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AGENDA
Aspen Board of Adjustment
REGULAR MEETING
August 09, 2018
4:30 PM Sister Cities Meeting Room
130 S Galena Street, Aspen
I. SITE VISIT
II. ROLL CALL
III. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
IV. MINUTES
A. Minutes - March 08, 2018
V. DECLARATION OF CONFLICT OF INTEREST
VI. PUBLIC HEARINGS
A. 1015 Waters Ave, Variance request
VII. OTHER BUSINESS
VIII. BOARD REPORTS
IX. ADJOURN
Next Resolution Number: <Resolution_Number>
Typical Proceeding Format for All Public Hearings
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affi d avit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clari fications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal /clarification of evidence presented by applicant and public comment
1 1 ) Applicant rebuttal/clarification
End of fact finding.
Deliberation by the commission commences.
No further interaction between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met o r not met.
Revised April 2, 2014
Regular Meeting Board of Adjustment March 8, 2018
1
Staff Comments ............................................................................................................................................ 2
Commission Comments ................................................................................................................................ 2
Minutes ......................................................................................................................................................... 2
Public Comment not on the Agenda ............................................................................................................. 2
Declaration of Conflicts of Interest ............................................................................................................... 2
Resolution #2, Series of 2018 - Dimensional Variance Request for 910 Gibson Avenue ........................... 2
701 S Monarch St.......................................................................................................................................... 4
Regular Meeting Board of Adjustment March 8, 2018
2
At 4:30 p.m.; Mr. Sandler called the regular meeting to order with Board Members Farrey, Feddersen and
Frank present. Also present from staff Jennifer Phelan, Ben Anderson, Jim True and Linda Manning.
Staff Comments
None.
Commission Comments
None.
Minutes
Mr. Sandler moved to approve the minutes from February 1, 2018; seconded by Mr. Farrey. All in favor,
motion carried.
Public Comment not on the Agenda
None.
Declaration of Conflicts of Interest
None.
Resolution #2, Series of 2018 - Dimensional Variance Request for 910 Gibson Avenue
Ben Anderson, community development, told the Board this is a front yard setback request. It is a
prominent property in town at Gibson and Neale Avenue. The variance request is related to the front yard
setback. The parcel was created off the smuggler mobile home park. It is not part of the park today and
not subject to the HOA. It is located in the R15 zone district. The minimum front yard setback is 25 feet
with 10 feet for the side and rear. There is a roadway easement that was created in the early 1980s with
the parcel that takes 4,000 square feet off the net lot area. There is an existing single family home with a
detached garage with a dwelling unit. The plat shows the easement. It is an easement for potential
improvements to Gibson Avenue. The easement language added to the code in 2010 requires the front
yard setback to be measured from the innermost extent of the easement. The existing structure would be
non-conforming. Add onto that the side and rear setbacks and future redevelopment is very constrained.
Staff agrees with that.
Standards for granting variances include they must be generally consistent with the purposes, goals and
standards of the AACP and land use code, reasonable use of the parcel or structure would be denied
without the variance, it would deprive the applicant of rights commonly enjoyed with other property
owners and are there special conditions to the property that are unique to this parcel or granting the
variance would not convey any special privileges.
The applicant has requested a full variance from the front yard setback which would essentially use the
easement boundary to serve as the front yard setback. Staff can’t make the findings for eliminating the
front yard setback entirely. We are proposing a 10 foot front yard setback as an alternative.
Staffs rational is this would provide additional development and design while still respecting the
easement. There is precedent in the immediate neighborhood with a 10 foot setback. The reduced
setback potentially improves future development’s relationship to the street as described in the
Residential Design Standards. Staff also recommends a one year extension of the expiration date of the
approved vesting. The applicant would then have two years from approval to pursue any redevelopment
Regular Meeting Board of Adjustment March 8, 2018
3
of the property that would utilize the variance. To meet the expiration date a building permit would need
to be issued. We are in the process of changing the code to date of submittal.
Mr. Farrey said the 10 foot would take it to where the property line is today. Mr. Anderson replied the
property line extends to the red. Then there is the easement. The 10 feet would extend off the easement.
Applicant
Sara Oats, attorney for applicant Stephen Zoll. The property is located in R15 and subject to the 25 foot
setback requirement. In 2010 the measurement was changed to now being measured from the edge of the
easement. The majority of the front structure and porch is located within the 5 foot setback. It is part of
the smuggler mobile home park. It is difficult to meet the Residential Design Standards. The purpose of
the code change was to avoid having homes overwhelm the front of the street. The Standards discourage
isolation of homes from the surrounding neighborhoods. If the variance is not granted the home could be
pushed back 60 feet. We find the variance is consistent with the code, provides a reasonable use and
would result in an unnecessary hardship unique to the parcel if not granted. The request is consistent with
the code. It will allow compliance with the design standards. We requested the engineering department
grant a variance from the driveway requirements to keep it in the same place. Upon redevelopment,
engineering has denied the request to keep the access and the alternative is to move the driveway to the
east side of the property. We now have to create a parking area and an entrance to the garage on the east.
The 0 setback will allow the parking to not encroach and permit a turn around area. The road easement
doesn’t apply to other parcels in the neighborhood. The request for the variance meets the criteria, is
consistent with code, and is the minimum variance to make reasonable use. The unnecessary hardship is
unique to the parcel.
Ms. Feddersen asked if they would have to move the driveway with the 10 foot easement. Kevin Heath,
architect, said the engineering department is requiring the movement of the driveway. They will not
permit it to be in the same location.
Mr. Sandler opened the public comment.
1. Ellen Craven, stated she lives directly behind this property. The 25 foot easement that is
available, there are no sidewalks on that side of Gibson forcing us to walk in the street. With the potential
development in the area there will be a lot in that area and an increase to traffic. The easement will allow
for a sidewalk on that side of the street if not both. She would be in favor of the compromised 10 feet.
2. Erin Beyer, neighbor, said there is no way to put a side walk in front of our house. The driveway
has to move with this project. If they change the road she would still like to access her parking space at
the end of the road. The owner has some issues that can be handled and the 10 foot is a good
compromise. She supports that.
3. Mike Maple, said his parents own the lot across the street. Generally, he does not really believe
in variances. He is troubled to hear the source of the problem is the 2010 code. What was the code
before then. Is this a variance from that code or the one that was in place in 1980 when the easement was
created. This is the narrowest section of roadway in all of Aspen. It gets a lot of traffic and will get a lot
more. This easement needs to be used to widen the road and a sidewalk on both sides of the street. He is
concerned that engineering has not commented on the easement and future use of it. He does not get why
engineering wants the driveway relocated. He has lots of concerns with the granting of the easement. 10
feet sounds reasonable but without understanding what engineering intends to do we can’t know.
Mr. Farrey asked if sidewalks are a consideration. Ms. Phelan said often we require sidewalks. She is not
sure what engineering will require but typically they are a requirement. Ms. Oats said she is not sure if it
will be required but thinks it might be. There are no plans to widen the road there. We know we will
have to put in curb and gutter. Sidewalks are to be considered.
Mr. Farrey said the bigger question is if you do a curb to the street is there room with the proposed street
to do a sidewalk as well as the curb improvement. Ms. Oats said we are asking for a 25 foot setback
variance to make it consistent with what has been in place since 1983. Staff is supporting a 10 foot
Regular Meeting Board of Adjustment March 8, 2018
4
setback. We are asking for a 0 setback. In regards to sidewalk, curb and gutter, the gutter is 2 feet with a
5 foot buffer and an additional 6 feet. There is plenty of room to do that with the zero.
Ms. Phelan said the code changes are one size fits all. The change was an evolution of the code. There
are a number of properties with private roads that run through them. You could end up with a solution
with it right up to the roadway.
Mr. Sandler said generally the code is 10 feet for sidewalks, is this so there can be sidewalks. Ms. Phelan
said the right of way is a certain width. There is the actual travel lanes, curb and gutter, parkway and a 5
foot sidewalk. The right of way usually can accommodate those improvements.
Mr. Heath said the engineering guidelines state the driveway must be 50 feet minimum from the
intersection. The existing one is not 50 feet away. We looked at several options but they were not
feasible. That is why they wanted the driveway moved.
Mr. Sandler said staff is recommending a 10 foot variance and you are requesting 0. Ms. Oats replied
yes.
Mr. Farrey asked does the 10 foot accommodate the necessary improvements. Ms. Phelan replied it
would encroach into the easement.
4. Wendy Perkins asked is the 25 foot city easement from the middle of the road. Mr. Heath said it
is just an easement. Mr. Anderson replied it gets wider as it moves towards Neale. At the narrowest it is
22 as it gets closer to Neale it is 28.
Mr. Sandler asked how did staff come to the conclusion of 10. Mr. Anderson replied it is a compromise.
We agreed there are constraints to the property. There are other R6 properties in the area that have a 10
foot requirement. It wouldn’t change the nature on this property with the 10. It is a reasonable response
Mr. Sandler closed the public comment.
Mr. Farrey said he does think the 10 feet is a nice compromise that gives the landowner enough room. 0
is a bit of a stretch. He likes the idea the 10 accomplished the potential of widening and sidewalk
potential. Ms. Phelan said if the entire easement is utilized with improvements you probably don’t want a
house sitting at the edge of the improvements.
Ms. Feddersen asked is there a circumstance when you can go to engineering and ask for less than 50 feet.
Ms. Phelan replied they are the say all for the curb cut. There is probably an appeal process. They are
looking at safety.
Mr. Farrey said he thinks staff’s recommendation is mindful and thoughtful.
Mr. Frank agree.
Ms. Feddersen said the neighbors are all fine with the 10 foot.
Mr. Farrey moved to adopt Resolution #2, Series of 2018 with the 10 foot setback and one year extension;
seconded by Ms. Feddersen. Roll call vote. Board Members Feddersen, yes; Frank, yes; Farrey, yes;
Sandler, yes. Motion carried.
701 S Monarch St – Caribou Condos
Mr. True stated legal notice is not required for this.
Ms. Phelan stated on February 1st the board approved setback variance for the Caribou Condos. Per the
land use code the variances expire after 1 year unless a building permit is issued. This is a request for a 1
year extension. They must demonstrate good cause. Based on the construction sets needed and the
timeline it is taking to receive a permit they would like the extra time. Staff is recommending approval
for the 1 year extension.
Chris Bendon, representing the applicant, said they support staff’s recommendation. There is no practical
way to apply for and obtain a building permit in 12 months. We are actively pursuing it.
Regular Meeting Board of Adjustment March 8, 2018
5
Mr. Sandler opened the public comment. There was none. Mr. Sandler closed the public comment.
Mr. Farrey moved to approve the 1 year request to extend the variance; seconded by Mr. Sandler. Roll
call vote. Board Members Farrey, yes; Frank, yes; Feddersen, yes; Sandler, yes. Motion carried.
At 5:37 p.m. Mr. Sandler moved to adjourn the meeting; seconded by Ms. Feddersen. All in favor,
motion carried.
Linda Manning
City Clerk
Page 1 of 4
MEMORANDUM
TO: Board of Adjustment
FROM: Kevin Rayes, Planner
THRU: Jennifer Phelan, Deputy Planning Director
RE: 1015 Waters Avenue, Front Yard Setback Variance Review
Resolution No. __, Series of 2018
MEETING DATE: August 9, 2018
APPLICANT:
Evelyn F. Hemming Trust, 311 Midland
Avenue, Aspen CO 81611
REPRESENTATIVE:
Gretchen Greenwood,
Gretchen Greenwood Architects, Inc.
LOCATION:
1015 Waters Avenue
CURRENT ZONING:
Moderate Density Residential
(R-15)
SUMMARY:
The applicant requests a 9-ft. variance from
the minimum front yard setback (25’ to 16’)
to redevelop this site with a single-family
residence. The request is based upon the
location of a ditch easement in the
southwest corner of the property,
increasing setback requirements within the
area.
STAFF RECOMMENDATION:
Staff does not support the front yard setback variance
request and therefore recommends denial of the
project.
Figure 1: Vicinity Map
Figure 2: 1015 Waters Ave, looking southeast
Page 2 of 4
REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approvals from
the Board of Adjustment:
• Variance (Chapter 26.314) to grant a dimensional variance to redevelop this site from the
dimensional front yard setback requirement of the R-15 zone district (The Board of Adjustment
is the final review authority).
BACKGROUND:
1015 Waters Avenue contains a single-family dwelling located in the R-15 zone district and is non-
conforming with regard to lot size. The lot is approximately 60-ft. wide by 100-ft. deep. A ditch is
located along the southwest corner of the property. The R-15 zone district has a minimum front yard
setback of 25-ft. and 10-ft. minimum setbacks for the rear and side yards. Additionally, the ditch has a
prescriptive easement associated with it, which prohibits the placement of a structure within 10-ft. of
the centerline of the ditch.
The applicant proposes to demolish the existing single-family dwelling and replace it with a new single-
family dwelling. The applicant requests a 9-ft. variance from the minimum front yard setback (from 25’
to 16’) to accommodate the new structure. The request is due to the ditch easement in the southwest
corner of the property, increasing setback requirements within the area. The proposed dwelling was
designed to meet the required 25-ft. front yard setback and 10-ft. rear and side yard setbacks but does
not accommodate the prescriptive 10-ft. ditch easement. The applicant believes the presence of the
ditch easement on the non-conforming lot creates a development hardship. The applicant is stating
that the 9-ft. front yard setback variance request is the minimum necessary for the proposed structure
to meet the prescriptive easement requirement outlined by the engineering department (see Figure
4).
Figure 3: 1015 Waters Avenue Site
Location Map
Page 3 of 4
10-ft.
Ditch
Easement
Setback
Perimeter of
micropile. No
structural
infrastructure
including
micropiles can be
within 10-ft. of
ditch
16-ft. setback
request
25-ft.
required
setback
Figure 4: 1015 Waters Ave Proposed Site Plan
Approximately 6-
ft. between
centerline of
ditch and
mirocopile
Page 4 of 4
REVIEWS:
SETBACK VARIANCE: The criteria for receiving a variance (Exhibit A) are strict. A property owner must
demonstrate that reasonable use of the property has been withheld by the City and can only be achieved
by the City providing a variance. In situations where all, or practically all, reasonable use of a property
is made impossible by development regulations, the City has the ability to grant a variance to avoid a
“regulatory taking”. The property owner must demonstrate that his rights, as compared with owners
of similar properties, have been deprived. In considering this criterion, the Board of Adjustment must
consider unique conditions inherent to the property but which are not the result of the applicant’s
actions.
Staff Comment
The R-15 zone district has a minimum front yard setback of 25-ft. Although 1015 Waters Ave is a non-
conforming parcel located in this zone district, staff believes that the required setback does not create
a development hardship that is unique to this parcel. The10-ft. ditch easement requirement does impact
a corner of the lot, but not the entire rear of the yard and could be accommodated with a modified
design. Additionally, the Parks Department has stated that allowing a reduced front yard setback for the
property would impact the trees in the front yard. The Parks Department wishes to retain these trees.
Mitigation would be required for any removals, which could be offset with plantings of trees elsewhere
on the property or by a fee-in-lieu. There may be opportunity to excavate within the dripline of the trees
and to keep them in the landscaping setting. The required distances from the trunks of trees will be
determined by the City Forester.
RECOMMENDATION:
Staff recommends that the Board of Adjustment deny the granting of a setback variance for the
redevelopment of a single-family dwelling. The criteria require that reasonable use of the parcel be
achieved by granting of a variance or that a unique, site-specific condition warrants a variance.
Although the proposed dwelling was designed to meet the floor area maximum and the setback
requirements of the R-15 zone district, it encroaches on the 10-ft. ditch easement. Properties often
need to accommodate physical features such as tree location or steep slopes. An alternative design
could accommodate this ditch easement or lessen the variance request.
PROPOSED MOTION:
Staff recommends denial of the request. Two motions are proposed. The first approves the resolution
while the second denies the resolution.
Motion 1.
“I move to approve Resolution ___, Series 2018, granting approval for a Front Yard Setback Variance
as depicted in Exhibit A to the Resolution.
If the Board decides that the criteria are not met for a Variance, the following motion may be used:
Motion 2.
“I move to deny Resolution ___, Series 2018, granting approval for a Front Yard Setback Variance as
depicted in Exhibit A to the Resolution.
Attachments:
Exhibit A – Variance Review Criteria, Staff Findings
Exhibit B – Application
Exhibit C – Affidavit of Public Notice
Exhibit D – Public Comments
Draft Denial of Variance
Board of Adjustment
Resolution No. X, Series 2018
Page 1 of 2
RESOLUTION NO. X
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT DENYING
FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED
AS LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY AND
TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252, COUNTY OF PITKIN, STATE
OF COLORADO, COMMONLY KNOWN AS 1015 WATERS AVENUE.
Parcel ID No: 2737-182-82-002
WHEREAS, the Community Development Department received an application for 1015
Waters Ave (the Application) from Evelyn F. Hemming Trust (Applicant), represented by
Gretchen Greenwood, Gretchen Greenwood Architects for the following land use review
approvals:
· Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is zoned Moderate Density Residential (R-15) and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day the application was deemed complete – June 11, 2018, as applicable to this
Project; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on August 9, 2018; and,
WHEREAS, during a duly noticed public hearing on August 9, 2018, the Board of
Adjustment denied Resolution X, Series of 2018, by a X to X (X-X) voting to deny a
Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Board of Adjustment hereby denies a front yard variance request to reduce the
minimum front yard setback from 25-ft. to 16-ft.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Board of Adjustment
Commission, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Draft Denial of Variance
Board of Adjustment
Resolution No. X, Series 2018
Page 2 of 2
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, denied this 9th day of August, 2018.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Linda Manning, City Clerk
Draft Approval of Variance
Board of Adjustment
Resolution No. X, Series 2018
Page 1 of 2
RESOLUTION NO. X
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT GRANTING
APPROVAL FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY
DESCRIBED AS LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY
AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252, COUNTY OF PITKIN, STATE
OF COLORADO, COMMONLY KNOWN AS 1015 WATERS AVENUE.
Parcel ID No: 2737-182-82-002
WHEREAS, the Community Development Department received an application for 1015
Waters Ave (the Application) from Evelyn F. Hemming Trust (Applicant), represented by
Gretchen Greenwood, Gretchen Greenwood Architects for the following land use review
approvals:
· Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the subject property is zoned Moderate Density Residential (R-15) and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day the application was deemed complete – June 11, 2018, as applicable to this
Project; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on August 9, 2018; and,
WHEREAS, during a duly noticed public hearing on August 9, 2018, the Board of
Adjustment approved Resolution X, Series of 2018, by a X to X (X-X) vote granting approval of
a Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: General Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Board of Adjustment hereby approves a Setback Variance for the property located at
1015 Waters Ave and described as follows:
a. Front yard setback is reduced from 25 feet to 16 feet.
b. All other setbacks and dimensional standards required in the R-15 zone district
remain in effect.
c. Per section 26.314.070.A, Expiration, this variance shall automatically expire after 12
months from the date of this approval unless a building permit has been submitted.
Draft Approval of Variance
Board of Adjustment
Resolution No. X, Series 2018
Page 2 of 2
Section 2: Engineering Department
The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all applicable standards published by the Engineering Department including
the following:
a. The proposed single-family dwelling will not encroach upon the 10-foot ditch
easement along the southwest corner of the property.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department and the Board of Adjustment
Commission, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by other specific conditions or an
authorized authority.
Section 4:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, adopted, passed and approved this 9th day of August, 2018.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Linda Manning, City Clerk
Exhibit A –Variance Review Staff Findings
Chapter 26.314, Variance
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Staff Findings: The purpose of the City’s land use code is very general. It does,
however, speak to the legitimate rights and reasonable expectations of property owners.
Staff believes a reasonable expectation is that zoning limitations are observed and
enforced as uniformly as practical. Staff finds the criteria not met.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure; and
Staff Findings: The 10-ft. ditch easement requirement does impact a corner of the lot
but not the entire rear of the yard and could be accommodated with a modified design.
Staff finds the criteria not met.
3. Literal interpretation and enforcement of the terms and provisions of this Title
would deprive the applicant of rights commonly enjoyed by other parcels in the
same zone district and would cause the applicant unnecessary hardship, as
distinguished from mere inconvenience. In determining whether an applicant's
rights would be deprived, the Board shall consider whether either of the following
conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of
the applicant; or
Staff Findings: Although the proposed dwelling complies with the floor area
maximum and was designed to meet the setback requirements of the R-15 zone
district, it encroaches on the 10-ft. ditch easement. Properties often need to
accommodate physical features such as tree location or steep slopes. An alternative
design could accommodate this ditch easement or lessen the variance request.
Staff finds the criteria not met.
b. Granting the variance will not confer upon the applicant any special privilege
denied the terms of this Title and the Municipal Code to other parcels, buildings
or structures, in the same zone district.
Staff Findings: Receipt of a setback variance would grant special privilege of the
proposed dwelling to avoid the setback requirements of the R-15 zone district. Staff
finds the criteria not met.
GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com
June 7, 2018
Mr. Garrett Larimer
City of Aspen Planner
Aspen, CO. 81611
RE: Front Yard Variance Request for 1015 Waters Ave.
Parcel ID # 273718282002
Dear Garrett:
I have attached the Land Use Application for the Variance Request for a Front
yard Setback Variance for 1015 Waters Avenue.
Attached here are the following documents:
1.Land Use Application
2.HOA Compliance Form Signed
3.Pre App
4.Applicants Name/Title Certificate
5.Authorization Letter
6.Current Improvement Survey (8-1/2 x 11)
7.Historical Topographic Survey
8.City of Aspen Vicinity Map
9.Written Description of Variance Request
10.Proposed Site Plan ( 8-1/2 x 11)
11.Parcel Street Map of Waters Ave.
12.R-15 Sone District Standards
Please let me know if you require any other information. I am out of Town Sunday
through Friday, but I can have anything brought to you for this application
Sincerely yours,
Gretchen Greenwood, Architect
Exhibit B- Application
Page: S1.1 FOUNDATION PLAN
File Name: S-Structural Engineering.1015Waters.2018.4.pdf Foundation can not be within
10ft of the center line of the
ditch.
S-Structural Engineering.1015Waters.2018.4.pdf (1)
Foundation can not
be within 10ft of the
center line of the
ditch.
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com
June 7, 2018
Mr. Garrett Larimer
City of Aspen Planner
Aspen, CO. 81611
RE: Front Yard Variance Request for 1015 Waters Ave.
Parcel ID # 273718282002
Dear Garrett:
I have attached the Land Use Application for the Variance Request for a Front
yard Setback Variance for 1015 Waters Avenue.
Attached here are the following documents:
1. Land Use Application
2. HOA Compliance Form Signed
3. Pre App
4. Applicants Name/Title Certificate
5. Authorization Letter
6. Current Improvement Survey (8-1/2 x 11)
7. Historical Topographic Survey
8. City of Aspen Vicinity Map
9. Written Description of Variance Request
10. Proposed Site Plan ( 8-1/2 x 11)
11. Parcel Street Map of Waters Ave.
12. R-15 Sone District Standards
Please let me know if you require any other information. I am out of Town Sunday
through Friday, but I can have anything brought to you for this application
Sincerely yours,
Gretchen Greenwood, Architect
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1.Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2.Land Use Application Form
3.Dimensional Requirements Form (if required)
4.HOA Compliance Form
5.Development Review Procedure
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the
development proposed, submitting one copy of the development application to the Case Planner to determine
accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff
member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land
Use Code.
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
Exhibit B- Application
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
1015 WATERS AVENUE ASPEN, CO. 81611
2737-182-82-002
EVELYN F. HEMMING TRUST
311 MIDLAND AVENUE ASPEN, CO. 81611
970-948-0846 hemming@rof.net
GRETCHEN GREENWOOD
210 SOUTH GALENA ST. # 30 ASPEN, CO. 81611
970-948-2081 ggreenwood@ggaaspen.com
THE 60 X 100 FOOT LOT IN THE R-15 ZONE HAS AN EXISTING SINGLE FAMILY RESIDENCE, THAT IS NOT HISTORIC. THE PROPOSED
PLAN IS TO DEMOLISH THE EXISTING HOUSE AND REPLACE WITH A NEW SINGLE FAMILY HOUSE. THE LOT IS A NON
CONFORMING LOT IN THE R-15 DISTIRCT . THE ACCESS TO THE LOT IS OFF OF WATERS AVENUE. THE SITE IS FLAT AT WATERS
AND SLOPES UP TO THE SOUTH BY 25 FEET. AT THE SOUTH WES PROPERTY LINE, THE WHEELER DITCH CROSSES OVER THE
CORNER OF THE PROPERTY.
BOARD OF ADJUSTMENT
N/A
X
X
X
X
MUNICIPAL CODE: VARIANCE
2,275.00
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Project and Location ____________________________________________________________________
Applicant: ____________________________________________________________________________
Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________
Please fill out all relevant dimensions
Single Family and Duplex Residential
Existing Allowed Proposed
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance between buildings
Proposed % of demolition ______
Commercial
Proposed Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition ______
Existing non-conformities or encroachments:
Variations requested:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Multi-family Residential
Existing Allowed Proposed
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
7) Side Setbacks
Proposed % of demolition ______
Lodge
Additional Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8)Pedestrian Amenity (square feet)
Proposed % of demolition ______
Complete only if required by the PreApplication checklist
1,591 2,971 2,971
20 FT. 25 FT. 25 FT.
15 FT. 25 FT. 16 FT.
10 FT. 10 FT. 10 FT.
10.FT. 10 FT. 10 FT.
20 FT. 20 FT. 20 FT.
N/A
100
40%
THE SITE IS A NON CONFORMING LOT IN THE R-15 ZONE DISTRICT AT 1015 WATERS AVENUE. THE WIDTH OF THE LOT IS 60
FEET AND THE MINIMUM STANDARD FOR THE R-15 ZONE IS 75 FEET.
A FRONT YARD SETBACK OF 9 FEET IS REQUESTED, AS 15.5% OF THE LOT IS SUBJECT TO STEEP SLOPES LOCATED PRIMAIRLY IN THE SOUTHWEST
PORTION OF THE LOT. AT THIS SLOPED AREA, THE WHEELER DITCH PASSES THROUGH THE LOT. THE ENGINEERING DEPT IS REQUESTING A 10 FOOT
SETBACK FROM THE CENTERLINE OF THE DITCH TO BE VACANT OF ANY STRUCTURE. WITH THE COMBINATION OF THE STEEP SLOPES AND FTHE 25
FOOT FRONT YARD SETBACK THAT PUSH THE NEW RESIDENCE TO THE REAR OF THE LOT, AND THE ENGINEERING SETBACK THAT LIMITS THE
DEVELOPMENT ON THE REAR OF THE PROPERTY WHICH CAUSES VERY LIMITED DEVELOPMENT OPPORTUNITIES.
1015 WATERS AVENUE ASEPN, CO. 81611
GRETCHEN GREENWOOD FOR GREGG HEMMING FOR EVELYN F. HEMMING TRUST
R-15 6,000 SQ.FT.5,040 SQ.FT.
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW PROCEDURE
1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2.Submit Development Application. Based on your pre-application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3.Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4.Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5.Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board’s questions and decision.
(Continued on next page)
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
Exhibit B- Application
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
1
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Garrett Larimer DATE: 6.5.18
PROJECT: 1015 Waters Avenue
REPRESENTATIVE: Gretchen Greenwood, Gretchen Greenwood Architects
REQUEST: Setback variances
DESCRIPTION: The applicant submitted a building permit and during review, the Engineering
Department noted that the proposed development encroaches on a prescriptive ditch
easement 10’ setback in the southwest corner of the property, which is not allowed. The
applicant is to work with the Engineering Department to formalize the ditch easement, but
that process is separate from the setback variance request. The property is zoned R-15.
Approximately 15.5% of this lot is subject to steep slopes located primarily in the southwest
portion of the property, a ditch passes through the same portion of the property. The
Engineering Department requires all development be outside a 10’ foot setback from the
center line of the ditch. This code requirement necessitates either a redesign of the proposed
development, or a setback variance to reduce the front yard setback. A reduced setback
would allow for the structure to move toward the front property line, and out of the ditch
setback. The applicant preference is to pursue a setback variance.
The lot is non-conforming in terms of minimum lot width. The standard for the R-15 zone district
is a minimum of 75’, the existing lot width is 60’. The applicant believes there is a hardship on
the property because of the narrow lot size, the 25’ front yard setback, and steep slopes that
limit development opportunities.
A request for relief from front, side and/or rear setback requirements may be submitted
pursuant to Municipal Code Chapter 26.314, Variances, and will be reviewed by the Board
of Adjustment. The Applicant shall address the applicable review criteria, listed below.
Below are links to the Land Use Application form and Municipal Code for your convenience:
Land Use Application:
Land Use Application
Municipal Code:
Land Use Code
Relevant Code Sections
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
2
26.304 Common Development Review Procedures
26.314 Variances
26.575.020 Calculations and Measurements
26.710.050 R-15 zone district
Review by: Staff for complete application and recommendation
Engineering for referral comment
Board of Adjustment for determination
Public Hearing: Yes
Planning Fees: Variance ($1,950 for 6 hours)
Referral Fees: Engineering (per hour) - $325
Total Deposit: $2,275. Additional/lesser hours will be billed/refunded at a rate of
$325 per hour.
To apply, submit one complete copy of the following information:
Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed
to occur, consisting of a current (no older than 6 months) certificate from a title
insurance company, an ownership and encumbrance report, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and
all mortgages, judgments, liens, easements, contracts and agreements affecting the
parcel, and demonstrating the owner’s right to apply for the Development
Application.
Applicant’s name, address and telephone number in a letter signed by the applicant
that states the name, address and telephone number of the representative authorized
to act on behalf of the applicant.
A site improvement survey (no older than a year from submittal) including topography
and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado.
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
3
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
HOA Compliance form (Attached)
A written description of the proposal and an explanation in written, graphic, or model
form of how the proposed development complies with the review standards relevant
to the development application and relevant land use approvals associated with the
property. While complete architectural drawings for the proposed redevelopment
are not required, the applicant must adequately demonstrate the need for variances
and the location of the variances.
Written responses to all review criteria in Section 26.314.040.
Once the application is deemed complete by staff, the following items will then need to be
submitted:
2 Copies of the complete application packet and, if applicable, associated
drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com
APPLICANT’S NAME
HEMMING, EVELYN F. TRUST
311 MIDLAND AVENUE
ASPEN, CO. 81611
LEGAL DESCRIPTION:
LOTS D & E EAST ASPEN ADDITION
PROPERTY ADDRESS:
1015 WATERS AVENUE ASPEN, CO. 81611
TITLE CERTIFICATE IS ATTACHED
Exhibit B- Application
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62009289 Date: 04/13/2018
Property Address:1015 WATERS AVE, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closer's Assistant For Title Assistance
Kimberly Parham
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(303) 393-4870 (Work Fax)
kparham@ltgc.com
Contact License: CO414945
Company License: CO44565
Stefani Heaphey
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(800) 318-8202 (Work Fax)
sheaphey@ltgc.com
Contact License: CO526720
Company License: CO44565
Roaring Fork Valley Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
HEMMING EVELYN F TRUST
Delivered via: Delivered by Realtor
GRETCHEN GREENWOOD ARCHITECTS, INC.
Attention: GRETCHEN GREENWOOD
210 SOUTH GALENA STREET, SUITE 30
ASPEN, CO 81611
ggreenwood@ggaaspen.com
Delivered via: Electronic Mail
Exhibit B- Application
Copyright 2006-2018 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
1015 WATERS AVE, ASPEN, CO 81611
1.Effective Date:
03/23/2018 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
EVELYN F. HEMMING TRUST
5.The Land referred to in this Commitment is described as follows:
LOTS D AND E,
BLOCK 41,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
COUNTY OF PITKIN,
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62009289
Exhibit B- Application
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE
CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.THE FULLY EXECUTED TRUST AGREEMENT OF EVELYN F. HEMMING TRUST, A TRUST, MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN
CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR
TRUST AFFIDAVIT OF PUBLIC RECORD.
3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
EVELYN F. HEMMING TRUST RECORDED NOVEMBER 30, 2006 AT RECEPTION NO. 531651 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES EVELYN F. HEMMING AS THE TRUSTEE AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
4.WARRANTY DEED FROM EVELYN F. HEMMING TRUST TO TO BE DETERMINED CONVEYING SUBJECT
PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62009289
All of the following Requirements must be met:
Exhibit B- Application
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 21, 1955 IN BOOK 180 AT
PAGE 454.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69.
10.EASEMENTS, RESERVATIONS AND ALL MATTERS AS SET FORTH ON THE PLAT MAP OF EAST ASPEN
ADDITION RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR SEWER
AND WATER LINE AS SET FORTH IN DEED OF EASEMENT RECORDED JULY 12, 1974 IN BOOK 289 AT
PAGE 142.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62009289
Exhibit B- Application
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk
and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half
of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the
requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing
information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
Exhibit B- Application
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory
Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Exhibit B- Application
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as
agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Exhibit B- Application
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective
as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the
Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the
Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other
matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be
liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property
beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this
Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s
delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance
to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and
did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment
included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been
met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Exhibit B- Application
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s
agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy
neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either
the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in
Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-
signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of
this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied,
relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and
provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC.
210 South Galena Street Suite 30
Aspen CO. 81611
O: 970-925-4502
E-mail:ggreenwood@ggaaspen.com
Re: Request for a Front Yard Variance of 9’ on a 25’ required Front Yard
setback in the R-15 Zone for Lots D & E East Aspen Addition
Address: 1015 Waters Avenue
Written Description of Proposed Development:
The property at 1015 Waters Avenue consists of a current non-historic 1,591
Sq.Ft. single family home that is being replaced by a new 2,971 Sq.Ft.
home. 1015 Waters is a 60’ x 100’ lot, and a 6,000 Sq.Ft. parcel. Access to
the lot is off of Waters Ave. on the south side of the street. The lot is flat at
Waters and slopes up 16 feet to the South property line. The steep slopes
occupy 16% of the lot. On the Southwest corner of the lot, the Wheeler
Ditch traverses the property for a distance of 13’. An Improvement Survey
of current conditions and a Historical Topographic survey is attached that
both show the location of the Ditch.
Due to the slopes on the property, Net Lot Area has been calculated as
follows:
Gross Lot area = 6,000 Sq.Ft.
0-20% Slope = 4,291 Sq.Ft. = 0 Sq.Ft. Area Deduction
20-30% Slope = 221 Sq.Ft. = 110 Sq.Ft. Area Deduction (50%)
30% and Greater = 850 Sq.Ft. = 850 Sq.Ft. Area Deduction (100%)
Total Area Deduction = 960 Sq.Ft.
Total Net Lot Area = 5,040 Sq.Ft.
Allowable Floor Area on 6,000 Sq.Ft.= 3,240 Sq.Ft.
Net Lot Floor Area on 5,040 Sq.Ft. = 2,971 Sq.Ft.
(269 Sq.Ft. FA Deduction)
The zoning in the neighborhood is R-15. This parcel is a non-conforming lot
in the R-15 Zone, due to the size of the property. It is noted that 1015
Waters is one of a few, small and non-conforming lots in this R-15 Waters
Zone District. (See attached Parcel map of area)
The minimum lot size in the Zone is 15,000 Sq.Ft. and the minimum lot width
is 75’. 1015 Waters lot width is 60’ and a depth of 100’ for a total of 6,000
Sq.Ft. The Required setbacks for R-15 and of this lot are as follows:
Front Yard Setback: 25’-0”
Side Yard Setbacks: 10’-0” Combined 20’-0”
Rear Yard Setback: 10’-0”
Exhibit B- Application
Page 2
The current building plans are in the Building Department undergoing
permit review. During this permit review process, the Engineering Dept. has
ruled that the City has a prescriptive easement for this ditch on the
property and that Engineering will require a 10 foot setback for all
structures from the center line of the ditch.
Early in the planning phase of the project, inquiries about the ditch
occurred with the Architect and the Water Department, who manages
this ditch. At that time, there were no requirements by the Water Dept.
and or municipal codes that described any easements or requirements
regarding the ditch.
The Engineering Dept. through the permit review process has stated that in
fact the City has a prescriptive easement and requires a formal recoding
of that Easement between the Owner and the City of Aspen. The project
is in the process of surveying and recording an Exhibit to the title and
Survey for this Easement.
Solution:
The proposed structure including the foundation wall and shoring required
for excavation sits within this new ditch easement. The building as
required was designed to meet the required setbacks of a 25’ front yard
setback, and 10’ rear yard setback as well as the 10’ side yard setbacks.
The requested Variance of the front yard by 9’ will allow the structure to
move to the north and comply with the ditch easement. The front yard
setback will be 16’ versus 25’. The non-conforming lot size and the large
25’ front yard setback for this small lot (which the lot is the size of a West
End R-6 Zone with a front yard setback of 10’), coupled with 30-40% slopes,
and the required setback for the ditch creates a development hardship.
Had the front yard setback been less than 25’, the desired location of the
house would be closer to Waters Ave. and further from the ditch and
steep slopes. But given the 25’ setback on this small parcel, the building
had to be pushed to the rear conflicting with the ditch.
The Front yard Setback Variance request of 9’ for a setback of 16’ is the
minimum necessary for the structure to meet the Engineering Easement
requirement.
Exhibit B- Application
Page 3
Relevant Documents Attached
In connection with this request, the following information is attached:
1. Improvement Survey and Slope Analysis of Lots D & E Block 41 East
Aspen Addition (also known as 1015 Waters Avenue) prepared by
Tuttle Surveying Services.
2. Historical Improvement survey for use in calculating pre-
development Floor Area prepared by Tuttle Surveying Services.
3. Site Plan of the Proposed Structure with the Front Yard Setback
reduced to 16’-0”.
4. 26.710.050 R-15 Zone District Standards
5. Parcel Map of Waters Ave.
Relevant Code Section Responses
26.710.050 R-15 Zone District
Response: This Land Use Application has complied with the requirements
set forth in 26.710.050 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’ for a
final Front Yard setback of 16’.
26.304 Common Development Review Procedures
Response: This Land Use Application has included the requirements set
forth in 26.304 and are as follows:
1. Land Use Application and Signed Fee Agreement
2. Pre Application Conference Summary
3. Street Address and Legal Description and a Current Title Certificate
And pertinent documents regarding the Owner’s right to apply for
the Development Application.
4. Authorization Letter signed allowing Gretchen Greenwood to be the
Representative for the Application.
5. Improvement Survey
6. Historical Site Improvement Survey for purposes of Floor Area
Calculations dated 5-9-2018.
7. Site plan depicting the proposed development with a reduced Front
yard setback of 16’-0”.
8. An 8-1/2” x 11” Vicinity Map.
9. An 8-1/2” x 11” Parcel Map of Waters Avenue neighborhood.
10. HOA Compliance Form, signed.
11. A written Description of the Proposed Variance.
Exhibit B- Application
Page 4
12. A written response to all review criteria in Section 26.314.040.
Variances
26.757.020 Calculations and Measurements
Response: This Land Use Application has complied the requirements set
forth in 26.757.020 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’-0” for
a final Front Yard setback of 16’-0”.
26.314 Variances
26.314.040 Standards applicable to Variances
Written Responses
A. In order to authorize a variance from the dimensional
requirements of Title 26, the appropriate session-making body
shall make a finding that the following three (3) circumstances
exist.
1. The grant of variance will be generally consistent with the
purposes, goals, objectives, and policies of this Title and the
Municipal Code.
Response: The requested 9’ variance on a required Front Yard
Setback of 25’ on a non-conforming residential lot of 60 x 100
is consistent with a typical zoning of other 60 x 100 foot lots in
the City of Aspen for a single family home, where the front
yard setback is typically 10’-0”. The variance will produce a
16’ setback which is consistent with the Municipal Code in the
R-15 Zone District that has deeper setbacks than found in
other residential areas. The 16’ foot setback will maintain a
deeper setback and be proportional with the 60’ width of the
lot. The variance will also allow added protection from
construction of the ditch.
2. The grant of the variance is the minimum variance that will
make possible the reasonable use of the parcel, building and
or structure.
Response: The 9’ requested variance was determined
based on the construction of the foundation over-dig
that will include the shoring and micro-piles for the
construction of the foundation walls.
Exhibit B- Application
Page 5
3. Literal Interpretation and enforcement of the terms and
provisions of this Title would deprive the applicant of rights
commonly enjoyed by other parcels in the same zone district
and would cause the applicant unnecessary hardships
distinguished from mere inconvenience. In determining
whether an applicant’s rights would be deprived, the Board
shall consider whether either of the following conditions
apply:
a) There are special conditions and circumstances which are
unique to the parcel, building or structure, which are not
applicable to other parcels, structures or buildings in the
same zone district and which do not result from the actions
of the applicant; or
b) Granting the variance will not confer upon the applicant
any special privilege denied by the terms of this Title and
the Municipal code to other parcels, buildings or
structures, in the same Zone District.
Response: 1015 Waters has several unique circumstances
which are:
1. Non–conforming lot of 60 x 100. This lot is one of a few
undersized parcels on Waters that is non-conforming (see
attached parcel map of Waters Ave.). The majority of the
parcels on Waters Ave. are conforming lots of 15,000 Sq.Ft.
and/or 75’ wide lots. The lot at 1015 Waters is subject to the
same setbacks as the larger 15,000 Sq.Ft. parcels on the
same street. The larger lots have the area to
accommodate the 25’ setback as well as any larger lots
that are subject to the new 10’ ditch easement. This smaller
parcel with the 25’ setback and 10’ ditch easement has
less area to build.
2. The Wheeler Ditch Easement and restrictions are unique
circumstances on this parcel that create additional
hardships for building.
3. Steep slopes. The rear portion of the lot has 30-40% slopes
that contribute to a reduced Floor area.
In summary, combining the 25’ front yard setback with the
10’ Easement restrictions along the south property are
Exhibit B- Application
Page 6
unique circumstances only to this parcel and not
applicable to other parcels on Waters in the R-15 District.
This situation creates a hardship that other properties in the
Waters Ave. neighborhood do not have. The steep slopes
on the property reduce the allowable floor area and
combined with the 25’ setback and the ditch easement,
the building size and area are further reduced, creating a
hardship that other properties on Walnut do not have. By
reducing the Front yard setback to 16’ from 25’, by the act
of a Variance, the lot will enjoy the same building rights as
do the other parcels on the street. By the granting of this
variance, the property has a 16’ setback proportional with
the width of the lot, yet still maintaining the deeper
setbacks as is the case in an R-15 Zone, as well as
protecting the ditch easement from close encroachments
of a building. All other side yard setbacks and rear yard
setbacks required in the R-15 Zone District are maintained
with the granting of the Variance.
Exhibit B- Application
Exhibit B- Application
1
26.710.050
Purpose.
(R
1.
2.
3.
4.
5.
6.
26.520.040
7.
.
(R
1.
2.
3.
4.
5.
6.
7.
1.
2.
Exhibit B- Application
700,
2
15,000 3,000.
b.7,500 3,000.
3.
4.
b.
5.
6.
b.
7.
8.
9.
10.
Exhibit B- Application
3
Lot
0—3,000
, up
o
3,000—9,000
9,000—
15,000
15,000—
50,000
*
Exhibit B- Application
700,
4
Exhibit B- Application
Markup Summary
Page: A-100 LOWER LEVEL•50FLOOR PLAN
File Name: A-Architecture.1015Waters.2018-4.pdf The foundation must be 10ft
from the center line of the ditch.
A-Architecture.1015Waters.2018-4.pdf (1)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Show meter location.
C-Civil Engineering.1015Waters.2018.4.pdf (10)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf A maintenance and access
easement must be provided for
the ditch on property. The
easement must be 10ft from
center line of ditch. No structural
infrastructure can be within 10ft
of center line of ditch.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Profile 1 is incorrectly labeled
and should reference Detail F.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Soils report recommends
foundation drains. Please show
on plans.
The foundation must
be 10ft from the
center line of the
ditch.
A
A
Show meter location.
A maintenance and
access easement
must be provided for
the ditch on property.
The easement must
be 10ft from center
line of ditch. No
structural
infrastructure can be
within 10ft of center
line of ditch.
PROFILE - 1
J JProfile 1 is incorrectly
labeled and should
reference Detail F.
Soils report
recommends
foundation drains.
Please show on
plans.
Exhibit B- Application
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf General Notes section not
legible. Please revise.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf How will the southern swale be
conveyed through retaining wall
shown.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Permeable paver detail does not
comply with the URMP spec.
See Figure 8.31 in the URMP for
guidance on appropriate
permeable paver cross section.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Is work being proposed on the
ditch?
ally on the plan sheets. The Contractor is
s required to protect the site from erosion
ner's representative and the Engineer may
nstruction begins and/or placed immediately
ed to minimize soil exposure. Sediment
ore site grading or other construction is
ace roughened, mulched, or seeded and
main exposed and inactive for periods longer
J
General Notes section
not legible. Please
revise.
H
L
How will the southern
swale be conveyed
through retaining wall
shown.
Not to ScaleC CLEANOUT D Not to Scale
WATER SERVICE CONNECTION
OUS TYPES OF OUTLETS
WATERTIGHT ADAPTERS
-12
5 SEWER
DULE 40 DWV
UGATED PVC
D PVC
VARIABLE
OVERALL
HEIGHT
VARIES
AIL
G PERMEABLE PAVERS
Not to Scale
2.0% Min.
1/2 H : 1 V Batter
3' Minimum
Undisturbed Earth or
4' Max. Wall Height
Angular Free DrainingGravel (pea to 1")
4" ABS Perforated Pipe to Daylight
1' Minimum
Mirafi 140N or equal ENGINEERING,MOUNTAIN CRDETAILS1015 Waters AvenuePermeable paver
detail does not
comply with the
URMP spec. See
Figure 8.31 in the
URMP for guidance
on appropriate
permeable paver
cross section.
BIO-RETK
Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
LE
M
BIO-RETENTION POND
Not to ScaleK
PERFORATION DEPTH 4'PVC SOLID PIPE THROUGH
EEVE (SEE STRUCTURAL FOR
EEVE DETAILS) SLOPE CONCRETE
DRAIN AT 2% MIN. INTO PIPE.
N
4" PVC SOLID PIPE
AND 90° BEND
4" PVC UNION
TRANSITION FROM
SOLID PIPE TO
PERFORATED
PVC PERFORATED PIPE WITH CAP
GRAVEL SURFACE IS ONLY
CESSARY IF WINDOW WELL IS TO
FILLED WITH GRAVEL
IRRIGATION DITCH
Not to ScaleL
Is work being
proposed on the
ditch?
Exhibit B- Application
Page: C5
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Please re-incorporate these
figures on sheet C5. They are
illegible.
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No utilities are depicted on the
plan. Shallow and deep utilities
need to be depicted in order to
ensure no conflicts exist. Please
depict all utilities on the
stabilization plan, including those
to be abandoned and those
proposed. Indicate how
proposed utilities will be
coordinated with the retaining
wall.
G-Shoring.1015Waters.2018.4.pdf (3)
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No structural infrastructure
including micropiles can be
within 10ft of ditch.
Page: Grade-4 Temporary Micropile Wall General Notes
File Name: G-Shoring.1015Waters.2018.4.pdf Add a note stating that
movement readings from the
movement monitoring plan shall
be made available to the City
Engineering Department if
requested. The Engineering
Department shall be notified if
movement is detected outside
acceptable thresholds.
Page: L-1 LAYOUT AND MATERIALS
File Name: L-Landscape Plans.1015Waters.2018.4.pdf Please verify that a tree removal
permit has been submitted to the
Parks Department.
L-Landscape Plans.1015Waters.2018.4.pdf (1)
Please re-incorporate these
figures on sheet C5. They are
illegible.
No utilities are depicted on the plan.
Shallow and deep utilities need to be
depicted in order to ensure no conflicts
exist. Please depict all utilities on the
stabilization plan, including those to be
abandoned and those proposed.
Indicate how proposed utilities will be
coordinated with the retaining wall.0+200+40
0+600+80
Micropile WallTurn Lines 1 and 2
Micropile Wall
Turn Line 3, 4, 5 and 6
2.8'
Ditch shall be dry or piped through
property until the foundation is
completely backfilled
0+30GRADE-5No structural infrastructure
including micropiles can be
within 10ft of ditch.
design life can be extended.
4.6 RJ Engineering is not responsible for maintaining slope stability above and below the micropile wall during construction.
4.7 There appears to be no known utility conflicts with installation of the micropile walls. Utility locations presented shall be field verified prior to micropil
installation.
4.8 RJ Engineering is not responsible for quality control, quality assurance, changed conditions or problems resulting from improper construction techni
4.9 RJ Engineering is not responsible for construction site safety.
4.10 RJ Engineering is not responsible for wall layout. General contractor or representative of the general contractor is responsible for micropile wall la
4.11 Observation of micropile wall installation should be performed by a qualified engineer. Inspection and/or monitoring of the micropile wall after comp
excavation should be performed. The frequency and duration of the observation and monitoring shall be determined by the qualified engineer. Th
qualified engineer shall have experience with design and installation of micropile wall systems using injection bars. Observations shall be made at
a weekly basis during installation and during the service life of the system.
Add a note stating that movement readings from the movement
monitoring plan shall be made available to the City Engineering
Department if requested. The Engineering Department shall be notified if
movement is detected outside acceptable thresholds.
10"10"797079657964796379667967796879697971#1 #2
Existing Trees
(To removed.)
Proposed 30
(T.O.W.
61
62
Please verify that a
tree removal permit
has been submitted to
the Parks Department.
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1.Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2.Land Use Application Form
3.Dimensional Requirements Form (if required)
4.HOA Compliance Form
5.Development Review Procedure
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the
development proposed, submitting one copy of the development application to the Case Planner to determine
accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff
member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land
Use Code.
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
Exhibit B- Application
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
1015 WATERS AVENUE ASPEN, CO. 81611
2737-182-82-002
EVELYN F. HEMMING TRUST
311 MIDLAND AVENUE ASPEN, CO. 81611
970-948-0846 hemming@rof.net
GRETCHEN GREENWOOD
210 SOUTH GALENA ST. # 30 ASPEN, CO. 81611
970-948-2081 ggreenwood@ggaaspen.com
THE 60 X 100 FOOT LOT IN THE R-15 ZONE HAS AN EXISTING SINGLE FAMILY RESIDENCE, THAT IS NOT HISTORIC. THE PROPOSED
PLAN IS TO DEMOLISH THE EXISTING HOUSE AND REPLACE WITH A NEW SINGLE FAMILY HOUSE. THE LOT IS A NON
CONFORMING LOT IN THE R-15 DISTIRCT . THE ACCESS TO THE LOT IS OFF OF WATERS AVENUE. THE SITE IS FLAT AT WATERS
AND SLOPES UP TO THE SOUTH BY 25 FEET. AT THE SOUTH WES PROPERTY LINE, THE WHEELER DITCH CROSSES OVER THE
CORNER OF THE PROPERTY.
BOARD OF ADJUSTMENT
N/A
X
X
X
X
MUNICIPAL CODE: VARIANCE
2,275.00
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Project and Location ____________________________________________________________________
Applicant: ____________________________________________________________________________
Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________
Please fill out all relevant dimensions
Single Family and Duplex Residential
Existing Allowed Proposed
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance between buildings
Proposed % of demolition ______
Commercial
Proposed Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition ______
Existing non-conformities or encroachments:
Variations requested:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Multi-family Residential
Existing Allowed Proposed
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
7) Side Setbacks
Proposed % of demolition ______
Lodge
Additional Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8)Pedestrian Amenity (square feet)
Proposed % of demolition ______
Complete only if required by the PreApplication checklist
1,591 2,971 2,971
20 FT. 25 FT. 25 FT.
15 FT. 25 FT. 16 FT.
10 FT. 10 FT. 10 FT.
10.FT. 10 FT. 10 FT.
20 FT. 20 FT. 20 FT.
N/A
100
40%
THE SITE IS A NON CONFORMING LOT IN THE R-15 ZONE DISTRICT AT 1015 WATERS AVENUE. THE WIDTH OF THE LOT IS 60
FEET AND THE MINIMUM STANDARD FOR THE R-15 ZONE IS 75 FEET.
A FRONT YARD SETBACK OF 9 FEET IS REQUESTED, AS 15.5% OF THE LOT IS SUBJECT TO STEEP SLOPES LOCATED PRIMAIRLY IN THE SOUTHWEST
PORTION OF THE LOT. AT THIS SLOPED AREA, THE WHEELER DITCH PASSES THROUGH THE LOT. THE ENGINEERING DEPT IS REQUESTING A 10 FOOT
SETBACK FROM THE CENTERLINE OF THE DITCH TO BE VACANT OF ANY STRUCTURE. WITH THE COMBINATION OF THE STEEP SLOPES AND FTHE 25
FOOT FRONT YARD SETBACK THAT PUSH THE NEW RESIDENCE TO THE REAR OF THE LOT, AND THE ENGINEERING SETBACK THAT LIMITS THE
DEVELOPMENT ON THE REAR OF THE PROPERTY WHICH CAUSES VERY LIMITED DEVELOPMENT OPPORTUNITIES.
1015 WATERS AVENUE ASEPN, CO. 81611
GRETCHEN GREENWOOD FOR GREGG HEMMING FOR EVELYN F. HEMMING TRUST
R-15 6,000 SQ.FT.5,040 SQ.FT.
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW PROCEDURE
1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2.Submit Development Application. Based on your pre-application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3.Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4.Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5.Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board’s questions and decision.
(Continued on next page)
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
Exhibit B- Application
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
1
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Garrett Larimer DATE: 6.5.18
PROJECT: 1015 Waters Avenue
REPRESENTATIVE: Gretchen Greenwood, Gretchen Greenwood Architects
REQUEST: Setback variances
DESCRIPTION: The applicant submitted a building permit and during review, the Engineering
Department noted that the proposed development encroaches on a prescriptive ditch
easement 10’ setback in the southwest corner of the property, which is not allowed. The
applicant is to work with the Engineering Department to formalize the ditch easement, but
that process is separate from the setback variance request. The property is zoned R-15.
Approximately 15.5% of this lot is subject to steep slopes located primarily in the southwest
portion of the property, a ditch passes through the same portion of the property. The
Engineering Department requires all development be outside a 10’ foot setback from the
center line of the ditch. This code requirement necessitates either a redesign of the proposed
development, or a setback variance to reduce the front yard setback. A reduced setback
would allow for the structure to move toward the front property line, and out of the ditch
setback. The applicant preference is to pursue a setback variance.
The lot is non-conforming in terms of minimum lot width. The standard for the R-15 zone district
is a minimum of 75’, the existing lot width is 60’. The applicant believes there is a hardship on
the property because of the narrow lot size, the 25’ front yard setback, and steep slopes that
limit development opportunities.
A request for relief from front, side and/or rear setback requirements may be submitted
pursuant to Municipal Code Chapter 26.314, Variances, and will be reviewed by the Board
of Adjustment. The Applicant shall address the applicable review criteria, listed below.
Below are links to the Land Use Application form and Municipal Code for your convenience:
Land Use Application:
Land Use Application
Municipal Code:
Land Use Code
Relevant Code Sections
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
2
26.304 Common Development Review Procedures
26.314 Variances
26.575.020 Calculations and Measurements
26.710.050 R-15 zone district
Review by: Staff for complete application and recommendation
Engineering for referral comment
Board of Adjustment for determination
Public Hearing: Yes
Planning Fees: Variance ($1,950 for 6 hours)
Referral Fees: Engineering (per hour) - $325
Total Deposit: $2,275. Additional/lesser hours will be billed/refunded at a rate of
$325 per hour.
To apply, submit one complete copy of the following information:
Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed
to occur, consisting of a current (no older than 6 months) certificate from a title
insurance company, an ownership and encumbrance report, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and
all mortgages, judgments, liens, easements, contracts and agreements affecting the
parcel, and demonstrating the owner’s right to apply for the Development
Application.
Applicant’s name, address and telephone number in a letter signed by the applicant
that states the name, address and telephone number of the representative authorized
to act on behalf of the applicant.
A site improvement survey (no older than a year from submittal) including topography
and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado.
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
3
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
HOA Compliance form (Attached)
A written description of the proposal and an explanation in written, graphic, or model
form of how the proposed development complies with the review standards relevant
to the development application and relevant land use approvals associated with the
property. While complete architectural drawings for the proposed redevelopment
are not required, the applicant must adequately demonstrate the need for variances
and the location of the variances.
Written responses to all review criteria in Section 26.314.040.
Once the application is deemed complete by staff, the following items will then need to be
submitted:
2 Copies of the complete application packet and, if applicable, associated
drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com
APPLICANT’S NAME
HEMMING, EVELYN F. TRUST
311 MIDLAND AVENUE
ASPEN, CO. 81611
LEGAL DESCRIPTION:
LOTS D & E EAST ASPEN ADDITION
PROPERTY ADDRESS:
1015 WATERS AVENUE ASPEN, CO. 81611
TITLE CERTIFICATE IS ATTACHED
Exhibit B- Application
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62009289 Date: 04/13/2018
Property Address:1015 WATERS AVE, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closer's Assistant For Title Assistance
Kimberly Parham
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(303) 393-4870 (Work Fax)
kparham@ltgc.com
Contact License: CO414945
Company License: CO44565
Stefani Heaphey
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(800) 318-8202 (Work Fax)
sheaphey@ltgc.com
Contact License: CO526720
Company License: CO44565
Roaring Fork Valley Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
HEMMING EVELYN F TRUST
Delivered via: Delivered by Realtor
GRETCHEN GREENWOOD ARCHITECTS, INC.
Attention: GRETCHEN GREENWOOD
210 SOUTH GALENA STREET, SUITE 30
ASPEN, CO 81611
ggreenwood@ggaaspen.com
Delivered via: Electronic Mail
Exhibit B- Application
Copyright 2006-2018 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
1015 WATERS AVE, ASPEN, CO 81611
1.Effective Date:
03/23/2018 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
EVELYN F. HEMMING TRUST
5.The Land referred to in this Commitment is described as follows:
LOTS D AND E,
BLOCK 41,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
COUNTY OF PITKIN,
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62009289
Exhibit B- Application
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE
CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.THE FULLY EXECUTED TRUST AGREEMENT OF EVELYN F. HEMMING TRUST, A TRUST, MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN
CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR
TRUST AFFIDAVIT OF PUBLIC RECORD.
3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
EVELYN F. HEMMING TRUST RECORDED NOVEMBER 30, 2006 AT RECEPTION NO. 531651 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES EVELYN F. HEMMING AS THE TRUSTEE AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
4.WARRANTY DEED FROM EVELYN F. HEMMING TRUST TO TO BE DETERMINED CONVEYING SUBJECT
PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62009289
All of the following Requirements must be met:
Exhibit B- Application
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 21, 1955 IN BOOK 180 AT
PAGE 454.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69.
10.EASEMENTS, RESERVATIONS AND ALL MATTERS AS SET FORTH ON THE PLAT MAP OF EAST ASPEN
ADDITION RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR SEWER
AND WATER LINE AS SET FORTH IN DEED OF EASEMENT RECORDED JULY 12, 1974 IN BOOK 289 AT
PAGE 142.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62009289
Exhibit B- Application
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk
and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half
of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the
requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing
information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
Exhibit B- Application
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory
Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Exhibit B- Application
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as
agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Exhibit B- Application
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective
as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the
Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the
Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other
matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be
liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property
beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this
Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s
delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance
to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and
did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment
included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been
met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Exhibit B- Application
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s
agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy
neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either
the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in
Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-
signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of
this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied,
relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and
provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC.
210 South Galena Street Suite 30
Aspen CO. 81611
O: 970-925-4502
E-mail:ggreenwood@ggaaspen.com
Re: Request for a Front Yard Variance of 9’ on a 25’ required Front Yard
setback in the R-15 Zone for Lots D & E East Aspen Addition
Address: 1015 Waters Avenue
Written Description of Proposed Development:
The property at 1015 Waters Avenue consists of a current non-historic 1,591
Sq.Ft. single family home that is being replaced by a new 2,971 Sq.Ft.
home. 1015 Waters is a 60’ x 100’ lot, and a 6,000 Sq.Ft. parcel. Access to
the lot is off of Waters Ave. on the south side of the street. The lot is flat at
Waters and slopes up 16 feet to the South property line. The steep slopes
occupy 16% of the lot. On the Southwest corner of the lot, the Wheeler
Ditch traverses the property for a distance of 13’. An Improvement Survey
of current conditions and a Historical Topographic survey is attached that
both show the location of the Ditch.
Due to the slopes on the property, Net Lot Area has been calculated as
follows:
Gross Lot area = 6,000 Sq.Ft.
0-20% Slope = 4,291 Sq.Ft. = 0 Sq.Ft. Area Deduction
20-30% Slope = 221 Sq.Ft. = 110 Sq.Ft. Area Deduction (50%)
30% and Greater = 850 Sq.Ft. = 850 Sq.Ft. Area Deduction (100%)
Total Area Deduction = 960 Sq.Ft.
Total Net Lot Area = 5,040 Sq.Ft.
Allowable Floor Area on 6,000 Sq.Ft.= 3,240 Sq.Ft.
Net Lot Floor Area on 5,040 Sq.Ft. = 2,971 Sq.Ft.
(269 Sq.Ft. FA Deduction)
The zoning in the neighborhood is R-15. This parcel is a non-conforming lot
in the R-15 Zone, due to the size of the property. It is noted that 1015
Waters is one of a few, small and non-conforming lots in this R-15 Waters
Zone District. (See attached Parcel map of area)
The minimum lot size in the Zone is 15,000 Sq.Ft. and the minimum lot width
is 75’. 1015 Waters lot width is 60’ and a depth of 100’ for a total of 6,000
Sq.Ft. The Required setbacks for R-15 and of this lot are as follows:
Front Yard Setback: 25’-0”
Side Yard Setbacks: 10’-0” Combined 20’-0”
Rear Yard Setback: 10’-0”
Exhibit B- Application
Page 2
The current building plans are in the Building Department undergoing
permit review. During this permit review process, the Engineering Dept. has
ruled that the City has a prescriptive easement for this ditch on the
property and that Engineering will require a 10 foot setback for all
structures from the center line of the ditch.
Early in the planning phase of the project, inquiries about the ditch
occurred with the Architect and the Water Department, who manages
this ditch. At that time, there were no requirements by the Water Dept.
and or municipal codes that described any easements or requirements
regarding the ditch.
The Engineering Dept. through the permit review process has stated that in
fact the City has a prescriptive easement and requires a formal recoding
of that Easement between the Owner and the City of Aspen. The project
is in the process of surveying and recording an Exhibit to the title and
Survey for this Easement.
Solution:
The proposed structure including the foundation wall and shoring required
for excavation sits within this new ditch easement. The building as
required was designed to meet the required setbacks of a 25’ front yard
setback, and 10’ rear yard setback as well as the 10’ side yard setbacks.
The requested Variance of the front yard by 9’ will allow the structure to
move to the north and comply with the ditch easement. The front yard
setback will be 16’ versus 25’. The non-conforming lot size and the large
25’ front yard setback for this small lot (which the lot is the size of a West
End R-6 Zone with a front yard setback of 10’), coupled with 30-40% slopes,
and the required setback for the ditch creates a development hardship.
Had the front yard setback been less than 25’, the desired location of the
house would be closer to Waters Ave. and further from the ditch and
steep slopes. But given the 25’ setback on this small parcel, the building
had to be pushed to the rear conflicting with the ditch.
The Front yard Setback Variance request of 9’ for a setback of 16’ is the
minimum necessary for the structure to meet the Engineering Easement
requirement.
Exhibit B- Application
Page 3
Relevant Documents Attached
In connection with this request, the following information is attached:
1. Improvement Survey and Slope Analysis of Lots D & E Block 41 East
Aspen Addition (also known as 1015 Waters Avenue) prepared by
Tuttle Surveying Services.
2. Historical Improvement survey for use in calculating pre-
development Floor Area prepared by Tuttle Surveying Services.
3. Site Plan of the Proposed Structure with the Front Yard Setback
reduced to 16’-0”.
4. 26.710.050 R-15 Zone District Standards
5. Parcel Map of Waters Ave.
Relevant Code Section Responses
26.710.050 R-15 Zone District
Response: This Land Use Application has complied with the requirements
set forth in 26.710.050 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’ for a
final Front Yard setback of 16’.
26.304 Common Development Review Procedures
Response: This Land Use Application has included the requirements set
forth in 26.304 and are as follows:
1. Land Use Application and Signed Fee Agreement
2. Pre Application Conference Summary
3. Street Address and Legal Description and a Current Title Certificate
And pertinent documents regarding the Owner’s right to apply for
the Development Application.
4. Authorization Letter signed allowing Gretchen Greenwood to be the
Representative for the Application.
5. Improvement Survey
6. Historical Site Improvement Survey for purposes of Floor Area
Calculations dated 5-9-2018.
7. Site plan depicting the proposed development with a reduced Front
yard setback of 16’-0”.
8. An 8-1/2” x 11” Vicinity Map.
9. An 8-1/2” x 11” Parcel Map of Waters Avenue neighborhood.
10. HOA Compliance Form, signed.
11. A written Description of the Proposed Variance.
Exhibit B- Application
Page 4
12. A written response to all review criteria in Section 26.314.040.
Variances
26.757.020 Calculations and Measurements
Response: This Land Use Application has complied the requirements set
forth in 26.757.020 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’-0” for
a final Front Yard setback of 16’-0”.
26.314 Variances
26.314.040 Standards applicable to Variances
Written Responses
A. In order to authorize a variance from the dimensional
requirements of Title 26, the appropriate session-making body
shall make a finding that the following three (3) circumstances
exist.
1. The grant of variance will be generally consistent with the
purposes, goals, objectives, and policies of this Title and the
Municipal Code.
Response: The requested 9’ variance on a required Front Yard
Setback of 25’ on a non-conforming residential lot of 60 x 100
is consistent with a typical zoning of other 60 x 100 foot lots in
the City of Aspen for a single family home, where the front
yard setback is typically 10’-0”. The variance will produce a
16’ setback which is consistent with the Municipal Code in the
R-15 Zone District that has deeper setbacks than found in
other residential areas. The 16’ foot setback will maintain a
deeper setback and be proportional with the 60’ width of the
lot. The variance will also allow added protection from
construction of the ditch.
2. The grant of the variance is the minimum variance that will
make possible the reasonable use of the parcel, building and
or structure.
Response: The 9’ requested variance was determined
based on the construction of the foundation over-dig
that will include the shoring and micro-piles for the
construction of the foundation walls.
Exhibit B- Application
Page 5
3. Literal Interpretation and enforcement of the terms and
provisions of this Title would deprive the applicant of rights
commonly enjoyed by other parcels in the same zone district
and would cause the applicant unnecessary hardships
distinguished from mere inconvenience. In determining
whether an applicant’s rights would be deprived, the Board
shall consider whether either of the following conditions
apply:
a) There are special conditions and circumstances which are
unique to the parcel, building or structure, which are not
applicable to other parcels, structures or buildings in the
same zone district and which do not result from the actions
of the applicant; or
b) Granting the variance will not confer upon the applicant
any special privilege denied by the terms of this Title and
the Municipal code to other parcels, buildings or
structures, in the same Zone District.
Response: 1015 Waters has several unique circumstances
which are:
1. Non–conforming lot of 60 x 100. This lot is one of a few
undersized parcels on Waters that is non-conforming (see
attached parcel map of Waters Ave.). The majority of the
parcels on Waters Ave. are conforming lots of 15,000 Sq.Ft.
and/or 75’ wide lots. The lot at 1015 Waters is subject to the
same setbacks as the larger 15,000 Sq.Ft. parcels on the
same street. The larger lots have the area to
accommodate the 25’ setback as well as any larger lots
that are subject to the new 10’ ditch easement. This smaller
parcel with the 25’ setback and 10’ ditch easement has
less area to build.
2. The Wheeler Ditch Easement and restrictions are unique
circumstances on this parcel that create additional
hardships for building.
3. Steep slopes. The rear portion of the lot has 30-40% slopes
that contribute to a reduced Floor area.
In summary, combining the 25’ front yard setback with the
10’ Easement restrictions along the south property are
Exhibit B- Application
Page 6
unique circumstances only to this parcel and not
applicable to other parcels on Waters in the R-15 District.
This situation creates a hardship that other properties in the
Waters Ave. neighborhood do not have. The steep slopes
on the property reduce the allowable floor area and
combined with the 25’ setback and the ditch easement,
the building size and area are further reduced, creating a
hardship that other properties on Walnut do not have. By
reducing the Front yard setback to 16’ from 25’, by the act
of a Variance, the lot will enjoy the same building rights as
do the other parcels on the street. By the granting of this
variance, the property has a 16’ setback proportional with
the width of the lot, yet still maintaining the deeper
setbacks as is the case in an R-15 Zone, as well as
protecting the ditch easement from close encroachments
of a building. All other side yard setbacks and rear yard
setbacks required in the R-15 Zone District are maintained
with the granting of the Variance.
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
1
26.710.050
Purpose.
(R
1.
2.
3.
4.
5.
6.
26.520.040
7.
.
(R
1.
2.
3.
4.
5.
6.
7.
1.
2.
Exhibit B- Application
700,
2
15,000 3,000.
b.7,500 3,000.
3.
4.
b.
5.
6.
b.
7.
8.
9.
10.
Exhibit B- Application
3
Lot
0—3,000
, up
o
3,000—9,000
9,000—
15,000
15,000—
50,000
*
Exhibit B- Application
700,
4
Exhibit B- Application
Markup Summary
Page: A-100 LOWER LEVEL•50FLOOR PLAN
File Name: A-Architecture.1015Waters.2018-4.pdf The foundation must be 10ft
from the center line of the ditch.
A-Architecture.1015Waters.2018-4.pdf (1)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Show meter location.
C-Civil Engineering.1015Waters.2018.4.pdf (10)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf A maintenance and access
easement must be provided for
the ditch on property. The
easement must be 10ft from
center line of ditch. No structural
infrastructure can be within 10ft
of center line of ditch.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Profile 1 is incorrectly labeled
and should reference Detail F.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Soils report recommends
foundation drains. Please show
on plans.
The foundation must
be 10ft from the
center line of the
ditch.
A
A
Show meter location.
A maintenance and
access easement
must be provided for
the ditch on property.
The easement must
be 10ft from center
line of ditch. No
structural
infrastructure can be
within 10ft of center
line of ditch.
PROFILE - 1
J JProfile 1 is incorrectly
labeled and should
reference Detail F.
Soils report
recommends
foundation drains.
Please show on
plans.
Exhibit B- Application
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf General Notes section not
legible. Please revise.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf How will the southern swale be
conveyed through retaining wall
shown.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Permeable paver detail does not
comply with the URMP spec.
See Figure 8.31 in the URMP for
guidance on appropriate
permeable paver cross section.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Is work being proposed on the
ditch?
ally on the plan sheets. The Contractor is
s required to protect the site from erosion
ner's representative and the Engineer may
nstruction begins and/or placed immediately
ed to minimize soil exposure. Sediment
ore site grading or other construction is
ace roughened, mulched, or seeded and
main exposed and inactive for periods longer
J
General Notes section
not legible. Please
revise.
H
L
How will the southern
swale be conveyed
through retaining wall
shown.
Not to ScaleC CLEANOUT D Not to Scale
WATER SERVICE CONNECTION
OUS TYPES OF OUTLETS
WATERTIGHT ADAPTERS
-12
5 SEWER
DULE 40 DWV
UGATED PVC
D PVC
VARIABLE
OVERALL
HEIGHT
VARIES
AIL
G PERMEABLE PAVERS
Not to Scale
2.0% Min.
1/2 H : 1 V Batter
3' Minimum
Undisturbed Earth or
4' Max. Wall Height
Angular Free DrainingGravel (pea to 1")
4" ABS Perforated Pipe to Daylight
1' Minimum
Mirafi 140N or equal ENGINEERING,MOUNTAIN CRDETAILS1015 Waters AvenuePermeable paver
detail does not
comply with the
URMP spec. See
Figure 8.31 in the
URMP for guidance
on appropriate
permeable paver
cross section.
BIO-RETK
Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
LE
M
BIO-RETENTION POND
Not to ScaleK
PERFORATION DEPTH 4'PVC SOLID PIPE THROUGH
EEVE (SEE STRUCTURAL FOR
EEVE DETAILS) SLOPE CONCRETE
DRAIN AT 2% MIN. INTO PIPE.
N
4" PVC SOLID PIPE
AND 90° BEND
4" PVC UNION
TRANSITION FROM
SOLID PIPE TO
PERFORATED
PVC PERFORATED PIPE WITH CAP
GRAVEL SURFACE IS ONLY
CESSARY IF WINDOW WELL IS TO
FILLED WITH GRAVEL
IRRIGATION DITCH
Not to ScaleL
Is work being
proposed on the
ditch?
Exhibit B- Application
Page: C5
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Please re-incorporate these
figures on sheet C5. They are
illegible.
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No utilities are depicted on the
plan. Shallow and deep utilities
need to be depicted in order to
ensure no conflicts exist. Please
depict all utilities on the
stabilization plan, including those
to be abandoned and those
proposed. Indicate how
proposed utilities will be
coordinated with the retaining
wall.
G-Shoring.1015Waters.2018.4.pdf (3)
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No structural infrastructure
including micropiles can be
within 10ft of ditch.
Page: Grade-4 Temporary Micropile Wall General Notes
File Name: G-Shoring.1015Waters.2018.4.pdf Add a note stating that
movement readings from the
movement monitoring plan shall
be made available to the City
Engineering Department if
requested. The Engineering
Department shall be notified if
movement is detected outside
acceptable thresholds.
Page: L-1 LAYOUT AND MATERIALS
File Name: L-Landscape Plans.1015Waters.2018.4.pdf Please verify that a tree removal
permit has been submitted to the
Parks Department.
L-Landscape Plans.1015Waters.2018.4.pdf (1)
Please re-incorporate these
figures on sheet C5. They are
illegible.
No utilities are depicted on the plan.
Shallow and deep utilities need to be
depicted in order to ensure no conflicts
exist. Please depict all utilities on the
stabilization plan, including those to be
abandoned and those proposed.
Indicate how proposed utilities will be
coordinated with the retaining wall.0+200+40
0+600+80
Micropile WallTurn Lines 1 and 2
Micropile Wall
Turn Line 3, 4, 5 and 6
2.8'
Ditch shall be dry or piped through
property until the foundation is
completely backfilled
0+30GRADE-5No structural infrastructure
including micropiles can be
within 10ft of ditch.
design life can be extended.
4.6 RJ Engineering is not responsible for maintaining slope stability above and below the micropile wall during construction.
4.7 There appears to be no known utility conflicts with installation of the micropile walls. Utility locations presented shall be field verified prior to micropil
installation.
4.8 RJ Engineering is not responsible for quality control, quality assurance, changed conditions or problems resulting from improper construction techni
4.9 RJ Engineering is not responsible for construction site safety.
4.10 RJ Engineering is not responsible for wall layout. General contractor or representative of the general contractor is responsible for micropile wall la
4.11 Observation of micropile wall installation should be performed by a qualified engineer. Inspection and/or monitoring of the micropile wall after comp
excavation should be performed. The frequency and duration of the observation and monitoring shall be determined by the qualified engineer. Th
qualified engineer shall have experience with design and installation of micropile wall systems using injection bars. Observations shall be made at
a weekly basis during installation and during the service life of the system.
Add a note stating that movement readings from the movement
monitoring plan shall be made available to the City Engineering
Department if requested. The Engineering Department shall be notified if
movement is detected outside acceptable thresholds.
10"10"797079657964796379667967796879697971#1 #2
Existing Trees
(To removed.)
Proposed 30
(T.O.W.
61
62
Please verify that a
tree removal permit
has been submitted to
the Parks Department.
Exhibit B- Application
Page: S1.1 FOUNDATION PLAN
File Name: S-Structural Engineering.1015Waters.2018.4.pdf Foundation can not be within
10ft of the center line of the
ditch.
S-Structural Engineering.1015Waters.2018.4.pdf (1)
Foundation can not
be within 10ft of the
center line of the
ditch.
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1.Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2.Land Use Application Form
3.Dimensional Requirements Form (if required)
4.HOA Compliance Form
5.Development Review Procedure
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the
development proposed, submitting one copy of the development application to the Case Planner to determine
accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff
member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land
Use Code.
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
Exhibit B- Application
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Project Name and Address:_________________________________________________________________________
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
1015 WATERS AVENUE ASPEN, CO. 81611
2737-182-82-002
EVELYN F. HEMMING TRUST
311 MIDLAND AVENUE ASPEN, CO. 81611
970-948-0846 hemming@rof.net
GRETCHEN GREENWOOD
210 SOUTH GALENA ST. # 30 ASPEN, CO. 81611
970-948-2081 ggreenwood@ggaaspen.com
THE 60 X 100 FOOT LOT IN THE R-15 ZONE HAS AN EXISTING SINGLE FAMILY RESIDENCE, THAT IS NOT HISTORIC. THE PROPOSED
PLAN IS TO DEMOLISH THE EXISTING HOUSE AND REPLACE WITH A NEW SINGLE FAMILY HOUSE. THE LOT IS A NON
CONFORMING LOT IN THE R-15 DISTIRCT . THE ACCESS TO THE LOT IS OFF OF WATERS AVENUE. THE SITE IS FLAT AT WATERS
AND SLOPES UP TO THE SOUTH BY 25 FEET. AT THE SOUTH WES PROPERTY LINE, THE WHEELER DITCH CROSSES OVER THE
CORNER OF THE PROPERTY.
BOARD OF ADJUSTMENT
N/A
X
X
X
X
MUNICIPAL CODE: VARIANCE
2,275.00
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Project and Location ____________________________________________________________________
Applicant: ____________________________________________________________________________
Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________
Please fill out all relevant dimensions
Single Family and Duplex Residential
Existing Allowed Proposed
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance between buildings
Proposed % of demolition ______
Commercial
Proposed Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition ______
Existing non-conformities or encroachments:
Variations requested:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Multi-family Residential
Existing Allowed Proposed
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
7) Side Setbacks
Proposed % of demolition ______
Lodge
Additional Use(s)____________________
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8)Pedestrian Amenity (square feet)
Proposed % of demolition ______
Complete only if required by the PreApplication checklist
1,591 2,971 2,971
20 FT. 25 FT. 25 FT.
15 FT. 25 FT. 16 FT.
10 FT. 10 FT. 10 FT.
10.FT. 10 FT. 10 FT.
20 FT. 20 FT. 20 FT.
N/A
100
40%
THE SITE IS A NON CONFORMING LOT IN THE R-15 ZONE DISTRICT AT 1015 WATERS AVENUE. THE WIDTH OF THE LOT IS 60
FEET AND THE MINIMUM STANDARD FOR THE R-15 ZONE IS 75 FEET.
A FRONT YARD SETBACK OF 9 FEET IS REQUESTED, AS 15.5% OF THE LOT IS SUBJECT TO STEEP SLOPES LOCATED PRIMAIRLY IN THE SOUTHWEST
PORTION OF THE LOT. AT THIS SLOPED AREA, THE WHEELER DITCH PASSES THROUGH THE LOT. THE ENGINEERING DEPT IS REQUESTING A 10 FOOT
SETBACK FROM THE CENTERLINE OF THE DITCH TO BE VACANT OF ANY STRUCTURE. WITH THE COMBINATION OF THE STEEP SLOPES AND FTHE 25
FOOT FRONT YARD SETBACK THAT PUSH THE NEW RESIDENCE TO THE REAR OF THE LOT, AND THE ENGINEERING SETBACK THAT LIMITS THE
DEVELOPMENT ON THE REAR OF THE PROPERTY WHICH CAUSES VERY LIMITED DEVELOPMENT OPPORTUNITIES.
1015 WATERS AVENUE ASEPN, CO. 81611
GRETCHEN GREENWOOD FOR GREGG HEMMING FOR EVELYN F. HEMMING TRUST
R-15 6,000 SQ.FT.5,040 SQ.FT.
Exhibit B- Application
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW PROCEDURE
1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2.Submit Development Application. Based on your pre-application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3.Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4.Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5.Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board’s questions and decision.
(Continued on next page)
Exhibit B- Application
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
Exhibit B- Application
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
1
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Garrett Larimer DATE: 6.5.18
PROJECT: 1015 Waters Avenue
REPRESENTATIVE: Gretchen Greenwood, Gretchen Greenwood Architects
REQUEST: Setback variances
DESCRIPTION: The applicant submitted a building permit and during review, the Engineering
Department noted that the proposed development encroaches on a prescriptive ditch
easement 10’ setback in the southwest corner of the property, which is not allowed. The
applicant is to work with the Engineering Department to formalize the ditch easement, but
that process is separate from the setback variance request. The property is zoned R-15.
Approximately 15.5% of this lot is subject to steep slopes located primarily in the southwest
portion of the property, a ditch passes through the same portion of the property. The
Engineering Department requires all development be outside a 10’ foot setback from the
center line of the ditch. This code requirement necessitates either a redesign of the proposed
development, or a setback variance to reduce the front yard setback. A reduced setback
would allow for the structure to move toward the front property line, and out of the ditch
setback. The applicant preference is to pursue a setback variance.
The lot is non-conforming in terms of minimum lot width. The standard for the R-15 zone district
is a minimum of 75’, the existing lot width is 60’. The applicant believes there is a hardship on
the property because of the narrow lot size, the 25’ front yard setback, and steep slopes that
limit development opportunities.
A request for relief from front, side and/or rear setback requirements may be submitted
pursuant to Municipal Code Chapter 26.314, Variances, and will be reviewed by the Board
of Adjustment. The Applicant shall address the applicable review criteria, listed below.
Below are links to the Land Use Application form and Municipal Code for your convenience:
Land Use Application:
Land Use Application
Municipal Code:
Land Use Code
Relevant Code Sections
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
2
26.304 Common Development Review Procedures
26.314 Variances
26.575.020 Calculations and Measurements
26.710.050 R-15 zone district
Review by: Staff for complete application and recommendation
Engineering for referral comment
Board of Adjustment for determination
Public Hearing: Yes
Planning Fees: Variance ($1,950 for 6 hours)
Referral Fees: Engineering (per hour) - $325
Total Deposit: $2,275. Additional/lesser hours will be billed/refunded at a rate of
$325 per hour.
To apply, submit one complete copy of the following information:
Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed
to occur, consisting of a current (no older than 6 months) certificate from a title
insurance company, an ownership and encumbrance report, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and
all mortgages, judgments, liens, easements, contracts and agreements affecting the
parcel, and demonstrating the owner’s right to apply for the Development
Application.
Applicant’s name, address and telephone number in a letter signed by the applicant
that states the name, address and telephone number of the representative authorized
to act on behalf of the applicant.
A site improvement survey (no older than a year from submittal) including topography
and vegetation showing the current status of the parcel certified by a registered land
surveyor by licensed in the State of Colorado.
Exhibit B- Application
Setback Variance
1015 Waters Avenue
273718282002
3
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
HOA Compliance form (Attached)
A written description of the proposal and an explanation in written, graphic, or model
form of how the proposed development complies with the review standards relevant
to the development application and relevant land use approvals associated with the
property. While complete architectural drawings for the proposed redevelopment
are not required, the applicant must adequately demonstrate the need for variances
and the location of the variances.
Written responses to all review criteria in Section 26.314.040.
Once the application is deemed complete by staff, the following items will then need to be
submitted:
2 Copies of the complete application packet and, if applicable, associated
drawings.
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Exhibit B- Application
GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com
APPLICANT’S NAME
HEMMING, EVELYN F. TRUST
311 MIDLAND AVENUE
ASPEN, CO. 81611
LEGAL DESCRIPTION:
LOTS D & E EAST ASPEN ADDITION
PROPERTY ADDRESS:
1015 WATERS AVENUE ASPEN, CO. 81611
TITLE CERTIFICATE IS ATTACHED
Exhibit B- Application
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62009289 Date: 04/13/2018
Property Address:1015 WATERS AVE, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closer's Assistant For Title Assistance
Kimberly Parham
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(303) 393-4870 (Work Fax)
kparham@ltgc.com
Contact License: CO414945
Company License: CO44565
Stefani Heaphey
533 E HOPKINS #102
ASPEN, CO 81611
(970) 925-1678 (Work)
(800) 318-8202 (Work Fax)
sheaphey@ltgc.com
Contact License: CO526720
Company License: CO44565
Roaring Fork Valley Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
HEMMING EVELYN F TRUST
Delivered via: Delivered by Realtor
GRETCHEN GREENWOOD ARCHITECTS, INC.
Attention: GRETCHEN GREENWOOD
210 SOUTH GALENA STREET, SUITE 30
ASPEN, CO 81611
ggreenwood@ggaaspen.com
Delivered via: Electronic Mail
Exhibit B- Application
Copyright 2006-2018 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
1015 WATERS AVE, ASPEN, CO 81611
1.Effective Date:
03/23/2018 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
EVELYN F. HEMMING TRUST
5.The Land referred to in this Commitment is described as follows:
LOTS D AND E,
BLOCK 41,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
COUNTY OF PITKIN,
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62009289
Exhibit B- Application
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE
CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.THE FULLY EXECUTED TRUST AGREEMENT OF EVELYN F. HEMMING TRUST, A TRUST, MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN
CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR
TRUST AFFIDAVIT OF PUBLIC RECORD.
3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
EVELYN F. HEMMING TRUST RECORDED NOVEMBER 30, 2006 AT RECEPTION NO. 531651 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES EVELYN F. HEMMING AS THE TRUSTEE AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
4.WARRANTY DEED FROM EVELYN F. HEMMING TRUST TO TO BE DETERMINED CONVEYING SUBJECT
PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62009289
All of the following Requirements must be met:
Exhibit B- Application
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 21, 1955 IN BOOK 180 AT
PAGE 454.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69.
10.EASEMENTS, RESERVATIONS AND ALL MATTERS AS SET FORTH ON THE PLAT MAP OF EAST ASPEN
ADDITION RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252.
11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR SEWER
AND WATER LINE AS SET FORTH IN DEED OF EASEMENT RECORDED JULY 12, 1974 IN BOOK 289 AT
PAGE 142.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62009289
Exhibit B- Application
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk
and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half
of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the
requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing
information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
Exhibit B- Application
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory
Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Exhibit B- Application
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as
agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Exhibit B- Application
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE
WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective
as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the
Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the
Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other
matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be
liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property
beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this
Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s
delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance
to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and
did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment
included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been
met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Exhibit B- Application
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s
agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy
neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either
the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in
Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-
signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of
this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied,
relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and
provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
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GRETCHEN GREENWOOD ARCHITECT, INC.
210 South Galena Street Suite 30
Aspen CO. 81611
O: 970-925-4502
E-mail:ggreenwood@ggaaspen.com
Re: Request for a Front Yard Variance of 9’ on a 25’ required Front Yard
setback in the R-15 Zone for Lots D & E East Aspen Addition
Address: 1015 Waters Avenue
Written Description of Proposed Development:
The property at 1015 Waters Avenue consists of a current non-historic 1,591
Sq.Ft. single family home that is being replaced by a new 2,971 Sq.Ft.
home. 1015 Waters is a 60’ x 100’ lot, and a 6,000 Sq.Ft. parcel. Access to
the lot is off of Waters Ave. on the south side of the street. The lot is flat at
Waters and slopes up 16 feet to the South property line. The steep slopes
occupy 16% of the lot. On the Southwest corner of the lot, the Wheeler
Ditch traverses the property for a distance of 13’. An Improvement Survey
of current conditions and a Historical Topographic survey is attached that
both show the location of the Ditch.
Due to the slopes on the property, Net Lot Area has been calculated as
follows:
Gross Lot area = 6,000 Sq.Ft.
0-20% Slope = 4,291 Sq.Ft. = 0 Sq.Ft. Area Deduction
20-30% Slope = 221 Sq.Ft. = 110 Sq.Ft. Area Deduction (50%)
30% and Greater = 850 Sq.Ft. = 850 Sq.Ft. Area Deduction (100%)
Total Area Deduction = 960 Sq.Ft.
Total Net Lot Area = 5,040 Sq.Ft.
Allowable Floor Area on 6,000 Sq.Ft.= 3,240 Sq.Ft.
Net Lot Floor Area on 5,040 Sq.Ft. = 2,971 Sq.Ft.
(269 Sq.Ft. FA Deduction)
The zoning in the neighborhood is R-15. This parcel is a non-conforming lot
in the R-15 Zone, due to the size of the property. It is noted that 1015
Waters is one of a few, small and non-conforming lots in this R-15 Waters
Zone District. (See attached Parcel map of area)
The minimum lot size in the Zone is 15,000 Sq.Ft. and the minimum lot width
is 75’. 1015 Waters lot width is 60’ and a depth of 100’ for a total of 6,000
Sq.Ft. The Required setbacks for R-15 and of this lot are as follows:
Front Yard Setback: 25’-0”
Side Yard Setbacks: 10’-0” Combined 20’-0”
Rear Yard Setback: 10’-0”
Exhibit B- Application
Page 2
The current building plans are in the Building Department undergoing
permit review. During this permit review process, the Engineering Dept. has
ruled that the City has a prescriptive easement for this ditch on the
property and that Engineering will require a 10 foot setback for all
structures from the center line of the ditch.
Early in the planning phase of the project, inquiries about the ditch
occurred with the Architect and the Water Department, who manages
this ditch. At that time, there were no requirements by the Water Dept.
and or municipal codes that described any easements or requirements
regarding the ditch.
The Engineering Dept. through the permit review process has stated that in
fact the City has a prescriptive easement and requires a formal recoding
of that Easement between the Owner and the City of Aspen. The project
is in the process of surveying and recording an Exhibit to the title and
Survey for this Easement.
Solution:
The proposed structure including the foundation wall and shoring required
for excavation sits within this new ditch easement. The building as
required was designed to meet the required setbacks of a 25’ front yard
setback, and 10’ rear yard setback as well as the 10’ side yard setbacks.
The requested Variance of the front yard by 9’ will allow the structure to
move to the north and comply with the ditch easement. The front yard
setback will be 16’ versus 25’. The non-conforming lot size and the large
25’ front yard setback for this small lot (which the lot is the size of a West
End R-6 Zone with a front yard setback of 10’), coupled with 30-40% slopes,
and the required setback for the ditch creates a development hardship.
Had the front yard setback been less than 25’, the desired location of the
house would be closer to Waters Ave. and further from the ditch and
steep slopes. But given the 25’ setback on this small parcel, the building
had to be pushed to the rear conflicting with the ditch.
The Front yard Setback Variance request of 9’ for a setback of 16’ is the
minimum necessary for the structure to meet the Engineering Easement
requirement.
Exhibit B- Application
Page 3
Relevant Documents Attached
In connection with this request, the following information is attached:
1. Improvement Survey and Slope Analysis of Lots D & E Block 41 East
Aspen Addition (also known as 1015 Waters Avenue) prepared by
Tuttle Surveying Services.
2. Historical Improvement survey for use in calculating pre-
development Floor Area prepared by Tuttle Surveying Services.
3. Site Plan of the Proposed Structure with the Front Yard Setback
reduced to 16’-0”.
4. 26.710.050 R-15 Zone District Standards
5. Parcel Map of Waters Ave.
Relevant Code Section Responses
26.710.050 R-15 Zone District
Response: This Land Use Application has complied with the requirements
set forth in 26.710.050 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’ for a
final Front Yard setback of 16’.
26.304 Common Development Review Procedures
Response: This Land Use Application has included the requirements set
forth in 26.304 and are as follows:
1. Land Use Application and Signed Fee Agreement
2. Pre Application Conference Summary
3. Street Address and Legal Description and a Current Title Certificate
And pertinent documents regarding the Owner’s right to apply for
the Development Application.
4. Authorization Letter signed allowing Gretchen Greenwood to be the
Representative for the Application.
5. Improvement Survey
6. Historical Site Improvement Survey for purposes of Floor Area
Calculations dated 5-9-2018.
7. Site plan depicting the proposed development with a reduced Front
yard setback of 16’-0”.
8. An 8-1/2” x 11” Vicinity Map.
9. An 8-1/2” x 11” Parcel Map of Waters Avenue neighborhood.
10. HOA Compliance Form, signed.
11. A written Description of the Proposed Variance.
Exhibit B- Application
Page 4
12. A written response to all review criteria in Section 26.314.040.
Variances
26.757.020 Calculations and Measurements
Response: This Land Use Application has complied the requirements set
forth in 26.757.020 with the exception of the Front Yard Setback, as this
application is requesting a reduction of the Front Yard Setback of 9’-0” for
a final Front Yard setback of 16’-0”.
26.314 Variances
26.314.040 Standards applicable to Variances
Written Responses
A. In order to authorize a variance from the dimensional
requirements of Title 26, the appropriate session-making body
shall make a finding that the following three (3) circumstances
exist.
1. The grant of variance will be generally consistent with the
purposes, goals, objectives, and policies of this Title and the
Municipal Code.
Response: The requested 9’ variance on a required Front Yard
Setback of 25’ on a non-conforming residential lot of 60 x 100
is consistent with a typical zoning of other 60 x 100 foot lots in
the City of Aspen for a single family home, where the front
yard setback is typically 10’-0”. The variance will produce a
16’ setback which is consistent with the Municipal Code in the
R-15 Zone District that has deeper setbacks than found in
other residential areas. The 16’ foot setback will maintain a
deeper setback and be proportional with the 60’ width of the
lot. The variance will also allow added protection from
construction of the ditch.
2. The grant of the variance is the minimum variance that will
make possible the reasonable use of the parcel, building and
or structure.
Response: The 9’ requested variance was determined
based on the construction of the foundation over-dig
that will include the shoring and micro-piles for the
construction of the foundation walls.
Exhibit B- Application
Page 5
3. Literal Interpretation and enforcement of the terms and
provisions of this Title would deprive the applicant of rights
commonly enjoyed by other parcels in the same zone district
and would cause the applicant unnecessary hardships
distinguished from mere inconvenience. In determining
whether an applicant’s rights would be deprived, the Board
shall consider whether either of the following conditions
apply:
a) There are special conditions and circumstances which are
unique to the parcel, building or structure, which are not
applicable to other parcels, structures or buildings in the
same zone district and which do not result from the actions
of the applicant; or
b) Granting the variance will not confer upon the applicant
any special privilege denied by the terms of this Title and
the Municipal code to other parcels, buildings or
structures, in the same Zone District.
Response: 1015 Waters has several unique circumstances
which are:
1. Non–conforming lot of 60 x 100. This lot is one of a few
undersized parcels on Waters that is non-conforming (see
attached parcel map of Waters Ave.). The majority of the
parcels on Waters Ave. are conforming lots of 15,000 Sq.Ft.
and/or 75’ wide lots. The lot at 1015 Waters is subject to the
same setbacks as the larger 15,000 Sq.Ft. parcels on the
same street. The larger lots have the area to
accommodate the 25’ setback as well as any larger lots
that are subject to the new 10’ ditch easement. This smaller
parcel with the 25’ setback and 10’ ditch easement has
less area to build.
2. The Wheeler Ditch Easement and restrictions are unique
circumstances on this parcel that create additional
hardships for building.
3. Steep slopes. The rear portion of the lot has 30-40% slopes
that contribute to a reduced Floor area.
In summary, combining the 25’ front yard setback with the
10’ Easement restrictions along the south property are
Exhibit B- Application
Page 6
unique circumstances only to this parcel and not
applicable to other parcels on Waters in the R-15 District.
This situation creates a hardship that other properties in the
Waters Ave. neighborhood do not have. The steep slopes
on the property reduce the allowable floor area and
combined with the 25’ setback and the ditch easement,
the building size and area are further reduced, creating a
hardship that other properties on Walnut do not have. By
reducing the Front yard setback to 16’ from 25’, by the act
of a Variance, the lot will enjoy the same building rights as
do the other parcels on the street. By the granting of this
variance, the property has a 16’ setback proportional with
the width of the lot, yet still maintaining the deeper
setbacks as is the case in an R-15 Zone, as well as
protecting the ditch easement from close encroachments
of a building. All other side yard setbacks and rear yard
setbacks required in the R-15 Zone District are maintained
with the granting of the Variance.
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
1
26.710.050
Purpose.
(R
1.
2.
3.
4.
5.
6.
26.520.040
7.
.
(R
1.
2.
3.
4.
5.
6.
7.
1.
2.
Exhibit B- Application
700,
2
15,000 3,000.
b.7,500 3,000.
3.
4.
b.
5.
6.
b.
7.
8.
9.
10.
Exhibit B- Application
3
Lot
0—3,000
, up
o
3,000—9,000
9,000—
15,000
15,000—
50,000
*
Exhibit B- Application
700,
4
Exhibit B- Application
Markup Summary
Page: A-100 LOWER LEVEL•50FLOOR PLAN
File Name: A-Architecture.1015Waters.2018-4.pdf The foundation must be 10ft
from the center line of the ditch.
A-Architecture.1015Waters.2018-4.pdf (1)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Show meter location.
C-Civil Engineering.1015Waters.2018.4.pdf (10)
Page: C1
File Name: C-Civil Engineering.1015Waters.2018.4.pdf A maintenance and access
easement must be provided for
the ditch on property. The
easement must be 10ft from
center line of ditch. No structural
infrastructure can be within 10ft
of center line of ditch.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Profile 1 is incorrectly labeled
and should reference Detail F.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Soils report recommends
foundation drains. Please show
on plans.
The foundation must
be 10ft from the
center line of the
ditch.
A
A
Show meter location.
A maintenance and
access easement
must be provided for
the ditch on property.
The easement must
be 10ft from center
line of ditch. No
structural
infrastructure can be
within 10ft of center
line of ditch.
PROFILE - 1
J JProfile 1 is incorrectly
labeled and should
reference Detail F.
Soils report
recommends
foundation drains.
Please show on
plans.
Exhibit B- Application
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf General Notes section not
legible. Please revise.
Page: C2
File Name: C-Civil Engineering.1015Waters.2018.4.pdf How will the southern swale be
conveyed through retaining wall
shown.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Permeable paver detail does not
comply with the URMP spec.
See Figure 8.31 in the URMP for
guidance on appropriate
permeable paver cross section.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
Page: C4
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Is work being proposed on the
ditch?
ally on the plan sheets. The Contractor is
s required to protect the site from erosion
ner's representative and the Engineer may
nstruction begins and/or placed immediately
ed to minimize soil exposure. Sediment
ore site grading or other construction is
ace roughened, mulched, or seeded and
main exposed and inactive for periods longer
J
General Notes section
not legible. Please
revise.
H
L
How will the southern
swale be conveyed
through retaining wall
shown.
Not to ScaleC CLEANOUT D Not to Scale
WATER SERVICE CONNECTION
OUS TYPES OF OUTLETS
WATERTIGHT ADAPTERS
-12
5 SEWER
DULE 40 DWV
UGATED PVC
D PVC
VARIABLE
OVERALL
HEIGHT
VARIES
AIL
G PERMEABLE PAVERS
Not to Scale
2.0% Min.
1/2 H : 1 V Batter
3' Minimum
Undisturbed Earth or
4' Max. Wall Height
Angular Free DrainingGravel (pea to 1")
4" ABS Perforated Pipe to Daylight
1' Minimum
Mirafi 140N or equal ENGINEERING,MOUNTAIN CRDETAILS1015 Waters AvenuePermeable paver
detail does not
comply with the
URMP spec. See
Figure 8.31 in the
URMP for guidance
on appropriate
permeable paver
cross section.
BIO-RETK
Media should be 70% sand and
30% combination topsoil and
organic matter, per the URMP.
LE
M
BIO-RETENTION POND
Not to ScaleK
PERFORATION DEPTH 4'PVC SOLID PIPE THROUGH
EEVE (SEE STRUCTURAL FOR
EEVE DETAILS) SLOPE CONCRETE
DRAIN AT 2% MIN. INTO PIPE.
N
4" PVC SOLID PIPE
AND 90° BEND
4" PVC UNION
TRANSITION FROM
SOLID PIPE TO
PERFORATED
PVC PERFORATED PIPE WITH CAP
GRAVEL SURFACE IS ONLY
CESSARY IF WINDOW WELL IS TO
FILLED WITH GRAVEL
IRRIGATION DITCH
Not to ScaleL
Is work being
proposed on the
ditch?
Exhibit B- Application
Page: C5
File Name: C-Civil Engineering.1015Waters.2018.4.pdf Please re-incorporate these
figures on sheet C5. They are
illegible.
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No utilities are depicted on the
plan. Shallow and deep utilities
need to be depicted in order to
ensure no conflicts exist. Please
depict all utilities on the
stabilization plan, including those
to be abandoned and those
proposed. Indicate how
proposed utilities will be
coordinated with the retaining
wall.
G-Shoring.1015Waters.2018.4.pdf (3)
Page: Grade-2 Temporary Micropile Wall Location
File Name: G-Shoring.1015Waters.2018.4.pdf No structural infrastructure
including micropiles can be
within 10ft of ditch.
Page: Grade-4 Temporary Micropile Wall General Notes
File Name: G-Shoring.1015Waters.2018.4.pdf Add a note stating that
movement readings from the
movement monitoring plan shall
be made available to the City
Engineering Department if
requested. The Engineering
Department shall be notified if
movement is detected outside
acceptable thresholds.
Page: L-1 LAYOUT AND MATERIALS
File Name: L-Landscape Plans.1015Waters.2018.4.pdf Please verify that a tree removal
permit has been submitted to the
Parks Department.
L-Landscape Plans.1015Waters.2018.4.pdf (1)
Please re-incorporate these
figures on sheet C5. They are
illegible.
No utilities are depicted on the plan.
Shallow and deep utilities need to be
depicted in order to ensure no conflicts
exist. Please depict all utilities on the
stabilization plan, including those to be
abandoned and those proposed.
Indicate how proposed utilities will be
coordinated with the retaining wall.0+200+40
0+600+80
Micropile WallTurn Lines 1 and 2
Micropile Wall
Turn Line 3, 4, 5 and 6
2.8'
Ditch shall be dry or piped through
property until the foundation is
completely backfilled
0+30GRADE-5No structural infrastructure
including micropiles can be
within 10ft of ditch.
design life can be extended.
4.6 RJ Engineering is not responsible for maintaining slope stability above and below the micropile wall during construction.
4.7 There appears to be no known utility conflicts with installation of the micropile walls. Utility locations presented shall be field verified prior to micropil
installation.
4.8 RJ Engineering is not responsible for quality control, quality assurance, changed conditions or problems resulting from improper construction techni
4.9 RJ Engineering is not responsible for construction site safety.
4.10 RJ Engineering is not responsible for wall layout. General contractor or representative of the general contractor is responsible for micropile wall la
4.11 Observation of micropile wall installation should be performed by a qualified engineer. Inspection and/or monitoring of the micropile wall after comp
excavation should be performed. The frequency and duration of the observation and monitoring shall be determined by the qualified engineer. Th
qualified engineer shall have experience with design and installation of micropile wall systems using injection bars. Observations shall be made at
a weekly basis during installation and during the service life of the system.
Add a note stating that movement readings from the movement
monitoring plan shall be made available to the City Engineering
Department if requested. The Engineering Department shall be notified if
movement is detected outside acceptable thresholds.
10"10"797079657964796379667967796879697971#1 #2
Existing Trees
(To removed.)
Proposed 30
(T.O.W.
61
62
Please verify that a
tree removal permit
has been submitted to
the Parks Department.
Exhibit B- Application
Page: S1.1 FOUNDATION PLAN
File Name: S-Structural Engineering.1015Waters.2018.4.pdf Foundation can not be within
10ft of the center line of the
ditch.
S-Structural Engineering.1015Waters.2018.4.pdf (1)
Foundation can not
be within 10ft of the
center line of the
ditch.
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit B- Application
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit C- Affidavit of Public Notice
Exhibit D
1015 Waters Avenue Setback Variance
Public Comments Received
1. I would like to take this opportunity to voice our objections to granting a variance to 1015
Waters Avenue to decrease their setback from 25 ft to 16 ft. We have lived on Waters Avenue
for 28 years on the adjacent property to the east of the subject variance. The street has mixed-
use multiple dwelling units, as well as, private homes. Directly across the street from the
property in question is a multi-dwelling apartments with large amount of cars. Parking on the
street is a real concern. Allowing a house to come forward from the normal setbacks several
feet , no less 9ft, would dramatically impact the visual appearance of the streets and effect
parking. Evelyn Heming , before she passed away, had strong objections and complained
vigorously while we did our renovation 8 years ago. We would have liked to have a variance to
accommodate our property and improve the parking situation on our street, however, it was
denied. We urge the board to strongly not allow this variance. A 9-foot variance is almost a 40%
reduction in the setback which is just too much for this neighborhood, as well as impacting the
west view and sunsets from our kitchen.
Exhibit D- Public Comments Received
Kevin Rayes
From: Mark Sinnreich <mark@drsinnreich.com>
Sent: Tuesday,July 31,2018 9:41 AM
To: Kevin Rayes
Subject: 1015 Waters Ave variance August 9th
I would like to take this opportunity to voice our objections to granting a variance to 1015 Waters Avenue to decrease
their setback from 25 ft to 16 ft.We have lived on Waters Avenue for 28 years on the adjacent property to the east of
the subject variance.The street has mixed-use multiple dwelling units,as well as, private homes. Directly across the
street from the property in question is a multi dwelling apartments with large amount of cars. Parking on the street is a
real concern.Allowing a house to come forward from the normal setbacks several feet, no less 9ft,would dramatically
impact the visual appearance of the streets and effect parking. Evelyn Herring, before she passed away, had strong
objections and complained vigorously while we did our renovation 8 years ago.We would have liked to have a variance
to accommodate our property and improve the parking situation on our street, however, it was denied. We urge the
board to strongly not allow this variance. A 9-foot variance is almost a 40%reduction in the setback which is just too
much for this neighborhood, as well as impacting the west view and sunsets from our kitchen.
Thank you for your consideration in this matter.
Mark Sinnreich MD FAAOS
Sent using voice recognition. Please excuse phonetic misspellings
a
1 �
Exhibit D- Public Comments Received
Kevin Rayes
From: Clare Bronowski <cbronowski@glaserweil.com>
Sent: Tuesday,July 31, 2018 11:22 AM
To: Kevin Rayes
Cc: Clare Bronowski
Subject: 1015 Waters Ave.
Dear Mr. Rayes:
I received the notice of Public Hearing for 1015 Waters Ave.for a front yard variance. My husband and I own a property
across the street at 1050 Waters. My main question and concern about the application is the impact on any street
improvements or landscaping along Waters.
What is the long term plan for sidewalks, parkways and street trees on Waters? Is the applicant required to improve the
street with a sidewalk? Does the variance impact the amount of land available for street improvements in the future?
We would like to see uniform sidewalk and street tree improvements on both sides of Waters. Right now the street is a
hodge podge of horizontal and diagonal parking with no uniform treatment of the street or sidewalk area. The area in
front of 1015 has no sidewalk, curb or gutter,and one day we would like to ensure that the City(or property owners)
have sufficient land to add these features. Right now, pedestrians walk in the middle of the street and have no shade
available. In winter,the street becomes almost impassable by foot.
We are not opposed to reducing the front yard from 26 feet to 16 feet, but we would like to see a condition that
requires the property owner to add whatever street improvements are planned along Waters in front of the
property. This seems like a reasonable condition to add to such a large variance. Please note that the new development
at 1060 Waters is the only property in the area that recently added landscaping,sidewalks, curbs and gutters and street
trees in front of the property when they developed with several variances. We assume this was required by the
City. One day it would be nice if all the properties were improved like this so that there would be a continuous sidewalk
on both sides of the street.
Thank you for your attention and any information you can give me about the future street improvements.
Clare Bronowski
10250 Constellation Blvd.,19th Floor,Los Angeles,CA 90067 .
Main:310.553.30001 Direct:310.282.6254 1 Fax:310.785.3554
E-Mail:cbronowskic@glaserweil.com 1www.elaserweil.com
0
1
Exhibit C- Affidavit of Public Notice
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPE FY-
1015 Wa Pnr`e ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Aryc�9 It _-404 n '201%
STATE OF COLORADO ) .
ss.
County of Pitkin )
(name,please print)
being or rep eating an Applicant to th ity of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E)of the Aspen I.and Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. -A copy of the publication is attached hereto.-
'Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height:'Said notice was posted at least fifteen(15)days prior to the public hearing
on the_day of , 20_, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners sball be those on the current tax records of Pitldn County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method ofpublic notification and
a copy of any documentation that was presented to the public is attached hereto. '
(continued on next page)
Exhibit C- Affidavit of Public Notice
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty(30)days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and, new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or tett amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
-eL
�Signatufe
The foregoing"Affidavit of Notice"was acknowledged before me this l`t day
of� 20th,by
No RE.lou YJabn AYaa,s oivualD AE
RE. WITNESS MY HAND AND OFFICIAL SEAL
Pubo XeaNngg:rhasea, B,2D16;/.IDPM
""B Lsca,ba Gly Wl.Cwrcllpwroan
Its.(fa4na 6t, 6081611
Prato uooebn: Avaa,a.uepafy D. My commission expires:
soil ool Lala D s1il E.BlOCA a1,EM Awn A6
dWn b xr Gty a Torlulla a Awe.Amaanp .
M tlN PW rfa P fl M,c v of 2a,1BSp b
Gta,Book 2A a,Paps 252,GAm1y a Palu,,Se,a
acaa.af
T1utl, it eppBo"' EM, F. Notary Public
MWN=il Avaaa Awn,M 61611,T
ease a p-ba 0IF)l fan eb m ft so, M1wa
Tma eNeaA(e*mo.The mWM s ab Wba '
,�ya�,,�,nxbencs.The tpuesl b M1w m pr
®d1 aafemea k1 me eam.aM canal a 0s
e,eq. kv ,b p„tea KAREN REED PATTERSONI
o.aml.aaam.x Tea eafkmfm is b m meso- NOTARY PUBLIC
raa fyur eoua a Aaj6laMa.
LanO Uw Ne+Ywa Da¢ ltrunvn Fa YW SW STATE OF COLORADO
mck Vaflaaa rACHMENTS AS APPLICABLE:
Dwmnrm�p�eoe�eoe,aaAq�nfnaa NOTARY ID#199642767
` AA°,« ,`A.,P:�"�o e'�e,+ p rms1.311 1mu�e .LIGATION My Commission Expk”February 15,202D
Mon xvioa bn: Fa wba,bfAmfeon 1abb6 'THE POSTED NOTICE(SIGN)
mNe aaieau mala xewlve mma G'ry aAr
""s a'2B"p' """ !RS AND GOVERNMENTAL AGE
eesra+wRma. ,NCIES NOTICED
:,Gpa�apal
Paee.a a Tfa Awn rkan fa Aq,u.zo,e
LFICATION OF M 7VERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
Exhibit C- Affidavit of Public Notice
,City of Aspen Corm munity Development Department
Aspen Historic Preservation Land Use Packet
ATTACHMENT6
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY: IOI S U/Q X�s Aye/ ` ,Aspen,CO
SCHEDULED PUBLIC HE, DATE: �/ ,20/Z
STATE OF COLORADO ) JOSHUA CASE
as. NOTARYPUBLIC
STATE OF COLORADO
County of Pitkin ) NOTARY ID 20174050416
NIY COMMISSI EXPIRES DECEMBER 27,2021
I, h% t/y1 name,please print)being or
representing an Applicant to the City of Aspen,Colorado,hereby personally certify that I have
complied with the public notice requirements of Section 26.304.060(E)of the Aspen Land Use
Code in the following manner:
1
Publication of notice. By the publication in the legal notice section of an official paper or a
paper of general circulation in the City of Aspen at least fifteen(15)days prior to the public
hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice,which form was obtained from the Community
Development Department,which was made of suitable,waterproof materials,which was
not less than twenty-two(22)inches wide and twenty-six(26)Inches high,and which was
composed of letters not less than one inch in height. Said notice was posted at least fifteen
(15)days prior to the public hearing and was continuously visible from the h day of
U LJ .20&to and including the date and time of the public hearing. A
photograph of the posted notice(sign)is attached hereto.
Mailing of notice: By the mailing of a notice obtained from the Community
Development Department,which contains the information described in Section
26.304.060(E)(2)of the Aspen Land Use Cade. At least fifteen(15)days prior to
the public hearing,notice was hand delivered or mailed by first class postage
prepaid U.S.mail to all owners of property within three hundred(300)feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty(60)days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
City of Aspen 1130 S.Galena Street.1(970)920 5090 Historic Land Use Application Requirements,Updated:March 2016
Exhibit C- Affidavit of Public Notice
D
CITY OFASPEN
City of Aspen
130 S. Galena Street, Aspen, CO 81611
p: (970) 920.5000
f: (970) 920.5197
w:www.aspenpitkin.com
NOTICE OF PUBLIC HEARING
RE: 1015 Waters Avenue .
Public Hearing: Thursday, August 9, 2018; 4:30 PM
Meeting Location: City Hall, Council Chambers
130 S. Galena St., Aspen, CO 81611
Project location: 1015 Waters Avenue, Legally Described as: Lots D and E,
Block 41, East Aspen Addition to the City and Townsite of
Aspen, According to the Plat Thereof Recorded August 24,
1959 in Ditch Book 2A at Page 252, County of Pitkin,State of
Colorado
Description: The applicant, Evelyn F. Hemming Trust, 311 Midland Avenue
Aspen, CO 81611, requests a 9-foot variance from the
minimum front yard setback (25' to 16') to redevelop this site
with a single-family residence.The request is due to the ditch
easement In the southwest corner of the property, increasing
setback requirements within the area. The variance is a
response to the presence of the ditch easement. The
application is to be considered by the Board of Adjustment.
Land Use Reviews Req: Minimum Front Yard Setback Variance
Decision Making Body: Board of Adjustment
Applicant: Evelyn F. Hemming Trust, 311 Midland Avenue, Aspen, CO
81611
More Information: For further information related to the project, contact Kevin
Rayes at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429.2797,
kevin.raves@cltvofaspen.com.
Exhibit C- Affidavit of Public Notice
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Exhibit C- Affidavit of Public Notice
LORING ROBERT&ISABEL ORR ROBERT L FAMILY PARTNERSHIP LLLP RICHTER VALERIE A TRUST
2912 W VILLA ROSA PK 2700 G RD 1112A 6214 N 34TH ST
TAMPA, FL 33611 GRAND JUNCTION,CO 81506 PARADISE VALLEY,AZ 85253
ELLIOTT JASON C&KATHERINE BROOKS ROTHSCHILD IVETTE SCHNEIDER TRUST SILVER GLO CONDO ASSOC
929 E DURANT AVE 04 122 N BEMISTON AVE 930 WATERS AVE
ASPEN,CO 81611 ST LOUIS,MO 63105 ASPEN,CO 81611
UHLFELDER FAMILY INVESTMENTS RLLP ASPEN TOWNHOUSES BY THE RIVER CONDI MEAD GEORGE
210 AABC 11AA COMMON AREA 550 THIRD ST SO
ASPEN,CO 81611 1050 WATERS AVE WISCONSIN RAPIDS,WI 54404
ASPEN,CO 81611
WATCHMAKER LINDA L REV TRUST NADJAFI MORTEZA&HEIDI GESSNER RICHARD W REV TRUST
4527 BRUCE AVE 736 N MAGNOLIA AVE 1705 11TH ST NE
MINNEAPOLIS,MN 55424 ORLANDO,FL 32003 MASSILLON,OH 44546
KANNER REAL ESTATE LLC COLETTA BRANDY&CAROL HOFFMAN JOAN
712 GREENTREE RD 41 UNION AVE$1200 610 MERRITT DR
PACIFIC PLSDS,CA 90272-3909 MEMPHIS,TN 38103 HENDERSON,KY 42420
RICE MARGARET A SEGUIN JEFF W&MADALYN B 1110 WATERS LLC
13912 FLINT 617 E COOPER AVE#412 300 CRESCENT CT P700
OVERLAND PARK,KS 66221 ASPEN.CO 81611 DALLAS,TX 75201
TAWGIN JOHN S UHLFELDER FAMILY INVESTMENTS RLLP GABRICK NORMAN M
129 SEA GIRT AVE 210 AABC#AA 4910 MALIBU DR
MANASQUAN,NJ 08736 ASPEN,CO 81611 EDINA.MN 55436-2712
JJA FAMILY LLC THOMPSON MARY HOLMES AIBEL JONATHAN E&BONNIE L
2145 FIELDCREST DR 3665 KNOLLWOOD 10 EDGEWATER DR 115A
OWENSBORO,KY 42301 HOUSTON,TX 77019 CORAL GABLES ,FL 33133
914 WATERS CONDO ASSOC AMERENA ROBIN POPE AIDAN RICHARD
PO BOX 7756 250 ST KILDA 11507 SOUTHBANK 220 CENTRE ST#4
ASPEN,CO 81612-7756 MELBOURNE VICTORIA AUSTRALIA 3006, NEW YORK,NY 10013
MCCLAIN NORMA J LNG HOLDING LLC SCHIRMER LESLIE M TRUST
1108 WATERS AVE 11777 SAN VICENTE BLVD 9TH FL 4100 E QUINCY AVE
ASPEN,CO 81611 LOS ANGELES,CA 90049 ENGLEWOOD,CO 80113
Exhibit C- Affidavit of Public Notice
C-L HOLDINGS LLC LEAL FAMILY PARTNERS LTD MEYER WILLIAM J
PO BOX 126 411 E HYMAN AVE 1101 17TH ST NW 111000
WOODY CREEK,CO 81656 ASPEN,CD 81611 WASHINGTON,DC 20036
SIEGEL LOIS H OPRT KELLY ROSEMARIE LIBERMAN KEITH&KATHLEEN FAMILY TRU
6358 MANOR LANE 240 W 102ND ST 1154 9554 HIDDEN VALLEY RD
SOUTH MIAMI,FL 33143 NEW YORK,NY 10025 BEVERLY HILLS,CA 90210
EHRMAN HOPE J ST MARYS OF ASPEN LLC ORR ROBERT L FAMILY PTNSHP LLLP
170 MARION AVE 1532 S.E. 12 STREET PHI 2700 G RD 7I12A
LAKE FOREST, IL 60045 FT LAUDERDALE,FL 33316 GRAND JUNCTION,CO 01506
GRAHAM NELL C PALMERO KEN LEATHERBURY JOAN H TRUST
10 PINE RIDGE RD 11 OLD ORCHARD RD PO BOX 1420
BASALT,CO 81621 CARBONDALE.CO 81623 ASPEN,CO 81612
VANTILBURG JOHANNES&JOANNE MIKA PATRICK D 2021 INVESTMENTS LLC
1738 BERKELEY ST 630 N TEJON ST 1000 E MILWAUKEE ST
SANTA MONICA,CA 90404 COLORADO SPRINGS,CO 80903 JANESVILLE.WI 53545
CRONIN F CARLETON&TOBY ANN TRUST JDG LLC BOUSTEAD DOUGLAS
8748 DORRINGTON AVE 1035 E HOPKINS PO BOX 106
LOS ANGELES,CA 90048 ASPEN,CO 81611 ADIRONDACK,NY 12808
REED HOLLY A WAS LLC MERRILLS DAPHNE
PO BOX 1409 4770 BISCAYNE BLVD If 720 217 SCAIFE RD
ASPEN,CO 816121409 MIAMI,FL 33137 SEWICKLEY,PA 15143
SNOWFLAKE WATERS LLC NOSTOS LLC NUTTER GEORGE E&LYNDSAY
420 E MAIN STE 2 2261 COMPASS PT LN 223 HANNA RD
ASPEN,CO 81611 RESTON,VA 20191 TORONTO ONTARIO
CANADA MAG 3P3,
LITZENBERGER JOHN MCFADDEN GREGORY C ASPENIWATERS RESIDENCES 2 LLC
125 HOWLAND RD PO BOX 9859 3501 CROSS CREEK LN
ASHEVILLE,NC 28804 ASPEN,CO 81612 MALIBU,CA 90265
SINNREICH MARK&MILLINDA PATERSON CHARLES G REV TRUST WISE PEGGY S OPRT
2231 FISHER ISLAND DR 1104 E WATERS AVE 1401 TOWER RD
MIAMI BEACH,FL 33109 ASPEN,CO 81611 WINNETKA,IL 60093
Exhibit C- Affidavit of Public Notice
UTE CREEK CONDO ASSOC DE GUZMAN KATHLEEN RAVENIS JOSEPH V II&M ELIZABETH TRUS-
1116 WATERS AVE 220 CENTRE ST Ifo 6041 RIDGEMOOR DR
ASPEN,CO 81611 NEW YORK.NY 10013 SAN DIEGO,CA 92120
BECKER BARRY W IRREV TRUST AJCBMC LLC CAMPBELL FAMILY TRUST
2404 RANCHO BELLAIRE CT 617 W MAIN ST 0B 1225 S HIGH ST
LAS VEGAS,NV 89107 ASPEN,CO 81611 DENVER,CO 80210
OBRIEN M ANN REV TRUST BECNEL DANIEL E JR&MARY HOTARD NARK WILSON JANIS A
PO BOX 1592 425 W AIRLINE HWY#B 1039 E COOPER 45
ASPEN,CO 81612 LAPLACE,LA 70068 ASPEN,CO 816114117
BAYLDON BARBARA W REV TRUST BELL MEREDITH W REVOCABLE TRUST OBRIEN MARY JANE
647 W BARRY AVE 147 17TH ST NE BOX 2306
CHICAGO,IL 60657-0504 ATLANTA,GA 30309 SAG HARBOR,NY 11963
FRY LLOYD EDWARD UHLFELDER FAMILY INVESTMENTS RLLP SILVERGLO 304 LLC
1335 STRATFORD DR 210 AABC 8AA 0133 PROSPECTOR RD 1141148
PIOUA,OH 45356 ASPEN,CO 81611 ASPEN,CO 81611
247 ENTERPRISE LLC PYRFEKT PROPERTIES LLP COHN JOHN R&BARBARA 0
49 BELLEVUE PL 1424 CEDAR BAY LN 3533 GREENBRIER DR
SEA BRIGHT,NJ 07760 SARASOTA,FL 34231 DALLAS,TX 75225
AGUA FRIA PROPERTIES LLC OUARKY LLC ARNETT DAVID&BETTE
460 ST MICHAELS DR BLDG 300 8200 DOUGLAS AVE 1!300 5333 N CAMINO REAL
SANTA FE,NM 87505 DALLAS,TX 75225 TUCSON,AZ 85718
DERBY INVESTMENT INC SANDERS RICHARD&JOANNE MCCORMICK ROGER F FAMILY TRUST
1608 E LEWIS 8 PARKWAY DR PO BOX 21532
WICHITA,KS 67211 ENGLEWOOD,CO 80110 OWENSBORO,KY 42304
A F INC SUMMERS SHELLEY M MCGAFFEY FAMILY&CO NO C LLC
1608 E LEWIS 1701 RAVEY ST 2465 NOB HILL AVE NORTH
WICHITA,KS 67211 AUSTIN,TX 78704 SEATTLE,WA 98109
KONIN FAMILY TRUST 610 S W END RENTALS E201 LLC HILDEBRAND JEFFERY D
1936 LOMA DR 608 HENNING CT PO BOX 1308
HERMOSA BEACH,CA 90254 NAPERVILLE,IL 60540 HOUSTON,TX 77251-1308
Exhibit C- Affidavit of Public Notice
UHLFELDER FAMILY INVESTMENTS RLLP GOODSIR SUSAN A WERNST INC
210 AABC 11AA 1000 CAMPBELL CT 5141 GLENWOOD POINTE LN NE
ASPEN,CO 81611 LAKE BLUFF,IL 600441300 ALBUQUERQUE,NM 87111
REDWOOD CONDO ASSOC SHER JOYCE UHLFELDER FAMILY INVESTMENTS RLLP
550 RIVERSIDE AVE 7936 L'AQUILA WAY 210 AABC PAA
ASPEN,CO 81611 DELRAY BEACH.FL 33446 ASPEN,CO 81611
GERBER•MCMANUS SUE SANDITEN EDWARD STANLEY STOFFEL PATRICIA GAYLE QPRT
1111 CRYSTAL LN PO BOX 11566 5949 SHERRY LN#1465
EL CAJON,CA 92020 ASPEN,CO 81612 DALLAS,TX 75225
BARBERA IVANA OGURI JOINT LIVING TRUST CHATEAU ROARING FORK LLC
345 FRAZIER AVE#206 1570 ROSE VILLA ST 8000 WALTON PKWY#100
CHATTANOOGA,TN 37405 PASADENA,CA 91106 NEW ALBANY,OH 43054
SCHWARZ REV TRUST JACK LP KLETTENBERG JULIEN 8 ANNA LISA KART
860 ARDEN RD 10 WESTGATE WALK,KITCHENER 7-95 DARLING POINT RD
PASADENA,CA 91106 ONTARIO CANADA N2102T0, DARLING POINT NSW 2027 AUSTRALIA
TYE MARK M TRUST WETWISKA JAMES R FVA REAL ESTATE INVESTMENTS LLC
PO BOX 8992 1801 SHARP PL 3312 NE 40TH ST
ASPEN.CO 81612 HOUSTON,TX 77019 FORT LAUDERDALE,FL 33308
SCHRIER DEREK C B CAMERON CECILY H 21 ROTHSCHILD ANDREW TRUST BARDING DOROTHY L TRUST
230 SEA CLIFF AVE 122 N BEMISTON AVE 711 SE 3RD ST
SAN FRANCISCO,CA 94121 ST LOUIS,MO 63105 DELRAY BEACH,FL 33483
SEWELL BEVERLY J TRUST GRASSL JOHN&JOSEFA FRYKLUND ROBERT
884 QUAIL RUN DR 10 W MOUNT PARK RD 2917 DUKE ST
GRAND JUNCTION,CO 81505 TORONTO ONTARIO HOUSTON,TX 77005
CANADA M91`1 R5.
LEE MARIANNE S LTD PARTNERSHIP SNOWFLAKE WATERS LLC WHITAKER PATRICIA D TRUST
2836 PATRIOT PARK PLACE 420 E MAIN STE 2 236 LINDEN AV
HENDERSON,NV 89052 ASPEN,CO 81611 ST LOUIS,MO 63105
HOWELL JOHN D JR&SARA TAGLER MELINDA CHMELIR FRANK J&SANDRA L
609 SOMERSET LN 1121 WALZ AVE 201 39TH ST
JONESBORO.AR 72401 GLENWOOD SPRINGS,CO 81601 DOWNERS GROVE,IL 60515
Exhibit C- Affidavit of Public Notice
SIMON JEROME M RAMSEY STACIE A ZIDELL JAMES D LIVING TRUST
610 S WEST END ST 11C204 39 CANTERBURY RD 1015 MORAGA DR
ASPEN,CO 81611 MADISON,NJ 07940 LOS ANGELES,CA 90049
CRF TOWNHOUSE LLC LEFKOWITZ BARRY&NORDIN YLVA MONIQI LEE JEFFREY S&CLARE BRONOWSKI FAMI
PO BOX 4450 3015 KALAKAUA AVE 11701 3701 ESPLANDE
ASPEN,CO 81612 HONOLULU,HI 96815 MARINA DEL REY,CA 90292
KNOWLES JAMES W SEWELL RALPH B TRUST WEINBERG JACK A&SHEILA A
3936 S MAGNOLIA WY 884 QUAIL RUN DR 111 RAVINE GLADE
DENVER,CO 80237 GRAND JUNCTION,CO 81505 GLENCOE,IL 60022
BARNHART WILLIAM&CAROL HARVEY BRIAN L GANT G304 LLC
4344 4TH AVE S PO BOX 240011 3340 PLAYERS CLUB PKWY 11 160
MINNEAPOLIS,MN 55409 LOS ANGELES,CA 90024 MEMPHIS,TN 38125
MAX ROSENSTOCK&CO H2O LAND TRUST FOSSIER MIKE W REV TRUST
7839 E SORREL WOOD CT 8502 MARBLEHEAD RD 9 OCEAN VISTA
SCOTTSDALE,AZ 85258 LUTHERVILLE TIMONIUM.MD 21093 NEWPORT BEACH,CA 92660
MOEN DONNE&ELIZABETH FAM TRUST SECOND LIFE LLC BEEM CORPORATION
8 CABALLEROS RD PO BOX 5961 1201 CURRIE AVE
ROLLING HILLS,CA 90274 SCOTTSDALE,AZ 85251 MINNEAPOLIS,MN 55403
SCHARLIN HOWARD&GLORIA HEATZIG BONNIE&ERIC BITTEL HANNAH FAMILY TRUST
10 EDGEWATER DR P4A 5304 BOCA MARINA CIR 801 ART GODFREY RD#600
CORAL GABLES,FL 33133 BOCA RATON,FL 33487 MIAMI BEACH,FL 33140
METZGER JOEL R&LAUREL E ASPEN DAY FAMILY PTNRSHP LLLP SANDEAN LLC
936 WESTOVER AVE 2475 BROADWAY f13O5 333 TEXAS ST 112290
NORFOLK,VA 23507 BOULDER,CO 80304 SHREVEPORT.LA 71101
WAGNER GANT PROPERTIES LLC RANGER LIVING TRUST GROUP 102 LLC
3480 MIDDLEBELT RD 445 WHITESTONE FARM DR 6400 RIVERSIDE DR BLDG B
WEST BLOOMFIELD.MI 48323 ST LOUIS,MO 63017 DUBLIN,OH 43017
SEIFERT BROTHERS COLORADO TRUST RESNICK MIKE TRUST AGREEMENT UHLFELDER FAMILY INVESTMENTS RLLP
4459 SNAIL LAKE BLVD 4310 L HONOAPILANI RD P110 210 AABC PAA
SHOREVIEW.MN 55126 LAHAINA,HI 96761 ASPEN,CO 81611
Exhibit C- Affidavit of Public Notice
CHATEAU ROARING FORK CONDO ASSOC FISHER JAMES B KWEI THOMAS&AMY
1039 E COOPER AVE 2709 ST ANDREWS CT 75 CAMBRIDGE PKWY PH8
ASPEN,CO 81611 JAMESTOWN,NC 27282 CAMBRIDGE,MA 02142
HILDEBRAND MELINDA B NORMAN JEFFREY L&ANNA M TWFJ INC
PO BOX 1308 9 GREAT ELM CT PO BOX 329
HOUSTON,TX 77251 POTOMAC,MD 200541228 ASPEN,CO 81612
914BIZ LLC FIELDS ANDREW G JRB RE HOLDINGS LLC
PO BOX 7911 17.5 ENGLISH TURN DR 4114 POND HILL It 203
ASPEN,CO 81612 NEW ORLEANS,LA 70131 SAN ANTONIO,TX 78231
530 WILLIAM STREET LLC WEST ROGER G&DONNA A BAILEY WAYNE P&HARRIET E
201 N FRANKLIN ST 112000 6650 BURDEN LN 6644 CHEROKEE CT
TAMPA,FL 33602 BATON ROUGE,LA 70808 LONGMONT,CO 80503
BERENS MARILYN REV TRUST A SUNSHINE LLC LIEBMANN FAMILY REVOCABLE TRUST
4925 COLLINS AVE 46A 730 E DURANT AVE 11 200 1495 GATEWAY RD
MIAMI BEACH.FL 33140 ASPEN,CO 81611 SNOWMASS,CO 81654
LEVINSON BONNIE REV TRUST UTE WATERS LLC MAXON PATRICIA A
2127 BROADWAY I11 PO BOX 11623 PO BOX 4059
SAN FRANCISCO,CA 94115 ASPEN,CO 816129508 TELLURIDE.CO 81435
LHG HOLDING LLC WEKSTEIN TRUST N&D CRAIR FAM TRUST 71912013
11777 SAN VICENTE BLVD 9TH FL 100 BELVIDERE ST 49A 5931 KANAN DOME RD
LOS ANGELES,CA 90049 BOSTON,MA 02199 MALIBU,CA 90265
GRANTHAM CHARLES EDWARD GIEFER PATRICK WARREN MATTHEW L
5849 LEASE LN 950 S JOSEPHINE ST 2022 BASELINE DR
RALEIGH,NC 27617 DENVER,CO 80209 GRAND JUNCTION,CO 81507
81611 PROPERTIES LLC UHLFELDER FAMILY INVESTMENTS RLLP YAJKO R DOUGLAS
637 E HYMAN AVE 210 AABC HAA 1121 WALZ AVE
ASPEN,CO 81611 ASPEN,CO 81611 GLENWOOD SPRINGS,CO 81601
ACR CAPITAL LLC RONCHETTO LYNN A KUESSNER AMY
N57 W30614 STEVENS RD 320 E 42ND ST#101 175 S FOREST ST
HARTLAND,WI 53029 NEW YORK,NY 10017 DENVER,CO 80246
Exhibit C- Affidavit of Public Notice
BARASH JAMES ROBERT&BETTEANNE THREE BEES LLC DEPALMA JOHN R
50 W CHEYENNE MTN BLVD 103 HARBOUR LN 710 W WILSON AVE
COLORADO SPRINGS.CO 80906 BAY SHORE,NY 11706 GLENDALE,CA 91206
CHERRY ORCHARD LLC CHATEAU ROARING FORK CONDO ASSOC ALLAN FAMILY TRUST
PO BOX 2206 1039 E COOPER AVE 1731 COLGATE CIR
ASPEN,CO 81612 ASPEN,CO 01611 LA JOLLA,CA 92037
BITTEL ARI FAMILY TRUST GRANT JODI 1414 35TH ST LLC
801 ART GODFREY RD#600 4525 JAMESTOWN RD 946 COUNTRY CLUB LN
MIAMI BEACH,FL 33140 BETHESDA.MD 20816 SONOMA,CA 95476
550 REDWOOD LLC KAUFMAN MICHAEL A&SHERRYL W SIMON DONNA L REV TRUST
570 S RIVERSIDE AVE 7 FERNWOOD CT 1294 ROCKRIMMON RD
ASPEN,CO 81611 E BRUNSWICK,NJ 08816 STAMFORD,CT 06903
FIDELITAS HOLDING CO LTD LGL SILVERGLO LLC AUGUSTUS PROPERTIES LLC
30 CARTIER ST 6522 ORCHID LN 2714 ARBUCKLE ST
OTTAWA ONTARIO CANADA K2P2E7, DALLAS,TX 75230 HOUSTON,TX 77005
WINNERMAN LORRAINE B REV TRUST RAPPAPORT FAMILY PARTNERS FAVROT CAFFREY
570 S RIVERSIDE AVE 1004 NOB HILL AVE N 124 CHARLESTON PK
ASPEN,CO 81611 SEATTLE,WA 98109 METAIRIE,LA 70005
SINAI ALLEN YACKER DAN GEARY FAMILY LLC
16 HOLMES RD 1272 SANTA LUISA DR 5700 CTY RD 129
LEXINGTON,MA 02173 SOLANA BEACH,CA 92075 WESTCLIFFE,CO 81252
DURANT MEWS CONDO ASSOC RESNICK SUZANN L SULLIVAN EDWARD M
923 E DURANT AVE PO BOX 4485 PO BOX 1324
ASPEN,CO 87611 ASPEN,CO 81612 ASPEN,CO 81612-1324
BESHARAT GERALDINE MORRIS TRUST GILBERTS DIXON JR
9 WOODLAND RD 906 FRANKLIN PO BOX 3948
ELBERTON.GA 30635 RIVER FOREST,IL 60305 ASPEN,CO 81612
GREENE IVA P FAMILY TRUST SANDELL LINDA JO DIAMOND NATHAN&LAUREN S
10380 WILSHIRE BLVD STE 1603 4624 PERSHING PL 5465 BANYAN TRAIL
LOS ANGELES,CA 90024 SAINT LOUIS,MO 63108 MIAMI,FL 33156
Exhibit C- Affidavit of Public Notice
6&J LLC PANTER FAMILY TRUST WOODWARD TERRY TRUST
1249 W 58TH 49 HEARTSTONE DR 3662 BRIDGEPOINTE
KANSAS CITY,MO 64113 SANTA FE,NM 07506 OWENSBORO.KY 42303
STOFFEL PAUL T QPRT BOOMERANG LTD INC RENE BJARTE&MELISSA
5949 SHERRY LN 01465 1104 E WATERS AVE PO BOX 2442
DALLAS,TX 75225 ASPEN,CO 81611 RANCHO SANTA FE,CA 92067
COMPTON HEATHER G ROSS DWAYNE A&DUREE M FAMILY REV T MICHIEF IN THE MOUNTAINS LLC
PO BOX 3948 10740 PEGASUS ST 11211 INWOOD RD
ASPEN,CO 816123948 FORT LAUDERDALE,FL 33324 DALLAS,TX 75229
323 BOULEVARD ASSOCIATES MERRILLS DAPHNE TRUST GREGORY•CONZELMAN GWEN TRUST
5860 SOLWAY ST 217 SCAIFE RD 410 LEXINGTON
PITTSBURGH,PA 15217 SEWICKLEY,PA 15143 LAKE FOREST,IL 60045
DAVIS TERRY CONNALLY CHUMLEY ANNALIESE TRUST MULLENS JOAN F
1046 ONTARIO PO BOX 11630 2003 PINE GROVE AVE
SHREVEPORT,LA 71106 ASPEN,CO 81612 COLORADO SPRINGS,CO 80906
MCCOY TRUST KEENAN DANIEL M TRUST CHATEAU ROARING FORK CONDO ASSOC
623 E 2100 SOUTH 1716 SEVERN FOREST DR 1039 E COOPER AVE
SALT LAKE CITY,UT 84106 ANNAPOLIS,MD 21401 ASPEN,CO 81611
GLICKMAN HAN SARAH BRENER DANIEL M&SHARON G OKANE MARGARET TRUST
940 WATERS AVE 11106 5202 POCAHONTAS 1105 WOODSIDE PKWY
ASPEN,CO 81611 BELLAIR,TX 77401 SILVER SPRING,MD 20910
KONIN FAMILY TRUST GANT CONDO ASSOC KOSOSKI TRENT
1936 LOMA DR 610 S WEST END ST 4413 ELI ST
HERMOSA BEACH.CA 90254 ASPEN,CO 81611 HOUSTON.TX 77007
WATERS 907 INC SUPERMAN LLC BARTOK PETER&COLLEEN
PO BOX 10671 3126 S ROCKFORD DR 321 WEST BURNAM RD
ASPEN,CO 81612 TULSA,OK 74105 COLUMBIA,MD 65203
KANTOR MITCHELL A TRUST CHATEAU ROARING FORK CONDO ASSOC RYAN ASPEN LLC
5595 SHADOW LN 1039 E COOPER AVE 1000 E MILWAUKEE ST
BLOOMFIELD HILLS,MI 43301 ASPEN,CO 81611 JANESVILLE,WI 53545
Exhibit C- Affidavit of Public Notice
SNYDER JAMES DANIEL 8 LINDA RAE TENG NANCY H TRUST 3 PEAKS LLC
1225 BRAEBURN 1050 S ENCHID AVE#51()8 260 SALEM CHURCH RD
FLOSSMORE,IL 60422 ELMHURST,IL 60126 SUNFISH LAKE,MN 55118
STEPHENSON JOANN I SIMPKINS 8 DOUGLAS 8 JOHNETTE TETLO% RICHARDS SHIRLEY
1014 BLAKE AVE 2921 AVALON PL 4073 MURIETTA AVE
GLENWOOD SPRINGS,CO 81601 HOUSTON,TX 77019 SHERMAN OAKS,CA 91423
BARBERA LAURA GANT 203 LLC CUMMINS RICHARD
345 FRAZIER AVE 9206 311 TOWN CENTER 617 W MAIN ST 118
CHATTANOOGA,TN 37405 BELLA VISTA,AR 72714 ASPEN,CO 876111619
GRAHAM MAUREEN 8 THEODORE L TATEM SUE BINKLEY WEDOW JAMIE
477 E JOHNSTOWN RD PO BOX 12373 500 WESTOVER DR 112380
COLUMBUS,OH 43230 ASPEN,CO 81612 SANFORD.NC 27330
ASPEN VIEW LTD BURKE ASPEN LLC KINNEY JANICE
100 S MAIN AVE#300 W308N6183 SHORE ACRES RD 914 WATERS AVE 917
SIDNEY,OH 45365 HARTLAND,WI 53029 ASPEN,CO 81611
IZEN INVESTMENT TRUST FISHER ELIZABETH B BACKUS DIANA
PO BOX 67512 23120 UMSTEAD 2843 SABLEWOOD CT
CHESTNUT HILL,MA 02467 CHAPEL HILL,NC 275178502 DELRAY BEACH,FL 33445
MEHL HARRIET HAM PROPERTIES LLC HIRSCH MARY H TRUST
350 W 57TH ST#17A 300 HECTOR AVE 610 S WEST END ST tID203
NEW YORK CITY,NY 10019 METAIRIE,LA 70005 ASPEN,CO 81611
MCJUNKIN LIVING TRUST PROSTIC MARJORIE SUE TRUST ASPEN KARIN LLC
12693 STONY CREEK CT 2225 STRATFORD RD 15 WILLIAM ST#0-0
TRUCKEE,CA 96161 SHAWNEE MISSION,KS 66208 NEW YORK,NY 10005
WEINSTEIN DAVID M 8 SHAWNA R CALVETTI ANDREW PINE A PHILIP
24 ELM AVE 914 WATERS AVE 018 50 S COMPASS DR
COLORADO SPRINGS,CO 809063126 ASPEN,CO 81611 FORT LAUDERDALE,FL 33308
KANTOR MITCHELL A TRUST GANT K302 LLC BERZ FAMILY TRUST
5595 SHADOW LN 58 MISSION 10100 EMPYREAN WY 9103
BLOOMFIELD HILLS,MI 48301 WICHITA,KS 67207 LOS ANGELES,CA 90067
Exhibit C- Affidavit of Public Notice
TETSUYAMA LLC KANTOR NANCY L TRUST KLEIMAN SUZANNE E TRUST
147 EXPLORER DR 5595 SHADOW LN 446 MILLS DR
OSPREY,FL 34229 BLOOMFIELD HILLS,MI 48302 BENNECIA,CA 94510
SHIRK JAMES&LINDA TRUST COULON FIELDS SHELLY SILVERMAN MARK J&NANCY C
610 S W END ST 175 ENGLISH TURN DR 7404 BROOKVILLE RD
ASPEN,CO 81611 NEW ORLEANS,LA 70131 CHEVY CHASE,MD 20815
POWDER HOLDINGS LLC SMULIN MARIANNE REV TRUST ASPEN RESIDENCE LLC
415 E NORTH WATER 713006 15 CANDLELIGHT CT 3429 UNIVERSITY BLVD
CHICAGO,IL 60611 POTOMAC,MD 20854 DALLAS,TX 75205
1118 WATERS AVE LLC HADDON HAROLD&BEVERLY CARDALL FAMILY TRUST
PO BOX 10671 141 S JASMINE ST 2404 LORING ST 1129
ASPEN,CO 81611 DENVER,CO 80224 SAN DIEGO,CA 92109
KAY REV TRUST BACKUS DIANA PROPERTY INVESTORS#1 LLC
2127 BROADWAY Ill 2843 SABLEWOOD CT 8407 BROOKEWOOD CT
SAN FRANCISCO,CA 94115 DELRAY BEACH, FL 33445 MC LEAN,VA 22120
ELIAS BARBARA A STEEPLECHASE PARTNERS GEORGIA LLC GANT 103 LLC
0451 STAGECOACH LN 3060 PEACHTREE RD#400 311 TOWN CENTER
CARBONDALE,CO 81623 ATLANTA,GA 30305 BELLA VISTA,AR 72714
SYLVESTER JAMES W WEHSENER FAMILY TRUST BITTEL DANIEL FAMILY TRUST
758 FREEDOM PLAINS RD 4014 MT TERMINUS DR 801 ART GODFREY RD#600
POUGHKEEPSIE,NY 12603 SAN DIEGO,CA 92111 MIAMI BEACH,FL 33140
MARTIN TERRY AVID LEISURIST LLC WILKERSON WILLIAM REV TRUST
724 GAYLORD ST 56 S 3RD ST 11402 321 SUNSET DR 113
DENVER,CO 802063719 BROOKLYN,NY 11249 FT LAUDERDALE,FL 33301
SABBATICAL LLC UHLFELDER FAMILY INVESTMENTS RLLP BLOCK JOEL A REV TRUST
985 MEMORIAL DR 11201 210 MBC GAA 647 W BARRY AVE
CAMBRIDGE,MA 02138 ASPEN,CO 81611 CHICAGO,IL 60657-0504
FREIS JON HAMILTON VIRGINIA R SCHARLIN GLORIA G
136 EL CAMINO DR#412 24 ARDMORE DR 10 EDGEWATER DR 114A
BEVERLY HILLS,CA 902122705 ASPEN.CO 81611 CORAL GABLES,FL 33133-6962
Exhibit C- Affidavit of Public Notice
UHLFELDER FAMILY INVESTMENTS RLLP HORNBROOK ANGELA J ZACHARY MARC
210 AABC HAA PO BOX 2074 PO BOX 410
ASPEN,CO 01611 CRESTED BUTTE,CO 81224 ASPEN,CO 81612
AGER REALTY LLC KOBACKER JEFFREY M STEWART SAMUEL B JACQUELINE
555 GOLDEN BEACH DR 10194 E MOUNTAIN SPRING RD 124 CHARLESTON PK
GOLDEN BEACH,FL 33160 SCOTTSDALE,AZ 85255 METAIRIE,LA 70005
ROSENBAUM THOMAS F TRUST JOSEPH RUSSELL C 8 ELISE E STEEPLECHASE PARTNERS GEORGIA LLC
415 5 HILL AVE 3682 WILLOWICK RD 3060 PEACHTREE RD#400
PASADENA,CA 91106 HOUSTON,TX 77019 ATLANTA,GA 30305
MCCORMICK MARY E HOCKER DAVID E 679534 ONTARIO LTD
PO BOX 21532 620 PARK PLAZA DR 2 CHEDINGTON PLACE 1A
OWENSBORO,KY 42304 OWENSBORO,KY 423015483 TORONTO ONTARIO CANADA M4N 3135,
RISCOR INC RIVER GLEN CONDO ASSOC MILANO MARY 8 MICHELANGELO
3838 OAK LAWN AVE 111000 COMMON AREA 315 RICHMOND RD
DALLAS,TX 75219 E DURANT AVE KENILWORTH, IL 60043
ASPEN,CO 81611
UHLFELDER FAMILY INVESTMENTS RLLP 774302 ONTARIO LTD SHAPIRO GANT LLC
210 AABC#AA 2 CHEDINGTON PLACE 1A 5704 DEVILLE DR
ASPEN,CO 81611 TORONTO ONTARIO CANADA M4N 3R5, MINNEAPOLIS,MN 55436
FABER KATHERINE T TRUST ASPEN WATERS RESIDENCES OWNERS AS! P&G LEVIN FAMILY GENERAL PARTNERSHII
415 S HILL AVE 3501 CROSS CREEK LN 9716 E PRESERVE WY
PASADENA,CA 91106 MALIBU,CA 90265 SCOTTSDALE,AZ 85262
CHATEAU SNOW CONDO ASSOC KANTOR NANCY L TRUST 1035 DURANT-4 LLC
926 WATERS AVE 5595 SHADOW LN 101069TH ST
ASPEN,CO 81611 BLOOMFIELD HILLS,MI 48302 BOULDER,CO 80303
RICHELME CLAIRE SUMMERS SHELLEY M HILCORP REALTY LLC
940 E WATERS AVE#204 1701 RAVEY ST PO BOX 1308
ASPEN,CO 81611 AUSTIN,TX 78704 HOUSTON,TX 77251-1308
LEVY EDWARD C JR TRUST ORR ROBERT L FAMILY PARTNERSHIP LLLP BITTEL STEPHEN H
970 SHIRLEY RD 2700 G RD#12A 801 ART GODFREY RD#600
BIRMINGHAM,MI 480093730 GRAND JUNCTION,CO 81506 MIAMI BEACH,FL 33140
Exhibit C- Affidavit of Public Notice
LITZENBERGER DREW&VIRGINIA JANNA INC PULLEN CLAUDIA
125 HOWLAND RD 500 PATTERSON RD 345 FRAZIER AVE#206
ASHEVILLE,NC 28804 GRAND JUNCTION,CO 01506 CHATTANOOGA,TN 37405
CANUTO INC GRIER HOLINGS LLC LHG HOLDING LLC
PO BOX 650 650 RIVIERA DR 11777 SAN VICENTE BLVD 9TH FL
BASALT,CO 81621 TAMPA,FL 33606 LOS ANGELES,CA 90049
PARKER WILLIAM A JR GANT EXCHANGE LLC RIVERSIP LLC
PO BOX 4655 MC252 5704 DEVILLE DR 2405 LINCOLN ST
ATLANTA,GA 30302 MINNEAPOLIS,MN 55436 EVANSTON.IL 60201
WHITEHURST JOHN S&BILLIE HYMAN GARY 909 WATERS LLC
6504 MONTROSE AVE 3 BEECHWORTH CLOSE 555 13TH ST
BALTIMORE,MD 212121023 LONDON UK NW37UT, WASHINGTON,DC 20004
MARKUS NEIL&JOLIE STURM MELANIE L COATES TOM&LINDA FAM TRUST
8603 IRVINGTON AVE PO BOX 410 655 MONTGOMERY ST#1700
BETHESDA,MD 20817 ASPEN,CO 81612 SAN FRANCISCO,CA 94111
PONDROM CYRENA N&LEE G
210 PRINCETON AVE
MADISON,WI 53705
Exhibit C- Affidavit of Public Notice
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