HomeMy WebLinkAboutLand Use Case.706 W Main.A35-96 CASE AD SUMMARY SHEET - CITY 01 ,PEN
DATE RECEIVED: 5/7/96 CASE # A35 -96
DATE COMPLETE: STAFF: Amy Amidon
PARCEL ID # 2735- 124-45 -005
PROJECT NAME: Krabacher ADU P & Z Conditional Use
Project Address: 706 W. Main, Aspen
APPLICANT: B. Joseph and Susan Krabacher
Address/Phone: 201 N. Mill St., Ste 201, Aspen
REPRESENTATIVE: same
Address/Phone: same
FEES: PLANNING $235 # APPS RECEIVED 10
ENGINEER $0 # PLATS RECEIVED 10
HOUSING $0
ENV HEALTH $0 TYPE OF APPLICATION:
TOTAL $235 One Step
AMT. RECEIVED $235
Rev iew Bode fleeting Date Public Hearing
•
P&Z ❑Yes ❑No
CC ['Yes ❑No
CC (2nd reading) DYes ❑No
REFERRALS:
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
❑ City Engineer ❑ City Water ❑ ACSD
❑ Zoning ❑ City Electric ❑ Holy Cross Electric
❑ Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
❑ Parks ❑ Other: ❑ Other:
DATE REFERRED: INITIALS: DATE DUE:
APPROVAL: Ordinance/Resolution # Date:
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED /FILED DATE: INITIALS:
ROUTE TO:
rc 1
Nn USE APPr.ZQ1nW
Krabacher ,'roposed Residential Addition
1) Project Name
2) Project Location
706 W. Main Street
Lot Q and West 20 feet Lot R, Block 18, City and Townsite of Aspen
(indicate street address, lot & block number,. legal desctptiat where
aaTriate)
3) Present Zoning
0 4) LOt $j 5,000
5) Applicant's Name, Address & Phone # B. Joseph Krabacher, Susan S. Krabacher
ZO1 North Mill, Suite 201, Aspen, Colorado 81611 (303) 925 -6300
6) Representative's Name, Address & Phone # John Muir, Robert Trown & Associates, Inc.
25 Lower Woodbridge Road, Suite 104 B, Snowmass Village CO 81615 (970) 923 -6131
7) Type of Application (please diedk all that apply):
X conditional Use Cbnoeptual SPA
X COnceptual Historic Dev_
_- Special Review _ Final SPA __ Final Hictarir_ Dem.
__ 8040 Greenline CUnoeptual PUD _ Minor Historic Dev.
X Historic n Demolition
Stream Margin Final R7D.
Maintain View Plane __ SUbd?visiar _ Historic c ignati on • •
Cbrdominimmization _ Text/Map Amendment — GM;1S Allotment
Lot Spl1.Wt Line
Adjustment
8) Description of rj �j e.r
�ri ti �tises (n any ard type of existing s` W LL e taxdsrmss ;
approximate sq. ft.: rt of belmmx L previous approvals granted ed
pptuve ty) -
•
1699 Square feet - building approved by special raira-... Pnr rnmmarrial
in Office Zone District; See Application for information on previous approvals.
9) Description of Development Application
See Application for derailed desrriprinn
10) Have you attached the following?
k Response to Attachment 2, Minimlm < mission Contents
_ Response to Attachment 3, Specific Submission Contents
Zee to Attachment 4, Review Standards for Yo. Application
MEMORANDUM — 1-16Rt54
TO: Planning and Zoning Commission
FROM: Dave Michaelson, Deputy Director 17:114,14\
RE: Krabacher Conditional Use Review for an-I Accessory Dwelling Unit (ADU) - Public
Hearing &Jy
DATE: June 18, 1996 4
SUMMARY: The applicant is requesting conditional use approval to construct a voluntary ADU within an
proposed residential structure at 706 West Main Street. Staff recommends approval of the conditional use
.with conditions.
APPLICANT: Joseph Krabacher
LOCATION: 706 West Main Street (Lot Q and the west 20 feet of Lot R, Block 18, M, N, 0
and P),City and Townsite of Aspen
ZONING: 0 (Office )
LOT SIZE: 5000 sq. feet
Allowable FAR = 2,960.0 s.f.
4 Proposed FAR = 2,883.5 s.f
BACKGROUND: The existing structure is a one -story landmarked miner's cottage that was previously
reviewed and approved by HPC as a conversion to an office. The current proposal would retain and expand
the existing residential uses, and will be reviewed by HPC on June 12, 1996. The proposed addition would
retain the miner's cottage, and include a two -story addition at the rear of the parcel. Staff will provide any
pertinent findings from the HPC hearing to the Commission at the ADU hearing.
