed by the party responsible for paymf—lt R, -d submitted with the application ir order for it to be accepted. The compute fee schedule for land use applications is listed an the rever=e sl.° :I_i ASPEN /PITKIN CE3M14 IMTY DEVELOPMUNI'T DEPARTMENT CITY OF ASPEN (hereinafter CITY) and :1'(' L' j bF -1 (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for 5AR -�,&1 ( horeinafter, THE PROJECT). 2 APPLICANT understands and agrees that City of Aspen Ordinance No. 68 (Series of 1994? establishes a fee .ctrt:cnire for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completepess. 3. APPLICANT and CITY agree that because of the size riarur . or scope of the proposed project, it is riot possible at this tinge to ascertain the full extent of the costs involved in processing dre application, APPLICAN I' and CITY further agree t it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT unrecs he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY whcr they src necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of r;: overing its full costs to process APPLICANT'S application. 4. CITY and APPLICANT futtlier agree that it is impracticable for CITY staff to eorrplete processing or present sufficient information to the Plawiit, Commission andior Uty Council to enable the Planning Commission and /or City Council to make ld,ally re quired findings for project approval, unless current billings are. paid in full prior to decision. - L�Jl CJN',TPl T i_i�. 5. Therefore, APPLICANT agrees that in consideration of the CsTY's waiver of its right to collect full fees prior to a determination of applic doti" completeness, APPLICANT shall pay an initial deposit in the amount of S which is for — hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CI'T'Y to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing Gate. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN S lausbrs Community Development Director Malting Address: 1400 00 2 Date:__aq /l t May S, 1995 City of Aspen 130 S. Calena Aspen, Colorado Re: Lot 6, Red Butte Subdivision 7o Whom it may Concern: 1• � _' d0 _ia� c i, Chuck Bellock, authorize Stan Mathis to represent nee in land use matters for ,ha abcre referenced property. Sincerely, Chuck Bellock 96wpd6k1;6608��pn i A ORDER NUMBER: 0002057108 SCHEDULE A 1. EFFECTIVE DATE: April 08, 1994 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: A. ALTA OWNER'S POLICY PROPOSED INSURED: CHUCK BELLOCK AND MADELEINE MORRISON B. ALTA LOAN POLICY PROPOSED INSURED: NORWEST MORTGAGE, INC., IT'S SUCCESSORS AND /OR ASSIGNS AS THEIR INTEREST MAY APPEAR C. ALTA LOAN POLICY PROPOSED INSURED: D. AMOUNT OF INSURANCE $ S 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: ZOE MURPHY COMPTON 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL OWNERS: $ 2,025.00 MORTGAGEE: $ 50.00 TAX CERT. $ 20.00 FORM DEL.1 -4 $ 50.00 FORM 110.7 $ 25.00 FORM 100 $ 50.00 FORM 8.1 $ 50.00 FORM 100.30 $ 151.90 AUTHO IZED SI ATURE STEWART TITLE OF ASPEN, INC. 620 E. Hopkins ASPEN, COLORADO 303 925 -3577 FAX 303 - 925 -.384 81611 SCHEDULE B - SECTION 1 ORDER NUMBER: 00020571CS 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 CONSIDERATIO14 FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM: (B) PROPER INSTP.UMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to City Ordinance No. 20 (Series of 1979), has been paid or that conveyance is exempt from said tax. 2. A. Certificate of non - foreign status, duly executed by the seller(s), pursuant to Section. 1445 of the Internal Revenue Code AND Colorado residency (or 9.Satisfactary evidence of the seller(s) incorporation) pursuant to Colorado House Bill 92 -1270. NOTE:Section 1445 of the Internal Revenue Code requires witholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92 -1270 may require witholding of tax from sales proceeds if the seller(s) is not a Colorado residant. Detailed information and Forrs are available from Stewart Title. 3. Release of Deed of Trast dated November 25, 1992, executed by Zoe Murphy Compton, to the Public Trustee of Pitkin County, to secure an indebtedness of $550,000.00, in favor of Pitkin County Bank & Trust Company, recorded December 8, 1992 in Book 697 at Page 8 as Reception No. 351651. 4. Release of Deed of Trust dated December 5, 198e, executed by Zoe Murphy Compton, to the Public Trustee of Pitkin County, to secure an indebtedness of $260,000.00, in favor of Thatcher Bank Federal Savings Bank, recorded December 9, 1988 in Book 520 at Page 397 as Reception No. 306738 and re- recorded March 22, 1989 in Book 588 at Page 35 as Reception No. 309894 and re- recorded May 24, 1989 in Book 593 at Page 202 as Reception. No. 311768. NOTE: The beneficial interest under said Deed of Trust was assigned of record to The Prudential Home Mortgage Company, Inc. by Thatcher Bank Federal Savings Bank recorded January 9, 2989 in Book 583 at Pag: 94 as Reception No. 307675 and re- recorded March 31, 1989 in 3ook 588 at Page 947 as Reception No. 310140. 