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HomeMy WebLinkAboutLand Use Case.CU.101 E Francis St.A54-93 cr CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 09 22/93 PARCEL ID AND CASE NO. DATE COMPLETE: Cfl 9 n 2735- 124 -21 -004 A54 -93 STAFF MEMBER: Inn L__ PROJECT NAME: Sbarbaro Conditional Use Review Project Address: 101 E. Francis Legal Address: Lots H & I, Block 56 APPLICANT: James Sbarbaro Applicant Address: REPRESENTATIVE: David Brown Representative Address /Phone: 300 S. Spring St, Suite 300 Aspen, CO 81611 925 -2254 FEES: PLANNING $ # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 0 TYPE OF APPLICAT ON: STAFF APPROVAL:_ 1 STEP: X 2 STEP: P &Z Meeting Date 1 PUBLIC HEARING: VIP NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: ity Attorney Parks Dept. School District City Engineer Bldg inspector Rocky Mtn NatGas 11 :re Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center p Other DATE REFERRED: 9129( INITIALS: SA DUE: 16113 )73 FINAL ROUTING: DATE ROUTED: WO j(� NITIAL: 1 _ City Atty City Engineer _Zoning( / Env. Health Housing _ Open Space _ Other: FILE STATUS AND LOCATION: ■ 1 ...-:' _ .- ,. '7 ' '''' • A -4 " ,:'' - '., g . ,. t.....1. 1 • „ ,, , , -, •,. .„., ..„ _ ” - 641111.10 1 t.__ ttt,;;;;',;;;;;;:." I r • , , • ••,..- - e41 ':' i ' • '''''',10,1.1M I • , "r" , at aramit . . - 1 . I ' ■i:1 '■11:1‘ I iii4 • t - ' I f - - 'I ■ ' - t ' a - ..,1 - -.„. • , , . oh OW. • - , . -?. ,- • w..,.... .1 , • , -_,.... .. . .,, . .,. . . k . „ 4 ..., ow_ ... .,....,..„--,, ;,,. • ' ' -----I: 1 •,...` . —...--■•.-....h. 1411 4 — t " ,t • P . ; Y.. —41 1 I V . • . 11 r'''' ■ • • -- - r, .1 1 ' . ./We ii . • V. .;.- I : • i \ - \ ' . ? ' ••,( o t P t .', '- -- ' N. ''. t ' * I .0 ..... • • . - ''. 1.. . i % b 1 ' le • . it■ . ' • , 1 1 31 Ill ' i:Mil i"... 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' I . :': a : , • . • . . 1 ,r4 .., :,..,..‘ • ,..': ' • ' ' ''..• • P.'. . • • .. . . . ' . .-, ...... . .. .. . • , ' t , • -. -. • ,. • . . '.' ': — - .. 0 STRYKER / BROWN A R C H I T E C T S, P C January 4, 1994 Mr. Bill Dreuding and Ms. Mary Lackner Aspen/ Pitkin Planning Department City Hall 130 S. Galena St. Aspen, Colorado 81611 Re: Sbarbaro Residence ADU expansion, 101 W. Francis, Aspen Dear Bill and Mary: My Clients, the Sbarbaros, would like to slightly increase the size of the approved Accessory Dwelling Unit. The increase of 3' x 17'-4 1/2" adds approximately 52.14 FAR Square Feet to the existing approved 375.9 sf "net livable" area. Enclosed are copies of plan details and an Area Calculation Summary for the proposed modification. The additional area appears to remain short of the allowable area (FAR) due to the FAR bonus for the ADU, and well short of the maximum 700 sf allowed for ADU's. I had brief conversations with Kim and Leslie and understand that this minor modification is OK. Should you like to meet to review this or the plans currently in your IN BOX, please call. Sincerely, --pcfma /4o., ft TV pit 7 �4 , David P. Brown I q ')'\ aY: a t ; t 3 0 0 5 . S P R I N G S T R E E T , S U I T E 3 0 0 A S P E N C O L O R A D O 8 1 6 1 1 3 0 3- 9 2 5 2 2 5 4 9 2 5 2 2 5 8 (FAX ) C sbarbaro sd area summary '✓ Area Calculations revised 1118.93 }zTO PP SF FAR sf 1st Floor 1425.8 1425.8 2nd Floor _ 1351.93 1351.93 Basement 1518.3 19.85 sub-total heated 4294.03 2797.58 Garage /Bikes 527 527 Porch area under overhangs >3' 52.5 Sub -Total I 3377.08 ADU (Accessory Dwelling Unit net livable s.f. i x I 1 2 [� second floor 345.9 ..f y , \ first floor 30 total al net livable 375.9 total PAR S 3377.08 -1St • V *; 3 Zq,Z basic FAR 3240 FAR Bonus ALLOWED 50% of ADU •, 187.95 4260,01°4r- 1/,, t. H 07 sr TOTAL FAR ALLOWED 3427.95 + 'Up, of = ?2 FAR not used at this time 50.87 24. SOGIF Ut4 U -Q Page 1 MEMORANDUM TO: Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Sbarbaro Conditional Use for an Attached Accessory Dwelling Unit - Public Hearing DATE: November 16, 1993 SUMMARY: The Planning Office recommends approval of the Sbarbaro Conditional Use for a 320 sq.ft. attached accessory dwelling unit with conditions. APPLICANT: Bonnie K. Sbarbaro. LOCATION: 101 East Francis Street, Lots H and I, Block 56, City and Townsite of Aspen. ZONING: R -6 Medium Density Residential. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to build an accessory dwelling unit within a new residence pursuant to the housing mitigation requirements in Ordinance 1, Series 1990. The site contains an existing single family residence that will be removed to accommodate the new development. The studio accessory dwelling unit will be 320 sq.ft. and will be located on the second level of the structure. Please refer to application information, Exhibit "A ". REFERRAL COMMENTS: Comments from the Engineering Department are included as Exhibit "B" and Housing Authority comments are included as Exhibit "C ". 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; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying 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; and O Response: The accessory dwelling unit is compatible with the with character of the surrounding neighborhood, which consists of several neo- victorian homes, the Givin Institute and the Red Brick School. The unit will not be visible as a distinct unit from the exterior of the Sbarbaro 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; and Response: The accessory dwelling unit will be completely contained within the proposed residence. Four parking spaces are provided on -site. No parking is required to be provided for the studio accessory dwelling unit. The principal residence will contain two bedrooms and an unfinished basement. The proposed ADU will have a covered exterior stairway for access. City Engineer, Chuck Roth has indicated that the applicant's proposed driveway does not meet City code requirements. Staff has made driveway compliance a condition of approval. 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. The applicant has proposed a roof design that will shed snow away from the ADU's exterior stairs. 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; and Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The applicant is donating the existing residence to the Aspen Winter Club to be used for affordable housing. This residence will be moved to another location for this use. The proposed ADU will satisfy the requirements of Ordinance 1 for a new single family residence. The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. 2 • J F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Comprehensive Plan and all other applicable conditional use standards. NOTE: As this accessory dwelling unit is 100% above grade, the main structure is eligible for a floor area bonus per Ordinance 1. STAFF RECOMMENDATION: Planning staff recommends approval of the Sbarbaro Conditional Use for a 320 sq.ft. studio accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen /Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall revise the driveway to meet the requirements of Section 19 -101 of the Code, prior to issuance of a building permit. 6. 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 a 320 sq.ft. attached accessory dwelling unit for the Sbarbaro residence at 101 E. Francis with the conditions recommended in the Planning Office memo dated November 2, 1993." 