HomeMy WebLinkAboutcoa.lu.sp.10th Mountain Division.A0394
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 01/19/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181 32-020 A03-94
. STAFF MEMBER: Ir~ 'IL /Y1 ~. ,
PROJECT NAME: 10th Mtn./Powder House Condos Final ~MOS Gulnfhn--
Project Address: 1280 ute Avenue ;1.).vv. Pi""
Legal Address: 1280 ute Avenue, Aspen, CO 81611
APPLICANT: 10th Mtn. Division Hut Association
Applicant Address:
REPRESENTATIVE: Sunnv Vann
Representative Address/Phone: 230 E. HOPkins
Aspen, CO 81611
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# APPS RECEIVED
# PLATS RECEIVED
12
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ -0-
$
$
$
$ -0-
TYPE OF APPLICATION: STAFF
P&Z Meeting Date Mart'''' I
4;11
CC Meeting Date ~ ; 4/a. S
APPROVAL:
1 STEP:
2 STEP:X-
PUBLIC HEARING: ~
VESTED RIGHTS: YES
PUBLIC HEARING: ~
VESTED RIGHTS: ~
NO
@
@
NO
DRC Meeting Date
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REFERRALS:
city Attorney X Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. .)(' Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
city Electric Mtn. Bell Open Space Board
Envir.Hlth. . X' ACSD )( Other :$hafs
Zoning Energy Center Other
DATE REFERRED: / ) 2Jt INITIALS: N DUE: ;;.. }; '5'
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___ City Atty ___ city Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space ___ Other:
FILE STATUS AND LOCATION:
368823 8"'74-7
"SIEVIA DAVIS
P-f~ 04-/11/94 01:00p PG
~ITkIN COUNTY CLERK &
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1 1...3
RECORDER
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DOC .
REC
15.00
GRANT OF FISHERMAN'S EASEMENT
TH~ GRANT OF FISHERMAN'S EASEMENT is made and entered into
this~day of February, 1994, by and between POWDER HOUSE
CONDOMINIUM ASSOCIATION, a Colorado Nonprofit Corporation
(hereinafter referred to as "Grantor"), and the CITY OF ASPEN,
COLORADO (hereinafter referred to as "Grantee").
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WIT N E SSE T H:
WHEREAS, Grantor is the association of condominium unit
owners, Powder House Condominiums according to the Condominium
Map thereof, recorded DeCember 14,1993, in Plat Book 33 at page
40 of the office of the Clerk and Recorder of Pitkin County,
Colorado;
WHEREAS, the Powder House Condominiums are situated on Lot
16, Callahan SUbdivision, according to the Plat thereof recorded
in Plat Book 5 at page 7 of said records;
WHEREAS, ordinance No. 13 (Series of 1992) requests that a
fisherman's easement for the Roaring Fork River be granted over a
portion of the above described property;
WHEREAS, Grantor is desirous of granting to Grantee,
pursuant to its power to grant easements over the Common Elements
of the Powder House Condominium property, as such powers are set
forth in Grantor's Articles of Incorporation and the Colorado
Common Interest Ownership Act, a perpetual fisherman's easement
and right-of-way across a portion of said real property as such
portion is described below, under the terms and conditions
hereinafter specified; and
WHEREAS, Grantee is desirous of accepting said fisherman's
easement and right-of-way.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor
hereby dedicates to the use of the general public, for fishing
purposes only, a perpetual, non-exclusive easement and right-of-
way along that portion of the above-described property lying
within the Roaring Fork River and a line which is five (5) feet
(measured horizontally) above the high water line of the Roaring
Fork River. Grantor reserves to itself the right to use and
enjoy the easement area for all purposes which do not interfere
with the public fishing rights dedicated hereby.
THE ABOVE GRANTED FISHERMAN'S EASEMENT and right-of-way is
subject to the following terms, agreements and reservations:
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36882,3
B-.('47 P-183~)411.1/94 01.:00F' F'G 2
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1. The rights and privileges granted by this Easement are
subject to prior agreements, easements, and conveyances recorded,
or unrecorded. Grantor represents that it has no knowledge of
any recorded or unrecorded agreements, easements or conveyances
with respect to such property which would preclude use of the
property for a fisherman's easement as contemplated herein.
2. It is the intention of the parties to make the land
available to the public for recreational purposes without charge,
and to limit the parties' liability to persons entering thereon
for such purposes. In the event that either or both of the
.parties might otherwise be liable under applicable state
statutes, Grantee hereby agrees, to the extent permitted by law,
to indemnify and hold Grantor harmless from and against claims or
awards for loss, damage or any liability including reasonable
attorneys' fees and costs, which may result from Grantee's acts
or omissions covering and including, but not by way of
limitation, installation, excavation, fill, construction,
maintenance, repair, replacement, pUblic use-.-or location of
trails or attendant facilities, as subsequently determined by a
court of competent jurisdiction. Nothing herein shall constitute
a waiver of Grantee's rights as provided in section 24-10-101, et
sea., C.R.S.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing on the day and year above first given.
POWDER HOUSE CONDOMINIUM
ASSOCIATION, a Colorado
Nonprofit Corporation
By: I~ \\~
Mike Otte, President
STATE OF COLORADO
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COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
;1 day of February, 1994, by MikeOtte as President of Powder
House Condominium Association, a Colorado Nonprofit corporation.
witness my hand and official seal.
My Oommlulon expires
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tary publ~
My commission expires:
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The foregoing Grant of Fisherman's Easement is hereby
accepted and approved, for the benefit of the general public this
___ day of February, 1994.
CITY OF ASPEN
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8-747 P-184 04/11/94 01:00P PS 3
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MEJlORUDUK
TO:
Mayor and City
THRU:
Amy Margerum, City
THRU:
Leslie Lamont, senior Planne
FROM:
Mary Lackner, Planner
DATE:
April 25, 1994
RE:
Powder House Condominium (Tenth Mountian Division) Final
SPA Development Plan Amendment, GMQS Exemption, and
Vested Rights- Second Reading of Ordinance 13, 1994
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SUMMARY: The Planning Office recommends approval of the request
for a SPA Development Plan Amendment to vary the front and side
yard setbacks and the minimum lot area requirements of Lot 16 of
the Callahan Subdivision; GMQS exemption for two on-site
affordable dwelling units; and vested rights of this development.
PREVIOUS COURCIL ACTIO.: Ordinance 25, Serie~ 1993 approved an SPA
overlay on Lot 16 of the Callahan SUbdivision. The SPA overlay was
put in place to rectify the non-conforming s~atus of the existing
professional office building located on the parcel. This SPA site
plan identified a portion of the property for future affordable
housing.
BACltGROUllD/PROJBCT DESCRIPTIO.: The applicant, Fredric A. and
Fabienne Benedict, represented by sunny Vann, has submitted the
application so that the Tenth Mountain Trails Association can
construct two fully deed restricted affordable dwelling units on
the property to house their employees. A Category 2 studio and a
category 3 two bedroom unit are voluntarily being provided.
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
section 7-804 (E) (2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
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Please refer to the application text and drawings, Exhibit "A".
The project is located at 1280 ute Avenue, which is also known as
Lot 16 Callahan Subdivision. The lot is zoned RR (rural
residential) with a SPA (specially planned area overlay) and is two
acres in size.
Referral comments from the Aspen Consolidated Sanitation District,
Aspen Fire Protection District, City Engineer, Housing Office,
Parks Department, and Water Department are included as Exhibit "B".
CURRBRT rSSUBS: Staff discussion of the GMQS Exemption review and
SPA Amendment criteria is contained in Exhibit "C". Staff and the
Commission believe that this proposal is consistent with the
requirements of Section 24-8-104 (C) (1) (c) for the provision of
affordable housing and section 24-7-804 (E) (2) for the SPA Amendment
of the Aspen Municipal Code.
Section 24-6-207 dictates the process and ordinance language
requirements for establishing vested rights for three years.
RBCOMIIDfDATrOR: The Planning Commission. and staff recommend
approval of the SPA Amendment and GMQS Exemption for two fully deed
restricted affordable housing units and vested rights subject to
the following conditions:
1.
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A landscaping plan shall be submitted to the Planning Office
and Parks Department for review and approval prior to issuance
of a building permit for the new structure. Any trees over
six inches in diameter require a tree removal permit and
should be detailed on the landscaping plan. Construction
occurring around existing trees should be protected and no
digging in the dripline of the trees is permitted.
The building permit application package shall contain a letter
by a registered engineer that the structure has been designed
to withstand avalanche loads.
Cutting into ,the ute Avenue pavement for utility installation
shall be kept to a minimum.
The applicant shall consult city engineering (920-5080) for
design considerations of development within public right-of-
way, parks department (920-5120) for vegetation species, and
shall obtain permits for any work or development, including
landscaping, within public rights-of-way from city streets
department (920-5130).
5. The building permit plans shall include a detailed drawing of
the trash area, recycle area, utility meters, and other
utility facilities.
3.
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6. The applicant shall sign and record deed restrictions for each
unit, restricting the units as Category 2 for the studio and
category 3 for the two-bedroom, along with the other
conditions listed in the deed restriction. The Housing Office
must have the recorded book and page number prior to the
issuance of any building permits.
7. The applicant shall submit the revised final development plan
which illustrates the specific location of the proposed
structure. The final development plan shall be recorded
within 180 days of this approval.
8. All material representations made by the applicant in the
application and during public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
PROPOSED MOTIOR: "I move to adopt Ordinance 13, 1994 at second
reading approving the Powder House condominium SPA Amendment, GMQS
Exemption for two fully deed restricted affordable housing units,
and vested right approval, subject to the conditions recommended
in the April 25, 1994 Planning Office memorandum."
CITY IlUAGER COKMDITS:
Ordinance 13, 1994
Exhibits:
"A" -
"B" -
Application Packet
Referral Comments (Aspen Consolidated Sanitation
District, Aspen Fire Protection District, City Engineer,
Housing Office, Parks Oepartment, and Water Department)
SPA Amendment and GMQS Exemption criteria
May, 1993 Final SPA Development Plan
Public Notice
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"E" -
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Exhibit A
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VANN ASSOCIATES
Planning Consuitants
January 14, 1994
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: 10th Mountain Division Hut Association/Powder House Condominiums Final
SPA Development Plan Amendment/GMQS Exemption
Dear Kim:
Please consider this letter an application to amend the Final SPA Development Plan
for the Powder House Condominiums (a.k.a., the Benedict office building), which are
located at 1280 Ute Avenue in the City of Aspen, to permit the construction of two
(2) on-site affordable housing units (see Exhibit 1, Pre-Application Conference
Summary, attached hereto). A growth management quota system exemption is also
required for the proposed units. Vested property rights status is requested for all
approvals granted pursuant to this application.
The application is submitted pursuant to Sections 7-804.E.2., 8-104.C.1.c. and 6-207 of
,the Aspen Land Use Regulations by the 10th Mountain Division Hut Association on
behalf of Fredric A and Fabienne Benedict and the Benedict Land and Cattle
Company, the owners of the property (see Exhibit 2, Title Commitment). Permission
for the Hut Association to submit the application on behalf of the Benedict's is at-
tached as Exhibit 3. Permission for Vann Associates to represent the Applicant is
attached as Exhibit 4. A list of owners located within three hundred (300) feet of the
property is attached as Exhibit 5.