REQUEST: The applicant is requesting conditional use approval for a voluntary below -grade ADU. The
ADU is completely voluntary as th proposed addition will not result in a 50% demolition of the existing
structure. The ADU is ac a se m a descending staircase off of the alley, and is approximately 622
square feet. The application is attached as Exhibit A, referral comments from the Housing Office as
Exhibit B, and bluelines of the proposed floor plan and elevations are attached as Exhibit C.
REFERRAL COMMENTS: Please see the memo from The Housing Office (See Exhibit B), which
approves the proposed ADU. Comments from Engineering have not been received, however the project
will be reviewed by the Development Review Committee on June 13, 1996. Any pertinent comments from
Engineering will be presented at the hearing.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 24 -7 -304, the criteria for a conditional use review are as
follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen
Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be
located;
RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing opportunities
for 60% of the workforce to live up- valley of the Aspen Village Trailer Park ". A short-term goal with the
Housing Action Plan was to develop "650 new affordable housing units, including employee- occupied
ADUs to achieve the identified current unmet need to sustain a critical mass of residents ".
The ADUs, as depicted, exceeds the minimum net livable requirement of 300 square feet. The units must
comply with the Housing Guidelines and shall be deed restricted as a resident occupied unit for working
residents of Pitkin County.
The property is zoned 0 (Office), which extends on both sides of Main Street from North 7th Street to
Monarch. The purpose of the 0 zone is to provide for the establishment of office and associated
commercial uses in such a way as to preserve the visual scale and character of former residential areas that
are now adjacent to commercial and business areas, and commercial uses along Main Street and other high
volume thoroughfares. Staff notes that although no implied in the above statement, detached residential
dwelling units and multi - family units are a permitted use in the 0 zone district.
B. The conditional use is Consistent and compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for development;
RESPONSE: The 0 zone is a relatively dense multi -use zone district, which is appropriate for the
development of ADUs. Access to the ADU is off of the alley at the rear of the proposed renovation. In
staffs opinion, the proposed ADU does not represent an incompatible use, and the location in the vicinity of
the downtown core is consistent with Tong -term policies of community revitalization.
C. The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking,
trash, service delivery, noise, vibrations and odor on surrounding properties;
RESPONSE: The ADU is accessed from a descending stairwell, and does not share any interior access to
the primary residence. The stairwell is covered to protect from shedding snow. The unit includes a 30 sq.
ft. Iightwell on the west side of the building, which exceeds UBC requirements for size (required = 25 sq.
ft.). The unit is 622 square feet in size, which exceeds the minimum requirement by 322 sq. ft.
The applicant is requesting a waiver of the one parking space required for an ADU. Staff is in support of
the waiver due to the close proximity of available transit (stop at 6th and Main) and the walking distance to
2
the downtown core, but would suggest that the deed restriction include a requirement that tenants of the
ADU must store any vehicle off -site, and not on- street.
D. There are adequate public facilities and services to serve the conditional use including but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools;
RESPONSE: No additional infrastructure is required for the ADU above and beyond what is in place for
the existing neighborhood.
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use;
RESPONSE: The ADU must be deed restricted for resident occupancy. If the unit is rented, it must be
used to house a qualified working resident of Pitkin County.
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this chapter.
RESPONSE: The proposed ADU is voluntary, and is not required by Ordinance 1.
STAFF RECOMMENDATION: Staff recommends approval of the proposed ADU with the following
conditions:
1. Prior to the issuance of any building permits, the applicant shall comply with the following:
A. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation to the Planning Department. The deed
restriction shall state that the accessory unit meet the housing guidelines for such units,
meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of
six months or longer. " _ . _ .
szb✓tba P6telr rL rliAnt -r
B. Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs.
2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and shall
comply with U.B.C. sound transmission guidelines.
3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the units to
ensure compliance with the conditions of approval.
4. All new surface utility needs and pedestals must be installed on -site.
3
5. The applicant shall consult the City Engineer for design considerations of development within
public rights -of -way, and the Parks Department for vegetation species, and shall obtain permits for
any work or development, including landscaping, within public rights -of -way from the City Streets
Department.
6. Prior to the issuance of any building permits, a tree removal and mitigation plan shall be submitted
for review and approval by the Parks Department. Tree removal permits shall be required for the
removal or relocation of any tree greater than 6" caliper.
7. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for an ADU located at 706 West
Main Street, as outlined in the Planning Office Memo dated June 18, 1996 ".
Exhibits:
"A" - Application Packet
"B" - Referral Comments
"C "- Plans and Elevations
(s) T� fi flu 5 tjM i V
Pose ,, 1 p t _ ; s, ,� y ou n � 1 �- Lo, 1711' bvs OF
71 f - 1 wT ' ` 11 �9U Gf��7"
L ro Ng pyro _t— Mac sVVL west_ Su.i
4
JUN 12 '96 01 :16PM ASPEN HOUSING OFC P.1
Exhibit B
MEMORANDUM
TO: Dave Michaelson, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: June 12, 1998
RE: KRABACHER REVIEW FOR AN ACCESSORY DWELLING UNIT
Parcel ID No. 2735-124-45-005
ISSUE: The applicant is asking for approval to construct a voluntary accessory dwelling
unit, to be located in the basement of a single- family residence.
BACKGROUND: According to the plans, the unit is to be approximately 622 square feet,
which is over the minimum and under the maximum.
RECOMMENDATION: Staff recommends approval of the accessory dwelling unit as
long as the following conditions are met:
1. If approved, the applicant would have to file a deed restriction with the Pitkin
County Clerk and Recorders Office. This document can be obtained from the
Housing Office.
2. The kitchen would have to comply with the definition stated in the Aspen/Pitldn
County Housing Guidelines.
\ reCerral\krabacner.atu
City of Aspen
Pre-Application Cunfcrenr Summary
A& $/i I `3 1
Planner U e
Project - l.it. -t - smut i
Applkanl i ,rresenla :
Representatives Phone
Owner's f`a ,ne V^(R(nA•.4nn.1;
Type of Application { ' 4 a_ tA t - _ . ;,� , Jr..."
Description of the projectfdcv pre _ request-
._ .. . -
.. �.�°711f :.
'hte'applicant has been requested In respond to the following Rohs and provide the following c.
' . rlports:e
Land Use Code Section Comments
•
24° . 7z..olO(F) ! l 7C:-+ F
•
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Referral Agencies The revi - r, ' &Z onl (:C unity) (P &Z and CC)
Incvst ct I'ubli // ' �� ' g: fuo); at Z
Deposit l rITleApplication iew: - ; -. 2
Referral age Ilal fees: ! j�.': _
TU7•A L UEPVSn' � y..
(Addilitnral hours are btl a rate of SIfi3/ try) —
+
To Apply Submit Ike Following Information:
1.- Proof of ownership.
3. Applicant's name. address a':d Ielephonc number in a letter signed by the applicant
which also stales the mune, address and Ieicplamc m of the representative. ;
4. Total deposit ror review of the application S . '
S• 1 copies of the complete application packet atilt maps.
6. So lever explaining the re (cxislingiconditimns and promised uses), including
sheep address and legal description of the ptu
7. An 8 1/2" by I I" vici snap locating the parcel within the City of Aspen.
8. Site plan shall include properly boundaries, lop size, proposed access, and physical
features (dtainageways streams, rivers, etc.)
i �nt(.c tn4 -r'.
Ti 10. 1 „t1)
• ,
These items nett lo Ire submitted if circled:
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-r--
..t.c c4 I a. . ,
List or adjacent proln:rty owners within SUJ felt of the subject property with addreises.
oie4y h. Site phtnirs.
c. Proof of legal access to the parcel.
' d. Ilistone Preservation Commission review /approval.
EXHIBIT 2
Exhibit A
V. Con Use A asaa rb Dw ll;ng tin;r LU Sec 6 60 040
The scaled plans included in this Application include a sketch
plan of the site showing existing and proposed features which are
relevant to the review of the conditional use application. In
addition, proposed and elevations and floor plans are included.
THE CONDITIONAL USE IS CONSISTENT WITH THE PURPOSES, GOALS,
AND OBJECTIVES AND STANDARDS OF THE ASPEN AREA COMPREHENSIVE
PLAN, AND WITH THE INTENT OF THE ZONE DISTRICT IN WHICH IT IS
PROPOSED TO BE LOCATED
RESPONSE: The proposed conditional use is for an accessory
dwelling unit. The AACP has encouraged employee housing, and
Ordinance No. 1, Series of 1990, gives the Applicant the option to
construct an accessory dwelling unit, which is a conditional use in
the Office (0) Zone District. This furthers the goals of the AACP.