3 Exhibits: "A" - Application Information "B" - Engineering referral memo "C" - Housing referral memo 4 r EXHIBIT "A" SBARBARO RESIDENCE 101 E. Francis Aspen, Colorado st LOCATION MAP �1> R AN '1 . % Ali 1 ` ° al Te : ... i� N'- a+' , 4 Avon fib d . 1, ,, / _ 401. °" r a 1 Hallam .' viral* II i i � /a # � r isme ". Aspen lb STRYKER/ B ROWN ARCHITECTS, pc 300 S. Spring Street Aspen, Colorado 81611 925 -2254 fax: 925 -2258 / vD LII Z F g O Z t it t MYJI 01 Jll•s eFF IIA�_ y \ \� I M!1 I Mil t Yi 11 w < \F• t <s i lt I .5 3 ' el N M ty \l !E.:: ., a ,,,,../ ,., 2 9. / • Il k. Oil in its., , . 2 'jai ♦ 1 ' �y > �� ♦♦� I i 2 ] ` ; I :. • la 3 .0■ 128 I i' 1 8` �� lin, . i�I a ' Vwffri6; .1. l ° -- /The p!!!, I --� imi • � 1 Iww•w t 11 s , I t ... p ,_ ' on g Adli - i 4 ' 'P� , on ••• ve K Y .1TT T1 Y !Y .'. MO PO 1` " Y 1 ` 3Y .1.11 • c o SBARBARO RESIDENCE, 101 E. Francis, Aspen, lots 11+I, block 56 Attachment 4 Review Standards: Accessory Dwelling Unit Conditional Use Permit Application 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 The Conditional Use, Accessory Dwelling Unit, is consistent with the Aspen Area Comprehensive Plan and the R-6 zone district. This ADU uvib provide potential resident housing within walking distance to mass transit (reduced auto impacts) and community services, enhancement of the West End pedestrian system, and promote Environmentally Sustainable Development (energy efficient attached dwelling close to services), lifestyle diversity, in a structure designed to be wmpatible with the Historic resources of the West End. The ADU will provide about 400 s( of net liveable space in an "efficiency' configuration. The unit will comply with Housing Authonty guidelines and the requirements of Ordinance 1. The Owner will probably rent the unit to a local resident in exchange for some light caretaking responsibilities. 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 ac- tivities in the immediate vicinity of. the 'parcel proposed for development; and The Conditional Use, Accessory Dwelling Unit is consistent and compatible with the character of the West End of Aspen, the immediatly adjacent pseudo /quasi- victorian Minn, and the adjacent and surrounding use (Redbrick School, Givin Institute). The ADU will not increase the mass or bulk of the Single Family House and the stairs to the unit is enclosed to reduce negative impacts of winter conditions. The new house will be MORE compatible with the neighborhood character than the existing house. C. The location, size, design and operating characteris- tics of the proposed conditional. minimizes adverse effects, including visual impacts, impacts on pedes- trian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and The ADU and principal residence of this structure will minimize visual, circulation, parking, trash and service, and noise impacts on surrounding properties. An off street parking space rs to be provided for "storage" of vehicle, however the location of the residence will allow pedestrian access to town, services, and Main Street bus routes. Trash will be contained within the garage which will be accessed from the side 'garage" door by a keypad operator. 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; and There are existing utility services to a home on this site. The existing home is to be replaced with a new slightly larger home (3 bedrooms plus ADU new vs. existing 2 bedrooms). There are adequate public and munwipal services to service this expansion. E. The applicant commits to supply • affordable housing to ' meet the incremental need for increased employees generated by the conditional use; and The existing home is being donated to a local non-profit (WinterClub) to be used for local affordable housing, and replaced with a new larger home including an ADU which together will more than meet the incremental generation of employee housing created by the expansion of the existing residence. (3 bedrooms plus ADU new vs. existing 2 bedrooms). •F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require- ments.of this chapter. The Conditional Use Accessory Dwelling Unit complies with all additional standards imposed by the Aspen Area Comprehensive Plan and other requirements of the Zoning code. 1 ' — 3 ‘' 1 1 ! i .0 1 S . T Z 0 C o_ ii H 1 1 1,u ! H p labs tri i 0 ii !,. 1 ffl - -----4 1 1 1 y , , , I it �•,, „,,.i, 0 i 6 1 Ii'� �I I N * A I I1 n tie _ 1 r ■YI MMIlle' l'' nu :. �_" � • 1 II In 1 • IDI' - i >UIIIU 1 1 11111111' is ' 1 ;I I 1 .ill I; '1, 11 _ �.-_ . -1---. I J � N 3 -x - ! 0 d 3 c... 3 Q s s Z S Z 8 � S fD og as 3. �• I1� W co • r �' .lia G C1Q O ' -3 ! 1 I in , - — -1 i i, 'IT ;,.. I u W W a I I id COI it ,v --3 ; 1 1 i 10. z I � Crepe �i I - - R I o 1 UMW i01ii - 1 L h J I I !u. i s - ' 1 1 I IS 11.1, . 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I, I II ,- -- - _w i = 3 a a� s v tvt \ r I 1 Q .� c II H I r II C II 1 1 O 1 Z - - 1 I II . 1 H I J - I � Z J 0� tO II I i j 9 wie- ! :' f I - r - J 1 11 I _ �� I ► „C , I- -r If I H 1 f ' ( t JR , ' 1 I +-----i ,if I f I I �� h I 'k It 4g -t 1 > Z-- Z , , . z -- _, , _ . .-z. g AM d - PUEBLO CARDIOLOGY ASSOCIATES, P.C. CARDIOVASCULAR DISEASES Christian $I»mhokm, M.D., F.A.C.C. Jock A. Boerne" M,D., F,AC.C. James A. Sborbaro, M.D., F.A.C.C. John M. Star-Met M.D., F.A.C.C. Stephen D. MacKorrow. M.D. 459 west 17th 1926 E. Oran, Suite A640 Pueblo, CO 81003 Pueblo. CO 51X4 (7)9) 6444663 (719) M4.1544 September 21, 1993 Mr. David Brown c/o Stryker /Brown Architects Aspen, Colorado Dear Mr. Brown: This note is by way of formal confirmation of the fact that you are my representative for the purpose of placing an accessory dwelling unit in my new home in Aspen. Thank you very much. Sincerely, • James A.'lcbarbaro, M.D., F.A.C.C. /bkb / K 1�. Retarded at o'clock_ .M. Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: GENERAL wAR ANTY DEEQ L. ANTHONY GREENBERG, AS TRUSTEE OF THE 1983 EDITH GREENBERG TRUST, a California Inter Vivos Trust, as Grantor(s), for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to BONNIE K. SBARBARO, as Granter(s), whose address is 329 CarliIe Avenu4 Pueblo, Colorado 81004, the following real property in the County of Pitkin, State of Colorado; to wit: • LOTS H AND I, BLACK 56, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. with all its appurtenances and warrants tide to the same SUBJECT TO AND EXCEPTING: 1. Taxes for the year 1993 due and payable in 1994 and all subsequent years not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 49 at Page 298 and Book 59 at Page 155 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws'. A Signed this day of April, 1993. L /Ahthoft r�r` g of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust STATE OF CALIFORNIA ) _ yy /f1 ) ss. COUNTY o} g;' c -dc- The foregoing General Warranty Deed was acknowledged before me this day of April, 1993 by L. Anthony Greenberg, as Trustee of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust . Witness my hand and official seal. My commission expires: 41x/S Notary Public co a t , _nit m .. )h n \greenberg awd aplNrlaLLe HAA RIFT ST — EXHIBIT "B" MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, City Engineer er g_ Date: October 14, 1993 Re: Sbarbaro 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 - The applicant has provided an on -site parking space for the accessory dwelling unit, therefore parking is not an issue. 