Loading...
HomeMy WebLinkAboutcoa.lu.sm.Goodman 1433 Crystal Lake Rd.31A-87 . ;.,,, P { CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9V- PARCEL ID AND CASE NO. DATE COMPLETE: a7.37-47- 3 87 STAFF MEMBER: S PROJECT NAME: (ST- el O4/)7 6 r f O. vr■ Inar• in X9Pi/(Pkl Project Address: / � / 3 0 - g 7 0 APPLICANT: /7ar /PS 7 • 6700,1 Mar) Applicant Address: s /J REPRESENTATIVE: Ara r p b474 k.r /C7n OC Representative Address /Phone: :1 . e- ss i2■ S- 07S; TYPE OF APPLICATION: CS7/- PGt_fin II/. GYM / Pli / P, i✓ PAID: ES NO AMOUNT: 4=- (To 1 STEP APPLICATION: (P &Z) MEETING DATE: Oc 4 L ' PUBLIC HEARING: YES NO �1 DATE REFERRED: 4 �5��� INITIALS: �'(1 2 STEP APPLICATION: CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon /Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: // - 87 INITIAE4LC... /� City Atty ✓ City Engineer - Bldg. Dept. ( Other: FILE STATUS AND LOCATION: % Y e-`r CASE DISPOSITION GOODMAN STREAM MARGIN REVIEW AND PUD AMENDMENT LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake Road, Callahan Subdivision /PUD. PLANNING AND ZONING COMMISSION VOTE: On October 20, 1987 the Planning and Zoning Commission approved Stream Margin Review recommended to Council to approve the requested PUD amendment subject to the three conditions below. 1. Excavation and construction techniques shall be specified in the Building Permit application to ensure to the satisfaction of the Building Department that no excavation material will be deposited in the River and no unnecessary disturbance of the hillside or nearby vegetation will be caused by the project. 2. An amended PUD plat shall be submitted prior to issuance of a Building Permit according to the standards of Section 20 -15 of the Municipal Code, following the comments of the Engineering Department, and containing a note regarding the existing grove of aspens stating "Existing trees to be protected and saved." 3. Future expansions of the Aspen Club Condominiums shall to be limited to a total of 10% above the original floor area (esti- mated to be 43,560 square feet). A note shall be placed on the amended plat stating this limitation. CITY COUNCIL ACTION: On November 9, 1987 Council approved the Goodman PUD plat amendment and condominium plat amendment subject to the following conditions: 1. Excavation and construction techniques shall be specified in the Building Permit application to ensure to the satisfaction of the Building Department that no excavation material will be deposited in the River and no unnecessary disturbance of the hillside or nearby vegetation will be caused by the project. 2. An amended PUD plat shall be submitted prior to issuance of a Building Permit according to the standards of Section 20 -15 of the Municipal Code, following the comments of the Engineering Department, and containing a note regarding the existing grove of aspens stating "Existing trees to be protected and saved." 3. Ftrtare- expansrena- of -eke Prepen- el- ab- eendemin tans- skal-- arrlp -be &hewed- through- 4 amendine It_- apprevai- of- tirritpp3#ce1iorr -by - the Homeowners--' = R iatiom-- eneetnpe-se4 - t- re- -'ent- tee-- eiass - -ef- -the ehange- ttTetigt- - the-- pro-j -e< - -Pr- mete- -sAraiAr- be- p-leeed - - the p }at- stating - this- previsien 3. The Homeowners Association shall discuss at their annual meeting in December, 1987 the concept of making comprehensive Plat amendments for future changes to the project, and shall report back to the Planning Office regarding this approach. MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Steve Burstein, Planning Office s RE: Goodman PUD Amendment DATE: October 20, 1987 SUMMARY: The Planning Office and Planning and Zoning Commission recommend approval of the requested PUD amendment and condomium- ization plat amendment. Conditions of approval are presented in the recommended motion below. LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake Road, Callahan Subdivision /PUD. ZONING: R- 15(PUD) APPLICANT'S REQUEST: Charles Goodman, owner of the subject condominium unit, requests stream margin review and PUD amendment in order to enclose an area of approximately 150 square feet below an existing deck. PROBLEM DISCUSSION: A. Referral Comments: Engineering Department: Jim Gibbard requested in a memorandum dated October 8, 1987 that the appli- cant (1) show the existing trees and shrubs on the site plan, (2) describe the construction procedure, and (3) prepare an amended plat showing proposed changes to the Third Amended Plat and Development Plan of Callahan Subdivision. B. Planning Office Comments: The plat amendment is subject to the Planned Unit Development amendment procedures in Section 24- 8.26((b) of the Municipal Code. The review criteria are listed below and used to evaluate the application. Criteria: Changes to PUD plats shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the proce- dures established for the filing of the initial approved plan documents. Response: This review has been requested by the applicant in order to create a minor increase in square footage for his unit. There appears to be no negative effect on the PUD plan as long as nearby vegetation is not disturbed. Staff finds that the effect of this addition on the townhouses' massing and site coverage is minimal, as it is a small area under an existing overhang. The plat should be amended according to the standards of Section 20- 15 of the Municipal Code and following the comments of the Engineering Department. The Planning and Zoning Commission expressed concern that incremental changes to the Callahan (Aspen Club) Subdivision /PUD could gradually destroy the amenities of the development. P &Z recommends that future expansions of the Aspen Club Condominiums be limited to a total of 10% above the original floor area approved. The Callahan Subdivision /PUD Development Agreement, signed on May 13, 1976, established the approximate square feet of buildings at 43,560 square feet and ground coverage of the townhouses at 28,040 square feet. Bruce Sutherland calculated the existing gross floor area of the townhouses at 48,552 square feet and ground coverage (excluding decks and terraces) at 28,980 square feet. The 10% limitation would already be exceeded because of incremental development since 1976. If P &Z's condition is accepted, the Goodman expansion cannot be approved. Since we are already in excess of the limit P &Z felt was reasonable and since incrementally we have already exceeded all applicable limits of the Code, staff recommends that future amendments be processed in a more comprehensive manner. Time, money and hassle for the applicant could be saved in this approach. It would also be easier for staff, P &Z and Council to deal with a single application. As we have done for other PUD's in the community, the homeowners association should be the applicant for an amendment that encompasses the entire class of the change through out the project. For example, enclosure of decks or adding second floor bedrooms have been handled through a single application as it would apply to all of the units that could accomodate them. Staff recommends that condition #3 below be replaced by the following condition: "3. Future expansions of the Aspen Club Condominiums shall only be allowed through PUD amendment approval of an application by the Homeowners Association encompassing the entire class of the change through out the project. A note shall be placed on the plat stating this provision." ADVISORY COMMISSION VOTE: On October 20, 1987 the Planning and Zoning Commission recommended to Council to approve the requested PUD amendment subject to the three conditions below. 1. Excavation and construction techniques shall be specified in the Building Permit application to ensure to the satisfaction of the Building Department that no excavation material will be deposited in the River and no unnecessary disturbance of the 2 hillside or nearby vegetation will be caused by the project. 2. An amended PUD plat shall be submitted prior to issuance of a Building Permit according to the standards of Section 20 -15 of the Municipal Code, following the comments of the Engineering Department, and containing a note regarding the existing grove of aspens stating "Existing trees to be protected and saved." 3. Future expansions of the Aspen Club Condominiums shall to be limited to a total of 10% above the original floor area (esti- mated to be 43,560 square feet). A note shall be placed on the amended plat stating this limitation. RECOMMENDED MOTION: "Move to approve the Goodman PUD plat amendment and condominium plat amendment subject to the following conditions: 1. Excavation and construction techniques shall be specified in the Building Permit application to ensure to the satisfaction of the Building Department that no excavation material will be deposited in the River and no unnecessary disturbance of the hillside or nearby vegetation will be caused by the project. 2. An amended PUD plat shall be submitted prior to issuance of a Building Permit according to the standards of Section 20 -15 of the Municipal Code, following the comments of the Engineering Department, and containing a note regarding the existing grove of aspens stating "Existing trees to be protected and saved." 3. Future expansions of the Aspen Club Condominiums shall only be allowed through PUD amendment approval of an application by the Homeowners Association encompassing the entire class of the change through out the project. A note shall be placed on the plat stating this provision." CITY MANAGER' S COMMENT : C � /�wc ` 7 4 / 7 L9---- sb.goodman 3 architecture suthr land, fallin, inc. & planning SEi ui September 3, 1987 1280 ute avenue aspen 81611 Mr. Glen Horn Colorado Aspen Planning and Zoning Department 303/925 -4252 130 S. Galena Aspen, Colorado RE: Goodman Bedroom Expansion Aspen Club Condominiums 1433 Crystal Lake Road • Dear Glen: We are requesting a Stream Margin Review for the above unit located in the Aspen Club. The proposed expansion is below an existing deck, therefore, its effects will be minimal. The floor level of the expansion is not in the flood plain and it is 15.44 feet above the 100 year flood plain high water line. As shown on the site plan, the expansion is 65' horizontally from the flood plain. The lower floor elevation is 7996.69 and the 100 year high water line is elevation 7981.25 at a right angle from the river to the expansion. Recently the Farver deck expansion at 1425 Crystal Lake Road was approved. This project i.5 similar and meets the review criteria as stated for that project. Also enclosed is a check for $270.00 which is the review fee Steve Burstein suggested for this submission. Sincerely, g- ISO Bruce R. Sutherland, AIA enc BRS:Ib to 111112 eruadt. sausot,I. tlti; — LP et t" OCV2 'C - Hv' V 4 a t. r •UOIVIAi z _� l i t r c. or-, -- c :Lilt O 1 ..