HomeMy WebLinkAboutLand Use Case.1095 Ute Ave.26A-86 * CASELOAD SUMMARY SHEET
City of Aspen ...,2 737-P01-6/1-00
DATE RECEIVED 2 [ °`tea E NO. '6, 06 '
DATE RECEIVED O PLETE: STAFF: S
PROJ ECT NAME:40, O&I 8� O .0'eh l ii)(J -ee✓ u) o- a. .
APPL ICANT: ‘1.-. C ,• r Ilsq5 tile- Ate-
Applicant Addres •h e: -
RE PR ES EN TAT IV E: I WV n .' ' , , A
Representative Aj ress/Ph.ne .1 /1116�A �� �tatigi ` - a/ -
Type of Application:
I. GMP/Subdivision/PUD
1 . Conceptual Submission 20 $2,730 .00
2 . Preliminary Plat ! 12 1,640 .00
3 . Final Plat 6 820 .00
II. Subdivision/PUD .
1 . Conceptual Submission 14 $1,900 .00
2 . Preliminary Plat 9 1 , 220 .00
3 . Final ' Plat 6 820 .00
III . All "Two Step" Appl ications 11 $1, 490 .00
IV. All "One Step" Appl ications J 5 $ 680 .00 6pecI -
V. Referral Fees - Environmental U
Health, Housing Office
• 1 . Minor Appl ications 2 $ 50 .00 '
2 . Major Applications 5 ,$ 125 .00
Referral Fees-
Engineering
Minor Applications
80 .00
M
V3/4414
ajor Applications
200 .00
P&Z CC MEETING DATE:" `-S PUBLIC' HEARING : YES NO
DATE REFERRED: 7/0a INITIALS : ge
-REFERRALS :
\,' City Atty Aspen Consol . S. D. School District
V City Engineer Mtn. Bell Rocky Mtn. Nat. Gas
Housing Di r . Parks Dept . State Hwy Dept (Glenwd) ICI
Aspen Water Holy Cross Electric Stateliwy Dept (Gr.Jtn) •
City Electric Fire Marshall Bldg: Zoning/Inspectn
Envir. Hlth . Fire Chief Other :
. _ Roaring Fork Transit Roaring Fork Energy Center
FINAL ROUTING : DATE ROUTED: PPM'' IN IT IAL: fir'-": j
City Atty City Engineer 16 Building Dept. ✓
Other : Other :
�rFILE STATUS AND LOCATION : ;;;.(-P,, 4L4{,'=
'Review ed by Aspe P&:) City Council
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0 Reviewed By: Aspen PLZ City Council
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MEMORANDUM
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TO: Aspen Planning and Zoning Commission
FROM : Steve Burstein, Planning Office
RE: Hoag Lot 2 8040 •Greenline Review
Parcel ID# 2737-182-68-002
DATE: July 29, 1986
ZONING: R-15 (PUD) .
LOCATION: 1095 Ute Avenue, Lot 2 , Hoag Subdivision, City of Aspen.
LOT SIZE: 18,366 sq . ft.
APPLICANT' S REQUEST: The applicant, I. G. Davis, Jr. requests
Greenline Review approval to enclose the second floor decks of
the residence at 1095 Ute Avenue.
APPLICABLE SECTION OF THE MUNICIPAL CODE: The review criteria
for the 8040 Greenline Review is stated in Section 24-6 . 2 (b)
attached.
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PROBLEM DISCUSSION:
A. Engineering Department Comments ..In a July 14, 1986 memorandum
from Jim Gibbard it is stated that none of the 8040 criteria
necessitated Engineering Department concern and comment.
B. Planning Office Comments - The proposed enclosure of deck
is development subject to review with regard to review criteria
(9) "the reduction- of -building height and bulk to maintain
the open character of the mountain. " As there is no increase
in the footprint of the structure we agree with the Engineering
Department that none of the environmental criteria are
applicable. It is our opinion that the increase in bulk
resulting from the deck enclosure has very minor and negligible
impacts in terms of the perceived intrusion of the structure
into the open character of Aspen Mountain.
