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Home My WebLink AboutLand Use Case.627 W Smuggler St.0039.2018.ASLU0039.2018.ASLU 627 W SMUGGLER ST AMENDMENT ADU / CARRIAGE HOUSE -- Scaa,u-j 4/M P U A PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0039.2018.ASLU PROJECT ADDRESS 627 W SMUGGLER ST PARCEL ID 2735 124 09 013 PLANNER JENNIFER PHELAN CASE DESCRIPTION APPLICATION FOR ACCESSORY DWELLING UNIT/ CARRIAGE HOUSE REMOVAL REPRESENTATIVE PATRICK S RAWLEY DATE OF FINAL ACTION 07/23/2018 CLOSED BY BONNIE SHILES 8/20/2018 Â¤ Permits â‚¬ ic[. 25 { 5. fys ad - I Eile Edit Record- Navigate Fgrm Reports Format Iab Help V~ .JI~ 9 & Ra C] Clgar Nl e *] 9 63 8 3 9. 1 Ii.e [tt me 9.1.4Â·*iillliii A.:/41*.. let,KNI )MaInl Custom Fields ~Rog#ng Status T Fee SummarM |Actions ~Routing Mistory ~ ~ermit type hsiur Aspen Land Use Permit # 0039.2018.ASLU Address â‚¬27 W St.IUGGLER ST Apt/Suite _LLL~Li-L-~ City ASPEN State CO . Zip 81611 1 Permit Informa~on ......~~ ~ Master permit Routing queue aslu15 Applied 06'07,2018 v ~1 Project Statls pending Approved Â¥ Description APPLICATION FOR ADU / CARRD:*.GE HOUSE Issued b Closed/Final j v Submitted STAND CLAUSEN 925 2323 Clock Running Days ~~~~~~ Expires 06/02/2019 v Submitted via Owner - Last name TI.IT VENTURES LLC | Â· Â· First name MICHAEL TRIPLETT 787 SEVErÂ·mi AVE NEW YORK NY 1 CC19 Phone (212) 728-8699 Address Applicant 0 Owner is applicant? El Contractor is applicant? Last name â„¢T VENTURES LLC EÂ· First name MICHAEL TRIPLETT 787 SEVENTH AVE NEW YORK NY 1 CC19 Phone (212) 728-8699 Cust # 31 009 1Â·Â·Â· Address Email Lender Last name Â· Â· Â· First name Phone () - Address Enter the permit type code . JIAspenGold5 [ server 1 Il angelas I Bbli cf /13- De 6<10127 d<b 2*Â·D~ 3414 900 O.4 P' ClnÂ« :3 ennt fe, 14010~k. Rejo 4 |@3~/5 29 35 1 0 4 CA 0 /3 4 44 6449 1 STON 10!nol xoqpolll sanoig qell AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY : 041 (-4- Efuk - C zi WBM â‚¬ *+~ la Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) Â«4 - 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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication ofnotice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. U copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section o f an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signaturd' The foregoing "Affidavit ofNotice" was acknowledged before me this 1 2- day of ~24 , 2001, by A-ryk se--- PUBLIC NOTICE WITN-ESS MY-HAND AND OFFICIAL SEAL OF DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested properly right pursuant 10 My commission expires: ALI 1-0~433 the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described property: Oxley Lot Split Lot 1: Oxley Lot Split, City of Aspen, County of Pitkin, State of Colorado; for the property commonly known as 627 West Smuggler Notary Public' Street, by order of The Community Development Director on July 3, 2018 via a Notice of Approval. The Applicant received approval for an Amend- ment of an ADU or Carriage House Development Order; Removing an ADU, For further information ~ KAREN REED PATTERSON-~ contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, ATTACHMENTS: NOTARY PUBLIC Aspen, Colorado 429-2759; 1 STATE OF COLORADO ~ jennifer.phelan@cityofaspen.cam. s/ City of Aspen i NOTARY ID #19964002767 : Publish in The Aspen Times on July 12, 2018. dE=EssionEKE!~2EZLE,20201 0000272029 COPY OF THE PUBLICATION â€¢ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. TMT Ventures LLC 787 Seventh Ave; New York. NY 10019 Properly Owner's Name, Mailing Address Oxley Lot Split Lot 1: Oxley Lot Split, City and Townsite of Aspen 627 West Smuggler Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property The applicant has received administrative approval to remove an Accessory Dwelling Unit & Vacation ofthe Deed Restriction. Written Description of the Site Specific Plan and/or Attachmenl Describing Plan Administrative Approval for an amendment to a development order; Removing an ADU & Deed Restriction. Reception #648945 Land Use Approval(s) Received and Dates (Atjach Final Ordinances or Resolutions) July 3 2018 Effective Date of Development Order (Same date as noticed in the Aspen Times) July 4,2021 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 5th day of July, 2018, by the City of Aspen Community Development Director. VL/V / c/.ile.~W L,Â·-Â·.,~ d-z,>dissica Gi~~~~, Community bevelopnlbnt Director NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY COMMONLY DESCRIBED AS 627 W. SMUGGLER STREET, LEGALLY DESCRIBED AS OXLEY LOT SPLIT LOT 1: OXLEY LOT SPLIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, STATE OF COLORADO. Parcel ID No. 273512409013 APPLICANT IMT Ventures LLC REPRESENTATIVE: Patrick S. Rawley. Stan Clauson Associates Inc SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a single- family home pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. The subject property is 627 West Smuggler Street, legally described as Oxley Lot Split Lot: 1 Oxley Lot Split, City and lownsite of Aspen, Pitkin County, Colorado. SUMMARY: A conditional use approval was granted in 1997 for the development of a 451 square foot accessory dwelling unit pursuant to Aspen Planning and Zoning Commission Resolution No. 23. Series of 1997. A deed restriction was recorded on October 17,1997 as Reception No. 409581. Occupancy ofthe ADU was not mandatory. however Lot 1 of the Oxley Lot Split was subject to an affordable housing requirement with either an on-site ADU, the payment of an affordable housing impact fee. or the deed restriction of the new residence to resident occupancy guidelines. Therefore. an ADU was built on-site. Currently. the Applicant proposes to remove the ADU and vacate the deed restriction. Section 26.520.090[Cl establishes the approval process for removal of ADUs. To initiate the vacation of the deed restriction, the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs)* The Land Use Code allows for the required mitigation to be achieved by either a fee-in-lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant proposes to mitigate for 0.55 FTEs at Category 4, which is equivalent to 0.38 Category 2 FTEs as provided in Section 26.540.110, with the purchase and extinguishment of Affordable Housing Credits. Because Fee- in-Lieu rates change from time to time, the rates used for this calculation shall be those in effect at the time of building permit submittal. The structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. RECEPTION#: 648945, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 07/23/2018 at 10:26:09 AM Janice K. Vos Caudill, Pitkin County, CO STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of an ADU/Carriage House. DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request to vacate the ADU subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of.55 FTEs provided at a Category 4 rate. This requirement will be implemented as part of the building permit process. Fee-In Lieu rates change from time to time. The rates used for this calculation shall be those in effect at the time of building permit submittal. 2) The application for a building permit and issuance of a Certificate of Occupancy or Letter of Completion by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: -1- C"Df . D \31Avuvv U \NUAA 1 - D~,1 1/4/ 55 ~ Jessica GarroU Date / / v-Community Development Director CONSENTED TO: *A Michael Triplett Managing Member TMT Ventures LLC Attachments: Exhibit A - Aspen P&Z Resolution No. 23. Series of 1997 (not recorded) Exhibit 13 - Original ADU Deed Restriction (Reception # 409581) (not recorded) Exhibit C - Statement of Exemption from Full Subdivision Process Oxley Lot Split (not recorded) Exhibit D - Application (not recorded) :lieg TAN CLAUSON ASSOCIATESINC ndscape architecture.planning.resort design 412 North MIll[ Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 info@scaplanning.com www.scaplanning.com RECEIVED 31 May 2018 MAY 3 1 2018 r,Â£!IY Of pusPEN Ms. Jennifer Phelan, AICP ..V...UNTY DEVELOMENT Deputy Planning Director City of Aspen Community Development Dept. 130 S. Galena, 3rd Floor Aspen, CO 81611 RE: Amendment of an ADU Development Order / 627 W. Smuggler Dear Jennifer: In connection with the Land Use Application Determination of Completeness dated 31 May 2018 for the above referenced matter, please find attached the following information which will complete the application: 1. Signed Agreement to Pay; 2. Completed Attachment 2 - Land Use Application form; 3. Recorded Accessory Dwelling Unit Deed Restriction; 4. Certificate of Occupancy for 627 W. Smuggler; and 5. Pertinent Previous Approvals. Please call with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. 0 CITY OF ASPEN ~OMMUNITY DEVELOPMENT DEPARTIVENT: -Â¥1 9' Agreement to Pay Application Fees :ZE E An agreement between the City of Aspen ("City") and -O E Please type or print in all caps m z Address of Property: 627 W. SMUGGLER STREET, ASPEN, CO 2Â£ Property Owner Name: TMT VENTURES LLC Representative Name (if different from Property Owner) MICHAEL TRIPLETT, MANAGING MEMBER Billing Name and Address - Send Bills to: C/O JANICE E. LEVINE, 787 SEVENTH AVENUE, NEW YOR, NY 10019 Contact info for billing: e-mail: JLEVINE@WILKIE.COM Phone: 212-728-8699 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . S. flat fee for $. flat fee for , $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $975.00 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Dep*tment staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: Jessica Garrow, AICP Community Development Director PRINT Name: MICHAEL TRIPLETT City Use: Title: MANAGING MEMBER Fees Due: $ Received $ Case # November 2017 City of Aspen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: 0 Name: 627 W. Smuggler Street Location: 627 W. Smuggler Street, Aspen, CO Â£224, 12 '654 Parcel ID # (REQUIRED) 273512409013 APPLICANT: . 42 4/03. Name: TMT Ventures LLC 44 Address: c/o Janice Levine, 787 Seventh Avenue, New York, NY 10019 Phone#: 212-728-8699 REPRESENTIVATIVE: Name: Patrick S. Rawley, AICP. ASLA Address: 412 N. Mill Street, Aspen, CO 81611 Phone#: 970-925-2323 /3 GMQS Exemption Fl Conceptual PUD CJ Temporary Use U GMQS Allotment r-1 Final PUD (& PUD Amendment) Special Review Subdivision El Conceptual SPA J ESA-8040 Greenline, Stream E-1 Subdivision Exemption (includes Â£ Margin, Hallam Lake Bluff, Condominiumization) Il Mountain View Plane ~ Final SPA (&SPA El Commercial Design Review LILI Lot split Amendment) j Residential Design Variance E-1 Lot Line Adjustment F-1 Small Lodge Conversion/ Expansion D Conditional Use X other: Removal of ADU E <ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The existing residence contains 3,614 SF of floor area. The existing residence was issued a CO 11 November 1998. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Applicant wishes to remove an existing, non-mandatory ADU. Mitigation will be met through AH Credits. Removal of ADU will ensure existing residence is compliant with allowable floor area. Have you attached the following? FEES DUE: $ 975.00 GlPre-Application Conference Summary & Attachment #1, Signed Fee Agreement 11 Response to Attachment #3, Dimensional Requirements Form EX] Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards Â£ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 111111111111111111 lilli 1111111111 lai lll lilli lili 111 409581 10/17/1997 02:31P DEED RES DAVIS SILVI 7 3- 39 J 14Â·oct 01 6 1 of 3 R 16.00 0 0.00 N 0.00 PITKINCO COLORADO ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELUNG UNIT DEED RESTRICTION is made and entered into this 2 27day of September, 1997, by Charles McLean and Amy Margerum f'Owner") for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 627 West Smuggler in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 1, Oxley Lot Split, City and Townsite of Aspen, upon which is situate a Free Market Dwelling to contain a studio, located in the lower level of the principal residence and is approximately 451 net livable square feet, hereinafter referred to as an accessory dwelling unit ("UnitD; and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only In accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any tenn or condition. IN WITNESS HEREOF, OWner has placed its duly authorized signature hereto on the date as described above. OWNERS: A ?ady#Â·L A U C L 14_/Liu- 9 Mclean --7 AmyÂ£*rgeruÂ© Mailing Address: City Manager 130 South Galena, Aspen, CO 81611 STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument whs acknowledged before me this 55"day of September, 1997, by Charles Mclean and Amy Margerum. WITNESS MY hand and official seal. My Commission expires My Commission expires: 12/26/2000 Date 92. h. Ajlnk : I .... Notary Public E *6&,...,.j 0,1 ...... ...0 .. .. i Illill lilli lilli lilll ill mil Illill Ill 11.Il Ill lili 409581 10/17/1997 02:31P DEED RES DAV:S SILVI 2 of 3 R 16.00 0 0.00 N 0.00 PITKINCO COLORADO 2 1 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/Pill<IN COUNTY HOUSING AUTHORITY y By: .>-- v V _- El*ebethâ€¢Wrimme~IGhâ€žQ!!RRErson Franil pe-k*1 Ut U-, Mailing Address: . 2 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) ) SS. COUNTY OFPITKIN ) The foregoing instrument was acknowledged before me this F'~ day of October, 1997, by ch. PY o.... <- 136.1'vs WITNESS MY hand and official seal. My Commission expires: 171,97 Deke 844404/L Â¢14.... ' A Notary Public ~ t\.0Â¥aw ;0 ....<e Idâ€¢adu 0/407$2-6,-2Â»-- 111111111111111111 lilli lli 1111111111111 ill '1111 lili lill 409581 10/17/1997 02:31P DEED RES DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKINCO COLORADO 3 f =%11*; Ill/'1#:A- 44Â£ - 4 0/*<> hÂ¥- .~:11Â§:I 86 Int'%..... ===WÂ¢ --i <; 1Ill- 6 * e <. . 1- 1 L-Equ--7\< pililiTIi'/Ili PE I ' - 1 . 4 'K. $ - i 763: i CERTIFICATE OF OCCU-FANCY ''I J ; ASPEN * PITKIN .: < f i - i 11 i Â· COMMUNITY DEVELOPMENT DEPARTMENT THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OFSECTION 109 OF THE 1994 EDITION , OF THE UNIFORM BUILDING CODE. IT CERTIFIES THAT AT THE DATE OF ISSUANCE, THE STRUCTURE AS DESCRIBED - BELOWWAS IN COMPUANCE WI'TH THE VARIOUS RESOLUTIONS AND ORDINANCES REGULATING BUILDING % CONSTRUCTION AND USE IN THIS JURISDICTION. Use Classification: Single Family Residence ; Building Permit: 7-622 Legal Description: Building Address: 627 W, Smuggler, Aspen, CO. 81611 61. Pt Â·-1..Â· a.:Â· i Owner of Building: Chuck McLean & Amy Margerum - Owner Address: 305 Redtail Ct., Basalt CO. 81621 Group: R-3/U-1 Type Construction: V-N Use Zone: R-6 - + Description: 4,989 square feet including four bedrooms, four full baths, one 3/4 bath, one 1/2 bath, one kitchen and a two car attached garage. ADU includes one bedroom, one bath, one Â» living room and one kitchen. Comments & Restrictions: One gas stove: Arrow/Dovre. One gas stove: Dover. One gas appliance: Regency. One gas appliance: Harth Stone (not installed). ADU deed restriction # 409581. . r .. 1 -1-1,(-Altt.C- 1 1 Â· 11'38 , t. Chief Building Official Date ?:.;.2.1.4 ' ' Q-0 (1 6/c IiÂ·.RÂ·fiÂ·i;I i Note: In all occupancles, except R, this certificate must be posted in a conspicuous place near the main exit on the premises for which it 18 issued. Any alteration or use of these described premises or . 4:034 portion thereof without the written approval of the Building Official sha i.'g?fp .4 ...9 negate this C.O. and subject it to revocation. .. 't' i Rd~,i '.,..:14?2. &4.4.4.:,.4 *.9-2 . I 4. -4<9,Vi I 4--Awilt 52&51 E, : ' . 3 +Id,4/2'E/-"Ail.239' ':1@.52-.02;:t~.5~ eve kFf*i:?klÂ·44$~ i..=MI ir ..1,~W.,%..- T.,..1,1-- 7 -T .C I.1,1[.UITI~ f . 1 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A VARIANCE FROM SECTION 26.58.040(F)(12), RESIDENTIAL DESIGN STANDARDS, VOLUME, AND OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE MeLEAN/MARGERUM RESIDENCE LOCATED AT 627 WEST SMUGGLER STREET, LOT 1, OXLEY LOT SPLIT, CITY OF ASPEN Resolution 97- Â£23 WHEREAS, The Community Development Department received an application from Mr. Chuck McLean and Mrs. Amy Margerum, owners, for a Conditional Use Review for a below-grade Accessory Dwelling Unit having approximately four hundred fifty one (451) square feet; and ' WHEREAS, the applicants requested approval of a proposed design for a single-family residence on the property located at 627 West Smuggler Street; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WIIEREAS, pursuant to Section 26.58.020(B) of the Aspen Municipal Code, Community Development Department staff also reviewed the applicant's application for compliance with the Residential Design Standards of Section 26.58.040 of the Aspen Municipal Code and found the submitted development application to be inconsistent with the Standard 26.58.040(F)(12), Volume, ofthe Aspen Municipal Code; and WHEREAS, Section 26.58.020(B)(2) of the Aspen Municipal Code provides that if an application is found by staff to be inconsistent with any item of the Residential Design Guidelines, the applicant may either amend the application or appeal staff' s findings to the Planning and Zoning Commission pursuant to Chapter 26.22, Design Review Appeal Board: and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one ofthe following statements in order for the Planning and Zoning Commission to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting ofthe Planning and Zoning Commission on August 19,1997, at which the Commission approved by a 5-0 vote both the Conditional Use for the MeLean/Margerum Residence's 7 1 Accessory Dwelling Unit with the conditions recommended by the Community Development Department and a variance from standard 26.58.040(F)(12),volume, as it relates to all four elevations of the proposed structure; and WHEREAS, the approval ofthe variance request was based on a finding that the proposed design more effectively addresses the issue or problem the "volume" standard responds to (variance criterion "b"), and the motion approving the variance did not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception of the one transom window on the west elevation. NOW, THEREFORE BE IT RESOLVED by the Commission: SigliQn.QnÂ©i A variance from the "volume" standard, Section 26.58.040(F)(12), as it relates to all four proposed elevations of the MeLean/Margerum residence is approved based on a finding by the Commission that the proposed design more effectively addressed the issue or problem that the "volume" standard responds to. The approved variance does not allow for those windows indicated on the submitted drawings as dashed lines and labeled as "possible," with the exception ofthe one transom window on the west elevation. Section Two: The Conditional Use for a below-grade Accessory Dwelling Unit containing approximately 451 square feet attached to the proposed McLean/Margerum residence at 627 West Smuggler Street is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling Unit contains between 300 and 700 square feet; b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office; d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a separate one-bedroom unit; e. Provide a minimum of one off-street parking space for the ADU that shall be shown on the final plans; Â£ Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights-of-way; - 1 1 g, Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; k. In the event required, a tree removal permit must be obtained from the Parks Department for any trees that are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s); 1. A tap permit must be completed at the office of the Aspen Consolidated Sanitation District; a separate service line and tap will be required for the accessory dwelling unit. Payment of the total connection charges shall be made prior to the issuance of a building permit; and, m. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The building permit drawings will have to show the fences that encroach into the alley and Smuggler Street rights-of-way and indicate that they will be either relocated onto private property or be removed, or be licensed. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and, c. Ihe applicant must sign a curb and gutter construction agreement, and pay recording fees (this requirement was a condition ofthe Oxley Lot Split approval). 3. In the event required, the applicant must receive approval from: â€¢ The City Engineer for design of improvements, including landscaping, within public rights-of-way; ..$ ,-1 1 â€¢ The Parks Department for vegetation species, tree removal, and/or public trail disturbances; â€¢ The Streets Department for mailboxes and street cuts; and, â€¢ The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU. 6. The existing driveway in the front yard must be removed, and the area must be restored. 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on August 19,1997. APPROVED AS TO FORM: David Hoefer, Assistant City Attorney Attest: Planning and Zoning Commission: n syzed *Uu 2Â¥ckie Lothian, Deputy City Clerk Sara Garton, Chairperson ,..9:6,Â¥ktÂ·UÂ·:fet*us,0 r t; rn 370195 B-750 P-953 05/19/94 10:54A PG 1 OF 5 REC DOC SILVIA DAVIS PITKIN COCNTY CLERK & AECORDER 25.00 BWATEMENT 02 EXEMPTION . FROM FULL SUBDIVIBION PROCEUS AND SUBDIVISION AGREEMENT FOR THE " OXLEY LOT SPLIT WHEREAS, JOHN C. OXLEY (the "Applicant") is the owner of a parcel of land located in Pitkin County, Colorado (the f "Property"), more particularly described as: The east-half (1/2) of Lot B, and all of Lots c, D, E and F, Block 21, city and Townsite of Aspen, County of Pitkin, State of Colorado,r , with the Proverty street address of 627 West Smuggler, Aspen, Colorado 81611; and WHEREAS, Applicant has requested an exemption from the definition of subdivislon for thi Property at the above-described location, pursuant to Section 24-7-1003.A.2. of the Aspen Municipal Code; and - WHEREAS, the Planning Office has determined that such exemption ib appropritte; and _4 WHEREAS, the City Council has found the proposed division of 1,nd to be outside the intents and purposes of the subdivision i regulations for the City of Aspen and, bn Novem8er 22, 1993, - approved the Applicant's request for exemption from the * definition of subdivision, pursuant to Ordinance No. Â· 57 (Series of 1993); and - 1 WHEREAS, a Subdivision Exemption Agreement is required between tha Applicant and the City of Aspen binding the Applicant .1 and Property to all conditions placed upon the approvals for the subdivision as set forth in 624-7-1005 of the Municipal Code of tho City of Aspen; Und WHEREAS, the City is willing to approve and execute this ( Agreement and the corresponding subdivision lot-split plat for .m the eubject property in exchange for Applicant' s promises and perfozmance adhering to the terms and conditions contained herein and those other applicable ordinances and regulations as contained in the Municipal Code. NOW, THEREFORE, the City Council of the City of Aspen does hereby determine that the proposed division of the above- ddescribed Proserty is oatside the intexts and F~Xrposes of the City of Aspents subdivision regulations, and does, for such reason, grant an exemptien. from the definition of subdivision for r s,acts 42,=tiMuL I= Cl:=Csif;bel:ratien Ce Sk'e Emzt:mal cla,reo,ent.5 c,2,217.air,ed hereinÂ»Ed the approval, execution' and acceptance of the plat for recordat:ion by the City of Aspen, it is agreed as follows: 1. The encroaching fences in the alley of Block 21 and on the Smuggler Street right-of-way shall be removed at the time of .. -. 370195 B-750 P-954 05/19/94 10:54A PG 2 OF 5 issuance of a building permit for construction of a residence on , either of the two (2) lote. 2. The Applicant shall record with the Pitkin County Clerk and Recorder contemporaneously herewith a Subdivision Lot-Split Plat to be reviewed and appboved by the Planning Office and Engineering Department. 3. Applicant shall record wlth the Pitkin CountB Clerk and Recorder contemporaneously hdrewith, that certain Curb ~and Gutter Improvement Agreement between the Applicant and the city of Aspen dated A Al 't , 1994, a copy of which la attached hereto as Exhibit A. 4. The Property shall meet storm runfoff requireinents of 524-7-1004.C.4.f at the time of development. 5. Any work in the public right-of-way, including landscaping, shall be pursuant to appropriate permits obtained by At>Plicant from the City Streets Department.- 6. The Applicant shall mapt the following affordable ~ housing requirements f (a) Lot 1 46 aubject to the provision of an h on-site Accessory Dwelling Unit, the payment of an -affordable housing impact : fee, or the deed restriction of the new z i residence to residence occupancy _ guidelines, all as provided in Section 8-104.A. 1.c of the Aspen Land Use Regulations. L . 1 (b) Lot 2 is required to build an Accessory Owelling Unit (ADU) at the time of construction in accordance with the provisionsÂ·of Section 7-1003.A. 2.b. . , 7. The Applicant shall comply with all material - C representatives made by the Applicant in the application and during public meetings with the City Council unless otherwise . amended in this Agreement. 8. The provisions of this Agreement shall run with and constitute a burden on the Property and sh,11 be binding on and inure to the benefit.of Applicant and Applicant's successors and ' assigns and to the City, its successors and assigns. 9. This Agreement may be altered or amended only by written instrument executed by all parties hereto with the sana y formality as this Agreement is executed. * 10. If any provision of this Agreement :is determined to kie invalid, such invalidity shall not affect the remaining provisions hereof.- 1 2 1 I. 4- - - .. 1 - 2 --1 - "' 1 k. 1 - .11... .1 . .19.4..,4% 11' *wma 370195 B-750 P-955 05/1 9/94 10,54A PG 3 OF 5 Â¢%-8 .U'.1/ This Agreement shall become effective upon the date of the last signature set forth below. nÂ«L-.0 + - -JohA C. Oxley /1 3- The HonoÂ¥able John S. Bennett, Mayor of the City of Aspen APPROVED: _ -372 f ARÂ£*32 . - John,Wdrck-dater, City Attorney STATE OF 0.0 602 800 1 - ) Sb. couNTY oF P / r g JÂ· 1 The foregoing was acknowledged and signed before me this 4/rh- dty of '-'777 Â£5100Â£ L , 1994, by John C. Oxley. 0 Witness my hand and official seal. 1-:,4,â‚¬1 /R:34, P My Â·commission expires: ~a,1646,2,2.~ / 75 /95Â·/7 , :.. . ... lÂ·lit . f /9 ~~F'',<Vt/.t:>{40< Notary Public ~ i F P t ~t:r , STATE OF COLORADO ) . ) SS. P Â· COUNTY OF PITKIN ) The foregoing was acknowledged and signed before me this day of , 1994, by John S. Bennett, Mayor of the City of Aspeno -and IC. thryn-6-rÂ·-Moehr-A~pen--erty--eferhr- Iric :11)] ./.7 Witness my hand and official seal. My Commelon *plres 957/9(1 2 .Â· i f . My commission expires: Not~y Publi-c V / 35Â· 4 -I r . apt 12983,1 3 I. - r .a , 1 4,- tftix .te..0,;ittri 0 J.r 1 % 1 0 :. Â· ' ~1 *1 ~ 2 ..i:*. Â» ~ " ., . 00,~i~Waw-Ji.1 i )44#4Â·7. â€¢ #fqlkcl~ 8 0.1< 7 3 s A-yz.. 4, 9 1 6 93 f...,4 644 * ORDINANCE NO. 57 Â£ (SERIES OF 1993) 645- AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION, GMQS EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE OXLEY LOT SPLIT (EAST ONE-HALF OF LOT B, LOTS C, D, E, AND F, BLOCK 21, ORIGINAL ASPEN TOWNSITE} E . t WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code ~ ~ iÂ· <2 -0 f provides for City Council approval for lots splits as Subdivision j Exemptions and Section 24-6-207 allows vested rights for a period % i col 1 .-It m -1 of three years; and Ul 0 WHEREAS, the Applicant, John C. oxley, submitted an 11 application for a lot split, GMQS exemption and vested rights to 2., ~ N ~ 0. 13 Lq the Planning Office; and - WHEREAS, the City Engineering Office has provided referral 2 8 Z\ comments on the proposed application; and 0\ C 4 Z *1 WHEREAS, the Planning Office reviewed the proposed application H <X pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and 2% .D D the comments received from Engineering and recommends approval of u 2 Gl the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen City Council having considered the Planning 0o Â¤ 71 Office's recommendation and Section 24-7-1003.A.2 of the Aspen 74 1 Municipal Code does hereby grant the Subdivision Exemption for the Oxley Lot Split.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY t.3 2 â€¢' i om 0 OF ASPEN, COLORADO: - E Section 1: That it does hereby grant Subdivision Exemption and V .i t . 