--j \N___ ) -Th. . ? Li, / 9 `�� -� a t = _ 1� 4 e ta Z a (//) r \\\\ ,N C x P \\ , # ) it o. 5 , . , ________/ / (---- \---\ , / j , 0 , , \ \ \ L-s---i e Thi , 7 ,/V r � / • .aNemtisan Ui clap Y c J 1(1 be� _ , ,�o,.,.. s� o� oo 1■Y'c > : . - s I F 4 i K# Ci it 9 de lliallialM g b z i ® 1 a A- � l / 2 I 0 r ? Ry �l : . Z v J ii P ,1 1 \ Y F T Y 1 ut il L-1 .d 1 Q �° 4 t l) 1 �a I t t i -' l u -- " 2- 0-, - -, ^ .`v -,:co-_ M co I/ � . I— 0 r > it tit II i ea P a i 1 I 1 i ---i i$,_ 1 i n� i v r ______ r____ if Itill , r ■ �1 1 l II 4 r J j1 1,,,,,,E i r i \ 1 MEMORANDUM TO: Aspen Planning and zoning Commission FROM: Steve Burstein, Planning Office RE: Goodman Stream Margin Review /PUD Amendment DATE: October 20, 1987 LOCATION: Unit D4, Aspen Club Condominiums, 1433 Crystal Lake Road, Callahan Subdivision /PUD. ZONING: R- 15(PUD) APPLICANT'S REQUEST: Charles Goodman, owner of the subject condominium unit, requests stream margin review and subdivision exception for a plat amendment in order to enclose an area of approximately 150 square feet below an existing deck. PROBLEM DISCUSSION: A. Referral Comments: Engineering Department: Jim Gibbard requested in a memorandum dated October 8, 1987 that the appli- cant (1) show the existing trees and shrubs on the site plan, (2) describe the construction procedure, and (3) prepare an amended plat showing proposed changes to the Third Amended Plat and Development Plan of Callahan Subdivision. B. Planning Office Comments: Section 24- 6.3(e) of the Municipal Code establishes review criteria for stream margin review. The plat amendment is subject to the Planned Unit Development amendment procedures in Section 24 -8.26 of the Municipal Code. Each review criteria is listed below and used to evaluate the application. 1. Criteria: No development shall occur within a special flood hazard area unless it can be demonstrated that there will be no increase in base flood elevation as a result of the development, as shown by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado." Response: The proposed expansion does not occur within the special flood hazard area, as shown on the site plan and con- firmed by the Engineering Department. 2. Criteria: In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use. Response: An existing bicycle trail is 10 feet away from the expansion. The development will not interfere with this trail. 3. Criteria: All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. Response: The concerns and recommendations of the Roaring Fork Greenway Plan to protect the natural environment of flood plains and adjacent areas should not be affected by the proposed expansion. No trees are located within the building footprints, and none should need to be removed in order to construct the addition. We recommend that on the amended plat the young grove of aspens south of Building D be shown and a note be placed stating "existing trees to be protected and saved." This vegetation is also shown on the approved PUD Plan. 4. Criteria: Vegetation shall not be removed nor any slope grad changes made that may produce erosion of the stream bank. Response: No vegetation along the stream bank will be removed as part of this project. 5. Criteria: All efforts shall be made to reduce pollution and interference with the natural changes of the river, stream or other water course, and to enhance the value thereof as an important natural feature. Response: No interference with the course of the river will result from this project. 6. Criteria: Written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relocation of the a water course, and a copy of said notice shall be submitted to the Federal Emergency Management Agency." Response: The water course is unaffected by the proposed develop- ment. 7. Criteria: In the event a water course shall be altered or relocated, the applicant and applicant's heirs, successors and assigns shall provide maintenance to assure that the flood carrying capacity is not diminished. Response: This criteria does not apply. 8. Criteria: Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain. Response: No work is within the one hundred year floodplain; 2 therefore, this criteria does not apply. 9. Criteria: Changes to PUD plats shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the proce- dures established for the filing of the initial approved plan documents. Response: This review has been requested by the applicant in order to create a minor increase in square footage for his unit. There appears to be no negative effect on the PUD plan as long as nearby vegetation is not disturbed. The amended plat should be amended according to the standards of Section 20 -15 of the Municipal Code and following the comments of the Engineering Department. Additionally, the applicant is encouraged to amend the condominium plat reflecting changes through this stream margin review and the Fervor Stream Margin Review recently approved. If the applicant wishes to amend the condominium plat, he should request this at your meeting. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends approval of the Goodman Stream Margin Review and recommends that the Planning and Zoning Commission recommend to City Council approval of the subdivision exception request for a PUD plat amendment (and condominium plat amendment) subject to the following conditions: 1. Excavation and construction techniques shall be specified in the Building Permit application to ensure to the satisfaction of the Building Department that no excavation material will be deposited in the River and no unnecessary disturbance of the hillside or nearby vegetation will be caused by the project. 2. An amended PUD plat shall be submitted prior to issuance of a Building Permit according to the standards of Section 20 -15 of the Municipal Code, following the comments of the Engineering Department, and containing a note regarding the existing grove of aspens stating "Existing trees to be protected and saved." sb.goodman 3 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning and Development Director RE: Revisions to Residential Zone District Requirements DATE: October 14, 1987 INTRODUCTION: On October 6, you held a public hearing to review a series of staff recommendations for amendments to our resid- ential zone district requirements. These amendments were based on the direction given to staff by the Aspen City Council, and reflected significant research by staff into the type of develop- ment we are experiencing in our neighborhoods this year. There was a mixed reaction at the hearing to the staff recommend- ation. At the conclusion of the meeting, you gave staff direction to make a number of revisions to our approach, and to return at a continued public hearing on October 20. FORMAT: The current staff recommendation is contained as Exhibit 1 to this memo. You will recognize that the exhibit is in the form of a resolution, but it does not contain either the whereas clauses or signature blocks of a resolution. The reasons for placing the recommendation in this form are as follows: 1. At the last meeting, there was confusion about the specifics of our recommendation because some of our ideas were not in the form of code language (for example, the confusion about setbacks such s principal onfus i hope t o confusion by providing you specific language hope for each recommendation in the attached exhibit. it 2 . By placing our recommendation in distinct sections, hat will be easy for you to tell us exactly what you support, you want deleted and what you want revised. 3 . On October 12 , the Council imposed an administrative delay on building permit activity in the R-6 zone, effective through 12/31/87 , subject to formal adoption of an Ordinance to this effect after public hearing on October 26. For us to complete our work by the end of 1987, you must adopt a resolution on October 27 , so that we can have first reading of an Ordinance on November 9. Putting the recommendation in this form will help us to move along toward our deadline. You will recognize that we have not yet addressed all of the issues raised by P&Z at the last meeting. Specifically, we have not yet developed a recommendation for volume control. Since our r last meeting we have made contact with several architects, but due to conflicting schedules, have yet to set a meeting time. We have also contacted the Planning Advisory Service, which is a research arm of our national planning organization, and await information from other communities which have adopted volume controls. We will continue to work on the volume approach and will report to you as we make progress on it, but expect it will be several weeks before we have anything definite in this regard. Because we are still uncertain about the feasibility of adopting a volume approach and because of the urgency placed on this matter by Council, we are recommending adoption of interim changes to the FAR provisions, along with increasing setbacks and adoption of site coverage requirements. Obviously, approach proves feasible, we will return at a later t ate volume with proposals to supercede the FAR approach. However, because volume is a new technique which may prove to be cumbersome or unwork- able, we believe it is imperative to move forward with Council 's direction to address FAR provisions. RECOMMENDED APPROACH: In most respects, our recommendation follows precisely the direction given to us by P&Z. Some of the most important changes we have made are as follows: 1. There are no FAR reductions proposed for single family lots of less than 6, 000 sq. ft. The recommended FAR reductions are only for single family lots in excess of 6, 000 sq. ft. , and for duplex lots. Exhibits 3A and 3B (attached) demonstrate that the proposed curves are generally consistent with the 1981/82 Planning Office recommendation. The new FAR provisions are only recommended to affect the R-6 and RMF zones, and leave the current FAR for the R-15, R-15A, R-15B and R-30 zones intact. 2. In the R-6 zone only, we are recommending variable front yard/rear yard setbacks and variable side yard . Variable setbacks mean that we set a total size for the setbacks front plus the rear yard setback (30 feet) and a minimum size for each of the front and rear yards (10 feet) . size for both side yard setbacks (25 feet Similarly, for ya 6, 000 ss total lot) and a minimum size for each side (5 feet for a 6, 000 sq. ft. lot) . This approach will give greater flexibility for house placement, creating usable yards and also incorporates the concept of the sliding scale for setbacks, as requested. 