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HomeMy WebLinkAboutLand Use Case.531 Moore Dr 0049.2010.ASLU mow THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0049.2010.ASLU PARCEL ID NUMBERS 273514111118 PROJECTS ADDRESS 531 Moore Drive PLANNER JENNIFER PHELAN CASE DESCRIPTION NSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE GALAMBOS ARCHITECTS 429-1286 DATE OF FINAL ACTION 10/12/2010 CLOSED BY ANGELA SCOREY ON: 12/03/13 004q o . Aa-Vi r,,,1rJ File Edit Record Navigate Form Reports Format Tab Help y Cl w Ro�iny Status I Fees I Fee Summary [M I Actions Attachments l Routing Hstory j y"tion Arohf Erq l Custom Fields j Sub Permds �Parcels Aspen Land Use p*(; D49.2010.ASLU pd*W 531 MOORE DR —531 MOORE DR � � AptjStRd ay JASPEN pp �� aodq queue asIW7 7. ADD�ed 9M 68010 p —� StadK pending Approved Dowtom FINAL PUD-CHANGE IN BUILDING ENVELOPE SHAPE Issued Final S&J,W JGALAMBOS ARCHITECTS 429.1286 Cbck arming DM F74 E>rpiros M 1(2011 Shmtted via Owner Last name OWEN frst name OBERT PO BOX 1470 ASPEN CO 81612 Phone 970}544-200D Address Ap*ant Q Owner is apOcant? ❑Contractor is applbant? Last name BOMEN First name IROBERT PO BOX 1470 Phone (970)544-2000 Cust t 127189 Address ASPEN CO 81612 Lender Last name I F'vst name Phone O Address AspenGold5(server) angelas _1 of 1 � qL 7 • Db Jennifer Phelan From: John Galambos U galambos @galambosarchitects.net] Sent: Tuesday, October 12, 2010 2:57 PM To: Jennifer Phelan Subject: RE: 531 Moore Drive Jennifer Just following up on my voicemail to you earlier today. The owner has decided to withdraw this application. do we need to send something in writing or will this email suffice? John John Galambos, AIA President Galambos Architects, Inc. 314 AABC, Suite D Aspen, CO 81611 Tel: 970.429.1286 Fax: 970.429.1296 Web: www.galambosarchitects.net From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us] Sent: Wednesday, October 06, 2010 9:19 AM To: John Galambos Subject: 531 Moore Drive Hi John: I pulled the building permit file on the house and no improvements outside the envelope are shown on any plans. I'd like to meet with you next week to discuss options. I'm leaving for a conference momentarily and should be back in the office on Tuesday. Let me know what days work best for you so we can schedule a meeting. Best regards,jennifer Je~vu er Phe,ta4A,,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com Email secured by Check Point i THE CITY OF ASPEN Land Use Application Determination of Completeness Date: September 22, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0049.2010.ASLU— 531 Moore Drive.The planner assigned to this case is myself. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You ennifer P el n, Deputy Director City of Asp n, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No >4: — Subdivision(creating more than l additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970.429.2739 DATE: 12/30109 PROJECT: Lot 18, Five Trees, Envelope Adjustment REPRESENTATIVE: John Galambos, 970.429.1286 OWNER: Bob and Renee Bowden TYPE OF APPLICATION: Insubstantial PUD Amendment, regarding a change to building envelope DESCRIPTION: The owner has proposed a building envelope adjustment for Lot 18 of the Moore Family PUD (Five Trees). The applicant would like to transition a portion of the existing building envelope (approximately 2,000 sq. ft.) to rear of the property. This adjustment would grant the property owner the necessary space to develop a deck/patio feature to the home. If approved, the adjustment to the building envelope shall not represent a net gain in allowable floor area, or alter the approved and recorded floor area allotments for lots within the Moore Family PUD. The adjustment has already received HOA approval, but the Moore Family SARC is waiting for City approval. A revised plat shall be recorded of Lot 18, if approved, by the Pitkin County Clerk and Recorder. An Insubstantial PUD Amendment is handled administratively by Community Development Staff. No public notice is required. Referral comments from the City of Aspen Parks Department will be requested and assessed with the applicable fee. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zonina/Title 26 Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 Amendment of PUD development order Review by: Community Development Staff for complete application Public Hearing: Required for both P&Z and HPC. Planning Fees: $735 for Community Development Administrative Review. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour, and; $212 for Parks Department Referral. Total Deposit: $947 Total Number of Application Copies: 3 Copies Includes appropriate drawing for board review(HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2) To apply, submit the following information p Total Deposit for review of application. M Pre-application Conference Summary. i D Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. D A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado (may be waived by the Community Development Director). Cl A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. Q Completed Land Use application and signed fee agreement. O An 8 1/2"x 11"vicinity map locating the subject parcels within the City of Aspen. Q A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. i 1 March 10,2010 i City of Aspen Community Development Department 130 S. Galena Street Aspen, Co 81611 To whom it may concern: I, Bob Bowden, owner of the property described as Lot 18,Block G,Moore Family PUD, 531 Moore Drive, 544-2000,authorize John Galambos of Galambos Architects Inc, 314D AABC,Aspen,429-1286 to act on my behalf related to the City of Aspen's Land Use Approvals required for our Envelope Adjustment. hank Y u, Bo Bo en ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell (tomt @sopris.net) TJ Davis-(tjd @sopris.net) Brandi Jepson- (brandi @sopris.net) Joy Higens-(joy @sopris.net) (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY IIIII Fideliti National`ride Insurance Cmnpanr 1'`111 Con K,ru n\,,nw.toil,+(XI - Ir-w.C\9"d 14,21-, Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company,for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY SEAS til'1"E;5 C E're"idvla �r Secretai-� Countersigned: Authorized Signature FORM 27-083-66(10/03) ALTA COMMITMENT- 1966 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust,trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 3, 2010 at 8:00 AM Case No. PCT22954F 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b)ALTA Loan Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ROBERT BOWDEN 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 18, BLOCK G, THE MOORE FAMILY PUD,A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: SCHEDULE B-SECTION 1 REQUIREMENTS- The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded May 6, 1890 in Book 55 at Page 9, January 19, 1892 in Book 55 at Page 20, November 29, 1892 in Book 55 at Page 34 and August 26, 1922 in Book 55 at Page 191. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County recorded July 15, 1998 as Reception No. 419476 as Resolution No. 98-114. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolutions of the Board of County.Commissioners recorded February 15, 1995 in Book 774 at Page 50 as Resolution No. 95-9, October 27, 1995 in Book 797 at Page 922 as Resolution No. 95-173, November 9, 1995 in Book 799 at Page 150 and October 25, 1996 as Reception No. 398334 as Resolution No. 95-30, May 8, 1997 as Reception No. 404234 as Resolution No. 97-75, Ordinance No. 97-13 recorded June 10, 1997 as Reception No.405216, April 7, 1998 as Reception No.415352 as Resolution No. 98-57 and re-recorded January 12, 1999 as Reception No. 426490, Ordinance No. 20, Series of 1997 recorded August 11, 1998 as Reception No. 420479,August 11, 1998 as Reception No.420480 as Resolution No. 98-40. 10. Terms, conditions, provisions and obligations as set forth in Subdivider's Agreement recorded August 10, 1998 as Reception No. 420468. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Master Declaration of Covenants, Conditions and Restrictions for Moore Family PUD, a Planned Community recorded August 10, 1998 as Reception No. 420466, Designation of Successor and Assigns was recorded August 11, 1998 as Reception No. 420522, deleting therefrom any restrictions indicating any preference, limitation or discrimination based'on race, color, religion, sex, handicap,familial status or national origin. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 10, 1998 in Plat Book 45 at Page 81. 13. Terms, conditions, provisions and obligations as set forth in Master Deed Restriction recorded August 11, 1998 as Reception No. 420489 and Amendment recorded February 11, 2000 as Reception No. 440394. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 14. Terms, conditions, provisions and obligations as set forth in Moore PUD Planned Unit Development Guide recorded August 10, 1998 as Reception No. 420467. 15. Terms, conditions, provisions and obligations as set forth in Easement Agreement(Utility and Drainage) recorded August 11, 1998 as Reception No. 420477. 16. Terms, conditions, provisions and obligations as set forth in Easement for Water Lines and Related Purposes recorded August 11, 1998 as Reception No. 420478. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 20, Series of 1997 by The Board-of County Commissioners recorded August 11, 1998 as Reception No. 420479. 18. Terms, conditions and provisions of Resolution No. 98-40 recorded August 11, 1998 as Reception No. 420480. 19. Terms, conditions, provisions and obligations as set forth in Aspen Water Service Agreement recorded August 11, 1998 as Reception No. 420481 and August 11, 1998 as Reception No. 420482. 20. Easement and right of way for operating, maintaining and repairing as set forth in City of Aspen Easement Agreement recorded May 31, 2001 as Reception No.454998. 21. Terms, conditions, provisions and obligations as set forth in Raw Water Agreement recorded August 11, 1998 as Reception No. 420485 and Side Agreement thereto recorded April 10, 2001 as Reception No. 453241. 22. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 11, 1998 as Reception No.420486. 23. Terms, conditions, provisions and obligations as set forth in Collection System Agreement recorded August 11, 1998 as Reception No.420487. 24. Terms, conditions, provisions and obligations as set forth in Preconnection Agreement recorded August 11, 1998 as Reception No. 420488. 25. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded January 11, 1999 as Reception No. 426420. 26. Reservation of all mineral rights as set forth in Deed recorded May 11, 1999 as Reception No. 430916. 27. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 24, Series of 1999 by City Council of the City of Aspen recorded July 14, 1999 as Reception No. 433361. 28. Annexation Plats recorded July 14, 1999 in Plat Book 50 at Pages 44 through 47. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS-(Continued) 29. Order and Decree to Create District recorded December 28, 2000 as Reception No. 450000. 30. Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 22, 2001 in Plat Book 56 at Page 71. 31. Deed of Trust from: ROBERT BOWDEN To the Public Trustee of the County of PITKIN For the use of :ALPINE BANK Original Amount : $4,000,000.00 Dated :April 7, 2005 Recorded :April 12, 2005 Reception No. : 508856 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1)The Deed of Trust, if any, required under Schedule B-Section 1. (2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i)of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage Pursuant to Senate Bill 91-14(CRS 10-11-122) (a)The Subject Real Property may be located in a Special Taxing District; (b)A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE:A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088(CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123(HB 01-1088), this is to advise: (a)There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b)That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies-We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future'coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Q ATTACHMENT 2—LAND USE APPLICATION 'ROJECT: ZD E5 IU �� // � , // __VE�a f�' Y GnJ � AIJus7riytENT Name: 06 +' ��1.1Ec. LJ Vtw Location: Jr3/ Nmpgp �/VE 'L.oT/8 3LaGk Csl /�uul rt.