THE CONDITIONAL USE IS CONSISTENT AND COMPATIBLE WITH THE
CHARACTER OF THE IMMEDIATE VICINITY OF THE PARCEL PROPOSED FOR
DEVELOPMENT AND SURROUNDING LAND USES OR ENHANCES THE MIXTURE
OF COMPLIMENTARY USES AND ACTIVITIES IN THE IMMEDIATE VICINITY
OF THE PARCEL PROPOSED FOR DEVELOPMENT.
RESPONSE: The accessory dwelling unit has been carefully
designed and planned to be consistent and compatible with the
parcel. The access for the ADU is from the alley and the ADU is
located below grade. It is a generously sized studio (622 sq. ft.)
and its access is located away from snow- shedding roofs, under the
proposed rear porch.
The Applicants are requesting waiver or variation of the
requirement for one parking space for the ADU. The ADU is
completely voluntary as the Applicants are not required to provide
an ADU since the proposed addition will not result in a 50
14
reconstruction of the existing structure, and there is no
demolition of the existing structure. The Property is located on
Main Street and there is a bus stop on the corner of 6th and Main,
one house away. Further, there are a variety of transportation
options available to and from Main Street throughout the Roaring
Fork Valley. Providing an additional parking space may actually
encourage more use of the automobile, which is inconsistent with
the transportation objectives of the City of Aspen. Furthermore,
the site cannot accommodate an additional parking space. Overall,
the residential addition with the ADU is much more preferable than
the office building which has been approved and vested for this
Property, and if the parking space is not waived, the Applicants
likely will not build the ADU.
THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF
THE PROPOSED CONDITIONAL USE MINIMIZES ADVERSE EFFECTS,
INCLUDING VISUAL IMPACTS, IMPACTS ON PEDESTRIAN AND VEHICULAR
CIRCULATION, PARKING, TRASH, SERVICE DELIVERY, NOISE,
VIBRATION AND ODOR ON SURROUNDING PROPERTIES
RESPONSE: As illustrated by the plans, the ADU has minimal
visual impact and virtually no impact on parking, trash, service
delivery, noise, vibrations or odor since it is incorporated within
a proposed single family residence.
THERE ARE ADEQUATE FACILITIES AND SERVICES TO SERVE THE
CONDITIONAL USE INCLUDING BUT NOT LIMITED TO ROADS, POTABLE
WATER, SEWER, SOLID WASTE, PARKS, POLICE, FIRE PROTECTION,
EMERGENCY MEDICAL SERVICES, HOSPITAL AND MEDICAL SERVICES,
DRAINAGE SYSTEMS, AND SCHOOLS
RESPONSE: The Property is located within the City of Aspen
and will be served by City water, sewer, and septic. Police and
fire protection are available as well as emergency medical
15
services, hospital and medical services, and schools. Drainage
will be designed by an engineer to minimize adverse effects on
historical flows.
THE APPLICANT COMMITS TO SUPPLY AFFORDABLE HOUSING TO MEET THE
INCREMENTAL NEED FOR INCREASED EMPLOYEES GENERATED BY THE
CONDITIONAL USE
RESPONSE: This standard is not applicable. In any event, the
Applicant would be supplying affordable housing in the form of the
proposed ADU.
THE PROPOSED CONDITIONAL USE COMPLIES WITH ALL ADDITIONAL
STANDARDS IMPOSED ON IT BY THE ASPEN AREA COMPREHENSIVE PLAN
AND BY ALL OTHER APPLICABLE REQUIREMENTS OF THIS CHAPTER
RESPONSE: The ADU is in compliance with the AACP and all
other applicable requirements, except as noted above.
VI. Vesting o Rights
The Applicant requests, upon final approval pursuant to the
City of Aspen Land Use Code, that the Applicant's rights be vested.
krabacher \docs \application.2
16
EXIIIBIT 6
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EXIIIBIT 7
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EXHIBIT 8
COMMUNITY DEVELOPMENT AGENDA
DECEMBER 6, 1996
8:30 SHARP
1. Thank you Jim! (Cindy & Stan)
2. Please keep your emergency phone numbers current! (Cindy & Stan)
3. Congratulations Bob! (Stan)
4. Holiday Party Update (Sharon)
5. Quarterly Meeting with Suzanne Konchan 8:45 a.m.
6. It's time to use Eudora ! (Deb)
7. City Petty Cash (Deb)
8. GMQS Buckets (Mary)
9. Large format Xerox machine update (Suzanne)
10. Hiring Update (Stan)
11. Dept. Policy for Holiday office gifts (Stan & Cindy)
12. Department and Section meeting updates.
13. Wreath/food drive /other good causes.
14. Tom update
15. Permit Software update (Deb)
16. Meals on Wheels (Suzanne & Tom)
UPCOMING MEETINGS
Aspen P & Z- 12/10
Aspen Meadows Trustee Townhomes (AA)
Farish Conditional Use for ADU/Hallam ESA (KJ)
Commercial Lodge (CL) Text Amendment (SW)
Tasche Conditional Use for "ADU (BN)
City Council -12/9
Aspen Mountain PUD (SC)
Open Space Text Amendment (Isis) 1st Reading (AA)
Historic Landmark Lot Split Text Amendment 2nd Reading (AA)
Reso. State Rehabilitation Tax Credit (AA)
Winnerman Extension of Vested Rights (KJ)
County Planning & Zoning 12/10
Crystal/Redstone Scenic Overlay (RM)
1996 GMZS NOn -Metro Residential Allocations (tentative)
-Hall
-Burke
Heller/Moss 1041 & Lot Line Adjustment (RM)
HPC - 12/11
17 Queen Street - Lot Split
• HPC (continued)
214 E. Bleeker, Conceptual (cont From 10/23)
Larry Fredrik - slides
Shoaf Referral
LAW OFFICES OF
B. JOSEPH KRABACHER
and Associates P.C.
Jerome Professional Building
201 N. MILL STREET, SUITE 201
ASPEN, COLORADO 81611 -3206
B. Joseph Krabacher' Moscow Office
Curtis B. Sanders' 9 Krasnoproletarskaya
Michael G. Topalov^ Suite No. 3
Nickolai V. Prokhorov^ Tel: (970) 9256300 103330 MOSCOW
Igor B. Porohkin^ Fax: (970) 925 -1181 RUSSIA
• Admitted in US only email/Internet address:
"Admitted in Russia only krabacber @igcapcorg
DISCLOSURE OF OWNERSHIP
The undersigned, constituting an attorney licensed to practice
in the State of Colorado, hereby files this Disclosure of Ownership
of the following described property:
706 West Main Street, Aspen, Colorado 81611, also known
as Lot Q and the west 20 feet of Lot R, Block 18, City -
and Townsite of Aspen, Pitkin County, Colorado
1. The names of all owners of the property are: B. Joseph
Krabacher and Susan S. Krabacher.
2. The property is subject to a mortgage or deed of trust in
favor of Chase Manhattan Bank, 201 N. Mill Street, Suite 103, Aspen
CO 81611 in the approximate amount of $360,000.
3. All other easements, contracts, and agreements affecting
the property are as disclosed on the Lawyer's Title Insurance
Corporation Policy No. 85- 01- 097598 attached hereto and
incorporated herein by this reference.
Dated: May 4 / , 1996 B. JOSEPH KRABACHE• ASSOCIATES P.C.
By: , /
B. Jo - Krabacher
201 North Mill, Suite 201
Aspen, Colorado 81611
Telephone: (303) 925 -6300
krabacher \docs \disclosure.2
C LTC LTIC I_ ISIC LTIC LTIC LTIC ITIC LTIC I C I TIC LTIC LTIC ITIC 'TIC LTIC ITIC [TIC ITIC ITIC ITIC ITIC LTIC LTIC LTIC LTIC LTIC LTIC
JuyersJtle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
Policy Number
85 -01- 0 9 7 5 9 8
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
THE CONDITIONS ANO STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation .
herein called the Company. insures. as of Date of Policy shown in Schedule A, against loss or damage. not exceeding the
amount of insurance stated in Schedule A, and costs. attorneys' fees and expenses which the Company may become
obligated to pay hereunder. sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein:
2. Any defect in or lien or encumbrance on such title:
3. Lack of a right of access to and from the land: or
4. Unmarketability of such title.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is
Countersigned by an authorized officer or agent of the Company. all in accordance with its By -Laws.
lawyerslitle Ins e Crpomtion
a_iste President
Attest: �t� 9-0‘) Secretary.
LTIC ITIC LXIC. LTC LTIC LTIC LTIC ITIC LTIC lIIC LTIC LTIC LTIC LTIC' LTIC LTIC LTIC LTIC UIC LTIC LTIC. LTIC LTIC LTIC 1270 LOG ISIC• LTIC LTIC 1210.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded fi .e coverage of this policy:
1. (a) Governmental police power.
(b) Any law. ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land. or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c) above. unless notice of a defect, lien or encumbrance resulting
from a violation has been recorded at Date of Policy in those records in which under state statutes deeds. mortgages. lis pendens. liens or
other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge:
provided, however. that without limitation, such records shall not be construed to include records in any of the offices of federal, state or
local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant: (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
Definition of Terms
The following terms when used in this policy mean: (c) The Company shall have the right at its own cost to institute and
without undue delay prosecute any action or proceeding or to do any
(a) "insured": the insured named in Schedule A. and. subject to any other act which in its opinion may be necessary or desirable to
lhts or defenses the Company may have had against the named establish the title to the estate or interest as insured. and the Company
sured. those who succeed to the interest of such insured by operation may take any appropriate action under the terms of this policy,
law as distinguished from purchase including, but not limited to. whether or not it shall be liable thereunder, and shall not thereby
airs. distributees, devisees, survivors. personal representatives, next concede liability or waive any provision of this policy.
kin, or corporate or fiduciary successors. _ - (d) Whenever the Company, shall have brought any action or
(b) "insured claimant": an insured claiming loss or damage . `. interposed a defense as required or permitted by the provision of this
treunder. -- - ^'- ,.policy, the Company may pursue any such litigation to final
(c) "knowledge", actual knowledge. not constructive knowledge or determination by a court of competent jurisdiction and expressly
3tice which may be imputed to an insured by reason of any public . reserves the right. in its sole discretion, to appeal from any adverse
:cords. - . judgment or order.
(d) "land": the land described. specifically or by reference in ' _ • (e) In all cases where this policy permits or requires the Company to
chedule A, and improvements affixed thereto which by law constitute �. ` cute or provide for the defense of any action or proceeding, the
cal property; provided, however, the term "land" does not include any , insured hereunder shall secure to the Company the right to so
-warty beyond the lines of the area specifically described or referred 'p. -, prosecute or provide defense in such action or proceeding, and • all
. in Schedule A. nor any right. title. interest. estate or easement in .appeals therein. and permit the Company to use. at its option. the
Jutting streets, roads. avenues, alleys, lanes, ways or waterways, bu t :, name of such insured for such purpose. Whenever requested by the
othing herein shall modify or limit the extent to which a right of W
- . Company. such insured shall give the Company all reasonable aid in
ccess to and from the land is insured by this policy. , g.a. ; arty. such action or proceeding, in effecting settlement, securing
(e) "mortgage mortgage, deed or trust, trust deed, or other t ..ev obtaining witnesses, or prosecuting or defending such action
ecurity instrument. cor proceeding, and the Company shall reimburse such insured for any
(1) "public records' ": those records which by constructive'. law impart constructive'. ' expe so incurred
otice of matters relating to said land. _ _ ' ` 3 • -
s- 4. Notice of Loos— limitation of Action
:. Continuation of Insurance after Conveyance of Title e - In addition to the noreas required under paragraph 3(b) of these
The Coverage of this policy shall continue in force as of Date of Policy Conditions and Stipulat ons, a statement in writing of any loss or
I favor of an insured so long as such insured retains an estate or damage for which it is claimed the Company is liable under this policy
merest in the land. or holds an indebtedness secured by a purchase shall be furnished to the Company within 90 days after such loss or
coney mortgage given by a purchaser from such insured. or so long as damage shall have been determined and no right of action shall accrue
uch insured shall have liability by reason of covenants of warranty to an insured claimant until 30 days after such statement shall have
lade by such insured in any transfer or conveyance of such estate or been furnished. Failure to furnish such statement of loss or damage
iterest: provided. however. this policy shall not continue in force in shall terminate any liability of the Company under this policy as to such
avor of any purchaser from such insured of either said estate or . loss or damage.
iterest or the indebtedness secured by a purchase money mortgage
iven to such insured.
5. Options to Pay or Otherwise Settle Claims
1. Defense and Prosecution of Actions — Notice of Claim to be The Company shall have the option to pay or otherwise settle for or in
Oven by an Insured Claimant the name of an insured claimant any claim insured against or to
terminate all liability and obligations of the Company hereunder by
(a) The Company, at its own cost and without undue delay, shall paying or tendering payment of the amount of insurance under this
uovide for the defense of an insured in all litigation consisting of policy together with any costs. attorneys' fees and expenses incurred
fictions or proceedings commenced against such insured or a defense up to the time of such payment or tender of payment, by the insured
nterposed against an insured in an action to enforce a contract for a claimant and authorized by the Company.
