HomeMy WebLinkAboutLand Use Case.CU.134 E Bleeker St.A29-92 • 1
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/03/92 PARCEL ID AND CASE NO. U
DATE COMPLETE: // 'r/ q P 2737- 073 -15 -002 A29 -92
STAFF MEMBER: LL
PROJECT NAME: Penn Conditional Use Review for an A.D.U.
Project Address: 134 East Sleeker
Legal Address: E. 15' of Lot R, Lot S, T1OS, R84W
APPLICANT: Susan and Paul Penn
Applicant Address: 9505 Copley Dr, Indianapolis, IN
REPRESENTATIVE: Jake Vickery; Bill Poss & Associates
Representative Address /Phone: 605 East Main Street
Aspen, CO 81611 925-4755
PAID:(YES) NO AMOUNT: $ N/C NO. OF COPIES RECEIVED 3 / 3
TYPE OF APPLICATION: qq 1 STEP: X 2 STEP:
P &Z Meeting Datq Z J / I Q PUBLIC HEARING: ft NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
V City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork �! Other r '.^"N-,
) m /// / „� y` Aspen Con.S.D. ¢ \ I Energy Center L ., I E ., /t c � .. f .1
DATE REFERRED: INITIALS:
FINAL ROUTING: DATE ROUTED: (] «\ INITIAL: c t
City Atty City Engineer oning _Env. Health
Housing y Other: )
FILE STATUS AND LOCATION:
t
.`.+
5. The construction drawings submitted for permit must have
provisions for maintaining all but historical storm run -off on
site, i.e. drywells and must be reviewed by the Engineering
Department.
6. All representations that are made in the application and those
reviewed and approved by the Planning and Zoning Commission shall
be complied with.
7. The applicant shall provide a small shed roof gable over the
entry to the detached accessory dwelling unit.
APPROVED by the Commission at its regular meeting on June 2,
1992.
At st: Pla 9Og Zoning mmission:
Jan / Carney, D e uty City Clerk -•
! /tCE -C HM/201 t MnW
GU. 13,2 a te ,et.0t
1s
0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Penn Conditional Use Review
DATE: May 5, 1992
SUMMARY: The applicant proposes to remodel a single family home
and remodel the detached carriage house providing an approximately
%307 square foot (net liveable), accessory dwelling unit. Staff
recommends approval of conditional use for a detached accessory
dwelling unit.
APPLICANT: Susan and Paul Penn as represented by Jake Vickery
LOCATION: 134 East Sleeker, Aspen
ZONING: R -6
APPLICANT'S REQUEST: %To provide a detached studio accessory
dwelling unit.
REFERRAL COMMENTS:
Engineering - Having reviewed the above application, and having
made a site inspection, the engineering department has the
following comments:
1. Site drainage - one of the considerations of a development
application for conditional use is that there are adequate public
facilities to service the use. One public facility that is
inadequate is the drainage system. The new development plan must
provide for no more than historic flows to leave the site. Any
increase to historic storm run -off must be maintained on site.
2. Right -of -way - the new driveway cannot exceed ten feet in width
and requires an excavation permit for construction. In addition,
any other design considerations of development within public right -
of -way must be approved by either the streets department, the
engineering department or the parks department. Landscaping shall
be provided in the public right -of -way adjoining the building site
in accordance with the adopted street landscaping plan.
Recommended Conditions of Approval
1. The construction drawings submitted for permit must have
provisions for maintaining all but historical storm run -off on
site, i.e. drywells.
2. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
Housing - Having reviewed and the plans and made a site visit the
Housing Authority has the following comments:
1. Prior to the issuance of any building permits the applicant
shall submit floor plans and elevations of the carriage house
accurately describing the layout and living space of the unit for
Housing Authority approval.
2. applicant shall record a standard deed restriction for an
accessory dwelling unit.
3. The unit is just barely over the minimum size for a studio
unit, the Housing Authority staff strongly recommends that if
acceptable to the HPC and planning office, an exterior deck on the
west elevation should be provide for a more adequate dwelling unit.