0 1.1 GMQS Exemption approval for a lot split pursuant to Section 24-7- 1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to : .. the following conditions: . fi/,4 ... I /1 5. , * E ER , 00 -17 .*.~.Â·Ir Â· K I 1,4 :D A'.9,9,. .. , - .1. Ordinance 30.') 1 (Series 1993)' Page 2 M f 1. The encroaching fences in the alley and on the smugglor Street o Â·0 right-of-way must be removed or receive an encroachment 6 license prior to recordation of the final plat. 4 4 , 2. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f. at the time of development. 41 '' 3. Any work in the public right-of-way including landscaping w shall obtain permits from the City Streets Department, - r 11 . 4. The now Subdivision Plat and Subdivision Exemption Agreement I must bo approved by the Planning Office and Engineering o 0 Department and recorded with the Pitkin County Clork and Recorder within 160 days of approval by City Council. Failure c, vo do so may randar the approvals invalid. 0 tu 5. A Curb and Gutter Agrromant for a rolled curb is required to be exccuted indicating ttint the property owner will install 4 a curb and gutter at such time as directed by the City. 1 ~ 4 6. Lot 1 Ls subject to the provisions of Section 24-8-104.A.1.a if rk,mo] ition or an addition taked place. o D . 7. Lot 2 is required to build an Accessory Dwelling Unit (ADU) n. CO at the time Of construction, pursuant to Section 24-7- f.-3 1003.A.2.h of the Aspen Land Use Regulations. 8. All materia; representations made by the applicant in the 9 9, 0 application and during public meetings with the City council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. 41., Section 2: Pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council dons hereby grant Vested Rights approval for the 411.1 Oxley Lot Split as follows: 1, The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) u years from tile date of final adoption specified below. '.,1 However, Any failure to abide by the terms and conditions .1.OF :1 attendant to this approval shall result in forfeiture of said Li . vested property rights. Failure to timely and property record 41 t all plats and agreements as specified heroin or in the Municipal Code shall also result in the forfeiture o[ said vested rights. I ./ 10Â» .: , : 4.. 41Â£,JWÂ¥4~0-<7472 2.Â·f ordinance 110.-3 7 (Series 1993) Page 3 2. The approval granted hereby shall be subject to all rights of ' referendum and judicial review, 3 4 ; 0 , 3. Nothing in the approvals provided by this Ordinance shall 4 1 exempt the site specific development plan from subsequent , reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided w i that such reviews or approvals are not inconsistent with the -1 L4 approval granted and vested herein. C I 4, The establishment herein of a vested property right shall not T * preclude the application of ordinances or regulations which A z are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical coder.. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical a fl d mechanical codes, unless an exemption therefrom is granted in writing. Section 3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: 1 Notice is hereby given to the general public of the approval i of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, i. 00 Colorado Revised Statutes, pertaining to the following described property: J The property shall be described in the notice and appended to said notice. i Section 4: A public hearing on the Ordinance shall be held on the I~' . '22 day of Â· ~a,ut--A_Z 1993 at 5:00 P.M. in the City Council 1 ~i' Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days ~ prior to the hoaring a public notice of the hearing shall be .7Â» 0 GA 67 05/1 /94 10-40A PG 3 OF 4 '~'712AOâ‚¬*TA<5146*1:.'.71~~A '.:t, .0,4/ 1(tiC.' WE<L'6 * 1347 AW .1,1.â€¢4 Ordinance No. 5 + . (Series 1993) Page 4 published in a newspaper of general circulation within the City of 01 Â· Â· Aspen. 4 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by ' 0 the City Council of the City of Aspen on the 2% day of 6 4 166, .. 01 1993. 1 ln ** 13 - John Bhnnett, Mayor -0 CO Â· AT.TEST: 26 N .kat!)ry,a..y,~Kdch, city Clerk \ ;AA;' 2 '10 FINALLY, adopted, passed and approved this Tz, day of 9 1 W '. 66Wl' :4'Ld 99 3. D 4 6 *t-- John Bennett, Mayor 0 eÂ©' 0 Y . r A 8 e . ... ' I ./ g P,BAT,tr,ST i +1 , I --'; 111 iti41-Â·~; ' i| 4 ,~ ..' , ' K4thryn S./Koth; dity Clerk , o rd.*'t~'1* â‚¬247, 24 1 11 1 Â«t A CITY OF ASPEN Land Use Application Determination of Completeness Date: May 31, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application 627 W. Smuggler, Amendment of an ADU Development Order request reviewed it for cornpleteness. ~~ Your Land Use Application is incomplete: / Â»lease submit the following missing subrnission items. 1. Completed land use application and agreement to pay form. Please Val provide a completed land use application and agreement to pay form. 2. Additional materials, documentation or reports as deemed necessary by A / the Community Development Director. Please submit a copy of the deed 0/ restriction and any other land use approva/s associated with the ADU. ~(~ ~ Other submission items rnay be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. TEpt Youn tz;> A \ 91 lA / C-- C PlÂ»-V Jehnifer Pgplan, Deputy Planning Director Ldfty of As@n, Community Development Departrnent For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_*C. Subdivision, or PD (creating more than 1 additional lot) GMQS Allotrnents Residential Affordable Housing Yes No *t Commercial E.P.F. Lodging 1 1:to fouth Gaiena Street Asoen. (2(02:69 19/1 : PÂ· 970.920.5000 1 FÂ· 9/0.920.5197 1 C:tyofa.Den.com LAND USE APPLICATION 627 W. Smuggler Street, Aspen, CO PID# 273512409013 25 May 2018 An application for Amendment of an ADU or Carriage House Development Order. 1 - i ij 2 4 i 14 -7-/. 1 '1 -.- RIi,idnnâ€¢- 1 ~, ~ 1'11,1.1, T._UL=. â€¢nfr-, 11 A. C 1-'Â·n Â· Â· r -Â¥rrl 2 1 1 0-11,11 L lili 44 , 0 -- 4 4 1: Â» / f. ZI H i Ill , 1 Â¥ Fl 1 !; Ill I 1.:9 / d :. rl i 1'4 'i t= Elt, 11 t i.;1:lilliA 3 3 6 dix Represented by: -,r r \ STAN CLAUSON ASSOCIATESING 42 1.11Â·,1..(.1:..i,â€¢Ill:eilil,e.1,11,11,111!:.,e.,111 desig" h<>14 41.! tler'b Milt Streel Abjefi, Coloccd. 81611 t.970'925-21.24 f 970.1,92) 1628 'L 44:C~ i.fo>hraplann,rgron v.,ww.Â·.caphining.ron TABLE OF CONTENTS â€¢ Project Overview and Code Response m Attachment 1 - Vicinity Map and Property Description â€¢ Attachment 2 - Proof of Ownership m Attachment 3 - Letter of Authorization m Attachment 4 - HOA Compliance Form â€¢ Attachment 5 - Pre-application Conference Summary 627 W. Smuggler Street, Aspen, CO (PID #273512409013) Application for Amendment of an ADU or Carriage House Development Order 25 May 2018 Page 1 2 Project Overview TMT Ventures LLC (the "Applicant") requests an Amendment of an ADU Development Order for the residence located at 627 W. Smuggler Street, PID #273512409013 (the "Property"). The residence contains a deed restricted Accessory Dwelling Unit (ADU) located on the lower level. This application has been prepared in conformance with the pre-application conference sumrnary dated 6 April 2018. The Properly is located in the R-6, Medium-Density Residential Zone District of the City of Aspen. The Property was created by the Oxley Lot Split which subdivided the fathering parcel into two lots. Conditions made a part of the lot split approval have been met as evidenced by issuance of the Certificate of Occupancy (CO) for the residence in 1998. According to the survey prepared by Aspen Survey Engineers, Inc., dated February 2018, the Property contains 7,500 square feet (SF). Allowable floor area is calculated to be 3,450 SF. The floor area associated with the ADU is included in this maximum floor area. Based on the original architectural plans prepared by Barbara Long & Associates, dated 19 September 1997, the Property includes a total floor area of 3,450 SF when appropriate floor area exemptions are factored in. Based on this information and from our review of building permit records which indicates no substantial modifications to the residence have occurred since construction, it does not appear that unused floor area exists which could be used to expand the residence. The deed restricted ADU retains its dedicated access and contain the required kitchen elements, thus meeting conditions of approval. The Applicant is interested in removing the ADU from the property, as well as the stairs that access the ADU, and to vacate the deed restriction. The Applicant will provide mitigation for 0.55 full-time equivalents (PTEs) at Category 4, which is equivalent to 0.38 Category 2 FTEs as provided by Code through extinguishment of a Certificate of Affordable Housing Credit. We look forward to working with the City of Aspen Community Development Department in connection with this application. 627 W. Smuggler Street, Aspen, CO (PID #273512409013) Application for Amendment of an ADU or Carriage House Development Order 25 May 2018 Page 1 3 Code Response 26.520.090 Amendment of an ADU or Carriage House Development Order C. Removing an ADU/Carriage House. An amendment application that proposes to physically remove an ADU or Carriage House from a property and vacate the deed restriction may be approved by the Community Development Director if all of the following criteria are met. To remove or decommission a Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met prior to complying with this subsection. The Property is not categorized as a Mandatory Occupancy ADU. For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35 Series 2015: 1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates specified in the current Aspen/Pitkin County Housing Authority Guidelines, as amended from time to time. (Commentary - The.38 figure reflects a typical ADU being a studio or one-bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.) The Applicant will provide rnitigation equivalent to 0.38 full-time equivalents (FTEs) at Category 2 prior to issuance of any permit required to accomplish the removal of the unit. This will be provided through extinguishrnent of 0.55 FTEs of Category 4 Certificates of Affordable Housing Credit. 