HomeMy WebLinkAboutLand Use Case.605 S Aspen Alps Rd.0046-2011 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0046.2011.ASLU
PARCEL ID NUMBER 2737 16 2 56 003
PROJECTS ADDRESS 605 S ASPEN ALPS ROAD
PLANNER JENIFFER PHELAN
CASE DESCRIPTION EXTENTION OF VESTED RIGHTS
REPRESENTATIVE ALAN RICHMAN
DATE OF FINAL ACTION 7.12.11
CLOSED BY ANGELA SCOREY ON: 8.16.11
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
South Alps Road, LLC, 604 W. Main Street, Aspen, CO 81611.
Property Owner's Name, Mailing Address and telephone number
Lot 1, Moses lot split commonly known as 605 S. Aspen Alps Road, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Reinstatement of vested property rights of a site specific development plan
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Resolution No. 47 (series of 2011) 7/25/11
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
July 24, 2011
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 23, 2013
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 25 day of July, 2011, by the City of Aspen Community Development
Disc r. p
Chris encon, Community Development Director
Pas
•
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAN ( DUSE CODE Q
ADDRESS OF PROPERTY: 60 `' O 5 - "c )r&' ps food
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
I Azyt (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
V Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signature
The fore oing "Affidavit of Notice" was acknowledg before this Z Cday
of , 20L(, by ..•��yy��
WITNESS MY HAND AND OFFICIAL SEAL
P ICE / �
ereb ENT My commission expires: p�
Notice is hereb y ' ? f n to the general public of the 11, reinstatem of a vested property right pursuant to
the Land Use Coda of the City of Aspen and Title
24, Article 68, Colorado Revised Statutes, of a site I , / f �( 1.1 •1L4 specific de crtbed ent pertaining to the
als k as 6. a Road, t Aspen. Notary Public
Colorad 81611, by order of the City Council on
Juy 11, 2011. The Applicant, receives approval for
a two year reinstatement of their vested rights to
build a single family home.
For further information contact Jennifer Phelan, at
the City of Aspen Community Development 70. ATTACHMENTS
130 S. Galena St, St, Aspen, Colorado ratlo (g]g)
920-5090. 5030.
at City of Aspen COPY OF THE PUBLICATION
Publish in the Aspen Times Weekly on July 24,
2011. [67870311
—
RESOLUTION NO. 47
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A REINSTATEMENT OF
THE VESTED RIGHTS GRANTED BY RESOLUTION NO. 19, SERIES OF 2008 FOR THE
PROPERTY DESCRIBED AS LOT 1, MOSES LOT SPLIT, COMMONLY DESCRIBED AS 605 S.
ASPEN ALPS ROAD (FORMERLY KNOWN AS 800 S. ASPEN ALPS ROAD), CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 273718256003
WHEREAS, the Community Development Department received an application from Alan
Richman Planning Services representing South Alps Road, LLC, requesting approval of a
reinstatement of the vested rights granted for the subject property pursuant to Resolution No. 19, Series
of 2008; and,
WHEREAS, the Planning and Zoning Commission adopted Resolution No. 19 (Series of
2008), which approved an 8040 Greenline review to develop a single family residence; and
WHEREAS, the applicant's vesting period expired on June 22, 2011; and
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension or reinstatement of vested rights after a public hearing is held and
a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an reinstatement of vested rights for a period of approximately 3 years until
June 22, 2014; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered public comment
at a public hearing; and,
WHEREAS, the City Council fords that the reinstatement of vested rights proposal for a period
of two years meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,
THAT:
Resolution No 47, Series of 2011
Page 1 of 2
Cy
Section 1:
The Aspen City Council does hereby approve a reinstatement of vested rights as approved by
Resolution No. 19, Series of 2008 for a two (2) year period through June 22, 2013, conditioned on the
following:
A. That the establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing,
electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of
building permit, unless an exemption is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before the
City Council, are hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 11 th day of July, 2011 at 5:00 PM in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a fax none 0 . 4 ) ) v o t e on this 1 l th day of July, 2011.
Approved as to form: Approved as to content:
John orcester, City Attorney Michael C. Ireland, May
Attest:
` `n Arad
Kathryn S.c ,City Clerk
Resolution No. 47, Series of 2011
Page 2 of 2
�.r d
Regular Meeting Aspen City Council July 11, 2011
communities are built around the people living in them. Mayor Ireland noted the issue was
raised whether lodging is less impactful than affordable housing. Mayor Ireland said there are a
clash of values, which has been legitimately raised. Mayor Ireland agreed this is not the same
size as the existing scale of the neighborhood; however, this proposal is smaller than the lodge.
Mayor Ireland said he would like to see if the applicant would eliminate more units.
Councilman Skadron said he would like to see fewer units also. Stunda said he would be willing
to relocate the 4 floor units within the project. Stunda reiterated the original Boomerang was
larger than 30,000 square feet. Stunda said he would be able to go to 40 units and he does not
have an issue with more category 3 units. Bendon suggested that the commons room in the
historic wing may be turned into a unit. Mayor Ireland noted the neighbors proposed a 30,000
square foot building and the approved lodge was 45,000 square feet and a compromise might be
about half of that with car free units to reduce parking impact and eliminate the 4 floor,
retaining the gap between buildings. Council suggested a recess so the applicant's team can
respond to suggestions.
RESOLUTION #47, SERIES OF 2011— 605 S. Aspen Alps Road Extension of Vested Rights
Chris Bendon, community development department, told Council this request involves a single
family house approved in 2008. The current owner purchased the property last month, two
weeks before the vested rights were going to expire and had no ability to respond to that
expiration. The applicants have requested a three -year extension of vested rights. There have
been no changes to the land use code that would affect the approval. Bendon presented a
summary of the vested rights extensions granted by Council; staff supports the 3 year extension.
Bendon presented the public notice affidavits.
Mayor Ireland said he feels 3 years is too long and Council should be careful about extending
vested rights. Mayor Ireland recommended 2 years as sufficient; Councilman Johnson agreed.
Alan Richman, representing the applicant, said they would agree with two year extension.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Mayor Ireland moved to approve Resolution #47, Series of 2011, amending it to a 2 year
extension; seconded by Councilman Johnson. All in favor with the exception of Councilman
Torre, motion carried.
RESOLUTION #48, SERIES OF 2011 — Aspen Art Museum Request to Pay Cash -in -Lieu
Chris Bendon, community development department, reminded Council the approvals for the
Aspen Art Museum laid out the requirements for the project to mitigate for additional employees
estimated at 5.95 employees. Bendon noted the Aspen Art Museum could meet those obligations
by purchasing existing residential units within the urban growth boundary; partnering with the
city in purchasing at Burlingame Phase 11; purchasing employee housing credits or cash -in -lieu
with Council approval.
13
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 605 S • MeS NoAD ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: v� ‘\ a O \\ -
STATE OF COLORADO )
) ss.
County of Pitkin ) ``
O N, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
✓ Publication of notice.: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
✓ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty -two (22) inches wide
and twenty -six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 2`( day of
5 , 20111 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
•
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. 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 (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
3
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this itr, day
of -1015 ,2001 ,by Ahn 12ichvhQn
WITNESS MY HAND AND OFFICIAL SEAL
LORI MOSCHET My commission expires: 10/99/ao 11
NOTARY PUBLIC
STATE OF COLORADO I u. `411-4.1(2-Clat
My Commission Expires 10/29 /2o1 t Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: 605 S. ASPEN ALPS ROAD - VESTED RIGHTS EXTENSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 11, 2011, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by South Alps Road, LLC
604 W. Main Street, Aspen, CO 81611. The Applicant requests an extension until June 22, 2014
of their vested rights to develop the site with their approved single family residence. The
property is legally described as Lot 1, Moses lot split and commonly known as 605 S. Aspen
Alps Road (while some earlier records refer to this property as 800 S. Aspen Alps Road).For
further information, contact Jennifer Phelan at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429 - 5090, jennifer.phelan@ci.aspen.co.us.