5. Dead from vested caner, vesting fee simple title in purchaser(s). Continued on next page CONTINUATION SHEET SCHE'OULE B - SECTION 1 ORDZR NO: 000205'?iC8 6. Deed of Trust fr r.. the vorra «er to the Public Trustee for the use of the proposau lender to secure the loan. 7. improvement Surv� -v of the subject property, completed in the last six months approved by Stewart Title of Aspen, Inc., this survey is to be �: in the files of Steuart Title of Aspen, Inc. and Stewart Ti -tle of Aspen, Inc, reserves the right to add further requirements and/or exceptions to this corimitment upon receipt of said survey. 8. Indemnity and Af_icavit as to Debts, Liens and Leases, du'lY executed by the sealer and approved by Stewart Title of Aspen, Inc. t .. SCHEDULE B - SECTION 2 EXCEPTIONS ORDER NUMBER: 00020571C8 THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE S:A-ME 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 CLA -MS 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 INSFECTZ02r 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 HEREr'.FTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEECTS, LIENS, ENCLTMBP.ANCES, 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. ?^IPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 7, A N AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNRnD$EMED TAY SALES. 8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR NCLUS�TON IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 9. Right of the proprietor of a vein or lode to extract and ~emove his ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted, as reserved in United States Patent recorded in Book 55 at Page S. 10. Terms, conditions and obligations of Protective Covenants of Rad Butte Subdivision recorded September 23, 1960 in Book 191 at Page 598 as Reception No. 110276, and Addendum and Amendment to Protective Covenants recorded June 21, 1979 in Book 371 at Page 116 as Reception No. 215592, Addendum and Amendment recorded August 15, 1530 in Book 393 at Page 200 as Reception No. 226003, Addendum and Amendment to Protective Covenants recorded August . , 1980 in Book 393 at Page 202 as Reception No. 226004, ?,mendment to Protective Covenants recorded August 18, 1981 in Book 412 at Page 638 as Reception No. 234935, Amendments to Protective Covenants recorded October 30, 1981 in Book 416 at Page 695 and Amendment to Protective Covenants recorded February 13, 1986 in Book 505 at Page 360 as Reception No. 275604. 11, Utility easements as sr on Plat of said Subdivision. Continued on next page CONTINUATION SHEET SCHFt%U B - SECTION 2 ORDER MWER: 000__ ^05' 'Cs 12. This policy does not insure title to land comprising, the shores or bottoms of ri'rers and is subject to ary build 'up or loss of property along Roaring For.: River, caused by the processes of accretion and reliction, ar - -used by man made changes in the flow of water or in the courae of the river bank or river channel; also sur:j > ct to the free and unobstructed flow of the water of said river. 13. Any loss or damage due to violation Of 100' setback from 1C0 year Floodplain as shown on H::gh Country Engineer 4 na, Inc. survey dated Deccnber 1, as File No. 93107.07.. NOTE: Prov.,':sd that stewart Title of Aspen, Inc. r_2cords the documents of cony °eyance in the proposed transaction the s *.atus Of title will " updated from the time of tM:is coMmitment to the time of said race -ding. If said Up'uate reveals no intervening liens or other changes in the status of said title vxc:�pticn Yc,. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate actions) will be 'taken to disclose or eliminate said charge 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 1992 Policy form. Copies of the 199:? form Policy :,acket setting forth said terms, conditions and exclusions, wil'_ be made available upon request. I J City of Aspen Pre - Application Conference Summary raj Project &C/, Applican s to Representalive' Owner's Name I'hone 1' anncr ate 'I'ype of Application Description of pile pr has yctrr rcques(ed to respond to the following item's and provide the following Land Use Code Sccliorr Comments Referral Agencies 1 The review is: (P &Z unit') (CC nl) (P &Z and CC) �f MJV1 Re Public Ilearing: (yes) (no) � S gjC( A ) Fri I)cposil fur the Applicaliuri 1 eview: Referral agelicy Ilat fees: TOTALVEPOSIT (Additional hours are (irl ei al a rate u1G3/ rr•) To Apply Submit the holluwhrg hrfornudi:nr: I. 2. 1. C ����q I✓1 5. p �J G. 8. 9. IU. Proof of ownership. Signed fe e agreement. Applicant's name, address tm:d lelephune number in a letter signal by the applicanl Which also slides the mum, address and Icle phone number of the represerrhdive. Tulal deposit for review of Ihc. application $ Z5 •f q Z5 copies of the cvrnplctc application packet anilinaps. tiirnuirary leller explaining file request (existing cunditiuns and prupused uses), including street address and legal description of the pnoperly. An 8 1/2" by I I" vicinily map pocaling the parcel within the City of Aspen. Site plan shall include property boundaries, J sire, prupused access, and physical features (drainageways, streams, rivers, etc.) 'These items need to be submitted if circled: a List of adjacent property owners within 70U feel of lire subject pruperly with addresses. Site pholos. c. Proof of legal access it) the parcel. d. Ilisloric Preservation Commission review /approval. Vim `.•" rn+- � u 1 I .. ff L