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Once the physical changes necessary to remove the ADU have been accomplished and a final inspection issued by the Chief Building Official, a release of deed restriction acceptable to the City Attorney will be completed and filed with the Pitkin County Clerk and Recorder. For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2015 or for an ADU or Carriage House developed prior to this date which the applicant can demonstrate was not developed for affordable housing mitigation purposes or to meet the requirements of a Development Order. (In other words, the unit must have been a "voluntary" unit). Removing a voluntary unit may be approved by the Community Development Director if all of the following criteria are met. The ADU was developed prior to the adoption of Ordinance No. 35, Series 2015 and was developed to meet affordable housing rnitigation purposes in connection with the development of the Property. 627 W. Smuggler Street, Aspen, CO (PID #273512409013) Application for Amendment of an ADU or Carriage House Development Order 25 May 2018 Page 14 Attachment 1 Vicinity Map Air.1. (1 I -ir".9'~dilli/ 29 - 62 7, D ./.Em..9/ ......1/la.- m. I.-ilpr/nkillitsin'll.I . 3.plit 1 .Â¢ 'llms,Ii t jillfi 1. 2 riANCLF'~~ .-'-4 -'Jll./ â‚¬3Â· Â· 1 -0* la 0 32Â· il.. ' ,.Ve&5291/VI ~I#~-9II~~~~"'"-~ 3. 441, 2 1~ dix//I W Subject Property 627 W. Smuggler Street, Aspen, CO (PID #273512409013) Application for Amendment of an ADU or Carriage House Development Order 25 May 2018 g .Â»2 '. *94 Parcel ID: 273512409013 Pitkin County Parcel Report Report Created: 5/25/2018 3:13:09 PM W'SMUGGI.FR rS.7 '.1 .--~ t..:~ 1 r 0 ; r ' ./ I >3 - - 12 + I -V " -4 -:2 11.-=f... .1-1.,1 1 { â€žell-- 7 ./ 0 -' :/6 6A- 4 3-: ' 7' h i -Fill ~16Â£ -- -i Property Information Address (Assessor's Records) 627 W SMUGGLER ST Address (GIS Points) 627 W SMUGGLER ST Account R014559 Owner TMT VENTURES LLC Owner Address 787 SEVENTH AVE NEW YORK, NY 100196099 GIS Parcel Size 7535.88 Sq. Feet Jurisdiction Aspen Township, Range, Section T: 10, R:85, S:12 731. I.' ; fi~ jÂ«* Assedsor's Information '131FY Land Use Category 1112: Residential-Single Family Residence Legal Description Subdivision: OXLEY LOT SPLIT Lot: 1 OXLEY LOT SPLIT Improvements 5166 Sq. Feet Services Sewer System Aspen Consolidated Sanitation District Water District City of Aspen Water Service Area Fire District Aspen Fire Protection District School District Aspen School District No. 1 (RE) Boundaries :4,. Caucus Not within a Caucus Area Master Plan Area AACP Zone District Check with your municipality. Historic District Not within a Historic District. Watershed Drainage Woody Creek-Roaring Fork River Watershed Subbasin Brush Creek-Roaring Fork River . I Tax information â‚¬ h."P V ~ ..Â·Viddiale'Fifty 4.m". + .ir{, Â·.Â· , 4141 Auwtl PITKIN COUNTY GENERAL FND 2.325 $1,283.22 COUNTY TV/FM TRANSLATOR 0.271 $149.57 COUNTY ROAD & BRIDGE 0.173 $95.48 COUNTY HUMAN SERVICES 0.065 $35.87 HEALTHY COMMUNITY FUND 0.751 $414.49 ASPEN AMBULANCE DISTRICT 0.501 $276.51 OPEN SPACE & TRAILS 3.75 $2,069.70 PITKIN COUNTY LIBRARY 1.391 $767.72 , CITY OF ASPEN 5.096 $2,812.58 ASPEN FIRE PROTECTION 1.381 $762.20 ASPEN SANITATION DISTRICT 0.109 $60.16 ASPEN VALLEY HOSPITAL 2.587 $1,427.82 ASPEN SCHOOL DISTRICT 8.855 $4,887.25 COLORADO MTN COLLEGE 3.997 $2,206.02 COLORADO RIVER WATER CONS 0.254 $140.19 ASPEN HISTORIC PARK & REC 0.3 $165.58 Total 31.806 $17,554.36 Votinginformation1-I&~ Voting Precinct 4 State House District 61 State Senate District 5 Board of County Commissioners District(s) 2 U.S. House of 3 Representatives District Public Amenities *2#Ftt -0: I dÂ·k@Pkl 31* 4 Parks Nearby (1/2 Mile) Pioneer Park Hillyard Park Triangle Park Bugsy Barnard Park Koch Lumber Park Paepcke Park Yellow Brick School Park Armstrong AKA Crash Point Across The Pond Park Aspen Golf Mary B Trails Nearby (1/2 Mile) Hunter Creek Extension Racetrack Villas W Hallam St S Seventh St Meadows Community Garden Post Office E Hallam St Marolt Foot Path Golf Course Ajax - Little Cloud connector Grindley Bridge Puppy Smith Cemetery Lane E Hopkins Ave Meadows Rd Little Cloud Midland Trail Bugsy Barnard W Hopkins Ave Ajax Bergman Rio Grande Marolt Trueman Aspen Institute Red Brick Music Tent Midland - 3rd St Castle Creek Underpass Holy Cross Grindley W Hopkins Path Anan Qnorae Naorhâ€ž 11/9 Mila) Open Spaces Nearby (1/2 Mile) M ws Lot 4 Pit eserve Hallam Lake Thomas Ranch Reeder Holy Cross Electric Little Cloud Holden Marolt barn area Marolt Ranch Little Cloud Park Jenny Adair Park Barbee 1379 <lij t'L~ G t,k/ 4*el Disclaimer ~ 79 : 'f>;Fill'ho:k, f 4. 311.. 37 4* qÂ» Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. More information about Trails, Parks and Open Space can be found www.pitkinoutside.org. Visit the Pitkin County GIS Department at http://www. pitkinmapsand more.com . 1 ALTA OWNER'S POLICY (6-17-06) WESTCOR LAND TITLE ~ INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 Attachment 2 ~ WESTCOR POLICY NO. 5&*Mn LAND TITLE INSURANCE COMPANY OP-6-CO1045-6480059 ALTA OWNER'S POLICY (6-17-06) ISSUED BY ~ WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the , Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditious. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE j CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE j COMPANY, a South Carolina corporation (the "Company") insures, as ofDate ofPolicy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount 1 of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notaized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or 1 (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority 1 due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the I Title that would be disclosed by an acourate and complete land survey of the Land. The term ) 'encroachment" includes encroachments ofexistingimprovements located on the Land onto adjoining i land, and encroachments onto the Land of existing improvements located on adjoining land. r 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, WESTCOR LAND TITLE INSURANCE COMPANY Issued By: CO1045 * PCT25169 Pitkin County Title Inc, 4 **09 By 601 E. Hopkins #3 yeama 4, /40*4 d /964410/4 Se..9004*%% Aspen, CO 81611 #5:OSEALABS Â·/61:esi(leal j - 35* 1993 2Â»3 s. O'6%.CAP'~ *~~ Attest: 0** 1 'Secretkry OP-6 ALT~6-17-06 Owlier's Policy (WLTIC Edition 12/1/17) 1 4. No iÂ·ight of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regul*ation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment ofthe Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part ofthe Land, is recorded in the Public Records setting forth the violation orintention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a ~ notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only toÂ· i the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice ofthe exercise, describing any part of the Land, is recorded i in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without i Knowledge. 9. Title being vested other than as stated in Schedule A or being defective ' (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a i transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting i j Title as shown iii Schedule A because that prior transfer constituted a fraudulent or preferential transfer 1 under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer = under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. i 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks lthrough 9 that has i been created or attached or has been filed or recorded in the Public Records subsequent to Date of Pblicy and i prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- ofthis policy, ancl the Company will not pay loss or damage, costs, cords atDate ofPolicy, but Known to the Insured Claimant attorneys' fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured Claimant prior to the date tlie Insured Claimant became an 1. (a) Any law, ordinance, permit, or govermnelital regulation Insured under tliis policy; (including tliose relating to building and zoning) restricting, regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of'the Land; (d) attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any improve- Covered Risk 9 and 10); or ment erected on the Land; (e) resulting in loss or damage that would not have been (iii)the subdivision ofland; or sustained if the Insured Claimant had paid value for the (iv) environmental protection; orthe effectof any violation Title. oftheselaws, oidinances, or governmental regulations. This Exclusion Ha) does notmodifyorlimitthecover- 4. Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction age provided under Covered Risk 5. vesting the Title as shown in Schedule A., is (b) Any governmental policepower. This Exclusion 1(b) does __1 -- (a) a fraudulent conveyance oi fi-audulent transfer; 01Â· - --- - -------- not modify or limit tile coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated iii Covered Risk 9 of this policy. 2. Rights of eminent domain. This Exclusion does not modify or liinit the coverage provided under Covered Risk 7 or 8. 5. Any lienonthe Title forrealestate taxes or assessineiits imposed by governmental authority and created or attaching betweeii 3. Defects, liens, encumbrances, adverse claims, or other mat- Date of Policy and the date of recording oftlie deed or other , ters instrument of transfeiÂ· iii tile Public Records that vests Title as (a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A. Claimant; OP-6 ALTA 6-17-06 Ouiier's Policy Page 2 CONDITIONS AND STIPULATIONS 1. DEFINITION OFTERMS Records" shall also inchide environmental protection liens filed in the records oftlie clerk of the Uiiited States District Court The following terms when used iii this policy mean: for the district where tlie Land is located. (a) "Aniount of Insurance": Tlie amount stated iii Schedule A, as may be increased or decreased by endorsement to this policy, (i) "Title": The estate or interest described iii Schedule A. increased by Section 8(b), or decreased by Sections 10 and 11 (k) "Uninarketable Title": Title affected by ati alleged or apparent of tliese Conditions. niatter that would permit a prospective purchaser oi lessee of the Title or lender on the Title to be 1-eleased from the obligation (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. to purchase, lease, 01Â· lend if there is a contractual condition requiring the deliveiy of niarketable title. (c) "Entity": A corporation, partneiship, trust, limited liability company, or other similar legal entity, 2. CONTINUATION OF INSURANCE ' (d) "Insured": The Insured named in Schedule A. The coverage of tliis policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains i (i) The term "Insured" also includes an estate or interest iii the Land, or holds an obligation secured by a f (A) successors to the Title of the Insured by operation of purchase money Moitgage given by a purchaser from the Insured, L law as distinguished from purchase, including heiiÂ·s, or only so long as the Insured shall have liability by reason ofwar- devisees, survivors, personal iÂ·epresentatives, or next rantiesin any transfer or conveyance oftheTitle. This policy shall ofkin; not continue in force in favor of any purchaser from the Insured , (B) successors to ati Insured by dissolution, merger, con- of either (i) an estate or interest iii the Land, or (ii) an obligation solidation, distribution, or reorganization; secured by a purchase money Mortgage given to the Insured. 1 (C) successors to an.InsuiÂ·ed by its conversion to another 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED kind of Entity; CLAIMANT i (D) a grantee of an Insured under a deed delivered without The Insured shall notify the Company promptly in writing (i) in payment of actual valuable consideration conveying case of aiiy litigation as set forth iii Section 5(a) ofthese Condi- the Title tions, (ii) in case Knowledge shall come to an Insured hereunder of (1) if the stock, dhares, memberships, or otlier equity any claim oftitle or interest that is adverse to the Title, as insured, interests of the grantee are wholly-owned by the and that miglit cause loss or damage for which the Company may iianied Insured, be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by (2) if the grantee wholly owns the named Insured, the failure of the Insured Claimant to provide prompt notice, the (3) if the grantee is wholly-owned by an affiliated Company's liability to the Insured Claimant under the policy sliall Entity ofthe named Insured, provided the affiliated be reduced to the extent of the prejudice. Entity and the named Insured are both wholly- 4. PROOF OF LOSS owned by the same person or Entity, or (4) i f the grantee is a trustee or beneficiary of a trust. In the event the Company is unable to detei'mine the amount of loss created by a written instrument established by the 01Â· damage, the Company may, at its option, require as a condition Insured named iii Scliedule A for estate planning of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must desciÂ·ibe the defect, lien, encumbrance, or purposes. other matter insured against by this policy that constitutes the basis (ii) With regard to (A),(B),(C), and (D) reservini however, all of loss or damage and shall state, to the extent possible, the basis rights and defenses as to an-y successor that the Company of calculating the amount ofthe loss or damage. would have had against any predecessor Insured. 5. DEFENSE AND PROSECUTION OFACTIONS Ce) "Insuied Clainiant": An Insured claiming loss or daniage. (f) "Knowledge" or "Known": Actual knowledge, not construe- (a) Upon written request by the Insured, and subject to the options contained iii Section 7 of these Conditions, the Company, at tive knowledge or notice that may be imputed to ati Insured by its own cost and without unreasonable delay, shall provide for reason of the Public Records or any other records that impart the defense of an Insured in litigation in which any third patty consti-iictive notice of matters affecting the Title. asserts a claim covered by this policy adverse to the Insured. (g) "Land": The land described in Schedule A, and affixed improve- Tllis obligation is limited to oilly those stated causes of action ments that by law constitute real property. The terni "Land" alleging matters insured against by this policy. The Company does not inchide any property beyond the lines of the Elita sliall havelheriglitto select counsel of its choice (subjectto tlie described in Schedule A, nor any right, title, interest estate, or right of tile Insured to object for reasonable cause) to represent easement iii abuttiiig streets, 1Â·oads, aveiiues, alleys, lanes, ways, the Insured as to tliose stated causes of action. It shall not be or waterways, butthis does not modify or limittheextent thata liable for ancl will not pay the fees ofany other counsel. The right of access to aiid from the Land is insured by this policy. Company will not pay any fees, costs, or expenses incurred by (Ii) "Mortgage": Mortgage, deed of trust, trust deed, or otheiÂ· secu- the Insured iii the defense of those causes of action tliat allege iÂ·ity instruinent, including one evidenced by electionie means matters not insured against by this policy. authorized by law. (b) The Company shall have the right, in addition to the options (i) "Public Records": Records established under state statutes at contained in Section 7 oftliese Conditions, at its own cost, to Date of Policy for the purpose ofimparting constructive notice institute and prosecute any action or proceeding or to do any of matters relating to real property to purchasers for value and other act that in its opinion may be necessary or desirable to { without Knowledge. With respectto Covered Risk 5(d), "Public establish the Title, as insured, or to prevent or reduce loss or i OP-6 ALTA 6-17-06 Omier's Policy i Page 3 . CONDITIONS AND STIPULATIONS -CONTINUED daniage to the Insured. The Company may take any appropri- curred by the Insured Claimant that weiÂ·e authorized by the Com- ate action under the terms ofthis policy, whether or not it sliall pally up to the time of payment or tender of payment and that the 1 be liable to the Insured. The exercise of these rights shall not Company is obligated to pay. be an admission of liability or waiver ofany provision of this Upoti tlie exercise by the Company of tliis option, all liability and policy. If the Company exercises its rights under this subsec- obligations of the Cotiipany to the Insured underthispolicy, other i tion, it must do so diligently. than to make the payineiit required iii this subsection, shall tel'mi- (c) Whenever the Company brings an action orasserts adefenseas nate, including any liability or obligation to defend, prosecute, or ~ required or permitted by this policy, the Company may pursue continue any litigation. the litigation to a final determination by a court of competent (b) To Pay or Otherwise Settle With Parties Other Than the Insured - jurisdiction, and it expressly reserves the right, iii its sole dis- or With the Insured Claimant. cretion, to appeal any adverse judgment or order. (i) To pay or otherwise settle with other parties for or iii the : 6. DUTY OF INSURED CLAIMANT TO COOPERATE name of an Insured Clainiant any claim insured against i under this policy. Iii addition, the Company will pay any : (a) In all cases where this policy permits oriequires the Company to prosecute or provide for the defense of any action or proceeding costs, attorneys'fees, and expenses incurred by the Insured ; and any appeals, the Insured shall secure to the Company the Claimant that were authorized by the Company up to the i right to so prosecute or provide defense in the action or pro- time of payment and that the Company is obligated to pay; 1 or J ceeding, including the right touse, at its option, the naine ofthe Insured for this purpose. Wheneverrequested by the Company, (ii) To pay or otherwise settle with the Insured Claimant the I the Insured, at the Company's expense, shall give the Company loss or damage provided forunderthis policy, together with i all reasoiiable aid (i) in securing evidence, obtaining witnesses, any costs, attorneys' fees, and expenses incurred by the 1 prosecuting or defending the action orproceeding, 01Â· effecting Insured Claimant that were authorized by the Company up settlement, and (ii) in any other lawful act that in the opinion to the time of payment and that the Company is obligated of the Company may be necessary or desirable to establish to pay. the Title or any otlier matter as insured, If the Company is Upon the exercise by the Company ofeither oftlie options provided piejudiced by the failure of the Insured to furnish the required for iii subsections (b)(i) or (ii), the Company's obligations to the cooperation, the Company's obligations to the Insured under Insured under this policy for the claimed loss or damage, other the policy shall terminate, including any liability or obligation than the payments required to be niade, sliall terminate, including to defend, prosecute, or continue any litigation, witli regard to any liability or obligation to defend, prosecute, or continue any the matter or matters requiring such cooperatioii. litigation, (b) The Company may reasonably require the Insured Claimant to subniit to examination under oath by any authorized repiÂ·esenta- 8. DETERMINATION AND EXTENT OF LIABILITY tive oftlie Company mid to produce for examination, inspection, This policy is a contract of indemnity against actual monetary loss and copying, at such reasonable times and places as may be or daniage sustained or incurred by the Insured Claimant who has designated by the authorized representative of the Company, suffered loss or damage by reason of matters insured agaiiist by all records, iii whatever medium maintained, including books, this policy. ledgers, checks,memoranda, conÂ·espondence, reports, c-inails, disks, tapes, and videos whether bearing a date before or aftelÂ· (a) Tlie extent of liability ofthe Company for loss or damage under this policy shall not exceed the lesser of Date of Policy, that reasonably peitain to the loss or damage, Further, if requested by any authorized representative of the (i) the Amount of Insurance; or Company, the Insured Claimant shall grant its permission, iii (ii) the difference between the value ofthe Title as insured and 1 writing, for any authoi-ized representative of the Company to the value of the Title subject to the risk insured against by j examine, inspect, and copy all ofthese records in the custody or this policy. control ofathird party tliat reasonably pertain to the loss or dam- age. All information designated as confidential by the Insured (b) If the Company pursues its riglits under Section 5 of these : Conditions and is unsuccessfulÂ· in establishing the Title, as Claimant provided to the Company putÂ·suatitto this Section shall 3 insured, not be disclosed to others unless, in theleasonable judginentof j the Company, it is necessary in the administration of the claim. (i) the Amount of Insurance shall be increased by 10%, and T Failure ofthe Insured Clainiantto submit for examination under (ii) the Insured Claimant shall have tile right to have tile loss oath, produce any reasonably requested information, or grant or dainage determined either asÂ·oftlie date the claim was permission to secure reasonably necessary information from i made by the Insured Claimant or as ofthe date it is settled - third parties as required in this subsection, unless prohibited by and paid, hw orgovernmental regulation, sliall terminate any liability of --- i the Company under this policy as to that claim, (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses = 7. OPTIONS TO PAY OR OTHERWISE. SETTLE incurred iii accordance with Sections 5 and 7 of these Condi- CLAIMS; TERMINATION OF LIABILITY tions. In case of a claim under this policy, the Company shall have the 9. LIMITATION OF LIABILITY following additional options: (a) If the Company establishes the Title, or removes the alleged (a) To Pay or Tender Payment of the Amount of Insurance. defect, ]ien, or encumbrance, or cures the lack of a right of ac- To pay or tender payinent of the Aniount of Insurance under this cess to or from the Land, orÂ· cures the claim of Unmarketable policy together with any costs, attorneys' fees, anci expenses iii- Title, all as insured, in a reasonably diligent imanner by any OP-6 At.TA 6-17-06 Owner's Policy Page 4 ~,1-F- '*I ~~ %.r'T,r."~-r-'-.' ~nrin*'ll.~~-T~Â·'-,Irrn--Iâ€¢Â·-â€¢1-1.-',r:". method, including litigation and the conipletion of any appeals, no joinder or consolidation with claims or controversies ofotlier it shall have fully performed its obligations with respect to that persons. Arbitrable matters may include, but are not limited to, matter and shall not be liable for any loss or damage caused to any controversy or claim between the Company and tile Insured the Insured. arising out of or relating to this policy, any service in connection { (b) In the event ofany litigation, including litigation by tile Com- with its issuance orthe breacliof a policy provision, or to any other 1 pany or with the Company's consent, the Conipany shall have coiitroversy or claim arising out ofthe transaction giving rise to 1 11 o liability for loss or damage until there has been a final deter- this policy. All arbitrable matters when the Amount of Insurance , mination by a court ofcompetentjurisdiction, and disposition is $2,000,000 or less shall be arbitrated at the option of either the of all appeals, adverse to the Title, as insurÂ·ed. Company or tile Insured, All arbitrable matters when tile Amount of Insurance is iii excess of $2.000,000 shall be arbitrated otily (c) The Compaiiy shall not be liable for loss or damage to the when agreed to by both the Company ami the Insured. Arbitration i Insured for liability voluntarily assumed by the Insured iii set- pursuant to this policy and under the Rules sliall be binding upon i tling any claim or suit without the prior written consent of the thepaities. Judgment upon the award rendered by the Arbitrator(s) Company. may be entered in any court ofcompetentjurisdiction. 10. REDUCTION OF INSURANCE; REDUCTION OR 15. LIABILITY LIMITED TO THIS POLICY; POLICY TERMINATION OF LIABILITY ENTIRE CONTRACT All payments under this policy, except payments made for costs, (a) This policy together with all endorsements, if any, attached to i attorneys' fees, and expenses, shal] reduce the Amount of Insurance q itbythe Company istheentirepolicyand contract betweenthe by tlie amount of the payment. Insured andthe Company. Ininterpreting any provision ofthis : 11. LIABILITY NONCUMULATIVE policy, this policy shall be construed as a whole. The Aniount of Insurance shall be reduced by any amount the (b) Any claim of loss or damage that arises out ofthe status ofthe I Company pays under any policy insuring a Mortgage to which Title or by any action asserting such claim shall be restricted . to this policy. exception is taken in Schedule B orto which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after (c) Any amendment of or endorsement to this policy must be in < Date of Policy and which is a charge or lien on the Title, and the writing and authenticated by an authorized person, or expressly i amount so paid shall be deemed a payment to the Insured under incorporated by Schedule A of this policy. 1 this policy, (d) Each endorsement to this policy issued at any tilne is made a J 12. PAYMENT OF LOSS part ofthis policy and is subject to all ofits terms and provi- sions. Except as the endorsement expressly states, it does not : When liability and the extent of loss or damage have been definitely (i) inodify any of the terms and provisions of the policy, (ii) 5 fixed in accordance with these Conditions, the payment shall be modify ally prior endorsement, (iii) extend the Date of Policy, made within 30 days. or (iv) increase the Aniouiit of Insurance. i 13. RIGHTS OF RECOVERY UPON PAYMENT OR 3 16. SEVERABILITY SETTLEMENT , In the event any provision ofthis policy, in whole orin part, is held 1 (a) Whenever the Company shall have settled and paid a claim invalid or unenforceable under applicable law, the policy shall be i under this policy, it shall be subrogated and entitled to the deemed nottoincludethatprovision orsuch partheld tobeinvalid, } rights of the Insured Claimant in the Title and all other rights but all other provisioils shall remain in full force and effect. i and remedies in tÂ·espect to the claim that the Insured Claimant ~ has against any person or property, to the extent ofthe amount 17. CHOICE OF LAW; FORUM j of any loss, costs, attorneys' fees, and expenses paid by the (a) Choice of Law: The Insurecl acknowledges the Company has i Conipany. If requested by the Company, the Insured Clainiatit underwritten the risks covered by this policy and determined ; shallÂ·execute documents to evidence the transfer to the Com- the premium charged therefor iii reliance upon the law affecting i paiiy of these rights and remedies. The Insured Claimant shall interests iii real property ancl applicable to the interpretation, f permit the Company to sue, compi'oinise, or settle in the name rights, remedies, or enforcement of policies of title insurance of the Insured Claimant and to use the name of the Insured of the jurisdiction where the Land is located. Claimant iii any tratisaction oiÂ·litigation involving these riglits and remedies. Therefore, the court or ati arbitiator shall apply the law oftlie jurisdiction wherethe Landislocated todeterminethe validity j If a payment on account of a claim does not fully cover the loss of claims againstthe Title that are adverse to die Insured and to of the Insured Claimant the Company shall defer the exercise interpret and enforce the terms of this policy. Iii neither Case of its right to recover until after the Insured Claimant shall have shall the court or arbitrator apply its conflicts of law principles recovered its loss.__ __ ____ to determine tile applicable law. (b) The Company's right of subrogation includes the rights of the (b) Choice of Forum: Any litigation or other proceeding brought Insured to indemnities, gumÂ·anties, other policies of hisurance, by the Insured against the Company must be filed only iii a or bonds, notwitlistanding any terms or conditions contained state or federal court within the United States ofAinerica or its iii those instruments that address subrogation i-iglits. territories having appropriate jurisdiction. 14. ARBITRATION 18. NOTICES, WHERE SENT Either tlie Company or the Insui-ed may demand that the claim or Any notice of claim and any other notice or statement in writing controversy shall be submitted to arbitration pursuant to the Title required to be given to the Company under this policy must be Itisurance Aibitration Rules of the Ainerican Land Title Associa- given to the Company at: Westcor Land Title Insurance Company, tion ("Rules"). Except as provided iii the Rules, there shall be Attn.: Claims, 875 Concourse Parkway Sollt]1, Suite 200, Maitland, FL 32751. OP-6 ALTA 6-17-06 Owner's Policy Page 5 ,Owner's Policy of Title Insurance - Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, 1 Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 627 W SMUGGLER.ST, ASPEN, CO 81611 File No.: PCT25169W5 Policy No.: OP-6-CO1045-6480059 Amount of Insurance: $7,250,000.00 Premium: $ 11,885.00 Date of Policy: April 3, 2018 @ 11:09 AM Simultaneous #: Reinsurance #: 11498 1. Name of Insured: TMT VENTURES LLC, a Kansas limited liability company 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: TMT VENTURES LLC, a Kansas limited liability company 4. The Land referred to in this policy is described as follows: LOT 1, OXLEY LOT SPLIT SUBDIVISION, according to the Plat thereof recorded May 19, 1994 in Plat Book 34 at Page 50. Issued By 76&2-* Authorized Signatory SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT25169W5 April 3, 2018 @ 11:09 AM OP-6-CO1045-6480059 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are 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 that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which 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; proceedings by a public agency which 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. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2018 and subsequent years only, a lien not yet due and payable. 9. Mineral reservations as set forth in Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216. 10. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded December 28, 1887 in Book 59 at Page 215 and recorded August 9, 1888 in Book 59 at Page 469 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 57, Series of 1993 by City Council of Aspen recorded May 12, 1994 in Book 750 at Paqe 365. 12. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 19: 1994 in Book 750 at Page 953. 13. Terms, conditions, provisions and obligations as set forth in Curb and Gutter Improvement Agreement recorded May 19, 1994 in Book 750 at Page 958. 14. Easements, rights ofway and all matters as disclosed on Platof subject property recorded May 19, 1994 in Plat Book 34 at Page 50. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded September 26, 1997 as Reception No. 408853 as Resolution No. 97-23. 16. Terms: conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restriction recorded October 17,1997 as Reception No. 409581. (Continued) POLICY NO. OP-6-601045-6480059 CASE NO. PCT25169W5 SCHEDULE B-OWNERS -EXCEPTIONS--CONTINUED-- 18. Encroachments of the paved walk and fence as disclosed by Survey of Aspen Survey Engineers, Inc, dated : February 2018 and updated March 2018 as Job No. 48017. , EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER - PARAGRAPH NUMBER 5 (WATER RIGHTS). 1 Obligatory Insurance Fraud Statement: We are obligated by Colorado Law (CRS 10-1-128) to provide ihe following statement: 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 or 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 policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder 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. IState: CO County PITKIN I Agent Number: CO1045 Order Number:PCT25169\N5I CLTA FORM 110.1 DELETION OF ITEM FROM POLICY : Attached to and forming a part of i Policy No, OP-6-CO1045-6480059 Issued by , WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraph(s) 1,2,3,5,6 and 7 of Schedule B, except for subsection (d) under : paragraph number 5 (Water Rights). This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (ili) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated April 3,2018 -420Â« Authorized Signatory ..... Attachment 3 TMT Ventures LLC Mr. Michael Triplett Managing:Membet c/o Janice E Levine 787 Seventh Avenue New York, NY10019 (212) 728-8699 21 April 201.8 Mr. justin Barker Senior Planner City of Aspen Community Development DepartrnehtÂ· 130 S. Galena Street Aspen, CO 81611 Re: Authorization to SON-nit Land Use-Â·Applications Dear.Justin: This letter isÂ·to certify that 1, Michael Triplett, Managing Member of TMT Ventures LLC, owner of the property located at 627 W. Smuggler Street, Aspen, CO (PID # 273512409013) (the> .'?Property"), give Stan Clauson Associates; Inc., and its staff pelmission to represent us in discussians with the City of Aspen regarding land use applicalions in Connection with the Property. :TMT Ventures LLC has retained this firm to represent us regarding tho Property. If you should have any questions about this matter please do not hesitate to contact me. ContactÂ·information'fot Stdn Clauson Associates is as follows: Patrick S. Rawl.ey, AICP, ASLA Stan Clauton Asjociates, Inci. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 Vefy Trok,Yooft-u----------- Michael Triplett Managing Member TMT Ventures LLC Attachment 4 0 . .. D .A. Homeownef Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the propetty owner. Name: TMT Ventures LLC Properly 4,1.\. . Owner C i ,- Email: ilevine@wilkie.com Phone No.: 212-728-8699 Address of Property: 627 W.-Sfrjuggler Street, Aspen, CO v (subject of application) 1 Certify as follows: (pick one) Â® This property is not subject to a homeowners associationor other form of private covenant El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document i~a public document. Owner signature: date: 61(,~\\b Owner printed name: Michael Triplett, Managing Member, TMT Ventures LLC Or: Attorney signature: date: Attorney printed name: November 2017 City of Aspen I 130 S. Galena St. I (970) 920-5090 Attachment 5 CITY OF ASPEN PRE=APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: April 6, 2017 PROJECT: 627 W. Smuggler REPRESENTATIVE: Patrick Rawley, Stan Clausen Associates TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The owner is interested in providing cash-in-lieu mitigation or a certificate of affordable housing credit to remove the deed restricted Accessory Dwelling Unit (ADU) at 627 W. Smuggler. Approved in 1997 via P&Z Resolution No. 23, the residence was built with a below grade deed restricted ADU (reception no. 409581). To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the forrm of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use Application Form for your convenience: https://www.citvofaspen.com/DocumentCenter/View/1835 RECEIVED The City of Aspen Land Use Code can be accessed at: MAY 2 5 2018 https://www.citvofaspen.com/191/Municipal-Code CITY OF A:Becd Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.C Removing an ADU/Carriage House Review by: Staff for application completeness and Community Development Director for decision Public Hearing: N/A Planning Fees: $975 planning deposit for up to three billable hours. Additional/lesser hours billed/refunded at $325 per hour. Total Deposit: $975 To apply, submit one complete copy of the following information: ASLU ADU/Carriage House 627W. Smuggler D Completed Land Use Application and signed fee agreement. U Pre-application Conference Summary (this document). Il 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. [3 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. E HOA Compliance form Â¤ A letter of consent from the owner of the East Unit m Written responses to all review criteria in Sec. 26.520.090.C O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: Il Total deposit for review of the application. Â¤ 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. rfcg,clvCU MAY + 018 CITY OF ASPEN COMMLMITY DEVELOPMENT ~----J~~"- COMMUNITY DEVELOPMENT DEPARTMENT ~ Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner (17: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) U This property is not subject to a homeowners association or other form of private covenant. Â¤ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. Â¤ This property is subject to a homeowners association or private covenant and the improvements proposed in this land lise application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: datel, Owner printed name: 9Â£1 Attorney signature date... Attorney printed name: