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HomeMy WebLinkAboutLand Use Case.130 Pitkin Mesa Dr.A057-01 r-.. CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY n A057-01 2735-013-05007 Lot 12. Block 1. Pitkin Mesa DRAC & BOA Variances Lot 12. Block 1. Pitkin Mesa James Lindt/Sarah Oates DRAC. BOA Variances Roaet & Andre Kuhn 9/27/01 Variance for 4' on both 10/1/01 J. Lindt r"'\ t} r--" LAND USE ApPLICATION ~ PROJECT: Name: R. OGET ,KWHN /!NO II NOr<.c K(.f Hf\J Location: P iT toe iN 11\/\ e- S' A Dr<... 8 LOC.K 1/ LoT /;;2 (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: Rober ItIVO IINOlCc KuHN Address: '303 Y-:2 E. tV) CAt'" S1 I Aspen, CO J' U / ( Phone #: ("7~o) s'lLf - "36 :18' REPRESENTATIVE: Name: ROGer KVlHN Address: 30"3 Y2. C, efV'l c,,'v, .s"+. As Pen) (0 81 b I ( Phone #: (~7-0 ) S '-J L( - '3 b "28 . TYPE OF ApPLICATION: (please check all that apply): o o o o o o Conditional Use D Conceptual PUD D Conceptual Historic Devt. Special Review 0 Final PUD (& PUD Amendment) D Final Historic Development Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. GMQS Allotment D Final SPA (& SPA Amendment) 0 Historic Demolition GMQS Exemption D Subdivision D Historic Designation ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hall~ Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split D Temporary Use D Other: Lot Line Adjustment 0 Tex1!Map Amendment o o EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) DIAp (ex. blA"Ii ;V") "'P~"""()I<' 1<1':t I. :2, loeJ,ooV'Y\ \ e...o."cir, stde oF- o\.V1 [ex. C"vIU)J<r\-i~" \'5 slvd,<:I'1'1 1_(' 5;d~ - f0tc~l / , I 0\.+" PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ^ie-V\! DVlf?J€X "";ft,, (2ut[ h0~emen+ ",,,d Z;CIlra.~'7-es. AD(j'j I Y7 fy. S ern enT Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application . FEES DUE: $ .1""'"'\ r-\ ~ ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspenlPitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed montWy based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. 1"'""'\ tj\, ASPEN/PITKIN COMMUNlrY DEVELOPMENT 2001 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT Major Minor Staff Approvals Flat Fee 12 6 2,405.00 1,205.00 500.00 Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation 500.00 1205.00 2405.00 2405.00 Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor Hourly Rate FLAT FEE 280.00 70.00 345.00 180.00 345.00 180.00 345.00 180.00 205.00 /*".: r\" ',.,,', " .,' ASPENiPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 12..0 ie-t 0\11)0\ A ~re ~~n (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for PITk~V'\ c/V\e.S"l Dr., 13 fe>e:K \ I Lo+ \:2... (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a 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 full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings 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 $ 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$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director By: t<O'je-r tZ<-thn 5/IS/Oj I I" "'-"'-'" n~~. Date: Mailing Address: 30'3 1'?- \5. Pr-speV1, f'v\c.;n ~t. Co 016 II g:\support\forms\agrpayas.doc 1/10/01 !"'""'\ ~" ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: P,tk;n Me$> "\ Applicant: 1<...<><:Jet- GV'IJ lD,V'1cAlrE' Location: P'T(;<\V\ I!V\Q.Sc." Dr. Zone District: j <.:-{ S Lot Size: 0.7>5 :::T.:l. ' Ii ef-e t Lot Area: I '5' I '3 4 '1. S Gl. ~ t- . (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the higb water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) K-V\VlIf'\ b \ ode 1. I L 0 + { l. Q a ~t~ Proposed % of demolition (Historic properties only): Existing: Existing: Existing: Proposed: Proposed: Proposed: CsJ" d-- -t- ;Z AOu 'S C; +- ~ AOU'..s Commercial net leasable: Number of residential units: Number of bedrooms: DIMENSIONS: Floor Area: Existing: 'J. 0 ';) S- Allowable: l-J, O=1f.5" Proposed: 318'9--(, Principal bldg. height: Existing: I '-1 I Allowable: 3 ;;(' Proposed: .20' Access. bldg. height: Existing: <P Allowable: Proposed: On-Site parking: Existing: a Required: '-I Proposed: LfjtJ<ra<je. 'l" a % Site coverage: Existing: 13% Required: Proposed: 15.~'70 % Open Space: Existing: '8 6 '10 Required: Proposed: -=t-O ~ Front Setback: Existing: 40+ Required: 15 Proposed: /5+- Rear Setback: Existing: :20+ Required: 10 Proposed: /0+ Combined F /R: Existing: b 0 +- Required: ;)S Proposed: ?'3;+ Side Setback: Existing: g. If ' Required: !D Proposed: 5 Side Setback: Existing: fI' Required: /0 Proposed: 5 Combined Sides: Existing: ~ 0 Required: :20 Proposed: 10 " Existing non-conformities or encroachments: e ^ IS +1 ";1 clv.p \ €x h 0\ S c<:" e.