2. Driveway - The driveway as shown does not meet the Code requirements of Section 19 -101. The maximum width of a curb cut for a lot with 60' -0" frontage is 10' -0 ". The applicant is referred to that Code section for other curb cut design data, such as distance from corner and distance from adjacent driveway. 3. Development in the Public Right -of -way - Given the continuous problems of unapproved work and development in public rights -of -way, we advise the applicant 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). The Pedestrian Walkway and Bikeway System Plan is the approved guideline for development in the public right -of -way between the private property line and the curb or edge of pavement. Approval of building permit plans does not constitute approval of design or work in the public right -of -way. cc: Bob Gish, Public Works Director M93.237 EXHIBIT "C" MEMORANDUM ill.: 2 b TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: October 26, 1993 RE: BBARBARO CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 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 shall 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. Per the applicant's calculations, the accessory dwelling unit is to be 400 square feet, contain a bathroom, a kitchen, and have a private entrance, which meets the minimum Housing Office Guidelines. 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 (ether attached or detached), patios, decks and porches. The exact net liveable square footage will have to be calculated for the deed restriction. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. A copy of this form can be obtained from the Housing Office. Word \referral \sbarb. ref B si11+78' \ ••••r•o•••■••••••••••••... r.�• •••••••••••• 1 Y1 111U 1NN11 1.1 Pr il a � , 1 2 • xr ali sip heights sign ail heights EXERCISE 7 9 4.1 Cdling +8 ROOM a'0 II carpet all rooms • , on second floor 111 4 ,'N ;1 ;1;1 ;IY;1; y,E1,0 :01 :1 1 10 1 i! 1 4 4' -01 0. 5.9 4' - 214' C 7414' I ` 5 88 sliding smoke detector on ;r a ceiling in hail a lE rill MO 1C! ROAM 24 de x � x • , handrails »a-0 Hall 28x58 5 ' E 2, E'8 1'0 • g , P Lack • .•Wee. -- DeadBdt l bothskies II �— �N Tis. 1. 1. a.• a.•.•• rr• s: 1c1:1 : c•�11i:c1ilzu.••:1 »�1:4 :1 1 � � Vaulted 1 1 o 2 ; Cametthi P. N • N 1'-2314 2-5' � ti ` N a 11 4 ' V. ��1 1 rn A � i x .t'. ao ell ■ * 4 4 �-i INN E - � Accessory 1 � � BA'I � - 1 s O • Dw elling Unit 1 ii . Y t hour walls, Roar % de i 1 4 ,i I I Aa and rouaticsl Bags h Walls x 1 1 1 / y Roar 3 1 ; p v �— `' g a y 8 ceiling / ,, His , Kitchenette I -----> -----> III a : 1 CIO" � ,$ . - S' r/s !; E � a' .0 X 1 1 1 3 1 •:ec•�:••:•:•:•:e• 14 111 j 1 so 01 111 � l • 1 — N 1 1 4 1 ,1, o O. I Her . Li 2 -4x5.8 24'TB• �' l� 1 closet �1 J I. 1 ''t ��1�1;�� l ;1;1 ;1:1,0:0: 1;1'1'1'171'1;1;1;1;1;1'1.,,• n ssiilI+2 tot; Kell +4'8' t l M i 11 DN �' '', BATH 3 g Agog 1) ..4.. — . 1 1 111 11 -214' d8 4' 3' -7 4' s'-4 3/a' r^ PUBLIC NOTICE RE: SBARBARO CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 2, 1993, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission in the Second Floor Meeting Room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by James and Bonnie Sbarbaro, 101 E. Francis Street, Aspen requesting Conditional Use Review approval for a 400 square foot accessory dwelling unit to be located in the new residence at 101 East Francis Street. The property is more specifically described as Lots H and I, Block 56, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen Pitkin Planning Office, 130 S. Galena St., Aspen, CO. 920- 5106. s /Bruce Kerr, Chairman Planning and Zoning Commission 7n : C-,,c � - 9 /ao1T3 0 S TRYKER/ B ROWN A R C H I T E C T S , P C MEMO TO: Planning and Zoning Commission Mary Lackner Aspen /Pitkin Planning Department FROM: DAVID BROWN DATE: November 1, 1993 RE: AFFIDAVIT OF PUBLIC NOTICING Sbarbaro Residence Accessory Dwelling Unit Conditional Use Review I have sent notice to neighbors and posted the site with a notice of the public meeting for the Sbarbaro Conditional Use Review per the "Attachment 5, Public Hearing Notice Requirements" issued by the Planning Department. 17 4M fo / Z ,SShl'E * J4te-5 g'J ' 300 SOUTH SPRING STREEt SUITE 300, ASPEN, COLORADO 81611 301925.2254 925.2258 (FAX) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Vincent J. Higens , ASPEN, COLORADO 81611 Christina Davis President 303 - 925 -1766 : 303 - 925 -6527 FAX Vice President 300' OWNER'S LIST Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of Lots H & I, Block 56, City and Townsite of Aspen, as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to October 01, 1993. NAMES AND ADDRESSES TAR SCHEDULE NUMBER PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF wvo P cSh SP--- 't J AUTHORIZED SIGNA E • © 0 • Attachment 5 • ' Public Hearing Notice Requirements There are three' forms of, notice required by the Aspen Land Use Regulations, these being notice.by publication in the newspaper, notice by posting of the property and notice by mail to surrounding landowners.. You can determine whether your application requires notice, and the type of notice it. requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identifying who is responsible for completing the notice. 1. Publication Publication of notice in a paper of general circulation in the City of Aspen is to be done at least 15 days prior to the hearing. The legal notice will be written by the Planning Office Administrative Assistant and we will place the notice in the paper within the appropriate deadline. 2. Posting Posting of a sign in a conspicuous place on the property is to be done 10 days prior.to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the. Planning Office, to fill it in correctly and to bring proof (preferably a • photograph), to the hearing that posting took place. 3. Mailing Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Planning Office, to mail it according to the following standards, and to bring proof to the hearing (in the form of a signed affidavit) that the mailing took place. Standards for notice shall be as follows: - a. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice 15 days prior to the hearing. b. All other .landowners within 300 feet of the subject property must be mailed notice 10 days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent 5 days prior to the hearing. c. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and - lessees of mineral owners of the.subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date of public hearing. JULIE WYCKOFF C tIT K, WYCKOFF CARLEY 134 WEST HOPKINS AVENUE ASPEN CO 81611 KLL COMPANY LOTS K, L, M & N, BLOCK 56 P.O. BOX 3129 ASPEN CO 81612 MARIA SEGALL LOT A, W 4.86' LOT B, BLOCK 65 101 E. HALLAM STREET ASPEN CO 81611 PAUL A. FABRY LOTS A & W/2 LOT B, BLOCK 56 1127 BOURBON STREET NEW ORLEANS LA 70116 REGENTS OF THE UNIVERSITY OF COLO. METES AND BOUNDS GIVEN INSTITUTE OF PATHOLOGY 100 E. FRANCIS STREET ASPEN CO 81611 RICHARD B. JOHNSON LOT D, E 22' LOT C, W 7' LOT MONTAE IMBT E, BLOCK 65 6820 BRADBURY DALLAS TX 75230 STEVEN E. TISCH LOTS 0, P, Q, R & S, BLOCK PATRICIA K. TISCH 56 14454 SUNSET BLVD. PACIFIC PALISADE CA 90272 THOMAS E. CONGDON LOTS R & S, BLOCK 48 NOEL R. CONGDON 1010 DENVER BUILDING DENVER CO 80203 WALTER P. PAEPCKE LOTS K & W1 /2 LOT L, BLOCK C/O HOLLAND & HART 55 600 E. MAIN STREET ASPEN CO 81611 WILLIAM R. MANCLARK E1 /2 LOT L, ALL LOT M, BLOCK DARLEEN J. MANCLARK 55 313 E. BAY FRONT BALBOA ISLAND CA 92662 ASPEN SCHOOL DISQICT RE -1 LLS A - I, K - S, BLOCK 57 BUSINESS OFFICE, 0235 HIGH SCHOOL ROAD ASPEN CO 81611 ASPEN SCHOOL DISTRICT RE -1 LOTS A - I, K - S, BLOCK 64 BUSINESS OFFICE 0235 HIGH SCHOOL ROAD ASPEN CO 81611 CLARENCE 0. QUAM, AS TRUSTEE E1 /2 LOT B, ALL OF LOTS C, HILDUR ANDERSON, AS SUCCESSOR TRUSTEE D & E, BLOCK 56 P.O. BOX 554 ASPEN CO 81612 DONALD PAUL KRUMM LOTS B & C, BLOCK 65 P.O. BOX 874 ASPEN CO 81612 ELIZABETH H. PAEPCKE LOTS A - I, BLOCK 55 C/O HOLLAND & HART 600 E. MAIN STREET ASPEN CO 81611 F. GEORGE ROBINSON LOTS Q, R & S, BLOCK 49 P.O. BOX 5243 DENVER CO 80217 GEORGE A. VICENZI LOTS F, G, H & I, BLOCK 49 P.O. BOX 2238 ASPEN CO 81612 JAMES V. REDD LOTS F & G, BLOCK 56 LOUIS N. SCHOLNIK 1901 NW 62ND STREET, #415 FORT LAUDERDALE FL 33309 JERALD M. BARNETT LOTS N, 0 & P, PART OF LOT M 1000 N. STATION STREET BLOCK 55 UNIT 514 PORT ARANSAS TX 78373 JUDITH ANN BILLINGS UNIT L, WYCKOFF CARLEY P.O. BOX 12315 ASPEN CO 81612 0 ASPEN • PITKIN November 10, 1993 PLANNING & ZONING DEPARTMENT Mr. David Brown Stryker Brown Architects 300 South Spring Street, Suite 300 Aspen, Colorado 81611 Dear David, I misspoke to you last Tuesday. I had indicated to you that staff would consider accepting payment -in -lieu then refunding the money if and when an accessory dwelling unit was approved. That is not a practice this Department is going to start. Applicants are advised to make a decision, money or dwelling unit, and proceed. There are administrative costs with refunding money and liability concerns when permits are issued before final approvals. I understand that, based upon my advise, your client has just paid the cash -in -lieu and an excavation /foundation permit has been issued., If the ADU is approved at the November 16, 1993 P &Z meeting, we will refund the cash -in -lieu after we have determined that the check has cleared. If the ADU is approved there will be an additional park dedication fee for that unit, I suggest we deduct that from the money that will be refunded. Finally, Bill Drueding still, needs revised plans that incorporate the ADU. Until he signs -off on those plans no other permits will be issued. I am sorry for this confusion. As a staff we have finally • determined that accepting and refunding payments -in -lieu is not a policy we will consider at this time. Sincerely, • Leslie Lamont, Senior Planner • cc: Diane Moore, City Planning Director Bill Drueding, Zoning Officer • 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAX 303.920.5197 r .✓ MESSAGE DISPLAY TO Mary Lackner CC Diane Moore From: John Worcester Postmark: Nov 02,93 10:49 AM Status: Previously read Subject: Sbarbaro Conditional Use Review Message: In reading the P &Z material I noticed that the residence is owned by Bonnie but the authorization for representation is signed by James Sbarbaro. Has she consented to this? X NOV 04 '93 07:07 - P :2' i. :i, y e � , _ ra 3 Y C roWeitt SS J Bsvtr 21. 203 - 4 � tWA ncbiteat. . v ,_ peat S. Bra: • . say of forest firaeatifl of tbo foot that you abi.s np=eooA 0a tative tax the purpose of plosive as f dwelling uAit in sty sew boor it sera. Thank You story much. sit rab'4 . .��,,,�,�' �,� ',�.t. , raw i. :Jets A. bate, O.D., *.A.C.a, - /blab • • ■I) S TRYKER/ B ROWN A R C H I T E C T S , P C SBARBARO RESIDENCE, 101 E. Francis, Aspen lots H+I, block 56 Accessory Dwelling Unit Conditional Use Permit Application TO: Leslie Lamont, Aspen Pitkin Planning Department FROM: David Brown, AIA DATE: 9.20.93 Please find plans (attachment 3) attached for the Sbarbaro Residence which includes a proposed Accessory Dwelling Unit. Also attached are Attachement 1 (1. application form), Attachements 2 (1. Applicant's address and authorization of agency for representative; 2. Address and legal description, above; 3. Copy of Ownership Deed 4. Vicinity map 5. Written description of the proposal and how it complies with the review standard, i.e.: Attachment 4 The net usable area for the proposed unit is 400 sf. The unit is below grade and no additional bonus FAR is being applied for. Please let me know if you need additional information, the scheduled date for P+Z review, and when the Posting Notice is ready for pickup. 300 SOUTH SPRING STREET SUITE 300, ASPEN, COLORADO 81611 303.925.2254 925.2258 (FA)) • C , , ? / O■ 0 /Q3 CITY OF ASPEN 4 l PRE- APPLICATION ONFERENCE SUMMARY `1 /� PROJECT : 4) 037 he A t AL) ( } APPLICANT' S REPRESENTATIVE: _ &L,1 )4 ,, )' Q{�, REPRESENTATIVE'S PHONE: p 5 ` a S OWNER'S NAME: ' 61 E'1‘n' -t k , ' n. n C o -ii.6 {n SUMMARY 1. Type of Application: A)s__,moq ..m. 0 Is 2. Describe action/tine of development being request-.: f, nn AP gii, X 1 1 Ilk se, . `` -1 *' • ' � 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comments 1. - hVCS - 4. Review (P &Z Onl ) (CC Only) (P &Z then to CC) 5. Public Hearing: �� (NO) 6. Number of copies of the application to be submitted: 3 7. What fee was applicant requested to submit: IA1 4 ,1� i 4 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: frm.pre app C „sir SBARBARO RESIDENCE 101 E. Francis Aspen, Colorado Perk 1 \ LOCATION MAP 0 n nr in . AN A "my Q ` Creek d� A La a 9y To:,::M �a� .. _ . ' 6 o Ass N.A. i S . Huse I s� @ i # Mn� P 1 rM 4, Pi x , °§�1- Hallam T qr }e> y 'fb e . - Lake ° �� ` ,cam � *�1�� f 440 i v 1 Aratgartiral-k 41/2.. LI R-at .8, Aspen Is e ii Lake r Flane i e SC in., 6}t s b � �� D STRYKER/ B ROWN ARCHITECTS, pc 300 S. Spring Street Aspen, Colorado 81611 925 -2254 fax: 925 -2258 0 STRYKER/ BROWN Architects, PC 300 South Spring Street pp��pp��n Colorado 925.2 *54 tar 925.2258 THORACIC • PARK `t Sbarbaro � •� Residence 101 E. Francis IoM Aspen, Colorado 4 4. .= II sinks II 1.00- to.u.„ ��. REVISED 10.14.93 t 1II ,- v MASTER SECOND BATH FLOOR ye t PLAN NORTH A1.4 SEP -21 -1993 15 11 FROM PUEELO CARDIOLOGY ASSOC TO 13039252258 P.02 0 3 PUEBLO CARDIOLOGY ASSOCIATES, P.C. CARDIOVASCULAR DISEASES Chrtsflan Stlemholm, M.D., F.A.C.C. Jack A.Boernes M.D., F.A.C.C. James A. Sbarbato, M.D., F.A.C.C. John M. Stachler, M.D., F.A.C.C, Stephen D. MoCKsuoW. M.D. 459 West 17th 1925 E. Orman, Sults A640 Pueblo, CO 81003 Pueblo. CO 81004 (710)844.3M (710) 5A4.1 September 21, 1993 Mr. David Brown c/o Stryker /Brown Architects Aspen, Colorado Dear Mr. Brown: This note is by way of formal confirmation of the fact that you are my representative for the purpose of placing an accessory dwelling unit in my new home in Aspen. Thank you very much. Sincerely, James!A.tSbarbaro, M.D., /bkb i U 0 m Ra d fg �1'�j 1 Ov •._ cu to g N F- 1 V cv y� C? �rl E • g _" `� o x1 11 � 3. r & --- M 4 i t i I' I fm. y e I w O 6g 11 i d l 1 § iom Y S a til 1,. r., O val •a ' -� m A • 6111 LIS II 1 m d° a it A 7 to in F i Ma tl , � 5 I �1 ji L q g u S i� . R i V N i �:.� h 11 I b � � d 1 !II a ! - 1 H C ' - 1. I e Le 1 MUM i� ! Pt e q•� i4 F d 4 $ It s IIII3II j a I 0. •IF I L afTWZ,KOIRDIMXICAMES :, a E. t 11 it yam! 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El a l d e MI or: ea ri6 �.: T .1 Hill o � �`� 1 � .-ii iii: 1 ;i ; �iw �Q :` ; lil t . 