s/ Michael C. Ireland, Mayor
Aspen City Council
Published in the Aspen Times on June 26, 2011
City of Aspen Account
�\ 00.N
`1/
ASPEN ALPS 123 LLC ASPEN ALPS CONDO ASSOC ASPEN SKIING COMPANY LLC
22 ALICE LN PO BOX 1128 DRAWER G -2
ASPEN, CO81611 ASPEN, CO81612 SNOWMASS VILLAGE, CO81615
ASPEN VALLEY LAND TRUST AUHLL 2010 TRUST BAECHLE JAMES & CHRISTINE
PO BOX 940 546 MIRAMONTE DR 156 HORSESHOE RD
ASPEN, CO81612 SANTA BARBARA, CA93101 MILL NECK, NY11765
BORNEFELD BRUCE K 1/3 INT CABANISS WILLIAM J QUAL RES TRUST CITY OF ASPEN
2752 LA STRANDA GRANDE HTS 3812 FOREST GLEN DR ATTN FINANCE DEPT
COLORADO SPRINGS, CO80906 BIRMINGHAM, AL35213 130 S GALENA ST
ASPEN, C081611
DILLARD WILLIAM T II & MARY A FIGI J TODD REV TRUST GARTEN HERBERT &SUSAN F
C/0 DILLARD DEPT STORES INC C/O JT FIGI ENTERPRISES 36 S CHARLES ST STE 2300
PO BOX 486 PO BOX 1668 BALTIMORE, MD212013177
LITTLE ROCK, AR72203 -0486 LA JOLLA, CA92038
GELFAND BEVERLY QPRT 50% GELFAND MICHAEL D ET AL 50% GRAYSON GERALD
JUDIN DEBORAH G & SILVERMAN TEDDI
9431 SUNSET BLVD 10147 BLUFFMONT LN
BEVERLY HILLS, CA90210 pO BOX 9262 LONE TREE, CO80124
RANCHO SANTA FE, CA92067
GRIEF IRVIN JR & NANETTE GURTLER ROBERT & JODY HALGLENN CORP
36 S CHARLES ST 2192 WAGON TRAIL RD 4400 BISCAYNE BLVD #950
2300 CHARLES CENTERS WHITE HEATH, IL61884 MIAMI, FL33137 -3212
BALTIMORE, MD21201
HARRIS JOHN B GST TRUST 50% HARTMAN DOYLE & MARGARET HURT FAMILY LP
HARRIS LUCY A GST TRUST 50% p0 BOX 10426 1060 AVONDALE RD
31 MARJORY LN MIDLAND, TX79702 SAN MARINO, CA91108
SCARSDALE, NY10583
ISAAC JENNIFER F REV TRUST JACOBS HARLAN & DEBRA TRUST KAPLAN JEROME A
PO BOX 1300 8040 N LA JOLLA SCENIC DR 6001 MONTROSE RD STE 403
SONOITA, AZ85637 -1300 LA JOLLA, CA92037 ROCKVILLE, MD20852
KENNER PATRICIA LNR LLC MARTIN HARRY M 1/6
720 PARK AVE C/0 AMERICA DEV & INVEST LTD 2752 LA STRANDA GRANDE HTS
NEW YORK, NY10021 14881 QUORUM DR # 200 COLORADO SPRINGS, CO80906
DALLAS, TX75254
MARTIN MARIANNE 1/6 INT MCCLUSKEY DARLENE M MMR ASPEN RESIDENCE TRUST
2752 LA STRADA GRANDE HTS TWO COVENTRY CT 1225 WESTMOOR RD
COLORADO SPRINGS, CO80906 PRAIRIE VILLAGE, KS66208 WINNETKA, IL60093
c 0
MORRIS DIANE L TRUST MORTON JENNY S NAZCA LLC
C/O BROWN SUSAN BOEING 8 PELHAM CRESENT 275 TRADEWIND DR
2550 SCOTT ST LONDON SW7 2NP UK, PALM BEACH, FL33480
SAN FRANCISCO, CA94115
OTTO GERDAU CO PITKIN COUNTY PORTER ROBERT A & CHARLYNN
MAXWELL
80 WALL ST #314 530 E MAIN ST #302
NEW YORK, NY10005 ASPEN, CO81611 611 PARKWAY STE F -13
GATLINBURG, TN37738
PRESNALL BETTY 1/3 INT QD FORECASTLE LLC RIDDELL BRALEY LLC
QUARTERDECK HOLDING LLC
2752 LA STRANDA GRANDE HTS 2900 WESLAYAN RD STE 500
ONE NORTHFIELD PLAZA # 530
COLORADO SPRINGS, CO80906 NORTHFIELD, IL600931216 HOUSTON, TX77027
ROTH WALTER TRUSTEE SCHAFFER REALTY HOLDINGS II LLC SCHRAMM SCOTT C & DENISE M
C/O D ANCONA & PFLAUM C/O LESLIE SCHAFFER 150 NASSAU ST #20C
111 E WACKER DR STE 2800 161 E CHICAGO AVE #36E NEW YORK, NY10038
CHICAGO, IL60601 CHICAGO, IL60611
SEIDMAN DOV LIVING TRUST STEEL ROBERT & GILLIAN TAGUE PETER & CHERYL
320 WEST 78TH ST 71 MAYFAIR LN 7 PARK AVE TER
NEW YORK, NY10024 GREENWICH, CT06831 BRONXVILLE, NY10708
WELLS RICHARD A & SUSAN T WILSON MICHAEL WINTER RUTH F TRUSTEE
970 POWDER LN 8 ELM ST 175 E DELAWARE PL APT 8404
ASPEN, CO81611 -2105 MARBLEHEAD, MA01945 CHICAGO, IL60616
ZEFF RICHARD L TRUST
14 EVERGREEN WAY
STRATHAM, NH03885
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
6 0 sr - 5'
• Ales loi , Aspen, CO
SCHEDULED PUB HEARING D E:
ii e M o0 pm t-6,4 , 20 I 1
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print)
being or resenting an Applicant to the City of Aspen, olorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
C Pu of notice: B y the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of th.e publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six
(26) inches high, and which was composed'bf letters not less than one inch in
height. Said notice was posted at least fifteen;($) days prior to the public hearing
and was continuously visible from the _ day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. 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 (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
vim•. �
.--
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments. •
Signature ��
•
The foregoing "Affidavit of Notice" was a owledged before me this 2 7 day
of A.-✓1 ¢ 2011, by A on
IA — —
R 605
G 5 A NALPSrIOAD - VESTED SS MY HAND AND OFFICIAL SEAL
NOT ICE '3 HE
NOTICE be held 0 o Monday, that 11, public 0 1 t a _ NEz:s‘ e l 12 1: 51101
a will In hobo Monday Julyy 11, 2011, at a
meeting to be n o 5: pp m. belore the Asp tQ• C
S.lya Cen10 ChambemClap Rall,130 en ' \'•jV'•`� S•
n expire •
Su
S. mit ena St, Aspeq to oad, C L en aOPliCation / •
604
Submitted / � .
q'SmM Alps Roedio • �- y ��
their W. Main Street, Aspen CO 81811
, . The / r' 1 (� y
Applicant requests an extension until June 22
2014 of their vested ri hts to develop the site with 1 •
/
approved sing a f ed a residence. The / e tart' Publi
property Is legally tlescri a as Lot 1, Moses lot . Notary '7
split and commonly known as 605 s. As
Road (while some earlier records refert o this
property as 800 S. AaPen Alps Roaa).po, further SC %. . 9 • B L .0..1_01
information, contact Jennifer Phelan at the City of
S.
Aspen Community Development Department, 130 ana re St., CO, (970) 4295090, , 11‘‘ L. O F C O,'O P _
M Aa — My Com ission Expires 09125/2013
P en cxy cou nen
2011 e( 66]S in 5 7 ST9 A 7 a p en Time sWeeklyon June26, ATTACHMENTS AS APPLICABLE:
2011. I
E PUBLICATION
_ _ 'H OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
•
DVUI C P189
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
O THRU: Chris Bendon, Community Development Director,(/)
Jennifer Phelan, Community r
FROM: Jenm tY Development Deputy Directo
RE: Reinstatement of Vested Rights — Resolution - Series 2011— Public Hearing
MEETING
DATE: July 11, 2011
APPLICANT /OWNER: SUMMARY:
South Alps Road, LLC The Applicant requests a reinstatement of their vested rights
with a 3 year extension to June 22, 2014 with regard to the
REPRESENTATIVE: existing approval.
Alan Richman, Alan Richman
�;
Planning Services _ , ,i
LOCATION:
111 ' ,h '
I • *,: 't- 14-W - °
605 S. Aspen Alps Road ' \ < ' `
l/' b,„ 4 t I KH / L f3f
CURRENT ZONING & £' •c i, 4 c
APPROVED USE - , " �'
Moderate Density Residential — , i �, � , � , v° �;
� , v cm � 1
t` Aspen ,T e ti , , -� + ,41 00. with a PUD Overlay Al ' ' L , ` �
(R- 15/PUD), approved for one ` , �, • r of �.fi E
(1) single family residence. *4 4- • ' ,r - )k,%.
RECOMMENDATION: s* i • f
approval of ,,,, ± 4 , k �,y , - 7, ' \
the request.
Staff recommends pp � .
- q .� ; ?
I . , ,L , . Subject t x
property
Figure 1: Vicinity map
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval:
• Reinstatement of Vested Rights to extend the vested rights of the approved project to
June 22, 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or
Reinstatement of Vested Rights. (City Council is final review authority who may approve
or deny the proposal).
,..
P190
PROJECT SUMMARY:
The Applicant has requested a reinstatement of their vested rights for the project approved by
Planning and Zoning Commission Resolution No. 19, Series 2008, which allows the applicant to
develop the site with a single family residence. The resolution granted an 8040 Greenline
Review and vested the approval for three years until June 22, 2011. The property was recently
sold to South Alps Road, LLC at the beginning of June.
