HomeMy WebLinkAboutLand Use Case.341 Park Ave.A102-95
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 11/06/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-074-00-028 A102-95
STAFF MEMBER: LL
PROJECT NAME: Colas Investments Desian Review Aooeal
Project Address: Parcel A. off Park Avenue at Reaent Street
Legal Address:
APPLICANT: Colas Investments. Inc. (310) 205-0406
Applicant Address: 9718 1/2 Oak Pass Rd.. Beverlv Hills. CA 90210
REPRESENTATIVE: Svlvio Tabet clo Paul Taddune. Attornev
Representative Address/Phone: 323 W. Main st.
Asoen. CO 81611 925-9190
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$NO Fee
# APPS RECEIVED 8
# PLATS RECEIVED 8
TYPE OF APPLICATION: STAFF APPROVAL: ___ 1 STEP: XX- 2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
CC Meeting Date
PUBLIC HEARING: YES
VESTED RIGHTS: YES
NO
NO
DRC Meeting Date
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
city Electric
Envir.Hlth.
,Zoning
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
;~;~~=;;;;~;~7================~~;;=;;;;;~7=:;jq7q~===~;~;~~~7~=
1
___ city Atty ___ city Engineer ___zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
~k ~01.1
-0v~
MEMORANDUM .
TO:
Design Review Appeal Committee
FROM:
Leslie Lamont, Deputy Director
DATE:
November 9,1995
RE:
Colas Investments, Parcel A off of Park Avenue
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SUMMARY: This parcel is located off of Park Avenue. It is accessed via an 'access
easement through the Dieder Bibbig property which is located at the corner of
ParklGibsonlMidland A venues. The property is in between Dieder's to the east and
Garrish Park to the west. The Roaring Fork River is to the south and several multi-family
apartment buildings abut the property to the north.
Due to the odd shape of the parcel and the unique location of the parcel in relation to the
public right of way, the applicant is seeking initial review of the residential design
standards as they pertain to street oriented requirements only. Because the parcel is
accessed from Park Avenue via an access easement through the Bibbig property parcel,
the applicant is questioning the relevance of the standards that pertain to the "street".
Because these design standards are the cornerstones for the rest of the design, the
applicant has elected to pursue a DRAC review prior to further design of the structure.
Staff will review a complete development proposal to determine compliance with the
residential design standards, once these baseline site design issues are .resolved.
Variations from the following residential design standards are being requested:
I. Building Orientation -
--the orientation of the primary mass parallel to the street;
street oriented entrances;
--the width of the house must be 5 ft. greater than the width of the garage
along its street facing frontage; and
--the garage must be set back 10 ft. furtherJrom the street than the house.
2. Building Elements -
--all residential buildings must have a one-story street facing element at
least 20% the building's overall width
3. Build-to lines -
--if 75% or more of the residential buildings on the face of a block are
within two feet of a common front setback line a minimum of 60%
of the project's front facade must also be within 2 feet of that front
setback
4. Inflection to a one-story element
5. Garages and Driveways -
--all portions of the garage shall be recessed 10ft. behind the front facade
6. Areaways-
--all areaways on the street facing side of a building must be entirely
recessed
Except for the request to vary the Inflection design standard, staff has strictly interpreted
the Guidelines with reference to the "street". Many of the design guidelines make
reference to the building's orientation to the "street" and staff believes that due to the
lack of a traditional public right 'Of way that the design orientation of the homes should
not be forced in any particular way. As a result, staff believes that the design guidelines
that refer to the "street" are not applicable. However, because many of the design
elements pertain to a thoughtful orientation of residential structures in relation to their
neighboring structures and other parcels, staff recommends that the architect choose an
orientation and compose the remaining residential design elements around that
orientation. For example, orientation could be toward the river or Garrish Park.
Staff cannot waive the design guidelines. That is the purview of the Design Review
Appeal Committee, hence this review and staff's recommendation that the applicant be
granted variances from the above listed guidelines.
The applicant has also requested a variance from the inflection requirement. Staff does
not agree that due to the lack of a public right of way that the building shall not inflect
down to the one-story element of the adjacent home. Criterion B. of the Inflection
standard refers to structures on both sides of the building. It appears from the submitted
plans that the applicant has complied with the inflection requirement although the
submitted letter requests a waiver of the inflection requirement. Staff does not
recommend a variance of the Inflection criterion
Attachments
A. Application
EXHIBIT A
TADDUNE & GUEST
ATIORNEYS AT LAW
323 WEST MAIN STREET, SUITE 301
AsPEN, COLORADO 81611
PAUL J. TADDUNE, P.C.
WILLIAM K GUEST, p,c.
TELEPHONE (970) 925-9190
FACSIMILE (970) 925-9199
A~DREW H. BUSCHER
OF COUNSEL
November 2, 1995
Aspen/Pitkin Community Development Dept.
130 S. Galena st.
Aspen, Colorado 81611
RE: parcel A, Off park Avenue at Regent street
To Whom it May Concern:
,
As attorney-in-fact for Colas Investments, LLC, c/o sylvio
Tabet, 9781 ~ Oak Pass Road, Beverly Hills, CA 90210, I hereby
authorize Jan Derrington, Charles Cunniffe Architects, 520 East
Hyman Avenue, Aspen, CO, Tel. no. (970)920-6825 to act as
representative of Colas Investments, LLC, and Sylvio Tabet, to act
as the representative of and to act on behalf of Colas Investments,
LLC, and sylvio Tabet, with regard to development application
pertaining to that property cohveyed by Deed dated May 2, 1995,
recorded in the real estate records of Pitkin County on May 3, 1995
in Book 779 at Page 900.
Paul J. Taddune
~"Q)G~
PJT:ns
cc: Sylvio Tabet
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ARCHITECTURE
PLANNING
November 1,1995
INTERIORS
Mr. Stan Clauson
Aspen Planning Director
City of Aspen
130 S. Galena street
Aspen, Colorado 81611
RE: Ordinance 30 Review
Two Detached Single Family Residences
Parcel A Off Park Avenue
Aspen, Colorado
Dear Stan:
Pursuant to our telephone conversation on October 23, 1995, We are submitting
herewith an application for review of our request for variance and/or exemption from
several of the "Residential Design Standards of Ordinance 30". We would like to be
placed on the agenda for the November 9, 1995 meeting of the Design Review Appeals
Board.
Enclosed you will find our documentation in support of our application. Please let me
know if you require additional information. Thank you for your cooperation.
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CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN' SUITE 301 . ASPEN, COLORADO 81611 . 970/925.5590 FAX 970/925.5076
EXHIBIT E - PAGE 1 OF 2
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October 31, 1995
ARCHITECTURE
PLANNING
Colas Investments, Inc.
Two Detached Single Family Residences
Riverside Site Off Park Avenue (Parcel A)
Aspen, Colorado
Project #9534
INTERIORS
Revised Zoning Code Review Analysis
1. Current Zoning: R-6 (PUD) Medium Density Residential
2. Lot Size: 0.302 Acres (13,155 SF)
3. Permitted Uses:
a) Detached residential dwelling
b) Duplex
c) Two detached residential dwellings on lot of 9,000 SF or greater
4. Minimum Lot Size: 6,000 SF
5. Minimum Lot Area per dwelling unit:
Single detached residential dwelling: 6,000 SF
Duplex or two detached residential dwellings: 4,500 S/unit
6. Minimum front and rear yard:
For principal buildings: 30 fl total with a minimum of 10 fl each side
7. Minimum side yard:
For Lots over 10,000 SF:
15 fl. each side min.,
35 fl total plus 1 fl.
for each additional 400 SF
13,155 -10,000 = 3.155 = 7.89 fl + 35 = 42.89 fl Total
400
8. Maximum site coverage:
For Lots of 12,000 - 18,000 SF area:
25% minus 1 % for each additional 1,200 SF
13,155-12,000 = 1.155 =.96%
1,200
25% - .96% = 24.04%
13,155 SF X .2404 = 3,162.46 SF Maximum
CHARLES CUNNIFFE ARCHITECTS' 520 EAST HYMAN. SUITE 301 . ASPEN. COLORADO 81611 . 970/925-5590 FAX 970/925-5076
EXHIBIT E - PAGE 2 OF 2
Revised Zoning Code Review Analysis
Page Two (2)
9. Maximum height:
Principal building(s): 25 fl
10. Minimum distance between buildings on the lot: 5 fl
11. Minimum open space: No requirement
12. External Floor Area Ratio (FAR):
a. Lot Area (Ordinance 30 slope reduction):
This parcel has approximately 3,290 SF of ~s area in slopes greater than 30%.
Therefore, the provision to exclude up to 25% maximum of the land area from FAR
calculation is invoked.
13,155 SF x .75 = 9,866.25 SF
b. Two detached Residential Dwellings or One Duplex:
(9,000 to 15,000 SF lot area)
4,080 SF plus 69SF for each additional 1 00 SF
9,866.25 - 9,000 = 866.25 = 8.66
100 x6
51.96 SF
4,080.00 SF
+ 51.96 SF
4,131.96 SF allowed FAR above grade'
'If there is a walk-out basement or any light wells which exceed 100 SF, the percentage
of exposed wall area will determine the extent to which the floor area will count toward
FAR. Also see Note C.
c. Accessory Dwelling Un~s:
The Aspen Planning Director has determined that each of the single family residences
may have an A.D.U. which will be deed restricted under the Roaring Fork Housing
Authority. Accordingly, each residence will be allowed bonus FAR for 50% of the A.D.U.
gross area up to a maximum of 250 SF per unit.
13. Garages:
A garage of up to 250 SF is allowed per dwelling without counting toward FAR. From
250 SF to 500 SF, garage floor area counts as.5 FAR (up to 125 SF of FAR for a 500
SF garage). Any garage area over 500 SF counts as full FAR area.
14. The extent to which Ordinance 30 bulk and maSSing regulations and definitions will be
applied is subject to the determination of the Design Review appeals Board (DRAB) in
our scheduled hearing at their next meeting on November 9, 1995.
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IAND USE APPLICATICN :E1JRM
~) Project Na:ae Two deta.ched sinalf'familv residences
2) Project I.ocation Parcel A. off Park AVf'nlJe at Reaent Strppt, fitJI nf
Aspen, Colorado (SEE ATTACHED EXHIBITS B AND C)
(in:licate ",L..=<t ad1L=, 1ct & bl=k J:1l"*'-, legal. de.sc:cipti.cn ~
~~.i..a:t:e)
P.L .L Za1in;o R-6 (PUD) 4) I.ot siZe 13.] ~~ SF
(SEE ATTACHED EXHIBIT E)
J\rt" ;,-".nt's Name, l'iklL=,> & :Eb:xle"# Colas Investments.. Inc.
9718 1/2 Oak Pass Road, Beverly Hills" CA 90210; (310) 20B-040~
3)
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S)
6) ~ tl.d:Live's Name, A1:h. -& Bxne I Sylvio Tabet clo Paul Taddune. Attorney,
323 West Main Street, Aspen, Colorado, 970/925-9190
7} Type of 1I[:pl.icati.a1{r'= $eCk all that ~Y):, d.,
_ ~,,' ReI7:i.ew
_ O.u_<:j,'Lua.l SPA
Fma1. SPA
_ ~ B1staric 1JeV.
Final H:istaric IleIT.
_ 0::nfi.t:i.ala1 Use
.;
8040 Greenlina
_ a...~Lua.l :roD
Fma1. :roD
Minar H:istaric IleIT.
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_ stream MaI:gin
H:ist:or.i.c ~, ;:tion
_ z.buntain y.i.ew Plane ...:- ,Slm:i:v:is:i.cn
Histatic ~; :tion
_ , 'Jl'"Ia
~ ,O:r.Idcmini.umition' _' '.I.'ex1;IMap ~...:Iwc."t _ ~ A1J..otJIe:It
- I.ot..;;<;p,~ Li.z:e ,~ Design Review' - QQS ~
~Jl.l:"., Appeal Board
8) Desc:ript:i.cn of Ex:istin; Uses' (J"O....r.e<r am :' t;ype of exist:it:q st:rucb:II:es;
~ sq. ft.; ""--.- of L-A........,,;, any previ.ws ~ gz:anted to the
prcperty).
None
9) D=scciption of Develq.ueLt Awlica:tion
Two detached sinqle family residpn~ps nn a parrp] nf hnn frg'IRtiR9 9A tAt::
RoarinqFork River,that isa~~pssprl via R,rl..rl.~~Rsem~Rt ~Crgss tAe
residential lot to the east, currently owned bv Dieter Biggig.
10) Have ycu attadJed the follo;.r.in;J?
~ Respoose to Attad1ment 2, M:iniJJ:um sn1;wni=dmCorlt:ents
~ ~lSe to A~nt 3. ~f;'" !':nhni=im Corlt:ents
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A'I''I'ACHMEN'I' 2
Minimum submission Contents for All Development Applications
All Development Applications shall include, at a minimum, the
following information and materials:
1. The applicant's name, address and telephone number, contained
within a letter signed by the applicant stating the name,
address and telephone number of the representative authorized
to act on behalf of the applicant.
(SEE ATTACHED LETTER LABELED EXHIBIT A)
2. The street address and legal description of the parcel on
which the development is proposed to occur.
(SEE ATTACHED WARRANTX!6EED TITLE COMMITMENT LABELED EXHIBIT B)
3. A disclosure of ownership of the parcel on which the
development is proposed to occur, consisting of a current
certificate from a title insurance company, or attorney
licensed to practice in the state of Colorado, listing the
names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to
apply for the Development Application.
(SEE ATtACHED WARRANty DEE~TITLE COMMITMENT LABELED EXHIBIT B)
4. Graphics submitted for "Residential Design Standards"
checklist review. Eight sets of full size blueprints of all
required drawings and one reduced set of the same drawings are
needed. (See attachment 3, Specific Submission Requirements)
(SEE ATTACHED DRAWINGS LABELED EXHIBIT C)
5. A written explanation of the requested variance and a
discussion of why a variance would be appropriate and would
not compromise the intended goals of the residential design
standards. The applicant may provide any offsetting design
features that may mitigate impacts of the variance requested.
(SEE ATTACHED LETTER LABELED EXHIBIT D)
6. The following criteria will be used by the Board when granting
a variance from the Residential Design Standards:
a) yield greater compliance with the goals of the Aspen
Area COl!ll11unity Plan; and
b) more effectively address the issue or problem a given
standard or provision responds to; or
c)
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be clearly necessary for reasons of fairness related
to unusual site specific constraints.
minimum. sub
~ ',.,
Attachment 3
specific Submission Requirements
Sheet 3.
Required Drawings
Neighborhood Block Plan at 1" = 50'
Show front portions of all existing buildings on
both sides of the block and their setback from the
street, in feet. Identify parking and front entry
for each building locate accessory dwelling units
and alleys, if any.
(SEE ATTACHED DRAWINGS LABELED EXHIBIT C)
Requ~red Draw~ngs
site Plan at 1/16" = 1'0"
Show ~round floors of all buildings on the subject
parcef" as proposed, and footprints of adjacent
buildings for a distance of at least 100 feet from
side property lines. Show topography with 2'
contours (for your site only).
(SEE ATTACHED DRAWINGS LABELED EXHIBIT C)
Requ~red Draw~ngs
1. Street Elevation at 1/16" = 1'0"
Include elevations of the proposed project and at
least two adjacent buildings on both sides. Include
windows, front doors and roof line.
2. Additional Project Elevations at 1/8" = 1'0"
(as needed) .
(SEE ATTACHED DRAWINGS LABELED EXHIBIT C)
Photographic Panorama
Photographic panorama should show elevations of all
buildings on both sides of your block, including
present conditions of your building site. Label
photos and provide loose or mounted on a
presentation board.
Sheet 1.
Sheet 2.
Sheet 4.
(TO BE SUBMITTED AT D.R.A.B. MEETING)
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EXHIBIT ~ - PAGE 4 OF 12
Form 1766
Commitment Face Page
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First America.n Title Insura.nce Compa.ny
FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or
referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules
A and B and to the Conditions and Stipulations hereof. .
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance
of this Commitment or by subsequent indorsement. '
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli-
gations hereunder shall cease and terminate six (6) months after the effective pate hereof or when the policy or policies
committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault
of the Company. This Commitment shall not be valid or binding until countersigned by, an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment, to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment
is effective as of the daie shown in Schedule A as "Effective Date."
ASPEN TITLE CORPORATION
600 Easl Hopkins Avenue, Suite 305
Aspen, CO 81611
(303) 920-4050
Fax: (303) 920-4052
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Agent for:
First American Title Insurance Company
First American Title Insurance Company
BY if~x! ~ PRESIDENT
ATTEST /?laM )( ~ SECRETARY
COUNTERSIGNED
BY
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COMMITMENT
SOlEOOLE A
EXHIBIT B - PAGE 5 OF 12
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ANNE J3URRaolS
MIlSON & MJRSE ASPEN
514 EAST HYMI\N AVE
ASPEN ex> 81611'
1. Effective Date:
OC/dc
April 4, 1995 at 7:00 AM
Order No. 403891 -C4
Custaner Reference HEINEMAN
2. AIlrA Owner's Policy
PJ:qlosed Insured:
llIrount:
PAUL TAWNE, ncminee for an urXIisclosed principal
3. lILTA Loan Policies
Proposed Insured:
llIrount: $
RAILROAD SAVIN3S BANK, FSB
Proposed Insured:
llIrount: $
4. '!be estate or interest in the land des=ihed or refen:ed to in this Ccmni tment and
covered herein is:
FEE SIMPLE
and title thereto is at the effective date hereof vested in:
PETER HEINEMAN
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issued by:
Aspen Ti tie Corporation
600 E. Hopkins Avenue, #305
Aspen Co., 81611
Fax (303) 920-4052
(303) 920-4050 Denver 595-8463'
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Owner's Premium: $
lender's Premium: $
, Add' 1 lender Q1g: $
J\dd'l ClJarges: $
Tax Certificate: $
Endorsenent Q1g: $
TBD ClJarges: ' $
TOTAL OIDRGES: $
FIRST AMERICAN TITLE INSURANCE o::MPANY
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. EXHIBIT a - PAGE 6 OF 12
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COMMITMENT
SOIEOOLE A (CXJIltinued)
Plat id No.
Order No. 403891 -C4
5. '!be land referred to in the Ccmni 1ment is covering the land in the state of
Colorado, County of Pitkin , des=ibed as follCMs:
PARCEL A:
A tract of land situated in the Southwest one-quarter of the Southeast
one-quarter of Section 7 ClOO the Northwest pne-quarter of the
Northeast one-quarter of Section ,18, all in TC1.'Il1Ship 10 South, Range
84 West of the 6th P.M. being a part of The MJllie Gibson Lode
(U.S.M.S. No. 4281 J\rreOOed) and part of The lone pine Lode (U.S.M.S.
No. 1910), described as follows:
Beginning at Corner No. 3 of said MJllie Gibson Lode;
thence North 38'00'00" East, 100.00 feet along Line 2-3 of said MJllie
Gibson Lode to the llOst Westerly =rner of lot 2, Surmy Park
Subdivision;
thence South 43'40'00" East, 114.00 feet along he Southwesterly line
of said lot 2;
thence South 46'20'00" West, B6.00 feet;
thence Squth 43'40'00" East, 32.60 feet;
thence South 52'40'00" West, 34.33 feet to a point on Line 3-4 of said
MJllie Gibson Lode;
thence North 34'17'00" West, 6.86 fee-t along said Line 3-4 to the
intersection with Line 2-3 of said lone Pine Lode;
thence North, 44'30'00" West, 92.80 feet along said Line 2~3 to Corner
No. 2 of said Lone Pine Lode;
thence North 45'30'00" East, 16.70 feet along Line 1-2 of said lone
Pine Lode to the intersection with Line 3-4 of said MJllie Gibson
Lode;
thence North 34' 17 ' 00" West, 28.90 feet along said Line 3-4 to The
Point of Beginning
and also
PARCEL B:
A road easenent situated in the Southwest one-quarter of the Southeast
one-quarter of Section 7 and the Northwest one-quarter of the
Northeast one-quarter of Section 18, all in TC1.'Il1Ship 10 South, Range
84 West of the 6th P.M., being a part of MJllie Gibson Lode, U.S.M.S.
No. 1910, and part of lot 3, Surmy Park Subdivision, being 20.00 feet
in width lying 10.00 feet on each side of the fOllowing described
oenterline;
Beginning at a point, on the Southeasterly line of said lot 3 wherce
Corner No. 3 of said MJllie Gibson Lode bears North 71' 45 ' 19" West,
298.26 feet;
thence 28.61 feet along the arc of a cw:ve to the right having a
raditJEl of 30.00 feet; I .
(Continued) I I
FIRST AMERICAN TITLE INSURANCE CCMPANY
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EXHI BIT Bi - PAGE 7 OF 12
LEX>AL DESOUPl'ION (CXlI1tinued)
Order No. 403891 -C4
1:tenoe 42.00 feet along the arc of a curve to the left having radius
of 140.00 feet;
1:tenoe North 66" 55'00" West,57.00 feet;
1:tenoe ,16.23 feet along the arc of a curve to the right havi,ng a
radius of 40.00 feet;
1:tenoe'North 43"40'00" West, 32.00 feet to a point on the
Southeasterly line of the Bancker property. \, ,
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FIRST lIMERIClIN TITLE INSURl\NCE CCMPANY
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, EXHIBITB - PAGE 8 OF 12
COMMITMENT
SOlEIlULE B
Order No. 403891 -C4
Section 1
~
THE FOLUM.fNG ARE THE ~ TO BE cn1PLIED wrrn:
Item (a) Paynent to or for the a=unt of the grantors or nortgagors of the full
=nsideration for the estate or interest to be insured.
Item (b) Proper inst:runent(s) creating the estate or interes't to be insured must be
executed and duly filed for recom, to wit:
1. Deed fron PlITER HEINEMAN to PAUL TADUNE, as nan:inee for an undisclosed
prirclpal.
OOl'E: Duly executed real property transfer declaration, executed by either
the Grantor or Grantee, to a=npany the Deed rrentioned above, pursuant to
Article 14 of House Bill No. 1288 - CRA 39-14-102.
2. Deed of Trust fron PAUL TADUNE, naninee for an undisclosed pri=ipalto the
Public Trustee of Pitkin County for the use of RAILROAD SAVINGS BANK, FSB ,
to secure $250,000.00 . '
3. EVidence satisfactory to the o::mpany or its duly authorized agent either (a)
that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of
1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen,
Colorado have been paid, and that the liens imposed thereby have been fully
satisfied, or (b) that Certificates of Exemption have been issued pursuant to
the provisions thereof.
NOTE: Vestee subject to C.R.S., 38-30-108, 1973, as amended.
A CERl'IFICATE OF TAXES DUE LISTING EAOl TAXING JURISDICTION SHALL BE OBI'AINED
FRCM THE' <:xxJNrY TREASURER OR THE <:xxJNrY TREASURER'S AUTIlORlZED AGENT PURSUANT
'ro 1983 C.R.S., 39-1-102 (14.5) AT A 0lARGE OF $10.00 EAOl TO THE CUSTCMER.
THE CMNERS POLICY, WHEN ISSUED, WILL CONTAIN THE FOLlOIIING ENOORSEMENT
FOOM(S) , PROVIOED 'I'HJ\T APPLICABLE SGIEDULED OlARGES IN THE AM:XJNI'(S)
FOLlOIIING EACH ENOORSEMENT ARE PAID 'ro THE CCMPANY OR ITS OOLY AUTIlORIZED
AGENT.
8.1 $30.00.
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FIRST AMERICAN TITLE INSlJRAla CXMPANY
COMMITMENT
'E,XHIBIT B' - PAGE 9 OF 12
SOIEDULE B
Section 2
EKCEPTlONS
Order No. 403B91 -C4
'l1le policY or policies to be issued will oontain exceptions to the following matters
unless the saI\lB are disposed of to the satisfaction of the Calpany:
Arr:l1oss or damage, including attorney fees, by ~n of the matters shown below:
, \
1. lmy facts, rights, interests, or claims which are not shown by the public records
but which cx:>uld ascertained by an inspection of said land or by making inquil:y of
persons in possession thereof.
2. Easerrents or: claims of easerrents, not shown by the public records.
3. ,Dis=epancies, =nflicts in boundary lines, shortage in area, encroachnents, and
any other facts which a =rrect survey would disclose and which are IXlt shown by
the public records.
4. !my lien, or right to a lien for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records. '
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective date
hereof, but prior to the date the proposed insured acquires of record for value the
estate or interest or nortgage thereon covered by this Canui tment.
6. Taxes due and payable; and any tax, special assessnents, charge or lien imposed
for water or sewer service, or for any other special 'taxing district.
7. Right of the Proprietor of a Vein or lDde to extract and rerrove his ore therefran,
sh:luld the saI\lB be found to penetrate or intersect the premises hereby granted, as
reserved in United States Patent recorded May 20, 1949, in Book 175 at Page 169 and
in Book 175 at Page 171. '
8. !my and all mining and mineral rights as reserved in the Deed fran The Lore Pine
Mining Canpany to Harry W. Poschman and Jane E. Poschman recorded November 10,
1958, in Book 185 at Page 492.
9. Water Agreement between John L. He:n:on and The Royal Land Corporation recorded
November 20, 1964, in Book 210 at Page 206.
10. lmy rights, interests or easerrents in favor of the State of Colorado, the United
States of AIrerica, or the general public, which exist or are claimed to exist in,
over, under and/or a=ss the waters and present and past bed and banks of The
Roaring Fork River.
11. Vestee Subject to C.R.S. 38-30-108, 1973, as arrerx'led.
(Continued )
"
'i
FIRST AMERICAN TITLE INSURANCE CCMPANY
, EXHIBIT B - PAGE 10 OF 12
EXa:PTIONS (=tinued) Order No. 403891 -C4
12. 'Any and all unredeerredtax sales.
OOI'E: Upon receipt of a Certificate of Taxes Due evidencing that there are =
existing open tax sales, the above exception will not ,appear on the policies to
be issued hereunder.
,
,
I
FIRST .AMERICAN TITLE INSURAN:::E CCMPANY
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, EXHIBIT B - PAGE 12>OF 12
I-.-.JTICE TO PROSPECTIVE BUYEfI_
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89-2)
A. "GAP" PROTECTION
When First American Title Insurance Company or its authorized agent, (hereinafter referred to as "Com-
pany"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in
a single family residence and for disbursing funds necessary to complete the transaction, the Company shall
be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear In
the pUblic records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the
Policy, provided the fOllowing conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully -executed Affidavit and Indemnity form signed by the seller and satisfactory to the Com-
pany is in the possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances ac-
tually known to the proposed ,insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis. pendens, liens or other title encumbrances to purchasers for
value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer' of a single family residence, you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six month$ prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity
form satisfactory to the Company. '
If there have been construction, Improvements or major repairs undertaken on the property to be pur-
chased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satis-
factory to the Company; and, any additional requirements as may be necessary after an examination of the
aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHIIIIG HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED. ' :
C-3 (Commitment Notice)
Colorado
EXHIBIT C
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PARCEL A 3. B
ZONING MAP
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October 10,1995
8e~'hlJ oJ e
"..... . 3~rf1!:4.
Mr. Stan Clauson
Planning Director
City of Aspen
Aspen, CO 81611
ARCHITECTURE
PLANNING
INTERIORS
'"
RE: Planning Staff Review of Ordinance 30
Residential Design Standards for
Riverside Residential Lot off Park Avenue
Dear Stan:
Thank you for meeting last Friday with John Wheeler and me to review the implications of
Ordinance 30 on this land parcel. As we discussed, it does not front on a city street but has
access via a driveway easement to Park Avenue, The entrances will actually face the backs of
two residences that front on Park Avenue. There is one house to the east side and a dedicated
park on the west side. The back of the lot is along the Roaring Fork River. Thus, it is obvious
that this parcel does not frt several of the Residential Design Standards for Neighborhood
Character.
As you suggested, we are submitting herewith our request for exemption from those standards
which we believe are not applicable for a residential development on this parcel as follows:
1. Building Orientation
a) The orientation of the principal mass of all buildings must be parallel to the street they
face (etc.).
We believe this is not applicable due to the lack of a city street per our opening
paragraph. The units would face the access driveway along the northerly lot line,
b) All single family homes (etc.), must have a street-oriented entrance and a street facing
window,(etc.).
The entrances would face the access driveway but we believe the street-oriented
principal window is not applicable for the reason stated for Standard 1.a. above.
c) For single family homes (etc,) the width of the house must be at least five (5) feet greater
than the width of the garage along its street facing frontage.
We believe this standard is not applicable for the reason stated for Standard 1.a. above.
d) For single family homes (etc.) the garage must be setback ten (10) feet further from the
street than the house.
We believe this standard is not applicable for the reason stated for Standard 1.a. above.
CHARLES CUNNIFFE ARCHITECTS. 520 EAST HYMAN AVENUE. SUITE 301 . ASPEN. COLORADO 81611 .303/925-5590 FAX 303/925-5076
,
Mr. Stan Clauson
October 10,1995
Page Two (2)
e) Multiple unit residential buildings, (etc.).
Not applicable (not multi-unit).
f. Front units of multiple unit residential buildings, (etc.).
Not applicable (not muiti-unit).
2. Building Elements
a) All residential buildings must have a one-story street facing element (etc.) at least 20% of
the building's overall width.
We believe this standard is not applicable for the reason stated for Standard 1.a above.
3. Build-To Lines
a) If 75% or more of the residential buildings on the face of a block where a project is to be
located are within two (2) feet of a common front setback line (etc.).
We believe this standard is not applicable for the reason stated for Standard 1.a above.
b) Corner Sites
Not applicable (not a corner site).
4. Inflection
a) If the street frontage of an adjacent structure is one story in height (etc.).
We believe this standard is not applicable for the reason stated for Standard 1.a above.
5, Garages and Driveways
a) All portions of a garage (etc.) parallel to the street shall be recessed behind the front
facade a minimum of ten (10) feet.
We believe this standard is not applicable for the reason stated for Standard 1.a above.
6. Areaways
a) All areaways (etc.) on the street facing side of a building must be entirely recessed
behind the vertical plane established by the portion of the building which is closest to the
street.
We believe this standard is not applicable for the reason stated for Standard 1.a above.
'<'"'"'"
Mr. Stan Clauson
October 1 0, 1995
Page Three (3)
In conclusion, we believe that the remainder of the Residential Design Standards in Ordinance 30
are generally applicable and we intend to comply with for this project We do, however, request
that one of the Specific Submission Requirements on the checklist be waived. That is, the
requirement of a street elevation at 1/16" = 1 "0" scale including two adjacent buildings on both
sides of the proposed project. There is only one adjacent building (and no street frontage). We
have provided photographic color prints to show the "neighborhood character" for your review.
We believe it would be an inappropriate imposition on the neighbors to field measure their houses
in order to provide an accurate "street elevation".
We appreciate your attention to this request for review and hope that you will concur with our
interpretation. Please do not hesitate to call if you have any questions or require more
information.
Sincerely, f\
"'...."'" /Y.'i (~
J ver Derrington, AlA
oject Architect
Enclosures