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HomeMy WebLinkAboutLand Use Case.329 Park Ave.0087.2011.ASLU 4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0087.2011.ASLU PARCEL ID NUMBERS 2737 18 - - 50 - 001 PROJECTS ADDRESS 329 PARK AVE PLANNER AMY GUTHRIE CASE DESCRIPTIO INSUBSTANTIAL AMENDMENT REPRESENTATIVE RICHARD NEILY, JR. DATE OF FINAL ACTION 1.26.12 CLOSED BY ANGELA SCOREY ON: 2.10.12 r^ NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 816n JOHN F. NEILEY Glenwood Springs, Colorado 816o1 (970) 925 (97 9 Fax (9770)925 -9396 F ax Pm) v@)son - 9399 Email ifncilcy¢��sopris.net January 13, 2012 RECEPTION #: 586234, 01/27/2012 at 03:35:48 PM, Chris Bandon 1 OF 2. R $16.00 Doc Code AGREEMENT City of Aspen Janice K. Vos Caudill, Pitkin County, CO Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado — ADU Fire Escape Encroachment into Southeast Side Yard Setback Dear Chris: As you know, we represent the Estate of Otto N. Frenzel III, the owner of the above - referenced real property in the City of Aspen. This letter is in response to your email of December 29, 2011, regarding the ADU deck/ exterior mounted fire escape on the southeast side of the accessory dwelling unit on the property. It is our understanding you agree that the projection of the deck/fire escape into the southeast side yard setback, as depicted on the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat (dated January 10, 2012, and to be recorded following approval of this letter), constitutes a permitted projection into the setback pursuant to Section 26.575.020E5j of the Land Use Regulations of the City of Aspen. Please acknowledge your concurrence with our understanding regarding this projection into the setback by executing a copy of this letter on the line provided below. Upon execution, it is our understanding that this letter will be recorded in the real estate records in Pitkin County. RECEIVED JAN 132012 CITY OF ASPEN COMMUNITY DEVELOPMENI 0 Chris Bendon January 13, 2012 Page 2 Finally, our client has agreed that the "flagstone walkway" located between the residence and the "top of slope" to the southwest will be removed by June 1, 2012, and any disturbed area will be revegetated with native plantings. Thank you for your attention to these matters. Very trul y urs, NEILEIfr LDER A qq By: Richard Y. Neiley, Jr. CITY OF A PEN, O , UNITY DEVELOPMENT By: \ X42 s Bendon, Director cc: Otto N. Frenzel IV B. Joseph Krabacher /Diana Ettlinger RECEIVED JAN 1 3 2012 CITY OF iiSPEN COMMUNITY DEVELOPMEN ?a 2? 37 I -1 ' - `o i 9087. - 1441/J ePen't _. 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"r\AAH t is kirs 5 / 2(00.4a ` sa. -trA b3 00`75-/ V' NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 8i611 JOHN F. NEILEY Glenwood Springs, Colorado 816ot (970)925 -9393 (970) 928-9393 Fax (970) 925-9396 Fax (97o) 9 December 21, 2011 V ED Pc 2 VIA HAND DELIVERY C On, 2 0 l/ Ms. Amy Guthrie O4 ASp Aspen Community Development Department D art Opm 130 South Galena Street rut Aspen, Colorado 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith you will find two (2) copies of the Application for approval of the Amended Plat for the Frenzel Property identified above. Also submitted herewith is an executed Agreement to Pay Application Fees and our check for the fee deposit. As you know, the purpose of this Application is to obtain approval for the Amended Plat to reflect the conditions approved by the Planning & Zoning Commission in 1997, as well as the existing conditions resulting from the construction of the residence and related improvements in 1998. Once you have had an opportunity to review the submission, please let me know if you need any additional information or documentation. Ve ly yours, 4 & ALDER • ichard Y. Neiley, Jr. RYN /agk cc: Otto N. Frenzel, IV RECEIVED nFc 21 2011 ATTACHMENT 2 —LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY DEVELOPMENT Name: Frenzel Plat Amendment (Stream Margin Review /Cnndi tinna1 IiSF — Location: • ADC ) (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 73 71 81 5 0 0 01 APPLICANT: Name: Estate of Otto N. Frenzel iii Address: 329 Park Avenue, Aspen, CO 81611 Phone #: (970) 925 -9393 REPRESENTATIVE: Name: Richard Y. Neiley, Jr. Address: 201 N. Mill St., Suite 102, Aspen, CO 81611 Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review s Subdivision lN,tv %i y Conceptual SPA ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (Inc u es es Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) ounta I V' w P ane ,,.� ❑ ommercia esign eview ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Property is built out under 1997 approvals with a single family residence and deed restricted ADU. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Approval of Amended Plat /Existing Conditions Have you attached the following? FEES DUE: $ 1 525 . I] Pre- Application Conference Summary ® Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. 0 Z � j o y L1.t C;' ,I'\ii \I I \ DEVELOPMENT DEP ;Rr7IE\ J Li C3 • g Agreement to Pay Application Fees An agreement between the City of Aspen ( "City ") and Property Estate of Otto N. Phone No.: 970- 925 -9393 Owner ("1"): Frenzel Email: aspenlaw @neileyalder.cow Address of 329 Park Avenue Billing 201 N. Mill St., #102 Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non - refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. have read, understood, and agree to the Land Use Review Fee Policy including consequences for non - payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1 260 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 765 deposit for 1 hours of Engineering Department staff tim Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: ) a ' Estate of tto N. Frenzel Chris Bendon Community Development Director Name: Richard Y. Nei ley, Jr. City Use: Title: Attorney /Representative Fees Due: $ Received: $ NoACII11icI. - 'fly 1 (11A OI ,HpCU I `■ ,) U) 4211- 511411 r APPLICATION FOR APPROVAL OF AMENDED PLAT PURSUANT TO PLANNING & ZONING COMMISSION RESOLUTION NOS. 97 -6, 97 -8, and 97 -12 (EXISTING CONDITIONS) Owner: The Estate of Otto N. Frenzel III 329 Park Avenue Aspen, Colorado 81611 PID: 273718150001 Representative: Richard Y. Neiley, Jr. Neiley & Alder, Attorneys 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 aspenlaw@neilevalder.com APPLICATION FOR APPROVAL OF AMENDED PLAT PURSUANT TO PLANNING & ZONING COMMISSION RESOLUTION NOS. 97 -6, 97 -8, AND 97 -12 (EXISTING CONDITIONS) In this Application, the Estate of Otto N. Frenzel III (the "Property Owner") seeks approval of a Plat Amendment for the real property located at 329 Park Avenue, Aspen, Colorado. The requested approval, when granted, will reflect the conditions of approval set forth in Planning & Zoning Commission Resolution Nos. 97 -6, 97 -8, and 97 -12. In accordance with the requirements of the Land Use Regulations of the Aspen Municipal Code appended hereto are (1) the Pre - Application Conference Summary, (2) Authorization to Represent; and (3) Proof of Ownership /Title Commitment. Also appended hereto as Attachment 4 are Planning & Zoning Commission Resolution Nos. 97 -6, 97 -8, and 97 -12. Resolution No. 97 -6 was granted with conditions approving stream margin review for the development of a single family residence on the Property Owner's real property. Resolution No. 97- 8 granted conditional use approval for an accessory dwelling unit on the real property. Resolution No. 97 -12 granted approval for the construction of a sanitary sewer line within the stream margin. Each of the Resolutions contains conditions of approval that included the recordation of an Amended Plat for the real property. The Property Owner is the successor to Otto N. Frenzel III, who is now deceased and who caused the improvements on the real property to be constructed pursuant to the referenced Resolutions in 1998. The real property has been listed for sale and