According to Section 26.304.070 (D), Expiration of development order, the development order
"shall not expire but shall be subject to any amendments to the land use code, that have been
adopted since the development was approved, after the period of vested rights has expired."
The vested rights period expired on June 22, 2011; however the development order (the 8040
Greenline Review approval) is still valid subject to any changes in the land use code since the
original approval. No changes have occurred to the underlying zoning of the property or the 8040
Greenline review criteria since the approval in 2008. The applicant would like to reinstate the
vested rights for approximately 3 years. A number of extensions have been granted by the City
Council for other entitled projects. Following is a table showing the number of years projects
have been extended.
Table:1 Projects with extended vested rights
Resolution Address /project Type of project Number of years
name extended
Resolution No. 16 920 W. Hallam St. SFR
(Series of 2009) 3
Resolution No. 22B Lot 1, Boomerang SFR
(Series of 2009) Subdivision 5
Resolution No. 37 ' Hannah Dustin Mixed Use
(Series of 2009) Building 2
Resolution No. 42 Jerome Professional Mixed Use
(Series of 2009) Building 4
Resolution No. 58 Boomerang Lodge
(Series of 2009) 3
Resolution No. 96 South Aspen Street Multi- Family
(Series of 2009) 2
Resolution No. 17 Jewish Community Essential Public
(Series of 2010) Center Facility 3
Resolution No. 78 Dancing Bear Lodge
(Series of 2010) (Charthouse) 3
Resolution No. 88 507 Gillespie St. SFR 3
(Series of 2010)
Resolution No. 92 604 W. Main St. Mixed Use 3
(Series of 2010)
Resolution No. Aspen Club Fractional 5
(Series of 2010) Lodge
Resolution No. 15 110 E. Bleeker St. SFR 3
(Series of 2011)
•
P1 9 2
RESOLUTION NO.
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A REINSTATEMENT OF
THE VESTED RIGHTS GRANTED BY RESOLUTION NO. 19, SERIES OF 2008 FOR THE
PROPERTY DESCRIBED AS LOT 1, MOSES LOT SPLIT, COMMONLY DESCRIBED AS 605 S.
ASPEN ALPS ROAD (FORMERLY KNOWN AS 800 S. ASPEN ALPS ROAD), CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 273718256003
WHEREAS, the Community Development Department received an application from Alan
Richman Planning Services representing South Alps Road, LLC, requesting approval of a
reinstatement of the vested rights granted for the subject property pursuant to Resolution No. 19, Series
of 2008; and,
WHEREAS, the Planning and Zoning Commission adopted Resolution No. 19 (Series of
2008), which approved an 8040 Greenline review to develop a single family residence; and
WHEREAS, the applicant's vesting period expired on June 22, 2011; and
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension or reinstatement of vested rights after a public hearing is held and
a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an reinstatement of vested rights for a period of approximately 3 years until
June 22, 2014; and,
WHEREAS, the Aspen City Council has reviewed and considered the request
under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds
all applicable land use standards and that the approval of the extension of vested rights proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,
THAT:
Resolution No., Series of 2011
Page 1 of 2
n
``� ... P 191
STAFF COMMENTS:
VESTED RIGHTS EXTENSION OR REINSTATEMENT:
The Applicant is requesting an reinstatement of their vested rights until June 22, 2014, pursuant
to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use
Code. The review criteria are addressed in Exhibit A.
Staff Comment: The Applicant is requesting the reinstatement of their vested rights because of
the recent transfer of ownership of the property. The new owner is stating that some time is
needed to complete any pre- submission work for a building permit. Due to the economic climate
and transfer of ownership staff supports the request.
RECOMMENDATION:
Staff recommends that the City Council approve the requested reinstatement of vested property
rights for 3 year period with an expiration date of June 22, 2014.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. 'Series of 2011, approving a reinstatement of vested
property rights for 604 S. Alps Road as was approved by Resolution No. 19, Series of 2008.
The new expiration date shall be June 22, 2014."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A — Review Criteria and Staff Findings
EXHIBIT B - Application
P193
Section 1:
The Aspen City Council does hereby approve a reinstatement of vested rights as approved by
resolution No. 19, Series of 2008 for a three year period through June 22, 2014, conditioned on the
following:
A. That the establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical
codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption
is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before the
City Council, are hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 1 lth day of July, 2011 at 5:00 PM in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a three to one ( - ) vote on this 1 lth day of July, 2011.
Approved as to form: Approved as to content:
Jim True, Special Counsel Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Resolution No._, Series of 2011
Page 2 of 2
P194 C 0
Exhibit A
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS
Section 26.308.O10.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code
provides that development applications for an extension of vested rights may be approved in
accordance with the following standards and requirements.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
StafFinding_
The Applicant is required to submit a number of studies with the building permit
application. Additionally, prior to building permit submission an engineering assessment
of S. Aspen Alps Road needs to be undertaken to determine load bearing capability.
Neither requirement is required to be performed prior to the vested rights request. Staff
finds this criterion to be met.
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
• Staff Finding:
According to the Applicant the previous owners began working on conditions of the
approval to submit a building permit such as a geotechnical evaluation when the
economic downturn occurred and lack of credit availability made it difficult to move
forward on the project. Staff finds this criterion to be met.
c. The nature and extent of any benefits already received by the city as a result of •
the project approval such as impact fees or land dedications;
Staff Finding_
No impact fees or dedications have been paid to the city; however, processing of the 8040
Greenline land use review resulted in the city collecting approximately $1,400.00 in
development related expenditures. Stafffinds this criterion to be met.
d. The needs of the city and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Finding.:
Staff believes that the proposed extension of vested rights would benefit the City by
permitting the Applicant to finalize the development of a residence that went through a
public hearing process where neighbors discussed concerns and conditions were
required. Staff finds this criterion to be met
'✓ ES it i tl 95
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&z 361340es, colaxada 81612 PAae /?ax (970)920 -1125 wuckma.c@aafua•'cet
June 13, 2011
Ms. Jennifer Phelan, Deputy Planning Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF VESTED RIGHTS FOR LOT 1, MOSES LOT SPLIT
Dear Jennifer,
This is an application to extend the vested rights granted to Lot 1, Moses Lot Split. The
street address of the property is 605 S. Aspen Alps Road (note: some earlier City records
refer to this property as 800 S. Aspen Alps Road). The property's Parcel ID# is
273718256003.
The Development Order for Lot 1 was issued on June 22, 2008 (see Exhibit #1) and
established a three year period of vested rights for re- development of the property with a
new residence. The land use approval on which the Development Order is based is
Aspen Planning and Zoning Commission Resolution No. 19, Series of 2008, which
granted 8040 Greenline Review approval (see Exhibit #2).
The applicant for the original project was Gerald Grayson, the then owner of the property.
Mr. Grayson sold the property to South Alps Road LLC, the current owner of Lot 1, on
June 6, 2011. South Alps Road LLC is the applicant for this extension (see Exhibit #3,
the Warranty Deed). Authorization for Alan Richman Planning Services to represent the
applicant is provided in Exhibit #4.
According to the Pre - Application Summary Form the staff provided to us (see Exhibit #5),
Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to
approve an extension of vested rights. The applicant hereby requests a three (3) year
extension of the vested rights for this project, to June 22, 2014. This request is being
submitted prior to the date of expiration of the vested rights and is essential to provide the
new owner of the property the time to move forward with the approved development.
A brief description of the prior approvals granted to this property is provided below.
r 0
P196
Ms. Jennifer Phelan
June 13, 2011
Page Two
Background
This property has been through several land use review procedures over the last 20+
years. Following is a summary of those procedures.
1. In 1987 Gaard Moses submitted an application to the City to rezone his 1 acre
property and split it into two lots. At the time the property was zoned Conservation, a
zone district with a 10 acre minimum lot size. The property was improved with two legal
dwelling units and several other dwellings which the City concluded were illegal.
The City Council adopted Ordinance 6, Series of 1987, which rezoned the property from
Conservation to R -15 PUD, and approved a lot split that created two conforming -sized
lots. Lot 1 was approved to be 0.602 acres (approximately 26,200 sq. ft.) while Lot 2 was
approved to be 0.398 acres (approximately 17,340 sq. ft.). Development of each lot was
limited to a single family residence with a floor area not to exceed 3,800 sq. ft. The plat
for the Moses Lot Split was subsequently recorded in Plat Book 19 at Page 83 of the
Pitkin County Records
2. In 1989 Moses replaced the existing structures on Lot 1 with a new single - family
residence containing approximately 3,800 sq. ft. That residence remains as the principal
improvement on Lot 1 today.
3. In 2008 Gerald Grayson submitted an application for 8040 Review to replace the
existing residence with a new residence, not to exceed 3,800 sq. ft. of floor area. The
application was approved by the Aspen Planning and Zoning Commission pursuant to
Resolution 19, Series of 2008. The resolution also granted a three year vested right for
that approval.
4. In conjunction with the 8040 application, the applicant also submitted a site plan
application to Pitkin County. The reason for the site plan application was that part of this
property (the upper section) is located beyond the City limits, in unincorporated Pitkin
County, and a small portion (approximately 220 sq. ft.) of the excavation at the rear of the
residence crossed that boundary. The Pitkin County Community Development Director
approved the application pursuant to Administrative Determination 112 -2008. The three
year vested right associated with that approval expires on November 26, 2011.
Responses to Standards of Land Use Code
Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to
consider in reviewing a request for the extension of vested rights. The applicant's
responses to these standards are as follows:
P197
Ms. Jennifer Phelan
June 13, 2011
Page Three
a. The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement.
Response: A review of the P&Z resolution indicates that all of the conditions applied to
the project are to be resolved with the submission of plans to obtain a building permit.
There are no plats that needed to be recorded or dedications that needed to be made
that should have been accomplished prior to the submission of this extension request.
b. The progress made in pursuing the project to date including the effort to obtain any
other permits, including a building permit, and the expenditures made by the
applicant in pursuing the project.
Response: Immediately following the approval of the 8040 Greenline Review on June 8,
2008, the prior owner of the property initiated a series of studies intended to comply with
the conditions of approval so a complete building permit application could be submitted.
Following is a brief summary of the work that was accomplished:
* CGA Partners (an out -of -state architectural firm with an office in Aspen) were
engaged to prepare a conceptual design for a new house.
* Yeh and Associates (Glenwood Springs) completed a debris flow /rockfall hazard
evaluation in late June, 2008. Yeh also issued a geotechnical investigation, including soil
borings and recommendations for foundation design, in July, 2008.
* Pinnacle Design Consulting Group (Carbondale) prepared a drainage and erosion
control plan based on the conceptual house design in July, 2008.
* Altus Environmental (Boulder) completed a Phase I and Limited Phase II
environmental site assessment, including soil sampling for mine wastes, in July, 2008.
* CTL Thompson (Glenwood Springs) prepared a mine subsidence potential
investigation in August, 2008.
The applicant has received copies of all of these reports which can be submitted to the
record if the City so requests.
Just as these studies were being completed the economy in Aspen and throughout the
Ccuntry began to stall. The banking and financial systems went into free fall during the
fail of 2008, !eading t,o what we now refer to as the Great Recession of 2009 -2010. The
resulting lack of credit r' cutt for this project to proceed, as was the case with
many other projects. It is ordy rood, as a result of the recent purchase of this property by
the applicant, that progress can be made in building the approved development.
P198 C 0
Ms. Jennifer Phelan
June 13, 2011
Page Four
c. The nature and extent of any benefits already received by the city as a result of the
project approval such as impact fees and land dedications.
Response: Because the prior development approval only contemplated the replacement
of an existing residence with a new residence of similar size, the resolution of approval
did not impose any exactions on the property or require that any special concessions be
made. Impact fee payments have not yet been made for this project. All applicable fees
will be paid at the time a building permit is issued for the project.
d. The needs of the city and the applicant that would be served by the approval of the
extension or reinstatement request.
Response: The applicant just closed on the purchase of this property earlier this month.
The applicant is prepared to move forward with the development of this project, but has
not had the time to fully evaluate the approved plans and to work with an architect and
contractor to ready this project for building permit submission. An extension of the vested
rights will give the applicant the time needed to complete this work and initiate the
construction process. The extension is justified due to the extenuating economic
circumstances of the last several years (both locally and nationally) that could not be
anticipated when this project was first being reviewed and approved by the City.
This application went through a lengthy and comprehensive review process by both the
City and the County in 2008. Public hearings were held, input was provided and the
project was ultimately approved by both jurisdictions. Since the approval was granted
there have not been changes in the City regulations that would result in a different
outcome for this project. So there would be no purpose served by denying this request
and having the applicant re -apply for 8040 Greenline Review, which would waste valuable
staff time that could better be used addressing community planning priorities.
Conclusion
The applicant looks forward to the staff review of this request and its consideration by the
Aspen City Council. Please do not hesitate to contact us if you have any questions
regarding this matter.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
P199
EXHIBITS
P200
EXHIBIT #1
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Gerald Grayson. 10147 Bluffmont Lane, Lone Tree, Colorado, 80124
Property Owner's Name, Mailing Address and telephone number
Moses Splitt, Lot 1, Aspen. Colorado, more commonly known as 800 Aspen Alps Road
Legal Description and Street Address of Subject Property
The Applicant received approval to construct a new single family dwelling located in an environmentally
sensitive area under 8040 Greenline Review subiect to the approved conditions. See attached site plan.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Grant of a an approval of an 8040 Greenline Review by the Planning and Zoning Commission and
associated approvals via Resolution No. 019, Series of 2008, June 3rd, 2008.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
June 22, 2008
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 22. 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued thi 27 day of June, 2008, by the City of Aspen Community Development
Direct.
till
Chris endon, Community Development Director
P201
EXHIBIT #2
AMENDED RESOLUTION NO. 14
• (SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR A SINGLE -
FAMILY RESIDENCE ON LOT 1, MOSES LOT'SPLIT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS
ROAD.
Parcel No. 2737- 182 -56 -003
WHEREAS, this resolution amends the resolution filed at reception no. 550520 by
setting forth the actual resolution number and correcting typographical errors within the
original resolution, including the resolution no. cited in Section 2 and correcting the
approval date of the resolution; and,
WHEREAS, the Community Development Department received an application
from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approval of
an 8040 Greenline Review to construct a new single - family residence on Lot 1, Moses Lot
Split; and,
•
WHEREAS, the subject property is approximately 0.6 acre and is located in the R-
15 (PUD) Zone District; and,
WHEREAS, the proposed development is located at an elevation of approximately
8,056 - 8;130 feet above sea level and is subject to 8040 Greenline Review, pursuant to
Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and,
WHEREAS, the Planning and Zoning Commission may approve development at, or
above, or within 150 feet below the 8040 Greenline in conformance with the review criteria
established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and,
WHEREAS, the Community Development Department has reviewed the proposal
and recommended that the Planning and Zoning Commission approve with conditions the
8040 Greenline Review; and,
WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and
Zoning Commission approved with conditions, by a 3 - 2 vote, the Lot 1, Moses Lot Split
8040 Greenline Review; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission funds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN '
PLANNING AND ZONING COMMISSION as follows:
RECEPTION #: 571868, 07/08/2010 at
02:10:49 PM,
1 OF 6, R $3$.00 Doc Code RESOLUTION
Page 106 of 120 Janice K. Vos Caudill. Pitkin County_ en
P202
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single - family residence on
Lot 1, Moses Lot Split, is hereby approved with the following conditions:
1. The allowable floor area of the new single family home shall be no greater than
3,800 square feet. The maximum height shall be 25 feet.
2. No further development shall occur on Lot 1, Moses Lot Split outside of the
building envelope approved by Resolution No. 019, Series of 2008.
3. All the required parking shall be provided on -site. There shall be no parking on
Aspen Alps Road.
4. An approved tree permit from the Parks Department will be required before any
demolition or significant property changes take place. The tree permit must be
approved prior to submission of the building permit. Mitigation for removals
will be paid cash in lieu or adjacent to the site. Any excavation under the drip
line permit will need to be approved along with the tree permit.
5. Prior to obtaining a building permit, the applicant shall submit an engineering
assessment of S. Alps Road, specifically regarding the load - bearing capability
of the road in relation to, . the use of heavy construction equipment and
emergency response apparatus, to be reviewed and accepted by the City
Engineer.
6. The building permit application shall include the following:
a) A copy of the final Planning and Zoning Commission Resolution.
b) The conditions of approval printed on the cover page of the
building permit set.
c) An Excavation Stabilization Plan that will show the extent of the
excavation, the location of constriction fences around the excavation,
erosion control measures, spot elevations at the top and bottom of cuts,
and site - specific construction drawings of the excavation and
stabilization measures. The Excavation Stabilization Plan must be
stamped by a Colorado Professional Engineer. For all excavation, the
Contractor must comply with neighbor notification requirements
stated in Section 3307 of the 2003 International Building Code.
d) A Site Grading Plan stamped by a Colorado Professional Engineer, to
ensure that the grading plan agrees with the drainage plan. Plans must
demonstrate positive drainage away from structures as required by the
Building Code (IRC — R401.3 and IBC — 1805.3.4),
e) A Drainage and Erosion Control Plan and Report stamped by a
Colorado Professional Engineer. On -site drainage is to be designed in
accordance with the City of Aspen Engineering Design and
Construction Standards. IBC Section 3307.1 requires that provisions
be made to control erosion. The City requires a plan `.:': (sh.,:;s the
Page 107 of 120
P203
location of erosion control measures, drainage patterns, and details of
erosion control structures. The plan must include notes that describe
how erosion control measures will be regularly maintained. The
erosion control plan must show the location of mud racks, the location
of water for washing tires and the retention of the wash water.
f) A soils and foundation report, shall be reviewed and accepted by the
City Engineer with the Building Permit.
g) A detailed landscaping plan for approval by the City of Aspen
Parks Department. The landscaping plan shall include but not be
limited to, the following:
A vegetation protection fence shall be erected at the drip line of each
individual tree or groupings of trees remaining on site. A formal plan
indicating the location of the tree protection will be required for the
building permit set No excavation, storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic
allowed within the drip line of any tree remaining on site. This fence
must be inspected by the city forester or his/her designee before any
construction activities are to commence.