+- \::;)qck Y'\on- CQI"\t::orVV'l'(+ie.s Variations requested: CD 4. 5. 6. 7. 1'"'\, rl ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. 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. 2. The street address and legal description of the parcel on which development is proposed to occur. A disclosure of ownership 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. An 8 1/2" x II" vicinity map locating the subject parcel within the City of Aspen. 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. (This requirement, or any part thereof, may be waived by the Community Development Department ifthe project is determined not to warrant a survey document.) A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 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. , Roget Kuhn can act as my representative and is authorized to act on my behalf. //...IA_GJ.J /J . Signature: vvrlVVll<.---- ~ Andre N. Kuhn r"~ Attachment 3 #1 1. Roget and Andre Kuhn 303 'l2 E. Main Street Aspen, CO 81611 970-544-3628 2. Street address: 0130 and 0140 Pitkin Mesa Drive Aspen, CO 81611 Legal description: Pitkin Mesa Lot 1, Block 12 .-. \ -j Date: S/iZ/OI . JUN..b:,999 9:21AM K of's\ ~z ~ ~ THIS DEED, made this 11 day of JUNE Q. 0 1999, beCween KENDRA LEIGH STITT IRREVOCABLE TRUST DATED AUGUST 2, 1993, KENDRA LEIGH STITT, HAROLD L. STITT AND AUSTINE N. STITT, TRUSTEE OF THE COUNTY OF, STATE OF (.) '~ GRANTEE ~~. \ .~ whose legal address is POBOX 8016 ~~ ,ztS . ,ASPEN, CO 81612 ~o Pitkin (f) - COUNTY OF ~ STATE OF COLORADO ~Q. WITNESSETH, That for and in consideration of the sum of ten dollars ~~ and ocher good and valuable consideration, che receipt and sUfficiency of o ~conveyed, and by these presents does grant, bargain, sell and convey and ~confirm unCo the grantee, his heirs and assigns forever, all the real roperey togeeher with improvements, if any, sieuaee and lying and being in ~~ the CounCy of PITKIN, State of COLORADO, described as follows: '~~ r- LOT 12, BLOCK I, PITKIN MESA SUBDIVISION, together with the ~ exclusive right to use the South apartment contained in the _ building situated hereon as defined a.nd d",,,.c:dbedi~the '1.' Declaration of Restrictions recorded in Book 344 aC Page 741. PiTKL~ CO~\TY r-", : ! i L: ,Iv. i, L' r. d J.t 4-.) 50 (i WARRANTY DEED - 11111111111111II111111111I1111I1111111111I1111111111111 432636 06/25/1999 02:35P WD D~VIS SILVI 1 of !5 R 26.00 D 42.50 N 0.00 PITKIN COUNTY CO l- r! TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining. and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title,intereat, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. en en en - -. on .... -. c.a "'" CIO ..... ==- ..... ..... ~ ..... "'" = c::> ..... I- <E "'" a: -' u:J~ ('t)CIO u:JeJ N~ ('t)~ o:t~ TO HAVE AND TO HOLD ehe said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And ehe Grantor, for himself. his heirs and assigns, does covenant, ~ranC, bargain, and agree to and with the Grantee, his heirs and assigns, that a~ the time of the ensealing delivery of the presents. he is well seized of the premises above conveyed, has good, sUre. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former,and other grants, bargains, sales, liens, Caxes, assessments, encumbrances and restrictions of whatever kind or naeure soever, except those matters as set forth on Exhibit. nAil attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER D~FEND the above bargained ------premises in the quiet and peaceable possession of the graneee, his heirs and assigns, against all and every person or persons lawfully claiming Che whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of ~ender sha applic~e t?__all ~ ~ It ~ KENDRA ~~RREVOC LE TRUST ,- 1"'"\ " ',' r'\ RETURN TO: CHASE MANHATTAN MORTGAGE CORPORATION 1500 N 19TH STREET MONROE LA 71201 ATTENTION: CHASE MANHATTAN MORT~AGP.CriRP6~~TiON ~Xbovc Thrs line UK<! J!or Recadi", l5&ii1 DEED OF TRUST 27400519 1274005197 THIS DEED OF TRUST ("Security Instrument") is made on among the grantor is ROGET 0 KUHN, June 9, 1999 the Public Trustee of PITKIN County ("Trustee"), and the beneficiary, CHASE MANHATTAN MORTGAGE CORPORATION under the laws of the State of New Jersey 343 THORNALL STREET Borrower owes Lender the principal sum of Seventy-Five Thousand, and 00/100 DoUars (U.S. $ 75,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrumeot ("Note'), which provides for monthly payments, with the fuU debt, if not paid earlier, due and payable on Ju 1 y 1, 2029 " This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Fol' this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the foUowing described property located in . PITKIN County, Colorado: ("Borrower'). , and