STAFF COMMENTS:
Conditional use Review - Pursuant to Section 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
proposed to be located; and
RESPONSE: The proposed accessory dwelling unit will be
approximately 307 square feet on the second floor of the existing
detached carriage house. The applicant will comply with the
Housing Guidelines and deed restrict the unit as a resident
occupied unit for residents of Pitkin County. Provision of an
accessory dwelling unit is consistent with the City's policy to
encourage affordable housing in all neighborhoods. In addition the
applicant is converting an existing detached carriage housing which
is consistent with the goals of the Cottage Infill program.
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; and
RESPONSE: Cottage Infill was a program designed with the West End
in mind. This carriage house is on the alley and will be the
second type of accessory dwelling unit on this alley. The
provision of the accessory dwelling unit in the carriage house will
not increase the size of the building unless the applicant extends
a second floor balcony to provide an outdoor amenity. However any
2
exterior changes to the carriage house will be reviewed by the HPC
for historic compatibility.
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; and
RESPONSE: The accessory dwelling unit will have no adverse effect
upon surrounding properties. The carriage house will continue to
appear the same. although the unit is only 307 square feet of net
liveable a site visit confirmed that the unit is very liveable.
To help offset the small unit size staff is strongly recommending
the provision of a second floor balcony to provide some private
outdoor space for the tenants thus enhancing the liveability of the
unit.
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 protec-
tion, emergency medical services, hospital and medical
services, drainage systems, and schools; and
RESPONSE: No new services are required to redevelop the site with
a primary residence and a 307 square foot accessory dwelling unit
with three parking spaces. The Engineering Department is requiring
the applicant to maintain historic storm runoff patterns and any
increased storm runoff must be contained on -site.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes a studio accessory dwelling unit
for employees of Pitkin County. An increase in employees is not
expected by the provision of an accessory dwelling unit.
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 conditional use meets the requirements of the Aspen
Area Comprehensive Plan and other requirements of this chapter by
integrating a community housing need into the redevelopment of the
property.
RECOMMENDATION: Staff recommends approval of the conditional use
for the detached accessory dwelling unit with the following
conditions prior to the issuance of any building permits:
1. The applicant shall submit the appropriate deed restriction
3
to the Housing Authority for approval. The deed restriction shall
state that the accessory unit meets 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. Upon
approval by the Housing Authority, the applicant shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
office.
2. A copy of the recorded deed restriction for the accessory
dwelling unit must be forwarded to the Planning Office.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
4. The applicant shall submit floor plans and elevations of the
carriage house accurately describing the layout and living space
of the unit for Housing Authority approval.
5. The construction drawings submitted for permit must have
provisions for maintaining all but historical storm run -off on
site, i.e. drywells and must be reviewed by the Engineering
Department.
6. All representations that are made in the application and those
reviewed and approved by the Planning and Zoning Commission shall
be complied with.
ATTACHMENTS: Site Plan
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ASPEN /PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: City Engineer
Zoning Administration
FROM: Leslie Lamont, Planning Office
RE: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING
UNIT
Parcel ID No. 2737 - 073 -15 -002
DATE: April 8, 1992
Attached for your review and comments is an application submitted by Jake Vickery,
representing Susan and Paul Penn, requesting a Conditional Use Review for an Accessory
Dwelling Unit.
Please return your comments to me no later than April 22, 1992.
Bill, could you please look at the net liveable and see if it is correct?
Thank you.
,0
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer i ?$t --
Date: April 22, 1992
Re: Penn Conditional Use Review
Having reviewed the above application, and having made a site inspection, the
engineering department has the following comments:
1. Site drainage - one of the considerations of a development application for
conditional use is that there are adequate public facilities to service the use. One
public facility that is inadequate is the drainage system. The new development plan
must provide for no more than historic flows to leave the site. Any increase to historic
storm run -off must be maintained on site.
2. Right -of -way - the new driveway cannot exceed ten feet in width and requires an
excavation permit for construction. In addition, any other design considerations of
development within public right -of -way must be approved by either the streets
department (920 - 5080), the engineering (920 -5080) department or the parks department
(920 - 5120). Landscaping shall be provided in the public right -of -way adjoining the
building site in accordance with the adopted street landscaping plan.