Root trenching will be required around all trees with excavation
next to and/or under the drip line. Specific excavation techniques will
be required for the excavation along the back of the property.
Vertical excavation will be required and over digging is prohibited in
this zone. This note must be represented on the building permit set.
A vegetation fence shall be installed along the edge of disturbance
on the hillside. This protection fence must be maintained at all
times; storage of materials, project access, and construction foot
traffic is prohibited beyond this fence. Restoration of the area
along the fence line will be of native quality and approved by the
Parks Department. Supplemental planting in the native area is
prohibited unless first approved.
Utility connections shall be designed on the plan in a manner that
does not encroach into the tree protection zones.
h) The building plans shall demonstrate an adequate fire
suppression system approved by the Aspen Fire Marshal will
be installed. A fire alarm system meeting the requirements of
the Fire Marshal may also need to be installed at the discretion
of the Aspen Fire Marshal.
i) A wildfire mitigation plan shall be submitted. This plan shall
be accepted by the Fire Marshall,
Page 10B of 120
mats
P204
j) A completed tap permit for service with the Aspen
Consolidated Sanitation District.
k) A construction management plan that details the proposed
method and means by which the site will be accessed with
excavation and grading equipment during construction. This
plan shall also detail the proposed construction parking, which
shall demonstrate that except for essential trade trucks, no
other personal trucks are to be parked in the area around the
site.' The management of the Aspen Alps Condominium Association
shall be consulted in the preparation of the Construction Management
Plan.
1) A letter from the primary contractor to the Community
Development Director stating that the conditions of approval
have been read and understood.
m) The Applicant shall abide by all noise ordinances.
Construction activity is limited to the hours between 7 a.m.
and 7 p.m, Monday through Saturday.
•
7. The applicant shall comply with all applicable city regulations addressing wood
burning devices in the new residential unit.
8. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
9. All exterior lighting shall meet the City of Aspen Lighting Code requirements
set forth in Land Use Code Section 26.575.150, as may be amended from time
to time.
Section 2:
The development approvals granted herein shall constitute a site - specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this resolution, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: Lot 1, Moses Lot Split,
Page 109 of 120
r
P205
by Resolution No. 19, Series of 2008, of the Aspen Planning and Zoning
Commission.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby incorporated
in such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement of'
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 5: •
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 3rd day of
June, 2008.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Z lim True, Assistant City Attorney nan Specki Chair
ATTEST:
/ r
A si :.. SA - LSf .c
i e kie Lothian', Deputy City Clerk
..
Page 110 of 120
P206 EXHIBIT #3
•
a WARRANTY DEED State Doc Fee: $655.00
THIS DEED is dated the 6th day of June, 2011, and is made between
1 Gerald Grayson
(whether one, or more than one), the "Grantor' of the County of • PrT/Lret) and State of Colorado and
South Alps Road LLC
O
(whether one, or more than one), the "Grantee ", whose legal address is c/o Millard Zimet, Manager, 604 West Main
Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Six Million Five Hundred Fifty Thousand
Dollars and No Cents ( $6,550,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real
property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described
as follows:
Lot 1, MOSES LOT SPLIT
according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474,
COUNTY OF PITKIN, STATE OF COLORADO
also known by street address as: 605 South Alps Road, Aspen, CO 81611
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim '
and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances; .
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantors heirs and assigns, does covenant, grant, bargain, and agree to and
with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing arid delivery of these presents,
the Grantor is wet seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other
grants, bargains, sales, tens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
except and subject to:
SEE ATTACHED EXHIBIT "A"
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any
adjoining vacate. street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and
assigns of the G = nte-p, against all and every person or persons lawfully claiming the whole or any part thereof.
IN WITN W ], REOF, the Grantor has executed this deed on the date set forth above.
IF Gerald . N ryy� ` RE #: 580314, 06102011 at _ 1 1 PM,
' 1 OF 2, R $16.00 DE $655.00 6/ Doc
SW. of • . lorado WD
L .f Axe/ {._ Janice K Vos Caudiill,,Pitkin County, CO
A'
The. foregoing instrument was acknowledged before me this ,b day of , 1 , ,,20/1
by Gerald Grayson.
. 2.2 fa M. '�p N �O a Witness m ha • and official seal
;r p Notary Public: / .
laty : p ` � ^ £ k1 1i4 ist -.Jr
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o i .a � My commission expires: .
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Vcrt7 tritlD i;toirT PAID -
r)* r3 Fir,- l'ibi DAM Fa? NO, • Co II 1 �Dz w l 0076)2_
Slowed Title File Number. 01330-1425 Page 1 of 2
TCF 532A WARRANTY DEED
P2O7
EXHIBIT "A"
DEED EXCEPTIONS
1. Taxes and assessments for the year 2011 not yet due and payable.
2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service or street improvement area.
3. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173 and
recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the
surface may be entered by the proprietor of any vein or ledge, the top or apex of which lies outside of
the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the
purpose of extracting and removing the ore from such other vein, lode or ledge.
•
4. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals
constricted by the authority of the United States as reserved in United States Patents recorded Book 136 at
Page 173 and in Book 175 at Page 299.
5. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and nature,
together with the right of ingress and egress for the purpose of mining, drilling and exploring said land for
minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No. 111295.
6. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses
Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No.
290476.
7. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded
September 3, 1992 in Book 687 at Page 915 as Reception No. 348321.
8. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Paee 83 as
• Reception No. 290474.
9. Al] matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28, 2009
in Book 90 at Pave 34 as Reception No. 556039.
10. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7, 2007 as
Reception No. 540749.
11. Resolution by City Of Aspen Planning and Zoning recorded June 25, 2008 as Reception No. 550520.
12. Administrative Decision by Community Development Pitkin County recorded December 9, 2008 as
Reception No. 554912.
13. Amended Resolution recorded July 8, 2010 as Reception No. 571868
14. Any rights, easements, interests or claims which may exist by reason of or reflected by the following
facts shown on the survey dated 5 -4 -11 by Pinnacle Design Consulting Group Inc:: encroachments of gravel
drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining property
known as The Aspen Chance Subdivision; wall, cone. walk, steps, concrete drive eaves, gravel drive sitting
outside of building envelope; wood rail fence going onto adjoining property to the north.
Stewart Title File Number. 013344426 Page 2 of 2
TCF 932A WARRANTY DEED
P208
EXHIBIT #4
Ms. Jennifer Phelan, Deputy Planning Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: LETTER OF AUTHORIZATION FOR LOT 1, MOSES LOT SPLIT
Dear Jennifer,
South Alps Road LLC is the owner of Lot 1 of the Moses Lot Split. As the owner's
authorized representative, I hereby authorize Alan Richman Planning Services to submit
an application to extend the vested rights previously granted to this property. Mr.
Richman is authorized to submit this land use application on our behalf and to represent
the owner in meetings with staff and the applicable decision- making bodies.
Sincerely,
Neil Karbank, Authorized Representative
South Alps Road LLC
EXHIBIT *5 ."
"` P209
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 429.2758 DATE: 6.7.2011
PROJECT: Lot 1, Moses Lot Split Vested Rights Extension. 800 S. Aspen Alps Road (since re-
addressed to be 605 S. Aspen Alps Road)
REPRESENTATIVE: Alan Richman, 920 -1125
OWNER: South Alps Road LLC
DESCRIPTION:
The applicant would like to extend the vested rights that were originally granted as part of an 8040 Greenline review of
proposed single - family home on Lot 1 of the Moses Lot Split. Approval was via P &Z Resolution #19, Series of 2008, passed
on June 3, 2008.
Per the Development Order, Vested Rights expire on June 22, 2011. An application for extension of Vested Rights that is ,
submitted on or before that date will be scheduled for Council review.
Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures
26.308.010 C. Extension or Reinstatement of Vested Rights
http://www.aspenoitkin.comidepts1381citycode.cfm
Review By: Staff for complete application and recommendation. City Council for final decision.
Public Hearing: Yes at City Council
'fanning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $2451 hour.
Total Deposit: $1,470.00
Total Number of Application Copies: 10 Copies
To apply, submit the following information
❑ Proof of ownership with payment.
❑ Signed fee agreement and deposit
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ 10 Copies of the complete application packet and maps.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ A written description of the proposal and an ex4 lsnefion in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for pub::: it g
❑ Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
;I a sub;. -ct'o change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a ie Jal ur vested right.
r
• `' RECFNED
LAND USE APPLICATION JUN 1 6 2011
APPLICANT: CITY OF
Name: S tn... AN \ S uuMMJNI IY DEVELOPMENT
Location: bo$ S. -PSt frc4s Q.+a Lk w"°U- Lak S(�t•{
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 21 1 )7 t8 2 56 003
REPRESENTATIVE: \
Name: �s A vg R.��. A•• C Va.�.n\b". .tc5
Address: Qo K 11 0 \b t2.