is under contract. When title work was prepared in connection with the contract, it was discovered for the first time that an Amended Plat had never been prepared or recorded. Notwithstanding the lack of an Amended Plat, an appropriate building permit was issued for the construction of improvements and a Certificate of Occupancy was issued following completion of construction (Attachment 5). In connection with the contract to purchase the real property, the Property Owner caused to be prepared a Survey of existing conditions that depicts the existing development on the real property. It is apparent that at the time of construction the residence, garage and accessory dwelling unit were rotated slightly in a clockwise direction which resulted in minor encroachments outside of the approved setbacks. Under Resolution No. 97 -8, variances were approved in connection with the accessory dwelling unit. The building, as constructed, conforms to the 12.5' front yard setback variance, but encroaches into the 3' southeast side yard setback variance. As constructed, the southeast corner of the above grade deck accessing the accessory dwelling unit sits 0.9' from the southeast property boundary. The rotation of the building also caused a 0.3' encroachment of the chimney into the northwest side yard setback. As a consequence, the Property Owner is requesting administrative approval from the Community Development Director for the dimensional variances depicted on the Survey (Attachment 6) and the proposed Amended Plat (Attachment 7). Each of the Resolutions of the Planning & Zoning Commission contains certain conditions. Under Resolution No. 97 -6, the Amended Plat was to show the "revised building envelopes for the Lot with top -of -slope elevation 7935." During the course of construction of the residence, it appears that the top -of- slope was disturbed and no longer sits at the 7935 elevation. The proposed Amended Plat • submitted herewith identifies the top -of -slope as the area adjacent to and to the west of the "flagstone walkway" that represents the area of disturbance in the vicinity of the top -of- slope. To satisfy the requirement of the Community Development Department, the Property Owner will agree to a condition requiring the removal of the "flagstone walkway" and the revegetation of the disturbance resulting therefrom with natural vegetation, in connection with approval of the Amended Plat. The Property Owner requests approval of this top -of -slope designation as shown on the proposed Amended Plat pursuant to Section 26.435.020 of the Land Use Regulations of the City of Aspen. As required by Condition No. 1 of Resolution No. 97 -6, the accessory dwelling unit and accessory dwelling unit parking are depicted and a Plat Note has been included that prohibits development within a 15' setback of the top -of -slope contour, with the exception of existing improvements and vegetation /plantings (Plat Note 5). Further, as required by Condition No. 2 of Resolution No. 97 -6, a Site Improvement Survey is submitted herewith as Attachment 6, depicting the required characteristics of the property. As required by Condition Nos. 7 and 10 of Resolution No. 97 -6, the Property Owner has added Plat Notes identifying the building envelope (Plat Note 3), restricting manipulation of vegetation outside of the building envelope (Plat Note 5), and requiring the owner of the property to be responsible for the remaining historical drainage through the parcel (Plat Note 8). Resolution No. 97 -8, at Condition No. 1, requires the Plat to show the building envelope and to designate and label the accessory dwelling unit, the accessory dwelling unit parking, and dimensional variations for the property. The Amended Plat fulfills these requirements by depicting these elements and also by referencing in Plat Notes the Planning & Zoning Commission Resolutions (Plat Note 1) and describing the building envelope (Plat Note 3). Further, as required by Condition No. 5, the maximum curb cut for the driveway is depicted as less than 18'. Condition No. 9 of Resolution No. 97 -12 requires the delineation of any access and sanitary sewer easements required by the Sanitation Department on the Final Plat. The Sanitation Department does not require any access or sanitary sewer line easements. Rather, the Property Owner's predecessor and adjoining properties entered into private agreements for the establishment and maintenance of a common sewer line connecting to the Sanitation District main line (Exception Nos. 13 and 14 reflected in the Title Commitment appended at Attachment 3). The proposed Amended Plat as submitted fully identifies all pertinent conditions and improvements on the subject real property and substantially complies with the requirements of the Planning & Zoning Commission Resolutions discussed above, subject to minor setback encroachments as described above. Therefore, the Property Owner respectfully requests that the Community Development Director approve the proposed Amended Plat and authorize its execution and recordation. 2 ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Frenzel Plat Amendment Applicant: Estate of Otto N. Frenzel III Location: 329 Park Avenue, Aspen, Colorado 81611 Zone District: R -6 Lot Size: 1 "t591 Lot Area: 909 9 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: 2 Proposed: Number of bedrooms: Existing: 4 Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 3646 Allowable: 36 6 5 Proposed: Principal bldg. height: Existing: 25 Allowable: 25 Proposed: Access. bldg. height: Existing: 20 Allowable: 2 5 Proposed: On - Site parking: Existing: 7 Required: 4 Proposed: % Site coverage: Existing: 32 Required: n / a Proposed: % Open Space: Existing: 68 Required: n/ a Proposed: Front Setback: Existing: 1 4. 7Required: 15 ' Proposed: 12.5 ' Rear Setback: Existing: 1 5+ Required: 15 Proposed: Combined F /R: Existing: 29 Required: 30 Proposed: NW Side Setback: Existing: 1 4.7Required: 15 ' Proposed: 14 7' SE Side Setback: Existing: 0.9 Required: 3' Proposed: 0.9 Combined Sides: Existing: 15.6 Required: 23 Proposed: 1 5. 6 Distance Between Existing 10 Required: 5 Proposed: Buildings Existing non - conformities or encroachments: Variances approved per Resolution No. 97 -8; building rotated when constructed such that corner of the chimney (NW side) and a corner* Variations requested: Existing cnndi t i nns *of the above grade deck (SE side) encroach into approved setbacks. SCHEDULE OF ATTACHMENTS 1. Pre - Application Conference Summary 2. Authorization to Represent 3. Proof of Ownership /Title Commitment 4. Resolution Nos. 97 -6, 97 -8, and 97 -12 5. Certificate of Occupancy 6. Existing Conditions Survey /Slope Analysis 7. Proposed Amended Plat 1. Pre - Application Conference Summary CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970 - 429 -2758 DATE: 12/01/11 PROJECT: 329 Park Avenue REPRESENTATIVE: Jonathan Feinberg and Rick Neilly, representing owner Diana Ettlinger, representing buyer TYPE OF APPLICATION: Amendment to Bibbig Subdivision Exemption Lot Line Adjustment Plat DESCRIPTION: The Bibbig 'Subdivision Exemption Lot Line Adjustment Plat was filed in 1997 to reflect lot line relocations that were necessitated by a court order. Shortly after, the Planning Office received an application for the development of a new house on Adjusted Parcel 1 of the Subdivision. The proposed development was reviewed by the Planning and Zoning Commission three times; for Stream Margin and ADU review (See P&Z Resolution #6, Series of 1997); for Conditional Use review and variances for the ADU (See P&Z Resolution #8, Series of 1997); and for repairs to a sanitary sewer line located below the top of slope, and Residential Design Standards variances (See P &Z Resolution #12, Series of 1997.) The resolutions each named certain conditions that were to be memorialized on a new plat, which was never filed. The current owner wishes to