Recommended Conditions of Approval
1. The construction drawings submitted for permit must have provisions for
maintaining all but historical storm run -off on site, i.e. drywells.
2. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right -of -way.
cc Chuck Roth, City Engineer
cssebad9tG 9
ASPEN /PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: City Engineer
Zoning Administration
FROM: Leslie Lamont, Planning Office
RE: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING
UNIT
Parcel ID No. 2737 - 073 -15 -002
DATE: April 8, 1992
Attached for your review and comments is an application submitted by Jake Vickery,
representing Susan and Paul Penn, requesting a Conditional Use Review for an Accessory
Dwelling Unit.
Please return your comments to me no later than April 22, 1992.
Bill, could you please look at the net liveable and see if it is correct?
Thank you.
C,Or `� t4 Gt2 rib � 4n-e/ -�� i
j /412,-
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
April 8, 1992
Mr. Jake Vickery
Bill Poss & Associates
605 East Main Street
Aspen, CO 81611
Re: Penn Conditional Use Review for an Accessory Dwelling Unit
Case A29 -91
Dear Jake:
The Planning Office has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and
Zoning Commission at a Public Hearing to be held on Tuesday, May 5, 1992 at
a meeting to begin at 4:30 p.m. Should this date be inconvenient for you,
please contact me within 3 working days of the date of this letter. After
that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical
problems. The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application is available at the
Planning Office.
Please note that it is your responsibility to mail notice to property owners
within 300' (this notice is enclosed) and to post the subject property with
a sign prior to the public hearing on May 5, 1992. Please submit a
photograph of the posted sign as proof of posting and an affidavit as proof
of mailing prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner assigned
to your case.
Sincerely,
Cindy Christensen
Administrative Assistant
form: complete.apz.ph
PUBLIC NOTICE TO ADJACENT PROPERTY OWNERS
RE: PENN CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 5, 1992 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130
South Galena Street, Aspen, Colorado to consider an application
submitted by Susan and Paul Penn, represented by Jake Vickery, Bill
Poss & Associates, 605 East Main Street, Aspen, CO 81611,
requesting a conditional use review for a detached accessory
dwelling unit. Property location: Lot S and the Easterly 15 feet
of Lot R, Block 65, Township 10 South, Range 84 West, Section 7,
also known as 134 East Bleeker.
For further information, contact Leslie Lamont at the Aspen/
Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /Jasmine Tygre, Chairman
Planning and Zoning Commission
bit ,
and atsonates _ . T A A N S M I J T A L LETTER O F L
ARCHITECTURE AND PLANNING, P . 605 E. MAIN ASPEN, CO 81611 TEL 303 925 4755 - FAX 303 920 2950
DATE • April 20, 1992
Penn Residence Job #9210
PROJECT •
TO •
Leslie Lamont
FROM • Jake Vickery - Project Architect /�
Na OF PAGES • APR 21
IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATELY.
DESCRIPTION • Public Noticing of Adjacent Owners
1. Certification of Mailing letter
2. Public Hearing Notice:
5/22/92 - P &Z Conditional Use Review Hearing
3. List of Property Owners within 300 feet of 134 E. Bleeker
4. Certification of Property Posting Letter
5. Photographs of Public Notice Signs - Exhibits A and B
COMMENTS • Dear Leslie:
Please call if you have any questions.
jreIY,
Jake Vrkery
xc: Roxanne Efli
Bill Poss
File
1 I 1
605 EAST MAIN STREET
ASPEN, COLORADO 81671
TELEPHONE 303/925 -4755
FACSIMILE 303/920 -2950
April 20, 1992
Leslie Lamont
Aspen City Planner
Planning Department
130 South Galena
Aspen, Colorado 81611
Dear Leslie:
Please find attached:
1. Public Notice
RE: 134 East Bleeker
Penn Conditional Use Review Hearing, 5/5/92
Before the Aspen Planning and Zoning Commission
2. Mailing list of property owners within 300 feet of 134 East Bleeker.
I certify that the above mentioned Public Notice was mailed to the above mentioned
mailing list on Monday, April 20, 1992.
Sincerely, •
4
Jake Vickery
Project Architect
Enclosures: Public Notices, Mailing List
MARCH 16, 1992
MAILING LIST OF ADJACENT PROPERTY OWNERS
WITHIN 300 FEET OF 134 EAST BLEEKER
PREPARED FROM COUNTY ASSESSOR'S RECORDS
Aspen School District 2737- 073 -13 * ** / 2735 - 124 -2 * * **
RE -1
Business Office
110 E Hallam
Aspen CO 81611
Robert L. & Maria Segal 2735 - 124 -37001
c/o R. L. S. Mechanical Corporation
305 E. 46th Street
Brooklyn NYC, NY 10017
Donald Paul Krumm 2735 - 124 -37002
Box 874
Aspen CO 81612
Richard B. Johnson 2735 - 124 -37003
Montae Imbt Johnson
6820 Bradbury
Dallas TX 75230
Palmer Communications 2735 - 124 -37004
1801 Grand Ave
Des Moines IA 50308
Edwin and Adeline Grosse 2735 - 124 -37005
23049 Farmington Rd
Farmington MI 48024
T.R.S. Family Trust 2735 - 124 -37006
c/o Gary Wayland
1079 Aviation Blvd.
Hermosa Beach CA 90254
George Weaver, Jr. 2735 - 124 -37009
Shirely Weaver
c/o Virginia Hurst
1300 Chaplin Street
Wheeling, WV 26003
•
1
MARCH 16, 1992
MAILING LIST OF ADJACENT PROPERTY OWNERS
WITHIN 300 FEET OF 134 EAST BLEEKER
PREPARED FROM COUNTY ASSESSOR'S RECORDS
Edward & Judith Neisser 2735 - 124 -37010
Harris Associates L. P.
c/o 2 N. LaSalle
Room 500
Chicago, IL 60602
Constance M. Hoguet 2735 - 124 -37011 / 37012
333 E 68th St
New York NY 10021
Mountain States Communications 2735 - 124 -38001 / 38006
PO Box E
Aspen CO 81612
Pitkin County Library 2735 - 124 -38002
200 N Mill
Aspen CO 81611
Aspen Clinic Bldg 2735 - 124 -38004
A Colorado General Partnership
100 E Main St
Aspen CO 81611
North and South Aspen Association Ltd. 2735 - 124 -38005
200 S Aspen St
Aspen CO 81611
Larry Saliterman 2735 - 124 -38012 / 38013 / 38014 / 38015
2240 Lee Ave, North
Minneapolis MN 55424
First National Bank of Grand Junction 2737 - 073 -14001
Trustee for Mona Frost
Box 608
Grand Junction CO 81501
2
MARCH 16, 1992
MAILING LIST OF ADJACENT PROPERTY OWNERS
WITHIN 300 FEET OF 134 EAST BLEEKER
PREPARED FROM COUNTY ASSESSOR'S RECORDS
Joseph Amato 2737- 073 -14002
Box 503
Highland Mills NY 10930
Kermit Sutton 2737 - 073 -15001
Suite 302
400 5th Ave., South
Naples FL 33943
Yvonne Hammond 2737- 073 -15002
Box 280
Evergreen, CO 80439
Priscilla Sadler 2737 - 073 -15003
Box 2989
Aspen CO 81612
United Methodist Church 2737 - 073 -16001
200 E Bleeker
Aspen CO 81611
William L. Seguin 2737 - 073 -16002
Box 4274
Aspen CO 81612
Ferenc Berko 2737 - 073 -16003
Mirte Berko
PO Box 360
Aspen CO 81612
Joan Enid Light 2737 - 073 -16004
733 13th St
Boulder CO 80302
William G. Brumder 2737 - 073 -16005
Trustee
2054 First Wisconsin Trust
Milwaukee WI 53201
3
MARCH 16, 1992
MAILING LIST OF ADJACENT PROPERTY OWNERS
WITHIN 300 FEET OF 134 EAST BLEEKER
PREPARED FROM COUNTY ASSESSOR'S RECORDS
William G. Parzybok, Jr. 2737 - 073 -16006
13617 160th Ave, NE
Redmond WA 78052
Mary Eshbaugh Hayes 2737 - 073 -20001 / 20002
Trustee Under Hayes Trust
Box 497
Aspen CO 81612
Ewald H. Crosby 2737 - 073 -20003
Rosa Gettman
325 S Forest St
Denver CO 80222
Claudette Carter 2737 - 073 -20004 / 20005