1 ! =� J IItIII f — _ — = z i - - cau.- 1 it I --- • •'�; ICI mil m 1L__JL____J, 1 ' d Cg �•:IIIOUR WI-- ;1 21�1J1 �l j 1 w _, .I, I i W + a �l q I I E'' L cn 44 • � . -.'� L. .3 `fir" >r. _. :A\ .i ..! \III I 1 I I I ' = y Ili I � !� _ ` r --T II 1 I� t 1 !l � I' _ 1._______+ I 'I�I f - - Q II, ll I ,��, I, K - I ' IIr ///��� I I - - ,1� l iJ I T ' TA c ' I L--_-_--14 `4st tt C; I 1 LJ Ad, I II 1 -- z 1 0 I H I ; I '1 a II w 11 E- 11 u) � w RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDITIONAL USE APPROVAL FOR AN ATTACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE AT 101 EAST FRANCIS STREET (BLOCK 56, LOTS H AND I, CITY AND TOWNSITE OF ASPEN) FOR BONNIE SBARBARO Resolution No. 9373k WHEREAS, pursuant to Section 24 -5 -510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of this Section; and WHEREAS, the Planning Office received an application from Bonnie Sbarbaro, represented by David Brown, for a Conditional Use review for an approximately 320 sq.ft. accessory dwelling unit within the second floor of the proposed single family residence; and WHEREAS, the new single family residence is replacing an existing residence on the parcel and the accessory dwelling unit is being provided as affordable housing mitigation as required by Ordinance 1, Series 1990; and WHEREAS, the proposed unit is 100% above grade, therefore the site is eligible for an FAR bonus pursuant to Section 24 -3 -101; and WHEREAS, a public hearing was conducted on November 16, 1993 at a regular meeting of the Aspen Planning and Zoning Commission in which the Commission considered the applicant's request and voted 5 -0 for approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Sbarbaro Conditional Use for an approximately 320 sq.ft. net livable accessory dwelling unit is approved, subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen /Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to the 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 accessory dwelling unit shall be clearly identified as a separate dwelling unit on the building permit plans and shall comply with with U.B.C. Chapter 35 sound attenuation requirements. Resolution #93 - Page 2 4. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 net livable square feet as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 5. The applicant shall revise the driveway to meet the requirements of Section 19 -101 of the Aspen Code, prior to issuance of a building permit. 6. 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. APPROVED by the Commission at its regular meeting on November 16, 1993. Attest: Planning and Zoning mmission: C elt/ 6244/1/4-- Jan; Carney, W. Bruce Kerr, De$iuty City Clerk Chair SEP -21 - 1993 16:11 FROM PLiEBUJ CARDIOLOGY ASSOC TO 13639252258 P.03 p , DILL 07 SaLZ L. ANTHONY GREENBERG, AS TRUSTEE OF THE 1983 EDITH GREENBERG TRUST, a California Inter Vivos Trust, for TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and confessed, has bargained and sold and by these presents does transfer, grant, convey, and assign to Bonnie K. Sbarbaro, her heirs, representatives, successors and assigns, the following goods and chattels to wit: AS PER THE INVENTORY T.TSTRT) ON EXHIBIT "A" ATTACHED HERETO Said gaodic and chattaln are located in Aspen, Colorado, at 101 West Francis Street. The undersigned does covenant with Bonnie K. Barbaro to warrant and defend the sale of said goods and chattels against all persons whomsoever. Signed this _ day of April, 1993. :Ai a _ r een erg, as Trustee of t he 1983 Edith Greenberg Trust, a California Inter Vivos Trust C ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX! (303) 920 -5197 September 29, 1993 David Brown Stryker /brown Architects 300 South Spring St., Suite 300 Aspen, CO 81611 Re: Sbarbaro Conditional Use Review Case A54 -93 Dear David, 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 at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, November 2, 1993 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 mailing notice to property owners within 300' and to post the subject property with a sign. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the hearing. If you have any questions, please call Mary Lackner the planner assigned to your case. Sincerely, Debbie DuBord Office Manager /fr7, .,.1 9) i G o n - tee 6.0110P Pi • Er11PIT o South Gal b Asp 130 5 Colorad 920 - 51 91 Aspen, 81611 F phone 920_ ME MORANDUM City Engineer or Unit TO: goosing Lackner, Planning Office for a Accessory Dwelling n Mar La Use R FROM Con ditiona l gbaxbaro es RE: September 29, 1993 application s ubmitt ed Accessory Dwel, ng Attache DATE is an DA c omme nts and for your re view ition 1 Use Review approval for an on 13, 1993. S ba ba ° requesting Conditional than October Unit. return. comments to me n0 later Please reo Thant y o'clock =•M Recorded at Recorder Reception No. RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: GENERAL_WsRRANTY DEM L. ANT HONY GREENBERG, AS TRUSTEE OF THE 1983 EDITH GREENBERG TRUST, a California Inter Vivos Trust, as Granter(s), for TEN a ($1 BONNIE Kr goo and valuable consideration, in hand paid, Y sell SBARBARO, as Grantee(s), whose address is 329 Carlile Avenue, Pueblo, Colorado 811104, the following real property in the County of Pitkin, State of Colorado; to wit: ASPEN. COUNTY OF BLOCK OF ITKIN, STATE OF COLORADO. with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. Taxes for the year 1993 due and payable in 1994 and all subsequent years not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 49 at Page 298 and Book 59 at Page 255 providing as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". Signed this day of April, 1993. L /Ahthoti treen g, as rustee of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust STATE OF CALIFORNIA ) yy, ) ss. COUNTY OFtTS.:.> (1«71r, The foregoing General Warranty Deed was acknowledged before me this ^ \ day of April, 1993 by L. Anthony Greenberg, as Trustee of the 1983 Edith Greenberg Trust, a California Inter Vivos Trust. Witness my hand and official seal. My commission expires: &1/4 f yi Notary Public mjhlre \,reenberg.gwd IL Record and Return to: Chase Manhattan Personal Financial Services, Inc. 1900 Corporate Blvd., NH, Suite 110 Spelt Raton, FL 33431 Title Order 0 PCT- 7418C5 Lean 0 314163 - — Moses anev• The unit rot /,canting newt DEED OF TRUST THIS DEED OF TRUST ('Security Instrument ") is made on APRIL 15 1993 , among the grantor, BONNIE K. SBARBARO ("Borrower), the Public Trustee of PITKIN County (Trustee "), and the beneficiary, CHASE MANHATTAN PERSONAL FINANCIAL SERVICES , IN So existing , which is under the laws of Delaware , and whose address is 201 North Mill Street, .Suite 103, ASPEN, CO 81611 ("Lender). Borrower owes Lender the principal sum of FIVE HUNDRED FIFTY THOUSAND AND NO /100 Dollars (U.S. S 550, 000.00 ). This debt is evidenced by Borrower's note dated the some date at this Security instrument ('Note), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1, 2008 . This Security Instrument secures to Lender: (a) the repayment of t debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced trader paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and convoys to Trustee, ie trust, with power of tale, the following descr property located in PITKIN County, Colorado: TATS R AND 1, BLOCK 