Background
On March 9, 1992, the City Council granted subdivision exemption approval for the
condominiumization of the Benedict office building (see Exhibit 6, Ordinance No. 13-
92). The approval was conditioned upon the recordation of a condominium map and
subdivision exemption agreement, and the deed restriction of the building's existing
one (1) bedroom unit to the Aspen Pitkin County Housing Authority's resident occu-
pancy guidelines and six (6) month minimum lease limitation. These documents were
approved by the Planning Office and recorded with the Pitkin County Clerk and
Recorder in December of 1993,
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925.6958' Fax 303/920.9310
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Ms, Kim Johnson
January 14, 1994
Page 2
As City Council Ordinance No, 25-93 indicates (see Exhibit 7), the property was
designated Specially Planned Area (SPA) on May 24, 1993. In addition, the Council
granted final SPA development plan approval to the existing office building, and
approved a variation in the use requirements of the property's underlying RR, Rural
Residential, zone district. A copy of the draft SPA agreement for the property is at-
tached as Exhibit 8, The proposed final SPA development plan for the property
accompanies this application. Both of these dOCuments are to be recorded on or
before January 31, 1994. Please note that an extension of the recordation deadline
was granted pursuant to City Council Resolution No. 89-93 (see Exhibit 9).
Existing Conditions
The property in question is legally described as Lot 16, Callahan Subdivision, and
contains two (2) acres of land area. Existing man-made improvements to the prop-
erty include a two (2) story frame building with a partial basement, three (3) small
outbuildings, and an improved parking area. With the exception of the original one
(1) bedroom, free market apartment, the main building is devoted entirely to profes-
sional and business office use. The outbuildings are used for storage purposes,
Please note that the buildings comply with all applicable dimensional requirements of
the RR zone district with the exception of the west side yard setback.
As the accompanying SPA plan illustrates, the property is encumbered by a variety of
utility easements. In addition, a fourteen (14) foot trail easement traverses the rear
of the property parallel to the Roaring Fork River. An asphalt pedestrian and
bicycle trail has been constructed within the trail easement. The plan also depicts a
fisherman's easement adjacent to the River, which was provided in connection with
the prior SPA approval, and a twenty-four (24) foot access and utility easement which
provides access to the property from Ute Avenue. The property is presently served
by all major utilities,
It should be noted that the property is located within a potential avalanche path. As
the attached letter from Arthur I. Mears, P.E., indicates (see Exhibit 10, Snow-Ava-
lanche Hazard Analysis), portions of the Applicants' property lie within the mapped
"Blue Zone" of the so-called Ute Trail avalanche path. According to Mr, Mears, the
Blue Zone is an avalanche area of both low frequency and moderate energy, He also
notes that development is traditionally permitted within designated Blue Zones,
provided that construction is engineered to withstand avalanche forces.
Proposed Development
As you know, the original SPA designation application requested permission to
relocate an existing single-family residence from the West End to the Benedict
property, and to covert the residence to an affordable housing unit for the use and
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Ms, Kim Johnson
January 14, 1994
Page 3
benefit of the 10th Mountain Division Hut Association. The Association's operations
are headquartered in what are now described as Condominium Units No. 21 and 26
of the Powder House Condominiums, These units were recently donated to the
Association by the Benedicts for office and storage purposes, The request to relocate
the residence, however, was withdrawn when it was determined that it was not
economically feasible to reinforce the structure to meet recommended avalanche miti-
gation requirements.
In the alternative, the Applicant proposes to construct two (2) new affordable
housing units on the property. The units will be contained in a two (2) story building
which will also provide vehicular and equipment storage for the Association's hut
operations, More specifically, the new building will contain a two (2) bedroom, two
(2) bath unit on the lower floor, and a studio unit on the second floor, The two units
will contain approximately nine hundred and sixty (960) and four hundred and ten
(410) square feet of net livable area and will be deed restricted to APCHA's Catego-
ry 3 and Category 2 income and occupancy guidelines, respectively. The building's
floor area totals approximately eighteen hundred and forty (1,840) square feet,
As the attached site plan illustrates (see Exhibit 11), the new structure will be located
adjacent to Ute Avenue in the southeast comer of the property, and within the area
earmarked for affordable housing purposes on the previously approved SPA develop-
ment plan, The structure will be recessed into the ground such that only the second
floor is visible form Ute Avenue (see Exhibit 12, Architectural Plans and Elevations).
The lower floor will be accessed from the existing parking lot which serves the
Benedict Office Building. Based on Mr. Mears' recommendations, the shape of the
new building has been designed to allow a potential avalanche to flow over and
around the structure to prevent damage. As the elevations illustrate, no windows,
doors or porches are proposed on the building's south side.
One (1) off-street parking space per bedroom will be provided for both units in the
existing off-street parking area located adjacent to Ute Avenue. The use of this area
for parking purposes will provide convenient pedestrian access to the residence, and
will eliminate the need for a new curb cut on Ute Avenue. Existing utilities will be
extended to serve the residence as may be required.
The proposed structure has been located so as to avoid the existing ten (10) foot gas
line easement which traverses the parking lot. . While the structure's north and west
setbacks comply with the applicable requirements of the RR zone district, the south
and east setbacks will require reduction as provided for in the City's SPA regulations.
More specifically, the south front yard setback must be reduced by five (5) feet, while
the east side yard setback will require a ten (10) foot reduction. The requested
setback reductions, however, should have no adverse effect on neighboring develop-
ment. The proposed building site is bounded on the east by the Aspen Club parking
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Ms. Kim Johnson
January 14, 1994
Page 4
lot, and the width of the Ute Ave right-of-way is substantial in the immediate vicinity
of the site,
As the minimum lot area per dwelling unit in the RR zone district is two (2) acres,
and the property will contain two (2) dwelling units for density purposes, a variation
in the minimum lot area requirement of the RR zone district will also be required,
Please note that the existing dwelling unit located within the Benedict Office Building
has been deed restricted to APCHA's resident occupancy guidelines, As a result, this
unit can be considered to be an "accessory dwelling unit" which is exempt from the
calculation of density.
Review Requirements
To accomplish the Applicant's objectives, the final SPA development plan for the
Powder House Condominiums must be amended to include the proposed structure
and its required SPA variations. A GMQS exemption for the two (2) affordable
housing units and vested rights approval is also requested, Each of these review re-
quirements is discussed below.
1. Final SPA Development Plan Amendment
Pursuant to Section 7-804.E,2. of the Regulations, a substantial amendment to
a final SPA development plan may be approved provided that "the proposed change is
consistent with, or an enhancement of, the approved" plan. Requests for such amend-
ments are processed pursuant to the provisions of final SPA development plan
review, As the provision of on-site affordable housing was contemplated in connec-
tion with the original SPA development application and is consistent with community
goals, I believe that the current proposal can be viewed as an enhancement of the
approved SPA plan.
Pursuant to Section 7-804.D.2. of the Regulations, the dimensional require-
ments of the property's underlying zone district may be varied .provided, however,
that the variation complies with the standards of Section 7-804,B, The specific
standards for final development plan review, and the proposed development's compli-
ance therewith, are summarized as follows.
a) ''Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity of the parcels in terms of
land use, density, height, bulk, architecture, landscaping and open space."
The immediate site area includes residential, office and recreational
uses. The Aspen Club and its rear parking lot are located immediately east of the
project site. The recently approved Ute Park residential project is located across Ute
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Ms. Kim Johnson
January 14, 1994
Page 5
Avenue from the property, The proposed structure's has been designed to minimize
its visual impact and to complement the adjacent Benedict office building. The new
structure will be landscaped and will have no adverse effect on the property existing
open space.
b) "Whether sufficient public facilities and roads exist to service
the proposed development."
All utilities and the public road system are believed to be adequate to
serve the proposed affordable housing units (see Exhibit 13, Utility Letters).
c) "Whether the parcel proposed for development is generally
suitable for the development, considering the slope, ground instability and the
possibility of mud flow, rock falls, avalanche dangers and flood hazards."
As noted previously, the property is located within the so-called "Blue
Zone" of the Ute Trail avalanche path. The Blue Zone is characterized as an ava-
lanche area of low frequency and moderate energy in which construction is typically
allowed subject to the incorporation of appropriate avalanche mitigation techniques.
. To mitigate potential avalanche hazards, the Applicant has retained
Arthur Mears to provide site specific mitigation recommendations for the proposed
building envelope. As discussed previously, the building has been designed to shed or
divert any potential avalanche flow, Mr, Mears structural recommendations will be
incorporated in the building permit application to be submitted in connection with
the proposed development,
d) "Whether the proposed development creatively employs land
planning techniques to preserve significant viewplanes, avoid adverse environmental
impacts and provide open space, trails and similar amenities for the users of the
project and the public at large."
The proposed structure has been located to take advantage of the
property's existing topography. As discussed previously, the structure has been
recessed into the ground to minimize potential avalanche hazards. No adverse visual
impacts are anticipated as a result of the proposed development. Open space, trails
access and similar amenities are presently provided on the property,
e) "Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan."
The Aspen Area Comprehensive Plan has essentially been replaced by
the recently adopted Aspen Area Community Plan. To the best of my knowledge,
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Ms, Kim Johnson
January 14, 1994
Page 6
the Plan contains no site specific recommendations for the property in question. The
proposed development, however, is consistent with the intent of the Plan's Housing
Action Plan component in that in provides infill affordable housing which is dispersed
throughout the Aspen area.
l) 'Whether the proposed development will require the expendi-
ture of excessive public funds to provide public facilities for the parcel, or the
surrounding area."
No expenditure of public funds will be required to provide public
facilities for the proposed development.
g) 'Whether proposed development on slopes in excess of twenty
percent (20%) meets the slope reduction and density requirements of Section 7-
903 (B)(2)(b)."
regulations.
The proposed development does not trigger the City's slope reduction
l) 'Whether there are sufficient GMQS allotments for the
proposed development."
The proposed development will be deed restricted to APCHA's
affordable housing guidelines and, therefore, is eligible for an exemption from growth
management.
Upon the receipt of final SPA development plan approval, the Applicant will
prepare an amended SPA plan which meets the requirements of Section 7-804.D,g, of
the Regulations for review and approval of the City Engineer, The existing SPA
agreement will also be amended to memorialize any conditions placed upon the pro-
posed development,
2. GMQS Exemption
Pursuant to Section 8-104,C,1.c., deed restricted affordable housing units are
exempt from growth management subject to the approval of the City Council. The
applicable review criteria include the City's need for such housing, the units location,
their size, and the proposed income category to which the units will be restricted,
As discussed previously, the proposed units are to utilized by employees of the
10th Mountain Division Hut Association, The two (2) unit contain approximately
nine hundred and sixty (960) and four hundred and ten (410) square feet of livable
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Ms. Kim Johnson
January 14, 1994
Page 7 .
area, and are proposed to be deed restricted to APCHA's Category 2 and 3 income
and occupancy guidelines, The units will provide much needed housing for the Hut
Association, and their proposed construction is consistent with the Council's policy to
encourage the dispersal of such units throughout the City's neighborhoods,
3. Vested Property Rights
In order to preserve the land use approval which may be obtained as a result
of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is under-
stood by the Applicant that, to establish such status, final approval of the proposed
SPA development plan must be granted by ordinance of the City Council. It is also
the Applicant's understanding that no specific submission requirements, or review
criteria other than a public hearing, are required to confer such status.
Should you have any questions, or require additional information, please do not
hesitate to call. As the Applicant wishes to commence construction of the proposed
structure this spring, your prompt attention to the scheduling of this application
would be sincerely appreciated.
.,
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unny vVAlCP
SV:cwv
Attachments
cc: Peter Looram
Fredric Benedict
c:\bus\city.applapp24493.aff
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EXHIBIT 5
vincent J. Higens
President
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ASPEN, COLORADO 81611
303-925-1766 : 303-925-6527 FAX
Christina Davis
Vice President
300' OWNER'S LIST
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of Lot 16, Callahan
Subdivision as obtained from the most current Pitkin County Assessors Tax
Rolls.
NAMES AND ADDRESSES
TAX SCHEDULE NUMBER
--------------------------------------------------------------------------
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PAR'I HEREOF
()-l~ ~ ~~
AUTHORIZED SIGNA E
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ASPEN CLUB INTER....f'IONAL
ATTN: DIANE
1450 CRYSTAL LAKE ROAD
ASPEN CO
ASPEN CLUB INTERNATIONAL
C/O MARK OVERSTREET
1450 CRYSTAL LAKE ROAD
ASPEN CO
BARBARA O. FLECK 1/2
LISA BETH FLECK 1/2
1525 SOUTH LODGE DRIVE
SARASOTA FL
CHARLES MADDALONE
MARLENE MADDALONE
TRUSTEES
P.O. BOX 635
ASPEN
CO
CITY OF ASPEN
130 SOUTH GALENA
ASPEN
CO
CITY OF ASPEN
130 SOUTH GALENA
ASPEN
CO
FREDERICO LONGORIA
DENNIS E. NIXON
BOX 1359
1200 SAN BERNARDO
LAREDO
TX
PHYLLIS S. HOJEL
C/O ELECTRO COM AUTOMATION
2910 AVENUE F
ARLINGTON
TX
POWDERHOUSE ENTERPRISES
1280 UTE AVENUE
ASPEN
CO
T. RICHARD BUTERA
JULIE ANTHONY BUTERA
520 E. DURANT AVENUE
ASPEN CO
~
T 14A, CALLAHAN SUB
81611
LOT 15, CALLAHAN SUB
81611
LOT 7, CALLAHAN SUB
34239
SOUTHERN MOST LOT, GORDON/
CALLAHAN SUB
81612
UTE CEMETERY
81611
UTE CHILDREN'S PARK
81611
LOT 8, GORDON/CALLAHAN SUB
78042
LOT 15, UTE PLACE SUB
76011
LOT 16, CALLAHAN SUB
SUBJECT PROPERTY
81611
LOT 14E, CALLAHAN SUB
81611
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THE ASPEN RIVER ~~IENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
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~OT 2A, GORDON/CALLAHAN SUB
74135
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
THE ASPEN RIVER FRIENDS
C/O H.M. INTERNATIONAL
5810 EAST SKELLY DRIVE
SUITE 1000
TULSA OK
UTE PARK PARTNERSHIP
LOT 2B, GORDON/CALLAHAN SUB
74135
LOT 2C, GORDON/CALLAHAN SUB
74135
LOT 9, GORDON/CALLAHAN SUB
74135
METES AND BOUNDS
215 SOUTH MONARCH
ASPEN
CO
81611
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EXHIBIT 8
, ,
SPECrALLY PLANNED AREA DEVELOPMENT AGREEMENT
LOT 16. CALLAHAN SUBDrVrSrON
(BENEDrCT OFFrCE BUrLDrNG TO BE KNOWN AS
POWDER HOOSE CONDOMrNrOMS)
d d d . . '7.J.-(.,
THrS AGREEMENT, ma e an entere ~nto th~s - day of
January, 1994, by and between FREDRrc A. BENEDrCT, FABrENNE
BENEDrCT, and BENEDrCT LAND AND CATTLE COMPANY, a Colorado
corporation (collectively "Benedict"), and THE CrTY OF ASPEN,
COLORADO, a municipal corporation and home rule city (the "City"),
l! .I ~ !!: II ~ ~ II ~ H:
WHEREAS, Benedict was the record owner of Lot 16, Callahan
Subdivision, according to the Plat thereof recorded May 19, 1976 in
Plat Book 5 at Page 7 in the office of the Clerk and Recorder of
Pitkin County, Colorado, together with the improvements thereon
known as the Benedict Office Building (collectively the "SUbject
property"); and
WHEREAS, the Benedict Office Building was legally constructed
in 1974 pursuant to a valid building permit, and was subsequently
rezoned to RR (Rural Residential) PUD, thus becoming a
grand fathered non-conforming use; and
WHEREAS, the Benedict Office Building has historically been
used for business and prOfessional offices; and
WHEREAS, for purposes of removing such non-conformity,
Benedict applied to the City to designate the Subject Property as
a Specially Planned Area and to vary the uses permitted in the RR
Zone District to allow business and professional offices as a use
by right on the Subject Property; and
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 25, recorded in Book 716 at Page 615 of the Pitkin County
records, the city designated the Subject Property as a Specially
Planned Area, granted Final SPA Development Plan approval for the
Subject Property, and granted a variation to the uses permitted in
the RR Zone District to allow business and professional offices on
the Subject Property, subject to the conditions set forth in the
Ordinance; and
WHEREAS, under and pursuant to Aspen city Council Resolution
No. 89, Series of 1993, the City granted an extension of the
recordation requirements contained in Section 7-804.0.4. of Chapter
24 of the Municipal Code of the city of Aspen to and until
January 31, 1999; and
~~
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"....."
WHEREAS, under and pursuant to Aspen City Council Ordinance
No. 13, recorded in Book 716 at Page 610 of the Pitkin County
records, the City granted subdivision exemption approval for the
condominiumization of the Benedict Office Building, to be known as
Powder House Condominiums, subject to the conditions set forth in
the Ordinance; and
WHEREAS, Benedict and City desire to
conditions to SPA approval by entering into
Development Agreement; and
WHEREAS, Benedict acknowledges and agrees that the following
matters are necessary to protect, promote and enhance the pUblic
health, safety and welfare.
memorialize the
the following SPA
NOW, THEREFORE, for and in consideration of the granting of an
SPA designation and Final SPA Development Plan Approval by the City
and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, Benedict hereby
covenants with the City as follows with respect to the Subject
property:
1. Future Improvement District. Benedict agrees to join any
future improvement districts which may be formed for purposes of
constructing improvements in the public right-Of-way that serves
the SUbject property.
2.
Subject
Planned
Zonina Classification. The City confirms that the
Property is zoned RR (PUD) (SPA), Rural Residential,
unit Development, specially Planned Area.
3. Applicable Zonina Reaulations. The applicable
regulations that govern the permitted and conditional uses,
dimensional requirements, and off-street parking requirements with
respect to the Subject Property, are those of the RR, Rural
Residential zone district, as such regulations may be amended from
time to time. Under and pursuant to Aspen City Council Ordinance
No. 93-25, business and professional offices are permitted uses
within the Benedict Office Building.
4. Open Space Desianation. Benedict hereby designates as
open space those portions of the Subject property which are not
presently occupied by the Benedict Office Building, any other
improvements, or parking areas, all as more particularly shown on
the Final SPA Development Plan recorded in Plat Book ___ at Page
of the Pitkin county records. Provided, that the area
designated "Area Reserved for Affordable Housing" on the Final SPA
Development Plan (as said Plan may be amended from time to time)
may in the future be developed and used for affordable housing
purposes, if all applicable City land use approvals are obtained
2
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therefor. Nothing herein shall obligate the city to grant such
approvals.
5. Perpetual Non-Profit Space. Benedict is donating Powder
House Office Condominium Units 21 and 22, and Storage Condominium
Unit 35, comprising approximately 882 square feet of the
improvements on the Subject property, to the loth Mountain Division
Hut Association. Benedict covenants and agrees that said
Condominium Units shall be and hereby are forever restricted to
occupancy by a non-profit organization or organizations. If said
Condominium Units or any of them are ever reconfigured, the
resulting Condominium units which are subject to this occupancy
restriction shall not contain less than 1,259 square feet.
6. Condominiumization Permitted. Pursuant to Ordinance No.
13, the Aspen City Council granted subdivision exemption approval
for the condominiumiz.ation of the Benedict Office Building, to be
known as Powder House Condominiums, sUbject to the conditions set
forth in the Ordinance.
7. Vested Riahts. Pursuant to Section 24-6-207 of the
Municipal Code, a Vested Property Right is hereby established for
all development activities permitted, approved or confirmed by this
Agreement and, accordingly, for the three-year period next
succeeding May 24, 1993, no zoning or land use aetion by the City,
legislative or otherwise and no citizen initiated zoning or land
use action shall in any manner alter, impair, prevent, diminish or
otherwise delay any development activities or use of the Subject
Property permitted, approved or confirmed by this Agreement,
except:
(i) with the consent of the owner of the Subject
Property affected by such action;
(ii) Upon the discovery of natural or man-made
hazards on or in the immediate vicinity of the Subject
Property affected by such action, which hazards could not
reasonably heretofore have been discovered and which hazards,
if uncorrected, would propose a serious threat to the pUblic
health, safety and welfare; or
(iii) Nothing by the establishment of this Vested
Property Right shall exempt the development activities or use
of the Subject Property contemplated in or by this Agreement
from subsequent reviews and approvals which may be required by
other provisions of this Agreement or the general rules,
regulations and ordinances of the City, provided that such
reviews and approvals are not inconsistent with the
development activities or uses of the Subject Property
contemplated in or by this Agreement. Moreover, the
3
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establishment of this Vested Property Right shall not preclude
the application of ordinances or regulations which are general
in nature and are applicable to all properties subject to land
use regulation by the City, including but not limited to,
building, fire, plumbing, electrical and mechanical codes, and
in connection with any such development activities or use of
the Subject property, the owner(s) of the Subject Property
involved shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, unless such
owner(s) shall have been granted an exemption therefrom in
writing. Nothing by the establishment of this Vested Property
Right shall preclude judicial determination, based upon common
law principles, that a vested property right exists with
respect to any development activity or use of the SUbject
Property approved or not approved by this Agreement, or that
any subsequently enacted or citizen initiated zoning or land
use action has resulted in a compensable taking of all or some
portion of the subject Property. In the event of a final
determination by the City Council of a non-compliance with the
terms of this Agreement by Benedict, then so much of the
Vested property Right hereby established as relates to the
condition of this Agreement not complied with, shall from,
then and thereafter no longer exist; provided that if such
determination is ever judicially invalidated, the Vested
Property Right formally extinguished shall, ipso facto,
thereupon be revived nunc pro tunc to the time of the
Council's determination of noncompliance.
8. Severabili tv. If any of the provisions of this Agreement
or any paragraph, sentence, clause, phrase, word or section of the
application thereof in any circumstance is invalidated, such
provision, paragraph, sentence, clause, phrase, word or section
shall be severed from the Agreement and the remainder of the
Agreement shall remain in full force and effect.
9. Release of Waiver. None of the covenants contained
herein shall be released or waived in any respect without the prior
consent of the City reflected by resolution of the City Council of
the City of Aspen.
10. Attornevs' Fees. In any legal proceeding to enforce the
provisions of this Agreement, the prevailing party shall be
entitled to recover its costs and fees therein, including its
reasonable attorneys' fees and expert witness fees.
11. Amendment. The provisions of this Agreement may be
changed, modified or amended only by the recording of a written
instrument signed by an authorized officer of Powder House
Condominium Association, Inc., and by the Mayor of the city of
Aspen pursuant to a vote taken by the City council.
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12. Bindina Effect. This Agreement shall run with the title
to the Subject Property and shall be binding upon all parties
having any right, title or interest in the Subject Property or any
part thereof, and their heirs , representatives, successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
BENEDICT:
::r~?~ c:t~
Fredric A. Benedict
,
g~el1n10 t6fu,.,d?c'vr
Fabienne Berted~ct
BENEDICT LAND AND CATTLE
COMPANY, a Colorado corporation
By: "7"'~ ~
Fredric A. Benedict, President
CITY:
THE CITY OF ASPEN, COLORADO
By:
Mayor
ATTEST:
City Clerk
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this;l j;L....
day of January, 1994, by Fredric A. Benedict and Fabienne Benedict,
individually, and by Fredric A. Benedict as President of Benedict
Land and Cattle Company, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires: ~'}U.A-~. ;7', /0/9'--'
l __ ;? ~
(SEAL) /: ~~~..-:
No y pubhc
11839,1
5
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STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was
day of January, 1994, by
as City Clerk of
Colorado, a Colorado municipal corporation.
acknowledged before me this
as Mayor and by
The City of Aspen,
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
11839.1
6
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EXHIBIT 1 0
"
ARTHUR I. MEARS, P.E., INC.
Natwal Hazards Consultants
222 fat GoIhic Ave.
Gunnison. Colorado 81230
303-641.3236
July 29,1993
Mr. Dave Schweppe
10th Mountain
1280 Ute Ave.
Aspen, CO 81611
RE: Proposed building, SE Corner of Lot 16, Callihan Subdivision, Aspen,
Dear Mr. Schweppe:
This letter provides my opinion about the feasibility of building a house or other building
designed to resist avalanche loads at the above address, The site is located at the edge of the
runout zone of the "Ute Trail" avalanche path and will be reached by powder blast and light
flowing snow and entrained debris during design magnitude "100-year" return period
conditions,
I have not completed the required analysis to determine the design avalanche energy and
velocity at the building site, however, based on my experience at numerous other sites in
North America, I feel building at this location would be feasible for the following reasons:
a, Avalanche velocity and energy are small at this site;
b, Avalanche-induced static and dynamics loads would also be small;
c. Structural reinforcement of the building would be required, but could easily be
designed to accommodate the loads; and
d, Because avalanche frequency at this location is small (avalanches have never been
observed at this site), the exposure of people would present a small risk,
Please contact me if you have any questions,
Sincerely,
Ckf it 1~Qu1
Arthur 1. Mears, P,E.
Avalanche-control engineer
Encl.
Mo:a Wcuttng . Aoalanchef . Aualanche Control Engineering
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HOLY CROSS ErECTKIL ASSUL,",IIUN,
EXHIBIT 13
lNL.
::''1l")t) HIGHWAY 82
P.O. DRAWER ~150
Gl.tNWOOD SPRINGS, COLORADO 81602
(303) 945-5491
IF AX) 945-4081
August 10, 1993
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.' .;...;;.':"':',;';Y,,~, ':;'~"~~'~'
. . " ~ :;,:-;';(;:,'~'~,~..;:,~.:., ~':: .?~~:;;v
Mr. Dave Schwepp~~'~^"':i'",,,\:. ,."...".~.,", ..,>'..,~
Tenth Mounta~1t;~o..!~t_s.~,()~,.lt . ::.i'}J~i~~~t.;:t" : 1.
1280 Ute Avenue,;;~:,:".,t:., ..", ., :.""..-,.{:<~"," ,. ,..
..'-' -'"f;'.... . .......,,'"'..., .' ... '. ..,
Aspen, Colorado"S1611'.~'f. ..:~:'\'.~o(V'.l!~":.~,~'~", .;,:, ;l.'~"
"",~"",,~,(:,. .,;... ~""" o\."'~'~i' ,'. ,'. .
t"~~;;~~-:.~- \~k~::,'/-N~'t.. ....;,"~ri.:.~.:I: ., ..,~
RE: sou~e~s1?'.corper,' Lotb':.6,!.:i.c;:ala'h.i.,:~. ,~:: ':,1::-",. '.'(".
SubdJ.vJ.sJ.on "I!; Employee' F,ous:.::q t::nt ,'r-rt'.~ ..;~.; . .:,
~-l'; 4tT..'. ' i.""....... _,"" .....:,..~.~.:=':~'Io.:;~~,.,~<.~~.. "..
. . ~ .,.. ....;[111'.... oil, ......". .....
.' ,.~.r . l<!lo..... , ',f' ......, '.' '\.,....., .yo...."..:.,........"'.. . .
D r D ve"R\r~ I I. ~ . . .:: .1, ..,.~.. Dp.."'II...... .1""".' ,f., ,
ea a ._',c ; "f" -.... ,.... .......-8.....-.. -.....
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?~,~ 41" "_' ',' ole ".lO _ ~'1~.. c. .f~.::,::;:~ 'f:r.--::'-"e ..,,"~.~ \ ::!'.....!.-...: ::.,...;,.:.
The abo't~: ~ent:L?..n.~!iidey.~~.oPl:\e~ ~,. ~R .w ~.::~-h.nj,...~';.~;~c..~rti_fica ted, _'
servic~>r ~~a. Of,~o~~~r9,ss.;:1~J:~J.9(~:,s9cj,a~.ip~1jPIp,c"! ~{:.-
"~~~~"~~t.j!~~,:..:;'-~t '~~l~,'-J~ ',:'* '.'-
Holr <?r~s~:-E!.~!?~Z:J.9,;..A~SP,;3:~1:;,:n;'-':~l'!c.:.~ E-~!":i?O-!'t;)~ng. po~er:~:. . ,: . - _:
facJ.lJ. t!~s~!=a1:e~k:.on ~9;t;i',~_ear:...tB! :~ov~ ')Ilent!6~d pro) ect; ":: These
existinqjf~9..!}.1 tie:;.J1:ay'~'~~qequ~f_~c:.a:p~c!.~'tC!~iP.rov:ide electric .~.:'
power,_~<3:.;,t,a~-;;'~.e:v.:~+'.8P~~l'!1;~~s.1f!:lj e_~'l:".~~ii..t}1e.~&~~~~les an~. .';:,'
regulatt-~nsXo~;'i.:;~,i~Y:~PC?~e.r~.;n~.;;;~~~~~n~~!elocatJ.ons 'F"i~
a~d ~e'o{, ~?'1:~P~,t.o~:...~~~!.s~!!n' tC?,4;.c;.e).J,X~F.:?d~~a~e,,~O!e~r.to and . :f~"~",
WJ. thJ.~ti,1~1~e.Y~!.<<?E!C~~Q{..9:Y be.;un.~!;~~e~;Y.fiio~::(is.tP!>,~. Electric;. ;-} -
AssocJ.atJ.ont~$ . .pontc.~mpletJ.C!n,,()t;j;approprJ.~te ':c ntractuali:!":t
aqreementi:r-"'-1:" ~'-' ~~~ !.&""';"\ .... ..~ ':":'"" -....."j..:,.
", J'<)~'t:. ,,' ~"'.~t:..:.'.':. ~ (~er ';~~~':i :_;;~~~,~.., ~. ,,;::~~, :.~. ~'!.~,,~: ;::~:~.\':-:
Please advise.'!l;when you wish to proceed with the, 'development of "'. ':/
the electric 'system for this project.;;r:-,::i"'''iS.',:;;,~-,~< .,.
. .:'}~l~~.1 . '.:;:~~';~~;_~:~~' 'i~~i . . .~,1?-:'
SJ.ncerely ',;;'.fJlJJ''''~r
:.~~:,~.~.,. .
JAF:rjm
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August 10, 1993;;::~fi'<'~ .
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Mr. David Schweppe ~K!<\,. .';5""'..
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10th Mountain Division ,,' '" :, ~,
1280 Ute AVeJiue "","i;"f. "."; .:.'. '. .~.: '; ..
Aspen, CO 81611, "":. '.
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SUBJECT::-:.... REQUEST FOR WATER SERVICE.
'~"LqT 16, CALLAHAN SUBDMSION
Dear Mr. Sch'Yeppe;
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The City of ~pen d~h~Y~ Water supplies and infrastructu~ tb se;ethe pr6Po~ed housing
project on Lot 16 of the Callahan Subdivision. All provisions of the City Codes must be .
. followed in obtai1).ing water service.r.om the City of A~n.' .
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... PI e contactour.Customer Services Department at 920-5030 if you have any questions
cO c ruing water s.em~' '. '.. ',.
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Larry Ballenger, Water Superintendent
City cfA.spen, Water Department . .
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13lI SoUTll GAI.ENA STIEET . ASPEN, COLOOAOO 81611 . PHdN,303,920.5oo0 . FAX 303.920.5197
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. .acky Mountain Natural Gas
A Division 01 K N Energy, Inc.
113AABC
Aspen. CO a16l1
(303) 925.2323
. ROCKY
MOUNTAIN
NATURAL GAs
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August 2, 1993
10th Mountain Division
1280 Ute Avenue
Aspen, Colo 81611
Re: Employee Housing Lot 16 Callahan Sub-Division
Dear: Mr." Schweppe,
.,.
This is ~n'reply to your inquiry concerning the proposed Employee
Housing Unit to be built on lot 16, Callahan Sub-Division Please
be advised that the project is within the service area of Rocky
Mountain Natural Gas (RMNG).
It is RMNG's understanding that if RMNG installs any facilities to
serve this development, said facilities will be installed on
franchise 'property as governed by the franchise agreement. If
some unusual circumstance arises that requires the installation of
our facilities ona utility easement, the utility easement area
must be accessible to the grantee for the purpose of construction,
installation, maintenance, renewal, repair and operation of
pipelines installed thereon; therefore, grantor shall not
construct nor cause nor allow to be constructed surface structures
over the easement area. Surface structures shall include, but not
be limited to,' fences, walls, buildings of any type, shrubs or
trees. All service provided will be subject to the tariffs, rules
and regulations on file and upon completion of contractual
arrangements.
We do not, however, consider this an application for natural gas
service for this development. If the developer desires natural
gas service, he must submit written applications for such service
to the local RMNG distribution office. A decision will then be
made as to whether or not natural-gas service can be rendered.
Very truly yours,
~~.e~
Aspen District Manager
RP!
pc: John Wilson - Glenwood Springs
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:Aspen r9onsolidated Sanitation q)istll'ict
565 North Mill Street
Aspen, Colorado 81611
TBl& (303)925.3601
Sy Kelly - Chairman
John~ Snyder-TreaL
Louis Popish. See;;.
FAX 1(303) 925.2537
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
November 23. 19S3
David Sohweppe
l260 Ute Ave.
ASpeT\, CO 81611
Re: sewsI' service fer 1260 Ute
possig!e employee hoUSiT\g
Dea.r Da.vid:
This letter is tc ocnfirm that sewer servioe from our Distriot is
available in Ute Avenue T\sar the frcnt of the property at 12~O
Ute Avenue. Servioe is contingent upon oompliance with the
District's Rules and Regulations which are on tile at the
Distriot offioe. The en~ire property to be developed appears to
ree~de within our service area.
A oost
impacts
avallabl e
system in
office.
estimate of the total conneotion fees _and asscoiated
fees oan be determined from detailed plans once they are
for revieW. Speoific concerns regarding our oolleotion
this area can be addressed b~ Tom Bracewell of cur
Please call if you have any questions.
Sincerely..
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Bruce Hatherlf/
District Manager
EPA AWARDS OF EXCELLENt"''''.. - ..
1Q71l. 19811- ,~--
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Exhibit B
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Aspen f9onsolidated Sanitation (])istrict
565 North Mill Street
Aspen, Colorado 81611
Tele.(303)9Z5.3601
FAX '(303)9'25.2537
SyKeUy-Chairman
JohnJ.Snyder.Treas.
Louis Popish-Seer.
Albert Bi8hop
Frank wUlIhin
BruceMatherly,Mgr.
Fabruary 14.1994
M..ty L,.chne[
Pl..nnlrIIOfticf/
130 S. Galena St.
"'''pan, CO 81611
Re, lOth Hountaln SP", Am..nd....nt
O..r Mary:
The Alp.n CcnloJidated Sanitation District currently haa
.utrial.nt line and treatma..t capacity to aerva this project.
Servloe Is contjn~.nt upon compliance with the District'. Rul..
and Regulation., and Sl'eo1tlcatlons which are on file at th.
DI.trlct oftic...
Thete are ..Inor down.tr...~
applle8nt wi 1 1 be surcharged a
development In thi. ata. the
ellllllnated.
line cCln..tralnts for whioh the
prorated ahar... Through additional
constraints will eventually be
Total connectlcn char gas for this d..velopment have b....n
.stlllat..d, based upon con'H'plual plans, at th.. appl1csnt's
request. One8 detailed plan.. Srl,svs[l.bl.. a more lloourate
....tim.t.. of the te.s can be mad... and compliance with the
District's requirements assured.
Sincerely,
z.... c__ '70-"~'6
I'lrueeHatherty
DI"trlet Hanager
EPA AWARDS OF EXCELLENCE
1976.1986.1990
REGIONAL AND NATIONAL
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WAYNE L. VANDEMARK. FIRE MARSHAL
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81611
(303) 925.2690
FROM:
Mary Lackner, PI~g Office
Wayne vandemark! Fire Marshal
lOth Mountain Division Hut Association/Powder
Condominiums Final SPA Development Plan Amendment & GMQS
Exemption, Parcel ID No. 2737-181-32-020
TO:
RE:
DATE:
January 31, 1994
We have reviewed the application submitted by the lOth Mountain
Division Hut Association. The site is approximately four minutes
from headquarters fire station. There is ample water supply in the
area for fire suppression.
,
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department (1{C
Date: February 23, 1994
Re: 10th Mountain Division Hut AssociationJPowder House Condominiums Final SPA
Development Plan Amendment & GMQS Exemption
Having reviewed ~e above referenced application, the Engineering Department has the
following comments:
1. Avalanche Zone - Condition of approval: The building permit application package
shall contain a letter by Arthur Mears or another registered engineer that the structure
has been designed to withstand the anticipated avalanche loads.
2. Utilities Extensions - The Ute. Avenue area property owners recently constructed
improvements to pavement and drainage on Ute Avenue. One of the goals of that project
was to provide utility stub-outs for known, future development in order to prevent cutting
and patching the freshly paved street. There is no Ordinance prohibiting cutting pavement
for five years, or any other length of time. Nevertheless, it is a desirable goal. Therefore
the applicant is urged to provide utility hook-ups outside of the pavement if possible or
to undertake any possible construction measures to eliminate or reduce the road cut.
If transformers or utility pedestals are needed, easements must be provided on the
property. No above grade utility facilities are permitted to be installed in the public right-
of-way.
3. Excavation Permit for Work in Public Right-of-way - Given the continuous problems
of unapproved work and development in public rights-of-way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
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The excavation permit application requires that the applicant submit as-built drawings of
work located within the public rights-of-way, showing horizontal and vertical locations
within 1 foot accuracy of all utilities, including their size and identification, together with
any other features encountered during excavation within the rights-of-way.
4. Trash. Recycle & Utilily Area - As applicable to this project, we recommend a
condition of approval that requires that the final development plan show a detailed
drawing of the area for trash, recycle, utility meters, and other utility facilities. The
dumpster and the recycle bins should be shown and dimensioned to ensure that the area
functions well. Meters may not be obstructed by trash facilities in order to protect the
utilities' ability to read the meters.
5. Survey and Properly Monuments - The applicant is advised that any disturbed survey
and property monuments must be re-set as required by Colorado Revised Statutes.
6. Ener!!y Conservation - The applicllnt is requested to install energy conservation devices.
cc: Robert Gish, Cris Caruso
M94.109
GO
FEB 23 '94 04=ia6PM ASPEN HOUSING OFC
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M1!lMORUDOK
TOI
Mary Lackner, Planning Office
cindy Christensen, Housing Office
February 23, 1994
10th MOUNTAIN DIVISION HOT ASSOCIATION/POWDER HOUSE
CONDOMINIUMS FINAL SPA DEVELOPMENT PLAN AMENDMENT/GMQS
EXEKP'l'ION
Parcel 10 No. 2737-181-32-020
I'JOK:
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J:ssmll The applicant is requestinq construction of two (2) on-site
affordable housing units in place'of the approval that was granted
on March 9, 1992 to deed restrict the building' I s existinfir one-
bedroom unit to the Resident Occupied Guidelines.
OC!OXKENIlA'l'ION: The Housing Office recommends that this request be
approved. In place of a Resident Occupied one-bedroom unit, the
housinfir program would benefit by receiving' one two-bedroom, two-
bath Category 3 unit and one studio category 2 unit. The siz.. of
the units are also appropriate with respect to the Housing Office's
Guidelines, with the two-bedroom approximately 960 square feet and
the studio apprOXimately 410 square feet.
If approved, the Housing Office would require the applicant sign
and record Deed Restrictions for each unit, restricting the units
as Category 2 for the studio and Category 3 for the two-bedroom,
along with the other conditions listed in the deed restriction.
the Housinq Office will provide the deed restrictions for recording
to the applicant. The Housing OffiCe must have the recorded book
ana page number prior to building permit approval.
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MEMORANDUM
TO:
THRU:
FROM:
DA1E:
RE:
Mary Lackner, Planning Office
George Robinson, Parks Director
Rebecca Baker, Parks Department
February 23,1994
10th Mountain Division Hut Assoc./Powder House Condominiums Final SPA
Development Plan Amendment & GMQS Exemption
We have reviewed the application submitted by the lOth Mountain Division Hut Association and
offer the following comments.
In general, the application has little impact on issues relevant to the Parks Department There is no
submitted landscape plan with this application and we would suggest one be submitted prior to
construction. We would also suggest that the landscape design be consistent with the surrounding
landscape of the aspen grove, and that if an irrigated turf area is proposed that it be consistent with
the adopted Water Conservation Code, Any trees over six inches in diameter require a tree removal
pennit and should be detailed on the landscape plan as well, Construction occurring around trees to
be saved should be protected and no digging in the drip line of the trees~ The Parks Department has
guidelines available for construction occurring around trees.
The final comment on this application is in regards to the impacts on trails. While there is an
existing trail along this property, the increased development of this section of town (including the
Ute Park residential project) provides evidence that a trail extension from Ute Park to Herron Park
is a necessary and important link to complete. This comment is not intended for the applicant to
provide this trail extension just that it be noted for its impact on the trail system.
""""
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MEMORANDUM
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TO:
MARY LACKNER, ASPEN/PITKIN PLANNING OFFICE
PHIL OVEREYNDER, WATER DEPARTMENT DIRECTO~
FEBRUARY 8, 1994
lOTHMOUNTAINDIVISION/POWDERHOUSECONOOMINIUMS
FROM:
DATE:
SUBJECT:
Thank you for the opportunity to review the above-referenced application. I have the following
comments:
· Water Tap Fee Waivers--
The preapplication conference summary submitted with the application includes a notation
regarding possible water tap fee waivers. Current City policy on tap fee waivers is set
forth under Ordinance 90-8. The applicant should be advised that City Council has
requested a review of the policy and it is subject to change.
· Water Service Availability--
Please refer to the August 10, 1993, Water Department letter, included in the application
packet which references the ability of the City's system to serve the proposed housing
project on Lot 16 of the Callahan subdivision.
. Utility Location--
The site plan should identify existing and proposed utility locations and service lines for
the proposed structure in order to provide proper spacing and avoid conflicts.
PO:ll
Iphil\lOthmnt,mem
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Exhibit C
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SPA Amendment
section 24-7-804
The proposed!housing units are to be located within one structure
within the atfordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
section 7-80~ (E) (2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed chapge is consistent with or an enhancement of the
approved" plan. staff believes that the issue of affordable
housing was a~dressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
Section 7-804 (D) (2) of the SPA regulations permit dimensional
variances from the underlying zone district if the variation
complies with section 7-804(B), the review standards for
development iin a specially planned area (SPA). Compliance of these
review standards follow:
,
i
Wh~ther the proposed development is compatible with or
enhances the mix of development in the immediate vicinity
of [the parcel in terms of the land use, density, height,
bU~k, architecture, landscaping and open space.
Response: T~e adjacent land uses include residential, office, and
a recreation1club. The ute Park Subdivision, which will include
4 free market and 7 deed restricted units, is located across ute
Avenue from t):1is property. The proposed employee housing structure
will meet the height requirements of the RR zone district and will
be landscapeli. This development will be compatible with the
surrounding ~and uses.
1.
2. Whether sufficient public facilities and roads exist to
se~vice the proposed development.
Response: Holy Cross Electric Association, the Water Department,
Rocky Mountal.n Natural Gas, U.S. West, and Aspen Consolidated
Sanitation District have all indicated that there is capacity to
serve this p~oject.
The City Engfneer has expressed concern that all utility hookups
be provided ~utside of the pavement, as much as possible, due to
the new pave~ent and drainage improvements on ute Avenue.
3. Wh~ther the parcel proposed for development is generally
su~table for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
,
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.
avalanche dangers and flood hazards.
Response: The applicant has indicated that the property is located
within the "Blue Zone" of the ute Trail avalanche path. The Blue
Zone, or potential-hazard zone, is the transition zone between high
hazard and no hazard, and includes avalanches that are either small
or infrequent. The applicant has retained Art Mears to provide
site specifiq mitigation recommendations for the proposed building
envelope. The proposed structure has also been designed to shed
or divert an~ avalanche flow.
I
I
Although thelCity has approved the ute Park Subdivision which is
within the yte Trail avalanche path, staff does not believe
development ~s appropriate in any avalanche path.
4. Wh~ther the proposed development creatively employs land
pl~nning techniques to preserve significant view planes,
avc!id adverse environmental impacts and provide open
sp~ce, trails and similar amenities for the users of the
prQject and' the public at large.
Response: Th~ new structure has been designed to minimize exposure
to the avalanche path. A bike/pedestrian trail and fishing
easement already cross the property and there is a sufficient
portion of tHe property retained as open space.
5. Wh~ther the proposed development is in compliance with
the Aspen Area Comprehensive Plan.
Response: The proposed project is consistent with the AACP, as it
provides fuI+y deed restricted affordable housing by the private
sector.
6. wh~ther the proposed development will require the
eXEenditure of excessive public funds to provide public
facilities for the parcel, or the surrounding
ne~ghborhood.
Response: ~o expenditure of pUblic funds will be required to
provide publ~c facilities for the proposed development.
7. WhEither proposed development on slopes in excess of
twEinty (20) percent meet the slope reduction and density
re~uirements of Section 7-903(B) (2) (b).
Response: There are no slopes of twenty percent or greater on the
property, th~refore, the slope density reduction requirement is
not applicable on this parcel.
s. Whether there are sufficient GMQS allotments for the
proposed development.
Response: There is no quota on the number of GMQS allotments
available for fully deed restricted affordable housing. This
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project will! need a GMQS exemption by City Council for the
development ~f fully deed restricted dwelling units.
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GMQS Exemption for an Affordable Housing unit
, section 24-8-104 (C) (1) (c)
The applican~ is proposing to construct a two bedroom, two bath 960
sq. ft. unit restricted to Category 3 guidelines and a 410 sq. ft.
studio unit testricted to Category 2 guidelines. These units are
voluntarily Rrovided by the applicant. They are not required for
housing miti~ation.
section 8-104(C) (l)(c) allows city Council to exempt affordable
housing unit~ based on the need for the unit, their compliance with
the adopted ~ousing plan, the type of unit, and the price category
to which the !unit will be restricted.
The Planning! Office believes that the applicant I s request to
construct th~se two fully deed restricted affordable dwelling units
is consistent with the adopted plans and regulations of the City
of Aspen.
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Exhibit D
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Exhibit E
Saturday-SwlIfay, April 2.3, 1994. The Aspen Times 27-C
Public Notice
6. The applicant shall sign and record deed
restricllons lor each unit restricting the. units as
Category 2 lor the studio and Category 3 lor the
two-bedroom. .lIong with the other conditions
listed In the deed restriction. The Housing Olnce
must have the recorded book aild page number
prior to the Issuance of any bulldlngperntlts.
7. All material representations mad by the applI-
cant h1 the appltcalloll and during public meet.
Ings wllh the "Ianning and Zoning Commission
fha!1 be adhered to and considered conditions of
approval, unless otherwise alnended by other
conditions.
Section 3: Pursuant to Section 24-6-207 01 the
Municipal Code, City Council does hereby grant
the applicant veste<l rights for the site specific
development plan as follows:
I. The rights granted by the site specific devel-
opment plan approved by this Ordinance shall
remaln vested for three (3) years from the date 01
final adopllon specified below. However. any lall-
ure to abide by the terms and conditions atten-
dant 10 this approva! shall result In forfeiture of
said vefted property rights. Failure to timely and
property record all plats and agreements as spec-
ified herein or In the Municipal Code shall also
result In the forfeiture of said vested rights.
2. The approval granted hereby shaD be subJect
to all rl"hb 01 relerendwn and judicial review.
3. Nothing III the approvals provided by this
Ordinance shaU eXempt the site spec:llIc deve!op-
ment plan Irom subsequent reviews andlor
approvals required by this Ordinance or the gen-
eral rules, regulations or <wdlnatlces 01 the City
provided that such reviews or approva!s are not
Inconsistent with the approval granted and vest.
edhereln.
4. The establishment herein 01 ;\ vested proper-
ty right ,han not preclude Ihe application 01 Qf'd1-
nances orregulatlon$ which are general In nature
and are applicable to all properties subJect to
land use regulallon by the City 01 Aspen, Includ-
Ing but not limited 10, building, fire, plumbing,
eleclr1cal and mechanical codes. In this regard. as
a condlUon 01 this slle development approval. the
developer shall abide by any and all such build-
Ing. lire, plumbIng, electrical and mechanical
codes, unless an exernpllon therefrom Is granted
Inwrltlng.
Secllon 4: The City Clerk shall cause nollce of
this OrdlllanCe to be published In a new,papu 01
general circulation within the City 01 Aspen, no
later than fourteen (14) days following lInaI adop-
Uoo hereol. Such riotlce shall be given In the fol-
lowing form:
Notice 1$ hereby glYefl to the general pubUc 01 the
approval of a site specific development plan, and
the creation d a vested property right pursuant to
TItle 24, Article 68, Colorado Revised Statules, peI'-
t.aInlng to the 10l1owlng descrlbed prpperty.
The property shall be described In the noUce
and appended 10 said nollce.
Stellon 5: A public hearing on the Ordinance
.hall be held on Ihe 2S day 01 April, 1994 at 5:00
P.M. In lhe City Council Chambers, Aspen City
lIall, Aspen, Colorado. Aileen (15) days prior 10
the hearing a public nollce olthe hearing shall be
pub"shed In II newspaper 01 general cirCulation
within the City 0/ Aspen.
lNTRODUCEO, REAO AND ORDERED PUB.
IJSHED as provided by law, by the CIlY Council of
the City ol.Aspen on the II day 01 Aprli, 1994.
John Bennett, Mayor
AlTIST: Kathryn S. Koch, City Clerk
Pubnshed \n The Aspen TImes AprUl, 1994.
ORDINANCE No.13
(SERIES OF 1994)
AN ORDIN~NCE OF THE CITY Of' ASPEN
GRANTING GMQS EXEMPTION FOR niE CON-
STRUCTION Of TWO AFFORDABLE HOUSING
UNITS FOR TIlE mE TENTH.MOUNTAIN TRAILS.
ASSOCIATION AND GRANtiNG VfSTEO RIGHTS
FOR A PERIOD OF TfJREE YEARS FOR THE
DEVElOPME.Nr LOCATFD AT 1280 lTTE AVENUE
(tOT 16 CAllAHAN SlJBDMSION)
WHEREAS, purslUinl'to~Uon,24-3-104(C)(I)(c)
at the Aspen Municipal Code, City Council may
exempt deed restricted affordable housing unlb
from Growth Management Quota System (GMQs)
competition; and
WHEREAS, pursuant to Section 24-6-207 01 the
Aspen Municipal Code, Cuy Council may grant
vesllng of development rights for a slle specWc
~Iopment plan for a period ollhree yean from
the date 01 nnal development plan approval; and
WHEREAS, Fredric A. and Fabienne Benedict
(MAppllcant"), as represented by Sunny Vann,
submlUed an application to the Planning Office
requesUnsGMQS Exemption for the construcUon
of two affordable housing unlls to voluntarily
hoU$C employees 01 the Tenth Mountain Tralls
Assoclallon; alKI
WHEREAS, Lot 161:1 zoned Rural Residential
and aI'ordable housing Is a cOflditlonaJ use in this
zone dlstrtct; and
WHEREAS, lhe Planning and Zoning Comm!,..
.ton considered the applicant'. request at a pub-
lic hearing on March 22, 1994, and approved the
applicant's request lor conditional use and SPA
amendment as outlined In Planning and ZOning
Commission Resolution 93-..;
WHEREAS~ the Planning and ZOning Commis-
sion voted 5.a to recommend approval to Cl1y
Counclllhe CMQS Exemption for the develop-
ment oJ a CategOry 2 studio unit and a Category 3
two bedroom unit wIthIn a new outbuilding on
the property.
NOW. THEREFORE, BE IT ORDAINED BY TIlE
CITY COUNCIL OF TUE CITY OF ASPEN. COL-
ORADO;
Section I: That II does hereby grant GMQS
ExempUon for two Affordable Houslllg units to be
located on Lot 16 01 the CaJlahan Subdivision pur-
suant to Section 24-S-104(C)O)(c) 01 the Aspen
Municipal Code. .
SecUon 2: The conditions of approval which
apply to thts GMQS exemption are:
l. A landscaping plan shall be submllled to the
Planning Office and Parks Department for review
and approval prior to Issuance of a building per-
mil lor lhe new structure. Any trees over six Inch-
es In diameter require a tree removal pennit and
should be detalted 011 the landscaping plan. Co....
stroctlon occurring around existing trees should
be protected alld no digging In the drlpline 01 the
trees Is pennllled.
2. The bulldlnil permit appllcallon package shall
contain a leller by a rClllstered engineer that lhe
structure has been designed 10 withstand
avalanche\oads.
3. C~tt1ng Into the Ute Avenue pavement for
Ullllty InstallaUon shall be kept to a minimum.
4. The applicant shall coruult city engineering
(920-50l:10)for deSltlll considerations 01 develop-
mellt within publh; rlght-ol.way, parks depart.
ment (921).5\20) lor vegetation species, and shall
obtain permits for any work or development,
Including landscaping, within public r1ghts.of;way
from city streets department (920.5IJO).
5. The building permit plans shalllnelude a
detailed drawing ollhe trash area, recyde area,
utility meters, and other uUllty facilities.
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MEMORANDUM
TO:
Mayor and City council
THRU:
Amy Margerum, City Manager
Diane Moore, City Planning Directo~
Mary Lackner, Planner
THRU:
FROM:
DATE:
April 11, 1994
Powder House Condominium (Tenth Mountian Division) Final
SPA Development Plan Amendment, GMQS Exemption, and
Vested Rights- First Reading of Ordinance 13-, 1994
RE:
---------------~-------------------------------------------------
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SUMMARY: The Planning Office recommends approval of the request
for a SPA Development Plan Amendment to vary the front and side
yard setbacks and the minimum lot area requirements of Lot 16 of
the Callahan Subdivision; GMQS exemption for two on-site
affordable dwelling units; and vested rights of this development.
PREVIOUS COUNCIL ACTION: Ordinance 25, Series 1993 approved an SPA
overlay on Lot 16 of the Callahan subdivision. The SPA overlay was
put in place to rectify the non-conforming status of the existing
professional office building located on the parcel. This SPA site
plan identified a portion of the property for future affordable
housing.
BACKGROUND/PROJECT DESCRIPTION: The applicant, Fredric A. and
Fabienne Benedict, represented by Sunny Vann, has submitted the
application so that the Tenth Mountain Trails Association can
construct two fully deed restricted affordable dwelling units on
the property to house their employees. A Category 2 studio and a
Category 3 two bedroom unit are VOluntarily being provided.
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
section 7-804 (E) (2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. Staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
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Please refer to the application text and drawings, Exhibit "A".
The project is located at 1280 Ute Avenue, which is also known as
Lot 16 Callahan Subdivision. The lot is zoned RR (rural
residential) with a SPA (specially planned area overlay) and is two
acres in size.
Referral comments from the Aspen Consolidated Sanitation District,
Aspen Fire Protection District, City Engineer, Housing Office,
Parks Department, and Water Department are included as Exhibit "B".
CURRENT ISSUES: Staff discussion of the GMQS Exemption review and
SPA Amendment criteria is contained in Exhibit "C". Staff and the
Commission believe that this proposal is consistent with the
requirements of section 24-8-104 (C) (1) (c) for the provision of
affordable housing and section 24-7-804(E) (2) for the SPA Amendment
of the Aspen Municipal Code.
Section 24-6-207 dictates the process and ordinance language
requirements for establishing vested rights for three years.
RECOMMENDATION: The Planning commission and staff recommend
approval of the SPA Amendment and GMQS Exemption for two fully deed
restricted affordable housing units and vested rights subject to
the following conditions:
1. A landscaping plan shall be submitted to the Planning Office
and Parks Department for review and approval prior to issuance
of a building permit for the new structure. Any trees over
six inches in diameter require a tree removal permit and
should be detailed on the landscaping plan. Construction
occurring around existing trees should be protected and no
digging in the dripline of the trees is permitted.
2. The building permit application package shall contain a letter
by a registered engineer that the structure has been designed
to withstand avalanche loads.
3. Cutting into the ute Avenue pavement for utility installation
shall be kept to a minimum.
4. The applicant shall consult city engineering (920-5080) for
design considerations of development within pUblic right-of-
way, parks department (920-5120) for vegetation species, and
shall obtain permits for any work or development, including
landscaping, within public rights-of-way from city streets
department (920-5130).
5. The building permit plans shall include a detailed drawing of
the trash area, recycle area, utility meters, and other
utility facilities.
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6. The applicant shall sign and record deed restrictions for each
unit, restricting the units as Category 2 for the studio and
Category 3 for the two-bedroom, along with the other
conditions listed in the deed restriction. The Housing Office
must have the recorded book and page number prior to the
issuance of any building permits.
7. The applicant shall submit the revised final development plan
which illustrates the specific location of the proposed
structure. The final development plan shall be recorded
within 180 days of this approval.
8. All material representations made by the applicant in the
application and during public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
PROPOSED MOTION: "I move to have first reading of Ordinance ,
1994 for approval of the Powder House Condominium SPA Amendment,
GMQS Exemption for two fully deed restricted affordable housing
units, and vested right approval, subject to the conditions
recommended in the April 11, 1994 Planning Office memorandum."
CITY MANAGER COMMENTS:
Ordinance
Exhibits:
, 1994
tlA" -
"Blf -
Application Packet
Referral Comments (Aspen Consolidated Sanitation
District, Aspen Fire Protection District, City Engineer,
Housing Office, Parks Department, and Water Department)
SPA Amendment and GMQS Exemption criteria
May, 1993 Final SPA Development Plan
"C" -
"0" -
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MEMORANDUM
TO:
Pl~nning and Zoning commission
FROM:
i
Ma~y Lackner, Planner
I
,
10~h Mountain Division Hut Association/Powder House
Condominium Final SPA Development Plan Amendment and GMQS
I .
EXE1mptl.on
RE:
DATE: Be13'1:'tiQ.L.l' 23, 1994
==========~~~!=E~==============================================
SUMMARY: T~e applicant is seeking approvals to permit the
construction I of two (2) on-site affordable housing units and
approximatel~ 600 sq. ft. of garage and storage space for the 10th
Mountain Div~sion Hut Association.
To accommoda~e this request the applicant has addressed section 7-
804 (E) (2) for a SPA Amendment and section 8-104 (C) (1) (c) GMQS
. '
Exemptlon. .
APPLICANT: IBenedict Land and Cattle Company (Fredric A. and
Fabienne Ben~dict), represented by Sunny Vann.
i
LOCATION: Lit 16 Callahan Subdivision, which is located at 1280
ute Avenue. iThe parcel contains two acres.
,
ZONING: Rur~l Residential (RR) with SPA overlay.
APPLICANT'S REQUEST: The applicant is requesting GMQS exemptions
for a two be~room dwelling unit and a studio unit, both fully deed
restricted.
PROCESS: The Planning commission will review the applicant I s
request for ,the SPA amendment at a public hearing and makes a
recommendatiqn to City Council for the GMQS Exemption. City
Council willi review the GMQS Exemption and Vested Rights at two
readings.
REFERRAL CO~ENTS: The following referral comments have been
received by ~he Planning Office and are included in Exhibit "B".
Aspen c~nsolidated Sanitation District
Aspen Fire Protection District
City Engineer
Housing 'Office
Parks Department
Water D~partment
STAFF COMMENTS: Lot 16 of the Callahan Subdivision is presently
improved with an office building, a one bedroom accessory dwelling
unit and several out buildings which are used for storage.
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SPA Amendment
The proposed housing units are to be located within one structure
within the affordable housing building envelope identified on the
Final SPA Development Plan which is recorded in Book 33 Page 77.
This building is located at the southeastern portion of the lot
and will require setback variances for the front and side yards.
The applicant is also seeking a variance from the minimum lot area
per dwelling unit requirements, because the RR zone district
requires a minimum of two acres per dwelling unit.
section 7-804 (E) (2) of the Municipal Code permits substantial
amendments to a Final SPA Development Plan provided that "the
proposed change is consistent with or an enhancement of the
approved" plan. staff believes that the issue of affordable
housing was addressed during the Final SPA review procedures as the
building envelope for affordable housing was established. The
voluntary provision of affordable housing meets community goals.
section 7-804 (D) (2) of the SPA regulations permit dimensional
variances from the underlying zone district if the variation
complies with section 7-804(B) , the review standards for
development in a specially planned area (SPA). Compliance of these
review standards follow:
1. Whether the proposed development is compatible with or
enhances~he mix of development in the immediate vicinity
of the parcel in terms of the land use, density, height,
bulk, architecture, landscaping and open space.
Response: The adjacent land uses include residential, office, and
a recreation club. The ute Park Subdivision, which will include
4 free market and 7 deed restricted units, is located across ute
Avenue from this property. The proposed employee housing structure
will meet the height requirements of the RR zone district and will
be landscaped. This development will be compatible with the
surrounding land uses.
2. Whether sufficient public facilities and roads exist to
service t~e proposed development.
Response: Holy Cross Electric Association, the Water Department,
Rocky Mountain Natural Gas, u. S. West, and Aspen Consolidated
Sanitation District have all indicated that there is capacity to
serve this project.
The city Engineer has expressed concern that all utility hookups
be provided outside of the pavement, as much as possible, due to
the new pavement and drainage improvements on ute Avenue.
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3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
Response: The applicant has indicated that the property is located
within the "Blue Zone" of the ute Trail avalanche path. The Blue
Zone, or potential-hazard zone, is the transition zone between high
hazard and no hazard, and includes avalanches that are either small
or infrequent. The applicant has retained Art Mears to provide
site specific mitigation recommendations for the proposed building
envelope. The proposed structure has also been designed to shed
or divert any avalanche flow.
Although the city has approved the ute Park Subdivision which is
within the ute Trail avalanche path, staff does not believe
development is appropriate in any avalanche path.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes,
avoid adverse environmental impacts and provide open
space, trails and similar amenities for the users of the
project and the public at large.
Response: The new structure has been designed to minimize exposure
to the avalanche path. A bike/pedestrian trail and fishing
easement already cross the property and there is a sufficient
portion of the property retained as open space.
5. Whether the proposed development is in compliance with
the Aspen Area comprehensive Plan.
Response: The proposed project is consistent with the AACP, as it
provides fully deed restricted affordable housing by the private
sector.
6.
Whether the proposed development
expenditure of excessive pUblic funds
facilities for the parcel, or
neighborhood.
will require the
to provide public
the surrounding
Response: No expenditure of public funds will be required to
provide public facilities for the proposed development.
7. Whether proposed development on slopes in excess of
twenty (20) percent meet the slope reduction and density
requirements of Section 7-903(B) (2) (b).
Response: There are no slopes of twenty percent or greater on the
property, therefore, the slope density reduction requirement is
not applicable on this parcel.
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8. Whether there are sufficient GMQS allotments for the
proposed development.
Response: There is no quota on the number of GMQS allotments
available for fully deed restricted affordable housing. This
project will need a GMQS exemption by City Council for the
development of fully deed restricted dwelling units.
GMQS Exemption for an Affordable Housing unit
The applicant is proposing to construct a two bedroom, two bath 960
sq. ft. unit restricted to Category 3 guidelines and a 410 sq. ft.
studio unit restricted to Category 2 guidelines. These units are
voluntarily provided by the applicant. They are not required for
housing mitigation.
section 8-104(C) (1) (c) allows city Council to exempt affordable
housing units based on the need for the unit, their compliance with
the adopted housing plan, the type of unit, and the price category
to which the unit will be restricted.
The Planning Office believes that the applicant I s request to
construct these two fully deed restricted affordable dwelling units
is consistent with the adopted plans and regulations of the city
of Aspen.
STAFF RECOMMENDATION: The Planning Office recommends approval of
this application subject to the following conditions of approval:
1. A landscaping plan shall be submitted to the Planning
Office and Parks Department for review and approval prior
to issuance of a building permit for the new structure.
Any trees over six inches in diameter require a tree
removal permit and should be detailed on the landscaping
plan. Construction occurring around existing trees
should be protected and no digging in the dripline of the
trees is permitted.
2. The building permit application package shall contain a
letter by a registered engineer that the structure has
been designed to withstand avalanche loads.
3. Cutting into the ute Avenue pavement for utility
installation shall be kept to a minimum.
4. The applicant shall consult city engineering (920-
5080) for design considerations of development within
public right-of-way, parks department (920-5120) for
vegetation species, and shall obtain permits for any work
or development, including landscaping, within public
rights-of-way from city streets department (920-5130).
4
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5. The final development plan shall include a detailed
drawing of the trash area, recycle area, utility meters,
and other utility facilities.
6. The applicant shall sign and record deed restrictions for
each unit, restricting the units as category 2 for the
studio and Category 3 for the two-bedroom, along with the
other conditions listed in the deed restriction. The
Housing Office must have the recorded book and page
number prior to the issuance of any building permits.
7. All material representations made by the applicant in
the application and during public meetings with the
Planning and Zoning commission shall be adhered to and
considered conditions of approval, unless otherwise
amended by other conditions.
RECOMMENDED MOTION: "I move to approve the SPA Amendment to permit
the setback and lot area variances for the two affordable dwelling
units. I further move to recommend approval to Council for the
GMQS Exemption with the conditions recommended in the Planning
Office memo dated March 22, 1994."
EXHIBITS:
nAil _
"B" -
Application Information
Referral Comments (ACSD, Aspen Fire Protection District,
City Engineer, Housing Office, Parks Department, Water
Department) .
5
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r-, CITY OF ASPEN !DIz~/r3
... .m-APPLICATION CONFERENCE ~y EXHYAI't'1
PROJECT~ /01f. MTN &r~. Ctf!. -Sill f~J~~
APPLICANT'S REPRESENTATIVE: 7.d1A /J:(fJ.AfI--
REPRESENTATIVE'S PHONE: ;:;.,. 1./5" ~ f
OWNER'S NAME: )011.. /rfi;;.., / ~/(
2.J.~~y &-M1l5 EX~t: ~ 4~p. 1-/56-
1. Type of Application: T~?A 'lJ61r/~, 51ft V~~ lJ:t!!c
. /.. an..t '1rr~.
2. .~ Describe action/type of development being requested: !/~
;Z~ 7-I:J.45/J,o(2LAtJds). ~Cuxkj/U aJ:wiu4
. If..-r't..h (~ I' /n"fIS;/e
. . ., ./U I" rnL/\ 5-rno.-r. M-- .~ ~ h
"D.K'G. . lof1t MilJ #~A,o- ..
3. Areas is which App~icant haS . been requested. to respond,
types of reports requested:
Po~icy Area/
Referral Aaent
&n~,
#:5& .
rJ~
4/!Appj;
Hvo
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riA f)
Comments
Iij J}; ~j4~i00
4.
~ then to c~
5.
Review is: (P&Z Only) (CC only)
.. . -/-7#2- (
Publ~c Hear~ng: ~ . NO)
Number of copies of the application to be submitted: I Z,
)//1 (if /lsv)
6.
7.
What fee was applicant requested to submit:
8.
Anticipated date of submission:
9.
COMMENTS/UNIQUE CONCERNS:
frm.pre_app
American land Tltl'. AssociatiOn Commitment. ~fllld 10/73
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EXHIBIT 2
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
'm '~
I, 1
STEWART TITLE GUARANTY COMPAN~, A Texas,Corporation, herein called the Company, for
valuable consideration, hereby commits to lssu.e its pOlicy?r policies of title insurance, as identified in
Schedule A, in favor of the proposed Insure~:Lr~m~m~!:\,~ule A,~s owner or mortgagee ofthe estate
or interest covered hereby in the land!=lescribedot:referred to in Schedule A, upon payment of the
premiums and charges therefor; all subjectt~ the'iiro~is!(irso!Schedules A and B and to the Conditions
and Stipulations hereof. . .i::;.:t'::Cj;~1;jt.~;;~;]~~f jt~;
This Commitment shall be effective only':wlillJJ,:tJ\~~td,en.!i~: of "We proposed I nsured and the amount
of the policy or policies committed for have:beei'riiiSertild,.iiiSchedule A hereof by the Company,
. .,I........_.......'.._._,....~..... ':',"'.
either at the time of the issuance of this Commitment o(by subsequent endorsement.
t~~.(..,.., ....~.:: ,{~~~j~~ii...:.<;.
This Commitment is preliminary to t1iiliSsuance of such"pc>iicy or policies of title insurance and all
liability and obligations hereunder shalLc!i8seand termih~iesix months after the effective date hereof
or when the policy or policies commlttet:lfor shall isSUe/whichever first occurs, provided that the
failure to issue such policy or policiefis notthefaulf"of the Company. This Commitment shall not be
valid or binding until countersigned by'ariauthcirizedcifflcer or agent.
. . -,:..;;~\~: ,!~~' . , . " ' . , !
e. ',t
.1
165
Sanoir)' (~I COlltmc/
Serial No. (.1601- .261809
.
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SCHEDULE A
ORDER NUMBER: 00018715c2
1. EFFECTIVE DATE: December 02, 1991 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TBD
PROPOSED INSURED: TO BE DETERMINED
B. ALTA LOAN POLICY $ TBD
PROPOSED INSURED: TO BE DETERMINED
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
FREDRIC A. BENEDICT, FABIENNE BENEDICT AND BENEDICT LAND AND
CATTLE COMPANY
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
, Lot 16, CALLAHAN SUBDIVISION, according to the recorded Plat
thereof.
County of Pitkin, State of Colorado
OWNERS:
MORTGAGEE:
TAX CERT.
$
TBD
TBD
10.00
.'
;L1Wl~ 11rq-
AUTfioRIZED~ GNAT E
STEWART TITLE OF
ASPEN, INC.
602 E, HYMAN
ASPEN, COLORADO 81611
303 925-3577
FAX 303~W14RT TITLE
GUA.RANTY COMPA.NY
99C
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SCHEDULE B - SECTION 1
ORDER NUMBER: 00018715C2
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT{S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Release of Deed of Trust dated April 12, 1974, executed by
Fredric A. Benedict, Fabienne Benedict and Benedict Land and
Cattle Company, a Colorado Corporation, to the Public Trustee of
Pitkin County, to secure an indebtedness of $275,000.00, in
favor of First Colorado Corporation, a Colorado Corporation,
recorded April 15, 1974 in Book 286 at Page 93.
2. Evidence satisfactory to Stewart Title Guaranty company,
rurn~SJlea Dy tne urr~ce or tne u~rector or ~'~nance, (..~ty or.
Aspen tnat tne rOllow~ng taxes nave Deen pa~d, or tnat
conveyance is exempt rrom sa~d taxes:
( 1) The "Wheel er Real Estate Transfer U'ax ,. pursuant ura~nance
No. 20 (Series of 1979) ana lotI 1'ne "Hous~ng J:<eal ~;state
Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
3. Deed from Fredric A. Benedict and FaD~enne ~enea~ct, vest~ng fee
simple title in purchaser{s).
4. Deed from Benedict Land and Cattle Company, vesting fee simple
title in purchaser{s).
5. Deed of Trust from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
STEWART TITLE
GUARANTY COMPA.NT
99C
99C
,
,.....
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SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00018715C2
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, 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 PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. 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.
9. Reservations and exceptions as set forth in Patent recorded June
17, 1949 in Book 175 at Page 246 as Reception No. 96480 which
recites the following: First: That the grant hereby made is
restricted in its exterior limits to the boundaries of the said
mining premises and to any veins or lodes of quartz or other
rock in place bearing gold, silver, cinnabar, lead, tin, copper
or other valuable deposits, which may have been discovered
within said limits subsequent to and which were not known to
exist on the twenty-third day of March A.D. one thousand eight
hundred and eight-five. Second: That should any vein or lode
or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper or other valuable deposits be claimed or known to
exist within the above described premises at said late-named
date, the same is expressly excepted and excluded from these
presents. Third: That the premises hereby conveyed may be
entered by the proprietor of any vein or lode of quartz or other
rock in place bearing gold, silver, cinnarbar, lead, tin,
copper or other valuable deposits, for the purpose of extracting
and removing his ore from such vein or lode, should the same,
or any part thereof, be found to penetrate, inters~~~.~~ss
through, or dip into the mining ground or premisS'.l~RT TITLE
Continued on next page GUARANTY COMPANY
~
.~
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
P.M.
17. Easement and right of way to oonstruot, repair and maintain a
sewer line as granted to Benediot Land and Cattle Company,
Fredrio A. Benediot and Fabienne Benediot by The City of Aspen
in the instrument reoorded May 19, 1976 in Book 312 at Page 158
as Reception No. 183910, affecting the following described
property: A parcel of land situated in the East 1/2 of Section
18, Township 10 South, Range 84 West of the 6th P.M.
18. Easement and right of way for access as granted to Robert S.
Goldsamt by Fredric A. Benedict, Fabienne Benedict and Benedict
Land and Cattle Company in the instrument recorded May 19, 1976
in Book 312 at Page 200 as Reception No. 183920, affecting the
following described property: Parcel of land situated in the NW
1/4 SE 1/4 of Section 18, Township 10 South, Range 84 West of
the 6th P.M.
19. Easement and right of way for a recreational trail as granted to
The Board of County Commissioners of Pitkin County by Fredric
A. Benedict, Fabienne Benedict and Benedict Land and Cattle
.. Company in the instrument recorded September 25, 1975 in Book
.303 at Page 452 as Reception No. 178013.
20. Any lien that may attach upon vesting of title in the party
to be insured.
NOTE: Stewart Title of Aspen, and/or Stewart Title Guaranty
Company neither assume, nor will be charged with any liability
under this Committment until such time as the name of the
proposed insured and the amount of insurance are made known
to the Title Company.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exoeption No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1990 Policy
form. Copies of the 1990 form Policy Jacket, setting forth said
continued on next page
STEWART TITLE
GUA.RA,NTYCOMPA.NV
99C
.
99C
,
i""""
r-,
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
terms, conditions and exclusions, will be made available upon
request.
STEWART TITLE
GUARANTY COMPANY
,
1280 UTE AVENUE
ASPEN 81611
COLORADO
(303) 925-3481
.
BENED~ LAND & CATTLE COMPANY
,'-"
EXHIBIT ~
December 9. ! 99:
Pf.ter Looram
10th Iv10untaln Division Hut Association
1280 Ute Avenue
Aspen, Colorado 81611
Dear Mr Looram.
As owners of the Benedict office building property, located at
1280 Ute Avenue, Aspen. Colorado, I give the 10th Mountain
Division Hut Association authority to apply for the approval to
construct a but ldlng for use by 10th Mountain and its
employees,
Sincerely. 0 ,.,' L2-
~q ~. 0Ac-/t?,!(l'/V
Fritz and Fabi Ben'edict
Ya&;euucY )a-u/-~clt;J- (~c -10 I l:7fJV
8€A/I=P/CT L.4A/.f) ~ CI't7TLe- cO
Py ~~.... nviJ~ (d'-C-I"'/~~
Fio.ep,Rlc BENej)ICT / ,PI<ES.
7~~ ~'C/ ~"'-/O I /3~.v
FA,g I e:N'iVE BE/'f4:z>lc-r; .;3ECteET ~y
.
1"".
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EXHIBIT 4
1280 Ute Avenue' Aspen, Colorado 8IGn
303/925-5775 RES E R V A TI 0 N 5 . 303/925-4554 0 FF ICE' 303/925-5317 FAX
December 9, 1993
Sonny vann
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
Dear Mr vann,
The purpose of this letter is to give you the authority to represent the 10th
Mountain Division Hut Association in its application for permission to
construct a buflding for use by lOth Mountain and its employees to be
located on property currently owned by Mr. and Mrs, Fritz Benedict.
4elY~
Peter Looram
Executive DIrector
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r-,
EXHIBIT 10
ARTHUR I. MEARS, P.E., INC.
Natural Hazards Consultants
222 East Gothic Avo.
Gwmison. CoIomIo 81230
303-641.3236
July 29,1993
Mr. Dave Schweppe
10th Mountain
1280 Ute Ave.
Aspen, CO 81611
RE: Proposed building, SE Corner of Lot 16, Callihan Subdivision, Aspen.
Dear Mr. Schweppe:
This letter provides my opinion about the feasibility of building a house or other building
designed to resist avalanche loads at the above address. The site is located at the edge of the
runout zone of the "Ute Trail" avalanche path and will be reached by powder blast and light
flowing snow and entrained debris during design magnitude "100-year" return period
conditions.
I have not completed the required analysis to determine the design avalanche energy and
velocity at the building site, however, based on my experience at numerous other sites in
North America, I feel building at this location would be feasible for the following reasons:
a. Avalanche velocity and energy are small at this site;
b. Avalanche-induced static and dynamics loads would also be small;
c. Structural reinforcement of the building would be required, but could easily be
designed to accommodate the loads; and
d. Because avalanche frequency at this location is smali (avaianches have never been
observed at this site), the exposure of people would present a small risk.
Please contact me if you have any questions.
Sincerely,
OJ- /tlR-QUf
Arthur I. Mears, P.E.
Avalanche-control engineer
Ene!.
MQ8I Waiting . At1aIanchu .. Aoalanche Control Engineering
t""\
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RE: TENTH
CONDOMINIUMS
EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the Tenth Mountain Division Hut Association on behalf
of Fredric and Fabienne Benedict and the Benedict Land and Cattle
company, 1280 ute Avenue, Aspen, CO, requesting approval of an
amendment to the Final SPA Development Plan and GMQS Exemption for
two affordable housing units. The property is located at 1280 ute
Avenue; Lot 16, Callahan Subdivision. For further information,
contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S.
Galena, Aspen, CO 920-5106
a/Bruce Kerr. Chair
Aspen Planning and Zoning commission
Published in the Aspen Times on February 11, 1994
PUBLIC NOTICE
MOUNTAIN DIVISION HUT ASSOCIATION/POWDER
FINAL SPA DEVELOPMENT PLAN AMENDMENT AND
HOUSE
GMQS
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
~~ fi-~ur in
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c\28 SlAJ
^ ,^,
". ASPEN/PITKIN PLANNING OFFL ~
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 28, 1994
Sunny Vann
Vann Associates
230 E. Hopkins
Aspen, CO 81611
Re: 10th Mountain Division Hut Association/Powder House Condominiums Final SPA
Development Plan Amendment and GMQS Exemption
Case A3-94
Dear Sunny,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920-
5106.
Sincerely,
~
Administrative Assistant
apz.ph
^
I; ,
,~
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Housing Director
Aspen Water Department
Electric Department
Parks Department
Streets Department
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Mary Lackner, Planning Office
10th Mountain Division Hut Association/Powder House Condominiums Final
SPA Development Plan Amendment & GMQS Exemption
Parcel ID No. 2737-181-32-020
January 28, 1994
FROM:
RE:
DATE:
Attached for your review and comments is an application submitted by the 10th Mountain
Division Hut Association.
Please return your comments to me no later than February 15.
Thank you.
f"'"".
I""'t,
MESSAGE DISPLAY
TO MARY LACKNER
From: Bill Earley
Postmark: Jan 31,94 11:39 AM
Status: Previously read
subject: 10TH MOUNTAIN DIVISION HUT ASSOCIATION
Message:
THIS PROJECT IS NOT IN MY ELECTRIC SERVICE AREA. THEREFORE I HAVE NO
COMMENTS ON THIS PROJECT. THANKS. YOU CAN CONTACT HOLY CROSS ELECTRIC
ASSOCIATION FOR THEIR COMMENTS.
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