RECOMMENDED MOTION:
"Move to approve the 8040 Greenline Review for the requested
enclosure of decks at 1095 Ute Avenue. "
SB.729
JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN,COLORADO 81611
TELEPHONE(303)925-1216
June 26 , 1986
Aspen/Pitkin Planning Department
Aspen Planning and Zoning Commission
Re: 8040 Greenline Review
Addition to residence
Lot 2 , Hoag Subdivision
Ladies and Gentlemen:
I represent I .G. Davis , Jr. who is the contract purchaser
of Lot 2 , Hoag Subdivision which lies within 50 yards of the
8040 Line. A copy of the purchase contract is attached. As
you will note in paragraph 3 of the addendum to the contract,
the purchase is contingent upon Mr. Davis receiving approval
for an addition to the residence of approximately 600 square
feet in the form of the enclosure of decks off the main
bedroom and living room. Consultation with Steve Burstein of
the Planning Office has indicated that it is Planning ' s
position that the proposed addition constitutes "development"
code and that a review pursuant to Sec. 24-6 . 2 of
under the cod p
the code is necessary. With regard to such review, I would
advise the Commission as follows :
1 . Addition: The existing residence is 3,098 square
feet. The lot is zoned R-15 and has an allowable F.A.R. of
4, 709 . With the addition, the square footage would be
increased by 557 square feet to a total of 3 ,655 square feet -
• well below. the 4,709 permitted for this lot. The entire •
addition would be within the existing building footprint and
under the existing roofline. The addition requires no
extension of the roofline or building outside the existing
footprint. Enclosed is a photo of the residence as it exists
today and also the architect' s rendering showing the house
after the proposed addition, stating the relevant project
data. Complete plans have been submitted to the Building
Department for their review and preliminary meetings have
indicated no problems with the building code.
Aspen/Pitkin Planning Department
Aspen Planning and Zoning Commission
June 26 , 1986
Page 2
2 . Review: Section 24-6 . 2 sets forth nine review
criteria. In my view, and I believe Steve Burstein concurs ,
is that the only applicable criterium is number 6 which deals
with the design and location of the structures. Location
should not be a problem as the addition is entirely within the
existing building footprint and under the existing roofline.
With regard to design, we believe the addition enhances the
visual effect of the building. In any event, the visual
impact is extremely minimal, as a comparison between the
photograph and architect's drawing indicates. This is
particularly true in view of the fact that the lot is heavily
wooded and the view of the westerly half of the house is
blocked by large pine trees . As stated above, the proposed
addition would still leave the house more than 1000 square
feet below the allowable F.A.R. The impact of the addition,
based on the review criteria of Section 24-6 . 2 of the code, is
virtually nil. Since none of the stated principles or
criteria upon which the 8040 Greenline Review is based would
be violated, we would respectfully request approval for the
addition.
Please contact me with any questions or comments . Per
you request, I have also included a copy of the title
commitment and my Power of Attorney from Mr. Davis .
Very truly yours,
di(ADA" L
JTK/og hn Thomas Kelly
Enclosures
cc: I .G. Davis, Jr.
Roger Kerr
O . O
MEMORANDUM
TO: Steve Burstein, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: July 14 , 1986
RE: Hoag 8040 Greenline Review
Parcel ID#32737-182-68-002
The Engineering Department has reviewed the submitted application
and has decided that none of the criteria of the 8040 Greenline
Review which would necessitate our recommendation is applicable
to this project.
jg/hoag8040
cc : Jay Hammond
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MEMORANDUM
TO: City Attorney
• City Engineer
FROM: Janet Lynn Raczak, Planning Office
RE : Hoag 8040 Greenline Review
Parcel ID#32737-182-68-002
DATE : July 8 , 1986
Attached for your review is an application submitted by John
Kelly on behalf of his client I . G. Davis , requesting 8040
Greenline Review approval for the'- construction of an 557 square
foot addition to an existing 3 ,098 square foot residence on Lot
2, Hoag Subdivision.
FACTS/HISTORY: The applicant I . G. Davis , Jr . , has signed a
contact to buy real estate from Thomas P. Tatham, for the
purchase of Lot 2 , Hoag Subdivision . The purchase and sales
agreement is contingent upon obtaining successful 8040 greenline
review by the Aspen Planning and Zoning Commission. They are on
the agenda for an 8040 review on August . 5th. In the event the
applicant does not receive approval , the Contract shall be deemed
null and void (at Mr. Davis' option) . No date has been set as a
deadline for obtaining such approval .