56, CITY MD TOWNSITE OF APSEN, COUNTY OF PITKIN, STATE OF COLORADO. • • which has the address of 101 WEST FRANCIS STREET > ASPEN [SWIM tem Colorado 81611 ("Property Address); Inp1 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property.' BORROWER COVENANTS that Borrower is :awfully seised of the estate hereby conveyed and has the right to arms' - " _ :any the Property and that the Property is unencumbered, except for encumbrances of record. Borrower and will defend generally the title to the Property against all claims and demands, subject In any encumbrances ad. , URJTX INSTRUMENT combines uniform covenants for national use and non - uniform coversatt with ''' isdiction to constitute a uniform security instrument covering real property. Mee /rrvldte Mae UNIFORM INSTRUMENT Perm 3001 Wee (papa 1 of 4 pages) SBARBARO RESIDENCE 101 E. Francis, Aspen, lots H+I, block 56 Attachment 4 Review Standards: Accessory Dwelling Unit Conditional Use Permit Application 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 The Conditional Use, Accessory Dwelling Unit, is consistent with the Aspen Area Comprehensive Plan and the 12-6 zone district. This ADLI will provide potential resident housing within walking distance to mass transit (reduced auto impacts) and community services, enhancement of the West End pedestrian system, and promote Environmentally Sustainable Development (energy efficient attached dwelling close to services), lifestyle diversity, in a structure designed to be compatible with the Historic resources of the West End. The ADLI will provide about 400 sf of net liveable space in an "efficiency" configuration. The unit will comply with Housing Authority guidelines and the requirements of Ordinance 1. The Owner will probably rent the unit to a local resident in exchange for some light caretaking responsibilities. 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 ac- tivities in the immediate vicinity of. the parcel proposed for development; and The Conditional Use, Accessory Dwelling Unit is consistent and compatible with the character of the West End of Aspen, the immediatly adjacent pseudo /quasi- victorian homes, and the adjacent and surrounding uses (RedBrick School, Givin Institute). The ADU will not increase the mass or bulk of the Single Family House and the stairs to the unit is enclosed to reduce negative impacts of winter conditions. The new house will be MORE compatible with the neighborhood character than the existing house. C. The location, size, design and operating characteris tics of the proposed conditional. use minimizes adverse effects, including visual impacts, impacts on pedes— trian and vehicular circulation, parking, trash, sery ice delivery, noise, vibrations and odor on surrounding properties; and The ADLI and principal residence of this structure will minimize visual, circulation, parking, trash and service, and noise impacts on surrounding properties. An off street parking space is to be provided for "storage" of a vehicle, however the location of the residence will allow pedestrian access to town, services, and Main Street bus routes. Trash will be contained within the garage which will be accessed from the side "garage" door by a keypad operator. D. There are adequate public facilities. and services to serve the conditional use including but not limited to parks, roads, potable water, sewer, solid waste, p , police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and There are existing utility services to a home on this site. The existing home is to be replaced with a new slightly larger home (3 bedrooms plus ADLI new vs. existing 2 bedrooms). There are adequate public and municipal services to service this expansion. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and The existing home is being donated to a local non -profit (WinterClub) to be used for local affordable housing, and replaced with a new larger home including an ADU which together will more than meet the incremental generation of employee housing created by the expansion of the existing residence. (3 bedrooms plus ADU new vs. existing 2 bedrooms). .F. The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require - ments•of this chapter. The Conditional Use Accessory Dwelling Unit complies with all additional standards imposed by the Aspen Area Comprehensive Plan and other requirements of the Zoning code. UNWORN( COVENANTS clorrover and Lender cryvcnant age dK«s. er.- _. „. en due the rind al re and m[cresr 1. Pryr(uent of Principal and lowest; Prepayment end Lite Charges. borrower shall piu.uptir pay h f f on the debt evidenced by the Note and any -payment r 1 and e ch o g to a w•ri the Note. by L r, Borrovcr stall eery to Lender on the day n. Funds for Taws and Insurance. Note, until to app ! yearly taxes and assessments which may attain monthly payments are doe under the V, on the Note is ty (n l a sum b yearly (-Funds”) rrtenls or ground rents on the Property, if any; (c) yearly priority over this Senr6ry Instrument as a sell on the Property, (b) to P ' ear mortgage insurance premiums, if any and (f) hazard or property insurance premiums; (d) yearly flood insurance premiums, if any, (e) y y any sums payable by ant o f mortgage insurance it are rewer to Lendot, in accordance with the an collect ragm of the i old Punde in er not to exceed the insurance amount a lender for a federally are related mortgage L n r ey. Y PA' un less another' law that applies to the Funds sets a m a ner or a relaed mage ]call may regal t for Borrower's escrow account under the federal Real Estate Settlement Procedures amount tt of a, 1974 L es amended from to Lima 12 L' Funds a seq. ant n )• _ l �u o Funds due o th e basis of currentc collect d reasonable u es st timate.< of expenditures of future Elate/ ftemts Lender may estimate the in accordance with applicable law. an institution whom or entity Lender, if _ p Y ow It Londez m ay nor The Funds shall be held i whom deposits are e nsur ed by a federal agency i nsttumerttality, ty Lender is r row t it holding g and m an Federal theFund , annually analyzing naly zing he ac count, or verifying the Escrow Items, unites Lender pays Charge Borrows for holding end apple g s, r uire Borrower to pay a Borrower interest on the Funds and applicable law permits Lander to make such a charge. However, Lender may e9 one-time rov d es t e. foe Unl independent men is estate tea or applicable law requires interest to be paid. Lender shwith n ot be required Io pay Bo nawtr tenrite used by t a i to of Of earnings Mgr et in writing, however, that interest shall be p aid on the Funds. Lender any interest B r r o ie it the Funds. Borrower annual and Lender may are credits and debits to the Funds and the purpose fer which each div to It a Funds without ce Th an annual pledged a the Fund showing g each debit to the Funds was made. The Funds are pledged sa additional security for all sums secured by this Security Irou wnent. If the Funds held by Lander exceed the amounts permitted to be held by applicable law, Lender shall account to Borrows for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower to waiting. and, in Much case Borrower shaft! pay ` o Lender the amount tio necessary to make up the defdenq. Borrower shall make up the deficiency in no more than twelve monthly paint F Lander. en Upon payment in full of all sums secured by this Security Instrument, Lender shall prompt�re fu s dlt to o he Pr pa Fundunds held s held' any Funds If, under paragraph 21, Lender shall acquire or sell the Property, Lder. prior to the acgiah held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied fret, to any prepayment charges due under the Note, second, to amounts payable under paragraph 2; th to interest duc; fourth, to principal due; and last, to any late charges due under the Note. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, f not paid in that manes, Borrower shall pay them un time directly to the person owed payment. Borrower shall promptly furnish h to to Lender all paid u ti notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shalt promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lion which hue priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over thus Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shalt satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shell keep the improvements now roosting or hereafter erected an the Property insured against los by fire, hazards Included within the term 'extended coverage' and any other hmxards, including finds or flooding. for which Lender requite* in uranet. This SUCKS shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage desrnbed above, Lender may, at Lender's option, obtain coverage to protect Lender's nghts in the Property in accordance with paragraph 7. An insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requ Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shah give prompt notice to the insurance wniet and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or =pair of the Property damaged, if the restoration or repair le econonScany feasible end Lender's security is not lessened. If the restoration or repair h not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any acme paid to Borrows. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sins secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. Tf under paragraph 21 the Property is acquired by Letter, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the *tent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupeoey, Preservation, Maintenance and Protection of the Property; Borr'ower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence witren sexy days after the sect tion of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shat; not be unreasonably withheld, or unless extenuating circumstances exist which are beyond sernrwesee control. Borrower Shell not destroy, damage or impair the Property, allow the Property to deteriorate. or Commit waste on the Properly. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material Impairment of the lien created by this Security Ltstryment or Lenders security interest. Borrower shall also be In default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or farted to provide Lender with any material information) in connection with the lean evidenced by the Note, including, but not limited ter, representations eoneernina Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on e leasehold, Borrower shall comply with a: provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender Sae the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower tails to perform the covenants and agreements contained in Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding ir probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is ne cessaq the value or the Property and L rights in the Property T ender', actions may inetude paying any mums aecured by a tier priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Pro to m. Although Lendet may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 1 shall become additional debt cf Borrower secured by this See l/Mess Borrower and Lender agree l0 Other terms 01 payment, these amounts shah beat interest from the date of disbar: tau and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8 Mortgage Insurance. If Lender required mortgage insurance as a condition of ma the loan se' '.rrcwer shall pay the premiums required to flair !eh, the mortgage insurance in effect. If, for any rte. 'red by Lender lapses 01 cases to he in effect, Berrovrr shall pay the premiums required to obtai a e men a IV.W I , •-•-•• . by , Borrower effect, Isom an alternate err each g e' the insuance coverage Lender or c h ebc ir. e liaccept. use a r ei et Lender will payments a 1('$S reserve i lieu of mortgal insurance. Loss reserve payments may . "rigor be required, at the option o isle i f n s e insurance rage (in the m dell and th toe period that I<mht requires) provided by an insurer approved by Lender again becbmta n siiable and is obtained Borrow P . premiums required to maintain mortgage insurance in effect, or to provide a loss resent• unl t) e requirement for mortgage insurance ends;n accordance with any written agreement between Borrower and Lender or applicable law. e. Inspection, Lender er its agent may make reasonable entries upon and inspections , the' •opert. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable rause for the inspection. 10. Condemnation The proceeds of any award or claim for dam i r e t, or h eby untial, in assigned co shall be pad to y _ o ctemnation or other taking of any peer of the Property, or for conveyance in In the event of a total taking of the Property, the proceeds shalt be applied 10 the sums secured by this fic;turity Instrument, whether or ern then due, with any access paid to Borrower. In the even of a partial taking of the Property S tutti the bur ttu R "nt immediately before the market value of the Propeny immediately before the taking is equal to or greater than the amount of the sums secured by ! Security taking, unless Borrower and Lender otherwise agree in writing. the sums serseled by this Security mnt Security be r duced by the amount of the proceeds multiplied by the following fraction. (a) the total amount of the sums se ienmedtatc bef ore the ta m:;:.'_td taking t e fair market value of the Property immediately before the taking. Any balance shalt be paid to Borrower. In the even: of a p artial taking of the Property in which the fa market value of the Property immediately before the taking is lets than the amount of the Sums secured immediately w before the taking, unless Borruwd a +td Lender otherwise agree in writ or unless applicable taw otherwise prov the proceeds shall be applied to the aunts secured by this Security Instrument whether or not the sums are then due. If the Propctty is abandoned by Borrower, or if. after notice by Lender to Borrower that the condenor offers to make an eward or settle a Claim for damage% Borrower fails to respond to Lender within 30 days after the date the notice is m given, Lender is authorized to Cotten and apply the proceeds, at its option, either to restoration or repay of the Property or to the sums secured by this Security Instrument, whether or not then duo. Unless Lender and Borrower otherwise egret in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11, Borrower Not Released; Perbeannce By Lender Not a Waiver. Extension of the time for payment or modifreation of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers succecson in interest. My forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Tho covenants and agreements of this Security Instrument 12. Su seers and Assigns Saone; Joint wed Several Liability Co - tiger age shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provision of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loma Chergen. If the loan secured by this Security instnrment k subject to s law whieh sets maximum loan charges, and that law is finally interpreted so that the interest or other lone charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note ear by making a direct payment to Borrower. If a refund reduces prinipal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by Mist class mail unless applicable law requires use of another method. The notice shall be directed to the Property Adds,• or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been giver. to Borrower or Lender when given as provided in this paragraph. 