complete the plat. Certain current conditions on the property, particularly grading in the vicinity of the "top of slope," a specific contour of the property that helps to define the bank of the Roaring Fork River, could be perceived to conflict with the 1997 P &Z approvals. Excavation for a walk out basement altered grade within a portion of the 15' no development area above the top of slope. Substantial boulder retaining walls were built to hold back grade surrounding the walk out patio. A flagstone walkway was installed in the area of top of slope and support posts and portions of an upper floor deck at the rear of the house appear to extend into slightly into the no development area. The house received inspections and a Certificate of Occupancy. Filing of a plat will be an Administrative review. The three Planning and Zoning Resolutions approved regarding this property in 1997 each identified features and information that were to appear on the plat. At a minimum, the plat must properly address the following: P &Z Resolution #6, Series of 1997: Conditions 1, 2, 7 and 10 P &Z Resolution #8, Series of 1997: Conditions 1 and 5 P &Z Resolution #12, Series of 1997: Condition 9 Both the City Engineer and the City Parks Department have preliminarily indicated that the flagstone walkway that was placed along the top of slope should be removed as part of this process. Community Development does not anticipate requesting any other alterations to current conditions. Below is a link to the Land Use application Form for your convenience: http: / /www.aspenpitkin.com /Portals /O /docs /City /Comdev /Apps %20a nd %20 Fees /land urea ppform. pdf Below is a link the Land Use Code: http://www.aspenpitkin.com/Departm ents/Com m unity - Development /Pla nn i nq- and- Zonino/Title -26 -Land- Use -Code/ Below is a link to the Engineering Department's minimum standards for Plats: http: / /www.aspenpitkin.com /Portals /0 /docs/ City /engineering /survey %2ochecklists /PUD Subd ivision Plat SurveyChecklist.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.080 Amendment to Subdivision Development Order Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $1,260 Deposit for 4 hours of staff time. Additional staff time required is billed at $315 per hour Referral Fees: $265 Deposit for 1 hour of Engineering staff time: Additional staff time required is billed at $315 per hour. Total Deposit: $1,525 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre - application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed plat. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.080. 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. r 2. Authorization to Represent A A OTTO N. FRENZEL, IV 329 Park Avenue Aspen, CO 81611 December 13, 2011 HAND DELIVERY Ms. Amy Guthrie City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Adjusted Parcel 1 as shown on the Bibbig Subdivision Exemption Lot Line Adjustment Plat; Parcel ID No. 273718150001; 329 Park Avenue, Aspen, CO Dear Ms. Guthrie: • Please accept this letter as the authorization of the owner of the above - referenced real property for Richard Y. Neiley, Jr. and Neiley & Alder, Attorneys to process a and use application for a plat amendment and related approvals. Sincerely, THE ESTATE -OF OTTO 1)1:FRENZEL, III, Owner 7 i Otto N. Frenzel, IV, Co- Executor • • CERTIFIED COPY OF LETTERS TESTAMENTARY 06D01- 1101 -EU -0009 State oflndiana, Boone County, ss: To Whom These Presents Shall Come, Greeting: I, Penny S. Bogan, Clerk of the Superior Court, within and for said County and State, do hereby certify that the last Will and Testament of Otto N. Frenzel III deceased, late of said County, has been duly admitted to probate and record in said Court, and Otto N. Frenzel IV and U.S. Bank, N.A. duly qualified as executor /executrix is duly authorized and empowered to take up on themselves the administration of said estate according to law and terms of such will. WITNESS my hand and the seal of the Court, at the City of Lebanon, Indi na, s day of January 18, 2011 Penny S. Bogan, Clerk BUne Superior ourt State oflndiana, Boone County, ss: I, Penny S. Bogan, Clerk of the Superior Court, within and for said County of Boone in the State oflndiana, do herby certify the foregoing to be a true and correct copy of the Letters Testamentary of Otto N. Frenzel IV and U.S. Bank, N.A. executor /executrix of the last will and testament of Otto N. Frenzel HI as the same appears of record now on file in my office, and that Otto N. Frenzel IV and U.S. Bank, N.A. is still the duly quaked and acting executor /executrix of said estate. IN WITNESS WHEREOF, I have hereto su scribed my name and � affixed the seal of said Court at Leba` nt n afir.Idii�k'r 10 . Clerk Boone Superior Court STATE OF INDIANA ) IN THE BOONE SUPERIOR COURT 1 )SS: COUNTY OF BOONE IN THE MATTER OF THE ESTATE ) 06001- 1 1 0 1 -EU- - 0 0 o OF OTTO N. FRENZEL III, DECEASED ) ESTATE DOCKET OTTO N. FRENZEL IV and U.S. BANK, N.A., FILED PERSONAL REPRESENTATIVES ) JAN 8 2011 ORDER OF PROBATE OF SELF - PROVED WILL ISSUANCE OF LETTERS AND ', P-#i7, FOR UNSUPERVISED ADMINISTRA14tIIK BOONE SUPERIOR COURT There is now produced in open court and submitted to the Court an instrument of writing purporting to be the Last Will and Testament of Otto N. Frenzel III, deceased, and Petition for Probate thereof and for issuance of Letters. • On the 1 lth day of October, 2004, decedent and the witnesses to his purported will self - proved said will by executing an acknowledgment and verification of said will. Said acknowledgment and verification were executed in all respects according to law. Such instrument, petition and testimony, acknowledgment and verifications are now submitted to the Court and the Court having examined the same, having heard evidence and being duly advised, now finds as follows: 1. Otto N. Frenzel III died on or about the 24th day of December, 2010, and at the time of such death was domiciled in Boone County, Indiana. 2. Such written instrument purporting to be such decedent's Last will and testament was duly executed in all respects according to law, has been duly proved, is the last BDDBOI 6495714v1 will and testament of such decedent and is entitled to be admitted to probate in such County. Further, such will authorizes unsupervised administration of decedent's estate. 3. Otto N. Frenzel IV and U.S. Bank, N.A. are qualified to administer decedent's estate and letters should be issued as indicated and requested in such Petition. It is now, therefore, ORDERED, ADJUDGED and DECREED by the Court that: (1) Such written instrument purporting to be the Last Will and Testament of Otto N. Frenzel III be and is hereby admitted to probate and record as such. (2) Otto N. Frenzel IV and U.S. Bank, N.A. are appointed as personal representatives of the Estate of Otto N. Frenzel III, deceased, and are authorized to administer said estate without Court supervision. (3) The clerk be, and she is hereby, directed to issue Letters Testamentary to Otto N. Frenzel IV when he has taken and subscribed before a notary public an oath as such personal representative, and U.S. Bank, N.A. when its representative has taken and subscribed before a notary public an oath as such personal representative. Of JAN 18 2011 2011 u ' u.i: ' •one Superior Court 1 2 BD0B01 6495714v1 The undersigned clerk now reports to the Court that said personal representatives have taken and subscribed before a notary public an oath as directed and that letters have been issued. JAN 1 8 2011 L � -- 7 ,2011 Penny Bogan, Clerk It is now, therefore, ORDERED, ADJUDGED and DECREED by the Court, that said petition, oath and issuance of letters are approved, and that Otto N. Frenzel IV and U.S. Bank, N.A. are the duly appointed and qualified personal representatives of the Estate of Otto N. Frenzel III, deceased, and are authorized to administer said estate without Court supervision. JAN 1 