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HomeMy WebLinkAboutLand Use Case.CU.1410 Red Butte Dr.A3-93 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 01/25/93 /2.q 2735 -L ID AND CASE NO. DATE COMPLETE: 2735- 013 -02 -009 A3 -93 STAFF : PROJECT NAME: Transierra Accessory Dwelling MEMBE Review) .L �., Project Address: 1410 Red Butte Drive Legal Address: Lot 7, Block 1, Red Butte Subdivision APPLICANT: Transierra Corp., c/o Graham & James Applicant Address: 525 University, 14th floor, Palo Alto, CA REPRESENTATIVE: Kim Weil, Bill Poss & Associates Representative Address /Phone: 605 E. Main St. Aspen, CO 81611 925 -4755 FEES: PLANNING $ 2" \\ 3+e*.`r` # APPS RECEIVED 1 ENGINEER $ 13 / - # PLATS RECEIVED 1 HOUSING $ S (0na m f / (' \ ENV. HEALTH $ 1J any 1 w � i� / TOTAL $ N -)p0 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P &Z Meeting Date 3/b PUBLIC HEARING: NO VESTED RIGHTS: NO ✓ CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO 1 \ ■•, -) DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District x City Engineer Bldg Inspector Rocky Mtn NatGas 1� Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Envir.Hlth. ACSD Open Space Board Other Zoning Energy Center Other DATE REFERRED: 2!) INITIALS: '1 DUE: .3 Ii FINAL ROUTING: DATE ROUTED: F 2 LP q3 INITIAL: sw ,: City Atty City Engineer Zoning Housing Open Space Othe: Env. Health FILE STATUS AND LOCATION: flu 5r) )5 - 1ci 9 � MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Transierra Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: March 16, 1993 SUMMARY: The Planning Office recommends approval of the Transierra Conditional Use for a 'i500 s.f. above -grade attached studio accessory dwelling unit with conditions. APPLICANT: Transierra Corporation, represented by Kim Weil LOCATION: 1410 Red Butte Dr. (Lot 7, Block 1, Red Butte Subdivision). The lot is 37,812 s.f., bordered on the north by the Roaring Fork River. ZONING: R -30 APPLICANT'S REQUEST: The applicant requests Conditional Use for the malmatary construction of an accessory dwelling unikwhere -the „garage currently is located. A new garage will be included in a subsequent phase of development. Because the ADU is 100% above grade the applicant is eligible for an FAR bonus of 250 s.f. for the principal structure.' However, no FAR bonus is being requested at this time. The applicant has submitted plan and elevation drawings. See Attachment "A ". Also requested is exemption from stream margin review in order to install a foundation wall for phase two construction during phase one work. This is currently being processed by the Planning Office and will be final prior to issuance of any building permits. PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. REFERRAL COMMENTS: Complete referral memos are attached as Exhibit "B". Housing: The proposed unit must meet the requirements of Section 24 -5 -510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. Engineering: 1. The site plan for building permit shall notate all required parking on the parcel. 2. The final site plan for building permit shall clarify that the not regarding the "area of conflict" relates to the adjacent property owners. If this problem relates to setbacks, a final lot line location must be established prior to issuance of any building permit. 3. The applicant must work out any issues regarding the private water well with the Water Department prior to issuance of any building permit. 4. The site plan included in the building permit shall be approved by the City Engineer prior to issuance of any building permit. 5. Prior to any site grading, the applicant shall install hay bales or other mechanisms to insure construction run -off does not go down the slope to the river. 6. Residential run -off shall not drain to the river. 7. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right -of -way. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7 -304: 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. RESPONSE: This proposed unit will be deed restricted to allow the property to house a local employees in a residential area, which complies with the zoning and Aspen Area Comprehensive Plan. 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 accessory dwelling use is compatible with the other residential uses in the surrounding neighborhood. The unit will not be visible as a distinct unit from the exterior of the residence. 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. 2 RESPONSE: The accessory unit will be completely contained within the existing structure. The total bedroom count once the remodel is finished will be 5, including the ADU. The site will contain a three car garage and at least two exterior spaces within the auto court. The parcel is located about 300 yards from the Snowbunny bus stop. Staff believes that a designated space for ADU parking is not necessary. The unit will have an exterior access via a patio to the driveway. Interior access is provided to a mudroom area. As per past P &Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. No other significant impacts are anticipated. 