15. Governing Lave Severabitfty. This Swirl!) Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. in the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not af7ect lather provisions of this Security Instrument or the Note which an be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer or 0* Peeperty or a Benetkial interest in Borrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may. at its option, regaire immediate payment in full of all sums seared by this Security Instrument. However, this option shall not be exercised by Lander if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered el mailed within which Borrows, must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued al any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before aste of the Property p truant to any power of aaie contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Nota as if no acc.laration had oeeurred; (b) cures any default of any other covenants or agreements; (c) pays all capcua e incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' ices, and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation, to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shalt remain fully effective n if no acceleration had occurred. However, this right to reinstate shall not apply in the cast of acceleration under paragraph 17. 19. Sale of Note, Change of Loan Setvltler. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notlCC to Borrower. A sale may result in a change in the entity (known as the tan Servicer•) that coflocts monthly payments due under the Note and this Security Tpstrumcnt. There also may be one or more changes of the I man Servicer unrelated to a sale of the Note. IT there is a change of the Lain Serviter,73orrower sr71 bt given written notice of the desert in saordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments s be made. The notice will also contain any other information required by tip hcable law. 20, lasardoua Substances. Borrower shall not arse or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone ease to do, anything affecting the Property that is in violation of any Environmental Lax. The pr.esding two sentences shall not apply to the presence, use, or storage on the Property of small yunntities of Hazardoas Substances that ate generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. I! Borrower learns, or is notified by any governmental or regulatory authority, that any rennoval or other rcmcdiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used itt this paragraph Q. "Hazsrdcas Substances' are thrice substances defined as !ode at harardoux substances try Envvronmentab Low and the following substances gasoline, kerosene, other fiammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive material. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction who; e the Property is looted that relate to health, safety or environmental protection Form 300/19/90 (page 3 of 4 pages) NONUNIFORM CON ENANTJ.-rlorrower and Lender further covenant and . - .:e as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borro"' Apciicab . any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph provides otherwise). The notice shall specify= (a) the default; (b) the action required to cure the default; (e) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) th t failure to cure the Instrument n default o the before the d Tire otice further; form Bo result rrower acceleration f the right the rei state after by this and the right to sod snit of rho ec assert In the foreclosure proceeding the non-existence of a default or any other defense t,o Borrower acceleration and Ante. If require d payment In the default is not cured on or before the date specified in the notice, Lender at its op invoke the q power of sale and any other fu remedies all p erm secured e law. Lend Instrument hail�be entitled toc ollectall expenses tncurred In pursuing the remedies reme nermitted g r applicable provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. lt If [. ender Invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event f defa a and of Lender's election to cause the Property to be sold. Lender shall mall a copy of the nonce to Borrower as p ro paragraph 14. Trustee shall record a copy of the notice in the county in which the Property Is located. Trustee shall publish a the notice of sale tar the time and in the manner provided by applicable taw and shall mail copies of the once of sale le the in ttthe manner prescribed by applicable law to Borrower and to the other persons prescribed by pp' required by applicable law, Trustee, without demand an Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and In any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and piece of any previously scheduled sale. Lender or its designee may purchase the Property at any Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds or the sale in the following order. (e) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to alt sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums se-eured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and ag, cements of this Security Instrument as if the riders) were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider Condominium Rider 1 Family Rider ❑ Graduated Payment Rider [J Planned Unit Development Rider Biweekly Payment Rider R Balloon Rider ❑ Rate improvement Rider a Second Home Rider Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: -� i GM r: r t r r I r r (SEAL) l• :1 • r 4 - Borrower Soael,Security Number �.J f(_�(t -/ .S ‘....L.ii_61=a-1-4---c _ u SH C " 7i i 2 1 l - 'c __ _ (SEAL) JAM S A. SBARBARO / - Borrower Soda SSareurity Number /3 cf C) FP - Borrower Social Security Number (SEAL) — - Borrower soda) security Number [spare crow This une ro1_Acknowlea0nwoti STATE OF COLORADO, County ss: u E Gr The foregoing instrument was acknowledged before me this 15 t h day of APRIL 1993 ,by BONNIE K. SBARBARO AND JAMES A. SBARBARO Witness my hand and official seal. .. i � My commission expires: /G - ...2/- 93 3 __. L � f1 � — Mwryriiht --<� / / Form 3006 9/90 (pope 4 of 4 popes) ea r---- cc' 8 C r ' ( \ ‘%.. F • • . .-.,...: • 111 _ 4 ; . f Wifdow mb ! _ and e#eAw tai. Mm •8'4' i' `-. 1 A cAxecl F field • i 1 111 , I • .: .- . • AI • �aa�aa �5 .• • WWI 8143 %/ ..--a. ' I flat Gang AO'4' .i4. . .°m� • imm. • 'o T. 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