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Voke (970) 92T-4645 PO Ro7c 4815, 417 ORIGINAL RQAD, fl4SALT, CO 81621
Fax; (970) 927-0196 tomnOSOprts.rret
April 23, 2008
Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: LETTER OF REQUEST FOR SPECIAL REVIEW APPROVAL OF AN
ATTACHED CARETAKER DWELLING UNIT
ASPEN ANIMAL HOSPITAL PROPERTY, PARCEL ID# 2643-344-05-053
To Whom It May Concern:
Please accept this letter and accompanying attachments as my client's request for the
County to consider approval of an Attached Caretaker Dwelling Unit (CDU) for its property
located in the Airport Business Center. Burkholder Investments (hereinafter "the
applicant") is the owner of the property as evidenced in Exhibit "B". The applicant has
also designated Newland Project Resources, Inc. to be its representative for land use
approvals on the property (see Exhibit "C").
DESCRIPTION OF PROPERTY
The property is known as Lot 3, Block 5 of the Aspen Airport Business Center Filing No. 1
(also known as 310 AABC). The parcel consists of 23,531.32 square feet (0.54 acres) of
land containing amixed-use building with commercial space on the first floor (Aspen
Animal Hospital) of approximately 4,225 square feet and a residential use on the second
floor of approximately 2,358 square feet. The existing residential unit is afour-bedroom
residence. Total floor area on the property is approximately 6,183 square feet, providing
for a Floor Area Ratio (FAR) on the property of 0.28. The allowable Floor Area Ratio in
the zone district (B-2) is 0.36. Attached as Exhibit "F" are photos of the existing conditions
on the property.
DESCRIPTION OF DEVELOPMENT PROPOSAL
The applicant would like to remodel 700 square feet of the residential unit on the upper
floor of the building to create an attached CDU. The CDU would consist of 1 bedroom, 1
bathroom, a small living area and a kitchen (See Exhibit "G"). The portion of the existing
residential unit to be converted to the CDU is currently a bedroom and storage space.
Attached as Exhibit "D" is a copy of the Pre-Application Conference Summary received
from the Community Development Department regarding this land use application.
Further attached within Exhibit "G" is a site plan for the property, a floor plan of the existing
upper floor, and a floor plan of the proposed CDU.
CDU SPecra/ Request Parre/ ID# 7643-344-OS-053
000001 ~3~ I
As required by the Pre-Application Conference Summary, further attached is a list of all
adjacent property owners and mineral estate owners (Exhibit "E").
COMPLIANCE WITH GENERAL STANDARDS AND CRITERIA FOR SPECIAL REVIEW
Any request for Special Review approval of a CDU must show compliance with the
following sections of the Land Use Code:
• Sec. 2-30-30(h): Special Review for a CDU
• Sec. 4-30-50(e)(1)(2): Caretaker Dwelling Unit
• Sec. 6-30-40(c): GMOS Exemption for CDU
• Sec. 2-40-20(f): Additional Special Review Procedures for CDU's
Section 2-30-30(h): Special Review for a CDU:
According to this section of the Land Use Code, the request shall be approved if it
complies with (a) all applicable provisions of the Land Use Code; (b) all applicable Land
Use Policies listed in Section 1-60 of the Land Use Code; and all prior development
approvals applicable to the subject property. Our responses to these approval criteria are
as follows:
(a) The request complies with all of the applicable provisions of the Land Use Code,
including development standards within the zone district (B-2). No additional floor area
is proposed by this request, and the building footprint will not be changed.
(b) The request complies with all applicable Land Use Policies as described below:
1-60-10 AND 1-60-20: CONFORMANCE WITH THE ADOPTED COMPREHENSIVE
PLAN. In general, the applicant believes that the proposed special review use is in
conformance with the adopted comprehensive plan. This area of the County does not
have a specific master plan. However, it is somewhat addressed within the "Aspen
Area Comprehensive Plan" and the "Master Plan Overview Plan":
Aspen Area Comprehensive Plan: The proposed CDU fits with the Vision of the plan
by providing affordable housing in a relatively dense, existing neighborhood and by
providing housing that is in close proximity to jobs. This helps to enhance the
"Pedestrian Oriented" and "Citizen Housing" goals of the plan.
Master Plan Overview Plan: The overall goal of the Mater Plan is to sustain the
existing rural character in Pitkin County. The proposed CDU is in compliance with this
goal because it is located within an existing, relatively high density neighborhood
located in close proximity to Aspen. The proposal also locates what could be seen as
urban development within adopted Urban Growth Boundaries.
1-60-30: COMMUNITY BALANCE: The proposed development conserves and
protects the natural environment by locating the CDU in an already developed
neighborhood.
1-60-40: GROWTH MANAGEMENT: Although the propose CDU represents an
increase of 1 dwelling unit within the County, it is in compliance with the GMOS system
and it is located in an already developed area.
CDU Specs/ Request Parce/ IDA' 2643-349-OS-053
OQOQ~~ z
1-60-50: GROWTH RATE: PHASING OF SERVICES AND FACILITIES: This
application complies with the County growth rate as it seeks approval for a special
review use on a parcel already approved for development and exempt from the Growth
Management Quota System. Utility services are available to the property (see below).
1-60-80: LAND USE PATTERNS: The proposal complies with this policy as it does
not increase urban sprawl, is serviced by existing utilities and services; does not
impact agriculture or open space, and is located within a defined Urban Growth
Boundary.
1-60-70: RURAL DEVELOPMENT: Being within a defined Urban Growth Boundary,
this policy is not applicable to this development proposal.
1-60-80: AGRICULTURAL PRESERVATION: This policy is not applicable as it is
located in an area where it is surrounded or incorporated within existing agricultural
property.
1-60-90: WILDERNESS: The proposal protects wilderness as it is not located on
lands adjacent to wilderness areas.
1-60-100: REREATION: Not applicable to this development proposal.
1-80-110: SKI AREAS: Not applicable to this development proposal.
1-60-120: CAMPING: Not applicable to this development proposal.
1-80-130: TRAILS: Although this policy is not specifically applicable to the
development proposal, the location of the proposal allows for easily access to existing
recreational and commuter trails.
1-50-140: OPEN SPACE AND TRAILS BOARD: Not applicable to this development
proposal.
1-80-150: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS: The
applicant feels that the proposed special use is compatible with the surrounding
neighborhood, which is mixed use commercial/residential development. Adjacent
property owners and mineral estate owners, will be notified of this proposal as a part of
the approval process (see Exhibit "D", Pre-AoDlication Conference Summary).
1-60-160: COMPATIBILITY WITH PUBLIC LANDS: This policy is not applicable to
this application.
1-80-170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS).
This policy is not applicable to this application.
1-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR): The proposal conforms to all of
the rights listed within this policy as it does not represent an expansion of an existing
building; does not impact or reduce the amount of undeveloped land; does not
increase outside lighting; is not within or near riparian areas or open space; does not
impact public access to public lands; will not impact wildlife habitat; will not create
CDU Specia/Request Parce/ ID# 1643-344-OS-053
000003 3
excessive noise; will not use toxic chemicals; and will not significantly impact the
carrying capacity of land or water resources.
1-80-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS: The
property has undergone land use approvals for placement of the approved building
envelope insuring that development will be located outside of known environmental
and man-made hazards.
1-80-200: SOIL, SURFICIAL GEOLOGICAL CHARACTERISTICS AND
RADIATION: The building location does not, to the best of our knowledge, contain
areas subject to radiation and geologic hazards.
1-80-210: DRAINAGE: The proposal will utilize the existing building and building
footprint. As such, will not impact natural drainages and the runoff from the site will not
be significantly altered or increased.
1-80-220: EROSION: The proposal will utilize the existing building and building
footprint. As such, no areas will be disturbed by construction.
1-50-230: SCENIC QUALITY: No impact to scenic quality will result from the
proposal since all of the improvements will take place within the existing structure on
the site. Neither the size, bulk nor mass of the building will be changed.
1-80-240: CULTURALIHISTORICAL RESOURCES. The property does not contain
any known historical or cultural resources.
1-80-250: AIR QUALITY: The proposed development will not degrade air quality and
does not constitute a direct or indirect source of air pollution under applicable Federal,
State or County regulations.
1-80-280: ENERGY CONSERVATION: The alternations required to place the CDU
within the existing building will include energy efficient products and methods as per
the energy efficient building code.
1-80-270: NOISE: The proposed special review use is of residential character and
therefore would not adversely impact community noise levels.
1-80-280: WATER RESOURCES AND AQUATIC/RIPERIAN/VYETLAND AREAS:
The applicant believes that the proposed special review use will have a negligible
effect on water quality as the building to be altered is geographically removed from the
streams. In addition, no outside or site improvements are required.
1-80-290: WILDLIFE: Wildlife habitat is not impacted as the existing building as the
parcel is removed from critical wildlife habitat.
1-80-300: LOGICAL EXTENSION OF UTILITIES: Utilities already exist to the
building and do not need to be extended for this proposal.
1-80-310: ADEQUATE PROVISION FOR WATER NEEDS: The building is currently
serviced by municipal water.
CDU Special Request Parcel ID# 1643-344-OS-OS3
4.
OO~~'f~tr
1-80-320: SEWAGE TREATMENT: The building is currently serviced by the
municipal sewer system operated by the Aspen Consolidated Sanitation District.
