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Home My WebLink Aboutcoa.lu.ex.1116 Waters Ave.0028.2007r> ~ , ^ Ede Edt record Naxtlgate Fprm Repor¢ Format Tab HNp L °tJ J ~ 4 ~ ~ ® `J I ___ __ _ ___.~_ PamalS j~Rouling Sl~us Fee Sununny Roulmg ~{istory Adxlmmerdsl Main Custom Fjelde Fea§ Qcdons ~ ~ ) . _._ ____, Pemxl Type aslu ~ Aspen Land Use permit # 0028.2007.ASLU , gti I g ~, A.d~ats. lllfi iNATH.`5 AVE ~ Apt/SuAe 2 f C~ ASPEN Slate CD Zqi 81611 ~.; Pemdlnfarmadon :::. ~~ I i Maslen PamuT~=1 Routig Dueue aslu07 Appkd 05!10!2007 J ~ ~ Propct ~ status pendig Approved ~J i. - _ Desapliwi CERTIFICATE OF EXEMPTION lasuad ~ _-!~ ~i Frul r-~ j'{ ( Su6nwtled GREGORY GORDON 925.7936 Cbrk Running Days1 Expies 05/D 4j7D08 J ~ ~ i ___.._. _... _... _ ... _.__. _DNner... _... _... _.. __ __.. _.. ~ Last Name KOCR GAIL COtTINGMAM ~ Fust Name ~~ 124 N SPRING ST ~ ASPEN CO 81611 i phone ~_ ~' Oymer IsAppdcmt? Appicant -. ~ La#N&ne KOCH GAL. COTTINGRAM ~ Fast Namer 124 NSPRING ST i~ ^ ASPEN CD A1611 Phana ~- Cusl # 27694 J i L Name~-~ FustNane~- i ~ t I} Phone ~- I ~ ;~ Enter the maala.DmmA rnmher _-.-.. _... _. AsperdiddbJ _..- ~. __Recad:3o(3 _. I III III II III II I IIII I I (VIII I it I II III a 9 ~ z6 ~ ea : eai JRNICE K VOS CRUDILL PITKIN COUNTY CO R 6.00 D 0.00 CERTIFICATE OF EXEMPTION FROM THE CITY OF ASPEN'S RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM FOR UNIT #2, 1116 WATERS AVENUE WHEREAS, on April 10, 2007, Ute Waters, LLC, a Colorado limited liability company whose mailing address is 1116 Waters Avenue, Unit #1, Aspen, Colorado 81611, tel.: (970) 925-3725, and who is the owner of that certain real property legally described as: An undivided 25% interest in Lot 7, CALDERWOOD SUBDIVISION, together with the exclusive right to use Apartment #2, as defined and described in Declazation of Restrictions recorded December 8, 1972 in Book 269 at Page 617; also known by the street address: 1116 Waters Avenue, Unit 2, Aspen, Colorado 81611 (hereinafter referred to as "Unit #2"), submitted a statement and supporting affidavits to the Community Development Department, certifying that Unit #2 is exempt from the City of Aspen's Resident Multi- Family Replacement Program, provided for in Chapter 26.530 of the City of Aspen Land Use Regulations, and requesting that a Certificate of Exemption issue pursuant to section 26.530.030 B.; and WHEREAS, the Community Development Department has reviewed the statement submitted, and the affidavits submitted in support thereof; and WHEREAS, the Community Development Director is satisfied that Unit #2 is exempt from the provisions of Chapter 26.530. THEREFORE, the Community Development Department, pursuant to section 26.530.030 of the Land Use Regulations, hereby issues a Certificate of Exemption for the dwelling unit described above from the City of Aspen's Resident Multi-Family Replacement Program. DONE THIS U} DAY OF ~, 2007. CITY OF ASPEN, COMMUNITY DEVELOPMENT DEPARTMENT: By: Name:~~ / C.Q7~-- Title: ~JV~/C.G ILSsAitr' Molnec Certificate of Hxemptionl~]C 4 r `r.