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: All public facilities are all ready in place for the duplex home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The proposed deed restricted unit is be provided voluntarily. The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office and Housing Office prior to issuance of any building permits. 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: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Please Note: As this accessory dwelling unit is 100% above grade, the main structure is eligible for floor area bonus not to exceed one half of the floor area of the ADU as allowed by Ordinance 1. STAFF RECOMMENDATION: Planning recommends approval of the Transierra Conditional Use for an above -grade 500 s.f. studio accessory dwelling unit with the following conditions: 3 c 1. The owner shall submit the appropriate deed restriction to the Aspen /Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, 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. 3. The ADU 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. The site plan for building permit shall notate all required parking on the parcel. 5. The final site plan for building permit shall clarify that the not regarding the "area of conflict" relates to the adjacent property owners. If this problem relates to setbacks, a final lot line location must be established prior to issuance of any building permit. 6 . The applicant must work out any issues regarding the private water well with the Water Department prior to issuance of any building permit. 7. The site plan included in the building permit shall be approved by the City Engineer prior to issuance of any building permit. d Alfik) 8. Prior to any site grading, the applicant shall install hay bales or other mechanisms to insure construction run -off does not go down the slope to the river. i� Residential run -off shall not drain to the river. 2'1; 1/6 10. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing f / 0 1111( improvements in the public right -of -way. 11. 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 approve a Conditional Use for a 500 s.f. above -grade accessory dwelling unit for the Transierra Residence at 1410 Red Butte Drive with the conditions recommended in the Planning Office memo dated 3 /16/93." g 4 , I te c 3 Exhibits: "A" - Proposed Site Plan, Floorplans, and Elevations "B" - Referral Memos 5 ar` (1_,_ j: fr iY / ' ...,.` 0, r, h, ° i e ° i Lai • 1 i 1 . 00111 r r c / ,I i 1 W. , /. , ING & ONING CO L ISSION � � / EBIT I ` AP PROVED : 5 1 BY RE OLDTION ��� t iS IL ® I ,r.--.---„.-..,—s,1 . 77----. - a q %> . It / , __I__ __ O if 1 C .4 4W ri ' 6 J • l I 9M I, 1 a. r1.- p W AU al it ' ./j f j j / • l ` 1� �rw�" a L/ - •a .i V. / 1 1 n \\ltl c Y ' . : \ P . ' '. . _,:__ _, \. I 1 ° C . ` i t / '� r J, 1 I �� •- / 0 3` \ / n i a \,w l :' ,: et : ::C. 1? n\ � /, \ ` . 1 1 1` , � ' n 1 \. /` . J. 1 ��� w , \) F e v A l" Z — hh N J ( V m • 4 ✓ J v r '1 r ROARING FORK RIVER S ,II �F & B�b . - - z is m' _ - • � z, 1w . 11 ii i §1 1 rthti. � O�LC. . 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'ii sxa ' %/ DINING RM. 1 x at 1 .... ._. —_ n . r KITCHEN 10 •xao Or a r • e I a l- ® ijl� 1 VASTY IPA 1 ED nxI. \ KITCHEN � \ j D M1D ROOM *me II XIS r /WI r P14 _ fl LN ICY �I •x n • .� J , �' OWE STORAGE `\ • er er \ \ PLANNIN ZONING COMMISSION EXHIBIT , APPROVED 19 BY RESOLUTION MEMORANDUM TO: Kim Johnson, City Planner FROM: Cindy Christensen, Housing Office DATE: March 1, 1993 RE: TRANSIERRA CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT; 1410 RED BUTTE DRIVE After reviewing the above - referenced application, the Housing Office approves the proposed attached accessory dwelling unit pursuant to Chapter 24, Section 5 -510, of the City of Aspen Municipal Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shalt be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Liveable Square Footage is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions including, but not limited to, habitable basements and interior storage areas, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. Floor plans showing the exact net liveable square footage and footprint of the accessory dwelling unit will have to be submitted. Recording of the deed restriction could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. \word \referral \transier.ref r-• - ei ‘ftie MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer e 1 e Date: March 3, 1993 Re: Transierra Conditional Use Review for Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. Parking - There appears to be more than adequate space on site for off - street parking, however the final development plan must indicate all parking spaces and dimensions. The minimum code requirement is 8 1/2' x 18' x 7' high. 2. Stream Margin Exemption - The final development plan must indicate the 100 -year floodplain line. The floodplain maps indicate that the line is coincident with the mean high water line. Since no construction is proposed within the 100 -year floodplain, the Engineering Department recommends granting an exemption from the stream margin review process with the condition of approval that the applicant ensure that no storm runoff from earth exposed during construction reaches the Roaring Fork River and that no storm runoff from the residence drains to the river. 