The URL can be used to link to this page

Home My WebLink Aboutpitkin.planning.264326201010DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC an&or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1') 6 CASE NAMEIVAse Caretaker Dwelling Unit PROJ ADDR: 269 N Stanwood Dr. Lor R-1 4 Sherwood VN /APP: Wise, William 8 Mari P.O. Box1492 EI Paso. TX 79901 PH►!. LarryYaw,gio Cottle, Graybe AD 510 E Hyman Ave. Ste Aspen, CO 81611 P11 naifAdd, ALLOCATED HOU FEES DU : 255 + 110 clerk FEES RCVDj685 % OVER [FERRALS Attomey. Env. Health, Zomng, Housing, Stanwood HOA REF: 10/7/1998 BY TKT DUE: 11/4/1998 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 11/18/1998 BOCC No 10/17/1998 BOCC Resq. 9v F--- No BOCCOr' HRG OFF a 9/1998 BY: TKT HO INDEX ADMIN: PLAT RECORDED VR APPROVAL DATE: 11 CASETYP:., CaretakeerDwellingU CASE TYP CASE TYP3 -F- CASE TYP4: I le Location: FF Box #225 PLAT (BKPG): n/a ADMIN INDEX: -- +1998 VREXPIRES 11/2-- 001 CDU) , CASETYP5: SE TYPE: �- SETYP7: 7Date Scanned: 9j 925 -2867 11/1 42'3403 `y 11/1998 01 :13P RESOLUTI DAVIS 5 i 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL TO THE WILLIAM AND MARIE WISE DETACHED CARETAKER DWELLING UNIT Resolution No. 98 -A;0 William and Marie Wise ( "Applicants ") have applied to the Pitkin County Board of County Commissioners (`BOCC ") for approval of a detached caretaker dwelling unit. 2. The property is located at 0269 North Starwood Drive and is described as Lot R -14, Starwood. The Applicants propose to deed restrict the proposed caretaker dwelling unit pursuant to Section 3- 150.130(B), Caretaker Dwelling Units, and Section 3- 210.10. Special Review, of the Pitkin County Land Use Code ( "Code "). 4. The BOCC heard this application at its regularly scheduled meeting on November 18, 1998, at which time evidence and testimony were presented with respect to the application. 5. The BOCC has determined that the detached caretaker dwelling unit meets the standards established in Section 3 -150 -130 of the Land Use Code. NOW, THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grants approval for a detached caretaker dwelling unit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and public meetings. 2. Prior to application for a building permit, the caretaker dwelling unit deed restriction shall be recorded with the Housing Office. 3. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. 4. The kitchen unit shall contain at least a two -burner stove with oven, a standard sink, and no less than a 6 cubic foot refrigerator plus freezer. 5. A letter of intent from the community water district to service the proposed unit shall be submitted prior to application of a building. 6. A septic permit shall be obtained from the Environmental Health Department prior to application of a building permit. 7. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. 000001 �)1 ( / 2 1 1 11111 11111 11/111 iii 111111111111111 111 1111111111111 Resolution No. 98 -PUO 425403 12/11/1998 01:13P R LUTI DAVIS SILVI Page -2 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 8. Prior to application for a building permit, the applicant shall submit a Fugitive Dust Plan to the Environmental Health Department. The plan shall include measures to ensure that dust does not become a nuisance and travel onto adjacent properties. 9. A fireplace /woodstove application must be filed and approved by the Environmental Health Department prior to the application of a building permit. 10. The Applicants shall obtain final approval from the Starwood Homeowners Association prior to application of a building permits. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 17TH DAY OF OCTOBER, 1998. APPROVED AND ADOPTED ON THE 18TH DAY OF NOVEMBER, 1998. vesreo fiurrs Nonce Pv6tiss�eo i,+� 7Ye As/ry Trnts i,v ,ea e�rQe.� /�� i 94P, ATTEST: Jeaxett S,�yN��E �, � Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County ttomey Case #P131 -98 PID #2643 - 262 -01 -010 000002 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea Farris, Chair p� Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director I _ hJTVUCC:7-1cnluul TO: Board of County Commissioners Regular Meeting - November 18, 1998 THRU: Cindy Houben, Community Development Director ip FROM: Tamara Pregl, Planner RE: Wise Caretaker Dwelling Unit SUMMARY OF REQUEST: The applicants are requesting approval of a detached caretaker dwelling unit. APPLICANTS: William and Marie Wise REPRESENTATIVE: Larry Yaw, Cottle Graybeal Yaw LOCATION: The property is located at 0269 North Starwood Drive and is known as Parcel R -14, Starwood Subdivision. ZONING/LOT SIZE: RS -20; approximately 4 acres REFERRAL COMMENTS; Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were received from the County Attorney's Office, Environmental Health, Zoning, the Housing Authority and the Starwood Homeowners Association. COUNTY ATTORNEY COMMENTS: The staff report was reviewed by the County Attorney's Office on 11/12/98. BACKGROUND: The property is part of the first filing of the Starwood Subdivision, which is Board approved. On the plat are designated building sites. These building sites are not building envelopes, but "points of location" for proposed development. It is staff's understanding that the building envelope identified on the site plan submitted with the subject application was determined by the Homeowners Association. It has not been the practice of the County to strictly adhered to the building site locations when approving land use applications. ANALYSIS OF PROPOSAL: CARETAKER DWELLING UNIT (CDU): The following is a review and analysis of the proposal relative to the applicable standards of Section 3- 150.130(C) of the Land Use Code. The Board may permit a CDU not to exceed 700 square feet, to be located within a properly approved outbuilding on any lot in the RS -20 zone district under the following conditions and limitations: 1. The total floor area of the principal and caretaker unit shall not exceed the allowable FAR of the applicable zone district. 0010003 BOCC: Wise CDU g November 18, 1998 Page 2 Response: The allowable FAR for the RS -20 zone district is 15,000 square feet of residential floor area. The applicants have indicated that the total floor area of the existing principal residence is 7,128 square feet. The square footage of the principal residence and the proposed caretaker dwelling unit will be in compliance with allowable FAR. 2. There shall be provided one off - street parking space for each bedroom within the principal unit and one off - street parking space for each bedroom in the caretaker unit. Response: The applicants have indicated that they will provide adequate parking for the principal unit and the CDU. 3. The applicant shall deed restrict the unit to comply with the caretaker unit deed restriction pursuant to Section 3- 150.130(C)(3) of the Land Use Code. Response: The applicants agree to deed restrict the CDU in accordance with County regulations. 4. The dwelling unit deed restriction may only be removed upon approval by the Board of County Commissioners. Response: The applicants agrees to comply. SPECIAL REVIEW: A caretaker dwelling unit is listed as a special review use in the RS -20 zone district, and therefore must comply with the special review standards in Section 3 -210 of the Land Use Code. These standards require that: The use is consistent with applicable master plans, County Land Use policies, the intent of the zone district, and the character of the surrounding area. Response: The use is consistent with applicable master plans, County Land Use policies, the intent of the zone district, and the character of the surrounding area. 2. The location, size, design and operating characteristics of the use are in harmony with the surrounding area and minimize adverse effects. Response: The proposed detached caretaker dwelling unit will be partial located with in the building envelope identified by the Starwood Homeowners Association. The applicants have indicated that the size, design and operating characteristics will be in harmony with the surrounding area and minimize adverse effects. The Starwood Homeowners Association reviewed this application and have outlined a couple concerns: • The location of the detached caretaker unit extended outside of the Starwood building envelope for that property. No final approval has been given. However, staff has spoken with Bill Lukes, Architectural Advisor, who has indicated that Starwood would probably agree to allow the caretaker unit to be extended outside of the building envelope pursuant to the procedure outlined in the Starwood Protective Covenants. • In addition, the proposed detached garage /carport plus the existing attached garage requires a variance from the Starwood Protective Covenants. There were some letters of objection 00u004 BOCC: Wise CDU November 18, 1998 from members. Unless the objections are withdrawn in the interim, a full membership vote (August 1999) is required. It is staff's understanding that the applicant will work with the members who have objected to this project to come up with some solutions that are agreeable. 3. Adequate public facilities and services are available. Response: Properties in the Starwood Subdivision are serviced with domestic water through the Starwood community water system. Prior to the issuance of a building and septic permit, a letter of intent from the community water district to service the caretaker dwelling unit shall be received. Lots in the Starwood Subdivision are serviced by individual septic systems. The Environmental Health Department (EHD) has noted that the system installed for the primary residence may not accommodate additional uses. Prior to the issuance of a building permit, approval of the septic permit must be granted by the Environmental Health Department. RECOMMENDATION• Staff recommends that the BOCC pass the following motion, "to approve the detached caretaker dwelling unit for the Wise property, subject to the conditions in the attached resolution." ATTACHMENTS: A. Draft Resolution B. Housing Authority C. Zoning D. Starwood Homeowners Association E. Environmental Health 00u005 ATTACHMENT B w� Housing Office City of Aspen /Pitkin County 530 East Main Street, Lower Level Aspen, Colorado Sifii i (970) 920.5050 MEMORANDUM Fax: (970) 920.5580 TO: Tamara Pregl, Community Development Dept, FROM; Stefanie Levesque, Housing Office DATE: October 15, 1998 RE: Caretaker Dwelling Unit Review / wise Parcel ID No. 2843 -262 -01 -010 ISSUE: The applicant is proposing to construct a detached caretaker dwelling unit, Titers is an existing single family residence an the lot. BACKGROUND; According to the Pitkin County Land Use, Sectors 3- 150.130 B, "Other Caretaker" units, Via Board may permit Caretaker Dwell" Units up to 700 square feet on any size lot in the 1-30, AFR -10, AFR -2, RS-20, RS 30 and RS-150 zones. The Board may permit Caretaker Dwelling Units up to 400 square feet on any size lot in the R-6, R -15 and R -1 5A zone districts. Ail such units may be attached to, or within, the principal residence: within a property approved outbullding; or detached, Ail such unds may be approved under the following conditions and limitations: 1. The total floor area of the principal and caretaker unit shall not exceed the allowabfe FAR of the applicable zone district. 2. The applicant shall by dead restriction or other permanent commltmant running. with the land, guaranies that the caretaker unit shall not be required to be rented; not be condominiumized or sold; not be occupied by its owner or spouse; be limited to occupancy by not more than two (2) adults, and related children, who quaitfy as (and have been found by the Housing Authority to be) employees of the community, under such guidelines as may be from lime to time established by said Author* be rented for terms not lose than sou (6) months if rented. The caretaker dwelling unit may be occupied by mem bem of the immediate family even though they may not qualdy as employees of the communiy. "Immediate Family" shall mean a person related by blood or marriage who is a fast cousin (or closer relatve) and his or her children. Staff recommends approval as long as the following conditions are melt: the kitchen contains at least a two -bumer stove with oven, standard sink, and at least a &cubic foot refrigerator plus freezer; 2. a Caretakar Dwelling Unit deed restriction be recorded before building permit approval (this document shall be obtained through the Housing Office). i9UL666 1'd J30 9tISr10H N3dS1J WZT:60 65, ST 100 Joanna Schaffner, 07:31 A 0/13198, WISE COU, parcel IDS# 2l t3 -262- X- Sender: joannas @comdev Date: Tue, 13 Oct 1998 07:31:15 -0600 ATTACHMENT C To: TAMARAP @co.pitkin.co.us From: Joanna Schaffner <joannas @ci.aspen.co.us> Subject: WISE CDU, parcel ID# 2643- 262 -01 -010 1 have reviewed the above referenced application and offer the following comments. 1) The zone district is RS -20, not AFR -10. 2) The caretaker dwelling unit should be located within the building radius. 3) The deed restriction should be required prior to issuance of a building permit, not prior to Certificate of Occupancy. 4) The drawings /plans submitted were used for illustrative purposes only, and have not been reviewed for compliance with county height or floor area regulations. 000007 Printed for Tamara Pregl <amarap@co.,pitkin.co.us> W I L L I A M L U K E S + A S S O C I A T E S P R O) F C I M A N A G E 61 E N T A R C H I T E C T U R F 27 October 1998 ATTACHMENT D Tamara Pregl Pitkin County Community Development Department 130 South Galena Aspen, Colorado 81611 re: Wise Caretaker Dwelling Unit Parcel ID 2643- 262 -01 -010 Tamara We received your notification dated October 7, 1998 and Meg Haynes, Chairman of the Starwood Homeowners Association Board of Trustees, asked me to respond on behalf of the Association. The Starwood Architectural Committee has an active application from William Wise and their architect Larry Yaw for the project which has been submitted to your department. The Committee conducted a Preliminary Review of the project at their August 11, 1998 meeting. The project as proposed required approval of two specific aspects which are still under consideration. First, the location of the detached caretaker / carport building extended outside the Starwood building envelope for that property, no final approval has been given by Starwood for the location as proposed. Second, by proposing a detached garage or carport in addition to the existing attached garage, the project requires a variance from the Starwood Protective Covenants. Notice was sent to the Association members [property owners] pursuant to the Covenants and the number of written objections received from members triggered a requirement in the Covenants that the request for the variance be submitted to the full membership for a vote. This would not occur until August, 1999 unless 1) the objections are withdrawn in the interim, or 2) the Board decides to conduct a special vote of the membership on this issue Neither of those has occurred as of this time. The Starwood Architectural Committee has therefore not given preliminary or final approval to this application as of this time and there are several issues associated with the application which remain to be addressed in some form by the applicant and the Architectural Committee. POST 0k1ICL Box 8x89 ASPEN CotoRATO 81bix UUU�O� 9;0.92o.6929 TAX 920 6986 27 October 1998 Page 2 While the Starwood Homeowners Association generally supports the concept of caretaker units on Starwood properties as very appropriate to Starwood and consistent with the allowed residential uses that are included in the Protective Covenants, several Association members have expressed concerns or objections regarding this specific application in its present form and the Association therefore cannot, at this time, furnish the Board of County Commissioners with a letter of support for the application. Please let me know if you would like any additional information or if we can be of any assistance. A representative of the Association will attend the BOCC meeting on November 18 Cordially, ttj �- LA William Lukes AIA Architectural Advisor to the Starwood Architectural Committee copies: Meg Haynes Julia Johnston Paul Taddune Cita and Irwin Stelzer Larry Yaw li01ti09 ATTACHMENT E MEMORANDUM To: Tamara Pregl, Community Development Department From: Nancy MacKenzie, Environmental Health Department r'J Date: November 9,1998 Re: Wise Caretaker Dwelling Unit Parcel ID # 2643 - 262 -01 -010 The Aspen/ Pitkin Environmental Health Department has reviewed the details of the Wise application under the authority of the Pitkin County Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104: "It is the policy of the County to unsure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is available." The applicant is served by the Starwood Water District and needs to provided a "...letter of intent to service the expanded use..." as defined in the Pitkin County Code. We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems decreased for low water plants. Contact the Colorado State University Cooperative Extension office or Denver Water Board for more information on xeriscaping. The County cannot issue septic and building permits until the applicant provides a letter of intent from the Starwood Water District to serve this expansion of service. SEWAGE TREATMENT AND COLLECTION: Sections 2 -18 and 3 -1105: "It �s the pohcv „ I t1w (Oust, to ensure that adequate sewage treatment facilities are available to serve existing and new developments Public and private sewage disposal %\ .t,ni� and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal Svstcm Regulation." Lots in the Starwood area have individual septic systems The existing house has a system designed for the 4 bedrooms in the main house and is not designed to serve additional use. The caretaker unit will need a sewage disposal system. No data has been submitted with this application to indicate that there is a suitable area for an additional sewage disposal system for the proposed caretaker unit. 0001010 Pnnmd un Rrcydvd Pepin This particular lot appears to have difficult soil condition for conventional sewage disposal systems. The initial septic system for the main house was install in December of 1995. The system was designed based on an average percolation rate of 53 mpi, a relatively slow rate. This system failed and had to be replace in a different location. The failure of the first system has not been determined. There were several factors that could have contributed to its failure. 1) Heavy truck traffic over the area of the absorption field before &/ or after installation 2) Recontouring of adjacent land which caused runoff to flow onto the absorption field. 3) Poor soils with a very slow percolation rate. The failed absorption field was abandoned and an engineered replacement absorption field was relocated north of the house in 1996. The percolation rate in this area was even slower, an average of 90 mpi. Because of the slow percolation rate of the soil, the engineering firm of E.O. Church designed an 'experimental' Drip Irrigation system. This system was one of the eight Experimental Drip Irrigation systems allowed as an experiment in our county. This system was not designed to include the proposed detached caretaker unit. Because of the soil conditions on this lot and other constraints, it is possible that even though the applicant receives permission to build a detached caretaker unit, there might not be a suitable site to construct an additional ISDS for this expanded use. The applicant should contact an engineer registered in the State of Colorado who is knowledgeable in ISDS design to evaluate this application and to determine if an additional ISDS for the caretaker unit can be designed for the detached caretaker unit. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County's septic regulations. Owners should realize that the engineer must perform the soils tests between April 15 and Nov. 15 of each year. The County cannot issue building and septic permits without these soils tests. To receive a septic permit, the applicant will need to submit a septic permit application through a Registered Professional Engineer who will design the system. The packet must include several items, including percolation test results and profile hole information. It must also include a site plan with pertinent physical features. A floor plan for the dwelling and caretaker unit and a copy of the County's land use approval are needed as well. Once we receive the completed application, this Department will analyze and review the proposed septic design. It may take some time to have soils tests performed and additional time to have the system designed. The department can evaluate the site and soils tests only between April 15 and Nov. The owner should carefully evaluate this schedule to make sure all steps have been taken to make the permitting process as fast as possible. The type of soil will determine how large the septic system must be. The owners will need to obtain site specific soil data. The leach field should be in an area of no traffic, the owner should plant the field area with dry land grass, and residents should not water the leachfield area. It is desirable to locate the system P—W — R,.ydod P,�, t�ur;t�11 E below the house so that the system can operate by gravity. The applicant should refer to the Pitkin County Sewage Regulations for detailed information, or call our office to discuss this site. The site will pose some difficulty in placing the system away from hazards. One difficulty is that the ditch on -site poses a problem. Water drainage from the ditch was impairing the functioning of the replacement 'Drip Irrigation' design installed in 1997. The engineer was aware of this problem and was to have it corrected. Percolation test holes should be below the ditch in the area of the proposed leach field. If water from the ditch collects in these holes, the design will have to keep water from the ditch away from the leach field. These measures include culverting the ditch or creating diversion swales to move the water away from the septic system. The system must be at least fifty feet away from the ditch, with additional distance required for larger house. The engineer must do percolation tests during the time of high runoff in the area of the proposed leach field. Measures to mitigate water drainage include culverting or creating diversion swales to move the water away from the septic system. The Pitkin County Land Use Code prohibits soil absorption systems in areas where the ground slope is in excess of thirty percent (30 %). A condition of approval for this application is the receipt and approval of the septic permit before issuance of a building permit. WATER QUALITY IMPACTS: Sections 2 -14 and 3 -705 and 3 -710: "It is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources, or which would occur at the expense of established water - dependent agricultural activities; or which would result in increased saluuzation of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts on down stream water quality. This application should not impact down stream water quality if the setbacks between the septic system and physical features comply with the Pitkin County Sewage Regulations. The Environmental Health Department's mission is to preserve and protect the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge that can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin. To accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and /or dry wells for water runoff from buildings. G ,01✓0— 2 Pmt,d- R,,yd,dN+ r AIR QUALITY: Sections 2 -13 and 3 -602: "Only that development is permitted which will not contribute significantly to degradahon of au quality in Pitkin County Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations " This project should not contribute significantly to degradation of air quality in Pitkin County since it consists of only a single family home (with caretaker unit). FUGITIVE DUST Activities such as road building and landscaping require a Fugitive Dust Plan. The measures must prevent windblown dust from blowing off the property or creating a nuisance. This plan needs to include, but is not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures. A condition should be approval by the Aspen/Pitkin Environmental Health Department of the fugitive dust control plan, containing enough measures to ensure that dust does not become a nuisance or blow onto adjacent property. FIREPLACE Metropolitan areas of Pitkin County that includes this site may have two devices: either two gas log fireplaces, two certified clean- burning woodstoves, or one of each. Each building may also have unlimited numbers of decorative gas appliances. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. The owners cannot install fireplaces or woodstoves in barns or agricultural buildings. A condition of approval for this application is the receipt and approval of the fireplace /woodstove permit by the Environmental Health Department. This is a condition of building permit issuance. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -7: It i, the pr,heN ,,, the County to ensure that no use or development of land is permitted which ism violation of the laws of the County, the State ul Colorado, or thv United States of America." This Department is not aware of any issues of concern regarding other environmental health laws. Huu13PrmaJ.+n RrvplrJ Pap, 000014 October 1. 1998 Ms. Suzanne Wolff Planning Director Pitkin County 130 South Galena Aspen, Colorado 81611 COTTLE GRAYBEAL YAW a rchl tecfs Re: Caretaker Unit Application Mr. & Mrs. William Wise Parcel R -14, Starwood Subdivision Pitkin County, Colorado Dear Suzanne, Per our pre - application meeting on September 23, I am submitting on behalf of Mr. and Mrs. Wise an application in accordance with the provisions of 3- 150.130 Caretaker Dwelline Units; Sections 4 -40, 4 -50, 5 -50 and 3 -210 Special Review, Standards A - D. Preliminary approval by the Starwood Homeowners has been granted with conditions that will be met for final approval. This is being processed simultaneously with the County Caretaker Dwelling Unit Application. Also, enclosed please find a letter from Mr. Bill Wise denoting Cottle Graybeal Yaw Architects as authorized representatives for regulatory submissions required for project approval. Per the General Application requirements, the following: Applicant Background Information Mr. & Mrs. William Wise c/o Cottle Graybeal Yaw Architects 510 East Hyman Avenue, Suite 21 Aspen, Colorado 81611 (970) 925 -2867 Property Description Parcel R -14 Starwood Subdivision Please call if you have any questions whatsoever. Thank you. Page 1 of 6 510 East Hyman Avenue Suite 21 ASPEN, CO 81611 el 9709252867 fax 9709253736 e -mal for Ao6ces PO Box 3507 107 North Fir Street TELLURIDE, CO 81435 tat 970 728 3037 fax 970 728 3236 cgs architects t) PO Box 6337 37347 U S Hwy 6 Suite 200 AVON, CO 81620 tel 970 748 1516 fax 970 748.1518 ccmpusern e c: m B. LAND USE STANDARDS - CARETAKER DWELLING UNITS (SEC. 3- 150.130): Under the provisions of Sec. 3- 150.130.B, the Board may permit Caretaker Dwelling Units up to seven hundred (700) square feet on any size lot in the AFR -10 zone. Such units maybe located attached to or within the principal residence, within a properly approved outbuilding, or detached from the principal residence. All such units may be approved under the following conditions and limitations: 1. The total floor area of the principal and caretaker unit shall not exceed the allowable FAR of the applicable zone district. The total square footage of the principal residence and the proposed caretaker unit will be in compliance with the floor area limitation in effect at the time of building permit issuance. Current residence is 7,128 square feet by current FAR measurement standards. 2. There shall be provided one (1) off - street parking space for each bedroom within the principal unit and one (1) off - street parking space for each bedroom in the caretaker unit. One off - street parking space per bedroom for the free market residence as well as one space for the caretaker unit currently exists and/or will be provided with the caretaker unit and will be maintained on the parcel at all times (see site plan). 3. The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented, not be condominiumized or sold, not be occupied by the owner or spouse, be limited to occupancy by not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established by said Authority; be rented for terms not less than six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate family even though they may not qualify as employees of the community. "Immediate Family" shall mean a person related by blood or marriage who is a first cousin (or closer relative) and his or her children. A deed restriction will be submitted prior to the issuance of a Certificate of Occupancy in compliance with the above criteria. 4. The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Board, 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 Code requirements. The above criteria will be incorporated into the deed restriction for the unit. C. PROCEDURES FOR ONE -STEP REVIEWS (SEC. 4 -50): 1. General (Sec. 4- 50.10): The development application listed below for which approval is being requested is subject to the one -step review procedures described in Sec. 4 -50 of the Code: a. Caretaker Dwelling Units (refer to Sec. 5 -50 for submission contents and Section 3- 150.130 for review standards). (Sec. 4- 50.10.1) 2. Procedure (Sec. 4-50.20): The following steps in the land use review process for one -step reviews as described in Sec. 4- 50.20 are addressed as part of this application: UULJ15 Page 2of6 wr ref a. Pre - Application Conference (Sec. 4- 50.20.A): Prior to the formal submission of an application, it is required that an applicant confer with the Planning Office staff in a pre - application conference to obtain information and guidance.... The applicant has conferred with the Planning Office staff in a pre - application conference on September 23, 1998. The pre - application summary prepared by the Planning Office is attached as Exhibit A. Also, please find enclosed a letter from Mr. Bill Wise denoting Cottle Graybeal Yaw Architects as authorized representatives for regulatory submission required of the project. Is. Submission of Application and Fees (Sec. 4- 50.20.B): A development application shall be submitted in the standard form as specified by the staff and shall contain the submission contents identified by the staff in the pre - application conference pursuant to Article 5 of the Code. The development application shall be accompanied by a fee, as established by the Board. The development application is being submitted in the form as specified by the staff and contains the submission contents identified by the staff in the pre - application conference. The development application is accompanied by the filing fee established by the Board. C. Vested Property Rights (Sec. 4- 50.20.H): Following receipt of a development permit an applicant may request the Planning Office to initiate procedures for vesting property rights pursuant to Section 4 -140. The applicant is requesting that following approval of a development permit that the Planning Office initiate procedures for vesting property rights pursuant to Section 4 -140. D. SUBMISSION CONTENTS -GROUP DEVELOPMENT APPLICATIONS (SEC. 5 -50): 1. General (Sec. 5- 50.20.A) Sec. 5 -50 of the Code establishes the required submission contents for Group I development applications. Group I development applications include the following use for which the applicant is seeking approval: a. ... Caretaker Dwelling Units (refer to Sec. 4 -50 for procedures and Sec.... 3- 150.130 for review standards). (Sec. 5- 50.10.G) 2. Application Contents (Sec. 5- 50.20): Development applications for activities categorized in Group I such as Caretaker Dwelling Units shall include the minimum submission contents for all land development applications, addressed below, and a written report demonstrating that the application complies with the applicable review standards identified in Sec. 3- 150.130 (see page 3): a. General (Sec. 5- 50.20.4): All development applications shall include, at a minimum, the information and materials specified in Sec. 5 -50.20 of the Code. During the pre- application conference, the Planning Office staff may authorize modifications to the required submission contents. The application addresses all requirements of the Code applicable to the use proposed. t�U0016 Page 3 of 6 %.1 .*.Wp b. Applicant's Background Information (Sec. 5- 50.20.B): A letter signed by the applicant containing tire applicant's name, address and telephone number, or if applicable, the name, address and telephone number of the representative authorized to act on behalf of the applicant. Applicant is submitting application for Caretaker Unit on behalf of Mr. and Mrs. Bill Wise. The authorizing document is attached as Exhibit B. C. Parcel Description (Sec. 5- 50.20. C): The street address, and current legal description of the parcel on which the development is proposed to occur and a 8 %" x 11 " vicinity neap locating the subject property within Pitkin County. The street address of the parcel is 269 North Starwood Drive, Pitkin County. The legal description of the parcel is Parcel R -14, Starwood Subdivision. A vicinity map locating the subject property is included as Exhibit C. d. Disclosure and Proof of Ownership (Sec. 5- 50.20.D): A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to rise the land for the purposes identified in the development application. This shall normally require proof of complete ownership or written consent from all owners. The staff may also request the applicant to supply a title history for the subject property and contiguous property demonstrating the chain of title. A copy of the title policy setting forth the owners of the property is included as Exhibit D. e. Legal Access (Sec. 5- 50.20.E): Sufficient information to demonstrate that the applicant has adequate legal access to the parcel for the development proposal. Access to the parcel is by roadway from the McLain's Flats road, proceeding through the Star-wood Subdivision and directly to parcel R -14. All roadway access has been previously approved by Pitkin County via the subdivision process. f. Standards Report (Sec. 5- 50.20.F): A written report demonstrating that the proposed development complies with the applicable substantive review standards. The review standards of Sec. 3- 150.130 which are applicable to Caretaker Dwelling Units are addressed beginning on page 3. g. Pre - Application Conference Summary Sheet (Sec. 5- 50.20. G): A copy of the pre - application conference summary sheet provided to the applicant at the pre - application conference. A copy of the pre - application conference summary sheet provided to the applicant following the pre - application conference is attached as Exhibit A. h. Site Utilization Maps (Sec. 5- 50.20.H): Twenty four 24 "x36" and two 8 % "x11 " site utilization maps specified by the staff during the pre- application conference. During the pre - application conference, the C;UU017 Page 4 of 6 Planning Office may authorize an applicant to consolidate or delete specific neaps which may not be applicable to a particular development proposal. The 24"x36" site utilization maps must be folded to fit within a legal sized folder with the name of the application visible. Rolled site plans will not be accepted. Staff has requested fifteen (15) copies of the relevant Final Plat drawing and these are being provided along with 12 copies of a reduced drawing of the lot is also included as Exhibit E to the application. L Copies of Application (Sec. 5- 50.20.1): Twenty-four (24) application copies. Fifteen (15) copies of the application are being submitted, as requested by the Planning Office. SPECIAL REVIEW AND MAJOR AMENDMENTS FOR ACTIVITIES IN THE USE TABLES (SECTION 3 -210, STANDARD A -D) A. The special review use shall consider: 1. The applicable County Master Plan; The primary residence and caretaker structure are located in Stanvood subdivision, which is in accordance with Pitkin County Master Plan. 2. County Land Use Policies in Article 2. Project is in conformance. 3. The intent of the Zone District in which it is proposed to be located; Primary structure was completed in 1995 in conformance with the provisions of the Zoning Regulations for the RS -20 Zone District. 4. The character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhance the mixture complimentary uses and activities in the immediate vicinity of the parcel proposed far development. The project has received preliminary approval of the Starwood Homeowners Association, with conditions of a Landscape plan, compatible height and bulk, relocation of a dog kennel, said conditions to be fulfilled at Final approval. B. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. The project has received preliminary approval of the Starwood Homeowners Association, with conditions of a Landscape plan, compatible height and bulk, relocation of a dog kennel, said conditions to be fulfilled at Final approval. UOOO18 Page 5 of 6 w C. 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. The proposed caretaker project is located in Starwood Subdivision whose services and proximity to public facilities are established. D. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: 1. Not materially endanger the public health, safety or welfare. The project will be subject to all applicable regulatory controls, building codes etc. 2. Substantially injure the value of adjoining or abutting property. The project has received preliminary approval by the Starwood Homeowners Association and concurrently with this application is being processed toward final approval and will not substantially injure the value of neighboring properties. I y \mb \wise \caretakr.wpd 000019 Page 6 of 6 SEP -24 -1998 08:02 FROM RSPEN /PITKIN COM DEV TO � 53Z6� P.01 L PITKIN COUNTY PRE - APPLICATION CONFERENCE SUI DIARY PLANNER: Suzanne Wolff DATE: September 24, 1998 PROJECT: Wise Caretaker. Dwelling Unit LOCATION: Lot 14, Starwood; N. Starwood Drive REPRESENTATIVE: Larry Yaw OWNER: William Wise Type of Application: Caretaker Dwelling Unit Phone/Fax: 925- 2867/925 -3736 Description of Proje"evelopment: Applicant proposes to construct a detached caretaker unit. There is an existing single family residence on the lot Land Use Code Sections: • 3- 150- 130(B), Caretaker Dwelling Unit • Section 3 -210, Special Review C�k-Di Review by: BOCC only Public Hearing? YES. A public notice sign shall be posted on the property at least 15 days prior to the hearing. Staff will refer to: Attorney, Environmental Health, Zoning, Housing, Starwood Homeowner's Association Planning Fee:.$255 Referral Agency Fees: $160 (Housing) + $160 (Env Health) + $110 (Clerk) TOTAL DEPOSIT: $685 To apply, submit S. copies of the following information, unless noted otherwise: 1. Proof of ownership of subject property 2 Parcel description, including legal description and vicinity map 3. Consent from owner(s) to process application and authorizing the representative (if applicable) (1 copy) 4. Total deposit for review of the application 5. Summary letter explaining the request, describing existing conditions, and addressing the Code sections 1 isted above_ 6. 24" x 36" OR 11" x 17" Site Plan 7. Floor plans & elevations of CDU (if available) 8. List of all adjacent property owners (1 copy), and an addressed envelope for each owner, with the return address of the Community Development Department. 9. Copy of this preapp form (I copy) 000020 T1T01 P _ Rt ZYa- r,za.�ea rya a vv Wisp- September 24, 1998 Ms. Suzanne Wolff Pitkin County Planner 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Wolff This letter shall serve as written notification that I have authorized Cottle Graybeal Yaw Architects to serve as my representative regarding my property (Lot 14, Starwood; 269 North Starwood Drive) in Aspen, Colorado. Enclosed is my check in the amount of $685.00 and a copy of my Title Policy (as proof of ownership) in order to process the necessary application to construct the detached caretaker unit on said lot. Sincerely, 000021 O I ci- I EXHIBIT C: WISE CARETAKER �n4 FA do 1 TY �"` Iliwllll,llll 'I, III.„..... 1 1 J -Lt M F DENISE L. LANGE OFFICE MANAGER august 21, 1994 William A. Wise Marie F. Wise P.O. Box 1492 Hl Paso, TX 79901 RE: Lot R -14, Starwood PCT -8894 0 0 EXHIBIT D: WISE CARETAKER ID :541 -2800 EXH /,g/T ,U MAY 08'98 11 15 No.001 P.01 PITKIN COUNTY TITLE, INC. P.O. BOX 1417 23286 HIGHWAY 82, SUITE 22 BASALT, COLORADO 81621 -1417 303 - 927 -4993 1 303 - 927 -4096 PAX X0' 1U v`C! c e� JODY MURPHY ESCROW OFFICER Pitkin County Title, Inc, is pleased to provide you with the owners policy relative to the above mentioned file. Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office in insure re -issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc, the opportunity to serve you. Sincerely, Denise L. Lange Office Manager UOU023 ,; ALTA Owner's policy ID:541 -2800 +�•. Policy of Title Insurance Issued By New York TRW Title Insurance Inc. 11 15 No.001 P.02 so rrw 0112 - 222374 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NEW YORK TRW TITLE INSURANCE INC., a New lbrk corporation, herein called the Company, Insures, as of Date of Policy shown in Schedule A, against lossordamage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the Insured by reason of: 1. Title to the estate or Interest described in Schedule A being vested other than as stated therein; 2. Any defect In or lien or encumbrance on the title; 3. Unmarkstability of the title; 4. Lack of a right of access to and from the land; The company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. New York TRW Title Insurance Inc. L,"4 Gharman of the Board ATTEST sa�r�y (1) lc- �'\ V ID:541 -2800 MAY 08'98 11:16 No.001 P.03 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regula• tions) restricting, regulating, prohibiting or relating to (1) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, Ilens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained It the Insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. t. DEFINITION OF TERMS. The following terms when used In this policy mean: (a) "Insured": the insured named In Schedule A. and. subject to any fights or delanses the Company would haw half against the named Insured, those who succeed to the Interest of the named insured by operation of law es distinguished from purchase Including, but not limited to. heirs, distrlbuteee, devisees, ourviwrs, personal represen- tatives, neat of kin, or corporate or fiduciary aucce5som, (b) "Insured Claimaht'I an insured claiming loss or damage. CONDITIONS AND STIPULATIONS "public records" shall also include environmental protec. lion liens filed in the records of the clork of tho Unilod States district court for the district In which the land is located (g) "unmarkst billy ofthe title":anallegedorap- parent matter dfecting the title to the land, not excluded or excepted from coverage, which would enlille a pur. chaser of the estate of Interest described In Schedule A to be released from Iho obligation to purchase by virtue of a contractual condition requiring the dalivery of marketable title, hereunder of any claim of Illle orinloresl which Is adverse to the Idle to the estate or Interest, as Insured, and which might cause loss or damage for Which the company may be liable Dyvlrtue Of this policy, or (III) If title to the estata or Interest, as Insured, Is rejaded as unmarketable. It prompt notice shall not be plum to the company, than as to the Insured all liability of the company shell terminate with regard to the manor of mallere for which prompt notice Is required; provided, however, that failure to noilly the Company shall In no case prejudice the rights ul any insured under this policy unless the Company shell be NJ .ej ID:541 -2800_ _ MAY 08'98 11:17 No.001 P.O4 (continued from inside front cover) •J (a) The Company Shea have file nght. at Its own coal, to insllluto and prosecute any action or proceeding or to do Any other act which In Its opinion may be necessary of desirable to establish the title to the &oldie or Interest, as insured, or to prevent or reduce load or damage to the Insured. The Company may lake any ap- propriate action under the terms of this policy, whether or nit it shall be liable hereunder, and shall not thereby cOn Oede liability or waive any provision of this policy, II the Company shall axsmise its rights under 'his paid. graph. II shall do so dtliyponlly. (c) Whenever the Companyshall have brought any action or Interposed a defense as required or p4rmflted by the prwlslons of this policy, the Company may Pursue any Iltipalion to final determination by a court of comps. lent jurisdiction and expremly 986"s the right, in its sole dlscretlon, to appeal from any adverse udglhenlororder (d) In ell cases where this policy permits or re- quires the Company to prosecute or prwlde for the defense of any action or proceeding, the Insured shall cecure to the Company the right to ec prosecute or pro. vide defense In the action at proceeoing, and all appeals therein, and permit the Company to use, at its option, the name of the Insured for this purposo. Whonavve requested by the Company, the Insured, At Company's expense, Shell give the Company all reasonable aid (I) In any ac- (ion or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro. caeding, of afleding settlement, end (II) in any other lawful act which In the opinion Of the Company may be necessary or desirable to establish the title to the estate or interesl as Insured. If the Company is prejudiced by the failure of the Insured to furnish [tie required cooperation, the Company's obligations to the Insured under the policy shall terminate, Including any lability or obligallon to do. land. prosecute, or continue any IIIIgallon, with regard l0 the matter or manors requiring such cooperalion. 6. PROOF OF LOBS OR DAMAQE. In addition to and after th0 nrnicee required under Sernlon 3 ol These Condition& and SbpWatione have boon provided the Company, a proof 0loss or dome,9& signed end sworn io by Iha insured clalmanl shell be Iurnlsh00 ro Iha Company within SO days After' In clalmanl shall e'certain me lade; giving rise to the load or damage, The proof of loss or damage *hall describe the doled f , or Ilan are ncumbrance on the into , or Other mane' Insured -go met by this Policy will canslllutos Iha beefs 'It's , or damage"shall state, to the estenl possible, the Dash of stouter mg the amount of the lobs or damage. it the Company fe prejudiced by Iha failure of the Insured clalm- anl to provide the required proof of loss or damage, the Company o obligations to the Inwfed under the policy spell terminate, including any liability or obligation to de. lend, prosecute, or continue any litigation, with regard to Iha matter or matters requiring such proof of loss or damage. In addition, the Insured claimant may reasonably be required to submit to examination under both by any authorized representative ol'he Company ant, shall pre duce for examination, inspection and copying, M such reasonable times and places as may be designated by any authorized ropresen(aliv& of the Company, an records, boob, ledgers, chocks, correspondonce and memo- randa, whether bearing a date before or ails, Dale of Policy, which reasonably poftaln to file loss or damage. Further, if re9uasled by any authorized representative of "8C the insured claimant shall grant he Permit. elan, In wrlling, for any authorized representative of the Company to examine, Inspect and copy all raoorda, boola, ledgers, checks, corraspandonce and memoranda in the cuSIOdy or control of a third party, which reasonably per. tain to the loss or damage. All Information doslgnaied as ccntldantial by the Insured claimant Provided to the Cam - Pliny pursuant to this Section shall not be disclosed to others unless, In the reasonable judgmenl of the Com. Party. If is necessary In the adminlsbolion of the claim. Fallura of the Insured clalmanl resubmit for examination under oath, produce other reasonably requested Infor- mation or gran' permission to secure reasonably n0oas- sery Information from third parties as required In this Paragraph, shall terminate any liability of the Company under this policy as to that claim. 1241 J Ut;02l B. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMSI TERMINATION OF LIABILITY. In ceao of a clalm under this policy, Ihs Company shall have the following additional options; (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of In. surance under this policy together WIM any costs, altar. nays' lees and expenses Incurred blithe Insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company Is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any lability or obligation to defend, prosecute, or continue any litigation, and the policy shn11 be Sur. rendered 10 the Company for cancellation. (b) To Pay or Otherwise Settle Wl(h Parties Other than the Insured or With the Insured Claimant. (I) to pay or otherwise Settle -fill other portion for or In the name of an Insured claimant any claim In. sured against under this policy, together with anyy costs, attorneys' 1002 and expenses Incurred by the Insured Ointment which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (n) to pay or otherwise settle with the Insured claimant the loss or damage provided for under this policy, together with any costs. e110meys' IAe* and expenses In- curred by the insured 0101manl which were aulhorizod by the Company up to the finite of payment And whivh the Company Is obligated to pay. Upon file exerclsa by the Cant any of (littler of the options Provided for In paragraphs Pb)(1) or (i1), the Com- pany's obligations to file Insured under this policy for the claimed loss or damage, other than the payment& lequlred to be made, shall terminate, Including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE, This policy Is a contract of Indemnify against actual monetary loss Or damage sustained or incurred by the Insured claimant who has suffered lass or damage by reason of matters Insured against by thin policy and only to the oxlenl herein described. (a) The llabllllyof the Company under this policy shall not excood the least ol: (I) the Amount of Insurance elated In Schedule A; or, (11) the difference between the value of the in- sured estate or inlornst as Insured and the value of the Insured estate or Interest subject to the defect, Ilan or encumbranco Insured againsl by this oltey. (b) In the event the Amount of Pnsurance slated in Schedule A at the Date of Policy Is loss than Sc per- cent of the value of the insured estate or Interest or the lull consideration paid far the land, whichever to leas, or it subsequ0nt to Ina Data 01 Policy an improvement is arecned on the land which Increases the value of the In. sured valeta or Interest by at load 20 percent over the Amount d Insurance stated In Schedule A. then this Policy Is subject to the following: (1) where no subsequanl Improvement has been made, as to any partial lose, the Company shall only pay the loss pro rate In the proportion that the amount of in. surance at Date of Policy boars to the total value of the Insured estate or interest an Dole of Policy; or (II) whore a subsequent Improvement has been medo, es to any panlal loss, the Companyy shat) only pay the Ioaa prorate in the proportion that 12t) porcont of the Amount of Insurance staled In Schedule A bears to the sum of the Amount of Insurance staled In Schedule A and Ihs amount expanded for the Improvement. The provision of this paragraph shall not apply to costs, attorneys' leea and expenses for which Iho Com- pany is gable under fill& policy, and shall only apply to that portion of any lose which exceeds, In the aggregate, to percent of the Amount of Insurance staled in Schedule A (c) The Company will pay only grabs costs, etlar. noys' fees and expenses incurred In accordance with Section a of these Conditions and Stipulations. e. APPORTIONMENT. If the land described In Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all. the logo *hall be computed and Rallied on * pro rata basis as II the amount of Insurance under this polity was divided pro rate as to the value on Date of Policy of each separate parcel to the whole, exclusive of any Improvements made subsequent go Date d policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the Insured at the time of Ina Issuance of this policy and shown by an express statement or by an enooraerri 6toohad to [hie policy, B, LIMITATION OF LIABILITY (a) If the Company 06tebbehes the ode, or removes the alleged 001001. lien or encumbranca, Or cures the lack of a right of access to or from the land, or cures the claim of unmmkotablIlly of title, ell as insured, In a reasonably dilganl manner by any method, Including Iltigation and the completion of any appeals lhomfrom. It shall have fully Performed Ile obligations with respect to that matter and (b) In the svonl of any litl Allan, Including lltlge- Hart by the Company Or with Iha Company's consent, the Company shall have no 110blllly for loss or damage until there has bean a final determination by a coup of com. potent Jurisdiction, and disposition of all appeals Iherelfcm, adverse to Ina title ea Insured. (c) The Company Shell not be liable lot loss or damage to any Insured for liability ,luntarily assumed y the Insured In sellling any ofoim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCEI REDUCTION OR TERMINATION OF LIABILITY. All payments under [his policy, except payments made for costs, anomays' lees and expenses, Shall reduce the amount of the insurance pro tango 11. LIABILITY NONCUMULATIVE. It Is expressly understood that the amount of Insur. ance under this policy Shall be reduced by any amount the Company may pay under any policy Insuring a man- gage to which exception Is taken In Sohodulo B or to which the Insured has agreed, assumed, or taken subject, or, which is hereafter executed by an Insured and which 1S a charge or Ilan on the estate or interest osscribed or refer. red to in Schedule A, and the amount so paid shell be deemed a paymem under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shell be made without producing this policy for andorsamenl of the payment unless the policy has been loll or des(royod. in which case proof of loss or destruction shall be furnished to the eatietaction of the Company. (b) When liability and the extent of loss or damage hag boon definitely fixed in accordance with (hose Con dillons and Stipuleltone. the loge or damage shall be payable within W days Iheroaller 13, SUBROQATION UPON PAYMENT OR SETTLEMENT, (a) The Company's Right of Subrogallon, Whenever the company Shall haw settled and paid a claim under this policy, all right of oubrogatlon shall vest in the Company unallecled by any ad of the Insured claimant. The Company shall be subrogated to and be entitled to all rights and remedlea which the Insured claimant would have had againin any person or property in respect to the claim had this policy not been lesued. It requested by the Company, the insured claimant shell transfer to the Company all rights and remedles against any person or propeny necessary In order to panels this right of sui,foga- lion. The insured claimant shah permit the Company to (continued on back) ID:541 -2800 MR), 08'98 11:18 No.001 P.05 CONDITIONS AND STIPULATIONS (continued from Inside back cover) sue, compromise or settle In the name of The Insured claimant and to use the name of the insured claimant In any transaction or litigation Irwobing these rights or remedies. Il a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subr00ated To these rights and remedies in the propor, don which the Company's payment bears to the whole amount Of the loss. II lose should result Irom any as of the Insured claim. ant, as stated above, that act shaft not void this pollry, but the Company. In that event. shell be required to pay only Ihet pert ol srry losses Insured agalnst by this policy which shall exceed the amount, If any, lost to the Company by reason of the Impairment blithe Insured claimant or the Company's right of subrogation. (b) The Company's RIgNs Against Non- Insured Obligors. The Company's right of submgalinn against nbn- msured obligors shall oxlsl and shall include. without limitation. The rights of the Insured to Indemnities, gueran- fles, other policies of insurance er bonds, nohvilhstanding any terms or condI lons contained in those Instruments which provide for subrogatlon rights by reason of his Policy. 14, ARBITRATION. Unless prohlblled by epphoabie fe, either the Com- pany of the Insured may demand arbitration pursuant to , OGU023 the Tille Insurance Arbitration Rules of the American Arbi. ration Association. Arbitrable matters may include, but ere 1101 limited lo, any conitwemy or claim between the Company and The Insured &rising OUT of or Totaling to this policy, any service of the Company In connection wllh ils issuance or the breach of a policy provislon or other obliga. tion. All arbitrable madam when the Amount of Insurance is St 000,000 or lase shall be arbienred at the option of either the Company or Ins Insured. All arbitrable matters when the Amount of Insurance Is In excess of $1,600,000 shall be arbltralod only when agreed to by both The Com. pony and the Insured, Arbllrauon pursuant to this policy and under the Rules In effect on The dale th0 demand for Orbhralton Is made or, at the option of The Insured, the Rules In enact at Date or Polley shall be binding upon the parties. The award may Include attorneys' lees only II the aws of the stets in which The land Is located permit a court to award attorneys' 1099 to a prevailing pany. Judgment upon the award rendered by the Arbllrelol(s) may be entered In any court having jurisdiction thereof. The law of (he silu6 of the land shall apply to an arbl• tmlion under the Tills Insurance Arbltratlon Rules. A copy of the Rules may be obtained from the Com• Pony upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT, (a) This Polley logelhar with all endorsements, if any, attached hereto by the Company is the entire pollry POLICY OF TITLE INSURANCE and contract between the Insured and The Company, In Interpreting any provision of this policy, thls policy shall bo construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which Orissa out of the statue of The tills to the astala or Interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (o) No amendment of or endorsement lothla policy can be made except by writing endorsed hereon or at. !ached hereto signed by elrherlhs President, a Vice Pres4 dent, the Secretary, an Aesistant Secretary, orvalldeling olftcer or authorized signatory of The Company, 10. SEVERABILITY, In the event any provision of the policy Is hold invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other pro• vlslona shell remain In full force and allect. 17, NOTICES, WHERE SENT. All notices reovlred to be given the Company and any statomont In wrllinp required to be furnished the com- pany shell Include the number of This policy and shall be addressed to the Company at 6800 College Blvd„ Suits 700, Overland Park, Kansas 60211. New York TRW Title Insurance Inc. 8800 College Blvd., Suite 700, Overland Park, Kansas 08211 Area Code 913 491.5585 1- 1 .w ..a whose legal address is : P.O. BOX 1492, BL PASO, TX, 79901 CITY OF EL PASO, COUNTY OF , STATE OF TX WITNE88ETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and Sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the City of ASPEN, County of PITXIN, State of COLORADO, described as follows: LOT R -16, STARWOOD, according to the Plat thereof recorded in Ditch Book 2A at Page 282. COUNTY OF PITXIN, STATE OF COLORADO. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained promisee, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature Soever, except those matters as act forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DIFIND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs 1 O and assigns, against all and every person or persona lawfully claiming the to n whole or any part thereof. The singular number shall include the plural, o the plural the singular., and the Uze of gender shall be applicable to all genders. ELI2 TH W. MUSSER STATE OF M l n/NEW -4 ) COUNTY OF P^kLrA The foregoing instrument was acknowlndged before me this ty day of J(lr✓c 197 , by R7.77ABETH W. MUSSER WITNESS my hand and official seal �l (� my commission expires: Not ry Public UU002 7 WAMA .. �_ .._ L tXhlhll A Taxes for the year 1994 not yet due or payable. W Right of the proprietor of a vein or lode to extract or remove his J ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 196 at Page 171. Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 196 at Page 171. Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 162 at Page 1191. Terms, conditions, provisions, obligations and all matters of the Articles of Incorporation of Starwood Homeowners Association as contained in instruments recorded in Book 200 at Page 297 and amendments thereto recorded in Book 206 at Page 544, Book 212 at Page 293, Book 218 at Page 67, Book 250 at Page 21 and Book 438 at Page 126, Book 664 at Page 936. Those terms, conditions, provisions, obligations, easement, restrictions, assessments and all matters as set forth in Amended Protective Covenants for Starwood recorded in Book 697 at Page 613 Easements, rights of way and all matters as disclosed on Plat of subject property. 000030 m i J U w i v J J a a o• N O �o A 0 N A T m v m 0 m N TRW ID:541 -2800 A <✓ '�. SCHEDULE A- OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT -8894 06/20/94 0 2;34 P.H. $ 775,000.00 1. NAME OF INSURED: WILLIAM A. WISE and MARIE F. WISE 11:20 No.001 P.08 POLICY NUMBER 0112- 222374 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY ISM IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: WILLIAM A. WISE and MARIE F. WISE 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOT R -14, STARWOOD, according to the Plat thereof recorded in Ditch Book 2A at Page 282. COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC_ 601 E. HOPKINS AVE, ASPEN, COLORADO 81611 (303) 925 -1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTEO NUMBER ON THE COVER SHEET. 000031 ID :541 -2800 MRY 08'98 11 21 No.001 P.09 SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT -8894 06/20/94 ® 2:34 P.M. 0112- 222374 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE HY 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, enchroachmenta, 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. S. Water rights, claims or title to water. 6. Taxes for the year 1994 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 196 at Page 171. 0, Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 196 at Page 171. 9. Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 162 at Page 191. lo. Terms, conditions, provisions, obligations and all matters of the Articles of Incorporation of Starwood Homeowners Association as contained in instruments recorded in Book 200 at Page 297 and amendments thereto recorded in Book 206 at Page 544, Book 212 at Page 293, Book 218 at Page 67, Book 250 at Page 21 and Book 438 at Page 126, Book 664 at Page 936, 11. Those terms, conditions,'provisions, obligations, easement, restrictions, assessments and all matters as set forth in Amended Protective Covenants for Starwood recorded in Book 697 at Page 613. 12. Easements, rights of way and all matters as disclosed on Plat of subject property. EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. U00032 CERTIFICATE OF MAILING RE: WISE CARETAKER DWELLING UNIT I hereby certify that on this 13th day of October,1998, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Tenley Taylor Administrative Assistant 33U'033 I I� I PUBLIC NOTICE RE: WISE CARETAKER DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, November 18, 1998 at a regular meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by Mr. and Mrs. William Wise, requesting approval to build a Caretaker Dwelling Unit. The property is located at 269 North Starwood Drive and is described as Lot R -14, Starwood. For further information contact Tamara Pregl at the Aspen/Pitkin Community Development Department (970) 920 -5103. Copies of the proposed Resolution are available for public inspection during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920 -5180. Jeanette Jones, Deputy County Clerk s/Dorothea Farris Chair Board of County Commissioners Published in the Aspen Times on October 17, 1998 Pitkin County Account 002.02 000034 3kWE,T Sh ab - -rAyoR 0221 N• SVAeK1cwD `>e "'e ASPet�, Co 13lull MY. OND Mv5• 1o6wt �)( ,'kJstA �o lti,csAa , 2D bl LP �v. A/rj Mvs• �Ywivt 44el�w Po• 66x to 08 p4sfevi, Co 13ILeI'z b. c-d MV5. Pe +" B,-Ii. -F"40 v, 1 D2 45 C,e,r 6ml W toms by i le b 000035 TO COTTLE GRAYBEAL YAW ARCHITECTS LTV 510 East Hyman SuitbFel ASPEN, COLORADO 81611 V WE ARE SENDING YOU Attached ❑ Under separate cover via_ > ❑ Shop drawings ❑ Prints ❑ Plans ifCopy of letter ❑ Change order ❑ LE17 ' OD IF 1MRAMMOUcTM d the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below ❑ For approval oa �q oe NQ •TTEN ON ❑ Approved as noted ❑ RE ❑ Returned for corrections ❑ For review and comment ❑ i F Icul, ❑ FOR BIDS DUE 19 the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below ❑ For approval ❑ Approved as submitted For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 • Resubmit copies for approval • Submitcopies for distribution • Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO am%Plecmauffe cemant.io^6P8cOnSURWcenrem SIGNED: PWWGIIA 0In Gm aev nun if enclosures are not as noted, kindly notify us at once. Om Juliet Shield - Taylor 0221 N Starwood Drive Aspen, CO 81611 Mr. and Mrs. Robert Schaetzel 2 Bay Tree Lane Bathesda, MD 20816 Dr. and Mrs. Irwin Stelzer P.O. Box 1008 Aspen, CO 81612 Dr. and Mrs. Peter Bella Fodor 10245 Century Woods Drive Century City, CA 90067 000037 cm I I . — 1/ d:: 1� /, 0 1 fr, 000038 VP4T, I iT T/__ /' . 1 000�3i 000040 OCT 19 198 01:03PM P.2 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.32.060 (E) L v I being or representing an Applicant to the tity of Aspen, personally dertifY that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject 1 property, as indicated on the attached lisp on thetday of � 196iNwhich is3 C ` days prior to the public hearing date Pcv;- 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearesblic way) and that the said sign was posted and visible continuously from me - day of kS , 199E) (Must be posted for at least tea (10) fiill days before the hearing date). A photograph of the posted sign is attached hereto. 000041. Signature CL Signed before me this ,199-�ty WITNESS MX HAND My commission expire 'A(0ln- ao- o1 -o(o CONY DEVELOPMENT DEPARTNFC NT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 Pitkin County Other Fees: 155 Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 171 Public Notice Other Fees: 155 Referral Fees: RB115 Access Permit 197 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Other Fees: 155 Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Housing Cash in Lieu 166 GIS Maps RBI 16 Road Impact Fees T ITAL _ NAME: ADDRESS /PROJECT: L(i A i-i 11 I PHONE: CHECK# CASE PERMIT #: # OF COPIES: I DATE: : INITIAL: I I I I f A tr t. �1711'11 "I"e", 011 too, Im"rlIn CC �7rl t-1,11 (J) 2 S-V P,- (73 f) O-Q; &I V y., .... I ..... ... . . ojpq I .... . . ....... N." A n/ ... .... ... .. . Air 61 n PI) 4N I IN 7\ ......... . . . . . . . ....... R11 All" I . I I ... ... . ... . . Al 1�1� A3 IN, rTj i )tP w' 4 "N . ..... I rn IN CIS xq z Q- rq 11 W!w„ Jjjj NIh Oeleo, INN 0 WN, A 777777, On ry "A (Z > ,X h^ M GO 1 (A) (:3 (7.) 2 S-V P,- (73 f) O-Q; &I V y., .... I ..... ... . . ojpq I .... . . ....... N." A n/ ... .... ... .. . Air 61 n PI) 4N I IN 7\ ......... . . . . . . . ....... R11 All" I . I I ... ... . ... . . Al 1�1� A3 IN, rTj i )tP w' 4 "N . ..... I rn IN CIS xq z Q- rq 11 W!w„ Jjjj NIh Oeleo, INN 0 WN, A 777777, On ry "A I V.h,{ (Z > ,X h^ M GO 1 r111 c) (:3 (7.) Ell wb owl I- cm OR cc SAW,, Iwo I'j m 5"1 to cm 5D I F1, I yy 7. I V.h,{ ! d inn tx . ...... . I. ... M r T:j ,, I 4 k. (Z > ,X h^ M GO 1 r111 c) (:3 (7.) ! d inn tx . ...... . I. ... M r T:j ,, I 4 k. -TVIVIIAI CA I owl I- cm OR cc SAW,, Iwo I'j m 5"1 to cm 5D I F1, I yy