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HomeMy WebLinkAboutLand Use Case.1115 Ute Ave.18A-88 C. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: /W;Y PARCEL ID AN CASE NO. DATE COMPLETE: L,Sf f-88 STAFF MEMBER: k' • PROJECT NAME:�Art12/Jf -6 (f �)(7 1 k P� t(�Project Address_ ' APPLICANT: . r u i l� . Applicant Add .s. : 5 , RW, �� .,% , f/ in REPRESENTAT VE. „ /` _ Representative Address/•i one: I / iL .�I �(2 = ( 95. TYPE OF APPLICATION: PAID: 461P NO AMOUNT: 44F4 . 67(/ 1 STEP APPLICATION: P&Z MEETING DATE: 3--4'.‘"(1--D- \ PUBLIC HEARING: YESCNO) DATE REFERRED: 4 ) ' 0 INITIALS: /u 2 STEP APPLICATION: V CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: /:- City Attorney Mtn. Bell School District V City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water if 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: 0a4)4( INITIAL: G City Atty ✓ 7 City Engineer ✓ Bldg. Dept. Other: Enid• 1-)f4- 11/ FILE STATUS AND LOCATION:_ e, 1),e r0( ,♦-Y! Y G G[ti6 CASE DISPOSITION RAPPAPORT 8040 GREENLINE REVIEW THIS CASE WAS APPROVED WITH THE FOLLOWING CONDITIONS: o the applicant shall provide landscaping material, including trees, between the circular driveway and Ute Avenue. o that only one fireplace be installed and that the applicant conform with the fireplace ordinance which will go into effect in July, 1988. o prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; o if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; o a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; prior to construction a detailed storm drainage plan and a detailed- revegetation plan shall be submitted to the Engineering Department; and ,ts culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. • • MESSAGE DISPLAY TO Tom Baker From: Michelle Carline Postmark: Aug 16,88 9 :32 AM Subject : From Lee Message: Rappaport has applied for a fireplace permit for Lot 5 Hoag Subdivision (1115 Ute) . In the permit application, he stated that the building was to have one fireplace which would contain gas logs, and that there were to be no other stoves or fireplaces. X it I • MEMORANDUM TO: Bill Drueding, Zoning Enforcement FROM: Tom Baker, Principal Planner RE: Rappaport - Zoning Compliance DATE: August 16, 1988 The attached Certificate of Zoning Compliance outlines what needs to be checked by your office; what has been checked by our office; and what deficiencies exist based upon the Planning Office review. In summary the applicant must do several things: -meet the basic zoning issues which your office will check; -pay a Planning Office fee of $127. 50. Additionally, condition "C" must be met before issuance of building permit and condition "E" must be met before issuance of Certificate of Occupancy. CONDITIONS OF APPROVAL A the applicant shall provide landscaping material, including trees, between the circular driveway and Ute Avenue. B that only one fireplace be installed and that the applicant conform with the fireplace ordinance which will go into effect in July, 1988. C prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; D if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; E a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; F prior to construction a detailed storm drainage plan and a detailed revegetation plan shall be submitted to the Engineering Department; and G culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. I. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Tom Baker, Principal Planner RE: Rappaport 8040 Greenline Review DATE: June 16, 1988 APPLICANT: Rappaport Aspen Account APPLICANT'S REPRESENTATIVE: Sunny Vann LOCATION: Lot 5, Hoag Subdivision (Ute Ave. across from Ute Cemetery) , see exhibit A. ZONING: R-15, PUD, see exhibit A. PARCEL SIZE: 15, 811 sq ft. NEIGHBORHOOD CHARACTERISTICS: The subject property is located in a primarily residential area. Scattered single-family residences are located along Ute Avenue, 1010 Ute PUD is to the west, Ute Cemetery and Ute Childrens Park are across the street, the Benedict Office bldg. and the Aspen Club are to the east. APPLICANT'S REQUEST: 8040 Greenline Review, see exhibit B, application. REFERRAL COMMENTS: Exhibits C-I are reports and referral comments. The only referral agencies with significant comments are Environmental Health (exhibit H) and Engineering (exhibit I) . In summary, Environmental Health has the following comments: - the applicant has indicated that they will install only one fireplace, but has not indicated how this will be enforced; - the fireplace must contain and only be used with gas logs; - a fugitive dust control plan must be submitted to the Environmental Health office prior to the start of construction; - the applicant should contact Environmental Health if mine waste, waste rock or mine dumps are encountered during excavation. The Engineering Department comments are summarized as follows: - the recommendations of Chen and Assoc. should be followed 411 111 and a geotechnical engineer should be retained to verity that the Chen recommendations are implemented. Further, no Certificate of Occupancy should be issued until the geotechnical engineer is satisfied that all recommendations were followed. - a detailed storm drainage plan must be submitted to the Engineering Depart. - a detailed revegetation plan must be submitted to the Engineering Depart. - culverts and improvement of the existing drainage ditch must be part of driveway regrading. STAFF COMMENTS: The purpose of 8040 greenline review is to: a. - reduce the impact of development on surface runoff, the natural watershed and air pollution; b.- avoid property losses from avalanches, unstable slope, rock fall and mud slides; c.- aid in the transition of development from urban uses to agricultural and forestry uses; d.- provide for the least disturbance to the terrain and other natural land features of the area; e.- guarantee availability of utilities and adequate public access to proposed development; and f. - enhance the natural mountain setting. The Municipal Code has a total of 11 review criteria which must be met in order to comply with the 8040 greenline review standards. In addition to referral comments the staff comments are as follows. CRITERION 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE This criterion addresses purposes a and b. The slope of the site is about 30% and clearly needs a sensitive design. The 2 410 Chen and Lampiris reports (exhibits E and F) identify ways of mitigating potential hazards, and indicate that potential hazards are minimal if their recommendations are followed. CRITERION 2 . The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE This criterion addresses purposes a and b. Based upon the referral comments and engineering reports the applicant complies with this criterion. CRITERION 3 . The proposed development does not have a significant adverse affect on the air quality of the City. RESPONSE This criterion addresses purpose a. Environmental Health recommends measures to mitigate this concern. CRITERION 4 . The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE This criterion addresses purposes d and f. The location of the development is the best the site has to offer, however, the size of the development seems to expand beyond into undesirable areas (to the east and southeast) . This expansion to the east effectively elongates the structures north facade, giving the design a more massive look or feel than may really exist. While, staff is concerned about the generally imposing nature of the north facade (horizontal) , which this design dictates, staff is even more concerned with the vertical aspects of this design. For example, the design of the north elevation (exhibit B) accentuates the vertical nature of the structure. In staff' s opinion the design, a two story vertical wall and a steep (approx. 