c/o Gracy's
202 E Main St
Aspen CO 81611
Ethel McCabe 2737 - 073 -20006
Fred Pearce
Box 531
Aspen CO 81612
Hotel Jerome 2737 - 073 -20007 / 20010
330 E Main St
Aspen CO 81611
Amoco Oil Co Tax Dept 2737 - 073 -20008
600 S Cherry St
Suite 915
Denver CO 80222
Wheeler Square Association 2737 - 073 -20009
c/o The Fleisher Co
200 E Main St
Aspen CO 81611
4
ill 4.,-7., ,./
1
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE303 925 -4755
FACSIMILE 3031920 -2950
April 20, 1992
Leslie Lamont
Aspen City Planner
Planning Department
130 South Galena
Aspen, Colorado 81611
RE: Lot 2 and the Easterly 1/2 of Lot R, Block 65, City of Aspen, also referred to as
134 East Bleeker Street
Dear Leslie:
I hereby certify that the attached photographs, labeled "Exhibit A" and "Exhibit B ". were
taken, and the property was posted as required, at 4:00 pm, Monday April 20, 1992
Sincerely,
A
Jake Vickery
Project Architect
Enclosures: Photo Exhibits "A" and "B"
4 .%
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ana atsona,es L. E TT E R i T R A N S M I T T A L
ARCHITECTURE AND PLANNING, P . • 605 E. MAIN ASPEN, CO 81611 • TEL 303 925 4755 • FAX 303 920 2950
DATE • April 4, 1992
PROJECT ■ Penn Residence, 134 E Bleeker Job #9210
TO • Aspen Planning and Zoning Dept.
FROM ■ Jake Vickery
NO. OF PAGES •
IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATELY
DESCRIPTION • Conditional Use Application
Attachment 1 - Land Use Application Form
Attachment 2 - Minimum Submission Contents
Attachment 3 - Specific Submission Contents
Attachment 4 - Review Standards for Your Application
COMMENTS •
ATTACHMENT 1
LAND USE APPLICATION FORM
1) Project Name Penn Residence
2) Project Location 134 East Sleeker; Lot S and Easterly 15 feet of Lot R,
Block 65, Township 10 South, Range 84 West Section 7, City of Aspen, Pitkin
County, Colorado
3) Present Zoning R -6 4) Lot Size 4,500 sf
5) Applicants's Name, Address & Phone # Susan and Paul Penn 9505 Copley Drive,
Indianapolis, Indiana (w) (317)873 -5211; (h) (317- 844 - 04734.
6) Representative's Name, Address & Phone # Bill Poss and Associates 605 East
Main Street, Aspen, Colorado 81611 Contact: Jake Vickery
7) Type of Application (please check all that apply):
X Conditional Use _ Conceptual SPA _ Conceptual Historic Dev.
Special Review Final SPA _ Final Historic Development
8040 Greenline Conceptual PUD _ Minor Historic Development
Stream Margin _ Final PUD _ Historic Designation
Mountain View Plan _ Subdivision _ GMQS Allotment
Condominiumization _ Text /Map Amendment _ GMQS Exemption
Lot Split /Lot Line Adjustment
8) Description of Existing Uses (number and type of existing structures;
approximate sq ft; number of bedrooms; any previous approvals granted to the
property).
Existing use is storage, the property is R -6 Residential Zone.
9) Description of Development Application
To convert and use the upper floor (approx. 374 FAR sf) of the historical
carriage barn as a Detached Accessory Dwelling Unit.
10) Have you attached the following?
X Response to Attachment 2, Minimum Submission Contents
X Response to Attachment 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for your Application
Attachment #2
MINIMUM SUBMISSION CONTENTS
Penn Residence
134 East Bleeker
1. See Attached Letter
2. See Attached Legal Description
3. See Attached Title Commitment and Attorney's Letter
4. See Attached map
5. Compliance with relevant review standards:
This proposal is to restore and use the upper floor of the existing historical carriage
barn located on the alley at 134 East Bleeker as a Detached Accessory Dwelling Unit.
The shell of the barn remains in tact except for the addition of a new cross gable to the
West roof. It contains approximate 300 NLSF and will be a studio type unit with bath. It
will be brought up to current standards of safety and energy conservation and preserved.
This work is represented on the attached drawings.
Please See Attachment #4 for detailed explanation of conformance to specific standards.
This proposed work under review by the Historical Preservation Committee and additional
information is available in the related HPC Conceptual Review Application.
9210atch2.cup
MAR 14 '02 1120 DART CONTROLS INC. F.2/3
March 13, 1992
To whom it may concern:
•
We hereby authorize Bill Poss and Associates, 605 East Hain
Street, Aspen, Colorado 81611, phone (303) 925 -4755, to represent
us and to act on our behalf regarding historic designation,
design, and construction permits for our property at 134 East
Bleeker, Aspen, Colorado.
Very truly yours,
Susan and Paul E. Penn
9505 Copley Drive
Indianapolis, Indiana 46260
317- 844 -4734 Home 317 -873 -5211 Office 317 -873 -1105 FAX
AUSTIN, PEIRCE & SMITH
Attorneys At Law
600 East Hopkins Avenue
Suite 205
limmMD.Austin Aspen, Colorado 81611 'hteq.ta 1303) 925 -2600
Fnderidc F. Peirce FAX (303) 925-4720
Thomas Fenton Smith
meth mail March 13, 1992
HAND DELIVERED
Mr. Jake Vickery
William Poss and Associates
Architecture and Planning
605 East Main Street
Aspen, Colorado 81611
RE: Disclosure of Ownership of Lot 3 and the East 1/2 of Lot
R, Block 65, City and Townsite of Aspen /134 East Sleeker
Street, Aspen, Colorado
Dear Jake:
Pursuant to your request, I have enclosed herewith a copy of
a title commitment dated January 13, 1992 for the referenced
property. This title commitment reflects that the referenced
property was owned by Yvonne F. Hammond and had no liens or
encumbrances against it on January 13, 1992.
On March 9, 1992, the referenced property was conveyed to Paul
E. Penn and Susan W. Penn by Warranty Deed recorded in Book 671 at
Page 307 of the Pitkin County Real Property Records. A copy of
this Deed is also enclosed for your review and use. The Penns paid
cash for the purchase of the referenced property and therefore,
there still are no liens or encumbrances against the property.
Hence, the Penns are the sole owners of the property as of March 9,
1992 and have full authority and right to prosecute any
applications with the City of Aspen.
If you have any questions or need any additional information,
please do not hesitate to give me a call.
Very truly yours,
AUSTIN, PEIRCE & SMITH
By:
Frederic- F. •eirce
FFP /ls
Enclosures
cc: Mr. & Mrs. Paul E. Penn
�.— 2 c: \WP32 \LET+s\
1orrn.Na 1343 (CO -90) •
•• ALTA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
frThf
•
• agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRSTAMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment astheCompany,
through its agent, identified above, referred to in thisAgreement as theAgent, agrees to issue a policy to your name as the
you proposed nsured nScheduleA,thisCommt en policy
tbec meseffecti easoftheC mmtmentDat shown
in Schedule A.
If the Requirements shown in this Commitment have not been met within six months afterthe Corn-
: mitment date, our obligation under this Commitment will end.Also our obligation under thisCommitment
will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B -1.
The Exceptions in Schedule 8 -2.
The Conditions on the reverse aide of this page
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
S titod:We.„4„,...,,..-2„.€%, PRESIDENT l��111E INS +tit,
/ SEPTEMBER 2•t,
BY
11
,•„� G , � �q{ , SECRETARY � < 1968 a
51 11 '`. * �q l l F O ftN�
•
COUNTERSIGNED ~`���
i
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B- Section 2 may be amended to show any defects, liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B- Section 1 are met We shall have no liability
to you because of this amendment
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum-
brances,we shall beIiable to you according to Paragraph4 below unless you knew of this information and
did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liabilitytoyouforany loss you incurbecause of an errorin thisCommitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in = chedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule 4 of this C ?mmitment and our
liability is subject to the terms of the Policy form to be issued to you. •
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Anyclaim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
•
•
•
• ••/ Form 1756 -A
Commitment. Schedule A
Setterfleld & Ryan
Attn: Mark Kwieclenski
415 E. Hyman Avenue, 1105
Aspen, CO 81611 SCHEDULE A
Customer Reference No. Hammond /Penn
1. Effective Date: January 13, 1992 at 7:00 A.M. Commitment No: 401835—C
SM /Jp
2. Policy or Policies to be issued: Amount
(a) ❑ ALTA Owner's Policy $ 470, 000.00
Proposed Insured: PFIJL E. PENN and SUSAN W. PENN
(b) ❑ ALTA Loan Policy $
Proposed Insured:
(c) ❑ $
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:
YVONNE F. HAMMOND
4. The land referred to in this commitment is
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED
HERETO AND BY THIS REFERENCE INCORPORATED HEREIN
AND MADE A PART HEREOF.
Owner's Premium: $ 1,214.00 CC's to:
Lender's Premium: $ Setterfleld & Ryan
Tax Certificate: $ 10.00 Aspen Real Estate Associates
Endorsement Chg: $ Austin & Pierce
TBD Charges: $ ATC— Escrow
Additional Chgs: $
TOTAL CHARGES: $ 1,224.00
-
•
Order No. 401835 -C
Plat I.D. # 1 -1
SCHEDULE A (continued)
Covering the Land in the State of Colorado, County of Pitkin, Described as fol lows:
Lot .S and the East 1/2 of Lot R,
Block 65,
CITY AND TOWNSITE OF ASPEN
•
4
Forth 1756 • B1
Commltm.nt, Schedule B -1
SCHEDULE B - Section 1 No.
Requirements 401835 -C
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to -wit:
1. Deed from Yvonne F. Hammond to Paul E. Penn and Susan W. Penn.
NOTE: Duly executed real property transfer declaration, executed by
either the Grantor or Grantee, to accompany the Deed mentioned above,
pursuant to Article 14 of House 8111 No. 1288 - CRA 39 -14 -102.
2. Evidence satisfactory to the Company or Its duly authorized agent either
(a) that the "real estate transfer taxes" Imposed by Ordinance No. 20
(Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City
of Aspen, Colorado have been paid, and that the liens Imposed thereby
have been fully satisfied, or (b) that Certificates of Exemption have
been issued pursuant to the provisions thereof.
<. Form 17513- B2 (Modified 1/84)
Commitment, Schedule B -2
Colorado Order No. 401835 —C
(
SCHEDULE B - Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could ascer-
tained by an inspection of said land or by making inquiry of persons in possession thereof.
2. Easements or claims of easement which are not shown by the public records.
3. Discrepancies, conflicts in boundary lines,shortage in area, encroachments and any other facts which
a correct survey would disclose, and which are not shown by public records.
4. Any water rights or claims or title to water in, on or under the land.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
commitment.
7. Taxes due and payable; and any tax, special assessments, charge or Ilen imposed
for water or sewer service, or for any other special taxing district.
8. Any mine of gold, sliver, cinnabar or copper, or any valid mining claim or
possession held under existing laws, as reserved by M. G. Miller, County
and Probate Judge of Pitkin County, Colorado, in the Deed to R. R. Bow les
recorded January 11, 1888, in Bock 59 at Page 277.
9. Any and all unredeemed tax sales.
NOTE: Upon receipt of a Cert ificate of Taxes Due evidencing that there are
no existing open tax sales, the above exception will not appear on the
policies to be issued hereunder.
Exceptions number are hereby omitted
1
NOTICE TO PROSPECTIVE BUYERS
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89 -2)
A. "GAP" PROTECTION
When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany "), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responsible for any deeds, mortgages, Iis - pendens, liens or other title encumbrances which first appear in
the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is in the possession of the Company.
No Coverage will be afforded against deeds, mortgages, Iis - pendens, liens or other title encumbrances ac-
tually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, Iis - pendens, liens or other title encumbrances to purchasers for
value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six rttenths - prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company.
If there have been construction, improvements or major repairs undertaken on the property to be pur-
chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and /or the contractor, payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
C3 (Commitment Notice) - .
DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
•
§10 -11 -122
Colorado Revised Statutes §10 -11 -122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c) That 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."
Ilcu at —..— —_._
let.
Reception Nu.
1VARItAN7•Y I)EEI)
•1 DEED, Made this 5 day or March • •
between
YvonneEIIammond
of the •
Cuunly of Jefferson , Stale of Colorado, gimnot(s) and
•
Paul E. Penn and Susan W. Penn
whose legal address is 9505 Copley Drive
Indianapolis, IN 46260 MAIN" of the County of . State of El�A IN" grantee's):
WllNFSS1tT11, That the grantnt(sl, for mid in consideration of Ilse sum of FOUL' IIUI Kl red Seventy 'thousand - 1)01
Hundred and no /100 (470,400.00)
the receipt and sufficiency of which is hereby acknowledged. hag gi alned, bra gained, sold and conveyed. and by lllese presents dues grant,
tick I leits and assigns forever, all Ibe oral propel ly, together with improvements.
I+mgain, sell, convey, and cool• . unto tic gimlet's). g , Slate u( Cldomdu,
if any, situate, lying and being In the Canvey of P i. t 1C 1. n
described as follows:
Lot S and the East i of Lot R,
Block 65,
City and Townsite of Aspen
niso knmvn by sneer and n as: 134 East llleeker Street, Aspen, CO 81611
71)GKIl1 ER with all and singular the heect1iia111Cn11s and :ipllliltenalltes 1lelclo belonging. nl in anywise nppcltaining, and the ICVCrs1011 and
reversions, tcninl,itler mid remainders, Milli, lssiies 11111 In11li1T tlltn<t.F• 01111 311 111C eslllle. tight. title, inkiest. Clallll 01111 demand whatsoever of the
violinIs), either in law or equity. of, in and to the above bat piloted pncmises, with the Iicicdilanlcnis and nppnIleoanccs. u>C'J
lbe nnlcGlsl. licks and
70 HAVE AVHAVE ANTI 10 1101.0 the sail pltmists above b:n gained :old Jcsoilrcd will the appunenmices• unto g • bargain, and
assigns forever. And the gwonn(s), for ter. sei C Imits and personal lcpiese MPS covenant. grain. g•
a gue to and with the gmoteeU), ue.ir heirs affil assigns. Iilal at lilt tine Uf lllC mlfG:lling and lleh \ffy lit these I+,CStllla. UL'y
re well
se t,.ed of the premises above conveyed, hove g I laic. per feet, absolute and Indefeasible eslult of iodiailance• in Iav, in fee simple, and
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ATTACHMENT #4
Conditional Use Permit
Penn Residence
134 East Bleeker
This application meets the following standards for the Conditional Use Permit:
A. The renovation of the existing historical alley structure is desirable and
consistent with the Cottage Infill Program, Housing Authority Guidelines and the
HPC guidelines.
B. The existing carriage barn is one of several accessory alley structures in this
vicinity. It enhances the fabric of the neighborhood and its use is consistent and
complimentary to others in the area.
C. The location, size and design of the existing structure and its proposed
residential use will not create any additional impact on the neighborhood.
D. Services will be an extension of the residential services already in place for this
property. These services are adequate.
E. This proposal does not generate and will not generate any additional
employees.
F. This proposal includes the deed restriction of the unit and other requirements
as required under the Cottage Infill Program for Detached Accessory Dwelling
Units.
9210appl.cup