The following is the Code section which applies to this case :
" 24-6 .2 8040 Greenline Review
(a) Intention. To provide for review of all develop-
ment above the 8040 greenline within the City of Aspen and
all development fifty ( 50) yards below the 8040 greenline so
as to aid in the transition of development from urban uses
to the adjacent agricultural and forestry uses; to insure
that all development is compatible with the prevailing'
slopes; to provide for the least disturbance to the terrain
and other natural land features of the area; to guarantee
' availability of utilities and adequate access ; to reduce the '
impact of development on surface runoff , the natural
watershed , and air pollution ; to avoid losses due to
avalanches, unstable slopes, rock fall and mud slides ; and
to enhance the natural mountain setting.
(b ) Review Criteria. In reviewing the development
plan, the zoning commission shall consider the following :
( 1) Whether there exists sufficient water pressure and
other utilities to service the intended develop-
ment ;
( 2) The existence of adequate roads to insure fire
protection, snow removal and road maintenance ;
( 3) The suitability of the site for development
considering the slope, ground instability and
possibility of mud flow , rock falls and avalanche
dangers ;
( 4) The affects of the development on the natural
watershed, runoff, drainage, soil erosion and
consequent effects on water pollution;
( 5) The possible effects on air quality in the area
and city wide ;
(6) The design and location of any proposed structure ,
roads, driveways or trails and their compatibility
with the terrain;
( 7) Whether proposed grading will result in the least
disturbance to the terrain, vegetation and natural
land features;
( 8) The placement and clustering of structures so as
to minimize roads , cutting and grading , and
increase the open space and preserve the mountain
as a scenic resource ;
( 9) The reduction of building height and bulk to
maintain the open character of the mountain. "
The only review criteria which appear to apply in this case are
24-6 . 2(b) ( 6) and ( 9) above. After a brief review of the Aspen
Area Comprehensive Plan : Parks/Recreation/Open Space/Trails
Element, it does not appear that any trails have been proposed on
the parcel in question, although a trail runs just behind this
parcel.
The Building Department should check the FAR calculations
provided by the applicant.
The Planning Office should determine is the building height and
bulk has made and attempt to maintain the open character of the
mountain.
PLANNING OFFICE GOALS: After only a preliminary review of this
application , it appears that the applicant ' s request can be
granted. Please note that this is only a preliminary review and
it is necessary for you to complete your referral comments and
return them to Steve Burstein of the Planning Office no later
than July 22, 1986 .
sT.iPEN/PITRIN PLANNING OFFICL-
130 S. Galena Street •
Aspen, Colorado 81611
(303) 925-2020
Jof+r.) Vac.y ,
/17 5- -,- /C7rirt
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RE: I40 �D1v GrtLn I1 tl(
Dear �� •
This is to inform you that the Planning Office has completed its
preliminary review of your e /z) G'Y .nbk.e. - application for complete-
ness. We have determined that your application
is complete.
is not complete.
The additional items we will require are as follows:
Disclosure of ownership (one copy only needed) .
Adjacent property owners list (one copy only needed) .
Additional copies of entire application. r
Authorization by owner for representative to submit
application.
-- Response to the attached list of items demonstrat
ing compliance with the applicable policies and
regulations of the Code, or other specified materials.
A check in the amount of $ _ is due .
A. Since your application is complete, we have scheduled it
for review by the P on ,'5- .
We will be calling you if we need any addition di information
prior to that date . In any case , we will be calling you
several days prior to your hearing to make a copy of the
review memorandum available to you. Please note that it -
Ci•szT your responsibility to post your property with
a sign, which we can provide you.
B. Since your application is incomplete , we have not
scheduled it for public review at this time. When we have
received the materials we have requested, we will be happy
to place you on the next available agenda.
Please feel free to call !cccJ.. who is the planner
assigned to this case, if you have any questions.
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Sincerely,
ASPEN/PITRIN PLANNIN OFFICE
lan Richman, P anning and
Development Director
AR jlr
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i----. —; 77——_- ® ASPEN OFFICE • I l
j I The printed portions adds form approved by the 814E Hyman
Colorado Real Estate Commission(SC 20-2-81) (303) Ca 010
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1 (303)928.7000
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. SNOWMASS OFFICE ■l
❑ Snowmaae Mal(
t 3q P.O.Box 8039
'u _ R,7(J. • Snowmasa Village,Co.87818
py�C (303)923-3020
y RESIDENTIAL i I
I Ili f ( r—t ARBO DALE OFFICE
CONTRACT TO BUY AND SELL REAL ESTATE lJ
i( of P.O.Box 1284 I
s , (Seller's remedy limited to Liquidated Damages) Carbondale,Co.81823
i I (303)983.3300
11 4 'I
II '. is June 7 ,ls 86 ii
II INCORPORATED
L The undersigned agent hereby acknowledges having,received from 1.G. Davis Jr.
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I the sum of$__.• _ in the form of
I personal check ,to be held by Carol Ann Jacobson Rea y
broker,in broker's escrow or trustee account, as earnest money and part payment for the following described real
t. estate in the County of Pi tki n ,Colorado,to wit: i l
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• iI Lot 2, Hoag Subdivision .
h Pitkin County, Colorado •!
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• i l together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as
1 hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No._1095 .
i l Elte Avenue ,and hereinafter called the Property. y .
1 (street Address,City,Zip)
, 2. Subject to the provisions of paragraph 17,the undersigned person(s) 1.G. Davis Jr. !i
(44diAl 11414.4141t1414,11,1 linitZ1,41 :;
'1 hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called
ISeller,hereby agrees to sell the Property upon the terms and conditions stated herein. ,
;, 3. The purchase price shall be U.S.$ payable as follows:$_ _ __hereb y recei p ted for;
II !,
'• ' An additional earnest money payable within five (5) days j
of satisfaction of contingency regarding building permit described
- on addendum attached hereto, and the balance of payable
iI • tin cash or certified fdnds at closing.
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•4. Price to include any of the following items currently on the Property:lighting,heating,plumbing,ventilating,
I1 and central air conditioning fixtures; attached TV antennas and/or water softener(if owned by Seller); all outdoor I
I i plants,window and porch shades,venetian blinds,storm windows,storm doors,screens,curtain rods,drapery rods, ■
attached mirrors, linoleum, floor tile, awnings, fireplace screen and grate, built-in kitchen.al liances, wall-to wajl I
t1 carpeting all, furnishings as shown on June 7, 1986• hivenkt.7 ec a�i44 c I,
i 642, . Ppr-oqd 117 47e.t- awd S-42A,- a/die SiSel)e. GD, . ,,: • .. ,
y tel I
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I all in
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their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in j
i paragraph 11;provided,however,that the following fixtures of a permanent nature are excluded from this sale: I'
. 1 • None ,,
t I Personal property shall be conveyed b bill of sale. I
is WilitWOHaMiiciVeickiNiiiliFVMAaiNni iliiiiii4iNiiiidsiiiiitlliipii114/1“ZiA/fa IM
Iapply fors oar,(b)execute all documents and furnish all information.and documents required b • ender,and 11
:3 (c)pay the customa . •sts of obtaining such loan.Then if such loan is not approved on or bef. - i
{ 19_;or if so approved but 1 •. available at time of closing,this contract shall be and void and all payments and I I ' •
!I things of-value received hereunder s - returned to Purchaser. 'I•11 • .6. If a note'and trust deed or mortgage 1- - •e assumed '• 'c aser agrees to apply for a loan assumption if I1' • '
I; required and agrees to pay(1)a loan transfer fee not , -ed$ and(2)an interest rate
;I not to exceed • %per annu•• e loan to be as • d has provisions for a shared equity or variable '
iI interest rates or variable payme. .,_ -is contract is conditioned upon Pu • :ser reviewing and consenting to such I
11 provisions. If the lende '• nsent to a loan assumption is required,this contract is ..ditioned upon obtaining such 11
(I consent with, ange in the terms and conditions of such loan except as herein provided. i i
a note is to be made payable to Seller as partial or full payment of the purchase price,this con shall not
1. '1::i�ikillli �f 71ANI /')/►i kif;tltrgotAilfvt,6i54I14L ' i
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No SC-20-2-8L Contract to Buy and Sell Real Estate(Residential).—Bradford Publishing Co., ,(i';:t)
5825 W.6th Ave.,Lakewood,Colorado 8021.7—(303(233.6900—9-81'
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s 8. S�slv�b�'{ �t1��4�� 't�; IAVVIb�V r�lt�k�, ;l�r���Si!llhl(OAA1 ff ilt,�0/1,1 JAW 1/4fii ,■
1 A current commitment for title insurance policy it, an
: amount equal to the purchase price, at Seller's r t expense, shall he furnished to Purchaser on or before
;; . . June 20 , 19_8_6.l A!(t4A/chtiltit/UU iAliiilhWz/fi«cillila tivi,seller win
i deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of 1■
dosing shall be as designated by_C..arci_.An.l1_JaCOb_s.Qn ---- ---------- ------•
i' 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subjcet • ,
' !to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, '.
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�' Seller shall execute,. and deliver a good and sufficient — general- warranty deed to Purchaser on
I' _See ad endum , 19 _,or,by mutual agreement, at an earlier date,conveying the Property free and
i: clear of all taxes,except the general taxes for the year of closing,and except —_Hone --_— __-_;
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether
i assessed or not;free and clear of all liens and encumbrances except
none I
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`! except recorded and/or apparent easements for telephone, electricity, water, sanitary sewer, and easements for
:I those which do not affect marketability of title .
; except the following restrictive covenants which do not contain a right of reverter:
I;' those which do not affect marketability of title
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!, and subject to building and zoning regulations.
:'i 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable 'I I
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'' I to correct said defect(s)prior to date of closing. If Seller is unable to correct said defect(s)on or before date of I i
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I closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the :!
date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph I I
'I 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be I'
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
• 'I thin g_s of value received hereunder shall be returned to Purchaser.
1. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this `'
I
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness i'
'I secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party 11
I hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
IIbe returned to Purchaser. II •
I I, 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment, prepaid I
!I rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any, I
i P Y.and i 1
11 • homeowners or other special assessments _shall be apportioned to date of delivery of deed. 'I
i I • 15. Possession of the Property shall be delivered to Purchaser on closing
I, subject to the following leases or tenancies:
none i!
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II If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for II
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a daily rental of$ 500-00 until possession is delivered. I! i�
16.' In the event the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of
not more than ten percent or the total purchase price, Seller shall be obligated to repair the same before the date II
herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the I!
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damages exceed such sum,this contract may be terminated at the option of Purchaser and all payments and things of
I! value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite Ii
IIsuch damage,Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not I'
exceeding; however,.the total purchase price. Should any fixtures or services fail between the Mate of this contract Ii I
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I and the date of possession or the date of delivery of deed,whichever shall be earlier,then Seller shall be liable for the
i, repair or replacement of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 1! i'',
17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment ;.
I due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
I1 herein provided,there shall be the following remedies: I' •
{II (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be '. I''i
I forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all I! .
I obligations hereunder. It is agreed e.e.d that such payments and things of value are I.IQUI DATED DAMAGES and I'
I! (except as provided in subparagraph (e)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's ii 1,!
I. failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance '
'and additional damages. ;! I
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i ,� (b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect. to treat this contract as terminated,in which case I •• all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover I I ':
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I I such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect 11
1 I � (
and Purchaser shall have,the right to an action for specific performance or damages,or both.
1. • (c) Anything to the contrary herein 'notwithstanding, in the event of any litigation arising out of this II
contract,the court may award to the prevailing party allreasonable costs and expense,including attorneys'fees.
I 18. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, •,
unless mutual written instruction is received by broker,broker shall not be required to take any action but may await
any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may I •
recover court costs and reasonable attorneys'fees.
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r 19. Additional provisions:
i.,I
- See 'addendum attached hereto and incorporated herein
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i ,- 20. If this pr,,•osal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
.'J ne A' , 198 , this instrument shall become a contract between Seller and Purchaser and shall
1 inure to the bene , of the heir , uccessors and assigns of such parties,except as stated in paragraph 7.
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I3rtiker son & Morse Inc.
P.7.e,'Te."G. Davi Jr. note % ' — -- —
1•By: (ale}
I 1 hir"huner Date I; f/ —
Robert E. Ca ger i
} Purchaser's Address snr_t nternational . Inc. NQrth_C.aroljnaA &_Boardwalk i
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— Atlantic City, New Jersey 08404 1�
(The following section to be completed by Seller and Listing Agent) I '
21. Sellenaccepts the above proposal this day of ,19___,and agrees j
. I to pay a commission of Er %of the purchase price for services in this transaction,and agrees that,in
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall j 1
be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the 1`
balance to Seller. j
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Se'er - Seller I) .
I Thomas.;P. Tatham {1
Seller's Address 1072 North Beverly Dr. , Beverly Hills, CA 90210 jl
1 Listing Broker's Name and Address Carol Ann Jacobson Realty; Inc P.O. Box 1168 I'
Aspen, CO 81612 ;; . •
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fw" f y . ADDENDUM•
Addendum to that certain Residential Contract fo Buy and Sell Real
Estate (Seller ' s Remedy Limitated to Liquidated Damages ) Dated June
7 , . 1986 between I . G. Davis , Jr . , Purchaser , and Tatham , Seller , for
that.4property known as Lot 2 , Hoag Subdivision , Pitkin County ,
" Colorado.
1 .- Inventory : Tatham shall provide Davis with full inventory of all •
,. items of personal property to. be conveyed hereunder within ten ( 10)
days' of execution of this contract . All appliances shall be in
good working order as of the closing date .
2. Real Estate Transfer Tax : Davis acknowledges that he will be
responsible for paying the Real Estate Transfer Tax on Property in
the amount' of one-half of one percent of the purchase price at
closing .
3. Contingency : This contract is expressly contingent upon the
Purchaser receiving approval from the City of Aspen Building
• Department ( or other applicable governmental authority) for an
addition to the existing residence of approximately 600 square feet .
Said addition shall involve the enclosure of the decks off the
master bedroom and living room . In the event such approval cannot be •
obtained , this contract shall , at Purchaser ' s option , be deemed null
and void and all earnest money shall be returned to Purchaser .
4 . Closing : Closing shall occur on August 12, 1986 or ten days
after the granting of the approval for expansion of the existing
.residence referred to in paragraph #3 above , whichever comes first .
5. Survival of Representations : The terms , conditions and
obligations of this Addendum shall , to the extent necessary , survive
the closing and not be deemed to merge with the documents to be
executed thereat .
6. Foreign Transferor : Seller warrants that he is not subject to
witholding as defined under Internal Revenue Code Section 897
(Foreign Person Transferror ) and will execute an Affidavit prior to
closing substantially in the form<.attached as Exhibit "A" .
7. Counterparts : This Addendum may be executed in counterparts and
shall become a binding agreement upon execution by all parties
hereto. •
DATED: Jun 1986
I ., G. Davis , Jr Seller Date
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POWER OF ATTORNEY
. ' (REAL ESTATE)
KNOW ALL MEN BY THESE PRESENTS, that I, I.G. Davis, Jr.
of the County of State of New Jersey ,
' do make, constitute and appoint John Thomas Kelly , of the
County of Pitkin , State of Colorado , to act as
my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to grant, bargain, sell,
convey,purchase,encumber or contract for the sale or purchase of the following described real estate situate in the County
of Pitkin , State of Colorado to wit:
Lot 2, Hoag Subdivision
City of Aspen
County of Pitkin State of Colorado
My said attorney-in-fact is hereby empowered to collect such monies as may become due from the sale,and to make,
execute,acknowledge and deliver contracts for sale,deeds, Deeds of Trust, and other instruments in writing of every kind
and nature, including, but not limited to, the sale and loan closing documents and statements, upon such terms and
conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real
. estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a
sale or conveyance of said real estate, with full power of revocation, hereby ratifying and confirming all that said attorney
shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein.
' *ThiSTower.of:A tbmey.shall•.not.'be`affecfed by'disability:of the principal. •
*THiMit0iAK ilf(X2Qi ,(X8F.A iK X Da 'AiiixUdaiLlitat tX34::Ca X i-Xt3EXll .
EXECUTED this 6th day of June , , 986
1
STATE OF COLORADO I .G. DAV I S, J R.PRINCI CAI.
. . } ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this_ 6th day of June
19. 86 ,,by 1 £ f)e v i S-, Jr , the Principal.
Witness my hand and official seal. ` i-� , p ., q
....
,. ...„r„r...... .. . , Notary Public
,�°My.commission expires:
1 Strike aither or both according to fact.
` .
No.'34R.1983. POWER OF ATTORNEY(REAL ESTATE) Bradford Publishing.5825 W.6th Ave..Lakewood.CO 80214—(303)233-6900 10-84 0
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t ; . SCHEDULE A
sr
Order`Number:• 14238 • • Commitment Number: ,
'-t. Effective date:
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• ' Wp, May 30 , 1986 At 8 : 00 A.M'. ;!..'••••
• •, 2, Pol cy.or,Potrcies to be;issued:,, Amount of Insurance'
Premium .)•ivA.:,ALTA Owner's Policy, , ' • S 550 , 000. 00 $1 ,377 . 0Y,
Proposed Insured:
I.G. Davis , Jr .
` i.
Tax Cert. $ . 5. 0i,
B.'ALTA'Loan Policy S
.''Proposed Insured: ' .
S
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' 3 • The estate or interest in the land describec c•referred to in th:s commitment and covered herein is fee simple and title thereto is at the effective date i '.{ '
hereof'vested in:
Thomas P. Tatham
's. The land referred to in this commitment is :7.s-scribed as follows
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Lot 2 , HOAG SUBDIVISION , according to the recorded Plat
thereof . •
County of Pitkin , State of Colorado
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A.,•■norized C. ersi nature Page 2 ST ;NSART TITLE ;, i.
GUARANTY COMPANY ` i
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:?52(20%1.4.83;
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SCHEDULE A
I l Order Number: 14238 Commitment Number:
•
'11:F Effective date. , ' - . - - '
+ y �, f.� May 30 , 1986 At 8 : 00 A. M.
Amount of Insurance
2; Pohcyor Polictes,to be'issued - Premium ; {
. _ , .
--�A ALTAOwnersPolcy. . S 550 .000 . 00 $1 ;377 . 0.0
f`: `, ,Proposed Insured '
i E '; 1 C ,Davis , Jr .
.0 Tax Cert. . $ 5 .0i;
8.11.ALTA,Loan Policy' S
...i•'Proposed Insured:
C S ■ i.
3. The estate or interest in the land describes cr referred to in the commitment and covered herein is fee simple and title thereto is at the effective date •. i,
I'! hereof vested in
I Thomas P. Tatham
i,',
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;.4. The land referred to in this commitment is cescribed as follows • i
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Lot Z , HOAG SUBDIVISION , according to the recorded Plat
- thereof .
' County of Pitkin , State of Colorado
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Page 2 IE\SVART TITLE t ; ,
I GUARANTY COMPANY +I'
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), 1 ',.i + I 7 • • . . fir!r r
', a . SCHEDULE 8 — Section 1 "
I �� Order Number: Commitment Number: .
14238 • ' • Requirements f
The following are the requirements to be complied with •
• :5
Item (a)HPayment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest'!
'to be insured.
• Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, .
to wit:
1. . ,'Evidence satisfactory to Stewart' Title Guaranty Company , 1
'.furnished by the Office of the Director of Finance , City of '•
Aspen, that the real estate transfer tax pursuant to City
.,Ordinance: No. 20 ( Series :of 1979 ) , has been paid or that
t.•conve ance is exempt from said tax. t
y
.2. ARerecord - Warranty Deed from Tatham Corporation to Thomas P.
• ,Tatham recorded July 23 ,, ' 1982 in Book 429 at Paae 778 as
"Reception No 242902 . . '
NOTE: This requirement - is necessary because the above deed
fails to state whether the real estate transfer tax
' pursuant to City Ordinance No. 20 ( Series of 1979 ) , was •
' ; paid or that the conveyance was exempt from said tax .
3 . . Deed from vested owner , vesting fee simple title in ; �.•
purchaserts ) .
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STEWART TITER '''''
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1653(25M 3/86) Page 3 GUARANTY COMPANY i•.
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•" SCHEDULE B — Section 2
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`'.A tts�r7 Exceptions
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=Order'Number: 14 2 3 8 Commitment Number:
}Ttiepolicy or policies to be issued will contain exceptions.to the following unless the same are disposed of to the
1;1Y e r satisfaction of the Company:
{ d..T � i
;;; • . • 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.
w : 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law ,
a` '- ' and not shown by the public records.
,r 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public ,
!i .".'+' " records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires• of record for value the estate or interest or mortgage thereon covered by this Commitment.
,"11. 6 Any and all unpaid taxes and assessments and any unredeemed
,.!:,-•c'-' „ u 'tax sales .
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7` -The effect of inclusions in any general or specific water I , � i )”
_ ' 11 ',conservancy, fire protection, soil conservation or other „IdL i:
=.;y, ,-! ':,:district or inclusion in any water service or street �, ,;
improvement area . •
. . . .:'8 Right of way for ditches or canals constructed by the authority
' ,, :,: of the United States , as reserved in United States Patent
''').'7.','::•'- recorded in Book 175 at Page 299 . I
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' ,,9. -Easements and covenants as set forth on the recorded Plat of
._ ..,i.,; subiect property recorded in Plat Book 4 at Page 218.
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H:',-,..:10: Easement and right of way as set forth in instrument recorded
':•February 23 , 1979 in Book 363 at Page 876 as Reception No. 212161 . •
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' 'Exceptions numbered • are hereby omitted. . ``
Page 4 STEWART TITLE
GUARANTY COMPANY
1654(15M 3/86)
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JOHN THOMAS KELLY
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN.COLORADO 81611
TELEPHONE(303)925-1216
June 26 , 1986
Aspen/Pitkin Planning Department
Aspen Planning and Zoning Commission
Re: 8040 Greenline Review
Addition to residence
Lot 2, Hoag Subdivision
Ladies and Gentlemen:
I represent I .G. Davis , Jr. who is the contract purchaser
of Lot 2 , Hoag Subdivision which lies within 50 yards of the
8040 Line. A copy of the purchase contract is attached. As
you will note in paragraph 3 of the addendum to the contract,
the purchase is contingent upon Mr. Davis receiving approval
for an addition to the residence of approximately 600 square
feet in the form of the enclosure of decks off the main
bedroom and living room. Consultation with Steve Burstein of
the Planning Office has indicated that it is Planning ' s
position that the proposed addition constitutes "development"
under the code and that a review pursuant to Sec. 24-6 . 2 of
the code is necessary. With regard to such review, I would
advise the Commission as follows :
1 . Addition: The existing residence is 3 ,098 square
feet. The lot is zoned R-15 and has an allowable F.A.R. of
4,709 . With the addition, the square footage would be
increased by 557 square feet to a total of 3 , 655 square feet -
well below the 4, 709 permitted for this lot. The entire
addition would be within the existing building footprint and
under the existing roofline. The addition requires no
extension of the roofline or building outside the existing
footprint. Enclosed is a photo of the residence as it exists
today and also the architect' s rendering showing the house
after the proposed addition, stating the relevant project
data. Complete plans have been submitted to the Building
Department for their review and preliminary meetings have
indicated no problems with the building code.
Aspen/Pitkin Planning Department
Aspen Planning and Zoning Commission
June 26 , 1986
Page 2
2. Review: Section 24-6 . 2 sets forth nine review
criteria. In my view, and I believe Steve Burstein concurs ,
is that the only applicable criterium is number 6 which deals
with the design and location of the structures. Location
should not be a problem as the addition is entirely within the
existing building footprint and under the existing roofline.
With regard to design, we believe the addition enhances the
visual effect of the building. In any event, the visual
impact is extremely minimal, as a comparison between the
photograph and architect' s drawing indicates . This is
particularly true in view of the fact that the lot is heavily
wooded and the view of the westerly half of the house is
blocked by large pine trees . As stated above, the proposed
addition would still leave the house more than 1000 square
feet below the allowable F.A.R. The impact of the addition,
based on the review criteria of Section 24-6 . 2 of the code, is
virtually nil. Since none of the stated principles or
criteria upon which the 8040 Greenline Review is based would
be violated, we would respectfully request approval for the
addition.
Please contact me with any questions or comments . Per
you request, I have also included a copy of the title
commitment and my Power of Attorney from Mr. Davis .
Very truly yours ,
44 eliow44
JTK/og •hn Thomas Kelly
Enclosures
cc: I .G. Davis , Jr.
Roger Kerr