1: 1) roof, is not compatible with the terrain on the parcel. Although this design meets the technical requirements of the area and bulk standards of this zone district, the staff feels that the community could benefit from a closer look at the relationship between the terrain and the structure. An important factor to consider is that the subject property will be the last structure on the south side of Ute Avenue going to the east and the National Forest. This fact establishes the importance of a good transition from urban 3 • uses to forest uses. Additionally, staff feels that the semi circular driveway is unnecessary development and that direct access to the garage is a more sensitive way of dealing with the site. CRITERION 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. RESPONSE This criterion addresses purposes d and f. It is difficult to say that this plan minimizes disturbance to the terrain, vegetation and natural land features for two reasons. First, the structure covers a significant portion of the site. Second, the ingress and egress to this single-family use is excessive. CRITERION 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE This criterion addresses purposes c, d and f. In general the staff feels that this criteria is addressed with the exception of excessive grading for the driveway and the preservation of the mountain as a scenic resource. Staff feels that both the driveway and the building design could be more sensitive to the mountain/forest setting. CRITERION 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE This criterion addresses purposes c and f. Staff feels that the building height, apparent bulk (view from Ute Avenue) and design (a very long wall which parallels the street) are not the best effort at blending into the open character of the mountain. CRITERIA 8 . Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed 4 • development so as to ensure adequate access for fire protection and snow removal equipment. RESPONSE Criteria 8, 9 and 10 address purpose e. This development complies with all aspects of these criteria. CRITERION 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE There are no trails proposed for this parcel. RECOMMENDATION: Staff recommends tabling of the Rappaport 8040 greenline application in order to address the following concerns: o the driveway design is excessive, the driveway should provide direct access to the garage from Ute Avenue and be minimized as much as possible; o that the applicant demonstrates that this design or alternate design aids in the transition of development from urban uses to forestry uses, (purpose c) ; o that the applicant demonstrates that this design or alternate design enhances the natural mountain setting, (purpose f) ; If the P&Z finds the current design appropriate or finds an alternate design appropriate, the staff recommends the following condition: o the applicant shall provide, to the satisfaction of the Planning Office, a driveway design which provides direct access to the garage from Ute Avenue and minimizes the driveway, as much as possible; o that only one fireplace be installed and that fireplace contain and burn only gas logs; o prior to start of construction a fugitive dust control plan be submitted to the Environmental Health office; o if mine waste, waste rock or mine dumps are encountered during excavation the Environmental Health office should be contacted; o a geotechnical engineer should be retained to verify that the Chen recommendations are implemented correctly 5 • I and that a Certificate of Occupancy will only be issued after the geotechnical engineer is satisfied (in writing) that all recommendations were followed; o prior to construction a detailed storm drainage plan and a detailed revegetation plan shall be submitted to the Engineering Department; and o culverts and improvements to the existing drainage ditch shall be part of driveway regrading, this shall be done to the satisfaction of the Engineering Office. 6 , lk, it :, , :_iii: , H, .. ,.:..„ . :. ..,., ,...,.,..!..,,:.,.„,........., :„...,,,,,:,...„...,.;.,,,„,„.:. ..\. ,,,,,,..,...2,....._,.:„,y.:.:::::::..:.,.:::::1 ::„...,.,.4.::...,.,,,...:.,7 r*-, .:.;;,';'.•;;;*4,.;,',i'i ;."* '''..11141i:::, tvot 7 iir /A 4114) }-4,,--2-4_1_.• aph..---.1".-,-- : ,!. er:i...,-.0.5w.q. ,..„;:i,,T.:,-,--:te4,,,"6.1;:tii.,,,V..g.' !;:r:-...".;,:ga0,,,,:is;,!'&7,,iiiklr7.4 '••••.,,-:...7,,-/._--;;;P,-,Hi`t 'L:'V',i''' '1.;4''''',I,L; .0;:**'"-..-'1'.. g.,,,41 -_.i-1-71 '1111111111111.'44-;144,144V ....-41,•01,ti e4 03,44t5z,g-t, .Ag..Sill* .,•!%I.,:k.:..4,,i," -;.,:ti-k`e.gtirkflit*..,-;; .04,4",w,.:,.-:-..!-..-41-,..4, -,,,,,7i.,44 • . ,. - , ‘. 1 Di-J-1 ' . 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Cynthia Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Rappaport 8040 Greenline Review Dear Cindy: Please consider this letter an application for 8040 Greenline review for the Rappaport residence, a proposed single-family structure to be constructed on Lot 5 of the Hoag Subdivision. The Hoag Subdivision is located within the Aspen city limits on the south side of Ute Avenue. The application is submitted pursuant to Section 24-6 . 2 of the Municipal Code by Gary and Susan Rappaport, the owners. of the property. A commitment for title insurance evidencing the Rappaport ' s ownership is attached hereto as Exhibit A. Permission for Vann Associates to represent the Applicants is attached as Exhibit B. Project Site As the accompanying survey illustrates , the project site contains approximately 15 , 811 square feet of land area and is zoned R-15 , Mandatory PUD. Surrounding land uses include the Ute Cemetery, which is located directly across Ute Avenue from the site, a duplex to the west on Lot 4 of the subdivision, and vacant BLM lands to the south and east. An existing road, which provides access to Lot 3 , parallels the site ' s southeastern boundary. In general, the topography of the site slopes up and away from Ute Avenue and towards the existing access road at the rear of the property. There is a gentle bench within the otherwise moderate north facing slope on which the proposed residence will be built. The elevation dif- ference across the site is approximately thirty ( 30 ) feet. P.O. Box 8485 • Aspen. Coloraao 81612 • 303:925-6958 S • Ms. Cynthia Houben • April 14 , 1988 Page 2 Natural vegetation consists primarily of numerous aspen and fir trees which are scattered around the periphery of the site. All major utilities are presently available within the Ute Avenue right-of-way. Proposed Development The Applicants propose to construct an approximately 4, 100 square foot, single-family residence on the property. The proposed structure is exempt from the City' s growth management regulations pursuant to Section 24-11 . 2 (c) of the Code. Lot 5 was created prior to November 14 , 1977 as evidenced by the Hoag Subdivision plat which was approved by the City Council in 1971 . Mandatory PUD Although the property has been designated mandatory PUD, compliance with the City' s planned unit development regulations is not required. Pursuant to Section 24-8 . 13 of the Code, the construction of a single-family residence on a separate lot is expressly exempted, a PUD designation notwithstanding. Subdivision Review Pursuant to Section 24-6 . 2 (a) of the Code, all development above, or within fifty ( 50 ) yards below, the 8040 green- line is subject to the City' s review and approval. The purpose of this review is to "insure that all development is compatible with the prevailing slopes; to provide for the least disturbance of the terrain and other natural land features ; 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" . With respect to the specific review requirements of Section 24-6. 2 (b) of the Code, the following comments are provided in support of the Applicants ' request for 8040 Greenline approval. 1 . Water service to the project will be provided via the existing eight ( 8 ) inch main located in Ute 111 Avenue. The Water Department has indicated that connec- • Ms . Cynthia Houben • April 14 , 1988 Page 3 tion to the existing main is acceptable, and that the municipal water system has sufficient capacity and pressure to accommodate the project ( see Exhibit C, letter from Jim Markalunas , Director, Aspen Water Department) . The project will also be connected to the existing sanitary sewer located in Ute Avenue. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated with no improvements to existing sewer lines or to the treatment plant ( see Exhibit D, letter from Heiko Khun, Manager, Aspen Consolidated Sanitation District) . 2 . As the proposed site plan illustrates , the structure will be accessed via a circular driveway from Ute Avenue. The driveway garde is such that fire protec- tion vehicles can readily access the structure . A fire hydrant is conveniently located on the north side of Ute Avenue across from Lot 4 of the Hoag Subdivision. Snow removal from the proposed driveway should not be a problem. 3 . As the attached reports from Chen & Associates and Nicholas Lampiris indicate ( see Exhibits E and F) , there is very little potential for geologic hazards to adversely affect the project site. No indications of massive instability of the natural slopes were observed in the immediate site area. The proposed building envelope is protected from avalanche and rock fall danger by the dense tree cover on the hillside above the site and by the existing road which parallels the property' s southern boundary. To further enhance safety, no windows will be located at grade at the rear of the structure, and the site will be graded so as to help divert potential gravity driven rock fall. 4 . The project ' s storm drainage system will be designed to maintain historic flow rates with respect surface runoff and ground water recharge. On-site drywells and/or surface detention facilities will be utilized to intercept and detain runoff from roofs and impervious areas, and to control the rate of groundwater recharge. All disturbed areas will be revegetated or otherwise stabilized in order to prevent erosion. In the event a detailed drainage plan is required, it will be prepared and submitted to the Engineering Department prior to issuance of a building permit. The specific recommen- • dations of the Chen report pertaining to surface and . • Ms . Cynthia Houben • April 14 , 1988 Page 4 foundation drainage will be strictly adhered to in the design of the project. 5 . Woodburning devices will be limited to one ( 1 ) fireplace. The project complies with the City' s adopted regulations pertaining to woodburning devices and, therefore, the structure ' s impact on air quality would appear to be acceptable. The Applicants will also adhere to any requirements that may be imposed by the Environmen- tal Health Department with respect to fugitive dust control during construction. 6 . As the accompanying site plan illustrates , the proposed structure has been located on the flattest portion of the site ' s allowable building envelope in order to minimize excavation. The proposed driveway essentially follows the existing topography and will require a relatively limited amount of regrading in order to construct. Given the shape of the parcel, and its topographical and vegetative characteristics, no other building footprint or driveway alignment is reasonably available. 7 . The proposed structure has been sited so as to require a minimum amount of cut and fill given the property' s existing topographical characteristics. As the accompanying architectural drawings illustrate, the structure will be recessed into the hillside. The maximum cut depth at the rear of the structure will be approx- imately fifteen ( 15 ) feet. All slope cuts, however, will be permanently retained, and the recommendations of the Chen report with respect to cut and fill, retaining walls and site grading will be strictly adhered to. The proposed building footprint will result in a minimum loss of mature vegetation and all disturbed areas will be appropriately revegetated or otherwise stabilized. 8 . As noted above, the proposed building footprint is the only reasonable building location given existing site constraints. The only regrading required will be for the building and driveway. The remainder of the site will be retained in its natural state as open space. 9 . The mountain is perceived primarily as the densely wooded area above the road at the rear of the site. The proposed structure has been located close to 411 Ute Avenue and designed in such a manner as to minimize • Ms . Cynthia Houben • April 14 , 1988 Page 5 the perception of bulk. As the accompanying architectural drawings illustrate, the structure ' s roof slopes steeply back from the street, varies in height along its length, and is approximately one ( 1 ) foot below the maximum allowable height limit. Building materials will consist of wood siding and a non-reflective metal roof . Natural colors will be employed to help blend the building into the surrounding hillside. Based on the above, we believe that the Applicants ' development proposal complies with the requirements of 8040 Greenline review and, therefore, respectfully request approval of the project as submitted. Should you have any questions regarding our application, or if we can be of any further assistance, please do not hesitate to call. As the Applicants wish to commence construction as soon as possible , any assistance you may be able to provide in expediting our request would be sincerely appreciated. Very truly yours, • VANN • •SOCIATES, • Sunny Va ,/ AICP SV:cwv Attachments • 110 411 EXHIBIT C CITY OF ASPEN 130 south galena street aspen , _colorado 81611 303-925-2020 ASPEN WATER DEPT April 5th 1988 VANN ASSOCIATES P.O. Box 8485 Aspen, Colorado 81612 Dear Sunny: Regarding: RAPPAPORT Residence, Lot 5 , Hoag Sub Div, Ute Ave. In regards to our discussion concerning the RAPPAPORT residence, • This letter is to advise you that water is available from an 8" ductile iron main located in Ute Ave . Sufficient Water quantity and pressure are available to provide adequate service to the proposed Single Family residence . Your client may obtain Water Service upon application and payment of a Water Connection Permit. Should you have any further questions please feel free to contact me . kncer y; / IM MARKALUNAS • 411 111 EXHIBIT D l�spen