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HomeMy WebLinkAboutLand Use Case.600 N 3rd St.0037.2006.ASLU -- ..J City of Aspen Community Development Dept. CASE NUMBER 0037.2006.ASLU PARCEL 10 NUMBER 2735-12-4-02-002 PROJECT ADDRESS 600 N THIRD ST PLANNER JESSICA GARROW CASE DESCRIPTION RESIDENTIAL DESIGN STANDARD VARIANCE - REMODEL OF R REPRESENTATIVE ROWLAND BROUGHTON 544-9006 DATE OF FINAL ACTION 7/26/2006 12:( CLOSED BY Denise Driscoll -...,....----... ^.-........-"' - - DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Rosina Lee Yue. P.O. Box 17147. Snowmass Village. CO 81615 Property Owner's Name, Mailing Address and telephone number Block 102. Lot 10 of the Hallam Addition. located at 600 N. 3'" St. Legal Description and Street Address of Subject Property The aoolicant has received Residential Design Guidelines variance aooroval from the main entry porch and lil!ht well standards to remodel the single familv house located at 600 N. 3'" S1.. Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Citv of Asoen. Community Develooment Deoartment. Administrative Aooroval for land use aoorovals associated with and necessary for the remodeling olan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Julv 17. 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) Julv 18. 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) c ......... , .J Issued this 17th day of July, 2006, by the City of Aspen Community DeCMWrt[:or. Chris Bendon, Community Development Director c -'"". -'- ~.f-t PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Block 102, Lot 10 of the Hallam Addition, located at 600 N. 3'd St, by Administrative Variances on July 17, 2006. The Applicant received approval of Residential Design Standard variances from the main entry porch and light well standards. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on July 23, 2006 .... :) r MEMORANDUM TO: Chris Bendon, Community Development Director THRU: Joyce Allgaier, Deputy Director FROM: Jessica Garrow, Planner I RE: 600 N. Third St. Residential Design Standards Parcel Number: 2735-124-02-002 DATE: July 17, 2006 SUMMARY: Rowland & Broughton Architecture and Urban Design, represented by Sarah Broughton, has applied for a variance to the Residential Design Standards to remodel an existing single family home at 600 N. Third St. The proposed plans are attached as Exhibit "B". Specifically, the requested variances include the following: I. Street Oriented Entrance (26.410.040 D I b) 2. Light Wells (26.410.040 D4) ApPLICANT: Rowland & Broughton Architecture and Urban Design, on behalf of Rosina Lee Yue LOCATION: 600 N. Third St. ZONING: R-6, Medium Density REVIEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny a variance request from the residential design standards pursuant to Land Use Code Section 26.410.020(D), Variances. STAFF COMMENTS: The proposed remodel is of a built and approved home on a comer lot. The existing structure includes two light wells, one on each street facing fayade. The structure was built and approved with these non-conforming light wells. The applicant proposes reducing the size of these light wells to lessen their now non-conforming nature, and requests a variance from the Light Well Residential Design Standard (26.410.040 D4). Due to the constraints placed on the lot by the existing building, and the attempt to better conform to the surrounding homes, Staff believes this variance should be granted. r .'.... .-" The applicant also requests a variance for Entry Porch length. The current structure includes an main entrance that does not face either street, and instead faces the intersection of North Street and N. Third Street. To meet the building orientation requirements of the Residential Design Standards, the applicant proposes relocating the entrance to face the longest block, Third Street, and including an entry porch. The entry porch is proposed to project two (2) feet two (2) inches in length from the front fayade. This is the maximum length allowed by the lot without encroaching into the setback. An eave encroachment of eighteen (18) inches is permitted in the yard setback (26.575.040 AI). Staff finds this eave projection necessary to increase the overall length of the entry porch, assiting the applicant to attain greater compliance. Even with this additional length, the entry porch will be less than the six (6) foot minimum length, and still requires a variance. Staff finds this variance to be necessary for reasons of fairness related to site-specific constraints and neighborhood character. RECOMMENDATION: Staff finds that this application meets the applicable review standards for granting a variance from the building orientation residential design standard and recommends that the Community Development Director approve this variance request with the following conditions: I. The eave line for the front entry door extend eighteen (18) inches into the yard setback, as is permitted by Section 26.575.040 Al of the Land Use Code. 2 r ...... ."""\ ""'" ApPROVAL: I hereby approve a variance request, with conditions, from the Entry Door Porch requirement and the Light Well requirement to allow for the remodeling of the single family home at 600 N. Third Street, as represented on the plans attached hereto as Exhibit "B". ~w1 Dl'~ ~ ~~ date3:1l~/O)o ~ Chris endon, Com ity Development Director ATTACHMENTS: Exhibit A -. Review Criteria and Staff Findings Exhibit B -- Architectural Plans and Neighborhood Conditions 3 r \.. .") "-,,,/ EXHIBIT A: REVIEW CRITERIA & STAFF FINDINGS The Planning and Zoning Commission may grant variances from the Residential Design Standards if the proposed application meets the following: a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the boardfeels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The following are Staffs findings in regards to the variances being requested by the Applicant. Variance Requested Entrv Porch. (26.410.040 Dlb) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, S"8 ' -.... :. ',' 'C' . . . . . ..-' Staff Finding: The residence is located on a comer lot, at the comers of North Street and N. 3rd Street. The existing structure includes a front porch element that meets the dimensional requirements, but faces the comer of the streets. The majority of homes in the area have a street oriented entrance, not a comer oriented entry. The proposed remodel moves the entry to North 3rd Street, the longest block the house fronts on, as required by the Residential Design Standards (26.4 I 0.040 D I b). Staff finds that by relocating the entryway, the house better fits with the existing character ofthe area, including its neighbor on N. 3 rd Street. The lot set backs do not enable the entry porch to meet the dimensional requirements. The proposed porch is two (2) feet two (2) inches in length, three (3) feet ten (10) inches I r \",~ '" -....,"< shorter than the required minimum of six (6) feet. The proposed length is the maximum the porch can be without encroaching into the setback. Given the neighborhood context, Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: The proposed porch is the maximum length allowed by the lot, without encroaching into the set backs. The applicant makes a good faith effort to ensure the house conforms with the Residential Design Standards, but given the existing site conditions, including the required set backs, the house cannot meet this section of the standards. Staff finds the application meets this criterion. Variance Requested Lil!ht wells. (26.410.040 D4) All areaways, light wells and/or stairwells on the street facing facade(s) of a building shall be entirely recessed behind the frontmost wall of the building. I~DJ- j T L "-- No Street a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, Staff Finding: The existing home was built and approved to include two light wells, one on each street facing fayade, that encroach into the set backs and are forward of the street facing fayades. The applicant proposes reducing the non-conforming nature of the light wells, by reducing their size from approximately five (5) feet to approximately three (3) feet six (6) inches on N. 3rd Street, and from approximately seven (7) feet to approximately four (4) feet six (6) inches on North Street. This reduction in the light wells will ensure the home better fits with the other homes in the neighborhood. Staff finds this criterion to be met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: The light wells on the existing home are non-conforming, as they extend into the set backs and are forward of the street facing fayades. The proposed changes will lessen the degree 2 r' -'''"" , to which the home encroaches on the set backs, as will reduce the non-conforming nature of the structure. Staff finds that due to existing site conditions, this criterion is met. 3 " "1 ..~ . THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: 7Il3f06 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0037.2006.ASLU, 600 North Third Street and 2737-142-02-002, respectively. I will be handling this case. D 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: I. 2. 3. 4. 5. 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. 1&1 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 429-2780 if you have any questions. J C:\Documents and Settings\jessicagIMy Documents\Yue.Lies Residence\CompletenessLetter _ 600N_ Third.doc r" -""-,..,,., Section 18: Vested Property Ril~hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 600 N. 3rd St., City and Townsite of Aspen, by Administrative Variances of the Aspen Community Development Director. I""'. '--./ :) Q Cl.-:': ::: 'lI I,r. ::~ ~ "Q ~ <1) r'J 'lI-' ::; Rowland + Broughton Architecture is representing the homeowner's at 600 N.3nl Street in seeking a Residential Design Standards Variance. ~"'~ ~"'o ~...o ~"""<D o!2:n ~" 0 -~o ""'" a.2i~ 'h.. 0: =:- c_" ",,,,,, "'~- og~ ~ - n '"c..l>> 0".. 3~'" < " -" ~ 0;; 0 =00 o '" "",- 000> ~"'- oo~ ~'" i>> _ ~- c.", <D 0"0'" ~"'o o. in c",.. "'0.. ",,,,. -' <D o~o ~"'o c-,.....(J) 0'" 3. _ ;:;'" 0'" "'? .", "'.. 0.. "'. .'" ~.. "'... 0:'" rowland+broughton srchitecture and urban design 05 July 2006 Mr. James Lindt City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: Yue I Lies Residence - Residential Design Standards Variance Dear James, The existing residence was built in the year 1989. The new owners of the property are planning a remodel of the property including all interiors and 40% of the exterior surfaces. The footprint and the majority of the exterior of the residence will remain the same. We are seeking a variance for two conditions: 1. The existing residence entry faces the corner of N. 3nl Street and North Street. We are relocating the entry to N. 3nl Street to comply with the guidelines which state that the entry shall be on the longest street facing side of a corner lot. The new entry will be located within the existing footprint, which is currently only 2'-2" from the setback. Due to this condition, the 6'-0" depth requirement for an entry porch element cannot be achieved while remaining true to the setback. The attached drawings show a 2'-2" deep entry porch element that complies with our setbacks. The applicant would welcome the full 6'-0" depth entry porch if a variance could be sought for encroaching into the setback. 2. The existing residence has large light wells on both street facing facades of the corner lot that encroach into the setbacks. We plan to reduce the size of the light wells to lessen the non-conforming condition. The review standards relevant to this application are the Residential Design Standards part of the land use code Title 26 Aspen municipal code, Chapter 26.410. Specifically for our variance application, the following items apply: 26.410.040.D.1b - Street oriented entrances and principal windows - A covered entry porch offifty or more square feet, with a minimum depth of six feet, shall be part of the front fayade. Entry porches and canopies shall not be more than one story in height. The main entry to the residence is proposed to be relocated to clearly face the front of the house on North 3nl Street. The existing buildings location does not allow for the required 6'-0" depth of the entry porch element due to the setbacks. The canopy of the porch element would be -2'-2" deep in order to avoid encroachment into the setback. 1 of 2 r- \.. o 26.410.040.0.4 - Light wells - all areaways, light wells, and/or stairwells on the street facing far;ade(s) of a building shall be entirely recessed behind the front most wall of the building. The existing light wells are proposed to be reduced in size which would therefore lessen the non- conforming conditions of encroaching into the setback and having light wells in non-conforming locations. 26.410.020. Procedures for Review 26.410.020.C - Appeal of Adverse determination / 26.410.020.D.1b - Variances Administrative Variances: The applicant may seek an administrative variance for not more than (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variance, if granted, would: a. Provide an appropriate design or pattem of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons or faimess related to unusual site-specific constraints. The Community Development Director shall provide the Planning and Zoning Commission an annual report of approved administrative variances. This application for variance of the residential Design Standards falls back onto 26.410.020.C.b. In both cases we are dealing with existing no~nforming conditions, we would like to minimize the non-conformity by reducing the size of the light wells and relocating the entry to the real front facade. We welcome any conversation or questions regarding this application. Thank you, ~~ arah Broughton, AlA Cc: Rosina Lee Vue 20f2 I"I~;)IUII CIIILIIoIUUllay.:: ICL a ::>>C:...llaylC la"IU-= tilisez Ie gabarit 516040 o.LTEMUS ELIZABETH A 320 N 3RD ST ~SPEN. CO 81611 3LOCK FAMILY TRUST l11WNORTHST ~SPEN, CO 81611 ::URTIS JAMES L 300 E HYMAN AVE ~SPEN. CO 81611 JODGE LARRY 0 & SARA P L1V TRUST ~O BOX 2029 ~NCHO SANTA FE, CA 92067 "PSTEIN ROBERT A & SUSAN 3000 PLAZA ON THE LAKE STE 180 'l.USTIN, TX 78746 HOOK BRADLEY K & PAMELA 0 782C N KALAHEO KAILUA. HI 96734 <IENAST CHRISTIE A ~06 W SMUGGLER ST 'l.SPEN.CO 81611 LEYDECKER SUZANNE LYNNE 710 N THIRD ST UNIT A 'l.SPEN, CO 81611 LUNDY VICTOR ALFRED TRSTE 701 MULBERRY LN BELLAIRE, TX 77401 MOLLER MARC & SHELAH 4701 GROSVENOR AVE RIVERDALE. NY 10471 r:;;;;;;\ o - __....avICI'....VlIt 1-800-GO-AVERY ASPEN CENTER FOR ENVIRONMENTAL STUDIES 100 PUPPY SMITH ST ASPEN. CO 81611 CONOVER CATHRINE M 2715 M STREET NW STE 300 WASHINGTON. DC 20007 OW RINGSBY ENTERPRISES LLC 1123 AURARIA PKWY # 200 DENVER. CO 80204 DURAND LOYAL III DR & BERNICE BLACK 4314 FAWN CT RT 1 CROSS PLAINS. WI 53528 GREENBERG ASPEN LP 50% #3 BRENTMOOR ST LOUIS, MO 63105 HUNT ELLEN 12.8066% PO BOX 8770 ASPEN. CO 81612 KREPACK HOWARD & VIVIAN TRUSTEES 50% 9034 BURROUGHS RD LOS ANGELES. CA 90046-1405 LUBAR SHELDON B & MARIANNE S 700 N WATER ST#12oo MILWAUKEE. WI 53202-4206 MARSHALL RONNIE 320 LAKE AVE ASPEN, CO 81611 MUSTANG HOLDINGS LLC C/O WAYNE HENRY 1601 ELM ST STE 4000 DALLAS, TX 75201 AH3AV-Q9-lIOlN ~ AVeRY"" 5160'" o BELL 26 LLC PO BOX 1860 BENTONVILLE, AR 72712 CRAIG CAROL G PO BOX 18 WOODY CREEK. CO 81656 DAGGS JAMES K & ELLEN G 715 W MAIN ST STE 101 ASPEN. CO 81611-1659 EFH HOLDINGS LP PO BOX 8770 ASPEN, CO 81612 GREENBERG RONALD K TRUSTEE 50% 3540 WASHINGTON ST LOUIS, MO 63103 KELLNER GEORGE A KELLNER MARTHA B 117 E 78TH ST NEW YORK. NY 10021 LAND TRUST C/O NAMAYA8045 LEESBURG PIKE #600 VIENNA, VA 22182 LUNDGREN DONNA PO BOX 6700 SNOWMASS VILLAGE. CO 81615 MIDDLETON RANDALL TRUST 600 JEFFERSON STE #350 HOUSTON, TX 77002 NITZE WILLIAM A 153728TH ST NW WASHINGTON. DC 20007 ..09~5 UV1dWll ".I.laAV asn 11....c;:~'''''"1 gll"""''''''''llg~'C" 'C"I. Q ~'ICI~'C" Ig....U'C" 'tilisez Ie gabarit 5160" NORTH 4TH STREET ASSOC C/O MIKE CONVISOR PO BOX I I ASPEN, CO 81612 PETERSON JAMES D & HENSLEY R PO BOX 1714 ASPEN, CO 81612 RAPPAPORT KURT & JULIETTE TRUSTEES 50% 9034 BURROUGHS RD LOS ANGELES, CA 90046-1405 STUNDA STEVEN R 602 N 4TH ST A.sPEN. CO 81611-1212 r:;;;;;\ c - __....g"co,y.,,""..1 1-800-GO-AVERV OAK LODGE LLC 87.1934% C/O WILLIAM 0 HUNT PO BOX 7951 ASPEN, CO 81612 PHELPS MASON 4885 S 900 E STE 240 SALT LAKE CITY. UT 84117 RICHARDS ANN K 1537 28TH ST NW WASHINGTON, DC 20007 THALBERG KATHARINE 434 W SMUGGLER ST ASPEN. CO 81611 AlI;JAY-Q9-OOlI-L ~ AVI:RY<B> 5160'" o PERROS DIMITRI & DIANE 79 LOCUST RD WINNETKA, IL 60093 PINES DAVID & ARONELLE S TRST PO BOX 576 TESUQUE, NM 87574 SMUGGLER INVESTMENTS LLC 6120 S YALE #813 TULSA. OK 74136 YUE ROSINA LEE PO BOX 17147 SNOW MASS VILLAGE. CO 81615 ...ogLl; U'd1dIl\lU ..NaAY asn f'" o CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 429-2763 DATE: 6/28/06 600 N. Third Street Sarah Broughton Residential Design Standards Variance The residence at 600 N. Third Street has an entry door that faces the comer and not one of the adjacent streets. The Applicant would like to move the entry door such that it faces one of the adjacent streets. However, in doing so the front entry porch will not be able to be six (6) feet in depth because of the setbacks. Therefore, a variance from this standard is required to move the entry door. The existing residence also has large lightwells in front of the front fayade of the residence on both street facing facades. The applicant would like to alter the Iightwells to make them smaller. In order to alter the non-conforming lightwells, a variance is required from the residential design standards. Land Use Code Section(s) 26.410.040 Residential Design Standards Review by: Staff for complete application, Community Development Director for review, unless the application is determined to require review by the Planning and Zoning Commission. No, unless the Community Development Director requires the application to be reviewed by the Planning and Zoning Commission. Planning Deposit $695 $695 for 3 brs. of staff time ( $225 per additional hour of staff time used) Public Hearing: Planning Fees: Total Deposit: To apply, submit the following information: I. Total Deposit for review of application. 2. City of Aspen Land Use Application Form. 3. Completed Dimensional Requirements Form. 4. 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. 5. Signed Fee Agreement 6. An 8 112" by II" vicinity map locating the parcel within the City of Aspen. 7. Pre-application Conference Summary. 8. A site improvement survey that includes all existing and proposed natural and man-made site features. 9. A detailed site plan and elevations of the existing and proposed development. 10. A written description of the proposal and a written explanation of how a proposed development complies with the applicable residential design standard variance review criteria. 11. Photo Panorama of Neighboring Properties to show context. 12. A copy of the recorded documents that affect the proposed development. 13. Proof of ownership. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12 ;1.Copies of the complete application packet (items 2-13). t"" o Process: Apply. Case Planner reviews application for completeness. Case Planner subsequently takes the application to the weekly staff meeting to establish a staff recommendation and process. If determination is made that the application can be administratively reviewed a decision notice will be drafted and issued. 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 mayor may not be accurate. The summary does not create a legal or vested right. '" :) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A2I'eement for Pavment of CItv " Aloen Develoament Aoollcation Fees CITY OF ASPEN (hereinafter CITY) and fZ{>~>!li"c L {. {' rUe.- (hereinafter APPLlCANTI AGREE AS FOLLOWS: 1. APPLlCA,~1.'has ~1;itted to_CITY an application for I~~[ It ., d1 " "(-7' (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees thai 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 ascenain 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 pennit 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 furthe! agree thaI it is imptacticable 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 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 pri1. \0. a. detennination of appli<;!'tion completeness. APPLICANT shall pay an initial deposit in the amount of $ "I .l. ) 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 $220.00 per planner hour ovet 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 wil1 building pennits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT C~r1s Beadoa Community DevelopmeBt Director By: :(;)111L [C[. Yt..i.L Date: :J-/,-:'5! 0 (- By: BIU To MaWng Address and Telephone Number: /) F(Stf}C: i . _ L ( ( {(:( (. { 7 {1::; {' (). f;J J&~ ( g:\supportlformslagrpayos.doc 02101106 . . /' ('''' ~\~l(vtlbC'!\) ~ i.fii. tV c \J. " X/(- (,:) ~~FORPER~AUEHTRECORD ,- :) ATTACHMENT 2-LAND USE APPLICATION ApPLICANT: Name: Location: REPRESENTATIVE: I'~ Address: Phone #: ~~~ ;z:= *<~.' A~ CO NG// I=~' Address: Phone #: TYPE OF APPLICATION: (please check all that apply): =~~~I/~ . . .....-., ".., -'l/Ii// D Conditional Use D Conceptual PUD D Coneeptual Historic Dcvt. D Special Review D Final pun (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allolment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane IR Lot Split D Temporary Use ~ Other: $lf~ Lot Line Adiustment n T ext/Man Amendment ~cP'ItoaD uses, revious royals, etc. ~ ('ftfltJOy .a..1"~ 1./ / :a._/17IrAl:" .AN,') ~ .c;.,n_ . uses modifications, etc. ~ t-xT ~u~~ Have you attached the following? ~ Pre-Application Conference Summary 8 Attachment # I, Signed Fcc Agreement I8l Response to Attachment #3, Dimensional Requirements Foun ~ Response to Attachment #4, Subminal Requirements- Including Written Responses to Review Standards AIl plans that are larger than 8.S" x 11" must be folded and a Doppy disk with an electronic copy of all written text (Mierosoft Word Fonnat) must be submitted as part oflhe applIcation. FEES DUE: S t5f'5 RETAIH FOR PERMAl+ENT RECORD ,,-. :) ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: \I.IZ:" /~n::;, . Jlt'tb.rA /- A"Jl'J AI' '7lV.E"\ 1C6 ..~~ {Iv o,.S~ dT (for the purposes of calculating Floor Area, Lot Arca 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.) ',..r~ ~ \4'~ ~ ,.,., T Commercial net leasable: Number of residential units: Number of bedrooms: Existing: KA Existing: I Existing: q Proposed: Proposed: Proposed: HA- I ~ Proposed % of demolition (Historic properties only): AM DIMENSIONS: Floor Area: Existing: <!J/7llJlFAllowable: c1"~.w Proposed: ,1.?.?..~ d~ Principal hldg. height: Existing: ~!.,,~ Allowable: .2f'-n" Proposed: .3'~/O'" Access. bldg. height: Existing: KA Allowable: NA Proposed: A/:II On-Site parking: Existing: LJ Required:.N' A Proposed: 2- % Site coverage: Existing: NA Required: /VA Proposed:_Al"'_ % Open Space: Existing: ft"A Required: AM Proposed: 4(A Front Setback: Existing: I.L:'\" Required: J()' Proposed: 12~ '7# Rear Setback: Existing: .JIfI'- 2.. Required: It') , Proposed: ~ ~ Combined FIR: Existing: .NA Required: oNA Proposed: NA Side Setback: Existing: h!.Uf Required: 0' Proposed:AbrA~.. Side Setback: Existing: 8'-6'" Required: <5' Proposed: ""'CAIa.~ Combined Sides: Existing: /II'-b# Required: _Yo 15' Proposed:A'I!)~ Distance Between Exisring N~ Required: KA Proposed:~ Buildings Existing non-conformities or encroachments: (?j r~) .o>>1'J"Wt"',. ./NlVT ~_n , ... .. ~w ~ ~I'l .seTe./1cJC5, e ,.,........., """"-"0 Zf1rr1Cf IOII:W AI;KIT ~ -.--> 6<.0' .-.P. Variations requested: (!) /.M1Mr4~~ s::..1~ ~".vr N (~.- .L/14NT~/ kr~t') 7D~/-D. n~~ ~ .....-...:~..,..~..,. A(:h'-hJ./ZI\IlIW'Ac.I"~ 6tf; ~ f!) ~~IJ~~. 12UIn:v Q-' <II'7&' (!Q;(J Ae1T "4/l0l,,l ~ G!o~ ~ ~ R:IfI'II ()lie ':t:>,a,y~ ~ 1J!!Gr(/IlB'....--ro. 7NE ~ ftJ<<:N VIti. BE! .2. '-2. dliif;P .AN,;) c/PtY tJlPilCle 7#e ~ lOrE. Jul 04 06 10:49p Bert A. '.-;es, Jr .Jut U'" Uti U~: ;:SIDp KOalJ.anG' ......oucn'&on "speon 5059894379 ~"U;)"'~"'f~ p.l 1'" , ~ 5 July 2006 Re: ResidentiaI Design Stl......a. Variance - 600 N. 3"" Street Applicant: Rosina Lee Vue PO Box 17147 SnowmassVUIage. CO 81615 (970) 923.6142 ph (970) 923_8143 fax Repres .B..~"': RcMtand + Broughton An:hiIec:tuIe _d Urban Design 100 E. Copper Ave. #3 Aspen. CO 81611 (970) 544.llOO6 ph (970) 544.3473 fllX I, Rosina Lee Yue, owner of 600 N. 3"" Street auIhorize Rowland + Broughton An:hiIBcba'e and Urban Design to ad as my ~ in the Residenlial Design Standards V.iatlCe wilhin the City of Aspen. Signed. rz.~ l.t.e. i~ Rosina Lee Vue A ~, '''. I I Creek ,.-fIlM ...."r'! ,,- .)>0 ~t. I?~-?,., ~ "'^' ~.o~ "" L'o. ~ '1/1-, '(I' oII~... B II W ~ \ ~ ,. c N ~'...' VICINITY MAP - 600 NORTH 3RD STREET . o 0; , ~ c o i5 . 'E-Q)a ~ ~ ~'R ID~ ro::l(l) g.~ti~a o ~ '0 i;'.... c: oBC:EO~ a~~~~~ g l! @ l! E Q) 1:: C) n Q) Q. 9:~g~:t ~';;'a! ~8 6 g'-8 I- Gl~ ;;5e~~1: lil ~ 0 B o.g> .~ i s ~ ~ l!!- :ii:.c8 't:I Q) III c: ,,5 ~ 8- eoe-8 .~ 'H; Awl'" -"- ". ,,",' f3i ~.>. .~ ij:f! ~-_ ~ ,. . " " .~ " ~ o MAK, L.LVVO q:lbnVI 0It\'l"~: 11ILt If~ . c.,...,._._-..,-~~ ~- -- -r';' ,- i~ I... 1 American Land Title Associatioll Coramitffi~n'l- 1982 ! I '- ~ R 1 ~~==",_"",~,~~.....NU. ILUJ""=r, . .." L---~-.-I I~ r-stewart" L.._ trtle guaranty company ., " I " I' ~ ~ n TiTLE INSURANCE COMMITMENT BY Order Number: 44624A We agree tp issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the R.equirem~nts shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then pur obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-II, The Conditipns on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its cprporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Scbedttle A. Ist~! Sf4l#fd~J1K; Countersigned: ~- ~~ . - . -- Authorized Countersignature Stewart Tille of Colorado, Inc, - A:lllen Division 620 East Hopkins Avenue ASpen, CO 81611 (970) 925-3577 L Order Numbcr; 44624A Pa e 1 of2 ConuniUllOllt- 235 W/O Di,elcs"", MAK, "L, "LVVD_ ~: lul'IVI ~lt"~1 I j ILt A~rtN ~.......~"...\ ...",.."..-~ -_.~:;::::-..:;::::..c~NU, I "LUjo;<-'r. j~ /"". -'.:'- '.;.j :j ,J , ~', ' "1, I 'j, 11 i~ l" i I I CONDlTlONS 1. DEFINTflOrlS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title - according to the state statutes where your land is located. :Z. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability tp you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances e)(isting at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B tp show these defccts, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATIONOFIJABILlTY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to YOllf actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I. or Elimmate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A ofthis Commitment and our liability is subject to the terms of tile Policy form to be issued to you, 5. cLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether 01. not based on negligence, which you may have against us concerning the title to the land mllst be based on this Commitment Order Number: 44624A Page 2 of2 Comlllilnlelll- 23 5 W/O Disclo.ure ~I 0'1 1 l N " ~ 'I 'I I MM, 'L. 'LVVb 4: I ti~M NU, lLUj ~. 4 ~lt'"'1 I j ILt A~~tN Cl. ,"~n:'lVljj;fH J<uR TITLE INSURA.N - '.' , SCHEDULE A .::) Effective Date: February 24, 2006 at 7:30 a.m. Order Number: 44624A 2. Policy or Policies To Be Issued: (X) AL T A (1992) Owner's Policy ( ) Standard (X) Extended Amount: Premium: $4,555,000,00 $7,174.00 Proposed Insured: Rosina Lee Yue ( ) ALTA 1992 Loan Policy ( ) Standard ( ) Extended Amount: Premium: 3. The estate or interest ill the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Dee Investments Limited Partnership, a Nevada limited partnership 5. The land referred to in this Commitment is described as follows. Lot 10 and the West one.halfofLot 11, Block 102, Hallam's Addition to the City and Townsite of Aspen. Less and except the Northwest portion of Lot 10, more fully described as follows: Beginning at the Northwest comer of said Lot 10; thence S. 75009'11" E. 29.65 feet along the Northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. County of Pitkin, State of Colorado. Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Examiner Name: Chuck Darn Reissue Rate Tax Certificate Fonn 110.1 (Owners) $ 20.00 $ 150.00 IVIM. L. LVVO q: IOnYl ~Itv""'l IJILt A~rtl~ !"'..... SCHEDULE B - Section 1 o NU. liUj r. J REQUIREMENTS Order Number: 44624A The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors 01' mortgagors of the full consideration for the estate or intercst to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Release of Deed ofTrust Dated: April 23, 1998, Executed by: Harald Dude, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $200,000.00, in favor of: Purr and Cohen P .A., Recorded: August 19,1998 as Reception No.: 420918. 2. Release of Deed ofTnlSt Dated: June 27, 2003, Executed by: Harald Dude, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $500,000.00, in favor of: Wells Fargo Bank, N.A., Recorded: July 8, 2003 as Reception No.: 485073. 3. Certificate of Limited Partnership issued by the Secretary of State in which sElid Certificate is filed, or Certificate of Good Standing issued by the Secretary of State of Colorado, identifying Dee Investments Limited Partnership, a Nevada lin1i.ted partnership, as a limited partnership in good standing. AND Trade Name Affidavit disclosing the names of the general partners and other information required by '73 CRS 7-71-101. NOTE: If any general partners are themselves partnerships, trusts or corporations, additional documentation for said entities will be required. 4. A. Certificate of non-foreign stat1lS, duly executed by the seHeres), pursuant to Section 1445 of the Internal. Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. "'M, L, LVVO ~: lorlVI ~lt~"~I",,'1ILt H~rtlv NU, I1'U5 ~,6 NOTE: Section 1445 ofn{~-mternal Revenue Code requires withL.Q of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident. Detailed information and Fonns are available from Stewart Title. 5. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (I) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990), 6. Deed from vested owner, vesting fee simple title in David Lester. 7. Deed from David Lester, vesting fee simple title in Rosina Lee Yue. 8. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. 9. Improvement Survey of the subject property, completed in the last six months approved by Stewart Title of Aspen, Inc., this survey is to be retained in the files of Stewart Title of Aspen, Inc. and Stewart Title of Aspen, Inc. reserves the right to add further requirements and/or exceptions to this conunitment upon receipt of said survey. IVIM, L. LVVD <;: IOrIV' ~ltP"'1 I liLt A~rtN (", " . SCHEDULE B - Section 2 o NU,lm 1, I EXCEPTIONS Order Number: 44624A 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: I. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 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. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and 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 2. 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VlI requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed" Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and IVIM. .L.LVVO q:lmvl ~lt~"'1 IllLt A~rtI\ NU I'JV' , (_. " L J r, Ii is responsible for recordinl"fhe legal documents from the transa~.o exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said tenns, conditions and exclusions, will be made available upon request. IVIM, L. LVVO q: IHIVI olt~"" I I JILt Aortl~ C) ..../ DISCLOSURES o NU. I LUj ~, ~ Pursuant to C.R.S. 10-11-122, notice is hereby given thaI: A. The subject real property may be located in a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Infonnation regarding Special Districts and the boundaries of such districts may be obtained from thc Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of hlsurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, Inc. - Aspen Divisipn conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No.4 of Schedule B, Section 2 of the COIl1lll.ltment foml the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or tpwnhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property 1.0 be purchased, within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor, payment of the appropriate premium; fully ex.ecuted Indemnity agreements satisfactpry to the company; and, any additional requirements as may be necessary after an examination of the aforesaid infonnation by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: 44624A firewall fitleofColorl\.dQ, Inc. -Aspen l)jvision Disclosures .MRK,.L.LVVD 4:lmVI ~lt'"'1 IjlLt R~rtN ,.... '. NU. ILUj r, IU o PRlV ACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-BJiley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, frpm sharing nonpublic personal information about you with a nonaffiliated third party wlless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons pr entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado. Inc. - Aspen Division and Stewart Title Guaranly Company We may collect nonpublic personal information about you from tbe following sources: . Information we receive from you, such as on applications or other forms. . Iuformation about your transactions we secure from our files, or from our affiliates or others. . Infonnation we receive from a consumer reporting agency. . Infonnatiol1 that we receive from others involved in your transaction, sllch as the real estate agent or lender, Unless it is specifically stated otherwise in an amended Privacy Policy Notice. no additional nonpublic personal infonnation will be collected about you. We may disclose any of the above information that we collect about our customers or fonner customers to our affiliates or to nonaffiliated third parties as pennitted by law. We also may disclose this information about our customers or fonner customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: . Financial service providers such as companies engaged ill banking, consumer finance, securities and insurance. . Non-fmancial companies such as envelope stoffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMA nON ABOUT YOU WITH ANYONE FOR ANY PURPOSE THATlS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Y011f nonpubJic personal information. File Number: 44624A SlcW8Il '/'ille of Colorado. Inc. . Aspen Divi,ion Privacy Policy Notice i..... -~ 1 ,.! -f(.(i\~ ;~\iE E. . , , stewar't . [,' I,., 1,~-J:-rli')j "f ::)j!i; J-;--jr~ On!;;:!' Number; -~.~.L<'_-: \Ve agree to issue poli~y to you according to the term; of the: Conunit.ment. \lv'hen We shuv," the polIcy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-Il. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be bereunto affixed by its duly authorized officers on the date shown in Schedule A. stewart ,,'''1 , ",',,,, ~ 1\' ,', p,~, .. ~, ,,..-, rt~~~)-~'!f-f ,(;:... ... .... :/ (,O.PO"of~~ ""':~ -*- ~:.( ,"~'... 1908 ig '\ ;:... .*. ..'~ ~ ~#~d~t1~ :ountersigned: ~~~---- -.::---- :.=;,""" ------- ".1 -::'\ I~' ',1 C 01_11tl.:tc;1I!n.:c~C:;'1.; ;)~WaI1 Title of Colorado, Ioe. - Aspen Division 20 East Hopkins A venue ,'pen. CO 81611 ~70) 925-3577 Order Number: 44624 Pa e 1 0[2 Commitment - 235 W/O Di5closur~ ,......m;:;:,:::L=-.~.........".,.. '~'-'~~"""""""'r......~-...,..".,_~,.."........-,.~....,...,....." , II )i ~ ~I ~i ~ ~ ~, Ii ~ I ~"'i":--- -ri r,' PIT I."-,:p- !;'~;"\: I I 12d "I'dong("tg::' m~a;.l':, lJ."10Hgag,;. d;;-.;-d of' UL1st (.}" (.tl1-::r s~':'l!ri(:, in~;[rllnl'::r!;; (tlj "Pllbll:~ F'"':-'J','.:\: n:Jt~'n.: (itk fcc:clrd.:: [hal fi\',,:' ("f)'t!Sl:l1JC;i-;'.,'-'; riAi,>::, (.f rn~~tt-::r:::, ane,.:-ti1tt' \.)lL' rid.: ~ ("lc-cordl,n:; t.:' l;2~ st?k 3tatme3 v'ho:t:: YOlF l:-nd i: b-;ji:i:~, '. i'!i ili ~j! i:1 tl! " LATEn DEFr:C1~. ;,1 Tilt E\ccpc!ons in Schc::duL:' B - S,;(;(ion II rnay b.-~ amcl1ck:d t(. shv.'v an:: ddtc.c,S, I i-~u::, O~ encumbrances that appear tor thc first timc in the public records or are created or attached betw,"cn the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. j 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Conunitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMIT A TlON OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section 1. or Eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence. which you may have against us concerning the title to the land must be based on this Commitment Order Number: 44624 Pao-e 2 of2 Commiunent - 235 W/O Disclosure I: =~"'"""""""""'......'--""""""'~~" =, ~,(;,.., "<'fj ,-' f!'{)L " 'Hfi " ~ ~. i\l~,-'r c.~ -;'-;:;-. /'- ; , , ( c-~ \; _ I ~. t'(lli_ :-'...nJCll,;I!_.: ,J ,l :::~[,n(td".: { \ J E Prerniuu: 5~~(i.Oi~, F'! ('IY:_!:;:.-d I n~:tl [liv'i',i Lt,rc'r ! l,"\..LT I \I'~;- I-"~IL!-: I Sr~ll1d[lr([ I i EXk'n(k~l i-\.tTlot!n~: Premium: c>. The estate or interest in the land described or refened to in this Commitment and covered herein is: Fee Simple .:1. Title to the estate or interest in said land is at the effective date hereof vested in: Dee Investments Limited Partnership, a Nevada limited partnership ::>. The land referred to in this Commitment is described as follows. See "Exhibit A" attached hereto Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Examiner Name: Chuck Dom Reissue Rate Tax Certificate Fonn lIO.1 (Owners) $ 20.00 $ 150.00 r '-. L\ Hi Bt'} ". '; ,. .::) ,',-' ~ .'-_.!":'-T !> ': i" t"L1:;; ;\. ..:.\(:,:.! ",;,' I !L ".1. ;!f' -f ('I\-U\i(i~ -,.-' Le3::: and eXt~cpr th~ r,';)lth\ve5.t pClrtlc.u ofLi)t 10. Inort, full:' cl~.<Tib::d 8S f()ll,,)\',:~:: B:~ginning Zit th:- N'clrtlr\:;,,::3l cUnitr of said Lo~ 1!;: tb'':iL:- S. 75(,(1(1') 1 p E. 29.65 fe.;\ aklng th~,' (]~Jl-[b;rh'lln': s.:tid LUt Hi; thc'';iL'c: \\'t~'L:: .f)(: fe~T t(1 f f<'tfr (!n rL-:- \\ est I irk' (1I'3?id L,,:!: lt1, th;:nc.; lJI){"ch 7.6fl f::-.;t 8.long tJ-n: \-;, e3t lin~ of s~ji(l Lot 10 tel th:, P(lll1[ (,f b.c;grnning County of Pitkin. Slate of Coiorado. r--. fL':. {J ~_ 1. ,S,~..- :-kr I"" F' ;- [ r: l-- (~((~0" I""~ u mbE-J" ThE" f(llltf\\ing" art tiF: re{;uirl2rn'2nts h.~ hi:' {,.[HnpHt"ti vfitit~ !(Ii:'O) (a) P,lYiHtnr f(, or [(H th~' aC(,~}tmt vf th,~ grantors o~. Inc1rtg:Jg{lr:: uf rlH" fun cOllSiden.tiofi fr,r thE' testatt or inter0;o,t ti, 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: I. Release of Deed of Trust Dated: April 23, 1998, Executed by: Harald Dude, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $200,000.00, in favor of: Furr and Cohen P.A.. Recorded: August 19, 1998 as Reception No.: 420918. 2. Release of Deed of Trust Dated: June 27, 2003, Executed by: Harald Dude, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $500,000.00, in favor of: Wells Fargo Bank, N.A., Recorded: July 8, 2003 as Reception No.: 485073. 3. Certificate of Limited Partnership issued by the Secretary of State in which said Certificate is filed, or Certificate of Good Standing issued by the Secretary of State of Colorado, identifying Dee Investments Limited Partnership, a Nevada limited partnership, as a limited partnership in good standing. AND Trade Name Affidavit disclosing the names of the general partners and other information required by '73 CRS 7-71 -101. NOTE: If any general partners are themselves partnerships, trusts or corporations, additional documentation for said entities will be required. 4. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to Colorado House Bill 92-1270. "-;1 F - ~'f; 1_1 ;. r- .'""","-,jJ I r,:- _' :1-'- I r':'=i .,,;;1,1' ,0,., ",',"'- ,-. _._ -I - '. 1:,._;":' ,1=',',. ) ~ - "-".1-;' -: ::~ _~ _ L :', . " -~ '-- . -, - j jI: ~~,! ;~, [I . l:i!-r._<~~; ~i' i [.>';', -':1, Ti E,,-idc!K~c s3tisfLctor~,' t(, Stey;,r(!n T itl,:, Ollsranty C(trl1p;m~._'. hllTlished by the ~Jffl'.>:- of rh ':- Direc!:ur (lfFinanc>:-, (it, of ~';'Si.)etL thaT th.~' f(d!:)\'/inQ t8.~':es h~;\i6 be.-;n n2-id" or th?i: . . - ~ ~ -',- -,-..~ r'- '.::~-...F'; '-I~f'(ll~- ~.-jdt~~.,,;.<. C~ll1vt:}d.n,-,c' L e..",~Y{[_, r_.J! Ld ___u_'. (11 Th.:- "\Vhtet:r P_:-:::d Esc[k~ T('~ll1sf:-~' T~c" pUf3lwnr t(. Ordii'l:lti'>~ 1':(1 20 (S:-ri::-::, J (!~;~ and (2) The "Hollsing Real Estate Transkr Ta," pursuant te, Ordinance Nc.. 13 I Serib e,f 1990). 6. Deed from vested owner, vesting fee simple title in purchaser(s). 7. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. 8. Improvement Survey of the subject property, completed in the last six months approved by Stewart Title of Aspen, Inc., this survey is to be retained in the files of Stewart Title of Aspen, Inc. and Stewart Title of Aspen, Inc. reserves the right to add further requirements and/or exceptions to this commitment upon receipt of said survey. r.. I"'" - I; ~': if'-, ( f ':'. r i'G;:'i -!"~-ltnl The p(,li~/ or poli~ifS to [of j,sHed will contain e\CeptivIi", (C' tbe foll[J,.,in;: unless HUe Sfun, ~d't: dbp[I~;ed of (;) Hk s~lrLr~!{'iiclil of the C(}ni~j.-tllY- t. f'jght:. 01 cl:Jln13 (If partiG~' in p05sessic1rL hor Sll()\.\,'H b.,"- elL:' publj,~ records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 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 ofrecord for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and 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 2. 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March I, 1897 in Book 139 at Page 216 as Reception No. 60156. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity condncts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and 'j:"l j"J 1 ,.-.., , ':-:L r;,::: \':":;I~";i"I', J' .. ijl," (I ,.c' .' j j I' )' It.. 1 ['_,',': :!_: r, i -:;' ~~ ~ i.. i_' \':' '; :It:; _ , :" ~l "j:' '=-, .~' i!i: i ;~, J: ' L,nl.l !l! th::, .'~\.LT,c:'~ 1 Si:i~ I-',~di:~' f:::'l '(;'2. o~,j:~: ,~;J dl'~ I (i(.' ' re'l(["i F'<:lti.::> J;;I",::L:;~ ~.,=tnnx said tern,!.), conditi(,ns and e~;dtl3i\)n:', y..riH be n13ck R'/ailabl~ up(,n requ.e3L r })1';_:'{'~ j ~1T1 i L' (", ,i l' .1 ':,-,iil Tht ~;;:~lb}~.::'~ rtal1='COptrty nky b-~ k'::2ll':':! iL a Sp-.:e:la] ~[,(,'~in; Di~~L;c~. J. Cerhfic'zl(-: (;fTf!Xe~: du';:~ listin; t~i::~h t::I-.:irigjuri:.di,:tj(oI. ~!<di b,= o:)t~!i[)c~d fi)rrl1 th--::: ((,un!:, -- Tr-:~1::'.irC'1 (,r t!1: CO~Jnt~,- Tr\~';:2-~lt.::r' _~ [jl)dk'riz.-:-.:l ~i?'-::-1i~. Inf(~lrrfJ::--ttiof! rcgard;ll.~ Sptcial Distfict~, ctnd tht bO!Jnd8ri.:-~, (.1' sl!..:'b djst[lct~; mHo. b,:- obwin.c;;j tn.lll\ th,~ f:':',:!I:d c< ((,unt)' Con:unis.sioners. the ((.-unty Cl,:rl: and R.;cordtL (It jh~ County' Ass.;ssor .; ote: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado. Inc. - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction. exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued, Tute: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No.4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. '0 coverage will be given under any circumstances for labor or material for which the insured has contracted for or greed to pay. ':OTHlNG HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY 'F THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY ,ATISFIED. H~ Number: 4462-1 :..:\vari Title ofColorado.llK. - Aspen Division '13closures ~,ge I of 1 r " '1 'L,.'" 1-'JU~\ _ (~ ''t ')\" ~ ~. ~ >~ ~~""".~~',-=.o",=~-"",=",~_""""",_~,"",--="'~____._____,~>-c:: PURPOSE or THIS NOTLT Titl",: V (If th-~ Grarnrn-L::-;:'t.':-.h-Bli ,~.ci" (GLB.~\) geu:-ra1!y P[Oil~I'::li(~: ~m:, tid:JH::.'ia! in3tirU[i'~J(l. d! or thruugll it.) ntTiij~tl~~" t'l\:'lri ~:iLlr!f1.~, Ih>nrJuhlic p~'r'::(!il~i! inf{)nn.;-di'J!l aouUi. }'(It'_ \\ irh (I jk<1L~nl1i~!j;:i third p::nt~i llUkss tIt:- institution pr;:,~,ic!c;~, YCIL! \'/ith " notic~ of its pri\-a:::y p(,lici~~: and pn~cti('c:s, s~l,:'l as the type of infonnation that it collects about YOll and the categories of persons o[ entities to whom it may be disclosed. In compliance with the GLBA. we are providing you with this document. which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. - Aspen Division and Stewart Title Guaranty Company We may collect nonpublic personal information about you from the following sources: . Information we receive from you, such as on applications or other forms. . Infonnation about your transactions we secure from our files, or from our affiliates or others. . Information we receive from a consumer reporting agency. . Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or fOffiler customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: . Financial service providers such as compames engaged in banking, consumer finance, securities and insurance. . Non-financial companies such as envelope stoffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 4462-1 S[~wart Titk ~lfCohmlJ(l. 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