1-60-330: SOLID WASTE MANAGEMENT: The applicant commits to utilizing
existing recycling services during construction of the CDU and future waste
management needs of the CDU.
1-60-340: TRANSPORTATION/TRANSIT/ROADS: The property is contained within
the boundaries of the Roaring Fork Transportation Authority (RFTA). In addition, the
property provides easy access to commuter bike trails. The proposed CDU will have
many opportunities to minimally impact traffic on existing highways and roads.
1-60-350: PITKIN COUNTY AIRPORT (SARDY FIELD): Although not directly
applicable to this proposal, the CDU is located in close proximity to the airport.
1-60-360: TELECOMMUNICATIONS: The proposed CDU is located within the
existing telecommunications grid and can easily be connected to utilize this service.
1-60-370: CITIZEN HOUSING: This proposal complies with the County's policy of
providing additional affordable housing within the Urban Growth Boundaries. The
applicant commits to utilizing energy conservation and innovative home building
techniques when constructing the CDU. The applicant understands that a CDU cannot
be considered as housing mitigation for a development. If rented, the CDU will abide
by the requirements of the code with respect to restricting rental to individuals are
employed in the community as determined by current housing guidelines.
1-60-380: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF
RELATED BURDENS: It is hard to determine what, if any services, public facilities or
programs would be impacted by a single CDU. However, the applicant is willing to
make any equitable contributions to offset these impacts.
1-60-390: GENERAL GOVERNMENT/PUBLIC PARTICIPATION AND PLANNING
PROCESSES: This policy is not applicable to this application.
1-50-400: ECONOMIC SUSTAINABILITY AND CONDITION: The proposed CDU
will complement the existing local business (Aspen Animal Hospital) located on the
lower level of the building by providing rental housing opportunity for employees of that
business.
(c) The request is compatible with all prior land use approvals for the property, which are
commercial and residential use. The property was created as a part of the Aspen
Airport Business Center Subdivision, Filing No. 1 (Book 4, Page 188). The recorded
Covenants for the subdivision (Book 255, Pages 916-935) state that an "apartment" is
an allowed use. No minimum size is stated for an apartment.
Listed below in ita/ics are the Criteria set forth Subsection 2-30-30(h)(2) of the Pitkin
County Land Use Code regarding Special Review Uses or Activities. Underneath each
listing is a response that the applicant feel indicates compliance of the proposed
development with the standards and criteria set forth:
(a) The special review use shall consider the applicable County Master Plan.
CDU Specra/ Request Parre/IDA' 2643-344-OS-053
000005 s
As mentioned is (b) above, the applicant believes that the proposed special review use
is in conformance with the adopted comprehensive plan. This area of the County does
not have a specific master plan. However, it is somewhat addressed within the "Aspen
Area Comprehensive Plan" and the "Master Plan Overview Plan":
Aspen Area Comprehensive Plan: The proposed CDU fits with the Vision of the plan
by providing affordable housing in a relatively dense, existing neighborhood and by
providing housing that is in close proximity to jobs. This helps to enhance the
"Pedestrian Oriented" and "Citizen Housing" goals of the plan.
Master Plan Overview Plan: The overall goal of the Mater Plan is to sustain the
existing rural character in Pitkin County. The proposed CDU is in compliance with this
goal because it is located within an existing, relatively high density neighborhood
located in close proximity to Aspen. The proposal also locates what could be seen as
urban development within adopted Urban Growth Boundaries.
(b) The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Chapter 1.
As evidenced in section (b) above, the applicant feels that the CDU us is not in conflict
with any applicable sections of the land use code, include the Land Use Policies in
Chapter 1.
(c) The proposed development must not materially endanger the public health, safety or
welfare.
No endangerment of the public health, safety or welfare will result from the
implementation of this proposed special review use.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
Because the placement of the proposed special review inside of an existing building,
and is sensitive to avoiding or mitigating potential impacts to surrounding property, no
substantial injury to the value of these properties should occur.
(e) The special review use shall be consistent with the intent of the Zone District in which
it is proposed to be located.
The property is located within the B-2 (Business) Zone District. The intent of this zone
district is to provide for the establishment of commercial and low-intensity, non-
polluting industrial uses that do not require or generate high customer traffic volumes
and to permit customary accessory uses, including a small portion of the land area in
high density, long-term residential dwelling units. The CDU will not increase the floor
area of existing residential uses on site and is in compliance with the zone district's
intent to provide high density, long-term residential units.
(1J The special review use shall be compatible with the character of the immediate vicinity
of the parcel proposed for development and surrounding land uses, or shall enhance
CDU Special Request Parcel rD,~ 1643-344-OS-053
QO~QQS 6
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
The applicant feels that the proposed use is compatible with the uses and activities in
the immediate vicinity of the property. The proposed use shall also enhance the area
by providing a mixture of complementary uses (i.e. free market and deed restricted
housing).
(g) The location, size, design and operating characteristics of the proposed special review
use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traffic
generation, parking, trash, service delivery, air/water pollution or other impacts on
natural resources, noise, vibrations and odor on surrounding properties.
The applicant feels that the proposed special review use is in harmony with the
surrounding area as it provides a CDU without increasing floor area or building bulk.
This design approach will be no more impactive to the visual impacts, pedestrian and
vehicular circulation, traffic generation, parking, trash, service delivery, air/water
pollution, natural resources, noise, vibration or odor experienced by surrounding
properties than would t conventional single-family residence.
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage
systems, and schools.
Public facilities and services are adequate to the site as evidenced by the adequate
provision of these services to surrounding residential and commercial properties. The
proposed special review use will not require any additional public facilities or services
other than that would be required by a conventional, single-family home.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such in Section 4-30 and/or in Section 2-40.20.
The applicant agrees to abide by the procedures outlined in Section 2-40-20 with
regard to special review uses and in particular in regard to Caretaker Dwelling Units.
Compliance with Section 4-30 is discussed below.
Section 430-50(e)(2) Caretaker Dwelling Unitas Special Review Accessory Use.
The proposed CDU is located within the B-2 Zone District and must comply with the
following:
(c) The caretaker dwelling unit shall not exceed one thousand (700 square feet on parcels
that are less than 30, 000 square feet in lot area.
The applicant agrees to limit the size of the CDU to no more than 700 square feet.
(d) The floor area of the Caretaker unit shall be included in the total allowed f/oor
area for the lot or parcel.
Il rl ®r1 "7 CDU Speaa/ Request Parcel IDN 2643-344-05-053
Ul U 7 7
(e) One (1) off-street parking space shall be provided for each caretaker dwelling
unit.
(f) The applicant shall by deed restriction or other permanent commitment running
with the land guarantee that the caretaker dwelling unit:
1. Shall not be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the caretaker unit;
3. Shall be limited to occupancy by (i) not more than two (2) adults and related
children, who qualify as (and have been found by the Housing Office to be)
employees of the community under such guidelines as may from time to
time, be established, or (ii) members of the owner's immediate family, even
though they may not qualify as employees of the community.
4. Shall be rented for terms not less than six (6) months if rented.
(g) The caretaker deed restriction maybe removed by the property owner upon
approval of the Community Development Director, subject to the requirement
that the dwelling is removed or modified. If modified, the remaining
improvements must no longer be capable of occupancy as a dwelling unit and
must meet otherwise applicable requirements of this Land Use Code.
The applicant agrees to abide by the above listed requirements of Section 4-30-50(e)(2)
by entering into a deed restriction of the caretaker dwelling unit with the Pitkin County
Housing Authority once the special use approval has been granted. The site plan included
within Exhibit "G" indicated the location of the off-street parking space.
Sec. &30-40(c) GMQS Exemption for CDU.
Under this section of the Land Use Code, one (1) caretaker dwelling unit may be
exempted from Growth Management provided that it complies with the standards set forth
in Section 4-30-50(e). The applicant feels that the unit will comply with this section of the
Land Use Code as explained above.
Sec. 2-40-20(x: Additional Special Review Procedures for CDU's.
This section of the Land Use Code describes the procedures involved with the review and
approval of caretaker dwelling units. The applicant agrees to post notice and provide
mailed notice to the property owners adjacent to the site as required. The applicant
further understands that if no objections are received by the Community Development
Department by the date stated in the notice, action will be taken on the application via
"staff review" procedures. If, however, objections are received by the Community
Development Department by the date stated in the notice, the application shall be
continued to a public hearing before the Board of County Commissioners.
The applicant believes that this Caretaker Dwelling Unit request faithfully adheres to the
goals and requirements of the Code and the intent of the comprehensive plan. The
applicant also feels that the proposal is in compliance with the general standards and
criteria for special review and in agreement with the conditions set forth for approval of a
caretaker dwelling unit. The development does not significantly impact the uses on
adjacent properties, the community, or the provision of public facilities or services
required. The applicant hope that the Director of Community Development will concur and
approve this request for special review use as submitted.
((,, r~ pp CDU Specs/Request Parcel ID# 2643-344-OS-OS3
oDUolS~7 8
Respectfully Submitted,
B~
LIST OF ATTACHMENTS
Exhibit A: Parcel Description, Including Legal Description and Vicinity Map
Exhibit B: Disclosure and Proof of Ownership Statement
Exhibit C: Authorization to Represent
Exhibit D: Pre-Application Conference Summary and Signed Fee Agreement
Exhibit E: Adjacent Property and Mineral Estate Owners
Exhibit F: Photos of Existing Conditions on the Property
Exhibit G: Site Plan, Floor Plans and Elevation Plans
Q ~ r~ r, n ~ CDU Speaa/ Request Parce/ IDA' 2643-344-05-053
tJ ~j tS 9
Newland Project Resources, Inc.
Exhibit A:
Parcel Description, Including Legal Description and Vicinity Map
Legal Description: Block 5, Lot 3, Filing 1 of the Aspen Airport Business Center
Subdivision.
Vicinity Map
o ~ ~~ r~ ~ O CDeU Special Request Farrel ID,# Z643-344-05-053
U 10
Exhibit B:
Disclosure and Proof of Ownership Statement
®U U 1 1 CDU Special Request Parse/ ID# 2643-344-OS-053
IZ
insured h-~reunder of any claim of title or interest which is time or sucn payment or renuer u. pay~~~r~~~, ~v ~.~~~ ,~,.,. ~~.,,
adverse to the title to the estate or interest as insured, and claimant and authorized by the Company
Order No.: 5812
SCHEDULE A _
Date of Policy: June 24, 1975 at 8;00 A.M.
1. Name of Insured:
Policy No.: 0 226977
Amount of Insurance: ~ 80,000.00
CRAYON R. BURKHOLDER and MARDELL L. BURKHOLDER
2. The estate or interest in the land described herein and which is covered by this policy is:
in fee simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CRAYON R. BURKHOLDER and MARDELL L. BURKIiOLDER, in joint tenancy
4. The land referred to in this policy is described as follows:
Lot 3, Block 5,
ASPEN AIRPORT BUSINESS CEA1TE12 FILING N0. 1,
according to the plat thereof recorded in Plat Book 4 at page 188 and amendment
thereto recorded in Plat Eook 4 at page 478A,
County of Pitkin, State of Colorado.
000012 Pa9e2
ootz STEWART TI7 Lt~,
OVARANTY CONPANV
SCHEDULE B
Order No. 5812
Policy No.: 0 226977
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Taxes for the year 1974 and thereafter, and any special assessment or charges
not yet certified to the office of the County Treasurer.
6. Right of way for ditches or canals constructed by the authority of the United
States as reserved in United States Patent recorded June 2, 1944 in Book
167 at page 561.
(The Company hereby insures the insured against any and all loss or damage
to the improvements resulting from the use or exercise of the right, if any,
to enter upon the surface as reserved therein.)
7. Terms, conditions and obligations as set forth in Contract for Contribution
Toward Water Main Construction recorded December 8, 1969 in Book 244 at page
883.
8. Easements for roads, sewer, water, .gas and electric utilities as shown on
the recorded plat and in instrument recorded August 17, 1972 in Book 266
at page 2.
9. Terms, conditions and obligations of Protective Covenants for Aspen Airport
Business Center recorded June 17, 1971 in Book 255 at page 916, in Avigation
Easement recorded August 20, 19.14, in Book 290 at page 373, in Resolution
recorded August 26, 1974 in Book''290 at page 510 and in Extension of Declaration
of Protective Covenants recorded October 23, 1974 in Book 292 at page 502.
10. Any tax, assessment, fees or charges by reason of the inclusion of subject
property in Basalt and Rural Fire Protection District, Aspen Fire Protection
District and Aspen MetropolitarrSanitaton District.
11. Deed of Trust from Craton R. Burkholder and Mardell L. Burkholder to the
Public Trustee of Pitkin County for the use of The Bank of Aspen to secure
$70,000.00, dated April 30, 1971 and recorded April 30, 1971 in Book 254
at page 969.
NOTE: Assignment of Leasehold Estate recorded April 30, 1971 in Book 254
at page 976 given in connection with above Deed of Trust.
CONTINUED ON PAGE 3A
000013 S'i`EWAFZT TITLE
Page 3 OUAAANTY COMPANY
1613
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 226977
Continuation of Schedule B
12. Deed of Trust from Craton R. Burkholder and Mardell L. Burkholder to the
Public Trustee of Pitkin County for the use of The Bank of Aspen, to secure
$21,000.00, dated October 16, 1972 and recorded November 2, 1972 in Book
268 at page 428.
13. A utility easement 5 feet in width along the Easterly boundary thereof, and a
utility easement 10 feet in width along the 'Southerly boundary of subject
property as reserved in deed recorded February 26, 1975 in Book 296 at page 615.
0000? 4
tF 1A
Page 3A
~'rF~v.~iz~r 'rr'rzr.
' Number Dafe of Policy Amount of Insurance
06 005 04 01569 April 30, 1971 2:22 P.M. $70,000.00 ,
1. Name of Insured:
CRAYON R. BURKHOLDER and MARDELL BURHIiOLDER (LESSEES)
2. The estate or interest in the land described herein and which is covered by this policy is:
~ Leasehold
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The ]and herein described is encumbered by the following mortgage or trust deed, and assignments:
a. Deed of Trust from Craton R. Burkholder and Mardell Burkholder to the
Public Trustee of Pitkin County for the use of The Bank of Aspen,
securing an amo~4nt of $70,000.00 acknowledged April 30, 1971 and
recorded April 30, 1971 as Document No. 145425 in Book 254 at Page 969.
The obligations under the. Deed of Trust are additionally secured by
an Assignment of Leasehold Estate in favor of The Bank of Aspen,
which instrument is recorded in Book 254 at Page 976.
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
Leasehold Estate created by Indenture of Lease made by John P. McBride to
Craton R. Burkholder and Mardell Burkholder, dated March 1, 1970, evidenced
by a Short Form Lease, recorded October 28, 1970 in Book 251 at Page 598
of the Pitkin County records, demising and leasing for and during a term
of forty years, commencing March 1, 1970 and ending the last day of
February, 2010, the following described premises, to wit:
A part of the Southeast one-quarter of Section 34, Township 9 South, Range
85 West, of the 6th Principal Meridian, Pitkin County, State of Colorado,
more particularly described as follows:
(continued on Added Page)
00OQ15
This policy valid only if Schedule B is attached.
Poliq Number 06 005 04 01569
Own~n
Policy Number
loan
Paragraph 5, Description (continued)
Commencing at the Southeast Corner of said Section 34, thence South
89°58'00" West and along the South line of said Section 34, 370.0 feet
to the true point of beginning; thence continuing along said line of
said Section 34, 100.00 feet; thence North 0°02'00" West 206.90 feet;
thence North 70°57'18" East 82.40 feet to a point of curve; thence along
a curve to the left, having a radius of $00.00 feet, a central angle of
3°16'46", an arc length of 11.45 fee,t;.._thence South 22°19'28" East 30.00
feet; thence SoixtTi b 02'd'b'' East 20.02 feet to the true point of beginning;
Excepting and Reserving the following:
A road and utlity easement and right-of-way 30 feet in
width along the Northerly boundary thereof, and a utility
easement 5 feet in width along the Easterly boundary thereof,
and a utility easement 10 feet in width along the Southerly
boundary thereof, together with the right to dedicate said
easements and rights-of-way to public use:
Non-Exclusive Riaht of Access to Leased Premises.
Together with ingress and egress thereto to and from State Highway 82
over and along the roads as are established by Lessor for the Aspen
Airport Business Center.
County of Pitkin,
State of Colorado.
000016
i
_.___. __
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Policy Number_o6 005 04 01569 ' ~""` r"
owns.
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
(3) Easements or claims of easements 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) Taxes or special assessments which are not shown as existing liens by the public records.
(6) Rights of Dower, homestead or other marital right® of thespouse; df any, of any tndlvtdual lnsut'ed.
Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A.
(1) Assignment of Leasehold Estate for Purposes of Collateral
Agreement from Craton R. Burkholder and Mardell Burkholder to
The Bank of Aspen, dated April 30, 1971 and recorded the same
date in Book 254 at Page 976, assigning, for Collateral purposes,
the Net Ground Lease insured herein.
(2) Rights and obligations imposed upon the lessee by the Net Ground
Lease described in Paragraph 4 of Schedule A, hereof, and creating
the leasehold estate hereby insured.
(3) The right of a proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or inter-
sect the premises, and rights-of-way for ditches and canals con-
structed by authority of the United States as reserved in United
States Patent.
NOTE.: The Company hereby insures against loss or damage to existing
improvements by reason of the exercise of the rights, if any, to enter
upon the surface of the premises.
(4) Rights-of-way and easements for roads, ditches, pipelines and
utility lines including:
a. Those described on the plat of Aspen Airport Business Center,
Filing No. 1, recorded in Plat Book 4, at Page 188.
b. Road and utility easement and right-of-way 30 feet in width
along the northerly boundary, and a utility easement 5 feet in
width along the easterly boundary of the real property described
herein;
Countersign d
a~.-
el
Authorized Signatory ,
Schedule B of this Policy consists of pages.
000017
Policy Number 06 005 04 01569 .._....._._., _.w._,_.M.....__ry _
Ownan
Policy Number
i~~
Paragraph 4 continued....
c. Easement for Aspen Metropolitan Sanitation
District recorded in Book 253 at Page 50.
(5) Declaration of Protective Covenants for Aspen Airport Business
Center as set forth in Short Form Lease recorded in Book 251
at Page 598. „
(6) Taxes for the year 1971 and subsequent years.
00008
Exhibit C:
Authorization to Represent
O U ~ U ~ 9 CDU Special Request Parre/ IDA' 1643-344-OS-OS3
11
Craton Burholder
Burkholderlnvestments, LLC
1 S96 W. Buttermilk Road
Aspen, CO 81611
Apri] ]0, 2008
Mr. Michael Kraemer, Planner
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: PERMISSION TO REPRESENT
Dear Michael;
Please consider this letter as authorization for Tom Newland of Newland Project
Resources, Inc. to represent us in the processing of our application for a Caretaker
Dwelling Unit on our property located in the Airport Business Center (State Parcel ID#
2643-344-OS-053). Mr. Newland is hereby authorized to act on our behalf with respect to
all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any assistance, please do not hesitate
to contact me.
Sincerely,
~ l._-
Craton Burholder, Manager
Burkholder Investments, LLC
000020
Exhibit D:
Pre-Application Conference Summary
And
Signed Fee Agreement
PITI{IN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: BLK 5, Lot 3, FL 1, 301 AABC PID# 2643-344-OS-053
ZONING: B-2
OWNER: Craton(;Burkholder Z nUes-~men,~s (I fl>
REPRESENTATIVE: Tom Newland PHONE and EMAIL:
618.9922, tomn(a~sooris.net
DATE: February 13, 2008 PLANNER: Mike Kraemer,
920.5482
Type of Application: Special Review for a CDU
Descripfion of Project/Development: Applicant would like to construct a CDU in an existing space.
Sec. 2-30-30(h): Special Review for a CDU
Sec. 4-30-50(e)(I)(2): Cazetaker Dwelling Unit
Sec. 6-30-40.c, GMQS Exemption for CDU
Sec. 2-40-20(f): Additional Special Review Procedures for CDU's
Staffwill refer the application to the following agencies: Housing, AABCc'1~3o~- n `f"' "`~
Review by: Community Development Director
Public Hearing: No. However the Applicant shall post a public notice sign on the property at
least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-
100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to
all adjacent property owners and mineral estate owners with the return address of the Community
Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County,
as they appear no more than 60 days prior to the date of the public hearing. A property owner
receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit
com jections to the Community Development Deparhnent.
FE ~ g3inake check payable to~itkin County Treasurer")~y~ - ~~~' ~Lq~/~/~ ~~E
• tanning Office flat fee: $693 (non-refundable; based on 3 hours of Staff time. If
staff review time exceeds 3.6 hours, the A licant will be charged for additional time
above 6 hours at a rate of $2~],/ffour) ~o?~
o Housing Referral Fee: g~66
o Public Notice Fee: ~~
~vE-g t'~c~l Fes: ,y~-
To apply, submit 3 co ies of the following information, unless noted otherwise:
I . Summary letter explaining the request, providing background on prior approvals and permits,
and addressing compliance with the Code sections listed above.
2. 24" x 36" and 1 ]"x 17" site plan as designated in Sections 2.1.3 of the Pitkin County Land Use
Application Manual;
nn r~ 11 CDU Speaa/Request Parce/ ID# 2643-344-OS-0S3
o O~V.n1 13
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. List of all adjacent property owners and mineral estate owners (1 copy)
10. Copies of this pre-app form.
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE
SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and sta,(j's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
CDU Speaa/ Request Parre/ IDJF 2643-344-OS-053
14
~~Qdc~.?
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
"PROJECT").
the
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness. The fee structure is based on
the COUNTY'S policy that development shall pay, in full, the cost of development review in the
COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense
incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the
proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of
the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use
applications shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY
staff to complete processing or present sufficient information to the Planning Commission and/or
Board of County Commissioners to enable the Planning Commission and/or Boazd of County
Commissioners to make legally required findings for project approval, unless current billings are
paid in full prior to decision.
6. Therefore, APPLICANT agees that in consideration of the COUNTY'S waiver of
its right to collect full fees prior to a determination of application completeness, APPLICANT shall
pay a base fee in the amount of $ which is based on _ hours of staff time, and if
actual time spent by staff to process the application exceeds the average number of hours by more
than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing.
PITKIlN COUNTY APPLICANT
Cindy Houben
Community Development Director
sy:
Print Name and Title (if applicable)
Mailing Address:
(~ ~) CDUSpeaa/ Request Garce/ ID# Z643-344-OS-053
O®VUL~ IS
Exhibit E:
Adjacent Property and Mineral Estate Owners
MCBRIDE JOHN P
C/O DAVID HOFF
PO BOX 370
WOODY CREEK, CO 81656
TORNARE FELIX A & SARAH B
5000 COUNTY RD 100
CARBONDALE, CO 81623-8862
MCBRIDE JOHN P
303E AABC
ASPEN, CO 81611
MCBRIDE KATHERINE HAWLEY
303 E AABC
ASPEN, CO 81611
HANSON STEVE
PO BOX 10493
ASPEN, CO 81612
TCI OF NORTHERN NEW JERSEY INC
D/B/A TCI OF CENTRAL CO ATTN: TAX DEP
PO BOX 173838
DENVER, CO 80217-3838
OWEST CORPORATION TL393
PROPERTY TAX DEPT
1801 CALIFORNIA ST 25TH FL
DENVER, CO 80202
0 0 0 0 2 4 CO(1 Special Reques[ Parre/ ID#7643-344-OS--053
16
C7aU Sp~erfal Request Pane/ ID# 11643-.34¢05-053
17
OOU~~5
Exhibit F:
Photos of Existing Conditions on the Property
LDC! Special Request Pairel ID,# Z643-344.05--053
18
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Exhibit G:
Site Plan and Floor Plans
0 0 ~ ~ ~ ~ COU Specia/Request Parce/ID~7643-344-OS-OS3
19
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ASPEN ANIMAL HOSPITAL IM RarlgNO CN TEC~• inc.
161 SR1MG-IG BRIDGE lME
BASALT. CDLatWO 81621
BUILDING #301 AABC
ASPEN, COLORADO R~_„,~
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PUBLIC NOTICE
RE: Burkholder Investments LTD Special Review for a Caretaker Dwelling Unit (P060-08)
NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will
consider an application submitted by Burkholder Investments LTD (1596 West Buttermilk Road,
Aspen, CO 81611) requesting approval to build an attached Caretaker Dwelling Unit. The property
is located at 301 AABC, and is legally described as Lot 3, Block 5, Filing I, Aspen Airport
Business Center. The State Parcel Identification Number for this property is 2643-344-OS-053.
For further information contact Mike Kraemer at the Pitkin County Community Development
Department, (970) 920-5482.
Published in the Aspen Times Weekly on May18, 2008.
Attention Adiacent Property Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By June 20, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Hearing Officer.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
May 1, 2008
Tom Newland
PO Box 4815
Basalt, CO 81621
tome@sopris.net
Re: Burkholder Investments LTD Special Review for a Cazetaker Dwelling Unit
(PID#2643-344-OS-053; Case# P060-08)
Deaz Mr. Newland:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property
owners with the return address of the Community Development Department (copy of notice will be
mailed to you by the Community Development Department) by (15 days out) May 18, 2008. The
names and addresses shall be those on the current tax records of Pitkin County as they appeazed no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice shall provide comments or objections to the Community Development by (30
days out) 20`h day of June, 2008. If any objections to the development application are received by this
date, the Community Development Department shall continue the application to a public hearing before
the Boazd of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest
public way) on the 2"d day of June, 2008, which is at least fifteen (15) days prior to the (30 day out)
June 20, 2008. This must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100 & 2-40-20 (F) CDU Notice
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Pitkin County Housing
AABC Homeowners Association
FROM: Mike Kraemer, Community Development Department
Re: Burkholder Investments LTD Special Review for a Caretaker
Dwelling Unit
(PID 2643-344-OS-053; Case P060-O8)
DATE: May 1, 2008
Attached for your review and comments are materials for an application submitted by
Burkholder Investments LTD. The Pitkin County Community Development Director
will review the application.
Please return your comments to me by Friday, June 20, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, Tom Newland, representing Burkholder Investments, an Applicant to the Pitkin County
Development Permit, personally certify that I have complied with the public notice requirements
pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner:
By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at
least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject
property, as indicated on the attached list, on May 16, 2008 (which is 15 days prior to the deadline of
June 20, 2008). The names and addresses of the adjacent property owners shall be those on the
current tax records of Pitkin County as they appeared no more than 60 days prior to the public
comment.
2.
By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the June 2, 2008, which is at least fifteen (15) days prior to the public comment
deadline. A photograph of the posted sign is attached hereto.
Burkholder Investments, c/o Tom Newland
Applicant's name
WITNESS MY HAND AND
My commission expires:
~~ ~Q~~~~~~~~ ~p~"`n ~"~3!tir1~
PITKIN C~NTY COMMUNITY DEVELO~IENT
Permit Receipt
RECEIPT NUMBER 00025887
Name: Newland Project Resources, Inc Date:4/23/2008
Project Address: NO ADDRESS ASSIGNED
Type: check # 3257
Permit Number Fee Description Amount
0060.2008.PLAN PP- Flat Fee 748.00
0060.2008.PLAN PP-Clerk Tech Fee 25.00
0060.2008.PLAN PP- Public Notice Fee 54.00
0060.2008.PLAN PP- Housing Referral Fee 166.00
Total: 993.00