Consolidated Sanitation , ist -ict 565 North Mill Street Aspen, Colorado 81611 Tele. (3031 925-3601 Tele. !303) 925-2537 April 7, 1988 Sunny Vann Vann Associates Inc. P. 0. Box 8485 Aspen, Colorado 81611 Dear Mr. Vann, This letter is to verify that the Aspen Consolidated Sanitation District can service the single family residence that is being proposed for Lot 5 in the Hoag Subdivision. S Sincerely, 44,4g 0: -- Heiko Kuhn, Manager Aspen Consolidated Sanitation District • • • Chen&Associates 5080 Road 154 Casper EXHIBIT Glenwood Springs, CO 81601 Colorado Springs Consulting Geotechnical Engineers • 303/945-7458 Denver Ft. Collins g / Phoenix • Rock Springs Salt Lake City San Antonio SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED RESIDENCE LOT 5, HOAG SUBDIVISION, UTE AVENUE . ASPEN, COLORADO 4 • Prepared For: Gary and Susan H. Rappaport 3940 Waldon Shores Road Wayzata, MN 55391 • Job No. 4 438 87 November 30, 1987 IIO • TABLE OF CONTENTS CONCLUSIONS - 1 PURPOSE AND SCOPE OF STUDY 1 PROPOSED CONSTRUCTION 2 SITE CONDITIONS 2 FIELD EXPLORATION 3 SUBSOIL CONDITIONS 3 FOUNDATION RECOMMENDATIONS 4 GROUND FLOORS 5 FOUNDATION AND RETAINING WALLS 6 UNDERDRAIN SYSTEM 7 SITE GRADING 8 • SURFACE DRAINAGE 9 LIMITATIONS 9 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURE 4 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS • Chen&Associates • • CONCLUSIONS The subsoils encountered at the site consist mainly of rela- tively dense silty sandy gravels. The proposed residence should be founded with spread footings bearing on the natural granular soils below topsoil and designed for an allowable soil bearing pressure of 3000 psf. Precautions should be taken to maintain stability of the • uphill temporary excavation. Other design and construction criteria relating to geotechnical aspects of the proposed residence are presented in the body of the report. PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed resi- dence to be located on Lot 5, Hoag Subdivision, Ute Avenue, Aspen, Colorado. The study was conducted for the purpose of developing foundation recommenda- tions for the structure. The project site is shown on Fig. 1 . The study was • • conducted in accordance with our proposal for professional services letter to • • Gary Rappaport, c/o JDM Construction, dated October 27, 1987. A field exploration program consisting of exploratory borings was con- ducted to obtain information on subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine engineering characteristics and classification of the on-site soil. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable bearing pressures, and for site grading. The results of the field exploration and laboratory testing are presented in the report. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and • • Chen&Associates a discussion of geotechnical engineering considerations related to construc- tion of the proposed residence are included in the report. PROPOSED CONSTRUCTION At the time of our study design of the residence was in progress. We were provided a site plan by Bentz/Thompson/Rietow, Inc. , dated November 11 , 1987, that shows the building outline and proposed grading. The building is planned to be cut into the hillside and daylight on the north side. Cut depths with full height retaining will he up to about 15 feet. The building location and contours as provided are presented. on Fig. 1 . The building will be two to two and one-half stories of wood frame supported on concrete foundations. For the purpose of this study, we assume foundation loadings will be relatively light. If building or grading plans change significantly, we should be contacted • to provide geotechnical review of the plans and perform additional analysis as needed. 4, SITE CONDITIONS As the contours on Fig. 1 show, the site is strongly to steeply sloping down to the north. The property is situated between Ute Avenue on the down- hill side and an access drive/nordic ski trail on the uphill side. Above the access drive the grade becomes very steep and forms the south side of the Roaring Fork Valley. Elevation difference across the building site is about 18 feet and about 30 feet across the property. Vegetation consists of grass, brush, aspen and scattered evergreen trees. A few inches of snow covered the site at the time of our field work. Scattered small boulders were observed on and above the property. Indications of massive instability of the natural • slopes were not observed in the wren of the property. Chen&Associates IIO • -3- The property is located near the lower limit of an area mapped as being • potentially impacted by avalanche. There is an historic avalanche track a few hundred feet to the west of the property in the Hoag Subdivision. The site could also potentially be impacted by falling rocks and debris flow. The rocks exposed at the ground surface are relatively small and no debris flow indications were observed. The access dirve above the property will help catch and divert falling debris and runoff. Based on our observations, we believe the risk of adverse geologic impacts on the site during the structure life to be low. FIELD EXPLORATION The field exploration for the project was conducted on November 11 , 1987. Two exploratory borings were drilled at the locations shown on Fig. 1 with a 4-inch diameter continuous flight auger powered by a truck-mounted drill • rig. The borings were logged by a representative of Chen & Associates,oc ates, Inc. Samples of the subsoils were taken with a 1 3/8-inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140-pound hammer falling 30 inches, similar to the standard penetration test described by AST?! Method D-1586. The penetration resistance values are an indication of the relative density of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSOIL CONDITIONS Graphic logs of the subsoil conditions encountered at the site are shown on Fig. -2. The subsoils consist mainly of relatively dense silty sands and • Chen&Associates • -4- gravels with cobbles and boulders. The coarse material is subangular, appar- • ently derived from the steep slopes above the site. Drilling in the subsoils with auger equipment was difficult due to the density and size of the coarse material. Laboratory testing performed on samples obtained consisted of natural moisture content and gradation analyses. Results of a gradation analysis performed on a small diameter drive sample (minus 1 1/2-inch fraction) of the subsoils are shown on Fig. 4. The laboratory testing is summarized on Table I. No free water was encountered in the borings at time of drilling. The subsoils were slightly moist. FOUNDATION RECOMMENDATIONS • Considering the subsoil conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the structure be founded with spread footings bearing on the natural granular soils. Due to the elevation difference across the site, the foundation bearing level will vary from a few feet to about 15 feet below the natural ground surface. The design and construction criteria presented below should be observed for a spread footing foundation system: 1 ) Footings placed on undisturbed natural granular soils should be designed for an allowable soil bearing pressure of 3000 psf. A one-third increase in the bearing pressure can be used when calculating maximum toe pressure of cantilever retaining walls. Based on experience and the assumed foun- dation loadings, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less and essentially occur during construction. • Chen&Associates • • 2) The footings should have a minimum width of 16 inches for continuous walls • and 2 feet for columns. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protec- tion. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pres- sures as discussed in the "Foundation and Retaining Walls" section of this report. 5) Prior to the footing construction, all existing fill, topsoil and loose or disturbed soils should be removed and the footing level extended down to • the natural coarse granular soils. This may require deepening the foot- ings below design elevation in some areas. Care should be taken when excavating the foundations to reduce disturbance of the bearing soils. Voids resulting from boulder removal below footing elevation should be backfilled with concrete or compacted soil. 6) A representative of the soil engineer should observe all footing excava- tions to evaluate bearing conditions prior to concrete placement. GROUND FLOORS The natural on-site soils, exclusive of topsoil, are suitable to support lightly to moderately loaded slab-on-ground construction. To reduce the effects of some differential movement, nonstructural floor slabs should be separated from all bearing walls and columns with expansion joints which allow • unrestrained vertical movement. Floor slab control joints should be used to Chen&Associates ® • -6- reduce damage due to shrinkage cracking. We suggest joints be provided on the order of 15 feet on center. The requirements for slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4-inch layer of gravel can he placed beneath the slabs to aid in drainage and facilitate construction. This material should consist of minus 2-inch aggregate with less than 50% passing the No. 4 sieve and less than 5% passing the No. 200 sieve. All fill materials for support of floor slabs should be placed and compacted as discussed in the "Site Grading" section of this report. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed fo • g r a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 40 pcf for backfill consisting of the on-site granular soils. Cantilevered retaining structures which are separate from the resi- dence and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 35 pcf for back- fill consisting of the on-site granular soils. All foundation and retaining structures should be designed for appropriate surcharge pressures such as traffic, sloping backfill, snow storage, etc. For example, a lateral earth loading of at least 60 g pcf should be used for a backslope of 2:1 (horizontal to vertical) above a cantilevered wall. The pressures recommended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on the • Chen&Associates -7- • foundation wall or retaining structure. An underdrain should be provided at • the base of the wall or retaining structure to prevent hydrostatic pressure buildup. The lateral resistance of foundation or retaining wall footings placed on undisturbed natural soils will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.5. Passive pressure against the sides of the footings can be calculated using a pressure of 1400 pcf equivalent fluid unit weight. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive • resistance. Wall backfill should be placed in thin horizontal lifts at near optimum moisture content and compacted to at least 90% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment as this could cause excessive lateral pressure on the wall. UPDERDRAIN SYSTEM Although groundwater was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater may develop during times of heavy precipitation or seasonal runoff. Therefore, we recommend below grade construction be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drain tile placed in the bottom of the wall • backfill surrounded above the invert level with free-draining granular mate- Chen&Associates IIO -8- • rial. The drain should be placed at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. SITE GRADING The proposed ground floor level will require a relatively deep uphill cut and there is a risk of construction induced slope instability, especially if groundwater seepage is encountered. The soils in the area can typically be cut at a 1 horizontal to 1 vertical grade without massive slope movement. Fill material or other materials should not be placed at the top of steep cut slopes since this will increase loading and the risk of instability. Surface • grading should be directed away from slope cuts. We expect all cuts will be permanently retained. If unretained cut and fill slopes are used, they should be graded at 1 1/2 horizontal to 1 vertical or flatter. Surface water should not be allowed to discharge uncontrolled onto cut and fill slopes or the natural slope below the access drive. Graded slopes should be revegetated or protected from erosion by other means. The on-site natural soils exclusive of topsoil and rock fragments larger than about 8 inches are suitable for use as fill below slab, parking and drive areas, and as foundation and retaining wall backfill. Excavation of the soils should be possible with heavy duty equipment typically used in the area. Very large boulders and deep frost could be encountered. Fill placed beneath slab and pavement areas should be compacted in thin horizontal lifts to at least 95% of the maximum standard Proctor density at a moisture content within about • 2% of optimum. Pricr to the fill placement the subgrade should be carefully Chen&Associates . -9- • prepared by removing all vegetation, topsoil and existing fill and compacting • the natural subgrade to 95% standard Proctor density. Nonstructural landscape fill should be compacted to at least 90% standard Proctor density. Fill should be benched into portions of the site steeper than 20% grade. The fill should be observed and tested for compaction on a regular basis by the soil engineer. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed. 1 ) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. 3) Free-draining wall backfill should be capped with about 2 feet of finer grained soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. LIMITATIONS This report has been prepared in accordance with generally accepted geo- technical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1 and the proposed type of construction. The Chen&Associates nature and extent of subsurface variations across the site may not become • evident until excavation is performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, this office should be advised at once so reevaluation of the recommendations may be made. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. • �,� Very truly yours, I •1 ' 222 -� CHEN & ASSOCIATES INC. Eck ,, ra By ``� t' `_r_ �.- Steven L. Pawlak, P.E. SLP/ec • cc: JDM Construction Attn: Duane Stewart • • ;j • a Chen&Associates � ~ - 1111 �N �0 EXHIBIT F Nicholas Lampiris, Ph.[}. CONSULTING GEOLOGIST 0554 HIGHWAY 82 CARBON DALE, COLORADO 81623 (303)963-3600 April 14 , 1988 Sunny Vann 210 S. Galena Aspen , CO. 81611 RE: Lot 5, Hoag Subdivision Dear Mr. Vann : I have completed my geoloqic investigation of the above referenced lot along the south side of Ute Avenue , Aspen . Colorado. The property is near the southeast corner of the Town of Aspen , within the Aspen 7 1 /2 minute quadrangle , Pitkin County , Colorado. The building envelope is in a triangular area below an access road to another home, with another side of the triangle being Ute Avenue. There is a gentle bench within the otherwise moderate north facing slope where the home will be. Much of the property and the hillside above is covered with conifers' There is a large outcrop above and to the west of the site to which the Ute Trail ultimately goes. The geology of the site consists of a veneer of colluvium (the geologic quadrangle map by Bryant maps this material as talus) overlying the Precambrian age quartz monzonite which is in the subsurface. The front edge of the lot consists of Quaternary age moraine deposits, but construction of the home will be somewhat further up the hill and will not be on these silts, sands, cobbles and boulders. Faults are not mapped through the site and there is no evidence of recent activity on those on the hillside above the site. Although the hillside behind the home is fairly steep , it only has a potential rockfall hazard further to the east. I believe that the site is relatively safe because of the heavy tree cover on the hillside above and the presence of the access road/Ute Trail above the homesite, which will act to divert or even stop gravity-derived hazards. Nevertheless, I think it is important that the rear wall of the foundation not only act as a retaining wall to the cut toe of the hillside, but also protrude at least four feet above finished grade with no doors or windows so that any snow slides or infrequent rocks which may reach the site will do no damage. It would also be a good idea to have this same design along the west side of the home so that rocks which pinwheel from - � ��� ���/ III�� ��- April 14 , 1988 Lot 5° Hoag Subdivision Page Two the Ute outcrop toward the site and might net through all of the tree cover , will not be able to do significant damage to the side of the home. It is further my understanding that the home has already been designed , to some extent , with these factors in mind. I have reviewed a report by Chen and Associates on the soils conditions of the site and will defer to their recommendations in this respect. I would like to reaffirm that steps should be taken to insure proper and positive drainage around the home. The driveway above the site should not act as a conduit of runoff to Lot 5. The borrow ditching and whatever culverts are present on this driveway should be, to the extent that you have the ability to suggest modifications, not be directed toward the homesite. I believe that municipal water and sewer are available to the ��� site, and access is easily attainable off of Ute Avenue directly to the proposed homesite. I conclude that if the preceding recommendations are followed , there is very little potential for geologic hazards to negatively affect this site. Snow slides will be minor and will probably be stopped by the pre-existing driveway/Ute Trail , and rocks are not likely to reach the site, both because of its topographic position somewhat to the east of the major rockfall , and the dense tree cover on the hillside above. If there are further questions, please do not hesitate to contact me. Sincerely, --.�/ - Nicholas Lampiris Consulting Geologist NL/clk �� • EXHIBIT G \ e4' @_514/1"/17/ / WAYNE L. VANDEMARK, FIRE MARSHAL 420 E. HOPKINS STREET ASPEN, COLORADO 81611 (303) 925-2690 TO: TOM BAKER, PLANNING -/ I `k I APR 2 51988 f g; FROM: WAYNE VANDEMARK E I G;jI RE: RAPPAPORT, 8040 GREELINE L __ DATE: APRIL 25 , 1988 I have reviewed the application for this project and find that fire protection in the area is adequate. The fire department can respond within four minutes to this address . ASPEN*PITKIN ENVIARNMENTAL HEALTH DEPAFIPMENT EXHIBIT H MEMORANDUM To: Tom Baker Planning Office From: Lee Cassin � C Environmental Health Department Date: April 28, 1988 Re: Rappaport 8040 Greenline Parcel ID# 2737-182-68-004 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office, which is a recognized land use referral agency, by the Aspen/Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2 . 3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers" . ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant has agreed to serve the project with water provided by the Aspen Water ' Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring projects "which use water shall be connected to the municipal water utility system" . AIR QUALITY: The applicant proposes to install only one fireplace in the building. The applicant does not say how the project will be "limited" to only one' fireplace. If this limit is a deed restriction, this project will cause less air pollution than allowed under the law since it will not install an allowed certified stove in addition to the fireplace. How this is to be enforced needs to be clarified. The fireplace to be installed will have to contain gas logs and be used only with gas logs. Wood may not be burned in the fireplace, under regulations the City of Aspen has committed to having in effect by June 1, 1988. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 ASPEN*PITKIN ENVI NMENTAL HEALTH DEPAPMENT A fugitive dust control plan must be submitted to this office and approved prior to any construction. NOISE: Noise is not expected to be a problem except possibly during construction, at which time, the applicant should limit construc- tion activities to from 7 am until 10 pm. CONFORMANCE WITH OTHER LAWS: Contaminated Soils: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 EXHIBIT I MEMORANDUM TO: Tom Baker, Planning Office FROM: Jim Gibbard, Engineering Department 4W- DATE: May 18, 1988 RE: Rappaport 8040 Greenline Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The applicant has indicated that recommendations submitted b PP by Chen and Associates will be followed. We would also recommend that a geotechnical engineer be required for inspection during construction and that a C.O. not be issued until that engineer is satisfied that the above recommendations have been followed. 2 . A detailed storm drainage plan will need to be. submitted to. the Engineering Department., 3 . The applicant has indicated that revegetation will occur in those areas that are disturbed. A detailed plan for this revegetation should be submitted. . 4. The applicant has indicated there will be regrading done for the construction of the driveways. We will require that culverts be placed in these driveways and that the existing drainage ditch along the street be improved to provide for adequate drainage. jg/rprt8040 cc: Jay Hammond Chuck Roth • EXHIBIT B April 8 , 1988 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent us in the processing of all required applications for the development of Lot 5 of the Hoag Subdivision which is located on Ute Avenue in • the City of Aspen, Colorado. Mr. Vann is hereby authori- zed to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications . Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Very truly yours , A ..... h' 1�t/�ILI a y 6'nd 1: ••:'p•aport SV:cwv • J 4110 VANN ASSOCIATES Planning Consultants March 31, 1988 HAND DELIVERED Mr. Chuck Roth Assistant City Engineer 130 South Galena Street - Aspen, Colorado 81611 Re: Rappaport- 8040 Greenline Review Dear Chuck: The purpose of this letter is to confirm my understanding of the Engineering Department' s position with respect to various issues pertaining to the proposed construction of the Rappaport residence on Lot 5 of the Hoag Subdivision. As we discussed with Jay this morning, the Rappaports propose to locate the residence approximately twenty-five ( 25) feet from the ' front property line, the minimum required setback in the R-15 zone district. It is my understanding that the Engineering Department will not require that the setback be measured from the ten ( 10) foot strip previously reserved for the widening of Ute Avenue, since sufficient right-of-way appears to exist should future improvements to the street be necessary. _Ad, It is also my understanding that you will allow the „40( 1I Rappaports to regrade the area between their property line if�'r`�'``) / and the street in conjunction with the construction of the ,psi/ residence' s driveway provided, however, that no berming U occurs within the public right-of -way and adequate provision is made for street drainage. The grading plan should also maximize, to the extent feasible, the reten- tion of any significant natural vegetation which might be located in this area. With respect to the residence ' s western driveway entrance, it is my understanding that the driveway may extend beyond the Rappaport' s property line provided, however, that no regrading of the adjacent property (i.e. , Lot 4) is re- quired. P.O. Box 8485•Aspen, Colorado 81612 •303/925-6958 „, • Mr. Chuck Roth March 31, 1988 Page 2 I believe that the above represents the essence of our discussion. If I have erred in any way, please do not hesitate to call. It is our intention to base the proposed site plan for the residence on this understand- ing, and to incorporate the plan in , the Rappaport' s 8040 Greenline application. Inasmuch as we would like to submit the application as soon as possible, we would appreciate a prompt response should you have any problems with our approach. Thanks again for your assistance. Very truly yours, VANN ASSOCIATES, NC. Sunny n, AICP SV:cw cc: Cindy Houben N Gary Rappaport • • • • . :11T ENT. , EXHIBIT A • • lluyers Tile Insurance rpo:ution National He3ccuarters rich oc !:romma COMMITMENT FOR TITLE INSURANCE SCHEDULE A E`fe... .e Date -i, v•I'I i5N i N - .1%-"j i 2 Police or o:,: Cies to „e Issue 1a1 �mn_'r S �.���7�d.l Y�7On{ri�. '+'i.�i� A�7A Q.:ne 's°ol.cy—worm? 197C(Rev 10-• -70$Rev. 1C- -34' ALTA =vsden;ial Ttie insurance Policy—1979 Proposed Insured GARY B. P?.FFAPORT and SUSAN H. RAPPAPOFZ bl ALTA Loan Policy, 1970 iRev. 10-17-70&Rev. 10-17-84) Amount $ Proposed msurea• • tci Amount S Proposed .nsured TAX CEPZIFICATE S 5.00 3 Title to the fee simp'e estate or interest in the land In described or referred to in this Commitment is at toe effective date hereof vested in• AVID C. CC OKE a-)d T"U I 1 i CL E ARD 4 The and referred to in this Commitment Is described as follows: LCf 5, HCAG S_BDIVISION, COUNTY CF PITKLN, STATE OF CCLIRAD0 • PItkIn County Title, Inc. 601 E.Hopkins Minn,Colorado 81611 /'puntersigned'- t_ - Commitment No. PCT-1065-87 t \ Schedule A—Page 1 • This commitment is invalid unless Author zed Offic or Agent the Insuring Provisions and Schee. cn„n r el•881SCH.Al vies A and B are attached • • buyers -Flute Insurance G)rporation Naponal Heangualers R■chrronn. Vi,0:013 SCHEDULE E—Secticn 1 Requirements are tno wdh ,a; ,--Thyme^:!to account Ci ,-:lantors 0 ■nort:-.acrs f toe uh cc.r.s“Jerenon for the estate cr mte,est o tie insurr->c! hero■!:• Pre:;er rnstu7,-en:fy oreat rt tie :state or interest to be•nsurec must ce executed and duly filed for recorc. ! !) Release by :he Public Tr.is:ee of the Coun:v of Ptkin of: Deed c.f 7rusc frm : DAVID C. 0C(gE and IT= C=0 too Lee ci : EANX CF FORT rxTmi to secure : $250,j)0.00 dated : May 2 , 985 recorded : June .0, 1985 in Boo!t. 487 a: Page 509 reception no. : 258798 (2) Deed ft-art : DAVID C. COOKE and =ITT CLINARD CO : GARY B. RAPPAPORT and SUSAN H. RAPPAPORT (3) Certificate frm the iiareomers Association evidencing the fact that all fees and expenses•curren:ly due and pay,:ble have been aaid in full and are not delinquent. (.4) Evidence sa.tisfacttpry to the Company that the Real Estate Transfer Tax as established by CTdinance No. 20 (Series of 1979) has been paid or exempted. (5) Certificate of Ncnforeign Status, signed by DAVID C. CCUtT and 7171.7. CLIN.ARD. Tt.:s co-mtmen1■s;-.aid unless the insunn:1 Prnyts!c,ns and Sched- Schedule B-Section 1-Page 1-Commitment No. P—r- tiles A and B are attache(' • • • Leuiyero Title Insurance Corpo:rution NATIONAL HEADOL•.:.RTEFS RICHMOND. VIRGINIA SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the follow;ng unless the same o e disposed of tJ the satisfaction of the Company 1. Rights or claims of parties n possession not shown by the public records. 2. Easements, cr cicims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in crec. encroach^eats, cod cnv foots wnich a correct survey and inscection of the premises would aisclose and wnich are net shown by ire public records. 4. Any lien, or right 'c a Iten, for services, lobor or material heretofore or Inereafter furnished, posed by low and not shown by the public records. �. Defects, :ens, encumbrances, adverse claims or other matters. i coy, created, first oopearing in the pubic records or attaching subsequent to the effective dote hereof but prior to the date t:^e proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. • Taxes due and payable; and any '_ax, special assessrents, charge or lien itttpased for water or sewer service, or for any other special taxing district. 7. Reser:ati,oc.s and exceptions as contained in United States Patient recorded August 25, 1959 in Pock 173 at Page 229 as fo11a-;s: right of way for ditrses or canals constructed by the authority of the United States. 5. Utility and P blic Trail casements, and a IC foot strip reserved for the City of Aspen for the widening of Ute Avenue as sna.n on Mao of Hoag Suadivisicn recorded i;ove:ner 5, 197: in Plat 'Book 4 at Page 218. Exceptions numbered `(1 ore hereby omitted. 'He Owner's Folio ra on issued. :r coy, snail contain the fci'o.,•inc itex^s in addition to the ones set forth above: 'he Deed of host, ■1 pry, required under Schc•du e °_—Section 1, rem Unpaten•ed miring ciditms, rese•va'■O^s or exceptions in extents or (n Ac's authorizing i ssuo"ce •-_roof. .vote- roots. claims a• '.te to water. Any and a!I npaid tcxes cssessments and un•edeemed tax soles. Schedule B—Section 2—Page 1—No. rote c'-96_52 Rocky MI • • • I uye Title insurance Corpo. lion 'Iationul re=p:carters COMMITMENT FOR TITLE INSURANCE _AWYERS TITLE INS'JP,ANCE CORPORATION. a Virginia corocraoon. herein „a.lea :ire Company, for vaivanle consideration, hereby commits to issue its col cv or policies of title insurance.as identified in Scheaule A,in favor of:-e proposed Insured named in Schedule A. as owner or !mortgagee of toe estate or interest covered hereby in toe land cescribea or referrec to in Schedule A.upon payment cf the premiums and charges therefor:all subject to the provisions cf Schepules A and B and to the Conditions and Stipu,ations hereof. This Commitment shall be effective only when the identity of the proposed Insured and toe amount of the policy or policies commuted for nave been inser.ee it Schedule A hereof by the Company,either at toe time of the issuance of this Commitme^• cr by subsequent un.aorsement This Commitment is pre:lmirary to he issuance of