~! +,.,,, CERTIFICATE OF EXEMPTION FROM THE CITY OF ASPEN'S RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM FOR UNIT #2,1116 WATERS AVENUE WHEREAS, on April 10, 2007, Ute Waters, LLC, a Colorado limited liability company whose mailing address is 1116 Waters Avenue, Unit #1, Aspen, Colorado 81611, tel.: (970) 925-3725, and who is the owner of that certain real property legally described as: An undivided 25% interest in Lot 7, CALDERWOOD SUBDIVISION, together with the exclusive right to use Apartment #2, as defined and described in Declaration of Restrictions recorded December 8, 1972 in Book 269 at Page 617; also known by the street address: 1116 Waters Avenue, Unit 2, Aspen, Colorado 81611 (hereinafter referred to as "Unit #2"), submitted a statement and supporting affidavits to the Community Development Department, certifying that Unit #2 is exempt from the City of Aspen's Resident Multi- Family Replacement Program, provided for in Chapter 26.530 of the City of Aspen Land Use Regulations, and requesting that a Certificate of Exemption issue pursuant to section 26.530.030 B.; and WHEREAS, the Community Development Department has reviewed the statement submitted, and the affidavits submitted in support thereof; and WHEREAS, the Community Development Director is satisfied that Unit #2 is exempt from the provisions of Chapter 26.530. THEREFORE, the Community Development Department, pursuant to section 26.530.030 of the Land Use Regulations, hereby issues a Certificate of Exemption for the dwelling unit described above from the City of Aspen's Resident Multi-Family Replacement Program. ti DONE THIS ~ DAY OF ~, 2007 CITY OF ASPEN, COMMUNITY DEVELOPMENT DEPARTMENT: By: ~ Name: W vGe7(r- Title: oyC,~ ~~ttr Molner Certificate of Exemp[iortDOC C ASPEN ° FICE A T C "°N °FF'~E Y 601 Bas[ H man Avenue . . RFIELD & HECH , P G q Avon Town S uare, Uni[ 104 Aspen, Colorado 81611 0070 Benchmark Road Telephone (970) 925-1935 ATTORNEYS AT LAW Post Office Box 5450 Facsimile (970) 9253008 Avon, Colorado 81620 GLENWOOD SPRINGS OFFICE Since 1975 Telephone (970) 949-0707 The Denver Centre wwW.$atfieldheCh000m Facsimile (970) 949-1810 420 Seventh Street, Suite 100 BASALT OFFICE Glenwood Springs, Colorado 81601 110 Midland Avenue, Suite 201 Tclcphonc (970) 947-1936 Basalt, Colorado 81621 Facsimilc (970) 947-1937 Tclcphonc (970) 927-1936 Facsimile (970) 927-1783 Gregory S. Gordon Aspen Office ggordon@garfieldhecht com May 2, 2007 BY HAND Ms. Jessica Garrow City of Aspen Community Development Dept. 130 South Galena Street, 3`d Floor Aspen, Colorado 81611 RE: Certificate of Exemption for 1116 Waters Avenue, Unit #2, Aspen, Colorado Dear Jessica: Attached please find a proposed form of a Certificate of Exemption from the City of Aspen's Residential Multi-Family Replacement Program for the above referenced dwelling unit, and a check for $235.00, which you requested. Thank you. V ery~t/rfulyJ-y°o/urs, Grei ~ go y S G rd~ Enclosures ® Printed on recycled paper ... CERTIFICATE OF EXEMPTION FROM THE CITY OF ASPEN'S RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM FOR UNIT #2, 1116 WATERS AVENUE WHEREAS, on April 10, 2007, Ute Waters, LLC, a Colorado limited liability company whose mailing address is 1116 Waters Avenue, Unit #1, Aspen, Colorado 81611, tel.: (970) 925-3725, and who is the owner of that certain real property legally described as: An undivided 25% interest in Lot 7, CALDERWOOD SUBDIVISION, together with the exclusive right to use Apartment #2, as defined and described in Declaration of Restrictions recorded December 8, 1972 in Book 269 at Page 617; also known by the street address: 1116 Waters Avenue, Unit 2, Aspen, Colorado 81611 (hereinafter referred to as "Unit #2"), submitted a statement and supporting affidavits to the Community Development Department, certifying that Unit #2 is exempt from the City of Aspen's Resident Multi- Family Replacement Program, provided for in Chapter 26.530 of the City of Aspen Land Use Regulations, and requesting that a Certificate of Exemption issue pursuant to section 26.530.030 B.; and WHEREAS, the Community Development Department has reviewed the statement submitted, and the affidavits submitted in support thereof; and WHEREAS, the Community Development Director is satisfied that Unit #2 is exempt from the provisions of Chapter 26.530. THEREFORE, the Community Development Department, pursuant to section 26.530.030 of the Land Use Regulations, hereby issues a Certificate of Exemption for the dwelling unit described above from the City of Aspen's Resident Multi-Family Replacement Program. DONE THIS DAY OF , 2007. CITY OF ASPEN, COMMUNITY DEVELOPMENT DEPARTMENT: By: Name: Title: 181337_1 .~ ,.~ - .~, .,, ASPEN DFFIGE A T ""ON OFFIGE 601 East Hyman Avenue . . RFIELD & HECH , P C G 0070 Benchmark Road Aspen, Colorado 81611 Post Office Box 5450 Telephone (970) 9zs-1936 ATTORNEYS AT LAW Ann, Cnlorado s 16zo Facsimile (970) 925-3008 Telephone (970) 949-0707 GLENWOOD SPRINGS OFF[CE Since 1975 Facsimile (970) 949-1810 The Denver Centre www.garfieldhechLCOm BASALT OFFICE 420 Seventh Street, Suite 100 River View Plaza Glenwood Springs, Colorado 81601 100 Elk Run Drive, Suite 220 Telephone (970) 947-1936 Basalt, Colorado 81621 Facsimile (970) 947-1937 Telephone (970) 927-1936 Facsimile (970) 927-1939 Gregory S. Gordon Aspen Office ggordon@garfteldhecht com April 10, 2007 VIA HAND DELIVERY Mr. Christopher Bendon Community Development Director City of Aspen 130 South Galena Street, 3d Floor Aspen, Colorado 81611 RE: Statement in Support of an Application for a Certificate of Exemption for Calderwood Lot 7 Condo, Unit 2 Dear Mr. Bendon: We represent Herbert and Paula Molner, and Ute Waters, LLC, a Colorado limited liability company ("Ute Waters"). Herb and Paula have lived in Unit #1 of 1116 Waters Avenue (legally described as Lot 7, Calderwood Sub-Division) since 1974. Herb and Paula recently purchased, through Ute Waters, an LLC they control, the adjacent Unit #2. They intend to seek permission from the City to renovate and combine Units #1 and #2 into a single larger unit. They respectfully seek a Land Use Code (the "Code") Section 26.530.030 B. Certificate of Exemption for Unit #2. At the outset, it should be noted that, if approved, the Molners' would decrease a present nonconforming use. 1116 Waters Avenue has always been used as a "four-plex"1, but it is now located in an R-15, Moderate Density-Residential zone district. Section 26.710.050 of the City of Aspen Land Use Code (the "Code") restricts the use of a building in R-15 zone district to no more than a duplex; thus by reducing the number of units from four to three, the Molner's will be decreasing a nonconformity, as is permitted and encouraged by Section 26.312.030 C.1 of the Code. Chapter 26.530.020 of the Code provides that the City of Aspen's Resident Multi-Family Replacement Program prohibits any action which, "penetrates demising walls or floors between RMF 1 A Declaration of Restrictions for 1 116 Waters were recorded in 1972 in Book 269 at Page 617, of the real estate records of Pitkin County, Colorado. ® Pdn[ed on recycled paper ~G~~o"u,u~~ ~.~~~T, a~.~,. stop er en on April 10, 2007 Page 2 Housing Units ... without first obtaining a certificate of compliance/exemption" pursuant to section 26.530.030. Section 26.530.030 B. provides that an owner may obtain a certificate of exemption from the Community Development Department if the owner submits, a statement certifying that the dwelling unit(s) is exempt from the provisions of this Section, the basis upon which exemption is claimed, and such additional documentation as may be required by the Community Development Director in order to establish the exemption. Unit #2 is exempt from Chapter 26.530 of the Code. "RMF Housing" is defined in Section 26.104.100 in part as, "a dwelling unit which has in its history ever housed a working resident". The term "Working Resident" is defined in Section 26.104.100 of the Land Use as, "a person as defined in the Affordable Housing Guidelines". A person qualified to occupy employee housing under the 2007 Aspen/Pitkin County Employee Housing Guidelines must, be a full-time employee working [work a minimum of 1500 hours per year] in Pitkin County for an employer whose business address is located within Aspen or Pitkin County []; or a retired person who has been afull-time employee in Pitkin County a minimum of fours years immediately prior to his or her retirement. Herb has extensively reseazched the historic use of Unit #2, and interviewed several people with first-hand knowledge. The first owners of Unit #2 were Jerrold L. and Elaine C. Morris. The Morns' were part-time residents/second home-owners who never worked in Pitkin County whatsoever, no less full-time. In 1979, the Morris' sold the unit to Gail Cottingham Koch. Ms. Koch was also apart-time residenUsecond home owner who never worked full-time in Pitkin County. In 1993, Gail Cottingham Koch allowed her long-time friend and part-time secretary, Joan Fitzpatrick, to live in the unit for the remainder of her life, but this was long after Ms. Fitzpatrick had retired from full-time employment. Ms. Fitzpatrick lived in the unit until she passed-away in 2006. The unit was then sold to the Molner's/Ute Waters. No one who ever lived in Unit #2 was afull-time Pitkin County employee (a) while they lived in Unit #2, or (b) for the four-years immediately preceding their retirements. Herb has obtained and respectfully submits herewith the sworn affidavits of (i) himself, (ii) Geoff Simons, the Trustee of the Gail Cottingham Koch Revocable Trust, (iii) Suzann Resnick, who has lived in Unit #4 at 1116 Waters since it was built, and was the wife of the developer, Mike Resnick, and (iv) Gail Cottingham Koch's long-time friend and personal nurse, Melanie Crandall. All of these individuals have first-hand knowledge of the historic use of Unit #2, and all have stated, under oath, that no "working resident" has ever lived in Unit #2, nor has the unit ever "housed" a working resident. r ti... Christopher Ben on April 10, 2007 Page 3 Please do not hesitate to contact me should you require any additional information, or have any questions. Thank you in advance for your attention to this matter. Very truly yours ` Gr~~S~do~ n cc: Herbert R. Molner Enclosures ,~.. .,~ .~ AFFIDAVIT OF HERBERT R. MOLNER Herbert R. Molner, being first duly sworn, states and avers as follows: 1. My name is Herbert R. Molner. I am over the age of eighteen and have personal knowledge of the facts set forth herein. BACKGROUND AND PURPOSE OF THE AFFIDAVIT 2. Since in or around June 1974, I have lived in Unit #1 of the Ute Creek Apartments ("Unit # 1"), located at 1116 Waters Avenue, Aspen, Colorado. 3. For the past 19 years, I have worked as a ski instructor for the Aspen Ski Co. I continue to work in that capacity. 4. I understand that this Affidavit is being submitted pursuant to Section 26.530.030B. of the City of Aspen Municipal Code certifying that Unit #2, Ute Creek Apartments ("Unit #2"), is exempt from the City of Aspen's Resident Multi-Family Replacement Program. 5. On January 17, 2007, I entered into a contract to purchase Unit #2 from the Gail Cottingham Koch Revocable Trust. On January 29, 2007, I assigned the contract to Ute Waters, LLC, a Colorado limited liability company, in which my son is the manager, and in which I am the investor. 6. On February 1, 2007, Ute Waters, LLC purchased Unit #2 from the Gail Cottingham Koch Revocable Trust for my wife and me to occupy as a residence. 7. Unit #2 is adjacent to Unit #1, and my wife and I seek permission from the City of Aspen, to, among other things, combine Unit #1 and #2 into a single unit. THE CITY OF ASPEN RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM 8. My attorney has advised me that the City of Aspen Resident Multi- Family Replacement Program applies to the demolition, including the penetration of demising walls, of any resident multi-family housing that has ever housed a working resident. 172996_1 ,, ,~,,, 9. I have also been advised that the Aspen Municipal Code defines "working resident" by reference to the definition in the Affordable Housing Guidelines, and that the Affordable Housing Guidelines define an "Employee/Qualified ResidentBuyer", as someone who works a minimum of 1500 hours per calendar year in Pitkin County, or a retired person who worked more than 1500 hours per year for four years immediately prior to their retirement. UNIT #2 UTE CREEK APARTMENTS 10. The first occupants of Unit #2 were Jerrold and Elaine Morris. 11. Gail Cottingham Koch purchased Apartment #2 from Jerrold L. Morris and Elaine C. Morris on June 5, 1979. 12. I knew both Morris' and Ms. Koch personally. 13. Jerrold Morris was a practicing attorney in Chicago, the Morris' used Unit #2 solely as a second/vacation home, and neither Jerrold nor his wife Elaine ever worked as employees in Pitkin County. 14. Ms. Koch was apart-time Pitkin County resident, and never worked more than 1500 hours in Pitkin County. 15. Ms. Koch had a long time friend, and part-time secretary, named Joan Fitzpatrick. 16. In or around 1993, long after Ms. Fitzpatrick had ceased working full-time, Ms. Koch allowed Ms. Fitzpatrick to reside in Unit #2 rent-free for the remainder of her life. 17. During the years Ms. Fitzpatrick lived in Unit #2, I observed that Ms. Fitzpatrick was semi-retired and did not work full-time. 18. I have spoken with Suzanne Resnick, who has lived in Unit #4 since the Ute Waters Apartments were constructed (and still lives there) (an affidavit of Suzanne Resnick is being submitted herewith). Ms. Resnick has confirmed that (a) Ms. Fitzpatrick was semi-retired when she lived in Unit #2, and (b) no one other than the Morris' lived in Unit #2 from the time the apartments were built until I moved into Unit # 1 in 1974. 172996_l 2 ~: ~. ....,~ 19. Based on my personal knowledge of the use of Unit #2, therefore, I hereby certify that Unit #2 has never housed a "working resident", and is exempt from the City of Aspen Resident Multi-Family Replacement Program. FURTHER AFFIANT SAYETH NAUGHT. STATE OF COLORADO Herbert R. Molner ~ ss. COUNTY OF PITKIN ) ~ ~o Subscribed and sworn to before me on this ,i~day of April, 2007, by Herbert R. Molner. Witness my hand and official seal: My commission expires: Notary Public My Cem° X712412010 irz9v6_i 3 ,. , F ,, ... AFFIDAVIT OF SUZANNE L. RESNICK Suzann~L. Resnick, being first duly sworn, states and avers as follows: 1. My name is Suzanne L. Resnick. I am over the age of eighteen and have personal knowledge of the facts set forth herein. BACKGROUND AND PURPOSE OF THE AFFIDAVIT 2. I have lived in Unit #4 of the Ute Creek Apartments ("Unit #4"), located at 1116 Waters Avenue, Aspen, Colorado, since its construction in the early 1970's. 3. I understand that this Affidavit is being submitted in support of Herbert R. Molner's application for a certificate of exemption for Unit #2, from the City of Aspen's Resident Multi-Family Replacement Program. UNIT#2 UTE CREEK APARTMENTS 4. The first occupants of Unit #2 were Jerrold and Elaine Morris. 5. Gail Cottingham Koch purchased Unit #2 from Jerrold L. Morris and Elaine C. Morris in 1979. 6. I knew both Morris' and Ms. Koch personally. 7. Both the Morris' and Ms. Koch were part-time Pitkin County residents, and neither ever worked more than 1500 hours in Pitkin County. 8. Ms. Koch had a long time friend, and apart-time personal secretary, named Joan Fitzpatrick. 9. In or around 1993, long after Ms. Fitzpatrick had ceased working full time, Ms. Koch allowed Ms. Fitzpatrick to reside in Unit #2 rent-free for the remainder of her life. 10. During the years Ms. Fitzpatrick lived in Unit #2, she never worked as a full-time Pitkin County employee -she was semi-retired. 11. No one other than the Morris', Ms. Koch, or Ms. Fitzpatrick have ever lived in Unit #2. i~aom_t 12. I can hereby certify, therefore, to the best of my personal knowledge, that Unit #2 never housed an employee who worked 1500 or more per year in Pitkin County. FURTHER AFFIANT SAYETH NAUGHT. Suzanne .Resnick STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me on this !~ day of April, 2007, by Suzannr L. Resnick. Witness my hand and official seal: My commission expires: v~ /oil ao I o ~ho ~c~ ~Q ~~ Notary Public My Cnr~missinn 0610112010 i~aooi_~ Z Rpr 10 07 09:OSa ,. _. p.2 AFFIDAVIT OF GEOFF SIMONS Geoff Simons, being first duly sworn, states and avers as follows: 1. My name is Geoff Simons. I am over the age of eighteen and have personal knowledge of the facts set forth herein. 2. Gail Cottingham Koch was the owner of Unit #2, Ute Creek, located at 1116 Waters Avenue in Aspen, Colorado ("Unit #2"). 3. Ms. Koch pwchased Unit #2 from Jerrold and Elaine Moms in 1979. 4. In January 2002, Ms. Koch transferred ownership of Unit #2 to the Gail Cottingham Koch Revocable Trust (the "Trust"). Ms. Koch passed away in March 2002. 5. I had known Ms. Koch for many yeazs, and I am the Trustee of Ms. Koch's Trust. 6. On January 17, 2007, the Trust entered into a contract with Herbert Molner for the sale of Unit #2. I executed the contract on behalf of the Trust, in my capacity as Trustee. 7. On February 1, 2007, Unit #2 was sold to Ute Waters, LLC, Herbert Molner's assignee of the sales contract. I executed the closing documents on behalf of the Trust in my capacity as Trustee. 8. I understand that this Affidavit is being submitted in support of an application for a certificate of exemption for Unit #2 from the City of Aspen's Resident Multi-Family Replacement Program. 9. Herbert Molner's attorney has advised me that the City of Aspen Resident Multi-Family Replacement Program applies to the demolition of any residential multi-family housing that has ever housed a working resident. 10. Herbert Molner's attorney has also advised me that a `working resident" is someone who works a minimum of 1500 bows per calendaz year in Pitkin County, or a retired person who worked more than ]500 bows per year for fow years immediately prior to their retirement. (3eoftSimons~davit Rpr 10 07 09_:06a ,...~ 11. Gail Cottingham Koch was apart-time Pitkin County resident, and she never worked 1500 hours in Pitkin County. 12. Ms. Koch had a long time friend, and apart-time personal secretary, named Joan Fitzpatrick. 13. In or around 1993, long after Ms. Fitzpatrick had ceased working full time, Ms. Koch allowed Ms. Fitzpatrick to reside in Unit #2 rent-free for the remainder of her life. 14. Ms. Fitzpatrick was semi-retired when she lived in Unit #2, and did not work 1500 hours per year. 15. Ms. Fitzpatrick did not work 1500 hours per year in Pitkin County for four consecutive years prior to her moving into Unit #2. 16. Therefore, I can attest, to the best of my personal knowledge and recollection, that neither Gail Cottingham Koch nor Joan Fitzpatrick were Pitkin County "working residents" during the time either lived in Unit #2. FURTHER AFFIANT SAYETH NAUGHT. ---~ Geoff Simons STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) Subscribed and sworn to before me on this ~ day of April, 2007, by Geoff Simons. Witness my hand and official seal: My commission expires: Q5,l~~s/20j0 ~_ No Public NOTARY FIiBL1G5TATfi OF FLORIDA Jonathan T. Lund Commission Jf OU549581 My Comm. Expires: OS/OR/2010 p.3 GeollSimonsAfl'idavit ~ Rpr 06 2007 B:OSPM Gold Earth Lansdcaping 97.p-963-4171 p.2 APR.~~.200] 4:04PM GARF~fLD & HECHT N0. 4396 P. 2 AFFIDAVIT OF 141ELA1VIE CRANDALL Melanie Crandall, being first duly sworn, states and avcr6 as follows: 1. My narne is Melanie Crandall. I have lived in the Roaring Fork Valley for 22 years, 1 reside at 421 Lewis Lane, Basalt, and 1 ara an owner of Good Earth Landscaping. 2. 1 am over the age of eighteen and have personal knowledge of the facts set forth herein. 3. Gail Cottingham Koch was the owner of Unit #2, Ute Creek, located at 1116 Waters Avenue in Aspen, Colorado ("Unit #2'~. 4. I was Ms. Kod-'s private nurse for approximately eight years from 1995, until her death in 2002, and I knew her very well. 5. I understand that this AtI`idavit is being submitted in support of an application for a certificate of exemption for Unit #2 from the City of Aspen's Resident Multi-Family Replacement Program. 6. Herbert Molner's attorney has advised me that the City of Aspen Resident Multi-Family Replacement Program applies to the demolition of any residentialrnulti-family housing that has aver housed a working resident. 7. Herbert Molncr's attorney has also advised me that a "working resident" is someone who works a minimum of 1500 hours per calendar year in Pitkin County, or a retired person whe worked more than 1500 hours per year for four years immediately prior to their reCuemem. 8. Gail Cottingham Koch was apart-time Pitkin County resident, and she never worked 1 S00 hours a year in Pitkin County. 9. Ms. Koch had a long time friend, and apart-time personal secretary, named Joan Fitzpatrick. I ]maw Ms. Fitzpatrick very well also. 10. In or around 1993, long after Ms. Fitzpatrick had ceased working fill) time, Ms, Koch allowed Ms. Fitzpatrick to reside in Unit #2 rent-free for the remainder of her life. 11. Ms. Pitzpatrick was semi-retired when she lived in Unit #2, and did not work 1500 hours per year. vsui_t 1 Apr 06 2007 B:OSPM Gr1d Earth Lansdcaping 9,?.0-963-4171 APR.~.i:2007 4:05PM GARfItLD 6 RECHT N0.4396 P. 3 12. Ms. FItzpatrick did aot work 1500 hours per year in Pitlcin County for four consecutive years prior to her moving into Unit #2. 13. Therefore, I can attest that neither Gail Cottingham Koch nor Joan Fitzpatrick were Pitkin County "working residents" during the limo either lived in Unit #2. FURTk1ER AFFIANT SAYETH NAUG]~.T. STATI? OF COLORADO ) ss. COUNTY OF ) ^Q,Gt Melani Crandall Subscribed and sworn to before me on this ^ day of April, 2007, by Melanie Crandall: Witness my hand and official seal: My commission expires: 8 `Z~ ~ Oq Notary Public Karma Rows Ulloa p.3 Irsssi_~ 2