3 . The size of the setbacks is recommended to be increased from current code provisions, but to a slightly lesser degree than we previously recommended. In the R-15, R-15A and R-30 zones, the only recommended setback change is to increase the side yard from 5 to 15 feet, while in the RMF zone the only recommended setback change is to increase the side yard from 5 to 10 feet, with no provision for variable setbacks. 4 . The site coverage recommendation has been liberalized, to allow the maximum FAR to be built within two stories. Site coverage is only recommended to apply in the R-6 zone. 5. Exhibits 2A through 2D depict how the proposed setbacks and site coverage requirements could be complied with on lots of 3 , 000, 6, 000, 9, 000 and 12 , 000 sq. ft. Because of the variable nature of the proposed limitations, these should be viewed as illustrative, and not actual design constraints. 6 . The FAR calculation methodology has been revised to allow overhangs of 3 feet, not 18" to be eligible for exclusion, and to the allow provided that t all such un nclo ed areas do not exceed their exceed15% cover,, prove of the maximum FAR allowed on the site. 7 . The volume approach to FAR calculation which we proposed at the last meeting has been drafted, but is written as a continuous scale, where for each foot over 10 feet in height of an interior space, the degree to which it counts increases by 0. 05 sq. ft. , to a maximum of 2.0: 1 for a 30 foot high interior space. 8 . We have revised the provision in the damage/destruction section of the proposed nonconformities regulation to differ- entiate between "willful destruction" versus "acts of God or nonwillful destruction" . I spoke to our Code consultant, a loan officer at the bank and a real estate appraiser and all agreed that with such a provision in effect, properties would definitely continue to be loanable. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends that you review our proposal, make any additions, deletions or changes you feel are appropriate, and direct us to return on October 27 with a resolution for your action on this matter. farrec EXHIBIT 1 Section 1 That in the R-6 zone district, the minimum front yard, side yard and rear yard setbacks, as established in Section 24-3 . 4 of the Municipal Code, be repealed and be re-enacted to read as follows: 4 . Minimum front and rear yard: For principal buildings, the front and rear yard shall total no less than thirty (30) feet, and the front yard and rear yard shall each be a minimum of ten (10) feet. For accessory build- ings, the front yard shall be a minimum of fifteen (15) feet, and the rear yard shall be a minimum of five (5) feet. 5. Minimum side yard: Minimum Size for Total of both Lot Size each side yard side ards (s.f. ) (ft. ) Y (ft. ) 0-3000 5 3001-4500 10 5 20 4501-6000 5 6001-9000 25 10 35 9001+ 15 45 6. Maximum site coverage: Lot Size (s.f. ) Site Coverage (%) 0-3000 40% 3001-4500 35% 4501-6000 30% 6001-9000 22 . 5% 9001+ 20% Section 2 That in the R-6 zone district, the external floor area ratio, as established in Section 24-3 . 4 of the Municipal Code, be repealed and re-enacted to read as follows: Lot Size Single-family Allowable Dwellings (Sq.Ft.) Sq Ft 0- 3,000 80 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 3,001- 6,000 2,400 sq.ft. of floor area, plus 28 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 3,240 sq.ft. of floor area. 6,001- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,001-15,000 3,660 sq.ft. of floor area, plus 6 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,020 sq. ft. of floor area. 15,001-50,000 4,020 sq.ft. of floor area, plus 5 sq.ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 5,770 sq.ft. of floor area. 50,000+ 5,770 sq.ft. of floor area, plus 2 sq.ft. of floor area for each additional 100 sq.ft. in lot area. Lot Size Allowable Duplex (Sq.Ft.) SG.Ft. 0- 3,000 90 sq.ft. of floor area for each 1 0 0 sq.ft. in lot area, up to a maximum of 2,700 sq.ft. of floor area. 3,001- 6,000 2,700 sq.ft. of floor area, plus 30 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 3,600 sq.ft. of floor area. 6,001- 9,000 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,001-15,000 4,080 sq.ft. of floor area, plus 6 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,440 sq.ft. of floor area. 15,001-50,000 4,440 sq.ft. of floor area, plus 5 sq.ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq.ft. of floor area. 50,000+ 6,190 sq.ft. of floor area, plus 3 sq.ft. of floor area for each additional 100 sq.ft. in lot area. 2 Section 3 That in the R-15, R-15A and R-30 zone districts, the minimum side yard setback, as established in Section 24-3 . 4 of the Municipal Code, be repealed and re-enacted to read as follows: Minimum side yard (ft. ) : 15 Section 4 That in the R-15, R-15A, R-30 and R-40 zone districts, the external floor area ratio, as established in Section 24-3 . 4 of the Municipal Code, be repealed and re-enacted to read as follows: rot Size Detached Residential Allowable Dwellings (Sq.Ft.) Sq.Ft. 0- 3,000 80 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 3,001- 9,000 2,400 sq.ft. of floor area, plus 28 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,080 sq.ft. of floor area. 9,001-15,000 4,080 sq.ft. of floor area plus 7 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,500 sq. ft. of floor area. 15,001-50,000 4,500, sq.ft. of floor area, plus 6 sq.ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 6,600 sq.ft. of floor area. 50,000+ 6,600 sq.ft. of floor area, plus 2 sq.ft. of floor area for each additional 100 sq.ft. in lot area. Tot Size Allowable Duplex (Sq.Ft.) Sq.Ft. 0- 3,000 90 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,700 sq.ft. of floor area. 3,001- 9,000 2,700 sq.ft. of floor area, plus 30 sq.ft. of floor area for each additional 3 100 sq.ft. in lot area, up to a maximum of 4,500 sq.ft. of floor area. 9,001-15,000 4,500 sq.ft. of floor area, plus 7 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 4,920 sq.ft. of floor area. 15,001-50,000 4,920 sq.ft. of floor area, plus 6 sq.ft. of floor area for each additional 100 sq.ft in lot area, up to a maximum of 7,020 sq.ft. of floor area. 50,000+ 7,020 sq.ft. of floor area, plus 3 sq.ft. of floor area for each additional 100 sq.ft. in lot area. Section 5 That in the RMF zone district, the minimum side yard setback, as established in Section 24-3 . 4 of the Municipal Code, be repealed and re-enacted to read as follows: Minimum side yard (ft. ) : 10 Section 6 That in the RMF zone district, the external floor area ratio, as established in Section 24-3 . 4 of the Municipal code, be repealed and re-enacted to read as follows: Lot Size Single-family Allowable Dwellings (Sq.Ft.) Sq.Ft. 0- 3,000 80 sq.ft. of floor area for each 100 sq.ft. in lot area, up to a maximum of 2,400 sq.ft. of floor area. 3,001- 6,000 2,400 sq.ft. of floor area, plus 28 sq.ft. of floor area for each additional 100 sq.ft. in lot area, up to a maximum of 3,240 sq.ft. of floor area. 6,001- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 9,001-15,000 3,660 sq.ft. of floor area plus 6 sq.ft. 4 of floor area for each additional 100 sq.ft. in lot Asa, up to a maximum of 4,020 sq. ft. of floor area. 15,001-50,000 4,020 sq.ft. of floor area, plus 5 sq.ft. of floc: area for each additional 100 sq.ft in _o area, up to a maximum of 5,770 sq.ft. of floor area. 50,000+ 5,770 sq.ft. of floor area, plus 2 sq.ft. of °lacr area for each additional 100 sq.ft. in to area. lot Size Allcwahle Duplex (SgL.Ft•) �-I•"-'- 0- 3,000 90 sq.ft. cf floor area for each 1 0 0 sq.ft. in lot area, up to a maximum of 2,700 sq.ft. of floor area. 3,001- 6,000 2,700 sq.ft. of floor area, plus 30 sq.ft. of floor area for each additional 100 sq.ft. in r area, up to a maximum of 3,600 sq.ft. of floor area. 6,001- 9,000 3,600 sq. ft. cf floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in ___ area, up to a maximum of 4,080 sq. ft. of floor area. 9,001-15,000 4,080 sq.ft. of floor area, plus 6 sq.ft. of flccr area for each additional 100 sq.ft. in lot area, up to a maximum of 4,440 sq.ft. of floor area. 15,001-50,000 4,440 sq.ft. of floor area, plus 5 sq.ft. of flccr area for each additional 100 sq.ft in lot area, up to a maximum of 6,190 sq.ft. of floor area. 50,000+ 6,190 sq.ft. of floor area, plus 3 sq.ft. of flccr area for each additional 100 sq.ft. in lot area. Multi-Family: 1: 1 Section 7 That Section 24-3 . 7 (e) of the Municipal Code be repealed and re- enacted to read as follows: FLOOR AREA means the sum of the gross horizontal areas of each story of the building measured from the exterior walls, or from the center line of the party walls, including the floor area of accessory uses and of accessory buildings and structures. In measuring floor areas for floor area ratio and allowable floor area, the following applies: (1) General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the sur- rounding exterior walls (measured from their exterior surface) of a building, or portion thereof. (2) Decks, balconies and stairways. The calculation of floor area of a building, or a portion thereof, shall exclude above-grade decks, porches, stairways, balcon- ies and similar features when the area of such features is: (a) Not surrounded by exterior walls or enclosed, provided the area may be covered by a projection from the building which is less than or equal to three (3) feet, and further provided that a porch may be covered by a roof or projection from the building of unlimited size; and (b) Less than or equal to fifteen percent (15%) of the maximum allowable floor area of the building. All area included in an above-grade deck, porch, stairway, balcony or similar feature which does not meet either of the above conditions shall be included as part of the floor area calculation. (3) Garages and carports. For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, garages and carports shall be excluded up to a maximum area of four hundred (400) square feet per dwelling unit; all garage or carport space in excess of four hundred (400) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or from a private road entering at the rear of the dwelling unit, the garage shall only be excluded from floor area calculations if it is 6 located on the alley or at the rear of the unit. (4) Subgrade areas. The area of any story which is one hundred (100%) percent subgrade, as measured from natural grade, shall be excluded from floor area calculations. For any story which is partly above and partly below natural grade, a calculation of the total volume of the story which is above and which is below grade shall be made, for the purposes of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the wall area of the story which is above natural grade which shall be multiplied by the total floor area of the subject story, and the resulting total shall be that area which is included in the floor area calcula- tion. (5) Volume. For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determin- ation shall be made as to those areas within the building which are less than ten (10) feet in height and those which exceed ten (10) feet in height, as measured from floor to ceiling. Those areas which are ten (10) feet or less from floor to ceiling shall count toward allowable floor area at the ratio of one (1) square foot for each one (1) square foot of floor area. For those areas which exceed ten (10) feet from floor to ceiling, the ratio at which they shall count shall increase by five one-hundredths (0. 