such pcccv or pcl cues of title insurance ana all liability and obligations hereurder shall cease a-•,a terminate Six of montns after the effective date hereof or when the policy or policies committed for shall.ss.cti,wnicbever first occurs,provided toe:the,a iu e to c;sue such policy or policies is no:me fault of the Comoany This Commitment shall not be valid or binding urn countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused :,his Commitment to be signed and sealed, to become valid omen countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws.This Commitment is • effective as of toe eats shown in Schedule A as "Effective Cate CONDITIONS AND STIPULATIONS 1 The term "mortgage," when usea herein. shall include deed of trust, trust deed. or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any cefect. lien.encumbrance.aaverse claim or otner matter affecting the estate or interest or mortgage thereon covered ev this Commitment other than those shown in Schedule B hereof,and shall tail to d sclose sucn knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resultina from any act of reliance hereon to toe extent the Company is pre,udicea by failure to so disclose such knowledge.If the proposed Insure,:snail disclose s Bch knowledge to the Company,or it the Company otherwise acouires actual knowledge of any such defect. ::en,encumbrance.adverse claim or other matter,the Company at its optics may amend Scheaule B of this Commitment accoroingly,but such amendment shall not relieve the Company trom liability previously incurred pursuant to paragraph 3 of these Conditions ana Stipulations. 3 Liability of the Company under this Commitment shalt be only to the named proposed Insured anc such parties included under the definition of Insured in the form of policy or polices committed for and only for actual loss incurred in reliance hereon in undertaking in good faith la}to comply with the requirements hereof.ortbl toeliminate exceptions shown in Schedule B.or(c)to acquire or create the estate or interest or mortgage:nereon covered by this Commitment. In no event shall such liab lily exceed the amount states .n Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions anc the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to toe provisions of this Commitment. lawyers Title Insuce Grporetion • No-irev, a,�J President Attest: 4-7' Secretary. • • • • 09/23/87 10:01 T5512 931 2402 N.4?C0 INTL 003 Ih•n�nit•�t:y�,�—.�'.I.�A__NI.. - R:ecpc,m No, Recorder. WARRANTY DEED TI RS DEED.hl.t: :ltis ,ay of • 9?,h•„s;en DAVID C. COOKE and TRUITT CLINARD 4100 International Plaza, Suite 500, Ft. Worth .�I Ihr r Cauni of seta State of Texas r ,? N){!X}(o.er.tnt.r.uo.l CARY B. RAPPAPORT and SUSAN H. I ( RIPPAPORT ah.•.cl;eal:f.un�.t. 3940 Weldon Shores Road, Wayzata, Minnesota t.t;he County of and State of r0(s44.11,grantee: I I, h.t the lrtnuor for nod In consideration of the cam of Ten and C0/100ths ($10. 00) Ixtu.:\RS. t h..roril,t:oul sure ict,i y.d nhirh i.Iw rJ v,.A u.n.ttU L'rI,h:a graotpl,1.ug;r.nsnl,M.Id .t'owI.rvscnts ti.l'.4 ran.ICrrglnn, �w.\\�n;yi r�ntnnn,uwa ii gintwe.his boil,anti.1s.i;ns G.nver.all the rest pntltny together ssuh impn v:inents.if any..rttate,lying and bin_in the • Coons v of P i tk i n and State of Coluradn dcscrihrl u.f,olltarc Lot 5, Hoag Subdivision as known he street and number ac 7YIf i1•:Tll ER with all and singular the hcrrJitarntnts and apputtc narccs Motto bclrmging,or in anywise appcnalning.and the reversion and reunion.,n•n.ainda•r and reon.irnicn.rents.issues and pmiits Ihenr•f.and all the estate,right,title.iutetect.claim and demand whatwracr of the !j gent.,,cohs•r in I.nv n•calmly.of.in and ttu the show bargained premises.with the hertdttaments and appwrtcnantta. ! TO ItAVY.AND TO 1101.11 the old premises show bargained and ste•cribcd.with the appurtenances.unto the grantee.his heirs and aistens I..rever Ansi thy grantor,t.e!ttmseti.his hcin.and personal representatives.does e.secant grant.hargaln.:sad agree to and with the g.aorre.his heirs and m..ga..sirs:o the tits'of tlw eme;,Iiig and delivery of these presents.he is well scixed of the premises atone conveyed.has god.sure.perfect.absolute sod Inuki'e;elide estate of Inheritance.In hint.in fee simple,and has goad right.fall power and tnwMl authority in grant,hargaln,sell and convey the same in nt:uttY and fonts it utoresnld.:Ind 111:11 the same are free and clear fruits all former and other grant'..bargains.sales.liens.IasCs.assessments. cr•.vm)•anew and restrictions of whatever Lind or nature striver,except as shown on the attached Exhibit A. II 'rite Cantor chill and will\VARRANT AN I)IOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, hits hN.',and assigns,against all and esvi y person or persons lawfully claiming the whole or any put thereol.The'linguist number shall Include the p:anl, • it,•plural the slnFulur.and the use of any gender shell be applicable to all genders. t t 11'lll'Yt s.S N'It1;RECM tits gf:...W.has enev.uted this deed sett sia date sus fu.1L dares. I, Cav3d C. Cooke 'Truitt clinard 4i Texas STATE OF kxse9p 1 5 ta. ettUMY of f • • _'9,2::;:' 1, L402 :A?CG I:NTL 006 EXXISIT "A" TO WARRANTY OE1ED BETWEEN DAVID C. COOKE ANL) :'RUITT C;INARD AND GARY B. RAPPAPORT AND SUSAN H. RAPPAPORT 1. 1997 taxes due and payable in 1988 ; and any tax, special assessments, charge or lier. imposed for water or sewer service, cr for any other special taxing district. 2 . Reservations and exceptions as contained in United States Patent recorded August 26, 1949 in Book 175 at Page 229 as follows: right of way for ditches or canals constructed by the authority of the United States. 3 . Utility and Public Trail Zasenents, and a 10 foot strip reserved for the city of Aspen for the widening of Ute Avenue as shown on Map of Hoag Subdivision recorded • ;:ovember 5, 1971 in Plat Book 4 at Page 218. • All 411 MEMORANDUM TO: City Attorney City Engineer Environmental Health Fire Marshal FROM: Tom Baker, Planning Office RE: Rappaport 8040 Greenline Parcel ID# 2737-182-68-004 DATE: April 18, 1988 Attached for your review and comments is an application submitted by Sunny Vann on behalf of his client, Rappaport Aspen Account, requesting 8040 Greenline review for a proposed 4, 100 sq. ft. single-family structure to be constructed on approximately 15,811 sq. ft. of land, Lot 5 of the Hoag Subdivision. The property is located within the Aspen City limits on the south side of Ute Avenue and is zoned R-15 (PUD) . Please review this material and return your comments no later than May 23, 1988 in order for this office to have adequate time to prepare for its presentation before P&Z. Thank you. • • ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (30A) 925-2020 Date: Or//`e/ QA),A(Ulaj) (1,4(2 ( ;( ( jy, Co770/. — RE: ' i..1I r (milr''lll�/ 4J14u A C Dear 9:7170) This is to inform you that the Planning Office has completed its preliminary review of the captipned application. We have determined that your application IS N.0 oomplete. Additional items required include: Disclosure of Ownership (one copy 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 r1s- complete and we hay e sc epuled it for review. by the f `� L� on 0.11-11-1 . ---1 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 next available agenda. If Y ou have any questions, please call O the planner assigned to your case. Sincerely, ASPEN/PITKIN PLANNING OFFICE