;ale of the estate or interest in said land, to the extent that such
itigation is founded upon an alleged defect, lien, encumbrance. or
Cher matter insured against by this policy. Determination and Payment of Lou
(a) The liability (b) The insured shall notify the Company promptly in writing (i) in g , policy :ase any action or proceeding is begun or defense is interposed as set y of the Company under this olic shall in no case
n orth in (a) above. (ii) in case knowledge shall come to an insured exceed the least of:
iereunder of any claim of title or interest which is adverse to the title 0) the actual loss of the insured claimant: or
o the estate or interest, as insured, and which might cause loss or (ii) the amount of insurance stated in Schedule A.
ia mage for which the Company may be liable by virtue of this policy, or (b) The Company will pay, in addition to any loss insured against by
iii) if title to the estate or interest. as insured, is rejected as this policy, all costs imposed upon an insured in litigation carried on by
Jnmarketable. If such prompt notice shall not be given to the Company, the Company for such insured. and all costs, attorneys' fees and
hen as to such insured all liability of the Company shall cease and expenses in litigation carried on by such insured with the written
: erminate in regard to the matter or matters for which such prompt authorization of the Comr• - - v.
totuce is required: provided. however, that failure tr 'ify shall in no (c) When liability has i definitely fixed in accordance with the
___ ..i ,r.,. emit,. I. ince ... na,nane shall be oavable within 30
nit 1411 *I(( MO 1111 III( IIII 1111 I III 1
juyersitle
Insurance Crporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SC.sa7ULE s- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT -2703 12/02/88 a 2:26 P.M. 85 -01- 097598
THIS POLICY DOES NOT INSURE AGAINST LASS OR DAMAGE SY REASON OF THE FOLLO'D G:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any
facts which a correct survey and inspection of the premix would disclose and whitn
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto-
after furnished, imposed by lawn and not shown by the public records.
5. Unpatented minim claims, reservations or exceptions in patents or in Acts authcriz
ing the issuance thereof; water rights, claims or title to water.
6. Taxes for the year 1988 not yet due or payable.
7. Reservations and exceptions as contained in United States Patent recorded March 1,
1897 in Book 139 at Page 216.
8. Terms, conditions, obligations and restrictions as set forth in Aspen City Council
Ordinance No. 60 (Series of 1976) designating a Historic District recorded December
9, 1976 in Book 321 at Page 51.
9. Deed of Trust from : B. JOSEPH !CRAMMER
to the Public Trustee of Pitkin County
for the use of : SUN SAVINGS AND LOAN ASSOCIATION, IT'S SUCCESSORS AND OR
ASSIGNS
to secure : $220,000.00
dated : DECEMBER 02, 1988
recorded : DECEMBER 02, 1988 IN BOOK 579 AT PAGE 953
reception no. : 306554
10. Deed of Trust from : B. JOSEPH IQ ABAMIE11
to the Public Trustee of Pitkin County
for the use of : AMERICAN CELLULAR CORPORATION, A DE..AWARE CORPORATION
to secure : $20,000.00
dated : DECEMBER 01, 1988
recorded : DECEM.BER. 02, 1988 IN BOOK 579 AT PAGE 959
reception. no. : 306555
NOTE: ABOVE DEED OF TRUST RE- RECORDED DECEASE'S 13, 1988 IN BOOK 580 AT PAGE 759,
RECD :1'10N N0. 306850
EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HERESY OMITTED.
•
CONDITIONS AND STIPULATIONS- CONTINUED
7. Limitation of Liability 11. Subrogation Upon Payment or Settlement
No claim shall arise or be maintainable under this policy (a) if the Whenever the Company shall have settled a claim under this policy,_
Company, after having received notice of an alleged defect, lien or right of subrogation shall vest in the Company unaffected by any act of tr
encumbrance insured against hereunder, by litigation or otherwise. insured claimant. The Company shall be subrogated to and be entitled
removes such defect. lien or encumbrance or establishes the title, as all rights and remedies which such insured claimant would have ha
insured. within a reasonable time after receipt of such notice; (b) in the against any person or property in respect to such claim had this policy m
event of litigation until there has been a final determination by a court of been issued. and if requested by the Company, such insured clatmar
competent Jurisdiction, and disposition of all appeals therefrom, adverse shall transfer to the Company all rights and remedies against any persc
to the title, as insured. as provided in paragraph 3 hereof; or(c)for liability or property necessary in order to perfect such right of subrogation ar
voluntarily assumed by an Insured in settling any claim or suit without shall permit the Company to use the name of such insured claimant in ar
prior written consent of the Company. transaction or litigation involving such rights or remedies. If the payme.
does not cover the loss of such insured claimant. the Company shall
8. Reduction of Liability subrogated to such rights and remedies in the proportion which sa
All payments under this policy, except payments made for costs. payment bears to the amount of said loss. If loss should result from ar
attorneys' fees and expenses. shall reduce the amount of the insurance act of such insured claimant. such act shall not void this policy but r
pro tanto. No payment shall be made without producing this policy for Company, in that event, shall be required to pay only that pan of ar
endorsement of such payment unless the policy be lost or destroyed. in losses insured against hereunder which shall exceed the amount. if ar
which case proof of such loss or destruction shall be furnished to the subrogation. Company be reason of the Impairment of the right
satisfaction of the Company.
9. Liability Noncumulative
It is expressly understood that the amount of insurance under this. _
policy shall be reduced by any amount the Company may pay under any - 4 __.
policy insuring either (al a mortgage shown or referred to in Schedule 8 12. Liability Limited to this Policy
hereof which is a lien on the estate or interest covered by this policy, crib) - Thisinstrumenttogetherwithallendorsementsandother
a mortgage hereafter executed by an insured which is a charge or lien on _ y, lFMrlq attached hereto by the Company is the entire policy and contra
the estate or interest described or referred to in Schedule A. and the bowmen the insured and the Company.
amount so paid shall be deemed a payment under this policy. 71te . +. .APS claim of loss or damage. whether or not based on negligence. at
Company shall have the option to apply to the payment of any such :•:: yvtlieb arises out of the status of the title to the estate or interest cover
mortgages any amount that otherwise would be payable hereunder to the pony or any action asserting such claim, shall be restricted to r
insured owner of the estate or interest covered by this policy and the provisions and conditions and stipulations of this policy.
amount so paid shall be deemed a payment under this policy to said µ _ Naamendment of or endorsement to this policy can be made except •
insured owner. . i . writing endorsed hereon or attached hereto signed by either r
-' President, a Vice President. the Secretary. an Assistant Secretary. •
10. Apportionment - validating officer or authorized signatory of the Company.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. and a loss is established affecting one
or more of said parcels but not all. the loss shall be computed and settled _ — -
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel to _
the whole, exclusive of any improvements made subsequent to Date of • — 13. Notices. Where Sent
Policy, unless a liability or -value has otherwise been agreed upon as to All notices required to be given the Company and any statement
each such parcel by the Company and the insured at the time of the writing required to be furnished the Company shall include the number
issuance of this policy and shown by an express statement herein or by an this policy and shall be addressed to its Corporate Headquarters. 66:
endorsement attacned hereto. West Broad Street, Richmond, Virginia, mailing address: P.O. Box 275E
Richmond. Virginia 23261.
Lawyers Title Insurance Corporation
National Headquarters — Richmond, Virginia
•
A WORD OF THANKS...
As we make your policy a part of our permanent records. we want to express our
appreciation of this evidence of your faith in Lawyers Title Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and we suggest you keep it in a safe
place where it will be readily available for future reference.
If you have any questions about the protection provided by this policy contact the
office that issued your policy or you may write to:
•
Consumer Affairs Department
Lauryers' itle Insurance •rporation
P.O. Box 27567
Richmond, Virginia 23261
TI .LTIC LTIC, LTIC LTIC LTIC-LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC , LTIC LTIC`LTIC LTIC LTIC - LTIC 17IC LTIC - LTIC-.LTIC LTIC
•
•
•
Ij
Insurance Crporation
POLICY OF TITLE INSURANCE
•
EXHIBIT 3
B. JOSEPH KRABACHER
SUSAN S. KRABACHER
706 WEST MAIN STREET
ASPEN, COLORADO 81611
Aspen /Pitkin Planning Office
City Hall
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for B. Joseph
Krabacher, 201 North Mill, Suite 201, Aspen, Colorado 81611 and
Robert Trown & Associates, Inc., 25 Lower Woodbridge, Suite 104 B,
Snowmass Village CO 81615 to represent B. Joseph Krabacher and
Susan Scott Krabacher, with respect to a Land Use Application for
significant historic development and conditional use approval and
all matters related thereto.
Very ul. ,
o
B. Joseph Krabacher
� G✓
Susan Scott Krabacher
krabacher \ltrs \planning.4
EXHIBIT 4
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EXHIBIT 4 a./ 1 . j
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EXHIBIT 5