whose address is EDISON, NJ 08837 , which is organized and existing ("Lender"). r IS LOT 12, BLOCK 1, PITKIN MESA SUBDIVISION, together with the'exclusive right to use the South apartment contained in the building situated hereon as defined and described in the Declaration of Restrictions recorded in Book 344 at Page 741. '1 ~ ,\ U k which has the address of 0130 PITKIN MESA DRIVE, ASPEN, CO 81611 ('Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereat'ter a part of the property. All replacements and additions shall also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfuUy seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend COLORADO.SINGLE FAMILY-FNMA1FHLMCUNIFORM INSTRUMENT C-OSOS (JI'TT) Pao' t 01 S (Replaces 11196) FOI'TIl300691<;iO , "'J' l0 fb '"1 - ~ Cl- f'"";, WARRANTY DEED d..p L/-Z50 THIS DEED, made this ~~ day of JUNE ~999, between ELIZABETH WILES STITT IRREVOCABLE TRUST DATED DECEMBER 23, 1994, HAROLD L. STITT AND AUSTINE N. STITT, TRUSTEE OF THE COUNTY OF PITKIN, STATE OF CO GRANTOR, AND ANDRE N. KUHN GRANTEE whose legal address is :'t>. C . bD"C A~p~''''''' COUNTY OF 71 ~ "', STATE OF CD WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted,bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: '2,0[6 C-D ~lbla. LOT ~2, BLOCK ~, PITKIN MESA SUBDIVISION, together with the exclusive right to use the North apartment contained in the building situated hereon as defined and described in the Declaration of Restrictions recorded in Book 344 at Page 74~. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit !lA" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all ge ers. zf~.-L./ STATE OF COUNTY OF COLORADO PITKIN ss. The foregoing instrument was acknowledged before me ~9 99 ,by ELIZABETH WILES STITT IRREVOCABLEtJUST HAROLD L. STITT AND AUSTINE N. STITT, TRUSTEE WITNESS my hand and official seal my commission expires: Not this r I day 'of JUNE D~ED~E9EMBER A,2,~:;.,~~~,4 ~.~ .:...:.~.:t~ Public ,.,..... ....: l-!} ~' ... HO'^',,.. , ~ ;' : *' J . . :I ',. l"'" flU8U(''' ':0;' ~ l..~~:.. ....'J.:' ",>",.~":"...c,,,...~ '<t., 0," CO\.:, . "', . .lat s. H1gens/NOtary Public My Commission axpIres 4122/2002 601 East Hopkins Aapen,CoIorlilldo 81611 ,....- f'"l f", .' ": . J EXHIBIT II All 1. Taxes for the year 1999 not yet due or payable. 2, 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 Patent recorded in Book 55 at Page 5. 3. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for pitkin Mesa Subdivision recorded December 22, 1965 in Book 217 at Page 508, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 17, 1965 in Plat Book 3 at Page 58. 7. Easements, rights of way and all matters as disclosed on Plat of subject property recorded March 30,. 1971 in Plat Book 4 at Page 190. Easements, rights of way and all matters as disclosed on plat of subject property recorded April 12, 1971 in Plat Book 4 at Page 191. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 12, 1977 in Plat Book 5 at Page 77. 5. 6. 8. Easement and right of way as set forth in Easement Relocation Agreement recorded March 29, 1971 in Book 254 at Page 364. 9. Terms, conditions, provisions and obligations as set forth in Improvements Agreement recorded January 21, 1977 in Book 323 at Page 636. 10. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 76, Series of 1976 by Aspen City Council recorded April 12, 1977 in Book 327 at Page 223. 11, Agreement for Annexation of Real Property dated March 23, 1977 and recorded April 12, 1977 in Book 327 at Page 228. 12. Terms, conditions, provisions and obligations as set forth in instrument recorded March 14, 1978 in Book 344 at Page 739. 13. Terms, conditions, provisions and obligations as set forth in instrument recorded March 14, 1978 in Book 344 at Page 741, and amended in Book 349 at Page 971, and Addendum thereto recorded in Book 350 at Page 371. 14. Easement and right of way Dedication as set forth in instrument recorded November 12, 1992 in Book 694 at Pages 336, 338, 340 and 342, Book 695 at Page 68, 70, 72 and 232, instrument recorded December 8, 1993 in Book 734 at Page 154, instrument recorded December 14, 1994 in Book 741 at Pages 692 and 694 and instrument recorded March 14, 1993 in Book 712 at Page 201. 15. Encroachments, easements, rights of way and all matters as disclosed on Survey of subject property prepared by Aspen Survey Engineers, Inc. Job No. 29133. / o<J <S" "t - 1- ~ ry SPECIAL WARRANTY DEED df -6- () THIS DEED. Made this 11 of JUNE, 1999 between ANDRE N. KUHN of the County of and State of of the first part. Grantor and ROGET D. KUHN whose legal address is: P. O. Box 8016 Aspen CO, 81612 of the County of Pitkin State of ~O of the second part, Grantee WITNESSETH. That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand ,paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged/has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: Condominium Unit 5AB, Building 5, THE INNS OF COURT CONDOMINIUM NUMBER 5-6, according to the Condominium Map thereof recorded in Plat Book 4 at Page 305 and according to the Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium Ownership recorded August 4, 1972 in Book 265 at Page 635 as Reception No. 153108 and re-recorded August 17, 1972 in Book 266 at Page 05 as Reception No. 153351 and the Declaration for the Inns of Court Condominium Number 5-6 recorded November 13, 1972 in Book 268 at Page 721 as Reception No. 155239. 1111111111I11111111111111I111111111111IIII11I1111111111 432638 0612511999 02:38P SPEC WD DRVIS $ILVI 1 of 1 R 6.00 D 0.00 N 0.00 PITKIN COUNTY CO Together with all and singular the hereditaments and appurtenances there- unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, titlet interest, claim and demand whatsoeyer, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. ' And the said parties of the first part for themselves, their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties ha~<~~ year ANDRE N. KUHN of, the first part have hereunto set their first above written. STATE OF 0. c. to V C\. 01'. D) COUNTY OF ?~.V" } ss. The foregoing instrument 19qq by: ANDRE N. KUHN. 1\ day of J~ was acknowledged before me this s. ~ WITNESS my hand and official seal my commission expires: N tary Public Jat S. Hlgens/NOtaJy Public Mi Commission expires 4/22/2002 601 East Hopkins Aspen, Colorado 81611 . 1""'\ 1""'\ \.. .../ RETURN TO: CHASE MANHATTAN MORTGAGE CORPORATION 1500 N 19TH STREET MONROE LA 71201 ATTENTION: CHASE MANHATTAN MO~<}.a.%li~);>~rSiMJ;t.<;?r DEED OF TRUST 27400509 1274005095 THIS DEED OF TRUST ("Security Instrument') is made on among the grantor is ANDRE N KUHN, June 9, 1999 the Public Trustee of PITKIN County ("Trustee"), and the beneficiary, CHASE MANHATTAN MORTGAGE CORPORATION under the laws of the State of New Jersey 343 THORNALL STREET r Borrower owes Lender the principal sum of ) Seventy-Five Thousand, and 00/100 Dollars (U.S. $ 75,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ) ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due arid payable on July 1, 2029 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein , created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in PITKIN County, Colorado: ("Borrower"). , and whose address is EDISON, NJ 08837 , which is organized and existing ("Lender"). LOT 12. BLOCK I, PITKIN MESA SUBDIVISION. together with the exclusive right to use the North apartment contained in the building situated hereon as defined and described in the Declaration of Restrictions recorded in Book 344 at Page 741. which has the address of 0140 PITKIN MESA DRIVE, ASPEN, CO 81611 ('Property Address "); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurteoances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to In this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend COLORADO.SINGLE FAMILY -FNMAIFHLMC UNIFORM INSTRUMENT c.()sos r1/97) Page 1 of S (Rcplacca 11196) F'lI"ID30069J9Q 18~ Aspen Street Maps ..-. 'lwestaex.coi. 'j ~20~~~~/1! W11iteRly," N<ltil1n.' Fo_ () ,....;,j,..{,., ~/. "~.// ./ ;''':',:;'f< ,", ";":'// '. ;" ". ~.:~.: / ',;'F'.-" '" / i-';':"'.(;.:>:-l' , ";;'i,/ I .:'::::/l Z~i t!./ f .... ../,/ ,. ...~.......~~. ./ /~ ! ..... ..~...~ " .,~' M1iteRJww ......, '- Map CoPyright C 2000 Owest '-~'-'-~~"""""'~""'''-''''''''.''-'' ~~=:~~;f ,L WlrIMRinrN.tiIHlll11'onlJt Downtowr Aspen ~...'~'" .. 1/4 $cBfein mifes (Highlighted area is enlarged on inset above.) ;f .j j:' ., , ~ ~ ~ ~ ------------......... -----'\ , , , ----" '" '" ~ ~ " . ~--- -,i'-';" {,i;:,;:~t;<'~"i^ ,. I t"\ '1 Attachment 3 #7 1. The grant of variance is the only reasonable method to afford, the applicant relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build a 4-foot roof and light wells by allowing a 5-foot side setback variance instead of the normal 1 0- foot side setback. There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, less than two years ago, the applicant's next-door neighbor to the North, Judith Schramm, received the same 5-foot side setback variances that the applicant is trying to obtain. Mrs. Schramm, like the applicant, has the same hardship of having a good deal of her property dropping off drastically and therefore unusable. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some ofthe applicant's neighbors share the same hardships. 2. The grant of variance is the only reasonable method to afford the applicant, relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build garages that would entail receiving a secondary mass variance. There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, less than two years ago the applicant's next-door neighbor to the North, Judith Schramm, received the same secondary mass variance that the applicant is trying to obtain. Mrs. Schramm, like us, has the same hardship of having a good deal of her property dropping off drastically and therefore unusable. Also, the majority neighbors in the Pitkin subdivision do not meet this variance (please see photos). The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. 3. The grant of variance is the only reasonable method to afford the applicant, relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build a 5-foot deck towards Cemetery Lane that would entail receiving a front yard one-story element variance. 1"""'\ t"'l There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, many of the applicant's neighbor's homes, like the applicarlt;s, are not noticeable at all from Cemetery Lane. Also, as the applicant's pictures indicate, many of the neighbors are not in compliance with the front yard one story element. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. 4. The grant of variance would be fair because four of the applicant's neighbors on Pitkin Mesa Drive have 2-car garage doors already (please see photos). There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. Therefore, you should allow the applicant to install two 2-car garage doors opposed to 4 single garage doors. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. r'\ ~ :/ ATTACHMENT 4 Specific Submission Contents DRAC All applications for the Design Review Appeal Committee shall include the following: (t\ Neighborhood block plan at I "=50' (available from City Engineering ~./ Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). 2. Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. 3. All building elevations at 1/8" = I' -0. 4. Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Mass" standard. (5"> Photographic panorama. Show elevations of all buildings on both sides of the V block, including present condition of the subject property. Label photos and mount on a presentation board 6. A written explanation of the requested variance and an explanation of why a variance would be appropriate, with respect to the standards provided in Attachment 5, and the provision of any offsetting design features which may mitigate impacts of the design variance. 1"""\ rJ ATTACHMENT 5 Review Standards: Design Review Appeal Committee The following standards shall be used by the Design Review Appeal Committee when considering granting a variance from the "Residential Design Standards." Please explain, in writing, how your project meets one of the following: A The proposed design yields greater compliance with the goals of the Aspen area Community Plan (AACP); or, B. The proposed design more effectively addresses the issue or problem a given standard or provision responds to; or, C. The proposed design is clearly necessary for reasons of fairness related to unusual site specific constraints. 1"'"'\ ("') Attachment 4 #6 and Attachment 5 C. The proposed design is clearly necessary for reasons of fairness related to unusual site-specific constraints. 1. The grant of variance is the only reasonable method to afford, the applicant relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build a 4-foot roof and light wells by allowing a 5-foot side setback variance instead of the normallO-foot side setback. There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, less than two years ago, the applicant's next-door neighbor to the North, Judith Schramm, received the same 5-foot side setback variances that the applicant is trying to obtain. Mrs. Schramm, like the applicant, has the same hardship of having a good deal of her property dropping off drastically and therefore unusable. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms ofthis title. Unfortunately, some of the applicant's neighbors share the same hardships. .sece>vtdc<V')( M~s C. The proposed design is clearly necessary for reasons of fairness related to unusual site-specific constraints. 2. The grant of variance is the only reasonable method to afford the applicant, relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build garages that would entail receiving a secondary mass variance. There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, less than two years ago the applicant's next-door neighbor to the North, Judith Schramm, received the same secondary mass variance that the applicant is trying to obtain. Mrs. Schramm, like us, has the same hardship of having a good deal of her property dropping off drastically and therefore unusable. Also, the majority neighbors in the Pitkin subdivision do not meet this variance (please see photos). The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. t"""\ f'"'l 6i1t~ ::;fOv1Y G 1-eIA"1evJ- c. The proposed design is clearly necessary for reasons of fairness related to unusual site-specific constraints. 3. The grant of variance is the only reasonable method to afford the applicant, relief of hardship due to the drastic drop-off of the East of the property, which is unusable to the applicant. Also, the property is narrow for a duplex. Therefore, you should allow the applicant to build a 5-foot deck towards Cemetery Lane that would entail receiving a front yard one-story element variance. There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. For example, many of the applicant's neighbor's homes, like the applicant's, are not noticeable at all from Cemetery Lane. Also, as the applicant's pictures indicate, many of the neighbors are not in compliance with the front yard one story element. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. 2. Cc.. \I'. &0-. rtJ.Q)e. Do 0 If' C. The proposed design is clearly necessary for reasons of fairness related to unusual site-specific constraints. 4. The grant of variance would be fair because four ofthe applicant's neighbors on Pitkin Mesa Drive have 2-car garage doors already (please see photos). There are special conditions and circumstances, which are unique to the applicant's parcel as well as some of their neighbors. Therefore, you should allow the applicant to install two 2-car garage doors opposed to 4 single garage doors. The applicant doesn't think granting this privilege is denied by the Aspen area community plan and the terms of this title. Unfortunately, some of the applicant's neighbors share the same hardships. ,...., f'"1 Attachment 6 One Step Commission or Council Development Review Procedure 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy. This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the Commission or Council review will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incorporates the referral comments. The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application. The requirements for notice of your application are provided in Attachment 7. 5. Commission or Council Review of Development Application. Your project will be presented to the Commission or Council at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public, and an action on the staff recommendation, unless additional information is requested by the review body. r: (") Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staffhas determined that your application is eligible for the requested amendment or exemption. 6. Receipt of Building Permit. Once you have received fmal approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Reg1.llations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. I stepsumm f", .f', ':;'1 ATTACHMENT 7 Public Hearing Notice Requirements 1bree forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table I, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. I. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: I. Any federal agency, state, county or municipal govemment service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. I""'>; -^"""".0"."","~' r"' ':""'* TABLE 1 SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC BY WHOM FORM OF HEARING NOTICEl REQUIRED? CONDITIONAL USE REVIEW Y P&Z 2,3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain N View Plane, Hallam Lake Bluff) GMQS ALLOTMENT Y GMC 1,2,3 GMQS EXEMPTIOW Y ByGMC 1 By Council GMC.I Council. 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2,3 Final Development N Minor Development N Historic Demolition Y HPC 1,2,3 Historic Designation Y HPC, P&Z & HPC - 1,2,3 Council3 P&Z - 1,2,3 Council- 1,2,3 Historic Lot Split Y HPC 1,2,3 MAP AMENDMENTS Y P&Z& P&Z - 1,2,3 Council3 Council - 1,2,3 PUD - CONCEPTUAL Y Council' 1,2,3 PUD - FINAL (and PUD Amendment) Y P&Z 1,2,3 SPA - CONCEPTUAL Y Council' 1,2,3 SPA - FINAL (and SPA Amendment) Y P&Z 1,2,3 SUBDMSION Y P&Z& P&Z.I,2,3 Council3 Council- 1,2,3 SUBDIVISION EXEMPTIONS Condominiumization N Lot Split Y Council 1,2,3 Lot Line Adjustment N SPECIAL REVIEW N ADU Design Standrads Y P&Z 2,3 TEXT AlVIENDMENTS Y P&Z& P&Z-I Council3 Council- 1 TEMPORARY USES Y Council4 1,2,3 VESTED PROPERTY RIGHTS Y CounciP 1,2,3 I Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 Public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing.