HomeMy WebLinkAboutLand Use Case.1035 E Durant Ave.A042-00
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A042.00
2737-182-64001
Day Subdivision/ PUD Insubstantial Amendment #2
1035 E, Durant
James Lindt
Insubstantial PUD
Precision Construction/Glenn Gazely
Same
4/28/00
Approved
5/1/00
J, Lindt
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PARCEL 10:'j':::;":57 18~.64C:;'1
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304,070, "Development Orders", and Section 26,308,010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein,
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304,075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26,308.010, After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below,
Aspen-Day Family Partnership LLLP, C/o Precision Construction, 2043 16th St" Boulder, CO
80302
Property Owner's Name, Mailing Address and telephone number
Lots A-I, Block 40, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
Insubstantial PUD Amendment
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative Decision,A/28/2000
Land Use Approval(s) Received and Dates (Attach Final Ordinances or,Resolutions)
May 6, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
May 7, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308,010 of the City of Aspen
Municipal Code,)
Issued this 7th day of May, 2000, by the City of Aspen Community
nopment Direftor,
T o_~~ Joz.,.~
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots A-I, Block 40, City and Townsite of Aspen, by
administrative decision of the Community Development Director on April 28, 2000,
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S, Galena St, Aspen, Colorado (970) 920-5090,
s/City of Aspen Acoount
Publish in The Aspen Times on May 6, 2000
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MEMORANDUM
.TO:
Julie Ann Woods, Community Development Director
FROM:
James Lindt, Planning Technician Cf"L-.
RE:
Day Subdivision Insubstautial PUD Amendment
DATE:
April 28, 2000
SUMMARY:
Aspen-Day Family Partnership LLLP, and FBD Management, Inc" represented by
Precision Construction Inc" has applied for an insubstantial amendment to an
approved PUD for the Day Subdivision parcel located at 1035 East Durant Avenue,
This request is to demolish an existing, non.conforming cabin on the northwestern
most portion of the parcel and replace it with a new, slightly larger structure, The
parking that is being provided on the site for the adjacent apartment building is also
being upgraded to covered parking with the construction of carports over the existing
platted parking spaces,
The applicant proposes to pay cash. in. lieu rather than build an ADU to satisfy the
GMQS Exemption that is required pursuant to section 26.470,070 of the City of
Aspen Land Use Code, The amount of the cash-in. lieu payment shall be determined
by the Aspen/Pitkin County Housing Authority,
Staff has reviewed this proposed amendment and recommends administrative
approval by the Director, with conditions,
APPLICANT:
Aspen Day Family Partnership LLC, And FI3D Management Inc" Represented by
Precision Construction Inc,
LOCATION:
1035 East Durant Avenue,
ZONING:
R-MF PUD
REVIEW PROCEDURE:
Insubstantial amendments to an approved PUD may be approved by the Community
Development Director, pursuant to Section 26.445.100,
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The
application has been included as Exhibit "B," The referral agency comments have
been included as Exhibit "c,"
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RECOMMENDATION:
Staff recommends the Community Development Director approve this Insubstantial
PUD Amendment for the demolition of the cabin and the reconstruction of a new,
slightly larger residential structure with seven conditions as proposed below,
ApPROVAL:
I hereby approve this Insubstantial Amendment to the Day Subdivision PUD as
proposed with the following eight conditions,
1. Within six (6) months of the date of this approval, the applicant shall amend the
final plat to, reflect amendment which have been approved since the original PUD
approval. This shall include any changes to approved street names,
,,2, The applicant must pay the Cash-in-lieu payment amount that is determined by
the AspenlPitkin County Housing Authority and is stated in Exhibit C,
3, The applicant shall work cooperatively with the Parks Department and submit a
new landscape plan if any trees or vegetation is too be disturbed during
construction,
4, The City of Aspen Drainage criteria needs to be implemented for any additional
drainage flow created by the additions, This includes but is not limited to
additional erosion control, soil stabilization, and vegetation disturbance,
5, Right-of-way permits and temporary encroachment licenses shall be required
during construction.
6, A fugitive dust control permit will be required during construction,
7, The applicant shall not track mud onto City streets during construction, A mud
rack must be installed during construction,
8, The new structure must comply with all aspects ofthe Residential Design
Standards set forth in Section 26.410 of the City of Aspen Land Use Code,
date ~g/=-
e Ann Woods, Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the condition of
this approval and certify the information provided in this application is correct to the
best of my knowledge,
Gl nn Gazely, Precis'
Representing Aspen.
LLLP,owner,
date JWM
n C ction Inc.
amily Partnership
ATTACHMENTS:
Exhibit A -. Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C .. Referral Comments
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Exhibit A
Review Criteria
Insubstantial pun Amendment.
I, A change in the use or character of the development.
Staff Finding:
With this proposed amendment, the use and intensity remains the same as
approved by the original PUD, Staff does not believe that the amendment
changes the character of the development in a way which necessitates review by
the Planning and Zoning Commission and Council.
2, An increase by greater than three (3) percent in the overall coverage of structures on
the land,
Staff Finding:
There will only be a 2,6% change in the land coverage on the parcel.
3, Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities,
Staff Finding:
Trip generation and demand for public infrastructure are not affected by this
change,
4, A reduction by greater than three (3) percent ofthe approved open space.
Staff Finding:
The amount of open space will be reduced by only 1.3% by the proposed
amendment.
5, A reduction by greater than one (I) percent of the off-street parking and loading
space,
Staff Finding:
The applicant is not requesting an amendment to the existing or required number
of parking spaces,
6, A reduction in required pavement widths or rights-of-way for streets and easements,
Staff Finding:
The applicant is not proposing changes to right-of-way widths,
7, An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings,
Staff Finding:
The applicant is not proposing changes to a commercial building,
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8, An increase by greater than one (I) percent in the approved residential density of the
development.
Staff Finding:
The applicant is not proposing a change in the residential density,
9, Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements,
Staff Finding:
The proposed amendment is consistent with the project's original approval,
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MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer
Date: April 18, 2000
Re: 1035 E. Durant Street
1, If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
2, The City drainage criteria needs to be implemented, This
includes but is not limited to erosion control, soil stabilization, and vegetation
disturbance, Also, there needs to be an analysis of where the drainage will flow
and what adverse affects may arise from potential mud and debris flow,
3, The applicant shall not track mud onto City streets during construction, A washed
rock or other style mud rack must be installed during construction,
4, ROW permits and Encroachment licenses will be required during construction if
applicable,
5, A Fugitive dust control permit will be required during construction, '
Approvals
1, Engineering:
The applicant receives approval from the City Engineering
" Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way,
2, Parks:
The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for pUblic trail disturbance,
3, Streets:
The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways,
Obtain R.O,w. permits for any work or development, involving
street cuts and landscaping from the Engineering Department.
4, Permits:
APR. 10,2000 8:30AM ASPEN HOUSING OFC
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MEMORANDUM
RE:
James Lindt, Community Development Department
Cindy Chrfslensen, Housing Office
April 10,2000
1036 East Durant PUD Insubstantial Amendment
ParcellD No. 2737-182-64-001
TO:
FROM:
DATE:
ISSUI!: The applicant Is requesting the calculation of a payment-In-lieu fee,
BACKGROUND: According to Section 26.470.70, B, 1, an applicant can request an
exemption by providing one of three options:
1. providing an accessory dwelling unit;
2. paying the applicable affordable housing Impact fee; or
3, reCOrding a resident ccoupied deed restriction on the single-family dwelling unit
being constructed.
Currently, the mitigation requirement is $42.67 per square foot.
