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Home My WebLink AboutLand Use Case.1015 Waters Way.0043.2018.ASLU. .. 1 1.1 3 0043.2018.ASLU 1015 WATERS AVE ~ 1 3 DEMENSIONAL VARIENCE 2737182 82 002 6~ U 'oil B PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0043.2018.ASLU PARCEL ID NUMBERS 2737 182 82 002 PROJECT ADDRESS 1015 WATERS WAY PLANNER KEVIN RAYES CASE DESCRIPTION DEMENSIONALVARIANCE REPRESENTATIVE GRETCHEN GREENWOOD DATE OF FINAL ACTION 8.15.2018 CLOSED BY BONNIE SHILES 10/08/18 RESOLUTION NO. 3 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT DENYING FOR A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1959 IN DITCH BOOK 2A AT PAGE 252, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 1015 WATERS AVENUE. Parcel ID No: 2737-182-82-002 WHEREAS, the Community Development Department received an application for 1015 Waters Ave (the Application) from Evelyn F. Hemming Trust (Applicant), represented by Gretchen Greenwood, Gretchen Greenwood Architects for the following land use review approvals: â€¢ Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15) and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete - June 11, 2018, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed theÂ·Application at a duly noticed public hearing on August 9,2018; and. WHEREAS, during a duly noticed public hearing on August 9, 2018, the Board of Adjustment denied Resolution 3, Series of 2018, by a 4 to 1 (4-1) voting to deny a Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, the Board of Adjustment hereby denies a front yard variance request to reduce the minimum front yard setback from 25-ft. to 16-ft. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. @1111111'lliliHilizillf ilill - ..m 11 RECEPTION#: 649587, R: $18.00, D: $0.00 Board of Adjustment DOC CODE: RESOLUTION Pg 1 of 2, 08/15/2018 at 01:44:55 PM Resolution No. 3, Series 2018 Janice K. Vos Caudill, Pitkin County, CO Page 1 of 2 Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, denied this 9th day of August, 2018. Approved agg form: Approved as to conknt: 04-01 2. A lif 4- Co Andrea Aryan, Assistant City Attorney Andrew Sandier, Chair C Attest) ad, L 40 . C >((-A fuY VO/1 ")41:71 - Â· L/Linda Manning, City Clerk~ Board ofAdjustment Resolution No. 3, Series 2018 Page 2 of 2 4*Râ€¢mM CITYOFASPEN MEMORANDUM TO: Board of Adjustment FROM: Kevin Rayes, Planner THRU: Jennifer Phelan, Deputy Planning Director RE: 1015 Waters Avenue, Front Yard Setback Variance Review Resolution No. _, Series of 2018 MEETING DATE: August 9, 2oi8 APPLICANT: Evelyn F. Hemming Trust, 311 Midland Avenue, Aspen CO 8i6ii .5%~1,0.6 *Al- .>n - 41:dihitf'f ;/Anic}:...9 44<31 -- 2-*~sarf:'A- REPRESENTATIVE: -34*â‚¬t 62746Â· i A ~le- Gretchen Greenwood, Gretchen Greenwood Architects, Inc. Â»Mi,vÂ·Â· /2...5 bu- 1 1 3.-, sir#. 34-2. 1-,/44 -4 LOCATION: ..7 11 n. . A 1., LL.,A Y 1015 Waters Avenue 9 Figure 1: Vicinity Map .-2 CURRENTZONING: Moderate Density Residential -vff 1-.1- (R-i5) SUMMARY: The applicant requests a 9-ft. variance .- from the minimum front yard setback (25' to 16') to redevelop this site with a single- e. family residence. The request is based , upon the location of a ditch easement in Figure 2: 1015 Waters Ave, looking southeast the southwest corner of the property, ncreasing setback requirernents within STAFF RECOMMENDATION: the area. Staff does notsupportthe frontyard setback variance request and therefore recommends denial of the project. Page 1 of 4 13~ South Galena Street Aspen, CO 81611-1975 I P: 970,920.5000 I F: 970.920.5197 1 cityofaspen.com 4 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approvals from the Board of Adjustment: â€¢ Variance (Chapter 26.314) to grant a dimensional variance to redevelop this site from the dimensional front yard setback requirement of the R-15 zone district (The Board of Adjustment is the final review authority). BACKGROUND: 1015 Waters Avenue contains a single-family dwelling located in the R-15 zone district and is non- conforming with regard to lot size. The lot is approximately 60-ft. wide by 100-ft. deep. A ditch is located along the southwest corner of the property. The R-15 zone district has a minimum front yard setback of 25-ft. and 10-ft. minimum setbacks forthe rear and side yards. Additionally, the ditch has a prescriptive easement associated with it, which prohibits the placement of a structure within io-ft. of the centerline of the ditch. Figure 3: 1015 Waters Avenue Site 926' ill . - fi~.1~ - .- o V DIg 1 64 -. . 9 f ' . 940 . 2â‚¬ter Av, 4 1* 4% 2- 199 2 ''~ 9 - 607â€ž 09 t 911 19 4% 4 05 ~~r, *,t.~ , ..11Mkt>* * b ;FAL , . 1023 015 - : -Mb 5. N#'. 4 'â‚¬ d + ' 0 i - =17-4 -4, Â£ lh- 2~6 ~ A-". 6,i 1111 The applicant proposes to demolish the existing single-family dwelling and replace it with a new single-family dwelling. The applicant requests a 9-ft. variance from the minimum front yard setback (from 25' to 16') to accommodate the new structure. The request is due to the ditch easement in the southwest corner of the property, increasing setback requirements within the area. The proposed dwelling was designed to meet the required 25-ft. front yard setback and 10-ft. rear and side yard setbacks but does not accommodate the prescriptive 10-ft. ditch easement. The applicant believes the presence of the ditch easement on the non-conforming lot creates a development hardship. The applicant is stating thatthe 9-ft. front yard setback variance request isthe minimum necessary forthe proposed structure to meet the prescriptive easement requirement outlined by the engineering department (see Figure 4). Page 2 of 4 Figure 4: ioif-WatersAve Proposed Site Plan Waters Al) enue r N 7%09,1 C W 60.00' 1 Ide'l 't *i m ' *-6-018 -2, -fo , it / 02-9 Ill . N - 0 . < ~2232-2-~ - m % V 2 2 9 2 request / 20 12*il r E.0 r,11 JIL \ / 25-ft. - required -1 1 setback REOUIREr WOE StleACK ,0 ~ REQUIRED SID: SETBACK CLri. ill f/ 1 -b' 1 ....2\J 1 11 UttÂ« Fm- A 1 I lili )45 \14Â¢it_ 4<F - . \.0 ~ 44.11 c L N~09' 17Â» 1 60.00Â· u 10-ft. - 01704 Ditch Â·IOUTDOOR PATIO Easement - BUILDING Page 3 of 4 .00'00# S .6*,09.*1 N S 14'50'49" F 100.00' -:5 - - Illillill HE).Lladj73< REVIEWS: SETBACK VARIANCE: The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved bythe City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City has the ability to grant a variance to avoid a "regulatory taking". The property owner must demonstrate that his rights, as compared with owners of similar properties, have been deprived. In considering this criterion, the Board of Adjustment must consider unique conditions inherenttothe property but which are notthe result of the applicant's actions. Staff Comment The R-15 zone district has a minimum front yard setback of 25-ft. Although 1015 Waters Ave is a non- conforming parcel located in this zone district, staff believesthatthe required setback does not create a development hardship that is unique to this parcel. Theio-ft. ditch easement requirement does impact a corner of the lot, but not the entire rear of the yard and could be accommodated with a modified design. Additionally, the Parks Department has stated that allowing a reduced front yard setback for the property would impact the trees in the front yard. The Parks Department wishes to retain these trees. Mitigation would be required for any removals, which could be offset with plantings of trees elsewhere on the property or by a fee-in-lieu. There may be opportunityto excavate within the dripline of the trees and to keep them in the landscaping setting. The required distances from the trunks of trees will be determined bythe City Forester. RECOMMENDATION: Staff recommends that the Board of Adjustment deny the granting of a setback variance for the redevelopment of a single-family dwelling. The criteria require that reasonable use of the parcel be achieved by granting of a variance or that a unique, site-specific condition warrants a variance. Although the proposed dwelling was designed to meet the floor area maximum and the setback requirements of the R-r15 zone district, it encroaches on the 10-ft. ditch easement. Properties often need to accommodate physical features such as tree location or steep slopes. An alternative design could accommodatethisditch easementorlessenthe variance request. PROPOSED MOTION: Staff recommends denial of the request. Two motions are proposed. The first approves the resolution whilethe second deniesthe resolution. Motion i. " I move to approve Resolution , Series 2018, granting approval fora Front Yard Setback Variance asdepicted in Exhibit A tothe Resolution. If the Board decides that the criteria are not met for a Variance, the following motion may be used: Motion 2. "I move to deny Resolution , Series 2018, granting approval for a Front Yard Setback Variance as depicted in ExhibitAtothe Resolution. Attachments: Exhibit A - Variance Review Criteria, Staff Findings Exhibit B - Application Exhibit C - Affidavit of Public Notice Exhibit D - Public Comments Page 4 of 4 Exhibit A -Variance Review Staff Findings Chapter 26.314, Variance A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: The purpose ofthe City's land use code is very general. It does, ho-weven speak to the legitimate rights and reasonable expectations of property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. Staff finds the criteria not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff FindinES: The 10-ft. ditch easement requirement does impact a corner of the lot but not the entire rear of the yard and could be accommodated with a modified design. Staff finds the criteria not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Findings: Although the proposed dwelling complies -with the floor area maximum and was designed to meet the setback requirements of the R-15 zone district, it encroaches on the 10-ft. ditch easement. Properties often need to accommodate physical features such as tree location or steep slopes. An alternative design could accommodate this ditch easement or lessen the variance request. Staff finds the criteria not met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Receipt of a setback variance would grant special privilege of the proposed dwelling to avoid the setback requirements of the R-15 zone district. Staff finds the criteria not met. Karun ( AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERIY: LOG \NalÂ«'5 AM , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -TRu,rs A-Â© 9 4-1.gof'0Â¥0, 520\% STATE OF COLORADO ) ) SS. County of Pitkin ) I, 4-1 Â©co-0Â« - (name, please print) being or representing an Applicant to thâ‚¬lity of Aspen, Colorado, hereby personally certify that I have_ complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty--six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice Was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conductedÂ·prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part o f a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. A-el GoÂ»--f Signatu?e The foregoing "Affidavit ofNotice" was acknowledged before me this 19 day , 20\1' by AÂ¥.4.hâ‚¬lah ~6*-43- IP Or & 8 fo=. a . I *f-sesyl),tagg:=9:92:9-55-22&*WEâ‚¬* a WITNESS MY HAND AND OFFICIAL SEAL * Fi i kil 15 bid fwi #3 1 :,ti) 3:Â°W - a;'118,1 12,91;16,2-; 91-aileR; le My commission expires: 4 lo LJO 576Â®29 :8*42.1< .9 4 i fil,Jii fitilicilii i:KE@399 Â», 4Â« Fud_ 91*920Â« e. 18%2 i M z gf:i 22 6 9-3.-1- as:-liga: 1% Notary Public -O.922Â®Pi 5 ;12& i l &209:228m %:NES 93 .3 ~ EAD* %1 1 %1*382#21 *,1/g %% & i fit f i 'litijil illip ai KAREN REED PATTERSON NOTARY PUBLIC ATTACHMENTS AS APPLICABLE: STATE OF COLORADO NOTARY ID #19964002767 â€¢ COPY OF THE PUBLICATION My Commission Expires February 15,2020 â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Ke.~An r.* Exhibit C- Affidavit of Public Notice AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPER)'Y: lol.5 \NoÂ»-5 AM , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 3-Rt x.rs Al~ 9 44.20 fir' ,20\5 STATE OF COLORADO ) County of Pitkin ) I, gL~-lA Sce---\ - (name, please print) being or rep?esenting an Applicant to thility of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) of the Aspen Land Use Code in the following manner: Publidation of notice: By Ge publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. - Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Exhibit C- Affidavit of Public Notice Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. , The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and. new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Â§~d< 6- Signatu)e The forggoing "Affidavit ofNotice" was acknowledged before me this 19 day ofâ‚¬ - b , 20\_S_, by A-Â«eu 26-4.Ey- NOTICE OF PUBLIC HEARING RE: 1015 Waters Avenue WITNESS MY HAND AND OFFICIAL SEAL Public Hearing: Thursday, August 9,2018,4:30 PM Meeting Location: City Hall, Council Chambers 130 S. Galena St. Aspen, CO 81611 Project Location: 1015 Waters Avenue, Legally De- My commission expires: 4 0 <,10 scribed as: Lots D and E, Block 41. East Aspen Ad- dition to the City and Townsite of Aspen, According to the Plat Thereof Recorded August 24, 1959 in Ditch Book 2A at Page 252, County of Pitkin, Slate of Colorado Description:The applicant, Evelyn F. Hemming L Fud- 9*92â€¢r- Trust, 311 Midland Avenue Aspen, CO 81611, re- guests a 9-foot variance from the minimum front Notary Public yard setback (25' to 16') to redevelop this site with a single-family residence. The request is clue to the - ditch easement in the southwest comer of the prop- 4 erty, increasing setback requirements within the area. The variance is a response to the presence 01 KAREN REED PATTERSON the ditch easement The application is to be consid ered by the Board of Adjustment. NOTARY PUBUC Land Use Reviews Reg: Minimum Front Yard Set- back Variance rACHMENTS AS APPLICABLE: STATE OF COLORADO Decision Making Body: Board ol Adjustment NOTARY ID #19964002767 Applicant: Evelyn F. Hemming Trust, 311 Midland 'LICATION My Commission Expires February 15,2020 Avenue, Aspen. CO 81611 More Information: For further information related 1 to the project. contact Kevin Rayes at the City of As- 7 THE POSTED NOTICE (SIGN) pen Community Development Department, 130 S. Galena St., Aspen. CO, (970) 429.2797. kevin.rayes TERS AND GOVERNMENTAL AGENCIES NOTICED @cityofaspen.com s/City of Aspen Published in The Aspen Times on July 19. 2018 0000274966 _'IFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Exhibit C- Afridavit of Public Notice City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet ATTACHMENT 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: lois Wa Us Ayt , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20~ STATE OF COLORADO ) JOSHUA CASE NOTARY PUBLIC ) SS. STATE OF COLORADO County of Pitkin ) NOTARY ID 20174050416 7 MY COMMISSIgÂ¢ EXPIRES DECEMBER 27, 2021 / I, Cg toluton câ‚¬ ti cd!. W 5 6* (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 1/ Posting of notice: BY posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ~) day of J {A [-N , 2016, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice: By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. City of Aspen I 130 S. Galena Street. I (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 Exhibit C- Anidavit of Public Notice CITYOFASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: 1015 Waters Avenue Public Hearing: Thursday, August 9, 2018; 4:30 PM Meeting Location: City Hall, Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Location: 1015 Waters Avenue, Legally Described as: Lots D and E, Block 41, East Aspen Addition to the City and Townsite of Aspen, According to the Plat Thereof Recorded August 24, 1959 in Ditch Book 2A at Page 252, County of Pitkin, State of Colorado Description: The applicant, Evelyn F. Hemming Trust, 311 Midland Avenue Aspen, CO 81611, requests a 9-foot variance from the minimum front yard setback (25' to 16') to redevelop this site with a single-family residence. The request is due to the ditch easement in the southwest corner of the property, increasing setback requirements within the area. The variance is a response to the presence of the ditch easement. The application is to be considered by the Board of Adjustment. Land Use Reviews Req: Minimum Front Yard Setback Variance Decision Making Body: Board of Adjustment Applicant: Evelyn F. Hemming Trust, 311 Midland Avenue, Aspen, CO 81611 More Information: For further information related to the project, contact Kevin Rayes at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, kevin.raves@citvofaspen.com. Pitkin Maps & More #:ff-/~DE #.*te'A- 4 ~~ Pitkin Maps a More Map Created on 1:46 PM 07/06/18 at http:/Avww.pitkinmapsandmore.corn .,92:4 :~ ~ i 4-1 Q'.*84 . r- .4 .1.9 1, i I - *_~JA/41-~.t im '* I "'ll:I" , Legend i tcp a ' 4 11 - State Highway 4 4 Road Centerllne 4K c Primary Road c:=:= Secondary Road 41., Service Road i 1.A Rivers and Creeks _ Continuous , .. i,14 4- -10- *4-ZIN/'ll"Â£1 - I. 6-*'*P~ ti-22 4~ :.61 *.6., Intermittent 4060 - .. River. Lake or Pond 4 7Â¥â€žr'*:1 â€ž. 4. d.i' ., -1.1 Al>pu' 13 Town Boundary - amm <~tjl~P Federal Land Boundary -7. ./.- â‚¬ . .S . 1- BLM Â¤ State of Colorado Â£ Â¤ USFS .1,0 * i.* -IMA 1.7 . wilit 2=kÂ·.' **E t - I. L. . 446 "PR - 1 f. 1. 4 .'#98*/AP'.f 1 + .1 I Notes rfi Â¥ d 1 4 A * . .: 376.2 0 188.08 3762 Feet THIS MAP IS FOR INFORMATIONAL PURPOSES, il Pitkin County GIS makes no warranty or guarantee 1:2,257 concerning the completeness, accuracy, or reliability WGS_1984_Web_Mercator_Auxiliary_Sphere of the content represented. Exhibit C- Affidavit of Public Notice Exhibit C- Affidavit of Public Notice LORING ROBERT & ISABEL ORR ROBERT L FAMILY PARTNERSHIP LLLP RICHTER VALERIE A TRUST 2912 W VILLA ROSA PK 2700 G RD #12A 6214 N 34TH ST TAMPA, FL 33611 GRAND JUNCTION, CO 81506 PARADISE VALLEY, AZ 85253 ELLIOTT JASON C & KATHERINE BROOKS ROTHSCHILD IVETTE SCHNEIDER TRUST SILVER GLO CONDO ASSOC 929 E DURANT AVE #4 122 N BEMISTON AVE 930 WATERS AVE ASPEN, CO 81611 ST LOUIS, MO 63105 ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP ASPEN TOWNHOUSES BY THE RIVER CONDI MEAD GEORGE 210 AABC #AA COMMON AREA 550 THIRD ST SO ASPEN, CO 81611 1050 WATERS AVE WISCONSIN RAPIDS, WI 54404 ASPEN, CO 81611 WATCHMAKER LINDA L REV TRUST NADJAFI MORTEZA & HEIDI GESSNER RICHARD W REV TRUST 4527 BRUCE AVE 736 N MAGNOLIA AVE 1705 11TH ST NE MINNEAPOLIS, MN 55424 ORLANDO, FL 32803 MASSILLON, OH 44646 KANNER REAL ESTATE LLC COLETTA BRANDY & CAROL HOFFMAN JOAN 712 GREENTREE RD 41 UNION AVE #200 610 MERRITT DR PACIFIC PLSDS, CA 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PARTNERS LTD MEYER WILLIAM J PO BOX 126 411 E HYMAN AVE 1101 17TH ST NW #1000 WOODY CREEK, CO 81656 ASPEN, CO 81611 WASHINGTON, DC 20036 SIEGEL LOIS H QPRT KELLY ROSEMARIE LIBERMAN KEITH & KATHLEEN FAMILY TRU 6358 MANOR LANE 240 W 102ND ST #54 9554 HIDDEN VALLEY RD SOUTH MIAMI, FL 33143 NEW YORK, NY 10025 BEVERLY HILLS, CA 90210 EHRMAN HOPE J ST MARYS OF ASPEN LLC ORR ROBERT L FAMILY PTNSHP LLLP 170 MARION AVE 1532 S.E. 12 STREET PH1 2700 G RD #12A LAKE FOREST, IL 60045 FT LAUDERDALE, FL 33316 GRAND JUNCTION, CO 81506 GRAHAM NELL C PALMERO KEN LEATHERBURY JOAN H TRUST 10 PINE RIDGE RD 11 OLD ORCHARD RD PO BOX 1420 BASALT, CO 81621 CARBONDALE, CO 81623 ASPEN, CO 81612 VANTILBURG JOHANNES & JOANNE MIKA PATRICK D 2021 INVESTMENTS LLC 1738 BERKELEY ST 630 N TEJON ST 1000 E MILWAUKEE ST SANTA MONICA, CA 90404 COLORADO SPRINGS, CO 80903 JANESVILLE, WI 53545 CRONIN F CARLETON & TOBY ANN TRUST JDG LLC BOUSTEAD DOUGLAS 8748 DORRINGTON AVE 1035 E HOPKINS PO BOX 186 LOS ANGELES, CA 90048 ASPEN, 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S JASMINE ST 2404 LORING ST #129 ASPEN, CO 81611 DENVER, CO 80224 SAN DIEGO, CA 92109 KAY REV TRUST BACKUS DIANA PROPERTY INVESTORS #1 LLC 2127 BROADWAY #1 2843 SABLEWOOD CT 8407 BROOKEWOOD CT SAN FRANCISCO, CA 94115 DELRAY BEACH, FL 33445 MC LEAN, VA 22120 ELIAS BARBARA A STEEPLECHASE PARTNERS GEORGIA LLC GANT 103 LLC 0451 STAGECOACH LN 3060 PEACHTREE RD #400 311 TOWN CENTER CARBONDALE, CO 81623 ATLANTA, GA 30305 BELLA VISTA, AR 72714 SYLVESTER JAMES W WEHSENER FAMILY TRUST BITTEL DANIEL FAMILY TRUST 758 FREEDOM PLAINS RD 4014 MT TERMINUS DR 801 ART GODFREY RD #600 POUGHKEEPSIE, NY 12603 SAN DIEGO, CA 92111 MIAMI BEACH, FL 33140 MARTIN TERRY AVID LEISURIST LLC WILKERSON WILLIAM REV TRUST 724 GAYLORD ST 56 S 3RD ST #402 321 SUNSET DR #3 DENVER, CO 802063719 BROOKLYN, NY 11249 FT LAUDERDALE, FL 33301 SABBATICAL LLC UHLFELDER FAMILY INVESTMENTS RLLP BLOCK JOEL A REV TRUST 985 MEMORIAL DR #201 210 MBC #AA 647 W BARRY AVE CAMBRIDGE, MA 02138 ASPEN, CO 81611 CHICAGO, IL 60657-4504 FREIS JON HAMILTON VIRGINIA R SCHARLIN GLORIA G 136 EL CAMINO DR# 412 24 ARDMORE DR 10 EDGEWATER DR #4A BEVERLY HILLS, CA 902122705 ASPEN, CO 81611 CORAL GABLES, FL 33133-6962 Exhibit C- Affidavit of Public Notice UHLFELDER FAMILY INVESTMENTS RLLP HORNBROOK ANGELA J ZACHARY MARC 210 AABC #AA PO BOX 2074 PO BOX 410 ASPEN, CO 81611 CRESTED BUTTE, CO 81224 ASPEN, CO 81612 AGER REALTY LLC KOBACKER JEFFREY M STEWART SAMUEL & JACQUELINE 555 GOLDEN BEACH DR 10194 E MOUNTAIN SPRING RD 124 CHARLESTON PK GOLDEN BEACH , FL 33160 SCOTTSDALE, AZ 85255 METAIRIE, LA 70005 ROSENBAUM THOMAS F TRUST JOSEPH RUSSELL C & ELISE E STEEPLECHASE PARTNERS GEORGIA LLC 415 S HILL AVE 3682 WILLOWICK RD 3060 PEACHTREE RD #400 PASADENA, CA 91106 HOUSTON, TX 77019 ATLANTA, GA 30305 MCCORMICK MARY E HOCKER DAVID E 679534 ONTARIO LTD PO BOX 21532 620 PARK PLAZA DR 2 CHEDINGTON PLACE lA OWENSBORO, KY 42304 OWENSBORO, KY 423015483 TORONTO ONTARIO CANADA M4N 3R5, RISCOR INC RIVER GLEN CONDO ASSOC MILANO MARY & MICHELANGELO 3838 OAK LAWN AVE #1000 COMMON AREA 315 RICHMOND RD DALLAS, TX 75219 E DURANT AVE KENILWORTH, IL 60043 ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 774302 ONTARIO LTD SHAPIRO GANT LLC 210 AABC #AA 2 CHEDINGTON PLACE lA 5704 DEVILLE DR ASPEN, CO 81611 TORONTO ONTARIO CANADA M4N 3R5, MINNEAPOLIS, MN 55436 FABER KATHERINE T TRUST ASPEN WATERS RESIDENCES OWNERS ASE P&G LEVIN FAMILY GENERAL PARTNERSHIi 415 S HILL AVE 3501 CROSS CREEK LN 9716 E PRESERVE WY PASADENA, CA 91106 MALIBU, CA 90265 SCOTTSDALE, AZ 85262 CHATEAU SNOW CONDO ASSOC KANTOR NANCY L TRUST 1035 DURANT - 4 LLC 926 WATERS AVE 5595 SHADOW LN 1010 69TH ST ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48302 BOULDER, CO 80303 RICHELME CLAIRE SUMMERS SHELLEY M HILCORP REALTY LLC 940 E WATERS AVE #204 1701 RAVEY ST PO BOX 1308 ASPEN, CO 81611 AUSTIN, TX 78704 HOUSTON, TX 77251-1308 LEVY EDWARD C JR TRUST ORR ROBERT L FAMILY PARTNERSHIP LLLP BITTEL STEPHEN H 970 SHIRLEY RD 2700 G RD #12A 801 ART GODFREY RD #600 BIRMINGHAM, MI 480093730 GRAND JUNCTION, CO 81506 MIAMI BEACH, FL 33140 Exhibit C- Affidavit of Public Notice LITZENBERGER DREW & VIRGINIA JANNAINC PULLEN CLAUDIA 125 HOWLAND RD 500 PATTERSON RD 345 FRAZIER AVE #206 ASHEVILLE, NC 28804 GRAND JUNCTION, CO 81506 CHATTANOOGA, TN 37405 CANUTO INC GRIER HOLINGS LLC LHG HOLDING LLC PO BOX 650 650 RIVIERA DR 11777 SAN VICENTE BLVD 9TH FL BASALT, CO 81621 TAMPA, FL 33606 LOS ANGELES, CA 90049 PARKER WILLIAM A JR GANT EXCHANGE LLC RIVERSIP LLC PO BOX 4655 MC252 5704 DEVILLE DR 2405 LINCOLN ST ATLANTA, GA 30302 MINNEAPOLIS, MN 55436 EVANSTON, IL 60201 WHITEHURST JOHN S & BILLIE HYMAN GARY 909 WATERS LLC 6504 MONTROSE AVE 3 BEECHWORTH CLOSE 555 13TH ST BALTIMORE, MD 212121023 LONDON UK NW37UT, WASHINGTON, DC 20004 MARKUS NEIL & JOLIE STURM MELANIE L COATES TOM & LINDA FAM TRUST 8603 IRVINGTON AVE PO BOX 410 655 MONTGOMERY ST #1700 BETHESDA, MD 20817 ASPEN, CO 81612 SAN FRANCISCO, CA 94111 PONDROM CYRENA N & LEE G 210 PRINCETON AVE MADISON, WI 53705 Exhibit C- Affidavit of Public Notice ft PUBLIC NOTICE I ./ *f 1 Date: Augus19.2018 b 6 Time: oop. 2 Place: Clty Ht,4 130SG*na 5, Md - i- C,1, Counot Chairbors li ;Purpose: 37 . 1 5 1114 . Alâ€¢Plet "rlt FÂ·Â·,IYn F HeÂ¢nmux: 11'j'.1 311 1.414,<MAve Aspen CO 81611 requer,tÂ· 4.>i. /he 1300â€¢1 of C Adjuf.10: ' , 9-fool wwiance hoil 4.. the n,â€¢uniumrequied front yiâ€¢rd betback (25' to 1 W) to red/veÂ»P #u propâ‚¬Mly Wth .1 s,ngle-rafley resâ€¢dence For fullher infomvt,on r.or,tâ€¢ri K- Rayes *,1,1 Ccwâ„¢norÂ»' C,4,Â·OP...ne -31 -1 4 at 970 429 2747 h 1 . . Exhibit C- Affidavit of Public Notice ..3 ..flir 4 '4 . 1 f.1 .1 .1 . -. . 4 , -2,16 ,<19* 1 '' . !11 F 2.... .Ay 11 - - I'.,1 PUBLIC NOTICE Exhibit D- Public Lumments Received Kevin Rayes From: Clare Bronowski <cbronowski@glaserweil.com> Sent: Tuesday, July 31, 2018 11:22 AM To: Kevin Rayes CC: Clare Bronowski Subject: 1015 Waters Ave. Dear Mr. Rayes: I received the notice of Public Hearing for 1015 Waters Ave. for a front yard variance. My husband and I own a property across the street at 1050 Waters. My main question and concern about the application is the impact on any street improvements or landscaping along Waters. What is the long term plan forsidewalks, parkways and street trees on Waters? Is the applicant required to improve the street with a sidewalk? Does the variance impact the amount of land available for street improvements in the future? We would like to see uniform sidewalk and street tree improvements on both sides of Waters. Right now the street is a hodge podge of horizontal and diagonal parking with no uniform treatment of the street or sidewalk area. The area in front of 1015 has no sidewalk, curb orgutter, and one day we would like to ensure that the City (or property owners) have sufficient land to add these features. Right now, pedestrians walk in the middle of the street and have no shade available. In winter, the street becomes almost impassable by foot. We are not opposed to reducing the front yard from 26 feet to 16 feet, but we would like to see a condition that requires the property owner to add whatever street improvements are planned along Waters in front of the property. This seems like a reasonable condition to add to such a large variance. Please note that the new development at 1060 Waters is the only property in the area that recently added landscaping, sidewalks, curbs and gutters and street trees in front of the property when they developed with several variances. We assume this was required by the City. One day it would be nice if all the properties were improved like this so that there would be a continuous sidewalk on both sides of the street. Thank you for your attention and any information you can give me about the future street improvements. Clare Bronowski 10250 Constellation Blvd., 19th Floor, Los Angeles, CA 90067 Main: 310.553.3000 I Direct: 310.282.6254 I Fax: 310.785.3554 E-Mail: cbronowski@glaserweil.corn Iwww.glaserweil.corn 1 Exhibit D- Public Comments Received Kevin Rayes From: Mark Sinnreich <mark@drsinnreich.com> Sent: Tuesday, July 31, 2018 9:41 AM TO: Kevin Rayes Subject: 1015 Waters Ave variance August 9th I would like to take this opportunity to voice our objections to granting a variance to 1015 Waters Avenue to decrease their setback from 25 ft to 16 ft. We have lived on Waters Avenue for 28 years on the adjacent property to the east of the subject variance. The street has mixed-use multiple dwelling units, as well as, private homes. Directly across the street from the property in question is a multi dwelling apartments with large amount of cars. Parking on the street is a real concern. Allowing a house to come forward from the normal setbacks several feet , no less 9ft, would dramatically impact the visual appearance of the streets and effect parking. Evelyn Heming, before she passed away, had strong objections and complained vigorously while we did our renovation 8 years ago. We would have liked to have a variance to accommodate our property and improve the parking situation on our street, however, it was denied. We urge the board to strongly not allow this variance. A 9-foot variance is almost a 40% reduction in the setback which is just too much forthis neighborhood, as well as impacting the west view and sunsets from our kitchen. Thankyou for yourconsideration in this matter. Mark Sinnreich MD FAAOS Sent using voice recognition. Please excuse phonetic misspellings 1 '44%4% CITY OFASPEN Â«14'A Land Use Application Determination of Completeness RECEIVED Date: June 11, 2018 JUN 18 2018 CITY OF ASPEN Dear City of Aspen Land Use Review Applicant, COMMUMTY DEVELOPhENT We have received your land use application for 1015 Waters Ave., dimensional variance and have reviewed it for completeness (and not compliance). AYour Land Use Application is complete: ~ Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $2,275.00 J 3) One additional hard copy of the application. /'00 4) Please submit a site plan (to scale) and elevations of t>~K"building as part of the application. Other submission items may 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. ,Ibent Y ~~ A ~ ( 94/99/ 1 \AÂ«Â» tennifer P&Â¥lan, Deputy Planning Director City of A*6n, Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes No\/ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No.>,~ Commercial E.P.F. Lodging l P: 970.920.5'AAR ' 130 South Gaiena Street Aspen, CO 81611Â·1975 uvu i F: 9/0.920.51971 cityofaspen.com CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION 0043 Â·20(5 Â·As (11 Project Name and Address: 1015 WATERS AVENUE ASPEN, CO. 81611 2737-182-82-002 Parcel ID# (REQUIRED) APPLICANT: EVELYN F. HEMMING TRUST Name: Address: 311 MIDLAND AVENUE ASPEN, CO. 81611 Phone#: 970-948-0846 email: hemming@rof.net REPRESENTIVATIVE: Name: GRETCHEN GREENWOOD Address: 210 SOUTH GALENA ST. #30 ASPEN, CO, 81611 Phone#: 970-948-2081 email: ggreenwood@ggaaspen.corn Description: Existing and Proposed Conditions THE 60 X 100 FOOT LOT IN THE R-15 ZONE HAS AN EXISTING SINGLE FAMILY RESIDENCE, THAT IS NOT HISTORIC. THE PROPOSED PLAN IS TO DEMOLISH THE EXISTING HOUSE AND REPLACE WITH A NEW SINGLE FAMILY HOUSE. THE LOT IS A NON CONFORMING LOT IN THE R-15 DISTIRCT. THE ACCESS TO THE LOT IS OFF OF WATERS AVENUE. THE SITE IS FLAT AT WATERS AND SLOPES UP TO THE SOUTH BY 25 FEET. AT THE SOUTH WES PROPERTY LINE, THE WHEELER DITCH CROSSES OVER THE CORNER OF THE PROPERTY. Review: Administrative or Board Review BOARD OF ADJUSTMENT Required Land Use Review(s): MUNICIPALCODE: VARIANCE Growth Management Quota System (GMQS) required fields: N/A Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 2,275.00 Ul Pre-Application Conference Summary ~ Signed Fee Agreement 7 HOA Compliance form 21 All items listed in checklist on PreApplication Conference Summary ' 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location 1015 WATERS AVENUE ASEPN, CO. 81611 Applicant: GRETCHEN GREENWOOD FOR GREGG HEMMING FOR EVELYN F. HEMMING TRUST Zone District: R-15 Gross Lot Area: 6,000 SQ.FT. Net Lot Area: 5,040 SQ-FT. ** Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Familyand Duplex Residential Multi-family Residential Existing Allowed Proposed Existing Allowed Proposed 1) Floor Area (square feet) 1,591 2,971 2,971 1) Numberof Units 2) Maximum Height 20 FT 25 FT. 25 FT. 2) Parcel Density (see 26.710.090.C. 10) 3) Front Setback 15 FT. 25 FT- 16 FT. 3) FAR (Floor Area Ratio) 4) Rear Setback 10 FT. 10 FT- 10 FT. 4) Floor Area (square feet) 5) Side Setbacks 10.FT- 10 FT. 10 FT. 4) Maxi rn u m Height 20 FT. 20 FT. 20 FT. 6) Combined Side Setbacks 5) Front Setback 40% 7) % Site Coverage 6) Rear Setback 8) Minimum distance between buildings N/A 7) Side Setbacks Proposed % of demolition 100 Proposed % of demolition Commercial Lodge Proposed Use(s) Additional Use(s) Existing Allowed Proposed Existing Allowed Proposed 1) FAR (Floor Area Ratio) 1) FAR(Floor Area Ratio) 2) Floor Area (square feet) 2) Floor Area (square feet) 3) Maximum Height 3) Maximum Height 4) Off-Street Parking Spaces 4) Free Market Residential(square feet) 5) Second Tier (square feet) 4) Front setback 6) Pedestrian Amenity (square feet) 5) Rear setback Proposed % of demolition 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: THE SITE IS A NON CONFORMING LOT IN THE R-15 ZONE DISTRICT AT 1015 WATERS AVENUE. THE WIDTH OF THE LOT IS 60 FEET AND THE MINIMUM STANDARD FOR THE R-15 ZONE IS 75 FEET. Variations requested: A FRONT YARD SETBACK OF 9 FEET I5 REQUESTED, AS 15.5% OF THE LOT IS SUBJECT TO STEEP SLOPES LOCATED PRIMAIRLY IN THE SOUTHWEST PORTION OF THE LOT. AT THIS SLOPED AREA, THE WHEELER DITCH PASSES THROUGH THE LOT. THE ENGINEERING DEPT IS REQUESTING A 10 FOOT SETBACK FROM THE CENTERLINEOF THE DITCH TO BE VACANT OF ANY STRUCTURE. WITH THE COMBINATION OF THE STEEP SLOPES AND FTHE 25 FOOT FRONT YARD SETBACK THAT PUSH THE NEW RESIDENCE TO THE REAROF THE LOT, AND THE ENGINEERING SETBACK THAT LIMITS THE DEVELOPMENT ON THE REAR OF THE PROPERTY WHICH CAUSES VERY LIMITED DEVELOPMENT OPPORTUNITIES. 4 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which appliestoyourdevelopment proposal and will identifythe materials necessary to review yourapplication. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whetherthe application iscomplete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the sta ff for compliance with the applicable standards of the Code. During the sta ff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature bythe Community Development Director. The memo will explain whetheryourapplication complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicantto prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents forthe revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application iseligible forthe requested amendmentorexemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days priorto the hearing. The public hearing(s) will take place beforethe appropriate review boards. Public Hearings include a presentation bythe Planning Staff, a presentation bythe Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) I 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 ' il, CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 6. Issuance of Development Order. I f the land use review is approved, then the Planning Staff will issue a Development Order which allowsthe Applicantto proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. 4 1 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 ' A 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 GREG HEMMING FOR THE EVELYN F. HEMMING TRUST Owner ("1"): Email: hemming@rof. net Phone No.: Address of 1015 WATERS AVENUE ASPEN, CO 81611 Property: (subject of application) I certify as follows: (pick one) Â® This property is not subject to a homeowners association or 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. E] 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 documeÂ®is a public document. Owner signature: th (4 date: 6-7. a 6/ Owner printed name: GREGG HEMMING FOR THE EVELYN F. HEMMING TRUST or, Attorney signature: date: Attorney printed name: November 2017 Cky of Aspen 1 130 S. Galera St. I (970) 920-5090 4 , CITYOFASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer DATE: 6.5.18 PROJECT: 1015 Waters Avenue REPRESENTATIVE: Gretchen Greenwood, Gretchen Greenwood Architects REQUEST: Setback variances DESCRIPTION: The applicant submitted a building permit and during review, the Engineering Department noted that the proposed development encroaches on a prescriptive ditch easement 10' setback in the southwest corner of the property, which is not allowed. The applicant is to work with the Engineering Department to formalize the ditch easement, but that process is separate from the setback variance request. The property is zoned R-15. Approximately 15.5% of this lot is subject to steep slopes located primarily in the southwest portion of the property, a ditch passes through the same portion of the property. The Engineering Department requires all development be outside a 10' foot setback from the centerline of the ditch. This code requirement necessitates either a redesign of the proposed development, or a setback variance to reduce the front yard setback. A reduced setback would allow for the structure to move toward the front property line, and out of the ditch setback. The applicant preference is to pursue a setback variance. The lot is non-conforming in terms of minimum lot width. The standard for the R-15 zone district is a minimum of 75', the existing lot width is 60'. The applicant believes there is a hardship on the property because of the narrow lot size, the 25' front yard setback, and steep slopes that limit development opportunities. A request for relief from front, side and/or rear setback requirements may be submitted pursuant to Municipal Code Chapter 26.314, Variances, and will be reviewed by the Board of Adjustment. The Applicant shall address the applicable review criteria, listed below. Below are links to the Land Use Application form and Municipal Code for your convenience: Land Use Application: Land Use Application Municipal Code: Land Use Code Relevant Code Sections Setback Variance 1015 Waters Avenue 4 273718282002 1 A 26.304 Common Development Review Procedures 26.314 Variances 26.575.020 Calculations and Measurements 26.710.050 R-15 zone district Review by: Staff for complete application and recommendation Engineering for referral comment Board of Adjustment for determination Public Hearing: Yes Planning Fees: Variance ($1,950 for 6 hours) Referral Fees: Engineering (per hour) - $325 Total Deposit: $2,275. Additional/lesser hours will be billed/refunded at a rate of $325 per hour. To apply, submit one complete copy of the following information: O Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). 0 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. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone numberof the representative authorized to act on behalf of the applicant. Â¤ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Setback Variance 1015 Waters Avenue 273718282002 4 I 2 / 0 Â¤ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Il HOA Compliance form (Attached) O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. While complete architectural drawings for the proposed redevelopment are not required, the applicant must adequately demonstrate the need for variances and the location of the variances. 0 Written responses to all review criteria in Section 26.314.040. Once the application is deemed complete by staff, the following items will then need to be submitted: Â¤ 2 Copies of the complete application packet and, if applicable, associated drawings. 0 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. Setback Variance 1015 Waters Avenue 273718282002 . 3 } GRETCHEN GREENWOOD ARCHITECT,INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com APPLICANT'S NAME HEMMING, EVELYN F. TRUST 311 MIDLAND AVENUE ASPEN, CO. 81611 LEGAL DESCRIPTION: LOTS D&E EAST ASPEN ADDITION PROPERTY ADDRESS: 1015 WATERS AVENUE ASPEN, CO. 81611 TITLE CERTIFICATE IS ATTACHED 4 1 4 Land Title Guarantee Company Customer Distribution Land Title a 'ARANÂ·rEr COMPANY ,* PREVENT FRAUD - Please remember to call a member of our closing team when -ow /*67 - Â£-i_2%. initiating a wire transfer or providing wiring instructions. Order Number: Q62009289 Date: 04/13/2018 Property Address: 1015 WATERS AVE, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Kimberly Parham Stefani Heaphey Roaring Fork Valley Title Team 533 E HOPKINS #102 533 E HOPKINS #102 533 E HOPKINS #102 ' ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 (970) 925-1678 (Work) (970) 925-1678 (Work) (970) 927-0405 (Work) (303) 393-4870 (Work Fax) (800) 318-8202 (Work Fax) (970) 925-0610 (Work Fax) kparham@Itgc.com sheaphey@ltgc,com valleyresponse@ltgc.com Contact License: CO414945 Contact License: CO526720 Company License: CO44565 Company License: CO44565 Seller/Owner GRETCHEN GREENWOOD ARCHITECTS, INC. HEMMING EVELYN F TRUST Attention: GRETCHEN GREENWOOD Delivered via: Delivered by Realtor 210 SOUTH GALENA STREET, SUITE 30 ASPEN, CO 81611 ggreenwood@ggaaspen.com Delivered via: Electronic Mail 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62009289 Property Address: 1015 WATERS AVE, ASPEN, CO 81611 1. Effective Date: 03/23/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EVELYN F. HEMMING TRUST 5. The Land referred to in this Commitment is described as follows: LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24,1959 IN DITCH BOOK 2A AT PAGE 25.2. COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing ASSOCIATION as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P , 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62009289 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. THE FULLY EXECUTED TRUST AGREEMENT OF EVELYN F. HEMMING TRUST, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR EVELYN F. HEMMING TRUST RECORDED NOVEMBER 30,2006 AT RECEPTION NO. 531651 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES EVELYN F. HEMMING AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. WARRANTY DEED FROM EVELYN F. HEMMING TRUST TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 4 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part 11 (Exceptions) Order Number: Q62009289 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 21,1955 IN BOOK 180 AT PAGE 454. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29,1958, IN BOOK 185 AT PAGE 69. 10. EASEMENTS, RESERVATIONS AND ALL MATTERS AS SET FORTH ON THE PLAT MAP OF EAST ASPEN ADDITION RECORDED AUGUST 24,1959 IN DITCH BOOK 2A AT PAGE 252. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR SEWER AND WATER LINE AS SET FORTH IN DEED OF EASEMENT RECORDED JULY 12, 1974 IN BOOK 289 AT PAGE 142. 4 d ' f LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land TitleÂ© â‚¬7'AR JOrrE CON,rMI<'f -Sile i,07- Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1,1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorders office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of lega] documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hfreby given: 4 This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owners permission. Note: Pursuant to CRS 10-1-128(6)(ah It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. 1 4 . JOINT NOTICE OF PRIVACY POLICY OF 1 LAND TITLE GUARANTEE COMPANY, Land Title LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 6.'AR,ANTF./ MAIMNy LAND TITLE INSURANCE CORPORATION AND -Si;ft-0 f967- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: â€¢ applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; â€¢ your transactions with, or from the services being performed by us, our affiliates, or others; â€¢ a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 4 t **** Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation ~* IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. NOTICE ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST 8E BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATIONOF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice Schedule B, Part I-Requirements: Schedule B. Part Il-Exceptions: and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company'l commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy-: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (0 -Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. Ch) 'Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice (b) the Commitment to Issue Policy: (c) the Commitment Conditions; (d) Schedule A (e) Schedule B. Part 1-Requirements: and (f) Schedule B, Part 11-Exceptions and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part 1-Requirements; Ii. eliminate, with the Company's written consent, any Schedule B, Part 11-Exceptions: or iii. acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. , 6 LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 4 1 1 (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part 11-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7 IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time thal the pro-forma policy is delivered to a Proposed Insured, nor Is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: .0,)11" Old Republic National Title Insurance Company, a Stock *AL Tin , Land Title Guarantee .41'* * *2414... Company Company * 9. 400 Second Avenue South 3033 East First Avenue Suite :0* * & Z Minneapolis, Minnesota 55401 600 -0 U * N 3 (612)371-1111 Denver, Colorado 80206 ..1.* * (P i 303-321-1880 204 * * /20 66 r>+ t-1252~- Mark Bilbrey, President President 0~~ Rande Yeager, Secretary This page is only a part of a 2016 ALTAÂ® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions, Schedule A: Schedule B, Part 1-Requirements and Schedule B, Part 11-Exceptions; and a counter- signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 4 4 4 I 1 1 r EXHIBIT B GENERAL RAI;Q+Mmf DEED 15 May THIS GENERAL WARRANTY DEED is made this day of 1996, between GEORGE W. BENEDICT, whose legal address is 7 Seafield Lane, Westhampton Beach, NY 11978, grantor, and EVELYN F. HEMMING, whose address is 2201 Parkside Drive, Park Ridge, IL 60068, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with any improvements located thereon, if any, lying and being in the City of Aspen, County of Pitkin and State of Colorado, described as follows: Block 41, Lots D and E, East Aspen Additional Townsite, Pitkin County, Colorado, known as 1015 Waters, Aspen, CO 81611. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest claim and demand whatsoever of the grantor, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargairted and described, with the appurtenances, unto the grantee, his respective heirs and assigns forever. The grantor, for itself, its successors and assigns, does covenant, grant bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except as set forth below and on Exhibit " A,r attached hereto. SUBJECT TO: those items set forth in Exhibit "A" attached hereto. The grantor shall and will WARRANT AND FOREVER DEFEND the above- argained premises in the quiet and peaceable possession of the grantee, his successors and ;signs, against all and every person or persons claiming the whole or any part thereof, by, rough or under the grantor. A A- - - t General Warranty Deed George Benedict to Evelyn F. Hemming Page 2 IN WITNESS WHEREOF, the grantor has executed this General Warranty Deed on the date set forth above. Gyf~~~~Â¥DICE ~ >gA#V,T-jnÂ»/ . STATE OF FLDEIOA ) ) SS: , COUNTY RALM &ACH The foregoing instrument was acknop,dedged befoy me this ~ r-~ day of APRIL , 1996, by George Benedict, Grantor herein. Witness my hand and official seal. Â«0 Notary ly[Iblic My commission expires: \5)11 198 40~44 ANÂ·-yÂ», K. SEAGRAVE ff 6 'St MY COMMISSION # CC353390 EXPIRES Margit fl. 1998 '4'Rue BONDED THRU TROY FAIN INSURANCE INC- t 1 COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY EVELYN F. HEMMING, ALSO KNOWN AS EVELYN HEMMING, PRINCIPAL NOTICE: Unless you limit the power in this document, this document gives your agent the power to actforyou, without your consent, in any way that yoll could actfor yourself The powers granted by this document are broad and sweeping. They are explained in the "Uniform Statutory Form Power of Attorney Act", Part 13 of Article 1 of Title 1 5, Colorado Revised Statutes, and Part 6 of Article 14 of Title 15, Colorado Revised Statutes. Ifyou have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical or other health-care decisions for you. You may revoke thispower ofattorney ifyoulater wish to do so. The purpose of this power ofattorney is to give the person you designate (your "agent") broad powers to handle your property and affairs, which may include powers to pledge, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you. Thisform does not impose a duty on your agent to exercise Framed powers; but when powers are exercised, your agent must use due care to act for your benefit and in accordance with the provisions of this form and must keep a record of receipts, disbursements, and significant actions taken as agent. You may name successor agents under this form but not co-agents. Until you revoke this power of attorney or a court acting on your behalf terminates it, your agent may exercise the powers given here throughout your lifetime, even after you may become disabled, unless you expressly limit the duration Of this power in the manner provided below. YOU may have other rights or powers under Colorado law not contained in this form, I, EVELYN F. HEMMIN~5 ALSO KNOWN AS EVELYN HEMMING, APPOINT GREGORY S. HEMMING AS MY AGENT (ATTORNEY-IN-FACT) TO ACT FOR ME IN ANY LAWFUL WAY WITH RESPECT TO THE FOLLOWING INITIALED SUBJECTS: To grant one or more ofthefollowing powers, initial the line inftont of each power you are granting. To withhold apower, do not initial the line in front ofit. You may, but need not, cross out each power withheld. INITIAL - (A) REAL PROPERTY TRANSACTIONS OVHEN PROPERLY RECORDED) (B) TANGIBLE PERSONAL PROPERTY TRANSACTIONS, (C) STOCK AND BOND TRANSACTIONS. (D) COMMODITY AND OPTION TRANSACTIONS. O#UnA PROP rAM 1 (E) BANKING AND OTHER FINANCIAL, INSTITUTION TRANSACTIONS. (F) BUSINESS OPERATING TRANSACTIONS. (G) INSURANCE AND ANNUITY TRANSACTIONS. (H) ESTATE, TRUST, AND OTHER BENEFICIARY TRANSACTIONS. U) CLAIMS AND LITIGATION. 61) PERSONAL AND FAMILY MAINTENANCE. (K) BENEFITS FROM SOCIAL SECURITY, MEDICARE, MEDICAID, OR OTHER GOVERNMENTAL PROGRAMS, OR MILITARY SERVICE. (L) RETIREMENT PLAN TRANSACTIONS. (M) TAX MATTERS. E44' (N) ALL OF THE AB OVE. HAVING CAREFULLY CONSIDERED EACIÂ·I OF THE POWERS LISTED IN (A) THROUGH (M), I GRANT TO MY AGENT ALL OF THE POWERS DESCRIBED IN (A) THROUGH (M), AS IF I HAD INITIALED EACH SUCH POWERS, BY PLACING MY INITIALS ON TmS LINE (N). Unless you direct otherwise above. this power of attorney is ejfective immediately and will continue until it is revoked or terminated as specified below. Strike through and write your initials to the left of the following sentence if you do not want this power ofattorney to continue ifyou become disabled, incapacitated, or incompetent. 1. C ) This power of attorney will continue to be effective even though I become disabled, ineapacitated, or incompetent. You may include additions to and limitations on the agent's powers in this power ofattorney ifthey are specifically described below. 2. The powers granted above shall not include the following powers or shall be modified or limited in the following manner (Here you may include any specific limitations you deem appropriate, such as aprohibition ofor conditions on the sale ofparticularstockor real estate or special rules regarding borrowing by the agent): N- '= ti i. 3. In addition to the powers granted above, I grant my agent the following powers (here you may add any other delegable powers, such as the power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below): Those powers set forth on Addendum "A" attached hereto. 9 O 'dilte-.ripÂ·PROP li' 1 1 1 4. Special Instructions. On the following lines you may give special instructions to your agent'. None. Your agent will be entitled to reimbursement for all reasonable expenses incurred in acting under this power of attorney. Strike through and initial the next sentence ifyou do not want your agent to also be entitled to reasonable compensation for services as agent. 5. C ) My agent is entitled to reasonable compensation for services rendered as agent under this power of attorney. This power of attorney may be amended in any manner or revoked by you at any time. Absent amendment or revocation, the authority granted in this power of attorney i:s â‚¬#Petive when this power ofattorneyis signed and continues in efect until your death, unless you make a limitation on duration by completing the following: 6. This power of attorney terminates on N/A. By retainingthefollowing paragraph, you may, but are not required to, name your agent as guardian ofyour person or conservator of your property, or both, if a court proceeding is begun to appointagitardianor conservator, orboth, for you. Thecourt will appointyour agentas guardian or conservator, or both, ifthe court finds that such appointment will serve your best interests and welfare. Strike through and initial paragraph 7 if you do not want your agent to act as guardian or conservator, or both. 7. ( ) If a guardian of my person or a conservator for my property, or both, are to be appointed, I nominate the agent acting under this power of attorn:ey as such guardian or conservator, or both, to serve without bond or security. Ifyou wish to name successor agents, insert the name ofany successoragent in thefollowing paragraph: 8. If any agent named by me shall die, become incapacitated, resign, or refuse to accept the office ofagent, I name the following, each to act alone and successively in the order named, as successor to such agent: Karen Hemming . For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters, as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party 2 elissru':Ale FR'i * * 3 learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed on N. 234 ,2006. Ifthere is anything about thisform that you do not understand, it may be in your best interest to consult a Colorado lawyer rather than sign this form. ' Evelyn F. Hemn#ng also known as Evelyn Hemming 4/0,41-707* (Social Security Number) You may, but are not required to, request your agent and successor agents to provide specimen signatures below. Ifyou include specimen signatures in this Power ofAttorney, you must complete the certijAcation opposite the signatures of the agents. Notice to Agents: By exercising po-wers under this document, the agent assumes the fiduciary and other legal responsibilities of an agent under Colorado law. Specimen signatures of agent I certify that the signatures of my (and successors) agent (and successors) are correct. Agent Principal Successor Agent Successor Agent STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) This document was acknowledged before me on this 28th day of November , 2006, by Evelyn F. Hemming, also known as Evelyn Hemming. Witness my hand and official seal. My Commission expires: 10/31/2007 ( /0\ C ( 1 -'Â«1 / Lerk07 11 / Notary Public 4 0 1~13*m~90*Uâ‚¬2Â·Pli/P Fied e 4 ASPEN TITLE CORPORATION ~ 10847 ESCROW ACCOUNT Case No.: 404378A 1084 Buyer: EVELYN F. HEMM IN!1 Sel ler: WEORNE W. BENEDICT Legal Description: 1015 WATESR ASPEN CO 81611 Itemization of payment per balance sheet: EARNEST MONEY/INTERST EARNED 518.24 Total:********9518.24 ASPEN TITLE CORPORATION -10841 ESCROW ACCOUNT se No.: 404378A 1084 iyer: EVELYN F. HEMMINU Sel len NEORNE W. BENEDICT gal Description: 1015 WATESR ASPEN CO 81611 emization of payment per balance sheet: REFUND OVERPAYMENT/FUNDS 1,820.00 Tnt;al ********1 R90 AA 4 4 ' ASPEN TITLE (DRFORATION 600 EAST HOPKINS AVENUE #305 ASPEN CD 81611 BUYERS SErrLEMENT STATEMENY Buyer: EVELYN F. I-8*ING Seller: GBORGE W. BENEDICT Property 1015 WATERS Address: ASPEN CO 81611 Order Number: 404378 Settlement Date: 05/15/96 Escrow Officer: Andee E. Neely Expenses C:redits 625,000.00 Deposit or Earnest KoreyÂ· . .......lili............... 62,500.00 County taxes from 01/01/96 to 05/15/96.............. 948.68 Closing Fee to Aspen Title Corp..................... 75.00 Tax Certificate(s) to Aspen Title Corp. ............. 10.00 Documentary Fee..................................... 62.50 Recording of Dead ................................... 21.CO WRErr Tax to City of Aspen............... 3,125.00 19.IUIT Tax City of Aspen................................... 5,250.00 Water (5/15-5/31/96) C.ity of Aspen... .. .... . .. .... .. ... .... . . . . .. . ... 38.34 Sewer (5/15-6/30/96) ................................ 25.75 Additional Repairs.................................. 1,600.00 Carpeting.........................................-- 220.00 Sub-totals 633,607.59 65,268.68 Balance due frcrn Buyer 568,338.91 Totals 1 633,607.59 633,607.59 /0 2 -/3 2--25 -10:iM*frE< - BHL RE Co. Listing Agent The above figures do not include sales or use taxes on personal property. I/We hereby acknowledge reoeipt of this statement. EVELYN F. 12#AltÂ¥3 61 4 . CLiOSING INSTREICT-IONS TO: ASPEN TITLE OORPORATION 600 EAST HOPKINS AVENUE #305 ASPEN (20 81611 ..acrow No. 404378 Seller(s): GEORGE W. BENEDICT Purcleser(s): EVELYN F. HEDMING 1. Seller( s) and Buyer( s) engage ASPEN TITIE CORPORATION (Closing Company) who agree to provide closing and settlement services in connection with the closing of the following described real estate in the County of Pitkin, Colorado, to wit: LOTS D AND E, BLOCK 41, EAST ASPEN ADDITIONAL TOWNSITE also known as 1015 WATERS , ASPEN CO 81611 2. Closing Canpaily is authorized to obtain information and to prepare, obtain, deliver and r'eec)rd all dozurentsf excluding preparation of legal documents, necessary to carry out the te:na ani catitions of the Contract to Buy and Sell Real Estate, dated JANUARY 26, 1996 with any counter proposals and amendments attached (Contract). 3. Closing Company will receive a fee not to exceed $150.00 for providir:g these closing and settlement services, to be the expense of Equally by Boyer & Seller 4. Closing Carpany is authorized to receive funds and to disburse when all funds received are either available for inmediate withtirawal as a matter of right fr'an the financial institution in which the funds have been deposited or are available for inmedi.ate withdrawal as a coequence of an agreement of a fira:'cial ill,Stitution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn "Good Funds". 5. Closing Callpany is not authorized to release any docunents or things of value prior to receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. Closing Catpany shall disk}urse all funds, including real estate ccnmissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lerxler on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated: ( a) Closing Clanparly' s trust account check (b) cashier' s check at seller's expense V- (c) PUnds electronically transferred (wire transfer)to an account specified by the Seller at seller's expense. 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to oorriplete this transaction. 9. Closing Company will prepare and deliver an accurate, complete and detailed closing staterent to Buyer and Seller at time of clos.ing. 10. If closing does not occur, Closing Company, except as provided[ herein, is author- ized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company will be relieved fran any further duty, responsibility or liability in connection with t.hese instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer shall be voided by Closing Company, with the original (s) returned to Buyer and a copy to Buyer' s lender. 11. If any conflicting demands are made on the Closing Company, at its sole discretion, Closing Canpany may hold any monies, documents, and things of value received fircm any party except Buyer's lender. Closing Carpany shall retain such items until (1) receipt of mutual written instruction fran Buyer arxi Seller; or (2) until a civil action between Buyer and Seller shall have been resolved in a Court of conpetent jurisdiction; orÂ· (3) in the alternative, Closing Conpany may, in its sole discretion com-rence a civil action to interplead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Canpany of all further liability and respalsibility and Closing Canpanny shall be entitled to all court costs and reasonable attorney' s fees. Page (1) 12. Tliese cl--- 39 instructic}ns may be only amerteli or t-â€žzinated by ,wri. tten instructions signed by Buyer, Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may regilire Closing Caipany to withhold a substantial portion of the proceeds of this sale wheIi Seller either (a) is a foreign person or (b) will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if wit] tolding applies or if an exemption exists. 14. These Closing Instructions may be executed by each Buyer, Seller and Closing Canpany individually and when each Buyer, Seller and Closing Canpany has executed a copy of these Closing Instructions, such oopies taken together shall be deemed to be a full and ccnplete contract between the parties. 15. Special Instructions: APPROVED AND ACCEPI'ED: APPROVED AND ACCEPrED: Ki . Ch/70 lu Lot~id L, 4/4&61' il?_441)4~~ 46+ 2 JlfÂ·rÂ·Unul~<r 31*4 /5, ; 9% L EVELYN' F. HE*IIFKJ / ' Date Gs-jdS- W. BENEDICT ' Date 5.4,1 SjUZÂ»il ERED=22201 '903. '11 0 -1(0 - 7 0 -7 4./ Social Security No. / / 4-* .2.0 5697 Date Date Social Security No. Social Security No. Date Date Social Security No. Social Security No. Date Date Social Security No. Social Security No. ASPEN TITLE CORPORATION L---Â»1 Ag?2~Mialll EÂ« Officer To be completed by Brbker and Closing Agent BHL RE Co. Ekpker engages,efosig Cortlpany as Broker ' s Scrivener to calplete, for a fee rot to exczeed-9<5 . 003*#de sole exper- of Broker, the follc>wing legal documents: Deed 32 Bill of Sale ~ __ Colorado Real Estate Cculitission approved Promissory Note and Deed of Trust n/a The documents stated! above shall be subject to Broker's review and approval and Broker adaiowledges that Broker is responsible for the accuracy of the above documents. Closing Company shall pay real estate carmissions at disbursement as follows: Listing Company, BHL RE Co. . paid by 100.0% Selling CaIpany, B}IL RE Co. ~~id by % 7 BAIN HUTZLEY & LEVERICH REAL ESTATE cO. 13Â¢; 2(g,5;5**ec/ 54-4, U . 9 Date ASPEN TITLE CORPORATION ay o----ft ' Date 4 Page (2) 4 Escrow No. 404378 REAL ESTATE TAX AGREEMENT It is hereby understood and agreed upon between the Seller(s) and Purchaser(s) of the real property descr.ibed as: I.DIS D AND E, BLOCK 41, EAST ASPEN ADDITIONAL TOANSITE that taxes for the year 1996. due and payable in 1997 have beet, prorated as of this date on the basis of: taxes have been prorated on an estimate of $2564.96 for the year 1996 and are to be considered final settlenent. Purchaser(s) and Seller(s) further wderstand and agree that personal property taxes, if any, have been prorated on the same basis as the real property tax, unless otherwise specified, arxl special assess,ents or 1(xal inproverent districts if any, have been handled according to the real estate contract. Dated and executed this 15th day of MAY , 1996. SELLER( S) PURCHASER(S): A q L././. 4 4 A 1 w- k'-7664 kâ‚¬UE <f; e,LÂ« ,~ft.Â¢7Â»t.;,â€ž), GEOf#GE W. BENEDICT EVELYN 5/ HEFMING 4 I 'IM Escrow No. 404378 ' REAL PROPERTY TRANSFER DECLARATION purpose: ihe real property transfer declaration is used by county assessors to establish the value of real property for property tax purposes and to progerly adjust sales for sales ratio analysis. 39-14-102(4) C.R.S. Requirement: All conveyance documents subject to the documentary fee subiliÂ·tted to the county clerk and recorder for recordation must be accanpanied by a real pruperty transferÂ· declaration. This declaration must be completed and signed by the grantor or the grantee. 39-14-102(1)(a) C.R.S. Peralty for Nonconpliance: Whenever a conveyance document is presented for recordation without the declaration, the clerk and recorder notifies the county assessor, who will send a written notice to the grantee requesting that the declaration be returned within 30 days. Failure by grantee to submit the declaration may result in 'the assessor imposing a penalty of $25.0'0 or .025% of the sales price, whichever is greater. This penalty may be imposed for any subsequent year the grantee fails to submit the declaration, until the property is oonveyed again. All unpaid penalties are certified to the EC)Ull ty treasurÂ·er for collection. 39-14-102(1)(b) C.R.S. Confidentiality: Any information used by the assessor to detennine the actual value of real property, including information derived fran -the Ipal proper+ty trElSfer declarÂ·ation is available to any taxpayer or any agent of such taxpayer, subject to confidentiality requirements as pmvided by law. The assessor is required to make the declara tion avail- able for inspection by the buyer or seller if the seller filed the declaration. 1. Address or legal description of real property: LOIS D AND E, BLOCK 41, EAST ASPEN ADDITIONAL TOWNSITE 2. Is this a transacti.on arong related parties? Yes X No 3. Total Sales Price: $ 625,000.00 Indicate the total corisideration paid for the property including real estate, personal property (carpeting. drapes, appliances, inventory, equipment, furniture), mobile haries, sheds, goodwill, water rights, mineral rights, and any other appurtenances. 4. tihat was the cash dampayment? $ 625,OCO.00 ( Di fference between sales price aixi loan amount. If cash sale enter sales price.) 5. Did sales price include a trade or exchange? Yes X No 6. Did the buyer receive any personal property in the transaction? (Irdicate if any personal property, as described in #3, was included in the -total sales price. If yes, give the approximate value as of the date of the sale) Yes No If yes, the approximate value: S 7. Were ~nineral rights included in the sale? X Yes No Except as reserved of record 8. Were water rights included in the sale? Yes X No 9. If applicable, you may include goodwill for a going business. N/A___Approxijrate ailount of goodwill? 10. Was less; than 100% interest in the IÂ·eal property conveyed? Yes X No 11. Date of Closing: 05/15/96 IF THE PROPERTY IS FINANCED, PLEASE COMPLETE NUMBERS 12 TI-BOUG!-1 15. 12. Was the loan new or assumed? n/a 13. What was the interest rate? n/a 14. What was the term of the loan? n/a 15. Were any points paid? n/a If yes, how many? n/a By Whan? n/a 16. Signed this 15th day of MAY , 1996. GRANTEE: EVEI.NM F. HE+LIIâ‚¬ ' / I GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com June 7, 2018 Mr. Gregg Hemming 311 Midland Ave. Aspen, CO. 81611 RE: Ownefs Authorization to Represent Parcel ID # 273718282002 To whom it may concern: This letter is to certify that I, Gregg Hemming, owner of 1015 Waters Ave. give Gretchen Greenwood & Associates, Inc. permission to represent me for the submittal of the Land Use Application and any discussions with the City of Aspen Community Development Department. The contact information for Gretchen Greenwood & Associates, is as follows: Gretchen Greenwood, Architect Gretchen Greenwood & Associates, Inc. 210 South Galena Street # 30 Aspen, Colorado 81611 Office: 970.925.4502 Mobile: 970.948.2081 Sincerely yours, 4 * dregg Hernming for the Hemming Evelyn F. Trust 4 4 Stat.Mesa loody Crook White Star Ranch ALD - + a *et; '4.â€ž. 1 Stanvood *3 , 4. 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A K ....1,4.,1 t. j '/7 ..\i ji r Moloon CroolÂ¢ 061, - ABIN, Te,Mt* Cklb i.~Luw, 5 304Â¥,"Sr, u 4 , "'aci,sbuc>,iQP'4,4,Â£~4 -4 8 1 1Â·"-0'â€¢â€¢~ ,~'\...* ~~ ~Â£Â·.'~?KeÂ£:crl,;Il ~ i Course ,' / f4411 $l Clâ€¢,6. Ar~n,,. 47~ Â·Â·'411 0. -- r...1 1 1/f m.: 2 9 1 .1 Moloon CWE..., / 4 Â· . I A,pli "-1,11â€¢- Â·Â·4 ..1...1.'...1,3, / f , . 1 C.14â€ž "â€ž. / i ~â€¢Â·'ewc, - Â·11 4 \41.,i % Â¢ 114â„¢, a . Â¥ttltr Miv/~A:Â» " y . 6 kNI. il .':râ€¢, 4-410 ~ ' 'A.*,*4 4 Asner, HOVil,1 1 07 .., , i;~ 1 747 1 I Â· ' Grove Meadowood /4 1 , Â· Â°04â€¢ â€¢ 8. . ' . O.MIA'â€¢,.: "~~~12121 i Y111 4/k. Mt., ' 44 .10,4 C.1.Â¥; 04 1 -0 441 . i , /1".t/$* 4 &64 .1.. , 59*4*/St E ; BRA Ew, 1% , 4 ~Â¢*t $414,1* SL â€¢ 0 spen Highland,Vipe"'4" Â¢ 'FliwsidÂ¢ <KnjLL Village , trees : TÂ¢,41â€ž '113 ; .'ll 1'4Â¢it, Â£ *,All 4 in :*A:i X' fake.. RHIC#=â€¢Câ€¢16 ' â€¢ i 5 C/*Cf. :5 te ./ te :f :F li 2 14 k,0 T .2 Iii '9 9 c#//'ivk 4 \ Mountain Valley p ,/ 1.7 6.- I C '5 1 '7 1 e dillain Ski Ate'th 9 t L .- l':r ri. ,;Club ' , jslillwaferfÂ£*4 9 3 4949!. r'ilit"alld: Ski Alcu .5 '.5 e. t M 1 1/. Pine lake,9 .. .......'*-~ r 0 lol~ Wab> Ave . 1 991 \Â· r.bma:224 GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com Re: Request for a Front Yard Variance of 9' on a 25' required Front Yard setback in the R-15 Zone for Lots D&E East Aspen Addition Address: 1015 Waters Avenue Written Description of Proposed Development: The property at 1015 Waters Avenue consists of a current non-historic 1,591 Sq.Ft. single family home that is being replaced by a new 2,971 Sq.Ft. home. 1015 Waters is a 60' x 100' lot, and a 6,000 Sq.Ft. parcel. Access to the lot is off of Waters Ave. on the south side of the street. The lot is flat at Waters and slopes up 16 feet to the South property line. The steep slopes occupy 16% of the lot. On the Southwest corner of the lot, the Wheeler Ditch traverses the property for a distance of 13'. An Improvement Survey of current conditions and a Historical Topographic survey is attached that both show the location of the Ditch. Due to the slopes on the property, Net Lot Area has been calculated as follows: Gross Lot area = 6,000 Sq.Ft. 0-20% Slope = 4,291 Sq.Ft. = 0 Sq.Ft. Area Deduction 20-30% Slope = 221 Sq.Ft. = 110 Sq.Ft. Area Deduction (50%) 30% and Greater = 850 Sq.Ft. = 850 Sq.Ft. Area Deduction (100%) Total Area Deduction = 960 Sq.Ft. Total Net Lot Area = 5,040 Sq.Ft. Allowable Floor Area on 6,000 Sq.Ft.= 3,240 Sq.Ft. Net Lot Floor Area on 5,040 Sq.Ft. = 2,971 Sq.Ft. (269 Sq.Ft. FA Deduction) The zoning in the neighborhood is R-15. This parcel is a non-conforming lot in the R-15 Zone, due to the size of the property. It is noted that 1015 Waters is one of a few, small and non-conforming lots in this R-15 Waters Zone District. (See attached Parcel map of area) The minimum lot size in the Zone is 15,000 Sq.Ft. and the minimum lot width is 75'. 1015 Waters lot width is 60' and a depth of 100' for a total of 6,000 Sq.Ft. The Required setbacks for R-15 and of this lot are as follows: Front Yard Setback: 25'-0" Side Yard Setbacks: 10'-0" Combined 20'-0" Rear Yard Setback: 10'-O" ' 1 Page 2 The current building plans are in the Building Department undergoing permit review. During this permit review process, the Engineering Dept. has ruled that the City has a prescriptive easement for this ditch on the property and that Engineering will require a 10 foot setback for all structures from the center line of the ditch. Early in the planning phase of the project, inquiries about the ditch occurred with the Architect and the Water Department, who manages this ditch. At that time, there were no requirements by the Water Dept. and or municipal codes that described any easements or requirements regarding the ditch. The Engineering Dept. through the permit review process has stated that in fact the City has a prescriptive easement and requires a formal recoding of that Easement between the Owner and the City of Aspen. The project is in the process of surveying and recording an Exhibit to the title and Survey for this Easement. Solution: The proposed structure including the foundation wall and shoring required for excavation sits within this new ditch easement. The building as required was designed to meet the required setbacks of a 25' front yard setback, and 10' rear yard setback as well as the 10' side yard setbacks. The requested Variance of the front yard by 9' will allow the structure to move to the north and comply with the ditch easement. The front yard setback will be 16' versus 25'. The non-conforming lot size and the large 25' front yard setback for this small lot (which the lot is the size of a West End R-6 Zone with a front yard setback of 10'), coupled with 30-40% slopes, and the required setback for the ditch creates a development hardship. Had the front yard setback been less than 25', the desired location of the house would be closer to Waters Ave. and further from the ditch and steep slopes. But given the 25' setback on this small parcel, the building had to be pushed to the rear conflicting with the ditch. The Front yard Setback Variance request of 9' for a setback of 16' is the minimum necessary for the structure to meet the Engineering Easement requirement. 4 9 Page 3 Relevant Documents Attached In connection with this request, the following information is attached: 1. Improvement Survey and Slope Analysis of Lots D&E Block 41 East Aspen Addition (also known as 1015 Waters Avenue) prepared by Tuttle Surveying Services. 2. Historical Improvement survey for use in calculating pre- development Floor Area prepared by Tuttle Surveying Services. 3. Site Plan of the Proposed Structure with the Front Yard Setback reduced to 16'-0". 4. 26.710.050 R-15 Zone District Standards 5. Parcel Map of Waters Ave. Relevant Code Section Responses 26.710.050 R-15 Zone District Response: This Land Use Application has complied with the requirements set forth in 26.710.050 with the exception of the Front Yard Setback, as this application is requesting a reduction of the Front Yard Setback of 9' for a final Front Yard setback of 16'. 26.304 Common Development Review Procedures Response: This Land Use Application has included the requirements set forth in 26.304 and are as follows: 1. Land Use Application and Signed Fee Agreement 2. Pre Application Conference Summary 3. Street Address and Legal Description and a Current Title Certificate And pertinent documents regarding the Owner's right to apply for the Development Application. 4. Authorization Letter signed allowing Gretchen Greenwood to be the Representative for the Application. 5. Improvement Survey 6. Historical Site Improvement Survey for purposes of Floor Area Calculations dated 5-9-2018. 7. Site plan depicting the proposed development with a reduced Front yard setback of 16'-0". 8. An 8-1/2" x 11" Vicinity Map. 9. An 8-1/2" x 11" Parcel Map of Waters Avenue neighborhood. 10. HOA Compliance Form, signed. 11. A written Description of the Proposed Variance. 4 Page 4 12. A written response to all review criteria in Section 26.314.040. Variances 26.757.020 Calculations and Measurements Response: This Land Use Application has complied the requirements set forth in 26.757.020 with the exception of the Front Yard Setback, as this application is requesting a reduction of the Front Yard Setback of 9'-0" for a final Front Yard setback of 16'-0". 26.314 Variances 26.314.040 Standards applicable to Variances Written Responses A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate session-making body shall make a finding that the following three (3) circumstances exist. 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of this Title and the Municipal Code. Response: The requested 9' variance on a required Front Yard Setback of 25' on a non-conforming residential lot of 60 x 100 is consistent with a typical zoning of other 60 x 100 foot lots in the City of Aspen for a single family home, where the front yard setback is typically 10'-0". The variance will produce a 16' setback which is consistent with the Municipal Code in the R-15 Zone District that has deeper setbacks than found in other residential areas. The 16' foot setback will maintain a deeper setback and be proportional with the 60' width of the lot. The variance will also allow added protection from construction of the ditch. 2. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building and or structure. Response: The 9' requested variance was determined based on the construction of the foundation over-dig that will include the shoring and micro-piles for the construction of the foundation walls. 4 4 4 Page 5 3. Literal Interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardships distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal code to other parcels, buildings or structures, in the same Zone District. Response: 1015 Waters has several unique circumstances which are: 1. Non-conforming lot of 60 x 100. This lot is one of a few undersized parcels on Waters that is non-conforming (see attached parcel map of Waters Ave.). The majority of the parcels on Waters Ave. are conforming lots of 15,000 Sq.Ft. and/or 75' wide lots. The lot at 1015 Waters is subject to the same setbacks as the larger 15,000 Sq.Ft. parcels on the sanne street. The larger lots have the area to accommodate the 25' setback as well as any larger lots that are subject to the new 10' ditch easement. This smaller parcel with the 25' setback and 10' ditch easement has less area to build. 2. The Wheeler Ditch Easement and restrictions are unique circumstances on this parcel that create additional hardships for building. 3. Steep slopes. The rear portion of the lot has 30-40% slopes that contribute to a reduced Floor area. In summary, combining the 25' front yard setback with the 10' Easement restrictions along the south property are 4 4 Page 6 unique circumstances only to this parcel and not applicable to other parcels on Waters in the R-15 District. This situation creates a hardship that other properties in the Waters Ave. neighborhood do not have. The steep slopes on the property reduce the allowable floor area and combined with the 25' setback and the ditch easement, the building size and area are further reduced, creating a hardship that other properties on Walnut do not have. By reducing the Front yard setback to 16' from 25', by the act of a Variance, the lot will enjoy the same building rights as do the other parcels on the street. By the granting of this variance, the property has a 16' setback proportional with the width of the lot, yet still maintaining the deeper setbacks as is the case in an R-15 Zone, as well as protecting the ditch easement from close encroachments of a building. All other side yard setbacks and rear yard setbacks required in the R-15 Zone District are maintained with the granting of the Variance. 4 4 Page 1 of 1 t I i- .- C! 4+ 1: m ' , , 1 16. '00 I , 101 900 Â¥0 4 / 7----- , = 1 - J. 1 34 426 f , t R-6 , '42. . /36 .0 IICI 1,01 / 10/0 1 1 196 %1901 ., / -1. 1 ' 11. 8 .0, 42> 11,16 0 1 97/9 I. , I , f + ' ' lili - 9 1 1236 1 1 1. 1 PO , ta,t ... :F i + 'lf u 1.1 4- f , 1-41 2 .4 926 , 1 _ *.,T t. ~193 I 671 /49 plO ' 1190 W ATER $ / h 1.9 , 1 :186 Â· 1 W- , .SM'â‚¬ E' 807 90 WMF /- 1.0 F Ill ./ 1 t 5.9 , .-9- 870 1 121& .06 7-11 0 - 1=20 1 .=% It 6/ PO 1 1 9 2 , ,#. . .. . 1 4.4 . .Cu * 4, 1 1 ~ #3$ 1 \ 41. 1101 0 12-15 , 1 112* O Â· ' 1 2 1,11 R-15 h =0, p 610 3 1103 - 11 1=6 610 . 110 / 4 1 ' 12= / .PO .06 1 510 579 . i J r 1116 I 1 510 ., i , 11,6 1 12Si L . 610 1 I .10 11- 1112 , 6,0 *L-1 -tjh.of f:,s# .. . rL El E 610 I 1116 = 2 , 500 2 1 L--1 1 9 1 Z 1 i '142 %' 2 .'. 1 1 & 1 \ 0 1 7 TZ;. . f 19 3* 'b / 37 1 -, , 78/ 1901# , C w I : I / I / 4 ; % 1 06 18 0 ** , 1% RR pÂ¤ *t 4..0. 38 k 't N e i'. it 2 = 5 1 Or R-15 po .. ig 1 e B 11% 10,1 P 17.1 1 // '0/' ' i 't Â¢R *, 1 1.1 172 1 1/ 9 1001 ~9 8 11 Hil # \1 /016 WaÂ·lus Ave . (,d x /80' fitne ~ 4 file:///D:/1.%20GGA%20ARCHITECTURAL%20JOBS%20CURRENT/1015%20WATER... 6/7/2018 14/9 1 g 26.710.050 Moderate-Density Residential (R-15). A. Purpose. The purpose of the Moderate-Density Residential (R-15) Zone District is to provide areas for long-term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate-Density Residential (R-15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate-Density Residential (R-15) Zone District. B. Permitted uses. The following uses are permitted as of right in the Moderate-Density Residential (R-15) Zone District. 1. Detached residential dwelling. 2. Duplex. 3. Two detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.040 7. Vacation rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-Density Residential (R-15) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Arts, cultural and civic uses. 2. Academic uses. 3. Agricultural uses. 4. Recreational uses. 5. Group home. 6. Child care center. 7. For historic landmark properties: bed and breakfast and boardinghouse. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District. 1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by Section 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). 2. Minimum Net Lot Area per dwelling unit (square feet) City o f Aspen Land Use Code 4 4 Part 700, R-15 zone Page 1 , 1 a. Detached residential dwelling: \ 5,000. For historic landmark properties: 3,000. b. Duplext 7.500. For historic landmark properties: 3,000. e. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030.A.4, Historic landmark lot split: Thirty (30). 4. Minimum front yard setback (feet): a. Residential dwellings: twenty-five (25). b. Accessory buildings and all other buildings.- thirty (30). 5. Minimum side yard setback (feet): Ten (10). 6. Minimum rear yard setback (feet): a. Principal buildings: 10 b. Accessory buildings: 5 7. Maximum height (feet): Twenty-five (25). 8. Minimum distance between detached buildings on the lot (feet): Ten (10). 9. Percent of open space required for building site: No requirement. ] 0. External floor area ratio (applies to conforming and nonconforming lots of record): City of Aspen Land Use Code 4 Part 700, R-15 zone 4 Page 2 Net Lot Allowable Floor Area for Allowable Floor Area for Two Area Single-Family Residence* Detached Dwellings or One (Square Duplex* Feet) 0-3.000 80 square feet of floor area for each 90 square feet of floor area for each 100 square feet in Net Lot Area. up 100 square feet in Net Lot Area, up to to a maximum of 2,400 square feet a maximum of 2,700 square feet of of floor area floor area 3,000-9,000 2,400 square feet of floor area, plus 2,700 square feet of floor area, plus 28 square feet of floor area for each 30 square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 4,080 Area, up to a maximum of 4,500 square feet of floor area square feet of floor area. 9.000- 4,080 square feet of floor area, plus 7 4,500 square feet of floor area, plus 7 15,000 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 4,500 Area, up to a maximum of 4,920 square feet of floor area square feet of floor area 15,000- 4,500 square feet of floor area, plus 6 4,920 square feet of floor area, plus 6 50.000 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 6,600 Area, up to a maximum of 7,020 square feet of floor area square feet of floor area 50,000+ 6,600 square feet of floor area, plus 2 7,020 square feet of floor area, plus 3 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area. Area. * Total external floor area for multiple detached residential dwellings on one (1) lot shall not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed on the inventory of historic landmark sites and structures shall not exceed the floor area allowed for one (1) detached residential dwelling. Each City historic transferable development right certificate extinguished, pursuant to Chapter 26.535, Transferable development rights, shall allow an additional two hundred and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one ( 1) floor area increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory of historic sites and structures shall not be eligible for this floor area increase. Nonconforming uses and structures shall not be eligible for this fioor area increase. No more than one (1) floor area increase shall be allowed per residence, with the following exceptions: City ofAspen Land Use Code Part 700, R-15 zone Page 3 t - a. Non-historic properties with a net lot area of 15,000 sfor larger that contain only a single family residence are eligible to extinguish up to two (2) historic TDRs. (Ord. No. 56-2000,44 2,7 [partl; Ord. No. 25-2001,44 2,5 [part.]; Ord. No. 1-2002, Â§ 20 [part]; Ord. No. 54-2003,4 7; Ord. No. 50-2005,4 2; Ord. No. 27-2010, 44; Ord. No. 34- 2011.44; Ord. No. 33-2014, 43) City of Aspen Land Use Code Part 700, R-15 zone 4 Page 4 Markup Summary A-Architecture. 1015Waters.2018-4.pdf (1) 113~-- *EE Page: A-100 LOWER LEVELÂ·50FLOOR PLAN :rer-trit -4 *;m File Name: A-Architecture.1015\Naters.2018-4.pdf The foundation must be 10ft from the center line of the ditch. 11"L 3 37 LELAS =-'. LOWER LEE FLOORPL C-Civil Engineering.1015Waters.2018.4.pdf CIO) - - Page: Cl li,1)64/ Show meter location. --1- File Name: C-Civil Engineering.1015Waters.2018.4.pdf ..../.6.- l. t- 1 -4 - 1 .. - 111 ;-- C u - -5 4-f -12$*f i 9-4 U H. Â£ 4.4.3 ... 8 u- CE ' h - -2....JL '1 tt : ,Â·m -mir Page: Cl A maintenance and access File Name: C-Civil Engineering. 1015Waters.2018.4.pdf easement must be provided for ren-1-1 .a"te"-Tent rÂ»/ t. lov~" fo. the ditch on property. The 4 -deh p /00~ty *nt-I ,--Â·- . 10111,0,â€¢ceâ€ž1. easement must be 10ft from .UC./1 *astructuiecal- center line of ditch. No structural 444 \ 7-==ce- infrastructure can be within 10ft of center line of ditch. l_ 3 j Page: C2 Profile 1 is incorrectly labeled File Name: C-Civil Engineering.1015Waters.2018.4.pdf and should reference Detail F. 0+00 ; 7860Â·-Ezz~--ZIE===: rr~~~-r' .,-, . : 70501 PROFILE - 1 Page: C2 Soils report recommends File Name: C-Civil Engineering.1015Waters.2018.4.pdf foundation drains. Please show Soils re port "VI~ on plans. recommends '1~ foundation drains. H Please show on ~0 plans: -' i ~.~ TALS PER HITFCT 4 4 0 1 Page: C2 General Notes section not File Name: C-Civil Engineering.1015Waters.2018.4.pdf legible. Please revise. General Notes; sectioni -not legible, Please , Ilinl~lll .TIC 1- 09#se 11[la ..... r 1: dll ..Li_ ItrrmCInrILI d TE TEII} 00 78â‚¬ 21:11~ILLIZLind, / Imall ED[1[ill=c 31.2-210261}3 S//21 3 11:DE}lilll ImI} /Itit:1332 (J, InrEIT{Ind. mId, a Ill 31 Im Tilld d III=]CD =DEÂ£122[En Page: 02 How will the southern swale be File Name: C-Civil Engineering.1015Waters.2018.4.pdf conveyed through retaining wall (A sTACKED ROCK WALL shown. / How will the southern swale be conveyed :'- %,Xer/Z*%4 4- m ,â€¢TCH EX '-1 . /SLOPE GRADE -=6Â»E*=1113 74 Â©i Page: (4 @5 -- Permeable paver detail does not *0 rile Name: C-Civil Engineering.1015Waters.2018.4.pdf - mea; M comply with the URMP spec. C ...E~~~. D 1 -- See Figure 8.31 in the URMP for 9. i m-,-L --1 guidance on appropriate I., 103212 *97 permeable paver cross section. G P..=./.9 4 un .--- furs B 10 0 Page: C4 Media should be 70% sand and File Name: C-Civil Engineering.1015Waters.2018.4.pdf 30% combination topsoil and 1- VAR,1 organic matter, per the URMP. Media should be 70 % sand and~ 2 Â© 4 30% combination topsoiland aÂ« Â· 1 organic matter, per the URMP. 4{ ~ 1 85% ASTM O-33 5AND 15% PIT DRUM MIXED V BIO-RE- Page: C4 Is work being proposed on the 1vn -at File Name: C-Civil Engineering.1015Waters.2018.4.pdf K !89~21~In ditch? re /&=- 1 , ,-95 r 23> P - 1 p. 5.4 1.IMP 4 4 14 !111 11/1 Im i:, 1, *2*3//* 1 4 1 1 Page: 05 Please re-incorporate these File Name: C-Civil Engineering.1015Waters.2018.4.pdf figures on sheet C5. They are illegible. Please re-incorpcrate these Â·0 - -figures on sheet (5. They are - megible. -- 11 100. bl'.4 G-Shoring.1015Waters.2018.4.pdf (3) Page: Grade-2 Temporary Micropile Wall Location No utilities are depicted on the File Name: G-Shoring.1015Waters.2018.4.pdf plan. Shallow and deep utilities No utilities hÂ¥* depicted on the plan 9 need to be depicted in order to Shallow and deep utilities need to be q depicted in order to ensure no conflicts] ensure no conflicts exist. Please exist. Please depict all utilities on the 1 btabilization plan, including those to bel depict all utilities on the abandoned and those proposed 3 stabilization plan, including those Indicate how proposed utilities will be 3 goordnated with the retaining wail *4~ to be abandoned and those proposed. Indicate how proposed utilities will be coordinated with the retaining wall. Page: Grade-2 Temporary Micropile Wall Location No structural infrastructure File Name: G-Shoring.1015\Naters.2018.4.pdf including micropiles can be 17 within 10ft of ditch. REÂ»L- ...1,= 1 1 1~4447-3 .... LJJ?lelitÂ· 5 i (*W -- 1 --' -132* 1-- toi C Ah+ -"'=2~4. Page: Grade-4 Temporary Micropile Wall General Notes File Name: G-Shoring.1015Waters.2018.4.pdf n~,~*r~~.C~~ n i~J~. Add a note stating that movement readings from the . movement monitoring plan shall be made available to the City Add a no~ *10Â·, --*e.0.g, Rom t. *r. ~1On#Ur/9.....0 -d* -*.... 04, Er--N * en!.fenwe-d The E~gw~,ngÂ©ae-,~Â»1,~11*.0.. Engineering Department if ~:ver-t / delected cu*s.de =Â®ot-Â»,h.eshold, .dt,ag~/mi. requested. The Engineering Department shall be notified if movement is detected outside acceptable thresholds. L-Landscape Plans.1015Waters.2018.4.pdf (1) Page: L-1 LAYOUT AND MATERIALS File Name: L-Landscape Plans. 1015\Naters.2018.4.pdf Please verify that a tree removal permit has been submitted to the Parks Department. - i.in.0/ permit , ] ====2 4 1 , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMIMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET 1-1 TILL Cri'Â¥ 01, Abl'i:N | Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attemptsto summarize the key provisions of the Code as they apply to yourtype of development, it cannot possibly replicate the detail orthe scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. 4 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 a 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected forland use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative- meaning an application with multiple flat fees must be paythe sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also chargetheirtime spenton the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment includingthe deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required forthe processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed forthe additional costs incurred bythe City when the processing of an application bythe Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes lesstimethan provided for bythe deposit, the department shall refund the unused portion of the deposited fee tothe applicant. Fees shall be due regardless of whetheran applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid priorto the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled priortothe Directoraccepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days pastdue. Unpaid invoices of 90 days or more pastdue may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is publicdomain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application forthe property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 4 4 November 2017 Citv of Asoen I 130 S. Galena St. I (9701 920 5090 l CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Please type or print in all caps Address of Property: 1015 WATERS AVENUE ASPEN, CO. 81611 Property Owner Name: EVELYN F. HEMMING TRUST Representative Name (if different from Property Owner) GRETCHEN GREENWOOD Billing Name and Address - Send Bills to: GRETCHEN GREENWOOD 210 SOUTH GALENA STG. # 30 ASPEN, CO. 81611 Contact info for billing: e-mail: ggreenwood@ggaaspen.com Phone: 970-948-2081 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. $ $ 2,275.00 flatfee for . * flat fee for $. flat fee for . 1 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. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. 1 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 I 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. $ 1,950.00 hours of Community Development Department staff time. Additional time deposit for 6 above the deposit amount will be billed at $325.00 per hour. $ 325.00 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: --1 - signature: Jessica Garrow, AICP Community Development Director PRINTName: GRETCHEN GREENWOOD City Use: Title: ARCHITECT/OWNER REPRESENTATIVE Fees Due: $ Received $ Case # , November 2017 City of Aspen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address: 1015 WATERS AVENUE ASPEN, CO. 81611 2737-182-82-002 Parcel ID# (REQUIRED) APPLICANT: EVELYN F. HEMMINGTRUST Name: Address: 311 MIDLAND AVENUE ASPEN, CO. 81611 Phone#: 970-948-0846 email: hemming@rof.net REPRESENTIVATIVE: Name: GRETCHEN GREENWOOD Address: 210 SOUTH GALENA ST. #30 ASPEN, CO. 81611 Phone#: 970-948-2081 email: ggreenwood@ggaaspen.com Description: Existing and Proposed Conditions THE 60 X 100 FOOT LOT IN THE R-15 ZONE HAS AN EXISTING SINGLE FAMILY RESIDENCE, THAT IS NOT HISTORIC. THE PROPOSED PLAN IS TO DEMOLISH THE EXISTING HOUSE AND REPLACE WITH A NEW SINGLE FAMILY HOUSE. THE LOT IS A NON CONFORMING LOT IN THE R-15 DISTIRCT. THE ACCESS TO THE LOT IS OFF OF WATERS AVENUE. THE SITE IS FLAT AT WATERS AND SLOPES UP TO THE SOUTH BY 25 FEET. AT THE SOUTH WES PROPERTY LINE, THE WHEELER DITCH CROSSES OVER THE CORNER OF THE PROPERTY. Review: Administrative or Board Review BOARD OF ADJUSTMENT Required Land Use Review(s): MUNICIPAL CODE: VARIANCE Growth Management Quota System (GMQS) required fields: N/A Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 2,275.00 ~ Pre-Application Conference Summary ~ Signed Fee Agreement 7 HOA Compliance form pq All items listed in checklist on PreApplication Conference Summary 4 4 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location 1015 WATERS AVENUE ASEPN, CO. 81611 Applicant: GRETCHEN GREENWOOD FORGREGG HEMMING FOR EVELYN F. HEMMING TRUST Zone District: R-15 Gross Lot Area: 6,000 SQ. FT. Net Lot Area: 5,040 SQ. FT. ** Please referto section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Familyand Duplex Residential Multi-family Residential Existing Allowed Proposed Existing Allowed Proposed 1) Floor Area (square feet) 1,591 2,971 2,971 1) Number of Units 2) Maximum Height 20 FT. 25 FT. 25 FT. 2) Parcel Density (see 26.710.090.C. 10) 3) Front Setback 15 FT. 25 FT. 16 FT. 3) FAR (Floor Area Ratio) 4) Rear Setback 10 FT. 10 FT. 10 FT. 4) Floor Area (square feet) 5) Side Setbacks 10,FT. 10 FT. 10 FT. 4) Maximum Height 20 FT. 20 FT. 20 FT. 6) Combined Side Setbacks 5) Front Setback 40% 7) % Site Coverage 6) Rear Setback 8) Minimum distance between buildings N/A 7) Side Setbacks Proposed % of demolition 100 Proposed % of demolition Commercial Lodge Proposed Use(s) Additional Use(s) Existing Allowed Proposed Existing Allowed Proposed 1) FAR (Floor Area Ratio) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 2) Floor Area (square feet) 3) Maximum Height 3) Maximum Height 4) Off-Street Parking Spaces 4) Free Market Residential(square feet) 5) Second Tier (square feet) 4) Front setback 6) Pedestrian Amenity (square feet) 5) Rear setback Proposed % of demolition 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: TH F SITF IS A NON CONFORMING I AT IN THF R-15 7ONF DATRICT AT 1015 WATERS A\/ENI_IE THE WIDTH OF THE LOT IS 60 FEET AND THE MINIMUM STANDARD FOR THE R-15 ZONE IS 75 FEET. Variations requested: A FRONT YARD SETBACK OF 9 FEET IS REQUESTED, AS 15.5% OF THE LOT IS SUBJECT TO STEEP SLOPES LOCATED PRIMAIRLY IN THE SOUTHWEST PORTION OF THE LOT. AT THIS SLOPED AREA, THE WHEELER DITCH PASSES THROUGH THE LOT. THE ENGINEERING DEPT IS REQUESTING A 10 FOOT SETBACK FROM THE CENTERLINE OF THE DITCH TO BE VACANT OF ANY STRUCTURE. WITH THE COMBINATION OF THE STEEP SLOPES AND FTHE 25 FOOT FRONT YARD SETBACK THAT PUSH THE NEW RESIDENCE TO THE REAR OF THE LOT, AND THE ENGINEERING SETBACK THAT LIMITS THE DEVELOPMENT ON THE REAR OF THE PROPERTY WHICH CAUSES VERY LIMITED DEVELOPMENT OPPORTUNITIES. . November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which appliestoyourdevelopment proposal and will identify the materials necessaryto review yourapplication. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whethertheapplication iscompleteor if additional materialsare required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whetherthe information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature bythe Community Development Director. The memo willexplain whetheryourapplication complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application iseligible forthe requested amendmentorexemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing inthe paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing boarcils). braTT Wlll SUpply lile Appl:Ldlll Willl d LUpy U( l|le rld,11111!g Jldll b I Iici liu appluA,1 Ilatc4 5 day:, priorto the hearing. The public hearing(s) willtake place beforethe appropriate review boards. Public Hearings include a presentation bythe Planning Staff, a presentation bythe Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) 4 4 November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 4 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicantto proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. 4 4 November 2017 Citv of Ast:en I 130 S. Galena St. I (970) 920 5090 t ./ 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 bv the property owner or Attorney representing the propertv owner. Name: GREG HEMMING FOR THE EVELYN F. HEMMING TRUST Property Owner ("1"): Email: hemming@rof. net Phone No.: Address of 1015 WATERS AVENUE ASPEN, CO 81611 Property: (subject of application) I certify as follows: (pick one) Â® This property is not subject to a homeowners association or other form of private covenant. ~ 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. U 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 documenUs a public document. Owner signature: date: 0-7, a 7 n 14 'l Owner printed name: GREGG HEMMING FOR THE EVELYN F. HEMMING TRUST or, Attorney signature: date: Attorney printed name: November 2017 Clry of Aspen i 130 S. Gaiena St. 1 (970) 920-5C90 4 4 CITYOFASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer DATE: 6.5.18 PROJECT: 1015 Waters Avenue REPRESENTATIVE: Gretchen Greenwood, Gretchen Greenwood Architects REQUEST: Setback variances DESCRIPTION: The applicant submitted a building permit and during review, the Engineering Department noted that the proposed development encroaches on a prescriptive ditch easement 10' setback in the southwest corner of the property, which is not allowed. The applicant is to work with the Engineering Department to formalize the ditch easement, but that process is separate from the setback variance request. The property is zoned R-15. Approximately 15.5% of this lot is subject to steep slopes located primarily in the southwest portion of the property, a ditch passes through the same portion of the property. The Engineering Department requires all development be outside a 10' foot setback from the center line of the ditch. This code requirement necessitates either a redesign of the proposed development, or a setback variance to reduce the front yard setback. A reduced setback would allow for the structure to move toward the front property line, and out of the ditch setback. The applicant preference is to pursue a setback variance. The lot is non-conforming in terms of minimum lot width. The standard for the R-15 zone district is a minimum of 75', the existing lot width is 60'. The applicant believes there is a hardship on the property because of the narrow lot size, the 25' front yard setback, and steep slopes that limit development opportunities. A request for relief from front, side and/or rear setback requirements may be submitted pursuant to Municipal Code Chapter 26.314, Variances, and will be reviewed by the Board of Adjustment. The Applicant shall address the applicable review criteria, listed below. Below are links to the Land Use Application form and Municipal Code for your convenience: Land Use Application: Land Use Application Municipal Code: Land Use Code Relevant Code Sections Setback Variance 1015 Waters Avenue 2737]8282002 1 1-11 26.304 Common Development Review Procedures 26.314 Variances 26.575.020 Calculations and Measurements 26.710.050 R-15 zone district Review by: Staff for complete application and recommendation Engineering for referral comment Board of Adjustment for determination Public Hearing: Yes Planning Fees: Variance ($1,950 for 6 hours) Referral Fees: Engineering (per hour) - $325 Total Deposit: $2.275. Additional/lesser hours will be billed/refunded at a rate of $325 per hour. To apply, submit one complete copy of the following information: 1 Land Use Application and signed fee agreement. 1 Pre-application Conference Summary (this document). O 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. Â¤ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone numberof the representative authorized to act on behalf of the applicant. O A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Setback Variance 1015 Waters Avenue 273718282002 i 4 2 Â¤ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 1 HOA Compliance form (Attached) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. While complete architectural drawings for the proposed redevelopment are not required, the applicant must adequately demonstrate the need for variances and the location of the variances. 0 Written responses to all review criteria in Section 26.314.040. Once the application is deemed complete by staff, the following items will then need to be submitted: Â¤ 2 Copies of the complete application packet and, if applicable, associated drawings. 0 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. Setback Variance 1015 Waters Avenue 273718282002 4 4 3 GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com APPLICANT'S NAME HEMMING, EVELYN F. TRUST 311 MIDLAND AVENUE ASPEN, CO. 81611 LEGAL DESCRIPTION: LOTS D&E EAST ASPEN ADDITION PROPERTY ADDRESS: 1015 WATERS AVENUE ASPEN, CO. 81611 TITLE CERTIFICATE IS ATTACHED 4 4 1 / \ Land Title Guarantee Company Customer Distribution Land Title~ a 'ARINTEr- CRIMNY ,*~ PREVENT FRAUD - Please remember to call a member of our closing team when -SE,ue ">67- Lix initiating a wire transfer or providing wiring instructions. Order Number: Q62009289 Date: 04/13/2018 Property Address: 1015 WATERS AVE, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Kimberly Parham Stefani Heaphey Roaring Fork Valley Title Team 533 E HOPKINS #102 533 E HOPKINS #102 533 E HOPKINS #102 i ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 (970) 925-1678 (Work) (970) 925-1678 (Work) (970) 927-0405 (Work) (303) 393-4870 (Work Fax) (800) 318-8202 (Work Fax) (970) 925-0610 (Work Fax) kparham@ltgc.com sheaphey@Itgc.com valleyresponse@Itgc.com Contact License: CO414945 Contact License: CO526720 Company License: CO44565 Company License: CO44565 Seller/Owner GRETCHEN GREENWOOD ARCHITECTS, INC. HEMMING EVELYN FTRUST Attention: GRETCHEN GREENWOOD Delivered via: Delivered by Realtor 210 SOUTH GALENA STREET, SUITE 30 ASPEN, CO 81611 ggreenwood@ggaaspen.com Delivered via: Electronic Mail 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62009289 Property Address: 1015 WATERS AVE, ASPEN, CO 81611 1. Effective Date: 03/23/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EVELYN F. HEMMING TRUST 5. The Land referred to in this Commitment is described as follows: LOTS D AND E, BLOCK 41, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24,1959 IN DITCH BOOK 2A AT PAGE 252. COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing ASSOCIATION as of the date of use. All other uses are prohibited. Reprinted under license from the *&+- American Land Title Association. 4 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62009289 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. THE FULLY EXECUTED TRUST AGREEMENT OF EVELYN F. HEMMING TRUST, A TRUST, MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY PRIOR TO CLOSING SO THAT THE COMPANY CAN CONFIRM THE ACCURACY OF THE STATEMENTS APPEARING IN THE STATEMENT OF AUTHORITY OR TRUST AFFIDAVIT OF PUBLIC RECORD. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR EVELYN F. HEMMING TRUST RECORDED NOVEMBER 30,2006 AT RECEPTION NO. 531651 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES EVELYN F. HEMMING AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. WARRANTY DEED FROM EVELYN F. HEMMING TRUST TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 4 4 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part 11 (Exceptions) Order Number: Q62009289 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 21, 1955 IN BOOK 180 AT PAGE 454. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69. 10. EASEMENTS, RESERVATIONS AND ALL MATTERS AS SET FORTH ON THE PLAT MAP OF EAST ASPEN ADDITION RECORDED AUGUST 24,1959 IN DITCH BOOK 2A AT PAGE 252. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR SEWER AND WATER LINE AS SET FORTH IN DEED OF EASEMENT RECORDED JULY 12, 1974 IN BOOK 289 AT PAGE 142. 4 4 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Title a ARANTET COMM,Ny ....G,-967 - Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1,1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: , 4 This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(ah It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. 4 4 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, V- LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY Land Title Gl'ARANTE.F COMPY,Ny LAND TITLE INSURANCE CORPORATION AND -8,42 1967 - OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: â€¢ applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; â€¢ your transactions with, or from the services being performed by us, our affiliates, or others; â€¢ a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Â· 1 VIâ€¢Jul,Â£41 1~Ilvill,Uivll Â¥,11-11 UUM..,IVVI/U YQ[1111~Lou vy clppival,u pilvauy lal,VO DUU,1 Cle, IUI CAC:111,plt;, VVIIWII UlbUIUC,UI~ 16 needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 4 **** Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE ~* IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice: Schedule B, Part 1-Requirements, Schedule B, Part ll-Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of tile area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed ot trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) 'Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule 8, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: Ca) the Notice: (b) the Commitment to Issue Policy: (c) the Commitment Conditions; (d) Schedule A: (e) Schedule B. Part 1-Requirements; and (f) Schedule B, Part 11-Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4 COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5 LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part 1-Requirements: Ii. eliminate, with the Company's written consent, any Schedule B, Part 11-Exceptions: or iii. acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 11 the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILIT~ OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 4 (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. M The deletion or modification of any Schedule B, Part 11-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at httpf/www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ...."ll"I' Old Republic National Title Insurance Company, a Stock Land Title Guarantee : *FLT'71.642., Company Company 9 5 * %2 400 Second Avenue South 3033 East First Avenue Suite z o * & ~ Minneapolis, Minnesota 55401 600 * ~- (612)371-1111 Denver, Colorado 80206 - O. 303-321-1880 " Se,4684 62970- ,ff-1Jt iff~ "f....4 1 ey, President President Rande Yeager, Secretary This page is only a part of a 2016 ALTAÂ® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice: the Commitment to Issue Policy: the Commitment Conditions: Schedule A Schedule B, Part 1-Requirements; and Schedule B, Part 11-Exceptions: and a counter- signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. -- , EXHIPITH GENERAL ~684~+DWAf DEED 15 May THIS GENERAL WARRANTY DEED is made this day of 1996, between GEORGE W. BENEDICT, whose legal address is 7 Seafield Lane, Westhampton Beach, NY 11978, grantor, and EVELYN F. HEMMING, whose address is 2201 Parkside Drive, Park Ridge, IL 60068, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with any improvements located thereon, if any, lying and being in the City of Aspen, County of Pitkin and State of Colorado, described as follows: Block 41, Lots D and E, East Aspen Additional Townsite, Pitkin County, Colorado, known as 1015 Waters, Aspen, CO 81611. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest claim and demand whatsoever of the grantor, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his respective heirs and assigns forever. The grantor, for itself, its successors and assigns, does covenant, grant bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, has good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except as set forth below and on Exhibit attached hereto. SUBJECT TO: those items set forth in Exhibit "A" attached hereto. The grantor shall and will WARRANT AND FOREVER DEFEND the above- argained premises in the quiet and peaceable possession of the grantee, his successors and ~ ~signs, against all and every person or persons claiming the whole or any part thereof, by, rough or under the grantor. 4 4 1 4 General Warranty Deed George Benedict to Evelyn F. Hemming Page 2 IN WITNESS WHEREOF, the grantor has executed this General Warranty Deed on the date set forth above. Gp955~~TEDICT YAM.7-6% 1 <V 0 . STATE OF F60O/4 ) ) SS: , COUNTY Atm gEACH ) The foregoing instrument was acl<no~edged befole me this 3 AP day of APR, L , 1996, by George Benedict Grantor herein. Witness my hand and official seal. C j \1021 4 iut . Notary 0(iblic My commission expires: \53)1(198 K.SEAGRAVE 3.: U :.3 MY COMMISSION # CC353390 EXPIRES Match 11, 1998 Nfl-Â·Â·Â·i*e BONDED THRU TROY FAIN INSURANCE. tVC . , 4 COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY EVELYN F. IIIÂ£MMING, ALSO KNOWN AS EVELYN HEMMING, PRINCIPAL NOTICE: Unless you limit the power in this document, this document gives your agent the power to actfor you, without your consent, in any way that you coutd actfor yourself The powers granted by this document are broad and sweeping. They are explained in the "Uniform Statutory Form Power of Attorney Act", Part 13 of Article 1 of Title 15, Colorado Revised Statutes, and Part 6 of Article 1 4 of Titte 15, Colorado Revised Statutes. Ifyou have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical or other health-care decisionsfor you. You may revoke this power ofattorney ifyoulater wish to do so. The purpose of this power Of attorney is to give the person you designate (your "agent") broad powers to handle your property and affairs, which may include powers to pledge, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you. Thisformdoes not impose adutyon youragent toexercisegrantedpowers; but whenpowers are exercised, your agent must use due care to act for your benefit and in accordance with the provisions Of this form and must keep a record ofreceipts, disbursements, and significant actions taken as agent. Youmaynamesuccessoragents underthisformbut not co-agents. Untilyourevoke this power of attorney or a court acting on your behalfterminates it, your agent may exercise the powers given here throughout your lifetime, even after you may become disabled, unless you expressly limit the duration of this power in the manner provided below. You may have other rights or powers under Colorado law not contained in this form. I, EVELYN F. HEMMING, ALSO KNOWN AS EVELYN HEMMING, APPOINT GREGORY S. HEMMING AS MY AGENT (ATTORNEY-IN-FACT) TO ACT FOR ME IN ANY LAWFUL WAY WITH RESPECT TO THE FOLLOWING INITIALED SUBJECTS: To grant one or more ofthefollowingpowers. initial the line in front of each power you are granting. To withhold a power, do not initial the line infront ofit. You may, but need not, cross out each power withheld. INITIAL (A) REAL PROPERTY TRANSACTIONS (WHEN PROPERLY RECORDED) (B) TANGIBLE PERSONAL PROPERTY TRANSACTIONS. (C) STOCK AND BOND TRANSACTIONS. (D) COMMODITY AND OPTION TRANSACTIONS. 1 O.,/211,1.2*im/Â·PROP FRM 4 4 1 4 (E) BANKING AND OTHER FINANCIAL INSTITUTION TRANSACTIONS. (F) BUSINESS OPERATING TRANSACTIONS. (G) INSURANCE AND ANNUITY TRANSACTIONS. (H) ESTATE, TRUST, AND OTHER BENEFICIARY TRANSACTIONS. (I) CLAIMS AND LITIGATION. (J) PERSONAL AND FAMILY MAINTENANCE. (K) BENEFITS FROM SOCIAL SECURITY, MEDICARE, MEDICAID, OR OTHER GOVERNMENTAL PROGRAMS, OR MILITARY SERVICE. (L) RETIREMENT PLAN TRANSACTIONS. (M) TAX MATTERS. ~/5~ (N) ALL OF THE ABOVE. HAVING CAREFULLY CONSIDERED EACH OF THE POWERS LISTED IN (A) THROUGH (M), I GRANT TO MY AGENT ALL OF THE POWERS DESCRIBED IN (A) THROUGH (M), AS IF I HAD INITIALED EACH SUCH POWERS, BY PLACING MY INITIALS ON THIS LINE (N). Unless you direct otherwise above, this power of attorney is e,fective immediately and will continue until it is revoked or terminated as specified below. Strike through and write your initials to the left of the following sentence if you do not want this power of attorney to continue if you become disabled, incapacitated, or incompetent. 1. C ) This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent. You may include additions to and limitations on the agent's powers in this power of attorney ifthey are specifically described below. 2. The powers granted above shall not include the following powers or shall be modified or limited in the following manner (Here you may include any specific limitations you deem appropriate, such as a prohibition ofor conditions on the sale ofparticular stock or real estate or special rules regarding borrowing by the agent): No limitations. 3. In addition to the powers granted above, I grant my agent the following powers (here you may add any other delegable powers, such as the power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below): Those powers set forth on Addendum "A" attached hereto. 2 O 40:'.2*0=44~AÂ·PROP INM , 4. Special Instructions. On the following lines you may give special instructions to your agent: None. Your agent will be entitled to reimbursement for all reasonable expenses incurred in acting under this power of attorney. Strike through and initial the next sentence if you do not want your agent to also be entitled to reasonable compensationfor services as agent. 5. ( ) My agent is entitled to reasonable compensation for services rendered as agent under this power of attorney. This power of attorney may be amended in any manner or revoked by you at any time. Absent amendment or revocation, the authority granted in this power of attorney is effective when this power ofattorney is signed and continues in Kfect until your death, unless you make a limitation on duration by completing the following: 6. This power of attorney terminates on N/A. By retainingthefollowing paragraph, you may, but are not required to, name your agent as guardian ofyour person or conservator of your property, or both, ifa court proceeding is begun to appointaguardianor conservator, orboth,for you. The courtwillappoint youragent as guardian or conservator, or both, if the court.Ands that such appointment will serve your best interests and welfare. Strike through and initial paragraph 7 ifyou do not want your agent to act as guardian or conservator, or both. 7. ( ) If a guardian of my person or a conservator for my property, or both, are to be appointed, I nominate the agent acting under this power of attorney as such guardian or conservator, or both, to serve without bond or security. Ifyou wishto name successor agents, insert the name ofany successor agent in thefollowing paragraph: 8. If any agent named by me shall die, become incapacitated, resign, or refuse to accept the office of agent, I name the following, each to act alone and successively in the order named, as successor to such agent: Karen Hemming . For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters, as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party , O 'lateDAÂ·/%0249// learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed on // 02 7 ,2006. Ifthere is anything about thisform thatyou do not understand, it may be in your best interest to consult a Colorado lawyer rather than sign this form. Â«24-91 Evelyn F. Hemn#ng also known as Evelyn Hernming 4/0.36-707* (Social Security Number) You may, but are not required to, request your agent and successor agents to provide specimen signatures below. Ifyou include specimen signatures in this Power ofAttorney, you must complete the certification opposite the signatures of the agents. Notice to Agents: By exercising powers under this document, the agent assumes the fiduciary and other legal responsibilities ofan agent under Colorado law. Specimen signatures of agent 1 certify that the signatures ofmy (and successors) agent (and successors) are correct. Agent Principal Successor Agent Successor Agent STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) This document was acknowledged before me on this 28th day of November , 2006, by Evelyn F. Hemming, also known as Evelyn Hemming. Witness my hand and official seal. My Commission expires: 10/31/2007 --l C Notary Public 4 O=Uk:=.*\POAÂ·PNOPPIL 4 4 4 0 ASPEN TITLE CORPORATION - 10847 ESCROW ACCOUNT 1084 Case No.: 404378A Buyer: EVELYN F. HEMM INI Sel ler: NEORIE W. BENEDICT Legal Description: 1015 WATESR ASPEN CO 81611 Itemization of payment per balance sheet: EARNEST MONEY/INTERST EARNED 518.24 Total:********35 18.24 ASPEN TITLE CORPORATION 10841 ESCROW ACCOUNT se No.: 404378A 1084 Iyer: EVELYN F. HEMMINI Sel ler: NEORNE W. BENEDICT gal Description: 1015 WATESR ASPEN CO 81611 emization of payment per balance sheet: REFUND OVERPAYMENT/ FUNDS 1,820.00 Tnt;al .*******1 R?n 0/1 4 4 ' 4 1 t ASPEN TITLE CORPORATION 600 EAST HOPKINS AVENUE #305 ASPEN CD 81611 BUYERS SETTLEMENT STATEMENT Buyer: EVELYN F. IÂ£*+1ING Seller: GEORGE W. BENEDICT Property 1015 WATERS Address: ASPEN CO 81611 Order Number: 404378 Settlement Date: 05/15/96 Escrow Officer: Andee E. Neely Experises Credits Purchase Price...................................... 625,000.00 Deposit or Earnest Money..... ....................... 62,500.00 County taxes from 01/01/96 to 05/15/96.............. 948.68 Closing Fee to Aspen Title CorÂ·p..................... 75.00 Tax Certificate(s) to Aspen Title Corp.............. 10.00 Documentary Fee..................................... 62.50 Recording of Deed............,... 21.00 WRETI' Tax to City of Aspen............... 3,125.00 HREFr Tax City of Aspen................................... 5,250.00 Water (5/15-5/31/96) City of Aspen................................... 38.34 Sewer (5/15-6/30/96)............................. ... 25.75 Additional Repairs.................................. 1,600.00 Carpeting........................................... 220.00 Sub-totals 633,607.59 65,268.68 Balance due from Buyer 568,338.91 1Â»3117t 633,607.59 633,607.59 BiE, RE Co. Listing Agent The above figures do not include sales or use taxes on personal property. I/We hereby acknavledge receipt of this statement. Etks- 1 <1Â»LÂ» ENEIAN ~~~12+AING / 4 CLOSING INSTErrICEVS 1 1 TO: ASPEN TITLE CORPORATION 600 EAST HOPKINS AVENUE #305 ASPEN CO 81611 RE: Escrow No. 404378 Seller(s): GEORGE W. BENEDICT Purchaser(s): EVELYN F. HDMING 1. Seller(s) and Buyer(s) engage ASPEN TITLE CORPORATION (Closing Company) who agree to provide closing and settlement services in connection with the closing of the following described real estate in the County of Pitkin, Colorado, to wit: LOTS D AND E, BLOCK 41, EAST ASPEN ADDITIONAL TOWNSITE also known as 1015 WATERS , ASPEN 00 81611 2. Closing Company is authorized to obtairk information and to prepare, obtain, deliver and record all docunents, excluding preparation of _legal documents, necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated JANUARY 26, 1996 with any cnunter proposals and amendments attached ( Cont=ract). 3. Closing Company will receive a fee not to exoeed $150.00 for providing these closing and settlatent services, to be the expense of Equally by Buyer & Seller 4. Closing Catparly is authorized to receive funds and to disburse when all funds received are either available for imnediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for innlediate withdrawal as a consequence of an agreement of a financial instituÂ·tion in which the funds are to be deposited or a financial institution upon which the funds are to be drawn "Good FUnds". 5. Closing Carpany is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. Closing Canpany shall disburse all funds, including real estate carmissians, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Carpany or Buyer' s lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closirg as irdicated: (a) Closing Company's trust account check (b) cashier's check at seller's expense 7'~ (c) Ptunds electronically transferred (wire transfer) to an account specified by the Seller at seller's expense. 8. Buyer and Seller will furnish any additional information and documents required by Closing Carpany which will be necessary to complete this transaction. 9. Closing Ccmpany will prepare and deliver an accurate, ccmplete and detailed closing statement to Buyer and Seller at time of closing. 10. I f closing does not occur, Closing Company, except as provided herein, is author- ized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company will be relieved frcrn any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer shall be voided by Closing Company, with the original (s) returned to Buyer and a copy to Buyer ' s lender. 11. If any conflicting demands are made on the Closing Company, at its sole discretion, Closing Company may hold any monies, documents, and things of value received fran any party except Buyer's lender. Closing Company shall retain such items until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil acrtion between Buyer and Seller shall have been resolved in a Court of Dc[IKetent jurisdiction; or (3) in the alternative, Closing Calpany may, in its sole discretion ourmence a civil action to interplead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Canpanny shall be entitled to all opurt costs and reasonable attorney' s fees. Page (1) 1 , 12. These cl g instructions may be ally amended or t-..linated by written instructions signed by Buyer, Seller and Closing Canpany. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after closing. Seller should inquire of Seller' s tax advisor to determine if witl iholding applies or if an exeiption exists. 14. These Closing Instructions may be executed by each Buyer, Seller and Closing Canpany individually and when each Buyer, Seller and Closing Canpany has executed a oopy of these Closing Instructions, such copies taken together shall be deemed to be a full and complete oontract between the parties. 15. Special Instructions: APPROVED AND ACCEFIED: APPROVED AND ACCEPrED: teu,40- 3.3.1-p_,nu,4 736*1 /5,,ct<ic 1-,DJA-Ad 4 .*lf- 119,0#686. EVELYN' F. HE+LING / ' Date GMORGk W. BENEDICT ' f Date 5--4 1 Social Secuity No. L'-/0 -2 6 --70 7 9 Social Seairity No./14Â· 1.9 Â·55â‚¬y Date Date Social Security No. Social Security No. Date Date Social Security No. Social Security No. Date Date Social Security No. Social Security No. f /0 \ R L ASPEN TITLE CORPORATION I By:----21.- Esc:~4 Officer To be completed by Br*er and Closing Agent BHL RE Co. ~foker engage*-elosing Chnpany as Broker's Scrivener to complete, for a fee not to exceed'i5.00 -f*'-the sole expense of Broker, the following legal documents: Deed - Bill of Sale 0& Colorado Real Es tate Ccmitission approved Pranissory Note and Deed of Trust n/a The documents stated above shall be subject to Broker' s review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above do<Duments. Closing Canpany shall pay real estate commissions at disbursement as follows: Listing Canpany, BHL RE Co. . paid by 100.0% Selling Conpany, BUL RE Co. 1 paid by % BAIN HUTZLEY & LEVERICH REAL ESTATE CO -~*f~~1~429>~ ~â€žc Date ASPEN TITLE CORPORATION Date Page (2) 4 Escrow No. 404378 REAL ESTATE TAX AGREEMENT It is hereby understood and agreed upon between the Seller<s) and Purchaser(s) of the real property described as: LOTS D AND E, BLOO< 41, EAST ASPEN ADDITIONAL TOWNSITE that taxes for the year 1996, due and payable in 1997 have been prorated as of this date on the basis of: Taxes have beek prorated on an estimate of $2564.96 for the year 1996 and are to be considered final settlement. Purchaser( s) and Seller( s) further understand and agree that personal property taxes, if any, have been prorated on the same basis as the real property tax, unless otherwise specified, and special assessments or local improvenent districts, if any, have been handled according to the real estate contract. Dated and executed this 15th day of MAY , 1996. SELLER(S)Â· TURGÂ·IASER( S): A09Â· b LÂ£,6 4 44 1 + Lr#.460 ALâ‚¬UZE (,5 0,4, 91- dly-'.97* GEORGE W. BENEDICT EVELYN ]F HERAING 4 g Escrow No. 404378 + 1 REAL PROPERTY TRANSFER DECIARATION Purpose: The real property transfer declaration is used by county- assessors to establish the value of real property for property tax purposes and to properly adjust sales for sales ratio analysis. 39-14-102(4) C.R.S. Requirement: All conveyance docunents subject to the docunentary fee subnit-ted to the county clerk and recorder for recordation must be accarpanied by a real property transfer declaration. This declaration must be carpleted and signed by the grantor or the grantee. 39-14-102(1)(a) C.R.S. Penalty for Nonconpliance: Whenever a conveyance document is presented for recordation without the declaration, the clerk and recorder notifies the oounty assessor, who will send a written notice to the grantee requesting that the declaration be returned within 30 days. Failure by grantee to subnit the declaration may result in the assessor imposing a penalty of 825.00 or .025% of the sales price, whichever is greater. This penalty may be imposed for any subsequent year the grantee fails to subnit tie declaration, until the property is conveyed again. All unpaid penalties are certified to the county treasurer for collection. 39-14-102(1)(b) C.R.S. Confidentiality: Any information used by the assessor to determine the actual value of real property, including information derived frum the real property transfer declaration is available to any taxpayer or any agent of such taxpayer, subject to confidentiality requirements as provided by law. The assessor is required to make the declaration avail- able for inspection by the buyer or seller if the seller filed the declaration. 1. Address or legal description of real property: LOIS D AND E, BI-OCK 41, EAST ASPEN ADDITIONAL TOWNSITE 2. Is this a transaction among related parties? Yes X No 3. Total Sales Price: $ 625,000.00 Indicate the total consideration paid for the property including real estate, personal property (carpeting, drapes, appliances, inventory, equipment, furniture), mobile homes, sheds, goodwill, water rights, mineral rights, and any other appurtenances. 4. What was the cash downpayment? $ 625,000.00 (Difference between sales price and loan amount. If cash sale enter sales price.) 5. Did sales price include a trade or exchange? Yes X No 6. Did the buyer receive any personal property in the transaction? ( Indicate if any personal property, as described in #3, was included in the total sales price. If yes, give the approximate value as of the date of the sale) Yes No If yes, the approximate value: $ 9 h- 7. Were mineral rights included in the sale? X Yes No Except as reserved of record 8. Were water rights included in the sale? Yes X No 9. If applicable, you may include goodwill for a going business. N/A Approxima te amount of goodwill? 10. Was less than 100% interest in the real property conveyed? Yes X No 11. Date of Closing: 05/15/96 IF THE PROPERTY IS FINANCED, PLEASE COMPLETE NUMBERS 12 THROUGH 15. 12. Was the loan new or assumed? n/a 13. What was the interest rate? n/a 14. What was the term of the loan? n/a 15. Were any points paid? n/a If yes, how many? n/a By Whom? n/a 16. Signed this 15th day of MAY , 1996. GR,ANIEE : 43 cut,< .,4 1 0<.=,0.g.r~ Â·,/ EVELM F. HEA'LING L / 4 4 GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com June 7, 2018 Mr. Gregg Hemming 311 Midland Ave. Aspen, CO. 81611 RE: Owner's Authorization to Represent Parcel ID # 273718282002 To whom it may concern: This letter is to certify that 1, Gregg Hemming, owner of 1015 Waters Ave. give Gretchen Greenwood & Associates, Inc. permission to represent me for the submittal of the Land Use Application and any discussions with the City of Aspen Community Development Department. The contact information for Gretchen Greenwood & Associates, is as follows: Gretchen Greenwood, Architect Gretchen Greenwood & Associates, Inc. 210 South Galena Street # 30 Aspen, Colorado 81611 Office: 970.925.4502 Mobile: 970.948.2081 Sincerely yours, 41 Sregg Hemming for the Hemming Evelyn F. Trust 4 4 f C'~2~- 4*L >2 4. 1/ :'ll' Â£.4.--'4Â·4:~At?f ~~4~41~ N~ I 211164 :,-0 4Nt t.- 52Â» .,1 % 4 -1%84. A-Site ? 1 4 - ?21_NX o,+ - Waters city of Am,- GPS--1 (NOD 88} 4,~ -~. <~~r - ~2 -3 1334/ 40 -- 1- -- 1- -222:..Ctr-*-- 1.1.-2 f g VECINTrÂ¥ MAP City . A-n * Â£~77-8 GPS-2 (NA'10? 88) #. EM=- I N 75*09 1C iF . / 'i 5.8' , - 1 GRAPHIC S CALE 61 6 .E At, ll " ~ ..5. W.WAid~=.~ wl 0 L - 1 1 5 ji- 2+4 V., < 21 r.r 1 Lot r' f *2~.... - li,~i -li r,M - Cr//0 Pedâ€¢~*Le= t - Phan' Ped/stal SW Elevouon 1--~. 3 1 .r m i GGS Al~I- 8 - IUrf - lectnc Cont,/80* f 6,5 L\,ffp '.7 P.a 8 - Ore./0, - Elactric ./t. - -# eho/e -:2 2 621* w -6--4., . <Â¥0.,5 T.- I ErÂ·-249 + A - Asp,n .... t 7Â£0 - 1ff344, = Cotton.ood C CMU- Ccmmunicot,Dn * 8 - Â»by. 9'4Uto# 1â€ž I . lilli i 20.-30* w- (Me .... It = 08' .ida Con.....toining ./ 3 9 .4 ocrÂ®4 -22Â·~t- M r,mnmm,mmm, - 0.7' wid' Roilrood lie Retoining WIll Â· 0-/ r.-:06- 49'\. 4 3.2/ 1 \T Â«ir- 9 - -< - 9~ ,_ e~tl~-:~icj--12-=~ i ~ 1 7 =1.11 -- ,~ ~f~ f + 75â€¢09'11Â» r 6.62 / makit- CIE--2///41" 0% h.004-0- 055, 1.,.... = \ 7 - 400, 2 \ '0*Â· 6/ -~1"a--3. 'op.(dots)- 24T s f. - 4* 4 .-- 86* 0 7/ Fa .dicot,: 30* and gr~Ot- WOp~ (doldÂ» 1094 s f, - U TUTTLE SURVEVNG SERVICES 727 Bloke Avenue 9.veÂ® Glenwood Springs. Coium/0 81601 Irrtprov â‚¬Tne're (970) 928-9708 (F,tl 947-9007) TUTTLE SURVEYING SEMVICES Imail- '.>0.bruy. 0,"n T Ingyrovem,ent Su'reâ‚¬U Plat Ists D and E, Block 41, East Aspen Addition, as shown on the plat of the East Aspen Additional Townsite Plat, recorded in Ditch Book 2A at Page 252, as Reception No. 108453, Pitkin Countv, Colorado. â„¢E LUID REFERRED TO IN â„¢IS FIRST AMERICAN DILE iNSURANCE tOMPANY OMWITMENT DA1ED AUGUST 1. 2017 15 LOCATED IN RE COUNTY OF GARFIELD. STAIE / COLORADO, AND G MORE PARICULARLY DESCRiBED As FOLLOWS: Lots D and E. 81{ck 41. EAST ASPEN ADDINON. os mhown - th~ pkot of th* Eg,1 4*,n Addit;ono,~ Townsit~ mot rect~ded I'n Ditch Book ) / Pege 252, N Reception No, '08453. PitkIn C,unty. CUoroxk 71#S PROPERTY ,S SUBJECT TO â„¢E FOLLOW,NG EXCEPnONS PER SAIC} COMA,#11,ENT 8 4, ond . notel eosemenU ond recit. - disdosed - the retorded m. 01 - Addllion I Eost AÂ®en to the ~ty . /,pon. nÂ¢.ded .kine 10. 1890. in Plot 2/0/ 2 et Page 8 0/ Reception Nc 036575. (Coul Iff,c' suD,ct 7.rwothing to show) Right of I. proprietor of c -n w lod' to 'gtroct .....- hil or. th..fronÂ·. .ould I. *m' bl 'und to pen.fot* or intersect th, pr,mis,5 her# gront,d, ond right of ~oyfc, d}tch,s Â©r cc-,s cor,struÂ£t~d by th, owthor- the UnRed Stotes. os described in tho Unit- St/tes Pot,nt rec,d,d Augu,1 28. 1949. in Book '75 at Poge 299 (Coum Act subject propertrnoth,ng to show) '0 Right of thi proprietor of g -.1 or lode to utroct Ind reno- his ./ th./.from. should ./ som' I found to p-elot' . ntersect the prwnis- hereby gronted. Ind right of wo,for ditches or con//constructed by the outhoritpf the United Stot- os descnbed ~ the United Stgtes Polent recorded October 23. 3955. in Bool, 180 ot Pege 454. # ept,0,1 No 103078 ((C<>uk, cm,ct * rops,trnoth,ng to sho=) Right . way for ditchcs . con// cons. cted b. the -thonty of th' United St.M. ........ the United Stotes Potent dot- Augus~ 21. 1958. ond ie~orded August 29.1958, in Book m It Pog, 59, 0~ Recepl~on Ih ~06874 (Coujd effect sub.ct property-noth@ng . show) . hy d . notes, -m,men. on. reat,*s os *los~ = th, i,tard- lost A.-. A.- TM#/ Addi'-al mot, ./WId,d August 24/ 19/9. I Plot Book 2/ /t log' 252. c. lac-tion I. 108453 (Al shown h.m) 13 T'.n' 'end'*' ....Kon' c...men" and obligatkn' spect. i und- th' D.ed of Eaâ€¢.mâ€¢nt, dated 14 ', '974, and r-rded .k#012 1974, in Bo<* 289 of Ng, 142 - Reception No !68724 * nent cgnnot be ph>Hed as d.scrib- but ...ins 'l l 4 foot v,14* vot. and *. ~os--t thrnugh Lot t . Lot 4. Cal/-0Â¤d. th- i. ne h~se -re . this tjme cn# ecce,#4 10 A,p- *itatice the ~e hos beaa cÂ®pe~ but Lot E oppeaa to be *tiN encumber:ed by..el-ment) Torms. coldition' p..sion' agreements Ind ....tions sped.ed under th' Order end ee Creating ..... r,cord- Fabrucryll 1992. /$ Book 669 of Pog, 345, cs ReÂ©eption No 341625 (Could oHect subjeci p~op-Â·trnothing ..ho.} I Tw- con'bons. pr'.m' 01/eament, and o.*....ecmed under ........ D... d.44 .ne U '594. old ~cord- Jul,6. 1994. I Book 754 . Po. 881. gs lec,ption No 371848, Ounck,im D-d, doted lity, 8 1994, 0nd ~corded July 8. 1994. in Book 755 ot Page 1, gs Reception NÂ¢1 371917* and . th~ Quitdcirn *41. dot,d ~yll .. end recordedj Jwlyll. 1994. . bock 755 ot Pog, 81 os Rec~>ticA No. 371958. cndi . the Ouitclaim D,ed. deted A,ne 27. 1994. cod rocorded August 1. 1994. h Bot* 758 It Pog, 832. os Recepbon No 373.31Â·k (Couj. off*ct *ect propertrnothing to * 16 An, ond . nohes. I.,emene, and reacs g. /*ose:d on the recorded Egst .spen Metrl,Â¢~liton Distnct Wap. recorded 0,Â©embar 21 2009. cs /*c*Dbon No 565595 (Coulld effect subj,ct ..afty-nOthing to show) ,7 T..... condition' pro~&/ .reements ond obligati~. .scifil wider th' Pul. Disclosule Stot..Int. d.ted December 31. 2015. * ded Januory 4. 2016. gs Rec~Non No. 626092(Could Iff- subject propâ€¢rtrnothing to show) Legend and Notes: O indicates found monument I. des/'bed I indicates set monument Is described .. PROPERT' . .... . EASEMENTS. RIGHTS OF WAr ANC>/ OR REQU,REMEN. AS NO?ED OR .... . THEF RECORDS OF â„¢E .11(IN COUNTY CLERK & RECORDER .EVATIONS ARE BASED UPON ITY OF ASPEN BENCHMARK GPS 1 â„¢Av[) 88) - TOTAL GROSS LAND AREA 5,000 SO.F. 0138 ACRES - hO..... HAZARDS OBSERAâ‚¬D ON ..PERTK (ZONâ€¢e *13) auRDING soaACK N,FoRM.... PROv,QED ly au LDING .....â„¢ENT a.Â¥ OF 'spal. 25' FRONT W UNE FCR PRINCIPAL .DG. 30' ACCESSOR..DG, 10' RE. LOT UNE FOR BOTH. AND . /DE LOT LINES FOR ... - i,mERG~OUND UTIL... SMCWN ,â‚¬REI]N ARE F~[D, FILD OBSOVATKÂ»fS OF â€žIRK'/3 MADE I. UnUTY ./CA/]RS, uNDE'GROuND unif.r L.I.s SHOULD + v.... PRme To IcÂ»,sTRI.. - SASE FLOOD ELEVAION LINE WAS TAKEN FROM FEIA MAP PANEL 204 OF 325. NO 08097CQ}204 C EFFECUVE DATE.*#WE 04. 1987 - FLOOD ZONE .....INÂ· ZONE X ./Al DEm'.INED TO BE OUTSIDE OF 500 YEAR .AIN- PER FEMA FLOOD ..RANCE RATE 'AP - BEARÂ»4!GS ARE BASED UPON ./01 5 11Â£BAR I A , i /4 *U~ CAP <U.EGaLE F{UND ../ NORIHEAS... CORNER . LOT 64 SLOCK 41 AND A NO 5 2EBAR In# A 1 4'4 Elle' PU5â„¢; CAP LS ,57?0 FOUND AT THE NORâ„¢~ESTERL. CORNER 0, .OCK +4 USING A BEAR.G OF N 7509'/ * 8rn,[EN ]}E TMO D,ScmeED ...... - MS SURâ‚¬y DOES NOr ./DRES,ENT A /71Â£ SE,I,RCH I../ 5WRâ‚¬Â¥. 70 DE,U?-E OBNER'#P OR ..SCD'/ EA500,75 DA Inâ‚¬R ENCUMBRANCES OF RECORD, ALL WFORMAnON PERTAINING TO ......64/ OR ...CS OF RECORD HAS aED, TAKEN FNOW A ARST AMERICAN WLE INSURANCE CO,PANY COMAÂ«â„¢ENT OA,ED AUGUST L 20,7 AS ORDER NO 1.003779 SURVF,ORM CERTIACATE 1 JEFFREY ALLEN .TTLE. 8Â£1% A PROFEES'ONAL LAND SURVEE".. 1}â‚¬ STATE OF CCXOR'.0, 00 HEREBY CERNFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROW AN ACTUAL MONUIENED LAND SUR. Y OF THE PROPERTY CORNER MONUMENTS. BOTH FOUND AND SET, UNDER " 'RECT SUPERVISION AND CHECKING: IHAT IT I CORRECT TO â„¢E BEST OF MY BELIEF AND KNOWLEDGE AND THAT ALL D,MENWONS. 8011 UNEAR AND ANGULAR ./RE DETERMINED BY AN ACCURAIE CONTROL SUR~EY IN THE FIEU) *HICH BALANCED AND CLOSED .THIN A UMIT OF 1 ...OCO (WNCH COMPLIES 1!,1â„¢ COLORADO PROFESSONAL STANDARDS FOR A LAND SURVE. PLAT AND Iâ‚¬ CURRENT ACCUR/ly STANDARDS FOR ALTA/AISM LAND Inf SUR.yS) f FURâ„¢ER CERIFY DIAT THE IMPROEILENTS ON THE AROVE DESCRIBED PARCEL ON THIS DATE AUGUST 16. 2017, EXCEPT UnLITY CONNECIONS. ARE ENTIRELY Wâ„¢IN THE BOUNDARIES 9 RE PARCEL. EXCEPT AS SHOWN AND THAT THERE IS NO APPARENT I~~g~Â¥~GN OF ANY EASEMENT CROSSING OR BURDENiNG MY MIT OF SAID PARCEL EXCEPT AS NOTED. A ....#I / I 03/15/2078 IFFRt' A.Ue,Â»<US. 33638 DAIE PDF 1-ER.KID V Dr- .: DMC. 1015 Waters Avenue ,-10/05/2017 1 Z %2017%EA S TASPO Aspen, Colorado 81611 ADD \L OTIDEBL47 1015WATERSAVE . 1 8161-DWG m t,; ,Â· 7 't'-~4â€ž hf ) lift Historic Topographical Study (Based upon the 1958 Falcon Map ofAspen) 4, i.1-4,1< 3 117*-t Lots D and E, Block 41, East Aspen Addition, as shown on the N b -~-. Â·Â«-Â·i , Aspen-4% F E-- plat of the East Aspen Additional Townsite Plat, recorded in Â»94 +03 4-43/ 9 I Ditch Book 2A at Page 252, as Reception No. 108453, Pitkin County, Colorado. â„¢E LAND REFERRED TD IN â„¢15 FIRST A~ERICAN 'TLE INSURANCE %UPANY OUU,71,:ENT DATED AUGUST L 20,7 IS LOCATED IN THE COUNry OF GARFIELD, STATE C# COLORADO. AND I .ORE PARTICULARLY DESCRISED AS FOLLOWS. i->-4 3/..ilit4 3,~pl. 17 Lab D * E lock ./ EAST ./.N ADDID~. -,ho.n on the PIQI of the Eost AÂ¥an Additioaa# To-~te mat recorded . Ditch Bo.. ot Pog, 2SZ os Reception * 108453, Pitkin Coun. Co~crod~ .A *Al-f" j!10 i -0!tÂ·ti/4 "7726719 \ 2 4. 4. 8 â„¢!S PROPERTY I SUBJECT TO THE FOLLOWING EXCEPIONS PER SAO COMW#â„¢ENT y L) -17â€ž1Â« ry 4 City of Aspen Any ond oil note~ eown / # - ois 0, disclosed on the Fec,ded Plot . th0 Add,t~ Df Eost Aspen to th' City GPS-1 WAM) 88) of Ampen. re=dad june 10. '890. I Act .. 2 et loge 8, cs Recoptier; m> 26575 (Could gffect subÂ»ct a 7 #*341 prop.Ar-no#.g . show) N.t ./. . th. proprietor of . .. or kode to 'Arect Ind r.move h.or. th.Â·~from. ~culd the sam, be found to el.' r~ne,trot~ c,r N~s:act th* pr,misee h,reby grant,6. und ri'ght 01 woyk,r ditch*s w canols constâ„¢Â©t,d hy ~he outhont,01 the U,Â»ted Stote' cs Oeacribed in ~h* United lot- .*' record,d h umt 26 -45. in Book '75 ot Po, -- Inght of the proprietor of ... 1,Â· 10. to Â«t.uct ..d ami,e h. crl ther,frorn..cuid the laine be flund to City I Aspen .. 299 (Could offect subÂ»ct propertrnothng to,ho-) GPS-2 (NAW 88) penetiot* or in*** pr,mises hernby gronted, cnd r~ght of veyfer ditches p c~a~~ con,~ruct*d b, the outhont~f the United Stot* cs Incr~d in the United St~tes Patent rec,ded October 21* 1955. . Book ?80 ot -ge 454. I. Rac-tion $ t..7. Â«lou'd of~act sub'ct prÂ©partrnothing t. low) Right of .. for ditches or con<. construct,d by thl outhority of ths United Stotes, c. describl jn the United Stot- PoÂ¢-t doted August 24 ~58. ond r,cord~ August 29. $9Sa.. 900* *. Peg. 69. 0, R.c,ption No~ I06874 75~09 11 (Coll o~fact U... p,opertrnething to 'how) \ . 12 Any Gnd oll notes, -wn-t # cltalt cs dIsdosed en th, r,e<,ded Eost *,p~n. -p,n To-â„¢t, AdditQnal Ptat ree*,d August 24. 1959. h Plat aook 2* ct Pcge 252. c, Reption No t08453 (As shewn here-) 0 j 6*00' - ~ ' 22ip / T.Im' landlti-I.....on'. a.fllm-t' -d obligation' ./.il,d lilli thi ./. of Eal'rn*t, dat.d #, n, ~74, ..0 , .* / 1 1 / 0 -4 69Â£*. end M..d .'442/ 1974. . Book 289 01 loge 142. 0. R.*tion No 168724. 7. laae,n- elliot b. plett,d - descr,bed but pertains to o 4 foot wid, loter ond =ewer -s,ment through Lot .Le' 4. Coidenâ€¢Â©od .-e . no hou- th- of th,3 *I -d occord~g to A,pen 5onitott~ th~ ~e hos b,~ c*ped. but Lot E *pe,s te be ./ i---4 /7/ f'* r.6 rEA- Â»b â€ž encumb~ed bytha ~semeat) GRAPHIC c CALE 1 4/; L Jf Â· --:Â·-4Â«r 1. 1.n.< .*rm' con/tion' prolsion' ogre/mant: c./ obligotions speÂ©med under th' Ord' Ind D,c- erecting ....t -cord,d F,bar.41 1992. tn Book 569 et Fee, 343, as RE-Non No 3*t52' (Couk' c#it subject prop-rnothIng ..O.7 IS Terms. condition' pro.*n'. 0~-m-ts ......ions .ocined und, th' Quitdaim D. d.ed .ne .3. 1994, und ,~cord,d Jul. 94. wn Book 754 ot Pog, W. 02 %*i- No. 37'548, .~%Â©icirn D-t det~1, .kA, 5, t994, ond 1-h - 10 . recorded Jul, 8. 1994. in Book 755 ot Fage 1 " Reptlon No. 37197 7 m' in ele '"Sim Dead. dot,/ IM t. 1994 I 1 l. n '.Â¥ D. ond recorded Jul,41. 1994, in book 755 ... 81 - Reception No 371956* and . the .lic,c,n Deed, doted .Un* 27. '994, and r-rdld August . '994, in Book 758 at loge 832 I. /0ception N. 3733. (Could /#ect -Disct 23<u _ NO NATUMAL HAZARDS OBSE'ID ON 1>/ PRS. .-*/.ing..# L""d / 0 - labl' P..st/ 0*cemb, 23. 2009. M Re.tkon No 565596 (Coum efrect subject prop-trnath;ng . show) 0 - Phone Pedast/ Spot (val= An, 0114 . 1,ote' ea,elnents ond rectÂ·tals os d~clomed or, the record,d Eost Upen Metropolitcn Distfict Mop. r,corded Tem' condition' prollion' cgre.... 0.6 obligote,3 specil. u..r tb' Public Dis/os/- Slot'mcnt doted m - 60, Uat. Â£6 - aeonoui H 4-Cj 1*7,-v41_toÂ«E D-mbor 31. 2015. and record. Jcnucry I. 2016. cs Reception No 626092. (Cowl' Iff,ct -,bject propertrnothing . -2 4 / 1 ~how) Â£81 - 8-* C=.0/ 80. - 44 ZO/15, 0 - a- w., j r 1 Legend ond Notes: ) - EN,ctric let. * 60 , - I licete: 4'und monum- os descreed 0 - Bactnt Monh/, -E - - Electric line - G- - Gos Ill .dicles set monument o. descnbed fÂ¢1 - Asp~n .- =*- * - Fence - 1MIS PROPERTY G SUB,ECT TO EASEWENTS. mGH. OF WAY AND/ 0/ REOUR.EN. AS NOTED OR ..IN *1 â„¢E C. - Com.nwood XÂ» C-mue'lt..... RECORDS oF THE Piâ„¢IN COUNTr a ERK a: RECORDER f - ELEVAIONS ARE BASED UPON 'TY OF ASPEN ..CHMARK GPS 1 (NA. 88) 7 0 Â«Â· 4/ ./. GROSS LAND ... 6,000 SO.F. 0138 ACRES 1 : 6640 - 0 8' ./. Con~t' R....g ./' - (20'll I./ NG SE.ACK Â»,FOR,AnDN .. El) E. BU,LÂ£-0 DEPARâ„¢ENT ITY OF /5PEN. - I 07 .4 R.... % Reta@+I Wa# 08 25 -ONT LOF UNE FOR PRINCIPAL .DG. 30' ACCESSORY al.DG. 10' REAR LOT UNE FOR Bo,H. AND loy SIDE loT tNES FOR Boâ„¢ .d, - UNDEÂ»GROUND UTILTIES S,â‚¬]WN HEREON ARE FROM FIELD O,SERVITZONS OF NAmriNGS MADE . U.LITÂ¥ LOCAT.S. Concr,4~Stucco UN. ND UTILITÂ¥ ./S SHOULD DE VARFIED .... CONSTRUCTION 4642-9-44_ / 4 3 Reto:aing - BASE FLOOD ELEVAION UNE WAS TAKEN FRO,0 FEIA MAP PANEL 204 OF 325. NO. 0809.0204 C. W.1 " EFFIC'll DATE Â·UNE .4, 19/L - FLOOD ZONE DESIGNATION ZONE X 'REAS DETERMINED .. 0/TmDE . 500.AR F.000....#PER BA FLOOD INSURANCE RATE MAP %41 Xy..\I ~*2..7 4 R *44 - BEARINGS ARE ./SED UPON ./0 5 ......1 I.- ALUM#NIM~ CAP OUE{;af FOUND AT THE NOR.E.4.1ERLY CORNER OF El , ./. u, USNG ' BEAR,NG 0, I 75='I- I BETIâ‚¬EN nÂ¢f nK; DESCmeÂ£D uoM/A,EN?n LOT ~ BLOCK 41 AND A NO I REaAR * A 1 1/4- ELLOW PLASUC CAP LS ,!5710 FOUND AT nfE NORTH,â‚¬SIERLÂ¥ CORNER 9. ,Â·P ;tyks'Â»~14 . 4- ~\\ \71, 9 1 lop - TH,S SLIVEr DOES NOT REPRESENT A 311UE SEARCH B. 1,Â·*S SUR.M T. DETER-,4Â£ 01,NER.f. OR .........sa,ENTS C. 61 0â„¢ER "CUMBRANCES OF REC"D. ALL INFORMAICÂ¥, PERiANING 70 0,07/5," E~SE'ENT-5 OR 071/1 DICU/88/IES OF RECORD HAS BEE' TAKEN FROM I FIRST AMER,CAN 'TLE INSUR#,CE CO-ANy CO-1.ENT DATED AUGUST l 2017 AS ORDER NO~ 4-\ â€¢*otâ€ž o~20~.lopâ€ž(nehutch~g}- 4929* f. -22X 17003779 64. 2 .1 .jee 74./ ->L-1 -#.-30* ..<..)- 22~ .f. ~~0- 3.7,4 1. JEFFREY ALLEN TUTTLE. BONG A PROFESS,ONAL LAND SUR,EYOR IN â„¢E STATE OF COLORADO, DO HEREBY CERTFY THAT â„¢ls 11Â¥0, 0 IMPRO.MENT ....WAS PREPARED FROM AN ACTUAL MONUMENIED LAND SURVEY OF â„¢E PROPERTY CORNER MONUMENm 7/ BOTH mUND AND SET. UNDER MY IRECT SUPERMION AND CHECKING. IHIT IT IS CORRECT TD THE BEST OF MY BEUEF AND Afl '~cot.. 30% ond grlot..... (da,h~}- 830.f../0- 4.. KNOIKEDGE AND THAT AU DIMENgONS. BGTH UNEAR ANO ANGULAR ./RE OETERMINED * AN ACCURATE CON,ROL SURVEY IN 1}â‚¬ FlaD W#CH BALANCED AND CLOSED ~THIN A UW,T OF t IN 15.000 (-CH COMPUES Â»1â„¢ COLORADO PROFESSIONAL STANDARDS FOR A LAND SUR&EY PLAT AND RE CURRENT ACCURACY STANDARDS FOR ALTA/AISM LAND 111LE SURVEYS): 1 FURIHER CE]?liFY THAT THE IMPROVEMENTS ON â„¢E ABOf DESCRIBED PARCEL ON 7}*S [All AUGUST 16, 2017. EXCEPT Ul,LiTY CONNECI,ON# 80 EN'nRELY Nâ„¢IN THE BOUNDARIES OF M PARCE' EXCEP' AS SHO- AND 8/ THERE IS NO ApPAREN T EVIDIALifZ<~9' OF ANY EASEMENT CROSSING OR BURDEN~ ANY PART OF SND PARCEL. EXCEPT AS NOTED 1 4'bu.<* /?AJAC;C 05/29/2018 JEFFREY *Lit~t*Â· 14,653638 DATE PDF 1 -A'l?,9/0/V TUTTLE SURVEYING SERVICES ~.-2 e 1015 Waters Avenue *: 05/10/2018 D,uwn . DA,16 727 Blake Avenue Historic Topographiced Study %: 2272.2ls=Vt'Â·'~ Glenwood Springs, Co}Drado 81601 1713-'roly_.Uzz:$ 7 (970) 928-9708 (FAX 947-9007) Aspen, Colorado 81611 ADD3LOTSDEILI 2 \~77\~5,2. 2 11:1.1' â‚¬7 --:4~'27.':"6:1. 1. TUTT- SURVEYING 51/VICES _1015/ALERSAVE .fm.,2- f*.;701"-u. c on. 81617 ING Of ~ ,00'00# Star Mesa foody Crook White Star Ranch %" 116. Stanvood Aspen Alt Pno PEArr krth Forty -- -..4*,2....1'.1. .:22 W. Al.1., Sl. St:Ile lili Aâ€¢pan Offleâ€¢ White Ilive, Amon Al,nort 11 37 4,34 5-,i.2/Pli 4 N 00,Â·11'Mar.4 Aip.,7,1/(3*161 1 Sublness Center ati AN 1Â·11 hf,I) [c l fiÂ¢e, 44.48 .4-4.44 $1.1- 4 O 11/111. Cr."Â·.1 43 4, 5~61 fn d Mount .... 1 n ..a '4Â·â€¢ Grâ€¢-de * e . 4,1( 40 1 ....,0 1 '44* 94 % 44*f X.'. 44, 4-0. Rodplountal,1 Ranch j: 4 ! % 04â‚¬47.*09.."*.. ./. Ul N IMRÂ¢Â·01.. ..:f g Maroon (:took Club e e i i .4Â¥ I A 4'9 â€¢f Â·.. 0 U & Colf C{iumo /Sion ... A : 0 ./ I ./ M.R.. 8 / /1 484 & 4.- Pltkin Mesa / 0 .... 4, *.râ€¢,I#â€¢, 04%41'dge . 14 .\. 20.1, i $4"4, 44#* 3 1 1 (25'"'0Â·Â·.Â· 6 ~ i %- - 5 44 $*,04*ndw , 3, n.-/4-1 ': 'Vkx 1'*TY-.: 9$fq,&*&2Punny * F 4 liu".".-i If.'I-ill ,-Â«4'Ill 5 4*5 4% ;, , .rvIA .e AtÂ¢WOMS Jnitltulâ‚¬~ ~ ~ -- le,rfibilrjx'. 44- 4. 94 + v-1;-V 1 11.141 lf,1 O ASM'lta'Â¢ Irt & ri 110 Pines *"' : 4-1 t.,4 .*ID# : 4*1 :,*" S Â·r Â·i,Â·:Â·0<-t~ 1 1 , ,;-,.- 1~ 0 .HI 1 1 K i 1 -' / #% **~* â€¢, r .1 i * 14â€¢* if. a 16 44,4, 4. $-41, f St J ..,kiN... 1'....1.-17~ 4/4 J *BEs i // Â» 1 1 '14 4 2 WOMEN 6,424SJ'.ob~4 1Ah if 1 4.:Za)1 1 r Moloon Croolift61, ./ Aspet, Tennf#club r'.4,1 5 12,-4, p .p ,4 â€ž I Course I 1 #444'SL Ct.1,,...f'.1 -i'?.4-1 14Â¥ : .'.1 ... k , :9 . 4 i Â· 0,V.,3, 1 4" 5 ..4- %1Â·j. +' Mam. Cft.Â·Â·Â· Â· J . 1 w. l '9 . 0 A,"11.10.1.- 2 Clpri'F 5: y: ittl j , r .: 4,1401" M.V.\ i *0 fig f f s.90 ~ 9~ 14Â·. *935 I*%9"* 32 *1 U.a r .. 14 : i .0 ~ MI'(040 Agnon 1 6,1 Mendowood ...14 I. 2 Ho/(111 . $ 9/410 4/5 f :.4.4 Jehler 4.4,0, /555*44 # i (R> Of Â£41 1 1 , L 82 37,11 t.1,33,0, 1 Â· 2 . 51 12 '' 41 I. tâ€¢ t .; De<â€¢St k~ ~ ~~ W 3 ~*101*.01 0 4*013# . 4.4, 01.01 St Al' SL I ""* '441 ; 5-** a ~.4 ~ ~~W# ~,C~~ , Â«Knolwood 4 *Mn Highland,Lqve'"'4* 4 F RIV,ime'14< / A Village , Trees : 4.1140 1. 1 . , 8 , + 4 V ,â€¢,),il,4,w DlÂ· .'' ~v *'Eastivood ./ e % 4. Â¢1,2, Ct /1 I ,â€¢hert .14B : - re' 1 6 . t.4 0 â€¢/ . â€¢.U â€¢ 'a .5 '9 4 Mo.Nain Valley ./ .4 1 1. I c Â·5 1,2 ski A,Â©., e AN :*A Moutito:â€ž Ski Areat; .. 'sumâ€¢le, 44$4 *g j ... 1,4 Â» i tÂ¢fub - . IA 7 2/ ., :p.,p: niyll':111* t :8 ''11 t . R . 0 04 ' 8, . i :2 1 . , 1 10/5 <1/1/0 65 4,Â°tj f''*- 1 . 1 D . Ae,2 I 22':& \ .ts Â·1.-a â‚¬:02:Â· > r.rit ....â€¢-. 1 I. -2 GRETCHEN GREENWOOD ARCHITECT, INC. 210 South Galena Street Suite 30 Aspen CO. 81611 O: 970-925-4502 E-mail:ggreenwood@ggaaspen.com Re: Request for a Front Yard Variance of 9' on a 25' required Front Yard setback in the R-15 Zone for Lots D&E East Aspen Addition Address: 1015 Waters Avenue Written Description of Proposed Development: The property at 1015 Waters Avenue consists of a current non-historic 1,591 Sq.Ft. single family home that is being replaced by a new 2,971 Sq.Ft. home. 1015 Waters is a 60' x 100' lot, and a 6,000 Sq.Ft. parcel. Access to the lot is off of Waters Ave. on the south side of the street. The lot is flat at Waters and slopes up 16 feet to the South property line. The steep slopes occupy 16% of the lot. On the Southwest corner of the lot, the Wheeler Ditch traverses the property for a distance of 13'. An Improvement Survey of current conditions and a Historical Topographic survey is attached that both show the location of the Ditch. Due to the slopes on the property, Net Lot Area has been calculated as fol I ows: Gross Lot area = 6,000 Sq.Ft. 0-20% Slope = 4,291 Sq.Ft. = 0 Sq.Ft. Area Deduction 20-30% Slope = 221 Sq.Ft. = 110 Sq.Ft. Area Deduction (50%) 30% and Greater = 850 Sq.Ft. = 850 Sq.Ft. Area Deduction (100%) Total Area Deduction = 960 Sq.Ft. Total Net Lot Area = 5,040 Sq.Ft. Allowable Floor Area on 6,000 Sq.Ft.= 3,240 Sq.Ft. Net Lot Floor Area on 5,040 Sq.Ft. = 2,971 Sq.Ft. (269 Sq.Ft. FA Deduction) The zoning in the neighborhood is R-15. This parcel is a non-conforming lot in the R-15 Zone, due to the size of the property. It is noted that 1015 Waters is one of a few, small and non-conforming lots in this R-15 Waters Zone District. (See attached Parcel map of area) The minimum lot size in the Zone is 15,000 Sq.Ft. and the minimum lot width is 75'. 1015 Waters lot width is 60' and a depth ot 100' for a total of 6,000 Sq.Ft. The Required setbacks for R-15 and of this lot are as follows: Front Yard Setback: 25'-0" Side Yard Setbacks: 10'-0" Combined 20'-0" Rear Yard Setback: 10'-O" 1 4 1 4 Page 2 The current building plans are in the Building Department undergoing permit review. During this permit review process, the Engineering Dept. has ruled that the City has a prescriptive easement for this ditch on the property and that Engineering will require a 10 foot setback for all structures from the center line of the ditch. Early in the planning phase of the project, inquiries about the ditch occurred with the Architect and the Water Department, who manages this ditch. At that time, there were no requirements by the Water Dept. and or municipal codes that described any easements or requirements regarding the ditch. The Engineering Dept. through the permit review process has stated that in fact the City has a prescriptive easement and requires a formal recoding of that Easement between the Owner and the City of Aspen. The project is in the process of surveying and recording an Exhibit to the title and Survey for this Easement. Solution: The proposed structure including the foundation wall and shoring required for excavation sits within this new ditch easement. The building as required was designed to meet the required setbacks of a 25' front yard setback, and 10' rear yard setback as well as the 10' side yard setbacks. The requested Variance of the front yard by 9' will allow the structure to move to the north and comply with the ditch easement. The front yard setback will be 16' versus 25'. The non-conforming lot size and the large 25' front yard setback for this small lot (which the lot is the size of a West End R-6 Zone with a front yard setback of 10'), coupled with 30-40% slopes, and the required setback for the ditch creates a development hardship. Had the front yard setback been less than 25', the desired location of the house would be closer to Waters Ave. and further from the ditch and steep slopes. But given the 25' setback on this small parcel, the building had to be pushed to the rear conflicting with the ditch. The Front yard Setback Variance request of 9' for a setback of 16' is the minimum necessary for the structure to meet the Engineering Easement requirement. 1 I / Page 3 Relevant Documents Attached In connection with this request, the following information is attached: 1. Improvement Survey and Slope Analysis of Lots D&E Block 41 East Aspen Addition (also known as 1015 Waters Avenue) prepared by Tuttle Surveying Services. 2. Historical Improvement survey for use in calculating pre- development Floor Area prepared by Tuttle Surveying Services. 3. Site Plan of the Proposed Structure with the Front Yard Setback reduced to 16'-0". 4. 26.710.050 R-15 Zone District Standards 5. Parcel Map of Waters Ave. Relevant Code Section Responses 26.710.050 R-15 Zone District Response: This Land Use Application has complied with the requirements set forth in 26.710.050 with the exception of the Front Yard Setback, as this application is requesting a reduction of the Front Yard Setback of 9' for a final Front Yard setback of 16'. 26.304 Common Development Review Procedures Response: This Land Use Application has included the requirements set forth in 26.304 and are as follows: 1. Land Use Application and Signed Fee Agreement 2. Pre Application Conference Summary 3. Street Address and Legal Description and a Current Title Certificate And pertinent documents regarding the Owner's right to apply for the Development Application. 4. Authorization Letter signed allowing Gretchen Greenwood to be the Representative for the Application. 5. Improvement Survey 6. Historical Site Improvement Survey for purposes of Floor Area Calculations dated 5-9-2018. 7. Site plan depicting the proposed development with a reduced Front yard setback of 16'-0". 8. An 8-1/2" x 11" Vicinity Map. 9. An 8-1/2" x 11 " Parcel Map of Waters Avenue neighborhood. 10. HOA Compliance Form, signed. 11. A written Description of the Proposed Variance. 4 4 1 % i ./ Page 4 12. A written response to all review criteria in Section 26.314.040. Variances 26.757.020 Calculations and Measurements Response: This Land Use Application has complied the requirements set forth in 26.757.020 with the exception of the Front Yard Setback, as this application is requesting a reduction of the Front Yard Setback of 9'-0" for a final Front Yard setback of 16'-0". 26.314 Variances 26.314.040 Standards applicable to Variances Written Responses A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate session-making body shall make a finding that the following three (3) circumstances exist. 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of this Title and the Municipal Code. Response: The requested 9' variance on a required Front Yard Setback of 25' on a non-conforming residential lot of 60 x 100 is consistent with a typical zoning of other 60 x 100 foot lots in the City of Aspen for a single family home, where the front yard setback is typically 10'-0". The variance will produce a 16' setback which is consistent with the Municipal Code in the R-15 Zone District that has deeper setbacks than found in other residential areas. The 16' foot setback will maintain a deeper setback and be proportional with the 60' width of the lot. The variance will also allow added protection from construction of the ditch. 2. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel, building and or structure. Response: The 9' requested variance was determined based on the construction of the foundation over-dig that will include the shoring and micro-piles for the construction of the foundation walls. 4 4 1 Page 5 3. Literal Interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardships distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal code to other parcels, buildings or structures, in the same Zone District. Response: 1015 Waters has several unique circumstances which are: 1. Non-conforming lot of 60 x 100. This lot is one of a few undersized parcels on Waters that is non-conforming (see attached parcel map of Waters Ave.). The majority of the parcels on Waters Ave. are conforming lots of 15,000 Sq.Ft. and/or 75' wide lots. The lot at 1015 Waters is subject to the same setbacks as the larger 15,000 Sq.Ft. parcels on the same street. The larger lots have the area to accommodate the 25' setback as well as any larger lots that are subject to the new 10' ditch easement. This smaller parcel with the 25' setback and 10' ditch easement has less area to build. 2. The Wheeler Ditch Easement and restrictions are unique circumstances on this parcel that create additional hurdships for building. 3. Steep slopes. The rear portion of the lot has 30-40% slopes that contribute to a reduced Floor area. In summary, combining the 25' front yard setback with the 10' Easement restrictions along the south property are 4 4 \ Page 6 unique circumstances only to this parcel and not applicable to other parcels on Waters in the R-15 District. This situation creates a hardship that other properties in the Waters Ave. neighborhood do not have. The steep slopes on the property reduce the allowable floor area and combined with the 25' setback and the ditch easement, the building size and area are further reduced, creating a hardship that other properties on Walnut do not have. By reducing the Front yard setback to 16' from 25', by the act of a Variance, the lot will enjoy the same building rights as do the other parcels on the street. By the granting of this variance, the property has a 16' setback proportional with the width of the lot, yet still maintaining the deeper setbacks as is the case in an R-15 Zone, as well as protecting the ditch easement from close encroachments of a building. All other side yard setbacks and rear yard setbacks required in the R-15 Zone District are maintained with the granting of the Variance. 4 4 S 14Â°50'49" W 100.00' C 0 7964 -' PERMIT SUBMISSION 0 1015 Waters Avenue Aspen, Colorado 81611 EAST ASPEN SUBDIVISION ----.--.-- LOTS D&E BLOCK 41 1 - ...------- 4-2 -r-1-3 -2- -2- -In Parcel ID# 2737-182-82-002 NEW FRONT YARD SETBA('K \1 11\ - .1 11 \\11 \ ~~zz-7962 -t~ 210 South Galina Street S ~ ~| 1*QUIÂ®D REAR SETBACK ARCHITECT Gretchen Greenwood Archlt -FACE OF BLDG. 1 2 H U Aspen. CO 81611 1 1 11 \ 0Â·970925 4502 MÂ· 970-9. ggreenwood@ggaaspen.0 33.4 0\ a SURVEY ENGINEER TUTTLE SURVEYING SERVICES 727 Blake Avenue FACE OF CAR~GE PER RDS 1 Glenwood Springs, CO 81601 O: 970-928-9708 -7962 jeff@Iss-us.com CIVIL ENGINEER Mountain Cross Engineering 826 # Grand Ave Glenwood Spnngs CO. 81601 0 970.945-5544 F 970-945-5558 chns@mount.*oss-eng.com 11 1~ STRUCTUIRAL ENGINEEER +7958.0' 11 Landon Anderson P E Anderson Structural Engineering 11 1 448 Elk Run Road New Castle, CO. 81647 11 11 O.970-984-0320 M: 970-355-4062 ----- 1 \11=-21 11 landon@anderson-eng,neeling com j I Lk--1- 1 M.Blaineluck MECHANICAL ENGINEER <11 - 1 If /,44 10' EASEMENT 569 S Waslgate Dr Suite # 1 eighom Consulbng Engineers 1\ Grand Juncdon. CO. 81505 \ f 1 fo ~/ ---- ----- LfÂ«f - " / 1 ~ 10' SETBACK 01 970-241 -8709 F: 970Â·241Â·9514 blaine@bighomeng.corn LANDSCAPE ARCHITECT Rknard Camp P.O. Box 958 Carbondale, CO 81623 01 970-963Â·7123 richard rcla@gmail.com (â€ž GENERAL CONTRACTOR 3 10 /1 CL OF BITCH Hendrickson Construction 130 Pnmrose Path Aspen. CO. 81611 O.970-274-6324 chls@hen..soninc Dom 0 2 2\\\\ f 141 / 114=11 41 C Q COPÂ¥RK;HT. G-h~â€¢Grâ€žr- N 14Â°50'49" E 100.00' ISSUE ChtTES PERN 2018 REVISIONDATES N~ 1015 WATERS AVE. PROPOSED BITE PLAN SCALE: 1"' = 1'-0" ~ } BUILDING IOUTDOOR PATIO PROPOSED SITE PLAN 1 ~Â·~~ , 4]PITCH REQUIREC SIDE SE ACK-- SIDE BETBACK Wotters A'venue N 75Â°09' 11" W 60.00' elois-018 .2 1 Page 1 of 1 0 0 , 1 1 1,64 , 1.1 m Sm #*.1 *08 9 , 'CO t m. 1 1 31 R-6 %64 1 1 U. 1.A 1.0 1 1.1 2 '36 lou la. f 1101 1196 9.90, Â¥ : f 11. ~~ 1 8 001 1 4.0 '116 I.. Wo .0 ... 1=6 1 i 1 927 t 9 1 .fl j// .Â«491 .7 , P ' 1.6 PO , 1=6 .2 1 ' i '1 1 + i . e=J, ms / *-r 62. P 1 .. E-2. - .0 f ~11 .3iD 1193 rom 1 .6= WATERS 1190 I Â£60 it 11* 7.1 fi S . 1 .2 0Â¢7 FUMF Z Z- 1060 911 V. 7 1 10.. 670 1 1 1216 . 0 , po 1 C06 1 1 1 ES / ../.. 4 $. 101& 103 j C , : i 4 R.6 , Gle Â·. 1 1 1 0 llc11 1. Â· ~ " R.15 / 1 1226 . i /O /1 '1 '4 4 670 1111 R-15 0 =, P , 11 -6 :103 1 610 0 1103 / / . 1.48 1 i / L .0 6,0 610 . 1 112 1 0 - / 1116 . 610 1, , 610 C 2 1,18 1 125/ L . 610 Â» 610 111 1112 A , 1. 610 . -L-1 it # =6 1 __ fl i .. 8 1- 2 2 . i 21# 7 t.. 1 1 i 2/19 * I ..' I. 9 1, , \ 78/ * Stt 5, . 991/ A 1 1 66 1 06 1# i....'- I # 4 16 U PC , i RR PP 4* - , 1% 1 .. 1 32 e .:6 , i 6, 6/ R-15 po ' 9 1 4, la l i & 1 1â€¢11 / P .... 1 74 n JZ i E 8/ 1 1/ 1/1 i I f In I /, 0-4/ iz / 0/ 1 i Â£ 5 I e /1 101 6 Wa.lus. Pke . (rd x /00, flk,câ‚¬/ 4 file:///D:/1.%20GGA%20ARCHITECTURAL%20JOBS%20CURRENT/1015%20WATER... 6/7/2018 r ''V './\\\4 I / 26.710.050 Moderate-Density Residential (R-15). A. Purpose. The purpose of the Moderate-Density Residential (R-15) Zone District is to provide areas for long-term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate-Density Residential (R-15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate-Density Residential (R-15) Zone District. B. Permitted uses. The following uses are permitted as of right in the Moderate-Density Residential (R-15) Zone District. 1. Detached residential dwelling. 2. Duplex. 3. Two detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.040 7. Vacation rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-Density Residential (R-15) Zone District, subject to the standards and procedures established in Chapter 26.425: I. Arts, cultural and civic uses. 2. Academic uses. 3. Agricultural uses. 4. Recreational uses. 5. Group home. 6. Child care center. 7. For historic landmark properties: bed and breakfast and boardinghouse. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District. 1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by Section 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). 2. Minimum Net Lot Area per dwelling unit (square feet): City o f Aspen Land Use Code , Part 700, R-15 zone Page 1 1, a. Detached residential dwelling: \ 5.000. For historic landmark properties: 3.000. b. Duplex: 7.500. For historic landmark properties: 3.000. c. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030.A.4, Historic landmark lot split: Thirty (30). 4. Minimum front yard setback (feet): a. Residential dwellings. twenty-five 05) b. Accessory buildings and all other buildingst thirty (30). 5. Minimum side yard setback (feet): Ten (10). 6. Minimum rear yard setback (feet): a. Principal buildings: 10 b. Accessory buildings: 5 7. Maximum height (feet): Twenty-five (25). 8. Minimum distance between detached buildings on the lot (feet): Ten (10). 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record): City of Aspen Land Use Code Part 700, R-15 zone 4 Page 2 / - Net Lot Allowable Floor Area for Allowable Floor Area for Two Area Single-Family Residence* Detached Dwellings or One (Square Duplex* Feet) 0-3.000 80 square feet of floor area for each 90 square feet of floor area for each 100 square feet in Net Lot Area, up 100 square feet in Net Lot Area, up to to a maximum of 2,400 square feet a maximum of 2,700 square feet of of floor area floor area 3,000-9,000 2,400 square feet of floor area, plus 2,700 square feet of floor area, plus 28 square feet of floor area for each 30 square feet o f floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 4,080 Area, up to a maximum of 4,500 square feet of floor area square feet of floor area. 9,000- 4,080 square feet of floor area, plus 7 4,500 square feet of floor area, plus 7 15.000 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 4,500 Area, up to a maximum of 4,920 square feet of floor area square feet of floor area 15.000- 4,500 square feet of floor area, plus 6 4,920 square feet of floor area, plus 6 50,000 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area, up to a maximum of 6,600 Area, up to a maximum of 7,020 square feet of floor area square feet of floor area 50,000+ 6,600 square feet of floor area, plus 2 7,020 square feet of floor area, plus 3 square feet of floor area for each square feet of floor area for each additional 100 square feet in Net Lot additional 100 square feet in Net Lot Area. Area. * Total external floor area for multiple detached residential dwellings on one (1) lot shall not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed on the inventory of historic landmark sites and structures shall not exceed the floor area allowed for one (1) detached residential dwelling. Each City historic transferable development right certificate extinguished, pursuant to Chapter 26.535, Transferable development rights, shall allow an additional two hundred and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory of historic sites and structures shall not be eligible for this floor area increase. Nonconforming uses and structures shall not be eligible for this floor area increase. No more than one (1) floor area increase shall be allowed per residence, with the following exceptions: City o f Aspen Land Use Code 4 4 Part 700, R-15 zone Page 3 . a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a single family residence are eligible to extinguish up to two (2) historic TDRs. (Ord. No. 56-2000.44 2.7 [part]; Ord. No. 25-2001,46 2,5 Ipart]; Ord. No. 1-2002,4 20 [part]; Ord. No. 54-2003, 4 7; Ord. No. 50-2005.4 2; Ord. No. 27-2010, 44; Ord. No. 34- 2011,44; Ord. No. 33-2014, 43) City o f Aspen Land Use Code Part 700, R-15 zone 1 4 Page 4 . Markup Summary A-Architecture.1015Waters.2018-4.pdf (1) 3231 Page: A-100 LOWER LEVELÂ·50FLOOR PLAN from the center line of the ditch. FA' 1 -,rdr-litilt -9 ~ File Name: A-Architecture.1015Waters.2018-4.pdf The foundation must be 10ft gil?BU 'EL il'lit- u , .AB -12* 1 PLAN {E.â‚¬C', Lm'IR LEE FLOOR PL C-Civil Engineering.1015Waters.2018.4.pdf CIO) Page: Cl Show meter location. A 1 4--.-2--= File Name: C-Civil Engineering.1015Waters.2018.4.pdf L Ll-79%2 ##-17*43*44 7..,1 H -lut --4,=t-<Al i 4.- d.u r 1 7%71:-1 9 - H d 11-3- U-1 â€¢t Â· - -- 0---â€¢. I Â·. Al.32= A I_ 2 I U/- â€¢ 1 . *Â·=Â«110-lfll .6 '9 - ~ 7--'.JErly,En 30 177-3 7 -To Page: Cl A maintenance and access File Name: C-Civil Engineering.1015Waters.2018.4.pdf A ma,ntenance and r-4 acces/easement easement must be provided for mu*be p,Ovided!0~ the ditch on property. The med-opert, --1 - X m be 10lt Nomn cente, easement must be 10ft from ***ecan. center line of ditch. No structural 41.i 7 -=,D~Cente[ infrastructure can be within 10ft of center line of ditch. 1 5) f f Page: C2 Profile 1 is incorrectly labeled File Name: C-Civil Engineering. 1015Waters.2018.4.pdf and should reference Detail F. 0+00 7860--1--- 1 -$ lr=.122/Le//9-=Til-EZZLE- --w--------- 1.-I -I I 1 NÂ»*Â»O~t-,2 70501 PROFILE - 1 Page: C2 Soils report recommends File Name: C-Civil Engineering.1015Waters.2018.4.pdf Solls report'-V=.. on plans. foundation drains. Please show recommends foundation drains. Please show on ~ plans. -.--A~ TAILS PER HITFCT 4 4 1, k Page: C2 File Name: C-Civil Engineering.1015Waters.2018.4.pdf General Notes section not legible. Please revise. Cen,-1 31 Notes sectioiR -rol legitle Please ~ 112:-~%614:.%13. I - DIErnlIm=][:31 mICE[CID IICI] 78â‚¬ RDE InZE[IiFI [=Ill 9 0 [ill:I= 112/1/2/IDE] S[@110[En r J ~all'I [IDIZIEE]JUI] / (3< IrI[II=Ii J =121 j IZi l ZI11 -T[II.1 31 ZE.... CD]12[KIED Page: C2 How will the southern swale be File Name: C-Civil Engineering.1015Waters.2018.4.pdf conveyed through retaining wall * H STACK EC) ROCK WALL shown. swate be conveyed Â£1 How will the southern M- through retainingwdiE/1 : r -1*- shown. .23 0 u - 494 2 91 [ En 1 4 Page: (4 Z. Permeable paver detail does not orr- --1Â«r: N File Name: C-Civil Engineering. 1015Waters.2018.4.pdf I I comply with the URMP spec. C.Y.Mn ./ i See Figure 8.31 in the URMP for 2 R , guidance on appropriate permeable paver cross section. I G'87ymm -3 41.- 9 r- U. Page: C4 Media should be 70% sand and File Name: C-Civil Engineering.1015Waters.2018.4.pdf 30% combination topsoil and organic matter, per the URMP. Media should be 70% sand andJ ;, Â© woc 30% combination topsolland -1 1 organic matter, per the URMP. i.~ --1 L.Â£-t 85~ ASTM C-33 SAND 15~ PEAT DRUM MIXED V BIO-RE- . Page: C4 _ac File Name: C-Civil Engineering.1015Waters.2018.4,pdf Is work being proposed on the ditch? -m, K me!~~~leg,m t=EÂ· t ...1 'Eel=.1 1 E-4521Â·.- : N.4 Im/v- 1 4 1 $1# Page: C5 1 J,F~ f K File Name: C-Civil Engineering.1015Waters.2018.4.pdf Please re-incorporate these figures on sheet C5. They are illegible. Please re-incorpcrate these 9 -figures on .heet (5 They are - illegible. FIFER 11 3.4 ;i Â·'E:tl G-Shoring.1015Waters.2018.4.pdf (3) Page: Grade-2 Temporary Micropile Wall Location No utilities are depicted on the File Name: G-Shoring.1015Waters.2018.4.pdf plan. Shallow and deep utilities No utilities are depicted on the plan. need to be depicted in order to Shallow and deep utilities need to be depicted in order to ensure no conflicts ensure no conflicts exist. Please exist. Please depict all utilities on the , stabilization plan, including those to be depict all utilities on the Bbandoned and those proposed ; Fal stabilization plan, including those #hdicate how proposed utilities will bel ~Hinated with the retaining wall. 42 to be abandoned and those proposed. Indicate how proposed utilities will be coordinated with the retaining wall. Page: Grade-2 Temporary Micropile Wall Location No structural infrastructure File Name: G-Shoring.1015Waters.2018.4.pdf including micropiles can be within 10ft of ditch. LCI C 2.52:'PSâ‚¬ Page: Grade-4 Temporary Micropile Wall General Notes - -- -'Â·,~~I--Â·-aâ€žj-~IÂ·~Â·Il-L ' File Name: G-Shoring.1015Waters.2018.4.pdf Add a note stating that movement readings from the movement monitoring plan shall be made available to the City mon*01,9*u.-d~-16-4*-* =i Engineering Department if requested. The Engineering Department shall be notified if movement is detected outside acceptable thresholds. L-Landscape Plans.1015Waters.2018.4.pdf (1) Page: L-1 LAYOUT AND MATERIALS Please verify that a tree removal File Name: L-Landscape Plans.1015Waters.2018.4.pdf permit has been submitted to the Parks Department. a~...-I I ...Ak 4 4 S-Structural Engineering.1015Waters.2018.4.pdf (1) Page: Sl.1 FOUNDATION PLAN 4 JEL File Name: S-Structural Engineering.1015Waters.2018.4.pdf Foundation can not be within 10ft of the center line of the ditch. IR=-==: J + t -1, _ J [1 + 1=.- .4. 1,1- ] -tiuÂ·=91 â‚¬7.1 i h u -."~ -'-V .1 '-1 F i . 4 â€¢ 4