82011 , 2011 % tor :. .ne Superior Court 1 3 BDD60r 6495714v1 3. Proof of Ownership/Title Commitment r NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEI LEY Glenwood Springs, Colorado 816ot (970) 925-9393 (97 9 Fax (97 925-9396 Fax (97o) 9 - 9399 December 20, 2011 Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado Dear Amy: This office represents the Estate of Otto N. Frenzel, III. The purpose of this letter is to provide disclosure of ownership and encumbrances as required by your December 1, 2011 Pre - Application Conference Summary. I am an attorney licensed to practice law in the State of Colorado. In preparing this letter, I have reviewed the records maintained by the Pitkin County Clerk & Recorder and Assessor's Office. Attached hereto you will find a title commitment issued by Pitkin County Title with an effective date of November 29, 2011, covering the referenced property. Ownership of the property is vested in the Estate of Otto N. Frenzel, III. There are no deeds of trust or mortgages encumbering the property. All easements, agreements and other matters of record are disclosed in the title commitment. I have reviewed the Deeds and other documents of record affecting the property. There are no restrictions or conditions contained in any of these documents, nor are there any easements, judgments, liens, contracts or agreements, that would preclude the owner from proceeding with the Amendment to the Plat or that require the consent or approval of any third party. If you need any additional information regarding this matter, please do not hesitate to contact me. Thank you for your assistance. V ly yours, N I' l: & ALDER ' ichard Y. Neiley, Jr. RYN /agk cc: Otto N. Frenzel, IV P 1 a,9 3 /C { l so 1 i i) ALTA Commitment For Title Insurance 4111 6 - Wes-rc LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3HDFLOOR ASPEN, COLORADO 81611 970- 925 - 1766 -PHONE 970 - 925 - 6527 -FAX 877 - 217 - 3158 -TOLL FREE E -MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell - (tomt@sopris.net) TJ Davis - (tjd @sopris.net) Joy Higens - (joy@sopris.net) Issued By ili WESTCOR LAND TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Winter Park, FL 32789 Telephone (407) 629 -5842 gi - WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6- 17 -06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,( "Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by -laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY � ; y o ti. ir, By N/ 6 von 0 f nr. \ G r c Sidi rha 'c A tleSL ' , L2I eee2-1/4%o Secretary Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 • CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A - 1. Effective Date: November 29, 2011 at 8:00 AM Ca - No. PCT23262W3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Amount$ 4,000,000.00 Premium$ 6,086.00 Proposed Insured: Rate: Re -Issue ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE ESTATE OF OTTO N. FRENZEL III 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: ADJUSTED PARCEL 1, as shown on the BIBBIG SUBDIVISION EXEMPTION -LOT LINE ADJUSTMENT PLAT, recorded January 15, 1997 in Plat Book 41 at Page 31 as Reception No. 400915. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970- 925 -1766 Phone /970- 925 -6527 Fax unless the Insuring 877- 217 -3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: y .. q SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Copy of the Registration duly stamped by the Secretary of State of the State of evidencing registration of ZUCKERMAN MAGNOLIA FLOW ASSOCITATES, LLC and Statement of Authority and a copy of the Operating Agreement of ZUCKERMAN MAGNOLIA FLOW ASSOCITATES, LLC evidencing the names and addresses of the Members and /or Managers authorized to act on behalf of said Limited Liability Company. 2. The following documents should be obtained and recorded from the Estate of OTTO N. FRENZEL III, deceased, Probate No. , in the DISTRICT Court, County of PITKIN: A. Certified copy of the Letters of Appointment of the Personal Representative. B. Personal Representative's Deed noting the State Documentary Fee, conveying the subject property to ZUCKERMAN MANGOLIA FLOW ASSOCIATES, LLC. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE 13 SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Terms, conditions, provisions and obligations as set forth in Deed Covenant Guarantee recorded August 14, 1979 in Book 374 at Page 167. 9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 23, 1973 in Plat Book 4 at Page 398. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 15, 1997 in Plat Book 41 at Page 31. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded September 5, 1997 as Reception No. 408119 as Resolution No. 97-6 and September 5, 1997 as Reception No. 408120 as Resolution No. 97 -8 and September 5, 1997 as Reception No. 408121 as Resolution No. 97 -12. 12. Terms, conditions, provisions and obligations as set forth in Agreement for Easements recorded October 7, 1997 as Reception No. 409237. 13. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 31, 1998 as Reception No. 420090. 14. Terms, conditions, provisions and obligations as set forth in Shared Sewer Service Line Agreement recorded July 31, 1998 as Reception No. 420091. 15. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded August 17, 1998 as Reception No. 420749. (Continued) SCHEDULE 13 SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restriction recorded October 23, 1998 as Reception No. 423652. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23262W3 SELLER: THE ESTATE OF OTTO N. FRENZEL III BUYER: ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is $50.00 The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and /or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) .w,,, ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B- Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89 -2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01 -1088 (CRS 10 -11 -123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ( "WLTIC ") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer - related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLT1C does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has ajoint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. r — I I 44 c N i I li V A w (yy flF v h`�� 4. 70E r% U wT :� ` y U • O 4 S 3° s E 0 ^, Z 1 W p ey v X cr I c. i X PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970 - 925 - 1766/970- 925 -6527 FAX TOLL FREE 877 - 217 -3158 WIRING INSTRUCTIONSFOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23262W3 /ZUCKERMAN MAGNOLIA FLOW ASSOCIATES, LLC 4. Resolution Nos. 97 -6, 97 -8, and 97 -12 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE FRENZEL STREAM. MARGIN REVIEW LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL ## 2737- 181 -58 -001, CITY OF ASPEN Resolution No. 97- tp WHEREAS, Otto Frenzel submitted for approval to the Commission an application for Stream Margin Review for the construction of a single family house with an accessory dwelling unit on the property located at 329 Park Avenue, near the intersection of Park Avenue and Regent Streets, City of Aspen parcel # 2737 - 181 -58 -001, which adjoins the Roaring Fork River; and, WHEREAS, the Planning staff received referral comments from the Engineering Department, and the Parks Department, and upon consideration of those comments recommended approval of the Stream Margin Review with conditions; and WHEREAS, the Commission reviewed and approved the Stream Margin Review with conditions by a 5 -0 vote on March 4, 1997. NOW, THEREFORE, BE IT RESOLVED by the Commission: That it does hereby approve the Frenzel Stream Margin Review with conditions as follows: 1. The final plat shall be amended to clearly show the revised building envelopes for the Lot with top -of -slope being elevation 7,935. The accessory dwelling unit shall be labeled and the deed restriction noted. Parking for the ADU will be delineated. A fifteen foot no development setback from the top -of- slope shall also be delineated parallel to this contour on the revised and recorded plat. 2. Before issuance of any permits, a current Site Improvement Survey certified by a registered land surveyor, licensed in Colorado showing the location of the non - dedicated storm sewer, any utility easements, all existing vegetation, slope percentages, wetland and riparian vegetation areas, and the Special Flood Hazard Area shall be submitted in accordance with Section 26.52.030(B)(5). 