Phone #: Rio qao 1\aS
PROJECT: 1
Name: i Lx�c. -ti�o� o f 1/4) Q R,,AkC i n 1 Whit G - Sl1. -f
Address: (o a S 5o.,. 6\ �+, -r . p S I?a A-O 1
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devi
❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
❑ Lot Split ❑ Temporary Use ® Other:
❑ Lot Line Adjustment ❑ Text/Map Amendment oP Ala -44..-O (t (F$
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Se.c a44aj,& `4kr
4t
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
CC - A- a1 ta- tfti
H ve you attached the following? FEES DUE: $ 1 L41
Pre- Application Conference Summary
g Attachment #1, Signed Fee Agreement
A Response to Attachment #3, Dimensional Requirements Form N 1 h
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
RECF NNED
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENTUN 1 6 2011
Agreement for Payment of City of Aspep Development Application Fees CITY °F A N
COMMUNITY DEVELOPMENT
CITY OF ASPEN (hereinafter CITY) and South Alps Road LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for Extension of Vested Rights (hereinafter,
THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a detennination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
API'I.ICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission
and/or City Council to make legally required findings for project consideration, unless current billings are paid in full
prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount
of $1,470 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial
deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the
application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that
failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits
be issued until all costs associated with case processing have been paid.
CITY OFASPEN APPLICANT /j rdv7'$4 pi.t7S ,ZOAJ L.c.c.
By By: +W ►� : �.i _ .
Chris Hendon 1 71 I I P P I 111"
Community Development Director Date:
Billing Address and Telephone Number:
604 West Main Street
Aspen, CO 81611
970- 920 -2899
•
titan gid uan 0 P�aautu>r. y Sew ea
Vox 3613 bola, ealeaade 51612 plane /'?ax (970)920- 1125 wildtacaa@aenie..net
June 13, 2011 '� ��
� "$.QED
Ms. Jennifer Phelan, Deputy Planning Director 6 20
City of Aspen Community Development Department C l \, ,• : ,: t�
130 South Galena Street COMrMAl i'r
Aspen, Colorado 81611
RE: EXTENSION OF VESTED RIGHTS FOR LOT 1, MOSES LOT SPLIT
Dear Jennifer,
This is an application to extend the vested rights granted to Lot 1, Moses Lot Split. The
street address of the property is 605 S. Aspen Alps Road (note: some earlier City records
refer to this property as 800 S. Aspen Alps Road). The property's Parcel ID# is
273718256003.
The Development Order for Lot 1 was issued on June 22, 2008 (see Exhibit #1) and
established a three year period of vested rights for re- development of the property with a
new residence. The land use approval on which the Development Order is based is
Aspen Planning and Zoning Commission Resolution No. 19, Series of 2008, which
granted 8040 Greenline Review approval (see Exhibit #2).
The applicant for the original project was Gerald Grayson, the then owner of the property.
Mr. Grayson sold the property to South Alps Road LLC, the current owner of Lot 1, on
June 6, 2011. South Alps Road LLC is the applicant for this extension (see Exhibit #3,
the Warranty Deed). Authorization for Alan Richman Planning Services to represent the
applicant is provided in Exhibit #4.
According to the Pre - Application Summary Form the staff provided to us (see Exhibit #5),
Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to
approve an extension of vested rights. The applicant hereby requests a three (3) year
extension of the vested rights for this project, to June 22, 2014. This request is being
submitted prior to the date of expiration of the vested rights and is essential to provide the
new owner of the property the time to move forward with the approved development.
A brief description of the prior approvals granted to this property is provided below.
Ms. Jennifer Phelan
June 13, 2011
Page Two
Background
This property has been through several land use review procedures over the last 20+
years. Following is a summary of those procedures.
1. In 1987 Gaard Moses submitted an application to the City to rezone his 1 acre
property and split it into two lots. At the time the property was zoned Conservation, a
zone district with a 10 acre minimum lot size. The property was improved with two legal
dwelling units and several other dwellings which the City concluded were illegal.
The City Council adopted Ordinance 6, Series of 1987, which rezoned the property from
Conservation to R -15 PUD, and approved a lot split that created two conforming -sized
Tots. Lot 1 was approved to be 0.602 acres (approximately 26,200 sq. ft.) while Lot 2 was
approved to be 0.398 acres (approximately 17,340 sq. ft.). Development of each lot was
limited to a single family residence with a floor area not to exceed 3,800 sq. ft. The plat
for the Moses Lot Split was subsequently recorded in Plat Book 19 at Page 83 of the
Pitkin County Records
2. In 1989 Moses replaced the existing structures on Lot 1 with a new single - family
residence containing approximately 3,800 sq. ft. That residence remains as the principal
improvement on Lot 1 today.
3. In 2008 Gerald Grayson submitted an application for 8040 Review to replace the
existing residence with a new residence, not to exceed 3,800 sq. ft. of floor area. The
application was approved by the Aspen Planning and Zoning Commission pursuant to
Resolution 19, Series of 2008. The resolution also granted a three year vested right for
that approval.
4. In conjunction with the 8040 application, the applicant also submitted a site plan
application to Pitkin County. The reason for the site plan application was that part of this
property (the upper section) is located beyond the City limits, in unincorporated Pitkin
County, and a small portion (approximately 220 sq. ft.) of the excavation at the rear of the
residence crossed that boundary. The Pitkin County Community Development Director
approved the application pursuant to Administrative Determination 112 -2008. The three
year vested right associated with that approval expires on November 26, 2011.
Responses to Standards of Land Use Code
Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to
consider in reviewing a request for the extension of vested rights. The applicant's
responses to these standards are as follows:
Ms. Jennifer Phelan
June 13, 2011
Page Three
a. The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement.
Response: A review of the P&Z resolution indicates that all of the conditions applied to
the project are to be resolved with the submission of plans to obtain a building permit.
There are no plats that needed to be recorded or dedications that needed to be made
that should have been accomplished prior to the submission of this extension request.
b. The progress made in pursuing the project to date including the effort to obtain any
other permits, including a building permit, and the expenditures made by the
applicant in pursuing the project.
Response: Immediately following the approval of the 8040 Greenline Review on June 8,
2008, the prior owner of the property initiated a series of studies intended to comply with
the conditions of approval so a complete building permit application could be submitted.
Following is a brief summary of the work that was accomplished:
* CGA Partners (an out -of -state architectural firm with an office in Aspen) were
engaged to prepare a conceptual design for a new house.
* Yeh and Associates (Glenwood Springs) completed a debris flow /rockfall hazard
evaluation in late June, 2008. Yeh also issued a geotechnical investigation, including soil
borings and recommendations for foundation design, in July, 2008.
* Pinnacle Design Consulting Group (Carbondale) prepared a drainage and erosion
control plan based on the conceptual house design in July, 2008.
* Altus Environmental (Boulder) completed a Phase I and Limited Phase II
environmental site assessment, including soil sampling for mine wastes, in July, 2008.
* CTL Thompson (Glenwood Springs) prepared a mine subsidence potential
investigation in August, 2008.
The applicant has received copies of all of these reports which can be submitted to the
record if the City so requests.
Just as these studies were being completed the economy in Aspen and throughout the
Country began to stall. The banking and financial systems went into free fall during the
fall of 2008, leading to what we now refer to as the Great Recession of 2009 -2010. The
resulting lack of credit made it difficult for this project to proceed, as was the case with
many other projects. It is only now, as a result of the recent purchase of this property by
the applicant, that progress can be made in building the approved development.
Ms. Jennifer Phelan
June 13, 2011
Page Four
c. The nature and extent of any benefits already received by the city as a result of the
project approval such as impact fees and land dedications.
Response: Because the prior development approval only contemplated the replacement
of an existing residence with a new residence of similar size, the resolution of approval
did not impose any exactions on the property or require that any special concessions be
made. Impact fee payments have not yet been made for this project. All applicable fees
will be paid at the time a building permit is issued for the project.
d. The needs of the city and the applicant that would be served by the approval of the
extension or reinstatement request.
Response: The applicant just closed on the purchase of this property earlier this month.
The applicant is prepared to move forward with the development of this project, but has
not had the time to fully evaluate the approved plans and to work with an architect and
contractor to ready this project for building permit submission. An extension of the vested
rights will give the applicant the time needed to complete this work and initiate the
construction process. The extension is justified due to the extenuating economic
circumstances of the last several years (both locally and nationally) that could not be
anticipated when this project was first being reviewed and approved by the City.
This application went through a lengthy and comprehensive review process by both the
City and the County in 2008. Public hearings were held, input was provided and the
project was ultimately approved by both jurisdictions. Since the approval was granted
there have not been changes in the City regulations that would result in a different
outcome for this project. So there would be no purpose served by denying this request
and having the applicant re -apply for 8040 Greenline Review, which would waste valuable
staff time that could better be used addressing community planning priorities.
Conclusion
The applicant looks forward to the staff review of this request and its consideration by the
Aspen City Council. Please do not hesitate to contact us if you have any questions
regarding this matter.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
EXHIBITS
EXHIBIT #1
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Gerald Grayson. 10147 Bluffinont Lane. Lone Tree. Colorado. 80124
Property Owner's Name, Mailing Address and telephone number
Moses Split. Lot 1. Aspen, Colorado, more commonly known as 800 Aspen Alps Road
Legal Description and Street Address of Subject Property
The Applicant received approval to construct a new single family dwelling located in an environmentally
sensitive area under 8040 Greenline Review subiect to the approved conditions. See attached site plan.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Grant of a an approval of an 8040 Greenline Review by the Planning and Zoning Commission and
associated approvals via Resolution No. 019. Series of 2008. June 3rd. 2008.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
June 22. 2008
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 22, 2011
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued thi 27 day of June, 2008, by the City of Aspen Community Development
Direct •
Chris : - don, Community Development Director
EXHIBIT #2
AMENDED RESOLUTION NO. 19
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN 8040 GREENLINE REVIEW FORA SINGLE -
FAMILY RESIDENCE ON LOT 1, MOSES LOT SPLIT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS
ROAD.
Parcel No. 2737 - 182 -56 -003
WHEREAS, this resolution amends the resolution filed at reception no. 550520 by
setting forth the actual resolution number and correcting typographical errors within the
original resolution, including the resolution no. cited in Section 2 and correcting the
approval date of the resolution; and,
WHEREAS, the Community Development Department received an application
from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approval of
an 8040 Greenline Review to construct a new single - family residence on Lot 1, Moses Lot
Split; and,
WHEREAS, the subject property is approximately 0.6 acre and is located in the R-
15 (PUD) Zone District; and,
WHEREAS, the proposed development is located at an elevation of approximately
8,056 - 8,130 feet above sea level and is subject to 8040 Greenline Review, pursuant to
Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and,
WHEREAS, the Planning and Zoning Commission may approve development at, or
above, or within 150 feet below the 8040 Greenline in conformance with the review criteria
established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and,
WHEREAS, the Community Development Department has reviewed the proposal
and recommended that the Planning and Zoning Commission approve with conditions the
8040 Greenline Review; and,
WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and
Zoning Commission approved with conditions, by a 3 - 2 vote, the Lot 1, Moses Lot Split
8040 Greenline Review; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN '
PLANNING AND ZONING COMMISSION as follows:
RECEPTION #: 571868, 07/08/2010 at
02:10:49 PM,
1 02 0 :1 F 0 6 :49
OF 6, R $38.00 Doc Code RESOLUTION
Page 106 of 120 Janice K. Vos Caudill Pitkin County, CO
Section I
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single - family residence on
Lot 1, Moses Lot Split, is hereby approved with the following conditions:
1. The allowable floor area of the new single family home shall be no greater than
3,800 square feet. The maximum height shall be 25 feet.
2. No further development shall occur on Lot 1, Moses Lot Split outside of the
building envelope approved by Resolution No. 019, Series of 2008.
3. All the required parking shall be provided on -site. There shall be no parking on
Aspen Alps Road.
4. An approved tree permit from the Parks Department will be required before any
demolition or significant property changes take place. The tree permit must be
approved prior to submission of the building permit. Mitigation for removals
will be paid cash in lieu or adjacent to the site. Any excavation under the drip
line permit will need to be approved along with the tree permit.
5. Prior to obtaining a building permit, the applicant shall submit an engineering
assessment of S. Alps Road, specifically regarding the load - bearing capability
of the road in relation to the use of heavy construction equipment and
emergency response apparatus, to be reviewed and accepted by the City
Engineer.
6. The building permit application shall include the following:
a) A copy of the final Planning and Zoning Commission Resolution.
b) The conditions of approval printed on the cover page of the
building permit set.
c) An Excavation Stabilization Plan that will show the extent of the
excavation, the location of constriction fences around the excavation,
erosion control measures, spot elevations at the top and bottom of cuts,
and site - specific construction drawings of the excavation and
stabilization measures. The Excavation Stabilization Plan must be
stamped by a Colorado Professional Engineer. For all excavation, the
Contractor must comply with neighbor notification requirements
stated in Section 3307 of the 2003 International Building Code.
d) A Site Grading Plan stamped by a Colorado Professional Engineer, to
ensure that the grading plan agrees with the drainage plan. Plans must
demonstrate positive drainage away from structures as required by the
Building Code (IRC — R401.3 and IBC — 1805.3.4),
e) A Drainage and Erosion Control Plan and Report stamped by a
Colorado Professional Engineer. On -site drainage is to be designed in
accordance with the City of Aspen Engineering Design and
Construction Standards. IBC Section 3307.1 requires that provisions
be made to control erosion. The City requires a plan that shows the
Page 107 of 120
location of erosion control measures, drainage patterns, and details of
erosion control structures. The plan must include notes that describe
how erosion control measures will be regularly maintained. The
erosion control plan must show the location of mud racks, the location
of water for washing tires and the retention of the wash water.
f) A soils and foundation report, shall be reviewed and accepted by the
City Engineer with the Building Permit.
g) A detailed landscaping plan for approval by the City of Aspen
Parks Department. The landscaping plan shall include but not be
limited to, the following:
A vegetation protection fence shall be erected at the drip line of each
individual tree or groupings of trees remaining on site. A formal plan
indicating the location of the tree protection will be required for the
building permit set. No excavation, storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic
allowed within the drip line of any tree remaining on site. This fence
must be inspected by the city forester or his/her designee before any
construction activities are to commence.
Root trenching will be required around all trees with excavation
next to and/or under the drip line. Specific excavation techniques will
be required for the excavation along the back of the property.
Vertical excavation will be required and over digging is prohibited in
this zone. This note must be represented on the building permit set.
A vegetation fence shall be installed along the edge of disturbance
on the hillside. This protection fence must be maintained at all
times; storage of materials, project access, and construction foot
traffic is prohibited beyond this fence. Restoration of the area
along the fence line will be of native quality and approved by the
Parks Department. Supplemental planting in the native area is
prohibited unless first approved.
Utility connections shall be designed on the plan in a manner that
does not encroach into the tree protection zones.
h) The building plans shall demonstrate an adequate fire
suppression system approved by the Aspen Fire Marshal will
be installed. A fire alarm system meeting the requirements of
the Fire Marshal may also need to be installed at the discretion
of the Aspen Fire Marshal.
i) A wildfire mitigation plan shall be submitted. This plan shall
be accepted by the Fire Marshall,
Page 108 of 120
j) A completed tap permit for service with the Aspen
Consolidated Sanitation District.
k) A construction management plan that details the proposed
method and means by which the site will be accessed with
excavation and grading equipment during construction. This
plan shall also detail the proposed construction parking, which
shall demonstrate that except for essential trade trucks, no
other personal trucks are to be parked in the area around the
site. The management of the Aspen Alps Condominium Association
shall be consulted in the preparation of the Construction Management
Plan.
1) A letter from the primary contractor to the Community
Development Director stating that the conditions of approval
have been read and understood.
m) The Applicant shall abide by all noise ordinances.
Construction activity is limited to the hours between 7 a.m.
and 7 p.m, Monday through Saturday.
7. The applicant shall comply with all applicable city regulations addressing wood
burning devices in the new residential unit.
8. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as
they pertain to utilities.
9. All exterior lighting shall meet the City of Aspen Lighting Code requirements
set forth in Land Use Code Section 26.575.150, as may be amended from time
to' time.
Section 2:
The development approvals granted herein shall constitute a site - specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this resolution, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: Lot 1, Moses Lot Split,
Page 109 of 120
by Resolution No. 19, Series of 2008, of the Aspen Planning and Zoning
Commission.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby incorporated
in such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 3rd day of
June, 2008.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Jim True, Assistant City Attorney n an S A ' Chair
ATTEST:
/ r
,. �_ Ari If ..,
ckie Lothian, Deputy ity Clerk
Page 110 of 120
EXHIBIT 4#3
WARRANTY DEED State Doc Fee: $655.00
L THIS DEED is dated the 6th day of June, 2011, and is made between
, Gerald Grayson
(whether one, or more than one), the "Grantor" of the County of Pint's) and State of Colorado and
South Alps Road LLC
(whether one, or more than one), the "Grantee ", whose legal address is c/o Millard Zimet, Manager, 604 West Main
Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Six Million Five Hundred Fifty Thousand
Dollars and No Cents ( $6,550,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real
property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described
as follows:
Lot 1, MOSES LOT SPLIT
according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474.
COUNTY OF PITKIN, STATE OF COLORADO
also known by street address as: 605 South Alps Road, Aspen, CO 81611
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, the reversions. remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and
with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents,
the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
except and subject to:
SEE ATTACHED EXHIBIT "A"
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any
adjoining vacate& street or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and
assigns of the G me :., against all and every person or persons lawfully claiming the whole or any part thereof.
IN WITN / / / -• W • REOF, the Grantor has executed this deed on the date set forth above.
RECEPTION #: 580314, 0610612011 at
G rald r:ys•n 12:01:51 PM,
S •f •.lorado OF 2, R $16.00 DF $ 655.0 0 Doc Code
W D
oun .f jka,�/ off J anice K. Vos Caudill, P itkin County, CO
The foregoing instrument was acknowledged before me this dAri1 day of Two, ,,20/1
by Gerald Grayson.
%%%% Jorr, Witness al
�m ha . and official se
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c/ j a i Y s° — Notary •ublic: /
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\ :'ric?tT R'3D K S'lT PAID
DATE ',. Feat 'dt}, DAM :: P
Co�[dll 1 X 02— tN,i l 010707--
•
Stewart Title File Number: 01330 -1426 Page 1 et2
TCF 932A WARRANTY DEED
EXHIBIT "A"
DEED EXCEPTIONS
1. Taxes and assessments for the year 2011 not yet due and payable.
2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service or street improvement area.
3. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173 and
recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the
surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of
the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the
purpose of extracting and removing the ore from such other vein, lode or ledge.
4. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals
constructed by the authority of the United States as reserved in United States Patents recorded Book 136 at
Page 173 and in Book 175 at Page 299.
5. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and nature,
together with the right of ingress and egress for the purpose of mining, drilling and exploring said land for
minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No. 111295.
6. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses
Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No.
290476.
7. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded
September 3, 1992 in Book 687 at Page 915 as Reception No. 348321.
8. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Page 83 as
Reception No. 290474.
9. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28, 2009
in Book 90 at Page 34 as Reception No. 556039.
10. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7, 2007 as
Reception No. 540749.
11. Resolution by City Of Aspen Planning and Zoning recorded June 25, 2008 as Reception No. 550520.
12. Administrative Decision by Community Development Pitkin County recorded December 9, 2008 as
Reception No. 554912.
13. Amended Resolution recorded July 8, 2010 as Reception No. 571868
14. Any rights, easements, interests or claims which may exist by reason of or reflected by the following
facts shown on the survey dated 5 -4 -11 by Pinnacle Design Consulting Group Inc.: encroachments of gravel
drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining property
known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive eaves, gravel drive sitting
outside of building envelope; wood rail fence going onto adjoining property to the north.
Stewart Title File Number. 01330 -1426 Page 2 of 2
TCF 932A WARRANTY DEED
EXHIBIT #4
tJ_f`rf
Ms. Jennifer Phelan, Deputy Planning Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: LETTER OF AUTHORIZATION FOR LOT 1, MOSES LOT SPLIT
Dear Jennifer,
South Alps Road LLC is the owner of Lot 1 of the Moses Lot Split. As the owner's
authorized representative, I hereby authorize Alan Richman Planning Services to submit
an application to extend the vested rights previously granted to this property. Mr.
Richman is authorized to submit this land use application on our behalf and to represent
the owner in meetings with staff and the applicable decision- making bodies.
Sincerely,
Neil Karbank, Authorized Representative
South Alps Road LLC
EXHIBIT #5
CITItSF ASPEN
PRE•APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 429.2758 DATE: 6.7.2011
PROJECT: Lot 1, Moses Lot Split Vested Rights Extension. 800 S. Aspen Alps Road (since re-
addressed to be 605 S. Aspen Alps Road)
REPRESENTATIVE: Alan Richman, 920 -1125
OWNER: South Alps Road LLC
DESCRIPTION:
The applicant would like to extend the vested rights that were originally granted as part of an 8040 Greenline review of
proposed single - family home on Lot 1 of the Moses Lot Split. Approval was via P&Z Resolution #19, Series of 2008, passed
on June 3, 2008.
Per the Development Order, Vested Rights expire on June 22, 2011. An application for extension of Vested Rights that is
submitted on or before that date will be scheduled for Council review.
Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures
26.308.010 C. Extension or Reinstatement of Vested Rights
http://www.aspenpitkin.com/depts/38/citycode.cfm
Review By: Staff for complete application and recommendation. City Council for final decision.
Public Hearing: Yes at City Council
Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245/ hour.
Total Deposit: $1,470.00
Total Number of Application Copies: 10 Copies
To apply, submit the following information
❑ Proof of ownership with payment.
❑ Signed fee agreement and deposit
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ 10 Copies of the complete application packet and maps.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed. List of adjacent property owners within 300' for public hearing
❑ Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
C D
FOR :.• • ' OCyLY
ALTA OWNER'S POLICY (6/17/06) �_ : ; 5 11.41 . .: . • !� +:.
SCHEDULE A JUN 2 `
Name and Address of Stewart Title Guaranty Company a .44•41A
Title Insurance Company: P.O. Box 2029, Houston, TX 77252 191/17E06142BNN
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
File No.: 01330 -1426 Policy No.: 0- 9301 - 001840979
Address Reference: 605 South Alps Road, Aspen, CO 81611
(For Company Reference Purposes Only)
Amount of Insurance: $6,550,000.00 Premium: $5,310.00
Date of Policy: June 06, 2011 at 12:01 pm
1. Name of Insured:
South Alps Road LLC
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
South Alps Road LLC
4. The Land referred to in this policy is described as follows:
Lot 1, MOSES LOT SPLIT
according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474.
COUNTY OF PITKIN, STATE OF COLORADO
Copyright 2006 -2009 American Land Title Association. All rights reserved. — we
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. o i.ii i
All other uses are prohibited. Repnnted under license from the American Land Title Assodation. n.u.mwn
File No. 01330 -1426 Page 1 of 1
CO STG ALTA Owner's Policy Sch A — guaranty ��
Y 4 y
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
File No.: 01330 -1426 Policy No.: 0- 9301 - 001840979
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
6. Water rights, claims or title to water.
7. All taxes for 2011 and subsequent years, which are a lien not yet payable.
The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service or street improvement area.
8. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173
and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception
of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies
outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said
premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and
canals constructed by the authority of the United States as reserved in United States Patents recorded
Book 136 at Page 173 and in Book 175 at Page 299.
10. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and
nature, together with the right of ingress and egress for the purpose of mining, drilling and exploring said
land for minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No.
111295.
11. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses
Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No.
290476.
Copyright 2006-2009 American Land Title Association. All rights reserved. .Mr
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use •n ni,
All other uses are prohibited. Reprinted under license from the American Land Title Association. unn +.n
File No. 01330 -1426 Page 1 of 2 s� {,�,,, �.,.,�..t
CO STG ALTA Owner's Policy Sch B SE - --r
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
12. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement
recorded September 3, 1992 in Book 687 at Page 915 as Reception No. 348321.
13. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Page 83
as Reception No. 290474.
14. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28,
2009 in Book 90 at Page 34 as Reception No. 556039.
15. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7, 2007 as
Reception No. 540749.
16. Resolution by City Of Aspen Planning and Zoning recorded June 25, 2008 as Reception No.
550520.
17. Administrative Decision by Community Development Pitkin County recorded December 9, 2008 as
Reception No. 554912.
18. Amended Resolution recorded July 8, 2010 as Reception No. 571868
19. Any rights, easements, interests or claims which may exist by reason of or reflected by the following
facts shown on the survey dated 5 -4 -11 by Pinnacle Design Consulting Group Inc.: encroachments of
gravel drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining
property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive eaves, gravel
drive sitting outside of building envelope; wood rail fence going onto adjoining property to the north
Copyright 2006 -2009 American Land Title Association. All rights reserved.
nott14AN
The use of tNs Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ;pmm;
All other uses are proNbited. Reprinted under license from the American Land Title Association. .41a
File No. 01330 -1426 Page 2 of 2 s
CO STG ALTA Owner's Policy Sch B SE -- .— trarwaremr=orr
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11. Routing Status Fees Fee Summary I Man I Actions j Attachments t Rorrtng Ffstory Valuation I Ar rr9 I .. 15 IP's* 1
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• Peru/ type aslu Aspen Lana Use i Permt # 0046.2011.ASLU
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—_ Address 605 S ASPEN ALPS RD Apt/Sute
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Description EXTENTION OF VESTED RGHTS, LOTS 1 MOSES LOT SPLIT 605 SOUTH ASPEN ALPS Issued
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ROAD
Feral
Submitted ALAN RICHMOND 9201125 ar Running Days 0 Expires 61.1012012 ,
Submitted via . ........., . _
Owner
Last nano MOSES GAARD HOPKINS 1 Fret name 0 BOX 21 •
ASPEN C081612
Phone ( ) - Address
Applicant
El Owner is applicant? 0 Contractor is applicant?
1
Last name SOUTH ALPS ROAD, LLC Fist name NEIL 604 WEST MAIN ST
ASPEN CO 81611
Om (970) 920 -2899 Cu st # 29054 Address
Lender
Last name First name
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