05) of a square foot for each one (1) foot increase in height, to a maximum ratio of two (2) square feet for each one (1) square foot of floor area. (6) Planned Unit Development. For residential Planned Unit Development applications, the allowable floor area shall be calculated by determining the square footage of the entire land ownership, reduced according to the provisions of Section 7-903 (B) (2) (b) . The reduced square footage or land shall then be divided by the total number of dwelling units existing and proposed for development to determine the land area for each lot in the Planned Unit Development (PUD) , which shall be the area used to determine the amount of floor area attributable to each lot in the Planned Unit Develop- ment (PUD) . The total floor area allowed for the Planned Unit Development (PUD) shall be the cumulative total of the floor areas for each of the lots in the Planned Unit Development (PUD) . 7 Section 8 That Article XIII of Chapter 24 of the Municipal code be repealed and re-enacted to read as follows: ARTICLE XIII - NON-CONFORMITIES Sec. 24-13.1. Purpose. Within the Zone Districts established by this chapter, there exist uses of land, buildings and structures that were lawfully established before this chapter was adopted or amended which would be in violation of the terms and requirements of this chapter. The purpose of this article is to regulate and limit the continued existence of these uses, buildings, and structures that do not conform to the provisions of this chapter or any amendments thereto. It is the intent of this article to permit these nonconfor- mities to continue, but not to encourage their survival. It is further the intent of this article that nonconformities should not be enlarged or expanded. The provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination in order to preserve the integrity of the Zone Districts and the other provisions of this chapter. Sec. 24-13.2. Nonconforming uses. A. Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provi- sions of this article and this section. B. Normal repair and maintenance. Normal maintenance and repair to permit continuation of nonconforming uses may be performed in any period of twelve (12) consecu- tive months, to an extent not exceeding ten (10%) percent of the current replacement cost of the struc- ture. C. Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming uses by additions to the area of the structure in which such noncon- forming uses are located; or 2 . Occupancy of additional lands. D. Relocation. A structure housing a nonconforming use may not be moved either to another location on or off 8 the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the Zone District into which it is moved. E. Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the Zone District in which it is located. F. Termination. 1. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of this chapter. 2. Damage or destruction. Any structure housing a nonconforming use which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of said structure or which is damaged or destroyed to any extent by an act of God or through any manner not willfully accomp- lished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of damage. Any structure housing a non-conforming use which is willfully damaged or destroyed to the extent of more than fifty (50%) percent of the fair market value of said structure shall only be restored in conformance with the provisions of this chapter. Sec. 24-13.3. Nonconforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the Zone District in which it is located may be continued in accordance with the provisions of this article. B. Normal repair and maintenance. Normal maintenance and repair of nonconforming structures may be performed in any period of twelve (12) consecutive months without limit on the cost of the maintenance and repair. C. Extensions. 1. General. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 9 2. Historic Landmark. The only exception to this requirement shall be for a structure designated as an Historic Landmark pursuant to Art. 7, Div. 7 which is nonconforming as to allowable floor area and is used as a detached residential or duplex dwelling unit. Such structures may be extended as long as the enlargement does not increase the floor area of the existing structure by more than five hundred (500 ' ) square feet, and the enlarge- ment complies with all other requirements of this chapter. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the Zone District in which it is located. E. Termination. 1. Abandonment. Where a nonconforming structure is abandoned for twelve (12) consecutive months, then such structure shall be removed or converted to a conforming structure. 2. Damage or destruction. a. General. Any part of a nonconforming structure which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of said structure or which is damaged or destroyed to any extent by an act of God or through any manner not willfully accomplished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of the damage. Any part of a non-conforming structure which is willfully damaged or destroyed to the extent of more than fifty (50%) percent of the fair market value of said structure shall only be restored in conformance with the provisions of this chapter. b. Structure in stream margin. Any part of a nonconforming structure which is in the stream margin as established pursuant to Sec. 7-504, which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of the structure, may be restored as of right if the structure can be rebuilt in the original footprint, consistent with the provisions of Art. 7, Div. 5. 10 J c. Unsafe structure. Any portion of a noncon- forming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly authorized City official, shall only be restored, repaired or rebuilt in conformity with the provisions of this chapter. Sec. 24-13.4. Nonconforming accessory uses and accessory structures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have ter- minated unless such structure or use thereafter shall conform to the provisions of the Zone District in which it is located. Sec. 24-13.5. Lodge and hotel preservation. All lodge and hotel uses and structures that are lawfully established at the time of adoption of this chapter or an amendment which would be considered to make the lodge or hotel a nonconforming use or structure under this chapter are hereby declared to be conforming and not subject to the provisions of this article as long as the following standards and requirements are met. A. Reconstruction or renovation. All reconstruction of a structure shall meet the dimensional requirements of the underlying Zone District. Renovation shall not increase the nonconformity of the structure. Renova- tion is the investment of up to fifty (50%) percent of the appraised value of the structure, net of land value. Reconstruction is the investment of fifty (50%) percent or more of the value of the structure, net of land. B. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, or the total square footage in the lodge or hotel, unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use. C. Construction of employee housing. The enlargement of the lodge or hotel for the purpose of constructing employee housing shall be reviewed and considered as a Development Application for a conditional use pursuant to Art. 7, Div. 3 . In determining whether to approve, approve with conditions, or disapprove the application, 11 the Commission shall ensure the following standards and requirements are met. 1. There is no increase in lodge or hotel units; 2 . The proposed employee housing units are in compliance with the adopted housing plan, and specifically the need for seasonal employee rooms; 3 . There is a maximization of construction quality and unit size in the proposed employee housing units; 4 . There are adequate public facilities to serve the proposed development, and off-street parking is provided pursuant to Art. 5, Div. 3 . 5. The proposed employee housing is compatible with surrounding land uses and the dimensional require- ments of the underlying Zone District. 6. The proposed employee housing is deed restricted to the employee rental guidelines, and against commercial rental or sale. In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge or hotel. 7. The proposed employee housing receives health, safety and fire inspection and commitments are made to comply with the results of said inspec- tion. 8 . The deed restricted employee housing units are limited in their rental solely to employees of the lodge or hotel, and shall not be rented to other employees of the City nor rented on the open market. 9. The expansion may be in rental rooms, provided an equal amount of existing square footage of space is converted from rental rooms to deed restricted employee housing units. D. Abandonment. The intent of the owner notwithstanding, when a lodge or hotel subject to this section is discontinued or abandoned for twelve (12) consecutive months, then the use may not be re-established or the structure occupied, without conforming to the standards and requirements of the underlying Zone District. 12 E. Damage or destruction. If a lodge or hotel subject to this section is damaged or destroyed by any means and is not repaired or replaced within two (2) years from the date of damage or destruction, it shall be recon- structed pursuant to the standards and requirements of this chapter. Sec. 24-13.6. Nonconforming lots of record. A. General. A detached single family dwelling and customary accessory buildings may be developed on a lot of record if: 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2 . The proposed single family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the Zone District can be met, or a variance is obtained to vary from said dimensional require- ments pursuant to Article 10. B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record at the effective date of the adoption or amendment of this chapter, regardless of time of acquisition, and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does meet the width and area requirements of this chapter. Sec. 24-13 .7. Lot reduction. A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this chapter, or to leave remaining any lot in violation of the dimensional requirements of this chapter. B. No lot or portion of a lot required as a building site under this chapter shall be used as a portion of a lot required as a site for another structure. C. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this section. Any trans- feree who acquires a lot in violation of this paragraph without knowledge of such violation, and any subsequent 13 r transferee, shall have the right to rescind and/or receive damages from any transferer who violates the provisions of this paragraph. Section 9 That the following definitions be added to Section 24-3 . 1 of the Municipal Code: NONCONFORMING STRUCTURE means any structure which was estab- lished pursuant to the zoning and building laws in effect at the time of its development, but which no longer conforms to the dimensional requirements imposed by this Code for the Zone District in which it is located. NONCONFORMING USE means any use of land, building or structure, which was established pursuant to the zoning and building laws in effect at the time of its development, but which use is no longer a permitted or conditional use under the regulations imposed by this Code for the Zone District in which it is located. NORMAL MAINTENANCE AND REPAIR OF A NON-CONFORMITY means any work done in a period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. SITE COVERAGE means the percentage of a site covered by build- ings, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of a building at ground level. 14 a • t. .. h' .20 g 14'' 4 ; .- V` \s\ i— ! ,...jii. ss v\ i 1 1. t'u'll . 'il '1 i h t gi gA i • • ,1 k 4 A N \- � S 6 ------- -- --, I I 1 a i___ __ - - _ _ _ _ _ _ , - --- --. J l \I\ d. ,R u O 0 1r G flii,) kfi III \-. Ta- i --- "---) Cn s. u4 1 0 . v W fi 11 Q c.- v \' g .-- 1 ‘i ___1 R \- o E I- x I I tu I I I ' I I I I I (-N . . ,,L 4 0 .. ,. �'- o til . 0 0 1, II g 1.., • ,t1.1‘7 3 ‘� Z \''' y JL. ` o } kn 0 0 al < :2>1 \i' _-_4 q., , II- g i;9- : � �6 N tiles 3 4.- 06 ilN � ? � Y `� N -q 4 0 ?n m • u \._) z. ._i.. 0 O i 1 I 1 1 1 1 1 I g 1 I 1 f 1__ tb. I I 1 1- 0 -±. 1 Y. I i I I I 1 M L. . 4 .c; o 11, 11 „ \N t6 0 IL: 1- 14' V il i \f‘ + --'' ‘-. ‘I\ i N d 1".*Hi 11 11 11l +H i IL It ‘.._ .....212 4... x. 1... ,. 1 0 . . 2 , ILI i ( cT ,2, N m 9 • 8 E 6 I I N I I I � � 1 I 1 I I I I I I 1 1 • 1 . , o d 1 .i 6 1 . 1 . 1 . 1 • . 1 i • cy 0 1. . 1 : 1 . % i W d . % -- VA tiN i : 1 . 1 . ■ - . 1 . 1 • \\\ \\\ tA . 1 • : 1 •: 11 .. t� • 1 _ 1 z 1 . 1 Z . • 11 • ,_ • • • . . . . p O t ! VA 11 4 . Vii O kl . 1 = Q D N D 11 . N . . 0 a: J i s. i t. V u Nd` . . . . . . . . I . . . . III • r 0 1 114 . >CZ a . , . 1 1 . L . . 0 : ►► . ►\\ 0 ��\ Z . ., S .is. g g § • • } , 1 =1Mil Mir Mir MEMORANDUM TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department DATE: October 8, 1987 RE: Goodman Stream Margin Review /PUD Amendment Having reviewed the above application and having made a site inspection, the Engineering Department has the following comments: 1. The submitted site plan should include existing trees and shrubs. 2. The submitted application should include construction pro- cedure to be used. 3. This development is not within the boundaries of the 100 year flood plain and therefore review criteria which pertains specifi- cally to development within the special flood hazard area does not apply. 4. The applicant should submit to the Engineering Department an amended plat and development plan which shows any proposed changes to the Third Amended Plat and Development Plan of Callahan Subdivision. jg /gdmnstmr cc: Jay Hammond Chuck Roth F I : , PE o CITY 1‘.� � , ,� bi I987 130 .' - •• reet ' 611 ! asp' : � . , MEMORANDUM DATE: September 30, 1987 TO: Steve Burstein, Planning Office FROM: City Attorney RE: Goodman Stream Margin Review /PUD Amendment We have no comments at this time, except that this application should be reviewed in light of applicable stream margin review standards as recently amended by Ordinance No. 7 (Series of 1987). PJT /mc I . I ORDINANCE NO. '7 / (Series of 1987) AN ORDINANCE AMENDING SECTION 7- 141(c) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO SET FORTH REQUIREMENTS FOR APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS FOR THE PURPOSE OF MEETING THE MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM • WHEREAS., the Federal Emergency Management Agency has recommended the enactment of regulations restricting development in flood hazard areas as required for participation in the National Flood Insurance Program; and WHEREAS, the City deems it to be in the best interest of the City, its inhabitants and visitors to amend Section 7- 141(c) as ■ hereinbelow provided in order to minimize public and private losses due to flood conditions in specific areas, and also for the purpose of complying with the minimum requirements estab- lished by the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The City Council of the City of Aspen hereby finds that: 1. The flood hazard areas of the City of Aspen are subject to periodic inundation which results in loss of life and pro- perty, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and when inadequately flood - proofed, elevated or otherwise protected from flood damage also contribute . to the flood loss. Section 2 That subsection (c) of Section 7 -141 of the Municipal Code of the City of Aspen, Colorado, pertaining to amendments or additions to Section 302(a) of the Uniform:Building Code (1979 Edition) shall be amended, so as to revise the requirements pertaining to applications for construction in special flood hazard areas, to read as follows: "9. In addition to the requirements for permit applications set forth in Section 302(a), when construction or development is proposed in a special flood hazard area as identified by the Flood Insurance Study for the City of Aspen dated December 4, 1985, a certification from a registered professional engineer or architect shall be submitted for public recordation, verifying full and accurate compliance with the following additional requirements: (a) Accurate elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard area. For floodplain management purposes only, "lowest floor" means the lowest floor of the lowest 2 and discharge from the systems into flood waters. (h) On -site waste disposal systems shall be located to avoid impair- ment to them or contamination from them during flooding. (i) Electrical, heating, ventilation, plumbing and air - conditioning equipment and other service facilities shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions,of flooding. (j) There shall be no manufactured homes permitted within the 100 -year floodplain. • Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reasqn 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 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. 4 Section 5 A public hearing on the ordinance shall be held on the day of 7,A4A 6._A„ , 1987, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the „4:3 day of Ci Gut,a.4 , 1987. le :;. 5 :4.17 --- 2 -7A:111111 .TA■ William L. Stirling, Mayor ATTEST: Kathryn $: Koch, City Clerk (2517(_, F INALLY adopted, passed and approved / day of / / (a c , 1987. William L. Stirling, Mayor ATTEST: Kathryn S/1 Koch, City Clerk 5 • MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Goodman Stream Margin Review /PUD Amendment DATE: September 24, 1987 Attached for your review and comments is an application submitted by Bruce Sutherland on behalf of his client Charles Goodman requesting Stream Margin Review and PUD Amendment for an expan- sion located at 1433 Crystal Lake Road, (Aspen Club Condomin- iums). Please review this material and send in your comments no later than October 6, 1987 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you. architecture sutherlar - fallin, inc. & planning � I A li t SEP 3I:J September 3, 1987 1280 ute avenue aspen 81611 Mr. Glen Horn colorado Aspen Planning and Zoning Department 303/925 - 4252 130 S. Galena Aspen, Colorado RE: Goodman Bedroom Expansion Aspen Club Condominiums 1433 Crystal Lake Road • Dear Glen: We are requesting a Stream Margin Review for the above unit located in the Aspen Club. The proposed expansion is below an existing deck, therefore, its effects will be minimal. The floor level of the expansion is not in the flood plain and it is 15.44 feet above the 100 year flood plain high water line. As shown on the site plan, the expansion is 65' horizontally from the flood plain. The lower floor elevation is 7996.69 and the 100 year high water line is elevation 7981.25 at a right angle from the river to the expansion. Recently the Farver deck expansion at 1425 Crystal Lake Road was approved. This project is similar and meets the review criteria as stated for that project. Also enclosed is a check for $270.00 which is the review fee Steve Burstein suggested for this submission. Sincerely, 43.w.u. 4. Bruce R. Sutherland, AIA enc BRS:Ib CHARLES H. GOODMAN 300 WEST WASHINGTON STREET • CHICAGO, ILLINOIS 60606 September 16, 1987 Mr. Bruce Sutherland SUTHERLAND, FALLIN, INC. 1280 Ute Avenue Aspen, CO 81611 Dear Mr. Sutherland: Thank you for your call of yesterday. Pursuant to your request, this letter will confirm your authorization to proceed with application on our behalf for the proposed construction of our condominium unit at the Aspen Club. Enclosed please find our check in the amount of $80, reimbursing you for the necessary application fee. Also enclosed please find evidence of ownership of the said condominium, as follows: 1. One copy of the original deed dated December 21, 1977. 2. One copy of the Stewart Title Guaranty Company policy of title insurance dated February 28, 1978. Please advise if you require any additional information. Very truly i �urs / , ie 7 x Charles H. Goodman CHG:ek Enclosures SUTHERLAND, FALUN, INI 11,U7'17.11 DIY U'FfIA MSG`��UM,L. 1280 Ute Avenue ASPEN, COLORADO 81611 DATE JOB NO (303) 925-4252 9/17/87 87 -01S ATTENTION TO City of Aspen - Planning Department RE Coodma�ee� Aspen, Colorado Aspen „Trwnmuses SW 1 71987 s= - WE ARE SENDING YOU X Attached ❑ Under separate cover via hand deliver the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications L Copy of letter ❑ Change order ❑. COPIES DATE NO. DESCRIPTION 2 ea 9/16/87 Letter of authorization 2 ea Letter of ownership 2 ea 1 -3 Copies of original submission THESE ARE TRANSMITTED as checked below: ❑ -Few—apparwea4_ ❑ ❑ Resubmit copies for approval ❑ For your use ❑wed— ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO CHARLES H. GOODMAN 300 WEST WASHINGTON STREET • CHICAGO, ILLINOIS 60606 September 16, 1987 Mr. Bruce Sutherland SUTHERLAND, FALLIN, INC. 1280 Ute Avenue Aspen, CO 81611 Dear Mr. Sutherland: Thank you for your call of yesterday. Pursuant to your request, this letter will confirm your authorization to proceed with application on our behalf for the proposed construction of our condominium unit at the Aspen Club. Enclosed please find our check in the amount of $80, reimbursing you for the necessary application fee. Also enclosed please find evidence of ownership of the said condominium, as follows: 1. One copy of the original deed dated December 21, 1977. 2. One copy of the Stewart Title Guaranty Company policy of title insurance dated February 28, 1978. Please advise if you require any additional information. Very truly yours, 41 k Charles H. Goodman CHG:ek Enclosures ALTA Owner's Policy —Form 8— Amended 10.73 1 I , W` e ;. erdt. o- ae.. es. e:: o.. o.. e. ?e.. o-. a;: o-• o-. o.' o.. o-. o:a. POLICY OF TITLE INSURANCE ISSUED BY ' t , - l • t�C 41 ¢ STEW TITLE : $ ''� GUARANTY COMPANY 1 1 1i•N" $, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND 4 % ' d" THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY ` ' , ll : COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in g ' :d i Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys L. , ¢ M ` fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by ,, . 1;,: reason of: t. ei ;‘,.::1' ' 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; � ' , 7 $, 2. Any defect in or lien or encumbrance on such title; or 'I�` 7 • ° �, � ' 3. Lack of a right of access to and from the land. li� " 4. Unmarketability of such title �$" " , IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its , �¢ ' ; I ' ^A duly authorized officers as of Date of Policy shown in Schedule A. + '�' ry ; � p 2aiQ 'r sy :4 STEWART TITLE Y, m . * i � ia`E v GUARANTY COMPANY �Y � .I)) Countersigned: � . 1.e a : G� Qe 0 00.Pegf I>,8 / , • 3*. . + F r • a J. � = i•. ••• :i $`� Chairman . �. ; ; ' Q/ a-ebr) a-c"--4-4-`-e--‘ If/// er efra . 1< rrj i ft W.�w�% Aut rized Countersignature President ro,\ W j n dd ill 3 ..10 :1 SCHEDULE OF EXCLUSIONS FROM COVERAGE I ' . di 4 ly The following matters are expressly excluded from the coverage of this policy: �1)' .`" )) , 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or ' 1) yy '� , r' prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or Ye . F'< 3 hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect A o� • k.�ot1 of any violation of any such law, ordinance or governmental regulation. . . • ;0° ■ 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public 41 C J L 3 records of Date of Policy. „1� c ( t o 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; lb) not i � B > - Px known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date , 0:1 such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company ! o a,a I prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) .11 - } attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured x _3 Or 6f ' claimant had paid value for the estate or interest insured by this policy. ¢M 4 Si ,,,,, ..C •CD 40. ss. 0 e." 0. Page 1 of 0 2 3 3 917 0_.0. 0. 0 0 0 . 0 C - Nil-4 '•ir P olrcy S No. ALTA OWNER'S POLICY — Amended 10/1' 1 • SCHEDULE A Order No.: 7414 -C2 Policy No.: 0 233917 Date of Policy: February 28, 1978 at 8:00 A.M. Amount of Insurance: $ 327,800.00 1. Name of Insured: CHARLES H. GOODMAN 2. The estate or interest in the land described herein and which is covered by this policy is: in fee simple. 3. The estate or interest referred to herein is at Date of Policy vested in: CHARLES H. GOODMAN 4. The land referred to in this policy is described as follows: Condominium Unit D -4, Building D, The Aspen Club Condominiums, according to the Condominium Map thereof recorded in Plat Book 6 at page 20 and according to the Condominium Declaration thereof recorded April 29, 1977 in Book 328 at page 80 and Amendment thereto recorded August 17, 1977 in Book 333 at page 722. County of Pitkin, State of Colorado. SUBJECT to the terms, provisions and obligations of said Condominium Declaration and amendment thereto. Page STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY— Modified 10/73 • • • SCHEDULE B Policy No.: 0 233917 This policy does not insure against loss or damage by reason of the following: 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, and 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,Any and all unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. 1 /6,Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits claimed or known to exist March 23, 1885 and the right of the proprietor of a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits for the purpose of extracting and removing the ore from such vein or lode should the same be found to penetrate or intersect the premises, all as reserved in Patent recorded June 17, 1949 in Book 175 at page 246. (Affects Riverside Placer) 7.Right of way for the Riverside Ditch. ei S.Terms, conditions and obligations for an easement for a recreational trail as set forth in Agreement for Easement between Frederic A. Benedict, Fabienne Benedict and Benedict Land and Cattle Company and The Board of County Commissioners of Pitkin County recorded September 25, 1975 in Book 303 at page 452 and Supplementary Agreement recorded July 29, 1977 in Book 332 at page 540. 9,Terms, conditions, obligations and restrictions as set forth in Subdivision and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at page 110. 10.Conditions as set forth in Easement Agreement recorded May 19, 1976 in Book 312 at page 158 and Mutual Indemnity Agreement recorded May 19, 1976 in Book 312 at page 165. •'11.A transferable easement for the placement of utilities and any equipment supporting such utilities over, under, across and upon the subject property, as reserved by Andrew V. Hecht, Trustee, in deed recorded May 19, 1976 in Book 312 at page 186 and described in deed to Robert S. Goldsamt recorded May 19, 1976 in Book 312 at page 188 and subsequent conveyance thereof to Aspen Club International, Inc. recorded August 17, 1977 in Book 333 at page 730. (continued on page 3 -A) STEWART TITLE Page3 GUARANTY COMPANY 1613 Attached to made a part of Stewart Title Guaranty Company Policy No. 0 233917 Continuation of Schedule B " 12. Easements as set forth in Reciprocal Easement Grant recorded May 19, 1976 in Book 312 at page 196 13. Easements and covenants as set forth on the recorded Plat of Callahan Subdivision and the amended Plat thereof. 14. Terms, conditions and obligations as contained in the Condominium Declaration for Aspen Club Condominiums recorded April 29, 1977, in Book 328 at page 80 and Amendment thereto recorded August 17, 1977 in Book 333 at page 722. 15. Easements as shown on the map for Aspen Club Condominiums in Book 6 at page 20. 16. Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Fire Protection District, Aspen Metropolitan Sanitation District, Basalt and Rural Fire Protection District, Aspen Valley Hospital District and The City of Aspen. r' 17. Deed of Trust from Charles H. Goodman to the Public Trustee of Pitkin County for the use of The First National Bank of Chicago to secure $150,000.00 dated November 25, 1977, recorded December 21, 1977 in Book 340 at page 801. Page 3 —A STEWART TITLE 1514 GUARANTY COMPANY Ceili DITIONS AND STIPULATIONS 1. DEFINITION OF TERMS which might cause loss or damage for which the Company The following terms when used in this policy mean: may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured (a) "insured ": the insured named in Schedule A, and, all liability of the Company shall cease and terminate in subject to any rights of defenses the Company rnay have regard to the matter or matters for which such prompt had against the named insured, those who succeed to the notice is required; provided, however, that failure to notify interest of such insured by operation of law as distinguished shall in no case prejudice the rights of any such insured from purchase including, but not limited to, heirs, dis- under this policy unless the Company shall be prejudiced tributees, devisees, survivors, personal representatives, next by such failure and then only to the extent of such of kin, or corporate or fiduciary successors. prejudice. (b) "insured claimant ": an insured claiming loss or (c) The Company shall have the right at its own cost to damage hereunder. institute and without undue delay prosecute any action or (c) "knowledge ": actual knowledge, not constructive proceeding or do any other act which in its opinion may be knowledge or notice which may be imputed to an insured necessary or desirable to establish the title to the estate or by reason of any public records. interest as insured, and the Company may take any (d) "land ": the land described, specifically or by appropriate action under the terms of this policy, whether reference in Schedule A, and improvements affixed thereto or not it shall be liable thereunder, and shall not thereby which by law constitute real property; provided, however, concede liability or waive any provision of this policy. the term "land" does not include any property beyond the (d) Whenever the Company shall have brought any lines of the area specifically described or referred to in action or interposed a defense as required or permitted by Schedule A, nor any right, title, interest, estate or easement the provisions of this policy, the Company may pursue any in abutting streets, roads, avenues, alleys, lanes, ways or such litigation to final determination by a court of waterways, but nothing herein shall modify or limit the competent jurisdiction and expressly reserves the right, in extent to which a right of access to and from the land is its sole discretion, to appeal from any adverse judgment or insured by this policy. order. (e) "mortgage ": inortgage, deed of trust, trust deed, or (e) In all cases where this policy permits or requires other security instrument. the Company to prosecute or provide for the defense of (f) "public records ": those records which by law any action or proceeding, the insured hereunder shall secure impart constructive notice of matters relating to said land. to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals 2. CONTINUATION OF INSURANCE AFTER CON therein, and permit the Company to use, at its option, the VEYANCE OF TITLE name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all The coverage of this policy shall continue in force as of reasonable aid in any such action or proceeding, in effecting Date of Policy in favor of an insured so long as such insured settlement, securing evidence, obtaining witnesses, or pros - retains an estate or interest in the land, or holds an ecuting or defending such action or proceeding, and the indebtedness secured by a purchase money mortgage given Company shall reimburse such insured for any expense so by a purchaser from such insured, or so long as such insured incurred. shall have liability by reason of covenants of warranty made 4. NOTICE OF LOSS — LIMITATION OF ACTION by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not In addition to the notices required under paragraph continue in force in favor of any purchaser from such 3(b) of these Conditions and Stipulations, a statement in insured of either said estate or interest or the indebtedness writing of any loss or damage for which it is claimed the secured by a purchase money mortgage given to such Company is liable under this policy shall be furnished to insured. the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to 3. DEFENSE AND PROSECUTION OF ACTIONS — an insured claimant until 30 days after such statement shall NOTICE OF CLAIM TO BE GIVEN BY AN INSURED have been furnished. Failure to furnish such statement of CLAIMANT loss or damage shall terminate any liability of the Company (a) The Company, at its own cost and without undue under this policy as to such loss or damage. delay, shall provide for the defense of an insured in all 5. OPTIONS TO PAY OR OTHERWISE SETTLE litigation consisting of actions or proceedings commenced CLAIMS against such insured to the extent that such litigation is The Company shall have the option to pay or otherwise founded upon an alleged defect, lien, encumbrance, or settle for or in the name of an insured claimant any claim other matter insured against by this policy. insured against or to terminate all liability and obligations (b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment writing (1) in case any action or proceeding is begun as set of the amount of insurance under this policy together with forth in (a) above, (ii) in case knowledge shall come to an any costs, attorneys' fees and expenses incurred up to the insured hereunder of any claim of title or interest which is time of such payment or tender of payment, by the insured adverse to the title to the estate or interest as insured, and claimant and authorized by the Company. (continued and concluded on last page of this policy) COI`,,TIONS AND STIPULATIONS Continued • (continued and concluded from reverse side of Policy Face) 6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided (a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has 111 the actual loss of the insured claimant; or otherwise been agreed upon as to each such parcel by the (ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this (b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an insured against by this policy, all costs imposed upon an endorsement attached hereto. insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE - insured, and all costs, attorneys' fees and expenses in MENT litigation carried on by such insured with the written Whenever the Company shall have settled a claim under authorization of the Company. this policy, all right of subrogation shall vest in the (c) When liability has been definitely fixed in accord- Company unaffected by any act of the insured claimant. ance with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all shall be payable within 30 days thereafter, rights and remedies which such insured claimant would 7. LIMITATION OF LIABILITY have had against any person or property in respect to such No claim shall arise or be maintainable under this claim had this policy not been issued, and if requested by policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of lien or encumbrance or establishes the title, as insured, subrogation and shall permit the Company to use the name within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation the event of litigation until there has been a final involving such rights or remedies. If the payment does not determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall disposition of all appeals therefrom, adverse to the title, as be subrogated to such rights and remedies in the proportion insured, as provided in paragraph 3 hereof; or (c) for which said payment bears to the amount of said loss. If loss liability voluntarily assumed by an insured in settling any should result from any act of such insured claimant, such claim or suit without prior written consent of the Com- act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses pany. insured against hereunder which shall exceed the amount, if 8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of All payments under this policy, except payments made the right of subrogation. for costs, attorneys' fees and expenses, shall reduce the 12. LIABILITY LIMITED TO THIS POLICY amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of This instrument together with all endorsements and such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company which case proof of such loss or destruction shall be is the entire policy and contract between the insured and furnished to the satisfaction of the Company. the Company. 9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting under this policy shall be reduced by any amount the such claim, shall be restricted to the provisions and Company may pay under any policy insuring either (a) a conditions and stipulations of this policy. mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or No amendment of or endorsement to this policy can be (b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or payment under this policy. The Company shall have the authorized signatory of the Company. option to apply to the payment of any such mortgages any 13. NOTICES, WHERE SENT amount that otherwise would be payable hereunder to the All notices required to be given the Company and any insured owner of the estate or interest covered by this statement in writing required to be furnished the Company policy and the amount so paid shall be deemed a payment shall be addressed to it at its main office, P. 0. Box 2029, under this policy to said insured owner. Houston, Texas 77001. 10. APPORTIONMENT 14. The premium specified in Schedule A is the entire If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for more parcels which are not used as a single site, and a loss is title search and examination if same is customary or established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is the loss shall be computed and settled on a pro rata basis as issued. Valid Only If Schedules A and 8 are Attached. STE «A IZT TITLE GUARANTY COMPANY r �`_ e! ..2 J` , �f fr-c 4=✓=4: 44N •.Y &$ci!O!,- dam0°::s."!iO4�."!!�i �04 } }`!.}57.e0�1 .. 1M! }'Ns=:0 ,.... A 4 A :} m w n aiid r •Ya -< O ) n N 1 � 4� & , CO O 31 z 77 D b I,t ZDm > v CO X. AA \ 0 —i O r .I', m O D D 2 a� �. .¢ CzzD 3 m o CO s + Dr w a llh., « " .. c . , ti 1 1 6 _ _ _ _ 14 - �A� Y { s K. ••*•• •Os 0. C. KC Co. 4 Co. !} Cs. 0 � ..04 4 4. 404. 0. Co 4 4. Q 0 Co �.' Co• C . c Ce 401. N ii\ A BA '@ j , I n M 414 • J 2 x 2 3 \ i N Q V a0 p *Ai f «Ya� K r ,T4 \� 4 L,_ a- s - s s `z' �.- s - — 3 s s 5 s s •a- 1 i M. G�. K^...'.. C.!: r. Gti.' �� a}.}. 3. 1" ..{."�.:..'.C.. }eV..".. }. }.C..K S C . .L.'. ..'ti 0 .`i.. }Yet` Y ;; ... .0,.4 - 1: t 1: 3 ¢ % 0 i�., 3 ` • ' 7 0 «� • 3 �:� r TI d ,4 = 314;1 m .i. oz Al it /Q 1{ " - 4 .�\ a i. y .C..9..C K'. - g e - !O. .C. a c. c. .C..C. . s ! C..".. .} ! C..{...} c 5 .ca. - 0 0 - 5 - - {. M ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925 -2020 (( Date: SYs C � \Y(51 c A nk \ \c `��' < •N - - • Dear +7" This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application CIS NOT) complete. Additional items required include: X Disclosure of Ownership (one copy only needed) Adjacent Property Owners List /Envelopes /Postage (one copy) S. Additional copies of entire application Authorization by owner for representative to submit applica tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the J Code, or other specific materials A check in the amount of $ $ O -5'rezZ" 1 A eaa : ee • A. Yodr application is complete and we have scheduled it for review by the on We will call you if we need any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a / sign, which we can provide you for a $3.00 fee. V B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call c\C.ot ��9._5c the planner assigned to your case. Sincerely, ASPEN /PITRIN PLANNING OFFICE 5kAiat-v• Sept. 9, 1987 Bruce Sutherland Sutherland - Fallin, Inc. 1280 Ute Avenue Aspen, Co 81611 RE: Goodman Stream Margin Review Dear Bruce: This letter is in reference to your application that was submit- ted to the Planning Office. After reviewing the application, we have found it to be incomplete. Following is a list of what this office will need to render this application complete: o Disclosure of Ownership (one copy only); o 2 additional copies of entire application; o Authorization by owner for representative to submit application; and o An additional check in the amount of $80.00 for Engineering referral fee. Upon receiving this material, we will schedule this item on the agenda at which time you will be notified. If you have any questions, please do not hesitate to call. Sincerely, Nancy Caeti Administrative Assistant NEC:slf . , , e: FACE 799 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, his heirs and assigns forever. And the said party of the first part, for him sel f hisheirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said part y of the second part, his beirs and assigns, that at the time of the ensealing and delivery of these presents he was well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha d 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 and encumbrances of whatever kind ornature soever., except as hereinbefore set forth, and except any easements, licenses, or other restrictions or reservations of record pertaining to any of the property lying within the boundary of the Plat and Amended Plat to the extent they affect Lots 13 and 13A as shown therein, including but not limited to those exceptions set forth on Exhibit A hereto, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall ani will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and Delivered in the Presence of 4/11 l/�`,[`� _SEAL] RT S. GOLDSAMT [SEAL] _SEAL] STATE OF COLORADO, ,L 1, f1 les. ` 0 e . County of Pitkin 111111 ,l∎ ,.SThe•fprig � n htg instrument was acknowledged before me this � ^' day of December • • ft Z 3 b % RO BERT S . GOLDSAMT r9. „?, ,\J . :4_ ...(■ cco liseionp free ` to l ,b "0 : f _ c / /77 ,19 . Witness my hand and official seal. t ii / '''P 0C. .e, Notary Public. EXHIBIT "A" TO DEED 'COK3`tO !'(E . OF R.S.G. DEVELOPMENT, INC. Set forth below are additional exceptions to the above - referenced Deed. 1. All unpaid real estate taxes for the calendar year 1977 due in 1978. 2. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,lead, tin, copper or other valuable deposits claimed or known to exist March 23, 1885 and the right of the proprietor of a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,lead, tin, copper or other valuable deposits for the purpose of extracting and removing the ore from such vein or lode should the same be found to penetrate or intersect the premises, all as reserved in Patent recorded June 17, 1949 in Book 175 at page 246. (Affects Riverside Placer) 3. Right of way for the Riverside Ditch. 4. Terms, conditions and obligations for an easement for a recreational trail as set forth in Agreement for Easement between Frederic A. Benedict, Fabienne Benedict and Benedict Land and Cattle Company and The Board of County Commissioners of Pitkin County recorded September 25, 1975 in Book 303 at page. 452 and Supplementary Agreement thereto recorded July 29, 1977. in Book 332 at page 540. 5.. Terms, conditions, obligations and restrictions as set forth in Subdivision and Planned Unit Development Agree - _ment recorded May 19, 1976 in Book 312 at page 110. 6. Conditions as set forth in Easement Agreement recorded May 19, 1976 in Book 312 at page 158 and Mutual Indemnity Agreement recorded May 19, 1976 in Book 312 at page 165. 7. A transferable easement for the placement of utilities and any equipment supporting such utilities over, under, no rnCnrvnd by Andrew ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303 p 925 -- 2020 Date: 9'� .2C,19/1 7 . 8s . ri ' • I l.'I rU_, ,! p RE: •!o /'/I, .J/ duo f _1 . Y) et/1KUJ Dear RE: .' . This i to inform you that the Planning Office has completed its preli 'nary review of captioned application. we have determined that your application NOT complete. Additional items required include: Disclosure of Ownership (one Dopy only needed) Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your application is compitete and we hav sc edp ed it for review by the 0't, on On.» yJQ6r. We will call you if we need any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the nex available agenda. If you have any questions, please call (5 , the planner assigned to your case. Sincerely, ASP PITRIN PLANNING OFFICE 1:15 P December 2 1977 Recorded at &cock. M., //�� (]Q 1 , Julie Jane O FACE? Reception No kw' * >' t Re Mre Z THIS DEED, Made this 16th day of December ,19 77, between ROBERT S . GOLDSAMT DEC 21 PAID % _ of the County of Pi tkin and State of Colorado, t *,.. of the first part, and CHARLES II. GOODMAN whose legal address is 300 West Washington Street, Chicago Illinois of the County of Cook and State of CDttnlicliof the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION H ' to the said part Y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said part y of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: Condominium Unit DD =4 .Building D , The Aspen Club Condominiums, according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, recorded on August 17, 1977 , in Book 6 , Pages 20_27, (the "Condominium Map ") subject to the reservations, terms, provisions, rights and obligations of the Condominium Declaration for The Aspen Club Condominiums appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, recorded on April 29, 1977, in Book 328, Page 80, and the Amended Condominium Declaration for The Aspen Club Condominiums appearing in the re- cords of the County Clerk and Recorder of Pitkin County, Colorado, recorded on August 17 1977 in Book 333, Pages722- 723(the Condominium and the Amended Condominium Declaration hereinafter referred to as the "Condominium Declarat-lon"), of the Condominium Map, of the Plat of the Callahan Subdivision .'recotd'ed an May 19, 1976 in Book 5, Pages 7 -10 in the records of the County Cleric and Recorder of Pitkin County, Colorado (the "Plat "), and of the Amended Plat of the Callahan Subdivision recorded on August 17, 1977 in Book 6 , Page: 16 -19, in the records of the County Clerk and Recorder of Pitkin County, Colorado (the "Amended Plat "). TOGETHER with (1) a non - exclusive easement for the party of the second part and persons acting with such party's consent to use the roads, as such roads are shown on the Plat and the Amended Plat, for travel by the most direct route over such roads by foot, bicycle, and motor vehicle between the deeded Condominium Unit and the limited and general common elements appertaining thereto (the "Deeded Condominium ") and Colorado State Highway 82 in accordance with any rules and regulations adopted for the use of such roads by the owner of the rights -of -way to such roads (provided such rules and regulations shall not prohibit the access granted to the party of the second part herein but there shall be no limitation as to the applic- ation of such rules and regulations to persons whose access is based on the consent of the party of the second part) and subject to the terms and condi- tions of paragraph 29 of the Condominium Declaration, and (2) a non - exclusive easement for the recreational use of Lot 13B (as defined from time to time by the owner of the fee interest in said Lot) as shown on the Plat and Amended Plat so long as such Lot is not hereafter authorized for improvement or commercial use. Such non - exclusive easements shall be subject to the obligation for costs as set forth in paragraph 21 of the Condominium Declara- tion 'and to the other terms and conditions of such Declaration. In addition to the limitation hereinbefore set forth, party of the second part shall have no right to use any of the road rights -of -way as shown on the Plat and Amend- ed Plat unless a road for such use has been constructed on such tight-of-way. But this provision shall not limit the access between State Highway 82 and the Deeded Condominium provided for above. Nothing in this Deed or in the Condominium Declaration or in any other document recorded prior hereto is intended to convey to the party of the second part any interest in Parcels also k asn a Condominium Map. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED —For Photographic Record. —Bradford Publishing Co.. 1824 -46 Stout Street, Denver, Colorado -6-76 . • ••••• a c • 14.14 R !. z p 0• I J G "g t o n o n y 1 G a. ' u '+1 n el a -- m B a - 0 a 0 � m ja 0- , -3 y is x 70 c 0 y D i m ♦ M A 7 `" H Z o of 2 a �' 7 M G 46 0 o p O . O ap m i 0 `1 x 6 g p 0 1 a w C O m rn " d m a v ; 0 9, O G. m ' g a �J a. - gm a m t Teas Ts[ajo pus pass Am seau;jM • 61 ` /Z..1/ 1 eaa[dxawtae[u� Oa �yq 0. 'ems -: ' za maoa 30 As sun BiVSHZOO S L2Iag 3 ' ; Ag ' ��2 gg' 4 a 3 p �/ q; aui azopq pa2palmouyas ege Waum.geui *alt ,f d .aqj•'' � • • • & ;o •e8 upjltd ;ono3 a �, 1 �jj•' .. S l 'OQVUO'IOD 30 3S,VIS 01.' .y ?wa+ [Zvasr [Zvas] LINSa'IO0 's Zuauo [ZVasl ;o assegai,/ y; m a pazae papas gaQ pus paas'pau21s iryyk, � •ua ; ;um moots ;sag ass& pus Asp so Teas pus pulq st4 ;as o4unazaq say land ;sad; ay; ;o S fired pies ay4 'doauaHM ssaN•LIM NI •aNaaaa Ha/ alma QNV J,NVRUYM upA Fug Hugs pat; aq; ;o S lad pigs alp ' ;oazaq; laid Aug ao ajogm sin mtsp 04 ao auimjaja AHn;ms' suosaad ao uosaad Saone pus us ;suisas su2isss pus sapq st4 'Ind puoaas aq; ;o !. lad pus aq4 ;o uocssassod ajgaeoeed pug ;ajnb ay; m ses}maad pau[sazaq anogs a pus `olazaq y 1tgtgxa u0 4110; las suotldaaxa aso41 01 paltmtj 30u lnq 2utpnjout 'utazagl uAogs se y£j pus £T S101 108; ;e Lag; lualxa aq; of lejd papuamy pus laid 941 ;o Szepunoq 941 utglTm 2uTSi S1aadozd aq; ;o Sue 01 5utute119d p.00a. ;u bUOjleA.asal JO suot10t11893 191110 JO 'S9su9Or[ `sluamasea Sue ;dapxa pue '41.10; ;as azo;aqutazaq se idaoxa ° zaeaosazn;euaopunt aaea;914m 30 saaaugmnaua pus s;uamseasel 'seal 'suet 'sap 'surn2zeq 'slavaa aaq ;o pus lasso; Its moz; asap pus an; eau muss aqs ;sq; pus 'pjasazojs ea mzo; pus a9uasm a[ stags e14; Aasuoa pus Has 'mea. eq ' ;uaz2 o; A ;soy ;ns mimal pus aamod jjn 4112u pooa p sq pus 'opals ea; m 'msj at 'aDUIuequc 3o slangs 9jq saa;aput pus a;njosga lopped 'sans 'pooa ;o su 'palaeuoa anogs sesp3ad 9qq go pezTae Hem se[m aq s;aasazd asaq; ;o Aaaejap pus SUHaaeaa aq; ;o suq; aq; ;a 4114; 'slams pus azpq st4 ';lad puoaas eq.; go S 1214 piss aq; q;jm pus o1 nag pue ucaaalq ' ;usi2 ';usuaeoa se op'azoreepsu mpg pus ''zalnaexa'snags - x ; Tae mtq ao; 'lad 4sz4; ay4;o And pp eq. Pay •aaeazo; suapess pus szjaq sT4 '4zad Noses aq; 3o S sad pigs 9114 own 'saousne;andda aq4 qua 'pagsasap pus paunnZzaq nogg seegaazd pp 9144 Q'4011 OS QNV anvil os, 66L3 °' OtC "°ca 4 ■ EXHIBIT "A" TO DEED KOK = ACE EMU OF R.S.G. DEVELOPMENT, INC. Set forth below are additional exceptions to the above - referenced Deed. 1. All unpaid real estate taxes for the calendar year 1977 due in 1978. 2. Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,lead, tin, copper or other valuable deposits claimed or known to exist March 23, 1885 and the right of the proprietor of a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar,lead, tin, copper or other valuable deposits for the purpose of extracting and removing the ore from such vein or lode should the same be found to penetrate or intersect the premises, all as reserved in Patent recorded June 17, 1949 in Book 175 at page 246. (Affects Riverside Placer) 3. Right of way for the Riverside Ditch. 4. Terms, conditions and obligations for an easement for a recreational trail as set forth in Agreement for Easement between Frederic A. Benedict, Fabienne Benedict and Benedict Land and Cattle Company and The Board of County Commissioners of Pitkin County recorded September 25, 1975 in Book 303 at page.452 and Supplementary Agreement thereto recorded July 29, 1977. in Book 332 at page 540. 5.. Terms, conditions, obligations and restrictions as set forth in Subdivision and Planned Unit Development Agree - _mnt recorded May 19, 1976 in Book 312 at page 110. 6. Conditions as set forth in Easement Agreement recorded May 19, 1976 in Book 312 at page 158 and Mutual Indemnity Agreement recorded May 19, 1976 in Book 312 at page 165. 7. A transferable easement for the placement of utilities and any equipment supporting such utilities over, under, across and upon the subject property, as reserved by Andrew V. Hecht, Trustee, in deed recorded May 19, 1976 in Book 312 at page 186 and described in deed to Robert S. Goldsamt recorded May 19, 1976 in Book 312 at page 188 and subsequent conveyance thereof to Aspen Club International, Inc. recorded August 17 , 1977 in Book 333 at page 730 8. Easements as set forth in Reciprocal Easement Grant recorded May 19, 1976 in Book 312 at page 196. 9. Terms, conditions and obligations as contained in Articles of Incorporation of the Aspen Club Condominium Associ- ation, Inc. and the amendments thereto. 10. Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Fire Protection District, Aspen Metropolitan Sanitation District, Basalt and Rural Fire Protection District, Aspen Valley Hospital District And The City of Aspen.