3. "Sidewalk" -The recently adopted Pedestrian Plan has reinforced the public right -of- way design guideline of providing pedestrians a space for walking outside of street surfaces. This neighborhood does not have sidewalks, does not have high traffic volumes, and is not indicated in the Ped Plan as a pedestrian commuter area. However, no development of the right -of -way shall be undertaken which precludes pedestrians the ability to move off of the pavement, out of the way of vehicular traffic. 4. Trash - The site plan does not indicate a trash storage area. The final development must indicate a trash storage area in order to preclude such use of the public right -of- way. 5. Utilities - If new utility pedestals are required for the project, they must be located on the applicant's property and not in the public right -of -way. 6. Development in the Public Right -of -way - Given the continuous problems of unapproved work and development in public rights -of -way, we would advise the applicant .01 as follows: The applicant shall consult city engineering (920 -5080) for design considerations of development within public rights -of -way, parks department (920 -5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920 - 5130). 7. "Area of Conflict" - The final development plan shall clarify that this note relates to a disagreement between adjacent property owners concerning the precise location of the lot line. If this disagreement relates to setback issues, a final lot line location must be established prior to issuance of a building permit. 8. Domestic Water Supply - The application indicates that domestic water supply is from a well. The applicant shall contact the Water Department about the possible need to provide City water in conjunction with obtaining a building permit. Recommended Conditions of Approval 1. Prior to issuance of a building permit, the applicant shall submit a revised development plan to be approved by the Engineering Department. 2. The applicant shall ensure that no storm runoff from earth exposed during construction reaches the Roaring Fork River and that no storm runoff from the residence drains to the river. 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. cc: Bob Gish, Public Works Director Larry Ballenger, Water Superintendent Judy McKenzie, Utilities Department M93.57 " USE APPLSCATIc Ft • 1) Project Name Transierra Residence 2) project location 1410 Red Butte Dr., Lot 7, Block 1, Red Butte Subdivision (indicate street address, lot & hlodc mops, legal description mere - apPropr 3) Present Zoning R - .4) Lot Size 37,812 5) Applicant's Name, Address & Ffioae # Transi above high water) _ erra Corporation. c/o Graham and James, 525 University, 14th Floor, Palo Alto, CA 94301 ATTN: R. Patterson 6) Representatives Name, Adrress & Phone : Bill Poss and Associates, 605 E. Main Street, Aspen, CO 81611, 925 - 4755, ATTN: Kim Weil 7) Type of Application (please check all that apply): X Conditional Use ___ Conceptual SPA — Conceptual [ii -storic Cc-v_ Special Review — Final SPA — Final Historic Lev- — 8040 Qeen]ine — Conceptual IUD — Minor Historic Dev- — Stream Mdrgin — Final IUD _ Historic Dtwolition — Mountain View Plane — Subdivision • Historic Designation Condomini miization — ?hpctillaP Amendment - . GZ9iS Allotment — Int Splitaat Line - GpS Exemption . Adjustment 8 ) Descriptio of aristing Uses - (rsmb e r and type of existing apprmamate sq - ft - ember of bedrooms; any previous approvals �� PrcPertY)- Si -ngle family home 4,200 s.f., 4 brs. • • 9) Desc iption of Development Application Special review for an Accessory Dwelling Unit as part of a remodel and addition. 10) have you attached the following? X Pespcnse to Attachment 2, Minimum X 9hrn �i <'S10R contents X to Attachment 3, Specific SuFmi sign Contents Response to Attachment 4, Review Standards for Your Application pr C irk II 1 r ;I, j 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 303/ 925 -4755 FACSIMILE 3037920 -2955 January 22, 1993 Kim Johnson Planning Office City of Aspen 130 S. Galena Aspen, CO 81611 RE: TRANSIERRA RESIDENCE A.D.U. Dear Kim, Transierra Corporation, the owner of the house located at 1410 Red Butte Drive is planning to remodel and expand the existing structure. As part of this project, an Accessory Dwelling Unit (A.D.U.) will be created. This unit will be created in accordance with ordinances 1 and 60 series of 1990. The unit will be configured as a 500 square foot studio apartment. It will be located in the area of the present garage and be accessible from both the exterior and from within the main part of the home. Transierra Corporation does intend to make use of the 250 square foot floor area bonus provided for in the A.D.U. enabling legislation. In addition to the A.D.U. Special Review, I would like to request an exemption from the Stream Margin Review process. As I mentioned to you during our meeting of January 7, the project will be phased. The new garage will be done within the first phase. Since this garage is more than 100 feet from the high water line, it is not subject to Stream Margin Review. However, we would also like to build some foundations for phase 2 this summer. Our reasoning for doing this is simple. Once the new garage • 0 .r/ and associates TRANSIERRA RESIDENCE A.D.U. January 22, 1993 Page Two is built our construction access to the south side will be limited. Therefore, we would like to install below grade foundations under an exemption to the Stream Margin Review process. We feel that since no floor area will be added by these foundations and they will be located below grade this work qualifies for an exemption under Section 7 -5046 of the Land Use Code. Please review the enclosed information and schedule us for a planning and zoning review as soon as possible. Sincerely, Kim Well Project Manager cc: J. Roberto Delgado Robert Patterson KW /khc 92310115.LTR bit 0 and associates TRANSIERRA RESIDENCE CONDITIONAL USE DEVELOPMENT REVIEW STANDARDS 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 located. Response: Ordinances 1 and 60 of 1990 recognized a need for a mixture of housing types. Accessory Dwelling Units is one way of achieving this goal. Our proposal will help move the city toward the goals of these ordinances. 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 addition of a 500 square foot studio A.D.U. contained with a larger home should have no adverse on the character of the immediate vicinity. Most of the homes in the neighborhood are in the 4,000 to 6,000 square foot range. One of the goals of Ordinances 1 and 60 is to create a mix of housing types within individual neighborhoods. Accessory Dwelling Units is one way to achieve this goal. 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 proposed A.D.U. will be located within a larger residence thereby reducing any visual impacts. With regards to parking and other neighborhood impacts, the finished home will only contain five bedrooms including the A.D.U.. There is a three car garage and plenty of other off street parking located in the autocourt. bi c J and associates TRANSIERRA RESIDENCE CONDITIONAL USE DEVELOPMENT REVIEW STANDARDS 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: Since the completed project will contain only five bedrooms including the A.D.U., no special demands are anticipated of city services. Water, sewer, gas, electric and all other utilities are available to the property. However, the house currently uses a well for domestic water use. The property is located within 7 minutes of all emergency services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: The purpose of the A.D.U. was to solve the very problem addressed by this standard. F. The proposed conditional use complies with all additional standards imposed on it by Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: The standard does not apply in this case. 92310122.ADU 2 -RN 20 '93 16:13 GRRHRM &JRMES P•2 TRANSIERRA CORPORATION c/o Graham & James 525 university Avenue Fourteenth Floor Palo Alto, CA 94301 -1977 Telephone: 415/327 -05 January 20, 1993 PTA FACSINTLE Ms. Kim Johnson Aspen /Pitkin Planning office 130 South Galena Aspen, CO 81611 Res A.D.U. Special Review. stream Margin Review Dear Ms. Johnson: This letter will confirm that the following named firm has been authorized to act on behalf of Transierra Corporation in connection with its request for an Accessory Dwelling unit special review and a Stream Margin review for Lot 7, Block 1 of the Red Butte Subdivision: Bill Pose & Associates 605 East Main Street Aspen, Colorado 81611 Tel: (303) 925 -4755 Sincerely, TRANSIERRA CORPORATION, a Colorado corporation By : a Robert E. Patterson, president REP /sm Our File: 28504.00003 "r_ PUBLIC NOTICE RE: TRANSIERRA CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 16, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Transierra Corporation, c/o Graham & James, 525 University, 14th Floor, Palo Alto, CA requesting approval of a Conditional Use Review for a 500 square foot accessory dwelling unit located in the area of the present garage. The property is located at 1410 Red Butte Drive, Lot 7, Block 1, Red Butte Subdivision. For further information, contact Kim Johnson at the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920- 5100. s /Jasmine Tygre, Chairman Planning and Zoning Commission Land Title Insurance Comp COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. E44ecti,ve date: 02/13/92 @ 8:00 A.M. Cabe No. PCT -6258 2. PotLcy on potLc2.e -4 to be £44wed: (a.)ALTA Own.en'.b Pottcy -Foam 8 -1970 Amount $ 1,310,000.00 (Rev. 10 -17 -70 E 10- 17 -84) on 10/21/87 Pn.em.ium $ 1,354.00 PROPOSED INSURED: TRANSIERRA CORPORATION, A COLORADO CORPORATION (b) ALTA Loan. Poti.cy, Amount $ (REV. 10- 21 -87) Pn.em2.um $ PROPOSED INSURED: (c)Atta. Loan Con.stw.ct.Lon. Potic -y, 1975 Amount $ (Rev. 10- 17 -84) Pnem.iwn $ PROPOSED INSURED: Tax Cent. $ 10.00 3. T.i.,tte to the FEE SIMPLE e-state on .i.n tene4.t ,in the and de scni.bed on nebenmed to in thLA Commitment .i.s at the e44e.eti.ve date hemeo. vested JEFFREY HOWARD AND LINDA HOWARD 4. The Land 4..e.6eAvt,ed to -in -tk2-- Commitment LS de sem- i.be.d a-6 hollows: LOT 7, BLOCK 7, RED BUTTE SUBDIVISION, COUNTY OF PITKLN, STATE OF COLORADO. Courttersigned at: PLTKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS Th-L4 Commitment .i4 .i.n.vatid ASPEN, CO. 81611 unLesd the Irt sw'.Ln.g 303 - 925 -1766 Pnov- L- sLorts and Schedule Fax 303 -925 -6527 A and B mme attached. Awt Zed o44Lcen on agent • RECEIVED AUG 1 2 1992 BILL POSS AND ASSOCIATES ASPEN COLORADO •