RECOM~I5NDA110N: The applicant gets credit for the existing structure, therefore, the
payment-ln-lleu fee that would be due is caloulated below:
ExIsting Structure
New Structure
Additional
2,795
3.229
434
434 additional square feet X $42,67 payment-in-lieu fee .. ~
Therefore, a total of $18,518.78 is due for this new stnJcture, However, the Housing
Board does prefer on-site housing first, then off-slte housing, followed by the payment-In-
lieu option.
clc:h\warlI\r8fen811103ll0llurpll
TO:
FROM:
RE:
DATE:
COMMENTS:
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MEMORANDUM
Plans were routed to those departments checked-off below:
V.......... City Engineer '
o ..,........ Zoning Officer
~..,....... Housing Director
o ........... Parks Department
" 0 .........., Aspen Fire Marshal
o .........., City Water
0........... Aspen Consolidated Sanitation District
o ........... BuildingDepartment
o .........., Environmental Health
o ........... Electric Department
o .......,... Holy Cross Electric
o ........... City Attorney
0.......,... Streets Department
o .........., Historic Preservation Officer
o .........., Pitkin County Planning
James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920,5104 Fax-920,5439
1035 E. DurantIPUD Insubstantial Amendment
Parcel ID 2737-182-64-001
March 31, 2000
No DRC required unless referral agencies request it.
Please return comments to me by April 14, 2000,
The main reason why this case has been referred to the Housing
Authority is because the applicant would like to pay cash-in-lieu of
and Accessory Dwelling Unit. We would like the Housing
Authority to please calculate the amount required for the cash-in-
lieu payment that the applicant is required to pay,
Thank You,
James Lindt
j
WILLIAM j, SAWr AND ASSOCIATES
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ARCHITEcrURE AND PLANNING
Date ~ March 27, 2000
Mr. Chris Bendon
Aspen Planning Department
Aspen, Colorado
Subject:
Revision to the 1035 Durant subdivision PU D
Mr, Bendon,
Attached are the revised plans and additional documentation that you require for the Insubstantial
Amendment to the subject project. In addition to the land use application, it's noted attachments
and corresponding fee deposit, the following information is being provided, at your request:
Exhibit 1 -
Special Warranty Deed (copy form original PUD submittal)
Exhibit 2 -
Chart demonstrating the compliance for the proposed design with the current residential
design standards for the City of Aspen, This chart also reviews of the previously
approved design solution for this project within the context of the current residential
design standards,
Exhibit 3 -
A letter, signed by the general partner of the LLLP, authorizing the named individuals
and staff of Precision Contruction to work on the behalf of the LLLP,
Exhibit 4 -
Commitment for Title Insurance (copy form original PUD submittal)
Exhibit 5 -
Revised site plan, showing the demolition footprin.t for the existing structure, the
footprint and first floor interior for the proposed structure, open space and area
calculations, and adjacent structures from the existing approved PUD at 1" ~ 10' scale
(sheet 1 of the building plans),
Exhibit 6-
The proposed floor plans and exterior building elevations for the proposed structure at
1/8" - 1 '..0" scale (sheets 2 and 3 of the building plans),
Additionally, we are providing one copy of the original 14 sheet set of the approved PUD, for review
and redline purposes with one of the authorized individuals,
6 copies of all exhibits and attached information are provided for the Insubstantial PUD, The LLLP
continues with its intent to pay the residential cash-in-lieu fee rather than develop a,n ADU,
Sincerely
4~
Kyle Callahan
Architect
2043 16TH STREET
BOULDER, co 80302
TEL' 303 786.7687
FAX: 303786,7691
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LAND USE ApPLICATION
PROJECT:
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Name:
Location:
103'5" J::Q..+ '"]J......"""i""' - c",b", 12..e.-.oo..lO'+.'o.....- ~q;{d;n7 II
163<<5'" -r;;:......-t- oJ! ~
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Name: 'ff.
Address: 2.0
Phone #:
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80 'So 2-
REPRESENTATIVE:
Name:
Address:
Phone #:
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TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic DeVl,
0 Special Review ~ Final PUD (& PUD Amendment) 0 . Final Historic Development
0 Design Review Appeal Conceptual SPA 0 Minor Historic Devt,
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane lSSJ 12a!::;"l:>e:".l-r....l- ~$'4'" ~
R Lot Split 0 Temporary Use m Other: ~""""^,c,
Lot Line Adjustment 0 TexliMap Amendment 'D1lo-e:cfOZ. .:91114JS e"ElHl""
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EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
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PROPOSAL: (description of proposed buildings, uses, modifications. etc,)
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Have you attached the following?
~APPlication Conference Summary
B" )lttachment # 1, Signed Fee Agreement -So!-<, '!-"'" ~ J) i.\- ~
g ;(esponse to Attachment #2, Dimensional Requirements Form
g ;te'sponse to Attachment #3, Minimum Submission Contents
Gr j1<esponse to Attachment #4, Specific Submission Contents
[9/Response to Attachment #5, Review Standards for Your Application
FEES DUE: $ 780
10/20/99 WED 1l'4~ I'AX
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PLANNER:
PROJECT:
REPRESENT A TTVE:
OWNER:
TYFEOF APPLICATION:
DESCRlPTION:
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920,5072
DATE: 10.19,99
Day Subdivision/PUD Insubstantial Amendment # 2
Glenn Gazley
Frank Day
o Step - Planning Director approval for an Insubstantial POO Amendment, Planning
Director exemption from Growth M1lnagement, Staff review for R.esidentialDesign
Standards,
The existing cabin on the western-most pomon of the property was originally to be
remodekd and expanded, 'The applicant now wishes to demolish the house and replace
with a new structure, The PUD amendment is required to accurately show the placemenl'Gf
the new structure on the parcel. The GMQS exemption IS required tQ,~lace a residence
after demolition, This can be accomplished by either a Accessory Dwelling Unit, which is
a conditional use in this zone district, or by paying a cash-in-lieu fee based on the difference
in FAR between the el(isting and proposed structure, The Residential Design Review is
required for all residential construction,
Based on conversation with the applicant, the attached application packet materials provide
for on insubstantial PUD amendment and a Director's (cash-in-Iieu) exemption from
GMQS,
Land Use Code Section(s)
26.445,100 PUD Insub~tantial Amendments
26.470,070 GMQS Exemptions
26,520 Accessory Dwelling Units
26.425 Conditional Uses {ADU}
26,410 Residential Design Standards
Re~iew by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff, referral agencies, Planning Director, If the applicant cheose to construct an ADU, the
planning and Zoning Commission will review the Conditional Use. all boards and public hearings
No - For Planning Director approved PUD Amendment and cash-in-lieu GMQS Exemption,
Yes - For Conditional Use ADU, Applicant must post property and mail notice at least 10 days
prior to hearing, or at least IS days priorto the public hearing if any federal agency, state, county,
municipal government, school, service district or other governmental or quasi-governmental
agency owns property within three hundred (300) feet of the property subject to the development
application, Applicant will need to provide proof of posting and mailing with a affidavtt at the
public hearing.
Engineering, Housing, Zoning, Fire Marshall
Planning Deposit Minor ($460)
Engineering, Minor ($160); Housing Minor ($160)
$780 (additiona! hours are billed at a rate of $1 85/hour)
To apply, submit the following information:
l. ' Proof of ownership,
2, Signed fee agreement.
3, Applicant's name, address and telephone number in a letter signed by the applicant which states the name.
address and telephone number ofthe representative authorized to act on behalf of the applicant,
4, Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
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the names of all owners of the property, and ali mortgages, judgments, liens, easements, contracts and agreements
affectulg the parcel, and demonstrating the owner's right to apply for the Development Application,
5, Total deposit for review of the application 7 '"",'
6, 6-16 Copies of the iOomplete applicatiOll packet and maps, (6 copies needed for insubstantial PUD
Amendment, additional 10 needed if proposing an ADv')
7, An S 1/2"byJ]" vicinity map locating the parcel within the City of Aspen,
8, Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado,
9, Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10, A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application, Please include existing
conditions as well as proposed, -;, e.e.- ~h', b ; +- ~-z.
I I, For Residential Proposals (Oni, 20):
a) Neighborhood block plan at )"=50' (available from City Engineering Department) Graphically show
the front portions of all existing buildings on both sides"ofthe block and their setback from the street in
feet, Identify parking and front entry for each building and locate any accessory dwelling units along the
alley, Indicate whether any porticns ofthe houses immediately adjacent to the subject parcel are one
story (only one living level),
b) Site plan at]>> = 10', Show ground floors of all buildings on the subject parcel, as proposed, and
footprints of adjacent buildings for a distance of 100' from the side property lines, Sl;ow topography of
the subject site with 2' contours, 4 or-; i i 1'0'<. \ -p, J.. P.
c) All building elevations at Jl8" = 1'.0,
d) 'floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the
"Primary Mass" standard,
<!Jt'\ ~l""\ e) Photographic panorama, Show elevations of all buildings 011 both sides ofthe block, including present
1". Vol;;" condition of the subject property, Label photos and mount on a presentation board,
]2, List of adjacent property owners within 300' for public hearing (only if proposing an ADD),
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right, .
,10/20/99 WIiD 11: 48 FAX
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ASPENlPlTKlN
COMMUNITY DEVELOPMENT DEPARTMENT
Aereem~nt foJ' Pavment ofCi(vof -\spen Develnprnent -lnnlic3tion Fees
A~'Pl!!:,.) -:1>_ '1"_,,-'( ~-n>""~::''''Ir- L..1...t...1'"
CITY OF ASPEN (hereinafter CITY) and l"'1!>:p MA!l.e..::,S:JI15...,.,.. I /oJ c.., 1 1="12-"''''1<- "S', "D""-V,
(hereinanor APPLICANT) AGREE AS FOLLOWS:
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I. APPLICANT has submitted to CITY an application :or .:r-_...Io..-+.....+.'" I -PIA t;;>
4(1Jj~1I1,..."'-'^t} ?/Arltli"'yD"I'&L.+$r pvcMr-rio,.., -r("(l~ ~M<p'5, ~ t"evl~i~
(heremanc" THE PROJECT), ..c 11..:.., J-e...+.....( -0..... :~,," C;;"jdd:..e.. -G"... 13", ;Id.,,?
I 6+ IO~," r::...,.+ V"..,,~-r S~".(;vl:;iO""
o APPLICANT undm!:mds and agree> that Cit)! of Aspen Ordinatlce No, ~9 (Series of i 998)
establishes a fee st:'UctUre for Land Use applications an" tile payment of all processing fees is a condition precedent
to a determination of application completeness,
3, APPLICANT and C;TY agree that b<:cause of the ,ize, narore or scope of the proposed projeCt. it
is not possible at this time to ,,",certain the full extent of the cosrs involved in processing !he appiication,
APPLICANT and CITY fJrther agree that it is in the imere51 of the parties that APPLICANT make payment of an
initial d.posit and to thereafter permit adtlit:onal costs to bo billed to APPLICANT on a monthly basis,
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be belleflted hy retaining greate, cash liquidity and will make additional pa~ments upon notification by the
erTY when they aro: n~cessa..'Y as casts are incurred. CITY agrees it wiII be benetited through the greater certainty
of recovering its full COStS to process APPLlCA:-IT'S application,
4, CfTY and APPL;CA~ 'T funher agree that it is impracticable for CITY Staff to complete
processing or present sufficient iniomlotion to the Planning Commission andlor City Council to enable the Planning
Commission and/or eit)' Council to make legally required :indings for project consideration, unless current hillings
are paid in fuli prior to decision,
5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of itS right to collect
rJlI fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount ofS 7~O woich is for hours of Community Development staff time, and if acrual
recorded costs exceed the initial deposit, APPLICA1'IT shall pay additional monthly billings to CITY to reimburse
lhe CITY for lhe processing of the application mentioned above. including post approval review, Such pdodic
payments shall be made within 30 days of the billing date, APPLICANT funher agrees that failure to pay such
accrued costS shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associatod with case processing have been paid,
By: ~-cL.tJ~ .
-Wiie Ann Woods .
p:cmmunity De~elopmeDt Director
APPLICANT "
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Date: " 2--~ cO--c
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CITY OF ASPEN
Mailing Address:
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: 3tL;IJ;~ I . IO'!>'5' 10",.+ 'D"""",~-t '~"...~J.;Vl'" ;001
A l' A ' /'
pp.lc~t: :'ffN 'PAV 'P.A~.,..^"e"''''-JJ of - ~IStO.J G<:>N""...,.--p"~'T/-&N, :C"'G,
LocatIOn: 10$"5 c:........-r 'D........... r
Zone District: 12-, M F
Lot Size: 15 i 5' 50
Lot Area: It>, 6-5"0
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes, Please refer to the
definition of Lot Area in the Municipal Code,)
Commercial net leasable: Existing:,J / />. Proposed: tJ jA
Number of residential units: Existing: , Proposed: J
Number of bedrooms: Existing: 2- Proposed:_., ,,_.._A..
Proposed % of demolition (Historic properties Ollly):~L
.e'x;",+;",!':: t::.......f-.....9 e>.Dt:>....ove-J. "FU.p
DIMENSIONS: I I , .u
..". IO'7c
Floor Area: Existing: 2 ,1'1'5" Aliowable:~.2:.froposed:n3 z.z..:J
Principal bldg. height: Existing:. -z..Z i- Allowable: '2..S1 Proposed: 2''3 ~ II II ~ 6/1'2. "P,rC-l
Access, bldg, height: Existing: ~/A Aliowable: ,J It:. proposed:~,J I A__
On-Site parking: Existing:.,nnnL Required: t:5 Proposed: '5"
% Site coverage: Existing: II, 1-% Required: Proposed: I :3,~?o
% Open Space: Exisling:~,.41oRequired: :30 ~/'oposed:_. :30,/Z
Front Setback: Existing: - D." Required: 10' _Proposed:~_
Rear Setback: Existing: 3.& ( Required: / 0 \ Proposed:! 0 I
Combined FIR: Existing: 55. '31 Required: ,to I Proposed: ZD ~
Side Setback: Existing:_. 16' Jl'Required: .5 I Proposed: ,,,' >1<, ~k>etw~~ hll
Side Setback: "t:'xisring: I b I Required: :;; , Propo$ed:.J:J-~ J
Combined Sides: Existing:_,.;Z.1d Required, Z-u '.,_ .Proposed: z.z..1
~ 30% By
O'!Z-I(f,,,,,,.,-
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Existin.ll non-conf9rrnities or encroachments: f...."...0<7\."-'~""''' ",-I- ;"'+0 .,q'O>,\+
rr-di '5~+~c;.L
Variations requested:
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Response to Attachment # 3 - Minimum Submission Requirements
1. Letter Provided - exhibit #3,
2, Street address - 1035 East Durant.
Legal Description - refer to enclosed special warranty deed, - exhibit #1,
3, Refer to enclosed special warranty deed - exhibit #1.
4, Attached
5, Refer to exhibit #7 - blueprint copy of original PUD sheet 3 - existing site survey,
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ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
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. ~:=:.
The street address and legal description of the parcel on which development is proposed
to occur, ~I 4.3
A disdosure of ownership of the parcel on which development is proposed to occur,
consisting of a cummt 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
mol1gages, judgments, liens, easements, contracts and agreements affecting the parcel,
and demonstrating the owner's right to apply for the Development Application..j,.~ 1
An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen,
~b
A site improvement survey including topography and vegetation showing the current
status ofthe parcel certified by a registered land surveyor, licensed in the State of
Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
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Comparable Land Sale Location Map
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Response to Attachment # 4 - Specific Submission Content - Insubstantial
Amendment to an Approved POO by Planning Director.
1. Existing Conditions on the property to be altered via the amendment:
The existing cabin located on the site (Building 1) had originally been proposed, with the approved
PUD, to be renovated and expanded. Further evaluation of the existing Cabin structure has revealed a
structural and foundation system that does not lend itself to renovation and addition. Further, the
existing structure is located within the setback; renovation activities per the accepted PUD indicated
the renovation would provide only a 2' setback.
The revised proposal shows the existing non-conforming and substandard buildingto be removed from
the site, with a new structure to be built in its existing location, and extending back into the site. The
new structure will conform to height, setback, massing, and other requirements per the City of Aspen
residential design requirements. The parking being provided on this site for the adjacent apartment
building will be upgraded to covered surface parking, which will enhance the site.