3. The applicant will continue to negotiate in good faith with the City of Aspen to grant a public access easement through the property along the Roaring Fork River for the purpose of establishing a recreational trail. Both the City of Aspen and the applicant are aware that the City is strongly encouraging this dedicated easement but cannot require it as a condition of approval. 4. The applicant shall submit site sections of the final architectural plans for the single - family residence and Accessory Dwelling Unit pursuant to Section 26.68.040(B)(13). The site sections shall be signed and stamped by a registered architect or engineer. the City Zoning Officer shall measure and determine height pursuant to Section 26.68.040(B)(10), Figure A, with the top-of -slope for the lot being elevation 7935, before issuance of any permits. 5. Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction before issuance of any permits. The applicant shall provide a plan to 1111111 11111 11111111111 11111 111111 11111I I 1 11111 1111 1111 108119 09/00/1997 01:27P RESOLUTI DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKINCO COLORADO 111111111 111111 HEM 11111 1111111 408119 09/05/1997 01:27P RESOLUTI DAVIS SILVI 2 of 2 R 11.00 D 0.00 N 0.00 PITKINCO COLORADO awuuwuwuare on -sue arainage within the parcel to prevent entry into the river or onto its banks before __ issuance of any permits. The applicant shall provide a plan addressing any pool/hot tub drainage before issuance of a building permit. 6. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 7. A landscape plan pursuant to Section 26.68.040(B) (.1 I) of the Code showing only approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top -of- slope or the high waterline, whichever is most restrictive shall be submitted before issuance of any permits. The building envelope boundary shall be approved prior to issuance of any building permits. No vegetation shall be manipulated outside the revised building envelope. Owner shall revegetate with only native plantings any soil disturbed on the site. A tree removal permit shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code. 8. Any development below the top -of -slope deemed essential shall only be approved by special review pursuant to Section 26.64.040(D) of the Code. 9. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the slope pursuant to Section 26.68.040(B) (.12) 10. The applicant is strongly encouraged to submit a design for a storm sewer line and sewer outfall that accommodates historical drainage, and dedicate and record a storm sewer easement that allows the City to maintain and operate this storm sewer line, for review and approval by the Engineering Department. If owner does not dedicate this easement, owner shall include a note on the final plat indicating that the owner of the property is responsible for maintaining the historical drainage through the parcel 11. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on March 4, 1997. APPROVED AS TO FORM: PLANNING PLANNING AND ND�Z COMMISSION: CG G 1F /a)Cerintj City Attorney Sara Garton, Chair ATTEST: �X t t ickie Lothian, Deputy City Clerk 1 111111 IMO 111111 11111 HMI 111111 11111 111 11111 1111 1111 408120 09/05/1987 01128P RESOLUTI DAVIS SILVI 1 of 3 R 18.00 D 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE FRENZEL RESIDENCE LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737 - 181 -58 -001, CITY OF ASPEN Resolution #97 - 8 WIIEREAS, The Community Development Department received an application from Mr. Otto Frenzel, owner, for a Conditional Use Review for an Accessory Dwelling Unit of approximately four hundred and fifty (450) square feet, with dimensional variations to the front yard setback by twelve feet six inches (12'6 "), side yard setback by three feet (3'), and to the maximum allowable square footage by two hundred twenty five (225) sgaure feet, and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on April 1, 1997, the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use for the Frenzel Accessory Dwelling Unit with the conditions recommended by the Community Development Department, with condition #1 amended by the Commission during the public hearing. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for an Accessory Dwelling Unit containing approximately four hundred and fifty (450) square feet above the detached garage of the proposed Frenzel residence at 329 Park Avenue is approved with the following conditions: 1. Prior to issuance of a building permit, the applicant shall submit appropriate development plans in accordance with all dimensional requirements of the R -6 zone district and variances approved by the Commission for a front yard variance of 12'6" for the accessory dwelling unit and a side yard variance of 3' for the accessory dwelling unit. The final plat shall be amended to clearly show the building envelope for the Lot. The accessory dwelling unit shall be labeled and the deed restriction noted on the final plat. Parking for the ADU will be delineated on 1 111111 11111 1111 1111 111111 11111 111111111111 1111 408120 09/05/1997 01:28P RESOLUTI DAVIS SILVI 2 of 3 R 18.00 D 0.00 N 0.00 PITKINCO COLORADO the final plat. All dimensional variations for the property shall be clearly delineated and noted on the final plat. 2. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any permits. 3. Prior to the issuance of any building permits the owner shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans with the minimum one (1) off - street parking space provided. 4. Prior to issuance of a Certificate of Occupancy, the Housing Office and/or the Zoning Officer shall inspect the accessory dwelling unit for compliance with all appropriate standards in Section 26.40.090 of the Code and any conditions of approval. 5. The driveway curb cut shall be no more than 10 feet in width if accommodating a single drive, no more than 18 feet in width if accommodating a double driveway. The common access and utility easement and the five (5) foot wide "pedestrian area" along the Park Avenue right -of -way shall both remain unobstructed from improvements. 6. Prior to a Certificate of Occupancy, the owner shall relocate the existing aerial utility lines underground. Any pedestal or other underground equipment shall be installed on an easement provided by the property owner and not located within a public or private right -of -way. 7. The owner is encouraged to relocate the property's mailbox to the north side of the access easement, next to the other mailboxes, to better accommodate traffic movements on Park Avenue. 8. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58 Residential Design Standards. 9. Before a building permit is issued, the Zoning Officer will determine if adequate measures to the design of the roof have been taken to prevent the accumulation of snow at the base of the stairway leading to the accessory dwelling unit. 10. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 1, 1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Sara Garton, Chair ATTEST: ackie Lo tan, Deputy City Clerk 1 111111 11111 111111 11111 11111 111111 11111I I 1 11111 1111 1111 400120 00/00/1007 01i20P RESOLUT1 DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A SPECIAL REVIEW FOR A SANITARY SEWER LINE WITHIN THE NO DEVELOPMENT AREA ESTABLISHED BY THE TOP - OF-SLOPE AND FOR APPROVAL AND DENIAL OF VARIANCES TO THE "RESIDENTIAL DESIGN STANDARDS" AT THE FRENZEL RESIDENCE LOCATED AT 329 PARK AVENUE, CITY OF ASPEN PARCEL # 2737- 181 -58- 001, CITY OF ASPEN Resolution #97 - I a WHEREAS, The Community Development Department received an application from Mr. Otto Frenzel, owner, for a Special Review to repair and replace a sanitary sewer line within the no- development area within fifteen (15) feet of or below the top -of -slope established through Stream Margin Review and a request to vary "Residential Design Standard?' for a proposed single family home with an accessory dwelling unit at 329 Park Avenue; and, WHEREAS, Pursuant to Section 26.68.040 of the Aspen Municipal Code, any development deemed essential within fifteen (15) feet of or below the top -of -slope may be approved by Special Review; and, WHEREAS, the Community Development Department considers repairing and or replacing faulty sanitary sewer lines to be essential development; and, WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission approved by a 7 -0 vote the Special Review for the Frenzel property with all conditions recommended by the Community Development Department except condition #6; and, WHEREAS, any Board for which an applicant must gain approval may vary the requirements in Municipal Code Section 26.58 "Residential Design Standards" at a public hearing; and, WHEREAS, during a public hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission approved by a 7 -0 vote condition #6 of the Staff memo, finding unusual site specific constraints warranting a variance for reasons of fairness; and, WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission granted by a 5 -2 vote a variance from "Residential Design Standards" 26.58.040(A)(3) and 26.58.040(F)(4)(c), allowing the garage to be configured freely on the site, for reasons of fairness related to site specific constraints; and, 11111 1101 1111 11111111 I I 1 1111 1111 1111 408121 05/08/1957 01 :28P RESOLUTI DAMS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO • WHEREAS, during a hearing at a regular meeting on June 3, 1997, the Planning and Zoning Commission denied by a 7 -0 vote a variance from the `Residential Design Standard" 26.58.040(A)(2) concerning a street oriented principal window. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Special Review for repairing and/or replacing the sanitary sewer line below or within fifteen (15) feet of the top -of -slope established through Stream Margin Review and variances to the "Residential Design Standards 26.58.040(A)(3) and 26.58.040(F)(4)(c) are approved with the following conditions: 1. The applicant may repair and /or replace as necessary the sewer service line below or within fifteen (15) feet of the top-of -slope established as elevation 7,935. This approval shall not be considered approval of any other development in this designated area and shall not alter the approved setbacks and height requirements established by the elevation 7,935 top -of- slope. 2. Pursuant to Section 26.68.040(B)(5), the applicant shall provide a plan addressing pollution or interference with the natural changes of the river, stream or other tributary, including erosion and /or sedimentation during construction before issuance of any permits. 3. Before digging for the sewer line, the applicant shall place construction fencing along the areas of planned disturbance to the approval of the Zoning Officer, the Parks Department, or the City Engineering Department. This fencing should be placed to minimize the impact of construction on the native vegetation in this no development zone. All development and construction required for the repair and or replacement of the sewer line shall be limited to within the fenced area, regardless of construction technique. Failure to obtain approval of the construction fencing placement before digging shall at least be considered grounds for a stop work order. 4. The owner shall revegetate all areas disturbed by the sewer line construction. Only native species shall be used. 5. A tree removal permit shall be required for the removal or relocation of trees as per Section 1120.020 of the Code. 6. Prior to issuance of a building permit, applicant shall comply with all standards of Section 26.58, Residential Design Standards, except Standard 26.58.040(A)(1). This will allow the buildings to be non - parallel to the street. 7. Prior to issuance of a building permit, the applicant shall place funds in escrow with the Aspen Sanitation District to cover the costs of the District 1111111 11111 11111111111 11111 11111111111I I 1 11111 1111 1111 406121 09/05/1997 01:26P RESOLUTI ORVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO • Engineer, construction observation, and to televise the completed line extension. 8. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Sanitation District. 9. Prior to issuance of a building permit, the applicant shall delineate and note any access and sanitary sewer easements required by the Sanitation Department on the final plat. 10. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on June 3, 1997. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Sara Garton, Chair ATTEST: . / ckie Lothian, Deputy City Clerk 1 11 1111 1 1111 1 111 11 11111 11111 111111 11111 111 11111 1111 1111 408121 06/00/1997 01:28P RESOLUTI DAVIS SILVI 3 of 3 R 16.00 0 0.00 N 0.00 PITKINCO COLORADO r 5. Certificate of Occupancy CERTIFICATE OF OCCUPANCY t ASPEN A prrKIN F COMMUNITY DEVELOPMENT DEPARTMENT 1 THIS CERTTFICATEISSUED PURSUANT' TO THE I REQUIREMENTS OF SECTION 109 OF THE 1994 EDITION e OF THE UNIFORM BUILDING' CODE. IT CERTIFIES THAT AT THE DATE OFISSUANCE THE STRUCTURE AS DESCRIBER I ' BELCH/HAS I N COMPLIANCE 144771 THE VARIOUS RESOLUTIONS AND ORDINANCES REHULATINB BUILDING ` CONSTRUCTION AND USE IN THIS JURISDICTION. F. Use Classification: Single Family Residence / ADU Building Permit: 7 �y Legal Description: Adj Parcel 1, Sunny Park ;E" Building Address: 329 Park Ave., Aspen, CO. 81611 xv.;_ ,, IhKgW7 Owner of Building: Otto N. Frenzel ,Ai-s-- Owner Address: 11330•Templm, Zionsville, IN. 46077 Group: R - Type Construction: V - Use Zone: R - ' • Description: 5,193 square feet including three bedrooms, three full baths, one 3/4 bath, two 1/2 baths, one kitchen and a three car attached garage. ADU includes one bedroom, onebath, one kitchen and one living area. ∎:} ?fit 7 71 Comments 8s Restrictions: Two gas Fireplaces: Masonry. - * ?_ Three gas appliances: Heat N Co . Deed Restriction # Chief Building Official . • ' Date E' ' .. t ' Note: In all occupancies, except R, this certificate must be posted , . in a conspicuous place near the main exit on the premises f r *` ? which i t is issued. Any alteration or use of these described premises or x' ` portion thereof without the written approval of the Building Official shall ; sr { negate this C.O. and subject it to revocation. ? ` , T k µ A. 11-..T3":: , d � _, rF, s i !'" ? i1 "Y fi i ��,,� i 7 P'�Y �,. V. r` d , s /a cfa3 k 'C} { 'tr� ,. , � w + &5 § r4 t � F t 2Y- r - .1 : fir. 2 _' 1 7 i I H t ♦ r :4, , i - d K x » a .`i " i,i,�a - � 1'.':e�... ss F L. 1 ' i G l y n 1 . 