�,i ftlD (Indicate street address, lot&block number, legal description where appropriate) Parcel ID 4(REQUIRED) 2735/y/J�// 8 APPLICANT: Name: '3ot, 4- Address: 53 / o,2E '-yE $p$,�� Zie Phone#: qt{g 7000 REPRESENTATIVE: Name: 4*,4mED5 1 -hteer-s V oHi,) 6ALAMsoS Address: D Phone#: LfZc/. TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ( Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Uave you attached the following? FEES DUE: S ] Pre-Application Conference Summary ] Attachment 41, Signed Fee Agreement ] Response to Attachment 43, Dimensional Requirements Form ] Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards ] 3-D Model for large project All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. I CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and ';o tO &w l (hereinafter APPLICANT)AGREE AS FOLLOWS: j i 1. APPLICANT has submitted to CITY an applic tion for (hereinafter,THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size,nature or scope of the proposed project,it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its Ul costs to process APPLICAN'T'S application. 4. CITE' and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration,unless current billings are paid in full prior to decision. 5. Therefore,APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 9-47 inn which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit,APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above,including post approval review at a rate of$245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN A PLICANT By: By Chris Bendon Community Development Director Date: /h� AO .Billing Address and Telephone Number: t ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: LaT M ;�vE 7-oie-r-,s Applicant: &g + P"t--_ 'E�;bW 9e-� Location: ,�3/ 100O C6 ';904v6_ • /bpi,-� Zone District: -1 00a-f_ ,( p Lot Size: 351 546 sp y Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Q Proposed: 0 Number of residential units: Existing. / Proposed: � Number of bedrooms: Existing., Proposed: S Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing., Allowable: Proposed Principal bldg. height: Existing: Allowable: Proposed:0NGrh1-W(sf--v Access. bldg. height: Existing. Allowable: Proposed: On-Site parking: Existing:yr_Ww,ay Required: Proposed: Uuc.F, c�fl % Site coverage: Existing: Required: Proposed: % Open Space: Existing: �8,�/ o Required: Proposed: 800 y 7 Front Setback: Existing: �S Required: Proposed: Rear Setback: Existing: 1061 Required: Proposed: �lI Div Combined F/R: Existing: Required: Proposed: Side Setback: Existing: 20 Required: Proposed: 20 IST Side Setback: Existing: �5 Required; Proposed: ,a�E� i'2 iniN. Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: September 14, 2010 G A L A M B O S ARCHITECTS INC. Amendment of PUD development order: 24.445.100 A. PUD Insubstantial Amendments 1. A change in the use or character of the development Use and character remain unchanged 2. An increase by greater than 3% in overall coverage of structures on the land. No change 3. Any amendment that substantially increases trip generation rates of the proposed development, or demand for public facilities. No change in trip generation 4. A reduction by greater than 3% of the approved open space. No change to open space 5. A reduction by greater than 1% of the off-street parking and easements. No change in off-street parking 6. A reduction in required pavement widths or rights-of-way for streets and easements. No change 7. An increase of greater than 2% in the approved gross leasable floor area of commercial buildings. Non-applicable 8. An increase by greater than 1% in the approved residential density of the development. No change in FAR for the development 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variations from the project's approved use or dimensional requirements. No inconsistent changes Bldg 314 Suite D AABC•Aspen,Colorado 81611 P:970-429-1286•F:970-429-1296 F:gainc @galambosarchitects.net March 10, 2010 City of Aspen Community Development Department 130 S. Galena Street Aspen, Co 81611 RE: Envelope Adjustment for Lot 18, Block G Moore Family PUD 531 Moore Drive Aspen, CO Written Description for the Insubstantial PUD Amendment, regarding a change to building envelope. We are proposing a transfer of a portion of the existing envelope from the East side of the property to the South side of the property. This shown per the attached plat prepared by Tuttle Surveying Services dated 3/10/2010. The square footage of the proposed envelope is equal to the vacated portion of the old envelope. The Homeowners association for Five Trees has received the necessary votes to modify this Building Envelope as per the attached letter dated December 4, 2009. There is no net gain in allowable Floor Area nor does this application alter the recorded floor area allotments for lots within the Moore family PUD. Thank you, John Galambos, Galambos Architects, Inc 314 D AABC Aspen, CO 81611 (970) 429-1286 F I V E T R E E S o033 Px,mn( /^x0),��' n/ 4I0 (Y)0o|| v20-2240 F (9-0)925-47Z�4 �Nn�� �ux ��� [�xu�u� nuo���nxcu F\/ xx/~/o� Kn/ ' cFTu` BE1�If;N &F\'KF�V/ 8RAR,0 December 4L2U04 Bob Bowden P.O. Box 1470 Aspen. C{} 8|6l2 ' Re: 531 Moore Drive Aspen. C() 8|6ll Lot IS. Moore Fuudlr P U D On December 3. 2009 DR13 management received the required amount of votes froin tile [ivtTrnemUornrovvucmin modify the Bui|dinc, Envelope a153i K1*ore, Drive, Bowden Residence. Final approval p/i|\ br contingent upon Dcsi�o |tcvicv/ Board approval aync|| uxv/dUcnconsent from the City that they approve the building envelope modification v/itb the proposed improvements. Please contact the office to schedule meeting -with dhc|}RB. Should you have ouy qucsdouo or need additional iu6aono1ioo. p\cosc feel free to give me o call. Sincere]y, Assis rIM, ana2er Associations and Special Districts ou9snu voter omnv`u|uw First Amended Plat Of Lot 18, Block C, Fite ffoore Family Planned Unit Pevelopment 4 Planned Community This plat amends the plat recorded in Plat Book 4Y at Page 8> in the records of the Pitkin County Clerk and Recorder County of Pitkin, State of Colorado Chord TABLE The u f WRW Raokra LengM length t�g Odra T rpose o thxs oat 2s to amend the building envelope on said Lot 1,9 Cf 13500 7531 74.34 S 450'38 3157'46' Legand and dates.- C2 f6QQD 6864 6871 S78'32'09 434IT' CfR7/f MX OF DEDIAI770N AND OW4FRS/6P - fie purpose of th/s plat/s to amend the buld/ng e7idcpe of sold Lot 18 Know o9 moo by these preaelta that the undays/Sned bring - o hd/eates found manumw7t as descrhed the ownea h fee s/mp/e of cetoh/ends h P/tkh County, [kJaado,dworked as fo#owx Beahgs are boaad upan a 0 raba wIM#legible red p/ostk sap founnd of Me eeatar/y enmer, and a nibs w/M#/eg/b/e red p/oar/e ocp found Lot 14 Block Q% fie Moore Fan#y Plowed Unit DeWapment of Ms naMwesfe/y comer,bOM of aubaEct Lot 14 using o beorhg of A Plowed CammunRy Found 0 rebr aid ` ,00." N4JVI02'E between the two desabed mmummia acandiry!o Me plot thereof recorded August 14 1998 #/egAi/e red p/ostler sap A40, �,z#je /n Plat Boole 45 at Page 81. /Q �J - fill arsW does not represent a Ede search by Mk City of Aspay Comfy of P/rkh,State of clouds auneya to ateten nine owma M*,r to d/scoror easements Hens byy these presents/o/d ou!and platted the r other ancMe ftcss of record and no Ube canmltment was sane into•Fiat Amended Plot of Lot 14 Black Q fie Moore `y prodded of Me line of M/s enrroy, Fan#y P/mned Un/t Deis' Found distabed _ fie CRy of Aapan, Count P/bYh,�Stat�f Comavda � -_,` 7hh property k avb�bct to aeppaarnt easements for 41.619 rotor ez/st/wq ut#/t/ea. Executed this n,.y of ZWO � / f 1000' - fi/a property b subrBct to the hilowhg Unfted States Patents 3074' fff___lll 10'Utq/fy Eosem_en!_ regadh9 are ex6aet/m: fie' Book 54 Page 9,Book 5$Page 20,Body 54 Page 34 and Rabart Bowden � S897019W Bolt 5$Pops 191. 27.88' / Q\_Cp _ I /19.69 - file propety h sub bct to o tkoh Found _ F /'� It Is absobed h Art/de N4 7 f1 of easement� Moatr Mat Dec/avflm ofbCorovaof; rehar a�d S8970291 �\ C aditkwa and Restr/ctions for None Fan#y PUD rwcaded as Recep6an Notary Pub/Ic Carimcale: red ti� 872 V T \ Na 420464 This pr Pally k dso erbkct to other artlelm desovbed h said docu nwL State of CdOrvdo aOS� -0��g0 \4 C"o, - fib praperfy k subrbct to an Easement Agreement recce bed May 74 2002 br RsogoUm Na 4674.IM County of P/tkh \7- - fib property Is subject to resaluamg reserwt/o;rostr/aUan; comonts and hsUumeot was admow/edged before me Mi. / \Q m\ay easements of record r h place or as shown on Me abow mevUoed plat m"Y of 2010 by Robert Bowden. - Due to snow rover of Me Mne Of Mk swWY some knpromments may not be shown. \\ Patio - �a�• �a\ The un/t of measurement far this surrey is Me U.S Surrey Foot Wfoess my hind and of8dd aed �g �\ - fie dote of Mk surrey was,hrnuay,2010 Ny commLxefan elykas 51.X6' Notary Public ' CD?7Ih7G 7F 6F n7L£ In John Snort 6 and Pane/a&net/a fix and door \ / � ° Srrnrycra Cerfi6cote: .o r 53i 4 Jeffrey Allen 7ut6% do hereby state that/an a regbtared Laid fie mdersJgned o orb/y auMa/zed representative of Pitkh Comfy oo nai6 r .y SLrroyr/Icensad under Me laws of Me Sfate of Cdaodq 776%ha,A t/6e#nswonce agent ccrrggmm/zed ,9 Lot 1/ that Mb plat b a buq caract and complete plot of'Xkat Amended Plot of and ouMarhed to ark business h Celorado undr Me Lot 1Q,BlocP Q fie Moan Fan#y P/mned Unit Deidopment � UUe hsuronce code of Cddoadq Doss hereby certfil Mot Area to be remorod Iron A Plowed AmmunR}!as/old ou4 platted aid shown hare, Mat such ff6e to Lot 14 Block Q fie Moore Fan&Pfmned Unit Development Fx/sthg Bu#dhg Envelope plat was made from an accurate m#WY of sold property by me and A Plowed Community Pa6a O / 1 'Zp'S 'W 1,544 So Ft +/- under my wpo-Nskw h JmuarK 2010 and correctly shows J Me/ocatlona and dknena/ana of Me kt%easements and streets of add ehoem on Mb p/o4 meted h Robert Bowden,Le free od des \ one IfH/ 5'y Z of ad/lens, taxes and encumbrances except as fellows: subdNk/an os Me some are staked upon Me ground h arnpl/ance w/M Me regu/ar/ma of Me Clty of Aspen and Me State of Cdaoda In mb7ass Merwof,l hero set m hand and sed Olt_ CerU6ed Mb-----Day a AD.20fa Area to be added to day of 201a y o/ ` Amended Bu#1kg Enroope PRh Cm my 776%/or 45"S¢Fr. 601 East Hopkins / Asper, Ca 81611 `w�R.;:S �,�j Jeffrey A//en ruffle P.LS��)8T8 By, Lot 19 \ %5, o t 18 Negb/e reds ks6e and Ti6e Exanhor P erg. o.816 ,4ores f/ Community Deidapmen!Engkee-'a Approid • 35,515 Sg. Ft f/— fi/s'Fist Amended Plat of Lot 14 block C.i fie Moore Fan#y i� MYcina el flap Plowed Un/t Deve/apmen4 A Moaned community"roar roNewed and Found 0 reba and /� 50- » s approved by Me Cammunity Derobpment Engher of Me aty of Aspen #leg°le rod plwtk�cW Scale: 1 =1000 o1 mb• dvY of 2ofa Ead^ ail X11 h0 �t �` Community DeiWopment En hear � O 9 i �.- 903 def-b 0�•) Awmman/ty Deidooment Diector's 4Woj%V 'Q r ' R' file'Fiat Amended Plat of Lot 1 Block Q The Moore Fom#y f 010 `4O mde�Umd D*ml�eny4 A P/mned CammunIV was and Oeg/b/edn tea cap 10.00' Development t�a�aM of the fi/s A7Y of 207a GRAPHIC SCALE Adle Ann Mbod%Dkector i i (A#8T) 1 tope no ft 1 Acceptance for Recadhgr 7hb plate k aceepted tr Ahg h Me oh9ce of Me am*and Recorder of P/"AwnN Cdorodq of_OCoda_M �-} on Me sky of 2010 as Receptkn Na Clerk and Recorder BY. .u,.tic. Deputy i „a ,• TbrFTLJ'SIlRffYfNG SJRI FICXS �w r y,r m w„e,.,,e.e,,,me.rtar�,•r h 727 Bloke Avenue 531 1 0 ore I�r2 ve =r F.,�,,.,',:r A,,,. Glenwood Springs, Co%coda 81601 Alt „�, (970) 928-9708 (FAX 947-9007) �'z rs t 11 m e rz de d Plat QO""br. AS �.w s a,v a,mimic«.,we,,ne.,,. Jeff®tss—us.cam Aspen, Colorado 816'11 � .311012010 OF