2. Site plan drawing per attached exhibit #5. Exterior elevation drawings and floor plans per attached
exhibit #6. Existing improvement site plan per attached exhibit #7.
3. Previous development approval per existing PUD - see attached exhibit #2.
4. Attached exhibit #2
5. Refer to responses to attachment #5.
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ATTACHMENT 4
Specific Submission Contents
Insubstantial AmendmeDt To Approved PUD
By Planning Director
The request for Planning Director approval of an insubstantial amendment shall contain the
following items:
/
./ l. A written description of the existing conditions on the propert)' which are requested to be
altered via the amendment.
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A.
Such site plan drawings or elevations as may be necessary 10 adequately evaluate the
proposed amendment.
A listing of all previous development approvals granted to the property, wiih the approximate
dates of said approvals.
A copy of any recorded document which affects the proposed development, including but not
limited to recorded plats, agreements and deed restrictions. If changes are proposed to said
recorded documents, these should be "red-lined" onto a copy of the original document.
5. Written responses 10 the review criteria for an insubstantial amendment. (attachment #5)
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ATTACHMENTS
Review Standards
Amendment to an Approved Planned Unit Development (PUD)
A development application to amend an approved PUD shall comply with the following standards
and requirements. Please respond to each of the review criteria.
I. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of structures 011 the land.
3. Any amendment that substantially increases trip generation rates of the proposed
. development, or the demand for public facilities.
4. A reduction by greater than three (3) percent of the approved open space.
5. A reduction by greater than one (1) percent of the off-street parking and loading space.
6. A reduction in required pavc;:ment widths or rights-of-way for streets and easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor area of
commercial buildings.
8. An increase by greater than one (I) percent in the approved residential density of the
development.
9. Any change which is inconsistent with a condition or representation of the project's original
approval or which requires granting a further variation from the project's approved use or
dimensional requirements.
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Response to Attachment # 5 - Review Standards.
I. Change in use or character:
No change.
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1,745 SF 115,550
2,141 SF 115,500
2. An increase in overall coverage of structures on the land (as related to the overall area of the
land)greater than 3%:
Original approved land coverage
Proposed land coverage
Change in percentage coverage - 2.6%.
3. Change in trip generation or public facilities demand:
No change.
4. A decrease in overall open space greater than 3%:
Original open space 4,886 SF 115,550
Proposed open space 4,676 SF 115,500
Change in landscape open to view percentage - 1.3%.
5. A reduction by greater than 1 % of offstreet parking 1 loading:
No change.
6. A reduction in required pavement widths or rights of way 1 easements:
No change.
7. An increase in leasable area for commercial buildings:
Not applicable.
8. An increase by greater than I % in the approved residential density:
No change.
9. Changes inconsistent with project's original approval:
No change
11.2%
13.8% (includes covered parking)
31.4%
30.1%
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AITACHMENT5
Review Standards: GMQS Exemption by Community Development Director
Section 26.470.070: Residential and Tourist Accommodations development which the
Commwlity Development Director ffiayexempt:
c. Detached sing-Ie family or duplex dwellioR unit. The construction of one (1) or two (2)
detached residential units or a duplex dwelling, on a vacant lot which was subdivided or was
a legally described parcel prior to November 14, 1977, which complies with the provisions
of Sec. 7-I004(A)(5) or to replace after demolition one (I) or two (2) detached residential
units or a duplex dwelling. 'nus exemption shall not be applied to any lot for which any
other development allotment is currently being sought or is approved. This exemption shall
only apply if:
(I)
Single-family option: The applicant provides an accessory dwelling unit, pays the
applicable affordable housing impact fee or provides a resident occupied deed
restriction on the single-family dwelling being constructed. All ofthese options are
at the propeny owner's discretion;
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(2) Duplex option: The applicant provides one (I) free market/one (1) resident
occupied unit, the resident occupied unit shall be a minimum of 1500 s.t'.; two (2)
free market, with one (1) accessory dwelling unit, the accessory dwelling unit must
be a minimum of 600 s.f.; two (2) resident occupied units; or pays the applicable
affordable housing impact fee. These options are at the property owner's discretion.
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Recorded at
Reception No.
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Recorder
SPECIAL WARRANTY DEED
TillS DEED. Made Ulis 30th day of
EXHIBIT 1
May
,1996
. between
FRANK D. DAY, as Trustee ortne Irrevocable Trust of Margaret B. Day, dated October 3,1988
orthe .
County ofl1itkin ,Stale of Colorado. grnntor(s), and
Aspen-Day Family Partnership, LLLP, a Colorado Limited Liabilily Limited Partnership,
whose legal address is c/o Karyl Cohn, HOlel Bouldcrado, 2115 13th Street. 130uldcr, CO 80302
crlhc
County of l3ouh.ler
, Slate of Colorado, grantcc(s):
WITNESSETH,111M the grnntor(s), for and in consideration or tile sum ofTen Dollars and other good nnd valuable considcrntion
DOLLARS,
gr:mted, bargained. sold and conveyed. and by these presents docs grant,
heirs and assigns forever, all the real property, together with improvements,
County of Pitkin ,Stale of Co 10m do,
the recciptand sufficiency of which is hereby acknowledged, hilS
bargain. sell. convey and confirm, unto the grantce(s), its
irany, situate, lying and being in the
described as follows:
A tract of land situated in the EI/2 NWII4 and the WIll NEII4, Section 18, Township 10 South. Range 84 West of the 6th P.M., being n portion ofthe
East Aspen Addition and comprising a ponion of the East Aspen Addition and comprising a portion ofthat certain tract of land described in Book 190 Dt
Page 114 and Book 431 at Page 571 of the records of Pitkin County excepting that tractofland described inOook 206 at Page 419 in the office of Pitkin
County Clerk and Recorder and being more fully describcd.as follows:
Beginning at the Northwest comer of Lot A, Block 124. Aspcn Townsite. whence Comer No.2 of said Aspen To\vllsitc OC:l1'S N 81-"31'00" E 92.12 feet;
thence S 14050'49" W 110.00 feet; thence S 75009'11" E 304.00 feet to the westerly b<U1kofthe Roaring Fork River; thence Northerly nlong the bank of
said Roaring Fork River N 22006'00" E 1 10.89 feet; lhence departing said riverbank N 75 009'11" W 318.00 feet to thc point of beginning containing 0.785
acres more or less.
also known by street and number as:
TOG ETHER with all and singular the hereditaments and appurtenances'thereto belonging, or in anywise appertaining, and Ole reversion and reversions,
remainder and remainders. rents, issues and profits thereof; and aU Ole estate, right, title, interest., claim and demand whatsoever of the grantor(s), either
in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances;
TO UA VE AND TO HOLD the said premises above bargained and described with the appurtenances. unto the grantee(s), its heirs and
assigns forever. TIle grantor(s), for itself ,its heirs and personal representatives or successors, docs covenant and ngree
that it shall and will WARR^NT AND FOREVER DEFEND the above-bargained premises in the quiet ::md pellce3ble possession ortlle
grantee(s), its heirs and assigns, against <Ill and evcry person or persons claiming the whole or <lny pnrt thereof: by, through or under the
granlor(s).
IN WIWESS WHEREOF, the grantor(s executed l11is deed on the date set forth above.
Frank B. Day, as Trustee oUhe Irrevocable Trust of argaret D. Day,
dated October 3, 1988
STATE OF COLORADO
County ofr/k"''' Boulder
} ss
The foregoing instrument was acknowledged before me Ihis
by Frank B. Day, Trus tee
30th
day or
May
,19 96
Witness my hand andomcial seal.
My eOJion expires Apr il :' 2000
i /1 &/lfJ/ 3/lSi1tJ1 )
(; \ " . Notary Public
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EXHIBIT 2
Review Standard Compliance
The previous and revised designs have been evaluated with the current residential design standards
(26.4 I 0). The following are our findings:
Design Standard Previously approved Design Proposed Design
26.410.040 - A1 Building Building was oriented parallel Building is oriented parallel with
orientation with front lot line. front lot line.
26.410.040 - A2 Build to lines The front of the remodeled The front of the new building is
building extended 8' into the within 12" of the front yard
front yard setback. setback.
26.410.040 - A3 Fences No fence was proposed for the No fence is proposed for the front
front yard. vard.
26.410.040 - Bl Secondary Mass The building did not express The primary mass of the building,
secondary mass which is the main residence, is
justified closest to the street. The
secondary mass is a carport, set
apart from the primary mass by
surface parking and a second
store deck.
26.410.040 - C 1 Carport I garage Access to the garage and surface Access to the garage and carport
access parking was from the main road parking is from the main road
(Durant). No alley access is (Durant). No alley access is
available. available.
26.410.040 - C2a Carport I The garage did not front onto the The garage does not front onto
garage configuration street. the street.
26.410.040 - C2b Carport I The garage was set entirely The garage and carport are set
garage configuration behind the main residence. entirely behind the main
residence.
26.410.040 - C2c Carport I Garage was not forward of the Garage is not forward of the
garage confieuration residence residence.
26.410.040 - C2d Carport I The driveway was at grade. The driveway is at grade.
earage configuration , ,
26.410.040 - C2e Carport I The garage entry was 18' wide. The garage entry is 18' wide.
garage confieuration The carport entry is 18' wide.
26.4 I 0.040 - C2f Carport I The garage door was a double The garage door appears as two
earage configuration stall door. sinele stall doors.
26.410.040 - D I a Street oriented The entrance faced the street The entrance door faces and is set
entrance 10' behind the front wall of the
residence. The door is 8' tall
with a glass panel in the door.
26.4 I 0.040 - Dlb Entrance porch A porch at ,the entry was A porch at the entry, 7' deep x 8'
provided. wide is provided with a one story
porch roof above.
26.410.040 - Dl c Street facing A significant window was A significant group of windows
principal window provided. facing the street is provided in the
I-story element.
26.410.040 - D2 One story A one story element was A one story element which
element provided, extending across the comprises roughly 50% ofthe
street frontage street frontage is provided,
encloslne livine snace.
26.410.040 - D3a Windows A street facing window extended No street facing windows span
through the "no window" zone; the area between 9' -12' above the
first floor level. No street facing
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2-storv exoressions exist.
26.410.040 - D3b Non- There were two non-orthagonal Only one non-orthagonal window
orthaQonal windows windows on the west elevation. is installed on each facade.
26.410.040 - D4 Lightwells There were no lightwells on the The lightwell on the street fa9ade
street side of the building. of the building is recessed behind
the front wall of the buildinQ.
26.410.040 - Ela Exterior The exterior materials were stone Materials are installed to wrap
materials and detailing and stucco, with stone occurring corners. Of particular concern is
below the stucco. the stone wainscot, which wraps
most of the base ofthe building.
The stair enclosure is clad with
stone to the eave, giving the
impression of a tall stone mass.
The wood siding for the principal
building is to be chinked 2x I 0,
rough cedar, consistant with
mountain construction. The roof
plans will be metal, standing
seam ,oanels.
26.410.040 - Elb Exterior Stone, a comparatively heavy Stone, a comparatively heavy
materials installation material, is installed below material, is installed below wood.
characteristics stucco.
26.410.040 - EIc Reflective The building had a metal roof The metal roof finish, which
surfaces finish. would be the most highly
reflective surface, will be colored
or zinc to control reflectivity.
26.410.040 - E2 Inflection The building did not abut a lot The building does not abut a lot
line with a one-story buildinQ, line with a one-story building.
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To whom it may concern,
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EXHIBIT 3
I, Frank B. Day, hereby authorize the agents of the following organization to act upon my behalf in the
execution of the actions required by the City of Aspen to receive Planning Director Approval for an
insubstantial PUD amendment for Building I of the 1035 East Durant Subdivision:
Precision Construction, Inc.
2043 l6'h Street
Boulder, Colorado 80302
(303) 786-8069
William Sawyers
Julie Kenney
Glenn Gazely
Kyle Callahan
A..5&N dJ,j,.,'f
Frank . ay
1010 69lh Street
Boulder, Colorado 80304
(303) 589-8401
'P~\N~tr.p. LL-I...:P
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Ctl!tJn./l.'-T~nl~
Date
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,__ EXHIBIT 4
Commitment lor Title insurance
Fuielity National rule Insurance Company
A Stock Company
COMMITMENT FOR TInE INSURANCE
FIDELITY NA TlONAL TITLE INSURANCE COMPANY, a Corporation, 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 therefore; 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 endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, 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 date shown in Schedule A as "Effective Date."
Countersigned
(~
FidelityNationalTitlelnsuranceCompany
BY :/i;k~!ff ("
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ATTEST
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FORM 27.83.66 (9/94)
AL TA COMMITMENT. 1966
Valid Only if Schedule A and B are Attached
Th~ condition, ollhis commitme,nl require I~.I ~he premium .nd chnwesbe paid prior to the- issuan<< of the title polky(I). Therefore. no pofiCY(I) win be issued
until the ch.lrSe5 h....e ~ rt'mrbflf to the ISlUlnS .sent.
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AlTACHMENT
as-
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail 10 disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge 10 the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof. or ib) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or
. mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the polity or policies committed for and such liability is subject to the insuring provisions,
exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a pan of this
Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
FN!
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COMMITMENT FOR TITLE INSURAN&ACHUENT ~S
SCHEDULE A
1. Effecti ve Date: 08/01/97 at
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy-Form 1992
Proposed Insured:
08:30 A.M.
Case No. PCT12045
Amount$ TBD
PremiumS
Rate:STANDARD
Amount $
PremiumS
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ASPEN-DAY FAMILY PARTNERSHIP LLLP, A COLORADO LIMITED LIABILITY
LIMITED PARTNERSHIP
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
See Attached Exhibit "A"
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
By: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
THIS CQMMITMENT IS FURNISHED FQR INFQRMATIQNAL PURPQSES .oNLY, IT IS
NQT A CQNTRACT TQ ISSUE TITLE INSURANCE AND SHALL NQT BE CQNSTRUED AS
SUCH. IN THE EVENT A PRQPQSED INSURED IS NAMED THE CQMPANY HEREBY
RESERVES THE RIGHT T.o MAKE ADDITICNAL REQUIREMENTS AND/QR EXCEPTICNS
AS DEEMED NECESSARY. THE RECIPIENT .oF THIS INFQRMATICNAL REPQRT
HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR
REQUEST AND ALTHQUGH WE BELIEVE ALL INFORMATICN CCNTAINED HEREIN IS
ACCURATE AND CCRRECT, THE CQMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PRCVE TC BE INCCRRECT AND THE CCMPANY
IS NQT .oBLIGATED TQ ISSUE ANY P.oLICIES .oF TITLE INSURANCE.
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ATTACHMENT Jt.f.
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SCHEDULE B SECTION 2
EXCEPTIONS
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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.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary. lines, shortage in area, encroachments.
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
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.
Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
"
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3.
4.
5.
6.
7. Right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent recorded in
Book 185 at Page 69.
8. Any question, dispute or adverse claim as to any loss or gain of
land as a result of any change in the river bed location by other
than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of
waters in the Roaring Fork River lying within subject land; and any
question as to the location of such center thread, bed, bank, bed or
channel as a legal description monument or marker for the purposes
of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the
Clerk and Recorded of Pitkin County, Colorado accurately locating
past or present location(s) of the center thread, bank, bed, or
channel of the above River or indicating any alterations of the same
as from time to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of the Roaring
Fork River.
(Con::inued)
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9. Deed of Trust from
of Margaret To the
For the use of
Original Amount
Dated
Recorded
Reception No.
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ATTACHUENT ~
Frank B. Day, as Trustee of the Revocable Trust
Public Trustee of the County of Pitkin
Vectra Bank of Boulder
$1,000,000.00
September 23, 1994
September 30, 1994 in Book 762 at Page 802
374790
Assignment of Rents and Leases given in connection with the above
Deed of Trust recorded September 30, 1994 in Book 762 at Page 807.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT12045
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ATTACHl.fENT ~ r--
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed oftrust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter aflecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the prDposed Insured shall
disclose such knowledge to the ~ompany, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph ,3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (al to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,
exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest orthe lien of the insured rnortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
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Commitment for Title Insurance
FuJeliJy Nationa11it1e Insurance Company
A Stock Compllny
ATTACHMENT ~
COMMITMENT FOR TInE INSURANCE
FIDELITY NA TlONAL TITLE INSURANCE COMPANY, a Corporation, 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 therefore; 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 endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue. whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, 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 date shown in Schedule A as "Effective Date."
FidelityNationalTitle/nsuranceCompany
Countersigned
BY $~ff (
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President
ATTEST
~'-et.~,~=k~
~ .....to<y
~.:~~~Orlzed S.
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FORM 27.83.66 (9/94)
ALTA COMMITMENT. 1966
Valid Only if Schedule A and Bare AUached
The conditions 01 '''is commitment require Ih.. the premium.nd ch.rz~ be p.id prior 10 the mlYnce of 1M lille poIicy(s). Therefore no poUcy(s) will be: issued
until the chu!@sh.ve bHn remine-d 10 the iHuinBolBenl. . . .
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COMMITMENT FOR TITLE INSlJRA1'fCItCHMENT ~ ~
SCHEDULE A
1. Effective Date: 08/01/97
at
08:30 A.M.
2. Policy or policies to be issued:
(al ALTA Owner's Policy-Form 1992
Case No. PCT12045
Proposed Insured:
PROFORMA
Amount$ TBD
PremiumS
Rate:STANDARD
(b) ALTA Loan Policy-Form 1992
Amount $
PremiumS
Rate:
Proposed Insured:
3 .
Title to the FEE SIMPLE estate
referred to in this Commitment
vested in:
or interest in the land described or
is at the effective date hereof
,
ASPEN-DAY FAMILY PARTNERSHIP
LIMITED PARTNERSHIP
LLLP, A COLORADO LIMITED LIABILITY
4 .
The land ,referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
See Attached Exhibit "A"
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
By: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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ATTACHMENT
EXHIBIT A
A tract of land situated in the E1/2NW1/4 and the W1/2NE1/4, Section
18, Township 10 South, Range 84 West of the 6th P.M., being a portion
of the East Aspen Addition and comprising a portion of that certain
tract of land, described in Book 190 at Page 114 and Book 431 at Page
57i of the records of Pitkin County excepting that tract of land
described in Book 206 at Page 419 and re-recorded in Book 206 at Page
489 in the office of the Clerk and Recorder and being more fully
described as follows:
Beginning at the Northwest corner of Lot A, Block 124, Aspen Townsite,
whence Corner No.2 of said Aspen Townsite bears N 81031'00" E 92.12
feet;
thence S 14050'49" W 110.00 feet;
thence S 75009'11" E 304.00 feet to the Westerly bank of the Roaring
Fork River;
thence Northerly along the bank of said Roaring Fork River N
22"06'00" E 110.89 feet;
thence departing said river bank N 75009'11" W 318.00 feet to"the
point of beginning.
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AnACHUEHT ~ ~
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS
NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS
SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY
RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT
HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR
REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS
ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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ATTACHMENT ..12
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments.
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent recorded in
Book 185 at Page 69.
8. Any question, dispute or adverse claim as to any loss or gain of
land as a result of any change in the river bed location by other
than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of
waters in the Roaring Fork River lying within subject land; and any
question as to the location of such center thread, bed, bank, bed or
channel as a legal description monument or marker for the purposes
of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the
Clerk and Recorded of Pitkin County, Colorado accurately locating
past or present location(s) of the center thread, bank, bed, or
channel of the above River or indicating any alterations of the same
as from time to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of the Roaring
Fork River.
(Continued)
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9. Deed of Trust from
of Margaret To the
For the use of
Original Amount
Dated
Recorded
Reception No.
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ATTACHMENT ~ S
: Frank B. Day, as Trustee of the Revocable Trust
Public Trustee of the County of Pitkin
Vectra Bank of Boulder
$1,000,000.00
September 23, 1994
September 30, 1994 in Book 762 at Page 802
374790
Assignment of Rents and Leases given in connection with the above
Deed of Trust recorded September 30, 1994 in Book 762 at Page 807.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
schedule B-Section 2
Commitment No. PCT12045
Inn
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ADDITIONAL INFORMATION
AND DISCLOSURES
dPS
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ATIACHYENT
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above: .
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE:
If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
Pursuant
(a)
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Property may be located in a Special Taxing
District;
,A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
(b)
(c)
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT12045
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~ ADDITIONAL INFORMATION "'lATTACHUENT
AND DISCLOSURES
~
The Owner's Palicy ta be issued, if any shall cantain the fallcwing
items in additian to the .ones set fcrth abcve:
(1) The Deed .of Trust, if any, required under Schedule B-Sectian 1.
(2) Water rights, claims .or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant ta Insurance Regulatian 89-2;
NOTE: Each title entity shall natify in writing every praspective
insured in an .owner's title insurance palicy far a single family
residence (including a candaminim .or tawnhouse unit) (i) .of
that title entity's general requirements for the deletian .of an
exceptian or exclusian ta coverage relating to unfiled mechanics
.or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms .of the palicy. A
satisfactary affidavit and agreement indemnifying the Campany
against unfiled mechanics' and/ar Materialmen's Liens executed
by the persons indicated in the attached ccpy .of said affidavit
must be furnished ta the Campany. Upcn receipt .of these items
and any .others requirements to be specified by the Campany upan
request, Pre-printed Item Number 4 may be deleted frcm the
Owner's palicy when issued. Please cant act the Campany far
further information. Natwithstanding the faregaing, nathing
contained in this Paragraph shall be deemed ta impase any
requirement upan any title insurer to pravide mechanics .or
materialmens lien, caverage.
NOTE:
If the Ccmpany conducts the own~rs .or laan clasing under
circumstances where it is respansible far the recarding .or
filing .of legal dacuments fram said transactian, the Campany
will be deemed ta have pravided "Gap Caverage".
Pursuant
(a)
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Praperty may be lacated in a Special Taxing
District;
.A Certificate of Taxes Due listing each taxing jurisdictian
may be .obtained farm the Caunty treasurer .of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries .of
such districts may be .obtained from the Baard .of Caunty
Cammissianers, the Caunty Clerk and Recorder, .or the Caunty
Assessor.
'NOTE: A tax Certificate will be .ordered fram the Caunty
Treasurer by the Camp any and the casts therecf charged ta
the proposed insured unless written instructian ta the
cantrary are received by the campany prior to the issuance .of
the Title Policy anticipated by this Cammitment.
(b)
(c)
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Cammitment No. PCT12045
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.'-", ATTACHIIENT ~ S
EXHIBIT A
A tract of land situated in the E1/2NW1/4 and the W1/2NE1/4, Section
18, Township 10 South, Range 84 West of the 6th P.M., being a portion
of the East Aspen Addition and comprising a portion of that certain
tract of land described in Book 190 at Page 114 and Book 431 at Page
571 of the records of Pitkin County excepting that tract of land
described in Book 206 at Page 419 and re-recorded in Book 206 at Page
489 in the office of the Clerk and Recorder and being more fully
described as follows:
Beginning at the Northwest corner of Lot A, Block 124, Aspen Townsite,
whence Corner No.2 of said Aspen Townsite bears N 81031'00" E 92.12
feet;
thence S 14050'49" W 110.00 feet;
thence S 75009'11" E 304.00 feet to the Westerly bank of the Roaring
Fork River;
thence Northerly along the bank of said Roaring Fork River N
22006'00" E 110.89 feet;
thence departing said river bank N 75009'11" W 318.00 feet to' the
point of beginning.
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ATTACHMENT
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11303.61. ...._...._....._........_) to ttMt 'I,... s-rt,. In ........ .. nil. .... ....... put '1 u.. no.lPt
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........ ....Ie" .h. tint paft7 ..... .... tet'" follo-',,- ..RrlMA \OU Or ..... of .... ..tat.. lJ"q .1Id bel... ._
'h. Cov.', of P1t1d. ..'.tal. .f Colon4o. 10 wit:
All the lota or parcels of land described
on the attached Exhiliit A which by this
reference is incorporated herein as a part
hereof .. thCl'Ugh written in full.
TO RA "r. ANt) m nol.D I~ .__. I....o..r.,lt. aU .... .......la.. iN .".rt.~ ... lIri.,n.c'tS I'.~..to
Mlo~", 01' ,,, ..",.wt.. ta..,...... ......I"'La1....... a" all t'" ..late. r1.~t. Ut1e. I.t.~ ... elaJlII' ......1......,.... of
t" fI.... DA"", .Ini... '"Ia. or t1qu"r. to IHoa., pI"Q..p 11M. be...II .... be"onf ot the .at. Mr\ _~.__.._ .t lb.
"f'l:"nfl.s part. ........_..h...i.s.;..._... ..1.. .... ......... ,....QI'. .
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IN WITN":8H W'HERt::OF. Ih. _I' 11.,.... .... b.....unto.... h~ ~/.r:.~~11 /.~."d ,..... .bov. tlnt ..."tU....
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l'TATE 0,. roLOFt..ADOJ
COUH'TT 01" PITKJIC ) ..
n. ru~..u'''.. 'ftftn",."t ......~'n"'...~ Nt... ... ,.... ~th_ ...,. of J8t1tU1rv lIji_c!-
b,. ..4\.,......~.......B9.P..~.~.9n............_......_....__..................._..... _ MlLJ'o," of .". cn,. of ......... .ad Tr-u.t..'o" tb. EaatA...."
A.~.'.~..!....wt'l.n.. Pltka. Count,.. ColonA&o. ....
,.' .......J7o.'.,O. ........ --_............_....._Feh._...l.l.,.....t963._.......:.__..._............
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ATTACHMENT
. ':" ,".',:'1 t". . ,"..~:'
,". AAIII.III.'"I"'.. ..
:'.," ~.~I.~~,I.:'. .
TO DEED 'or' Wn..i>~';~: 'l'O'1OI1lT A. BOLT
DAft!) JAlfIJAJ(f' 4. 1960
A tnct of laDd iD the ~ of the .. and the ~ of the ~
of Section 18, T. 10 S., .. 84 W. of the 6th P.M. beiDg a
part of the Ent .A8pen Addition .,re fully d..crlbed ..
follows:
Beginning at a point which is the Northwest corner of Lot
A.Block 124. Aspen Townsite from whence corner 2 of the
Aspen. Townsite bears N 8l'31' E. 92.12 I feet; thence N. 75'
09'11" W. 75.32 feet; thence S. 14'50'49" W. 220.00 feet;
thence S. 75 '09 'U" E. 410 feet more or le.. to the west
bank of the Roaring Fork 1l1ver; thence tIOrdlerly along the
West bank of the Roaring Fork 1l1ver 500 feet more or leu;
thence N. 0'15' E. 35 feet lDOre or le.. to the South line
of Cooper Avemie; thence N. 75'09,'U" w. 69.94 feet; thence
S 14050'49" W. U8.74 feet; thence N. 75'09'11" W. 107.00
feet; thence S. 14050'49" w. 175.00 feet; thence N. 75'09',
U" W. 163.00 feet to the point of beginning.
Excepting that portion lying inside the boundaries of the
Aspen Townsite.
Containing 2.05 acres more or less.
"
b
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PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
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~ .
"- . Jv.U.
\D~
CITY OF ASPEN
PRE.APPLlCA TION CONFERENCE SUMMARY
Chris Bendon, 920.5072
DATE: 10.19.99
Day Subdivision/PUD Insubstantial Amendment # 2
Glenn Gazley
Frank Day
o Step - Planning Director approval for an Insubstantial PUD Amendment, Planning
Director exemption from Growth Management, Staff review for Residential Design
Standards.
The existing cabin on the western-most portion of the property was originally to re
remodeled and expanded. The applicant now wishes to demolish the house and replace
with a new structure. The PUD amendment is required to accurately show the placement of
the new structure on the parcel. The GMQS exemption is required to replace a residence
after demolition. This can be accomplished by either a Accessory Dwelling Unit, which is
a conditional use in this zone district, or by paying a cash-in-lieu fee based on the difference
in FAR betweett the existing and proposed structure. The Residentia1Design Review is
required for all residential construction.
Based on conversation with the applicant, the attached application packet materials provide
for an insubstantial PUD amendment and a Director's (cash-in-lieu) exemption from
GMQS.
land Use Code Section(s)
26.445.100 PUD Insubstantial Amendments
26.470.070 GMQS Exemptions,
26.520 Accessory Dwelling Units
26.425 Conditional Uses (ADU)
26.410 Residential Design Standards
Staff, referral agencies, Planning Director. If the applicant choose to construct an ADU, the
, planning and Zoning Commission will review the Conditional Use.all boards and public hearings
No - For Planning Director approved PUD Amendment and cash-in-lieu GMQS Exemption.
Yes - For Conditional Use ADU. Applicant must post property and mail notice at least 10 days
prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county,
municipal government, school, service district or other governmental or quasi-governmental
agency owns property within three hundred (300) feet of the property subject to the development
application. Applicant will need to provide proof of posting and mailing with a affidavit at the
public hearing.
Engineering, Housing, Zoning, Fire Marshall
Planning Deposit Minor ($460) ~
Engineering, Minor ($160); Housing inor ($160))
$780 (additional hours are billed at a rate of $ 185/hour)
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1. Proof of ownership.
'2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
~
~".
~.
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,,-...
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 6-16 Copies of the complete application packet and maps. (6 copies needed for insubstantial PUD
Amendment, additional 10 needed if proposing an ADU.)
7. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
II. For Residential Proposals (Ord. 20):
a) Neighborhood block plan at 1"=50' (available from City Engineering Departtnent) Graphically show
the front portions of all existing buildings on both sides of the block and their setback from the street in
feet. Identify parking and front entry for each building and locate any accessory dwelling units along the
alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one
story (only one living level).
b) Site plan at I" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and
footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of
the subject site with 2' contours.
c) All building elevations at 1/8" = 1'-0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the
"Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present
condition of the subject property. Label photos and mount on a presentation board.
12. List of adjacent property owners within 300' for public hearing (only if proposing an ADD).
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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EXHmlT A
A tract ofland situated in the E1/2NW1/4 and the W1I2NE1I4, Section 18, Township 10 South,
Range 84 West of the 6th P.M., being a portion of the East Aspen Addition and comprising a
portion of that certain tract ofland described in Book 190 at Page 114 and Book 431 at Page 571
of the records of Pitkin County excepting that tract ofland described in Book 206 at Page 419
and re-recorded in Book 206 at Page 489 in the office of the Clerk and Recorder and being more
fully described as follows: '
Beginning at the Northwest comer of Lot A,Block 124, Aspen Townsite, whence
Comer No. 2 of said Aspen Townsite bears N 81031'00" E 92.12 feet; thence S
14050'49" W 110.00 feet; thence S 75009'11" E 304.00 feet to the Westerly bank
of the Roaring Fork River; thence Northerly along the bank of said Roaring Fork
River N 22006'00" E 110.89 feet; thence departing said river bank N 75009'11" W
318.00 feet to the point of beginning.
I 111111 IIIU 111111.1111 1IIIIIIlIIIIIIIIllII 111111 1111111
428193 02/26/1999 04:22P SUB AGRE DAVIS SILVI
11 0' 16 R 81.00 D 0.00 N 0.00 PITKIN COUNTY CO
Aspen-Day/Subdi~ision Agreement
11
Revised: 02/11/99
..,,-...
.~
, EXlllBIT B
Final Plat of the 1035 East Durant Subdivision/PUD recorded on a ~ )-. ~ CjCJ in Plat
Book Lf l( at Page 'ii' I is incorporated by reference herein.
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111111I1111111111111111111111111111111111I1111111111111
428193 02/28/1999 04:22P SUB AGRE DAVlS SILYI
12 0' 18 R 81.l~0 D 0.00 N 0.00 PITKIN COUNTY CO
Aspen.Oay/Subdivision Agreement
12
Revised: 02111199
.1""""\
EXHIBIT "e"
,'-"
1035 E. DURANT
ENGINEER'S OPINION OF. PROBABLE
CONSTRUCTION COST FOR urtLITlES
February 9. 1999
HCEJOBNO: 97071.01
~......~Jl'.","rns..~
ITEM
QUANTITY
COST
StmitIIrJ Se.""
8" SDR 26
6" SDR 26
Mauhole (4')
Replacement Manhole (4 'J
71 L.F.
91 L.P.
2 e3,h
1 ell,!!
Dome3ticW/lter
-price includes trencl1ing and firings
6- DIP W~lerline
6- Gate V.lve
Fire Hydr~nl Assembly
Conneaion 10 Exi,ting W.u:r une
125 L.F.
1 Ucb
I Eaclt
1 L.S.
Shallow Utilidrf
Elo"rie TraIll5fonner &.
COlUll!'tions" Switcl1p
Utility TretlCh
TelephnllCJ'Cablc Utilily (U1')
UndergId Ele<:tri, (UE)
Gas Line (0)
Remuve existing utility line
/
./
I F.a,h
368 L.I'.
200 L.I'.
45 L.F.
1231..F.
1 L.S.
. Siu Work
Curh '" GUlter
Sidewalk
Paving
E=v~jon &. I!mho"lnn~nt
Erosion COnJrol &. Bank Slabalitation
150 U'.
~oo S.P.
90 S.Y.
I I..S.
I L.S.
10% C"ntinK,nL'Y
UNIT
COST
110.00
65.00
4.000.00
5.jQO.00
70.00
1,800.00
2,500.00
4,000.00
3.000.00
25.00
1.50
15.00
15.00
4,000.00
25.00
10.00
18.00
2.000.00
10.000.00
SUB TOTAL
TOTAL
7,810.00
5,9t5.00
8,000.00
5,500.00
8.750.00
1.800.00
2,SOO.(XI
4,000.00
3.OC{J.00
9.200.00
l.~.OO
675.00
1,845.00
4.000.00
3.7~.00
5,000.00
1.620.00
2,000.00
10,000.00
586,865.00
58.686.50
$95,551.50
rilLS opinion of protx.ble cnnsll'U(tiofl cost was prepared for esri71laling pl4rptJ.Wd!l
only. Hi~h COUlllry Engineering, Inc. car/r/(It be held responsiblejor variances
from this estimar~ as ac/ru.U costs may vary due to bid and marlcet fluctuations.
111111I1111111111111111111111111111111111I111111>1111111
428183 02/211/19911 04:22P. SUB AGRE DAVIS SILVI
13 of 111 R 81.00 D 0.00 N 0.00 PITKIN COUNTY CO
r--,. .t . . m1IBIT "~~
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Tree Sales and Total Landscaping
LANDSCAPE ESTIMATE:. . December t6,1998
.. .
8ud,It Ed..... SuatwllDd To:
W. J. sawyers & AuoCiat..
Attn: Jeff ~fS .
2043 ,6th St
Boulder. CO 80302 .
303-786.7729
303-786-7691 - Fax .
"
, Work to be hrtormed At:
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River Glen .
Aspen. Colorado
~;: __ 3:7 $4
(,::>\ <6 .
WmdrNer Trees Ia pleased to submit ttwt Icllowlng estimate fer landseapin;
,tRIvet Glen In A8pen, Colorado. .
ALL TREES ARE STOCK FARM GROWN, SPECIMANGRADE. .
PRICE INCt.UDES DEUVEAY, PLANTING AND 1 YEAR WARRANTY",
-MTH AN APPROVED IRAIGA TlON SYSTEM
TMES . SHRUBS
, .
CJr(
TOTAl
10
32
25
22
12
21
15
"'.
31
SfZE
1<1 ft.
,"Cal.
2.5-3" Cal.
2" Cal.
5 Gal.
5Ga!.
5 Gal"
:w
28"
TREES
eACH
Spruce
"apen Singles
Aspen Clumps
l.arlceleat Cottonwoods
Viburnum
Red Twig Dogwood .
Rocky MOWltain. B1rct:l
Dwarf Spruce .
Mugo Pine
ITOTAL TReES.. SHRUBS
5993.00
$230.00
'$385.00
$245:00
150,00 .
$50.00
$140.00
$250.00
$105.QO
59,930.01
. . $7;361101
59.625.01
S5,390.Oc
. seoo.O
$1,050.0
$2,100.0
$1,000.0
$3,255.0
144,310.0
FLOWERS
.1 QTy SIZE FLOWERS EACH
1,165 !lt1 Gal. ~nt'lial$ $15.00
83 FIata Sl'Qund Cover 175.00 .
.ITOTAL FLOWif'S
TOT~
$17,475~O
$6.225.0
123.700.0
{CClnlInIleo
193$1'H\oIy 82 Cclrtleu>~*. co 11623 970/Q63~744 f:ox q'O~""ll33
PAGE 1 of 3
Parts & Labor
_ This ill an estlmst~ cost, actual time & materials win bfJ billed
i
l!OTALIR-"IGATlON
m &:
,
p.2
c.~.~bet 18. 1.
~Glen
LANDSCAPE ITEMS
.04+,...,'..:.;11.:.1 .......
Sod
Topsoil
Aspen Mulch
E<<;ing
StaIdng Material
IARlGA1tON
lO...... ::t.J..r;;aI!JIItl;,..J.1t.
LABOR . EQUIPMENT
Foreman Labor
Additionall.abor
Machine Time - ~
Machine Tlme w Dump Truck
1"""\
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11111111111111111111111111111111111111111I11111111I1111
428193 02/2&/1999 04:22P SUB AGRE DAVIS SILVI
IS of IS, R 81.00 D 0.00 N 0.00 PITKIN CDlINTY CD
.
m
-
i&!!.
$0.60
$45.00
SSO.OO
$1.75
$8.00
Sf
3.000 sq. ft.
230 yell.
40 yds.
2~ ft.
131 Tree.
$1.800.00
$tO.35O.oo
$2.000.00
$385.00
$1,096.00
S15,631.oci
lTOTAL LANDSCAPE ITEMS
1!JJS
$12,000.00
.12,ooo.oa
~
140
400
80
16
Hours
Houl'S
Hours
Hours
.
$45.00
$30.00
$65-00
$65.00
$6,300.OC
$12.OOO.OC
$5.200.0(
$1,040.0(
ITOTAL LABOR. EQUIPMENT
S24.s.o.OC
ftOTAL LANDSCAPE ESTJMA TE I
II!!cMI",TU)
$116.181.DC
(CCltIlInIIelS
PAGE 2 of 3
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ADDITIONAL ITEMS
LANDSCAPE ITEMS WITHIN PUBLIC RIGHT OF WAY (ROW)
Ouantitv DescriDtion Each Total
4 2" Cal. Aspen $230.00 $ 920.00
6 Flats Groundcover $ 75.00 $ 450.00
285 Sq. Ft. Sod $ 1.20 $ 342.00
8 Yards Topsoil $ 55.00 $ 440.00
2 Yards Mulch $ 75.00 $ 150.00
4 Trees - Staking Material $ 45.00 $ 180.00
10 Hours - Foreman Labor $ 45.00 $ 450.00
24 Hours - Additional Labor $ 30.00 $ 720.00
, SUB TOTAL $ 3,652.00
, SUB TOTAL FROM PAGES 1 &2 $116,181.00
SUB TOTAL LANDSCAPE IN RIGHT OF WAY $ 3,652.00
GRAND TOTAL LANDSCAPE IMPROVEMENTS $119,833.00
11111111111111111111\1.1\1111\111111111111I 11\11I1111111
428193 02/26/1999 04:22P Sua AGRE DAVIS SlLVI
16 of 16 R 81.00 D 0.00 N 0.00 PITKIN COUNTY CO
4. 'j'
~, 1 ~
Aspen Dayl Additional Items
PAGE 3 of 3
Revised: 02109/99