3'1 6 , '' c^ m. .., .. _# r x a k� 3 ' .r - , , 6. Existing Conditions Survey /Slope Analysis NEII & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 816ot (970) 925-9393 (97 9 Fax (97 925-9396 Fax (970) 9 - 9399 January 25, 2012 HAND DELIVERY Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith you will find two mylars of the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption executed by the owner, surveyor and title company. Also enclosed is a paper copy for your files. This mylar is identical to the one previously submitted, with the exception of the previously discussed revisions to Plat Notes 3 and 4 and the correction of the dates from December to January. I am also enclosing a check in the amount of $16.00 to cover recording fees for the letter related to the ADU setback encroachment. We previously delivered to you a check for $11.00 to cover the Plat recording fees. Of course, my client is anxious to fmally get this Amended Plat recorded. We would appreciate whatever you can do to expedite recording. As always, thank you for your assistance with this matter. Ve , t ' ly yours, ]]. & ALDER ichard Y. Neiley, Jr. RYN /agk Enclosures cc: Otto Frenzel, IV Diana Ettlinger, Esquire Jonathan Feinberg r -. Amy Guthrie From: Neiley & Alder, Attorneys <aspenlaw @neileyalder.com> Sent: Wednesday, January 18, 2012 11:49 AM To: Amy Guthrie Cc: Jonathan Feinberg Subject: RE: Frenzl Amy, Thank you for your email and your telephone call of this morning. First, with respect to the road easement contained at Book 417 at Page 697, the title commitment that we submitted with the Application for Approval of Amended Plat does not reflect that easement. It was previously vacated. Schedule B, Section 2 of the title commitment identifies all title exceptions, and you will note that that easement is not reflected as a exception to title. I apologize for missing the first seven words of Plat Note No. 4 in reviewing the most recent Plat from the surveyors. I would observe that there is room above Plat Note 4 to insert the missing language, and we would request the City's cooperation in allowing the words to be handwritten in as Mr. Frenzel resides in Indiana. Similarly, correcting "December" to "January" can be accomplished by hand. Hopefully, Chris will agree and we can wrap this matter up. What do you think the time frame is for hearing back from Chris? As you probably have gathered, there are people out there anxious to get the Amended Plat recorded. Thanks for your help. Regards, Rick Neiley Richard Y. Neiley, Jr. Neiley & Alder, Attorneys 201 North Mill Street, Suite 102 Aspen, CO 81611 (970) 925 -9393 Telephone (970) 925-9396 Fax aspenlaw @neilevalder.com From: Amy Guthrie [ mailto :Amy.Guthrie @ci.aspen.co.us] Sent: Wednesday, January 18, 2012 10:56 AM To: aspenlaw©sopris.net; Jonathan Feinberg Subject: Frenzl On one plat note, you've accidentally left out the highlighted words below and started midsentence. ;f f , e r . ' - °t' ` r ; native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope. This is an effort to protect the existing riparian vegetation and bank stability. New 1 platings (including trees, shrubs, flowers and grasses out side of the designated building envelope on the riverside shall be native riparian vegetation as approved by the City. I'm waiting for Chris to determine if hand writing this correction, and the date errors is ok. Once Chris signs, it goes to Engineering. It seemed as though you addressed their comments, but that's for Trish to review. Then we'll record. I think I need an additional check to pay the fees to record the letter about the fire escape and the walkway. Will let you know. Email secured by Check Point 2 • ; � 71 � r.G.«..e / ,.. -- °.- .,---__.. RecePtl o.. - - ---- - %;'4f ) ' �`. Re l orded at 11:40AM November 23, 1981 Loretta Banner Recorder Armin e; , i; x " 1 ;;.G97 GRANT OF EASEMENT fr THIS GRANT OF EASEMENT made this .2j day of i' ,, � b R. a uggi.a1o er , 1981, by and between D 40111, p Riverbank West Corporation, Riverbank Corporation, and Bank ' of Aspen as Grantors, to Peter Heinemman, Grantee, WITNESSETH: Y. CC '� U That for Ten Dollars and other good and valuable it consideration, which is hereby acknowledged, the Grantors \ have this day bargained and sold, and by these presents to };. r hereby grant, bargain, convey and deliver unto Grantee, his ' 4K$ heirs, successors and assigns, a permanent twenty (20) foot ' easement for r ad purposes for i r s and egress to property '1 d.4 ..r,,,, 6M,..Jaag 4} ,),tics I � ' of Grantee located northerly and westerly of property owned by n <. Grantors, said easement more fully described as follows: ' *. t A road easement situated in the Southwest one - quarter 1 of the Southeast one - quarter of Section 7 and the 4_ t Northwest one - quarter of the Northeast one - quarter �;, of Section 18, all in Township 10 South, Range 84 s ».a . " : " : 1 , 1 West of the 6th P.M., being a part of Mollie Gibson fS ; Lode, United States Mineral Survey No 4281 Amended i�2 and part of The Lone Pine Lode, United States bi Mineral Survey No. 1910 and part of Lot 3, Sunny Park Subdivision, being 20 feet in width lying 10 feet on eac side of the following described centerline: � t f j ! BEGINNING at a point on the Southeasterly line of . , 4, said Lot 3, whence Corner No. 3 of. said Mollie , : Gibson Lode bears North 71 ° 45'19" West 298.26 feet; thence 28.61 feet along the arc of a curve to the right having a radius of 30.00 feet; r thence 42.00 feet along the arc of a curve to the ' . . t left having a radius of 140.00 feet; . n thence North 66 ° 55'00" West 57.00 feet; k , - x, thence 16.23 feet along the arc of a curve to the v' : right having a radius of 40.00 feet; Z thence North 43 °40'00" West 32.00 feet to a point ��� on the Southeasterly line of the Bancker property. It , � . 0 4 2i 1 All of the above being situated in Pitkin County, � 4. Colorado. g s k }? f This easement is shown in the "Bibbig -Drew Plat ", which , was filed and recorded on August 23, 1973 in Plat Book 4, Page 398 041 "YkFz`' of the records of the Clerk and Recorder of Pitkin County, is d �j � 7'I . , r wir e; I W roos417 v699 STATE OF COLORADO ) it ) ss i. COUNTY OF PITRIN ) F On the (_I day of XJ6Je- ....4.•� 1981, before me personally appeared Dieter Bibbig, individually and as President of Riverbank Corporation and Riverbank West Corporation, and • -. Sheilah Bryan as Secretary, to me known to be the persons . -0 described in the above instrument, executed the above instrument I.%ld'duly acknowledged to me that they executed the same, ' , ;..:;1' ,d III tit 1 : ' ,- .; .... l'••.` .\Witness my hand and official seal. } : C ? ftl ' tky Commission expires: b f,i wl'. - p u k ig � 1 •., '.... b. Notary Public yc 1 •, C6 f Off' :' 4 1 - C /A w a--. fie". Po) A,, C1 8ic.) ?: ' ' STATE OF. COLORADO) r E_ COUNTY OF PITRIN ) W aL z On the 20thday of November , 1981, before me Y i „personally,. appeared James W. Patterson , to me personally r r �kgc�1pqy�!!n to be the President of the Bank of Aspen, and , �” :BeMf4iety,'w ecuted the foregoing instrument on behalf of ql Fy . , 'I the B$bk;of Aspen, and duly acknowledged to me that they executed a "t ) � ;L � ltness my hand and official seal. ,p - Jk Ay: Commission expires: 1 -21 -85 - j 3l / / I ;: • a . 1 c.uu �.�� 7 Ad Ste c S •- c/o Garfield & Hecht f 1 601 E. Hyman Ave., Aspen, CO 81611 K ts7W; i f „ •, \t '.Ld 1Nt.:.. veo ?a i y r } '� {"1 I YC ", ' NEILEY & ALDERECE ATTORNEYS JAN 1 3 2012 CITY OF ASPEN Please Reply To: COMMUNITY DEVELOPMENT RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 82611 JOHN F. NEILEY Glenwood Springs, Colorado 816ot (970) 925 -9393 (97 9 - 9393 Fax (97 925 -9396 Fax (97o) 9 - 9399 Email jtbeilci(sopris.net January 13, 2012 Chris Bendon City of Aspen Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado Dear Chris: As you know, we represent the Estate of Otto N. Frenzel II, the owner of the above - referenced real property in the City of Aspen. The purpose of this letter is to address two issues that have arisen in connection with the City of Aspen's review of the proposed Plat Amendment with respect to the above - referenced property. First, the First Amended Plat/Survey of the property dated January 10, 2012 depicts two "A/C units" in the northwest side yard setback. The small "A/C unit" is approximately 22 inches in height as depicted in the photograph submitted herewith. The larger "A/C unit" is located within a fence enclosure that is approximately 5 feet in height. The unit is approximately 22 inches below grade and is accessed by 3 steps. That unit also extends above grade approximately 12 inches. A photograph of this unit is also enclosed. None of the air conditioning/mechanical equipment on the property extends more than 30 inches above or below grade and, therefore, represent permitted installations in the side yard setback under the Land Use Code of the City of Aspen pursuant to Section 26.575.020E5. Second, the Improvement Survey for the subject real property submitted with the Application for Plat Amendment depicts a "flagstone walkway" to the southwest side of the residence between the "setback edge of the deck" and the "top of the slope." As a condition of approval of the Plat Amendment, our client has agreed that the flagstone walkway will be removed by June 1, 2012 and that any disturbed area resulting from such removal will be revegetated with native plantings. To insure the enforceability of this condition, 1 have included Chris Bendon January 13, 2012 Page 2 a reference to this obligation in our letter to you regarding the fire escape projection into the southeast side yard setback which is intended to be recorded in the real estate records. If you need anything further with respect to either of these issues, or anything else related to the Plat Amendment Application, please do not hesitate to contact me. Thank you for your assistance with this matter. Very yours, NEIL > • LDER By: Richard Y. Neiley, Jr. Enclosures , pm. T ..... • C3 CLI . . CU .. . , CY, . . i • : . 0 . El , 1 , • . r i . . ...,[ , .. , I.! It 47e nt O. 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' -'....-."-..- .''-ipligIONIE-111".1.1111101110111111 - : 1 IOW ........ ., ..,._.0.- .. 7 ,.....-..01- ___J•t...- .--____,.... ,,....„..-,;,..... .,...„..-._ _. -..--,...... .......... . IV— — 1 -..--'""-...0.-1.111W000.,1110...W. •••••"" _ ...-,• ''' ....A..' - ' 1/1........ .... or .......-- ,.,.... .-:" ...„..... .41- ......' ,..”,--• __1., 0110 II° 4110 Offle 0 • ...:11 ... . - , " „,,- 0... .. ••••"'"-j."."' ......,."-- 1 .... 4. „ ...... .......... L ,,„-- .. .,.., . , _ 1•77......... A •*•I '''''' 6 7:- '''''....'.-...'' ' '".- . d ell: A......,....*....... f -••••." ... , 111‘.., • ,..... 141 . ...•••- A.41 1 ■ Ilk - - IV , - • . : . nr- a '1 F Ai I R A , .. r .x F c NEILEY & ALDER RECEIVED ATTORNEYS JAN 1 3 2012 Please Reply To: RICHARD Y. NEILEY, JR. CITY OF ASPEN 201 North Mill Street, Suite 102 EUGENE M. ALDER ` W 'A'S( ol ��t, oraUpper do 816ot Lev Aspen, Colorado 8t6tt JOHN F. NEILEY 1 Fax (97 (97 - 9393 (970) 928-9393 Fax 1970)925 -9396 928-9399 Email ifncilcy(�tsop5is. net January 13, 2012 HAND DELIVERED Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado Dear Amy: Submitted herewith, you will find two (2) mylars of the above - referenced Amended Plat that have been executed by my client. Also submitted are two (2) paper copies of the same Amended Plat. I believe these incorporate all of the revisions requested by Planning and Engineering. I also enclose an $11.00 check payable to the Pitkin County Clerk and Recorder to cover the cost of recording the First Amended Plat. Additionally, enclosed you will find copies of two (2) letters to Chris Bendon, the first addressing the air conditioning units in the setbacks and the second addressing the "fire escape" serving the ADU where it encroaches into the southeast side yard setback. I believe these cover all of the outstanding issues with respect to final approval of the First Amended Plat. I would appreciate it if you would notify me when the Amended Plat has been recorded. If you need anything else, or have any questions, please contact me at your earliest convenience. Thank you for your assistance with this matter. Very tidy lours, NEILE : ALDER By: Richard Y. Neiley, Jr. cc: Otto Frenzel B. Joseph Krabacher /Diana Ettlinger NEIL1EY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 1 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 8t6u J OHN F. NEILEY Glenwood Springs, Colorado 816oi p (97 9 Fax (97 9 -0) 925- 9396 Fax (97 9 Fax (97 Email ifneileyPsopds.net January 13, 2012 Chris Bendon City of Aspen Community Development Director 130 South Galena Street Aspen, CO 81611 RE: First Amended Plat of Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat — 329 Park Avenue, Aspen, Colorado — ADU Fire Escape Encroachment into Southeast Side Yard Setback Dear Chris: As you know, we represent the Estate of Otto N. Frenzel III, the owner of the above - referenced real property in the City of Aspen. This letter is in response to your email of December 29, 2011, regarding the ADU deck/ exterior mounted fire escape on the southeast side of the accessory dwelling unit on the property. It is our understanding you agree that the projection of the deck/fire escape into the southeast side yard setback, as depicted on the First Amended Plat of Adjusted Parcel 1, Bibbig Subdivision Exemption Lot Line Adjustment Plat (dated January 10, 2012, and to be recorded following approval of this letter), constitutes a permitted projection into the setback pursuant to Section 26.575.020E5j of the Land Use Regulations of the City of Aspen. Please acknowledge your concurrence with our understanding regarding this projection into the setback by executing a copy of this letter on the line provided below. Upon execution, it is our understanding that this letter will be recorded in the real estate records in Pitkin County. RECEIVED JAN 132012 CITY OF ASPEN COMMUNITY DEVELOPMENT r J J Chris Bendon January 13, 2012 ' Page 2 Finally, our client has agreed that the "flagstone walkway" located between the residence and the "top of slope" to the southwest will be removed by June 1, 2012, and any disturbed area will be revegetated with native plantings. Thank you for your attention to these matters. Very truly y urs, NEILE LDER By: Richard Y. Neiley, Jr. CITY OF PE Y y N, O ITY DEVELOPMENT 0 9 B I r7 °VZ is Bendon, Director cc: Otto N. Frenzel IV B. Joseph Krabacher /Diana Ettlinger . RECEIVED JAN 1 3 201/ CITY Or MSPEN COMMUMIlY DEVELOPMEN6 4 Amy Guthrie From: Amy Guthrie Sent: Wednesday, January 04, 2012 6:01 PM To: 'Neiley & Alder, Attorneys'; 'Ett linger, Diana Godwin'; 'Jonathan Feinberg' Cc: Trish Aragon Subject: 329 Park Hi- I am taking the plat over to Engineering for review tomorrow. Here are Planning Office "redlines," just so you have a heads up and can start ironing out. This is not final until Engineering has weighed in: 1. Please strike reference to variances from the purpose statement at the top of the plat. In Plat Note 3, please strike the last sentence re: the approval of variances. No variances are being approved. As best we can tell, the A/C unit(s) in the setbacks meet the existing exemptions. 2. Please submit a letter directed to Chris Bendon asking him to confirm the interpretation that the staircase to the ADU is an allowed projection into the setback per Section 26.575.020.E.5.j, which allows for an exterior mount fire escape. Once Chris signs the letter, we will ask you record it, and then to add a Plat Note stating that the projection into the setback is allowed, and list the Reception No. for the letter. 3. In Plat Note 6, the code citiation is out of date. Please reference Section 26.304, Special Review. 4. The improvement survey indicates a road easement at the front of the property, along with a note that it "may be abandoned." There is a recorded easement. We need clarification and the easement may need to be shown on the plat. 5. The private sewer easement needs to be shown on the plat. 6. On the signature lines, please change the year to 2012. 7. Please submit a letter from the owner representing that the flagstone path will be removed and replaced with native vegetation approved by the City Parks Department as a condition to the acceptance of this plat. Let me know if any of this needs to be discussed further. Amy Guthrie City of Aspen Historic Preservation Officer 130 S. 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