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HomeMy WebLinkAboutcoa.lu.ec.110 E. Bleeker Extension of Vested Rights THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0080.2010.ASLU PARCEL ID NUMBER 2735 12 4 37 006 PROJECTS ADDRESS 110 E. BLEEKER ST PLANNER DREW ALEXANDER CASE DESCRIPTION EXTENTION OF VESTED RIGHTS REPRESENTATIVE POTAMIN DATE OF FINAL ACTION 2.15.11 CLOSED BY ANGELA SCOREY ON: 04.01.11 2? 5S-..( OO50 -ZOtD• i‘1.(4 :Ill i s Eile Ede @eCS &iriy F,grm Repargs Fermat It tlelP h$t * "al , T - Dicida t ito 9 91 ? I kin mil Iatia Iaowat r IY I I r I l: 4 ■ , y 'Aspen Land Use I 10 E SLEEKER ST M Mier l , ' ' r 2!/n010 . 4 I E �. . .ate... s 'I ' ' p ia EXTENSION OF VESTED RIGHTS 1 ,� ` � Few , ■ 1 ad 1" errs i ' W 11/X2011 . I II ��� N last nape POTAAtlQd . I Festal* [FA 7714 FIStER ISLAND FL ISLAND FL 3310 9.0966 1-- Phde (305)673 -5717 Ames APPk� ❑ C 0Owneris *pine Contractor ' s appicarl? 201 N ML Last name , COTE 8 EDWARDS,1 • • • Fist name suTE 203 Phan (970)925.8700 Cost *126875 1 Address ASPEN W131611 Lender Lest name 1 Frst name Phone ( ) - Address (s ) ill 11 hafl _ , , t i0 0 bath... r ., n o1 L4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE � CODE ADDRESS OF PROPERTY: A/ r Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I all • L (name, please print) being or represeatin an Applicant to the Ci of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatur-: The foregoing "Affidavit of Notice" was acknowledged before me this 25( day of 41 2011, by WITNESS MY HAND AND OFFICIAL SEAL iy Pudic Notice 24 My c mmissionex fires: 5h7 ��y PUBLIC NOTICE Y p Of ""v` / L n DEVELOPMENT APPROVAL approval of a bye iv 10 th ee y velo pment I lan 1 th e 24, Article l 68 Bev sad Sta utese otary Public pertainingg to the foll l described _ ��.� properl Subd Cit and Townsite of Aen, ` frock: 65, Lot: 1 and Lot: M, Ci of A County t Y P 111 of Pitkin, Colorado, 61611, commonly known as 'O` •••••�• eat 1 110 East Bleaker February M order of the Aspen City .•• Council on February 10th, 2011. Through � • I Resolution No. 15, Series of 2011, the Applicant ATTACHMENTS: i A �ne receiv e exensin of eata propt rigghts y t.frYUl1 • which we ill n expi on o Decevmber tl 9th, 2er013. The COPY OF THE PUBLICATION - t t veatatl rights ere associaed with ous pp'�ry approvals thatelloet for an adei anh renovaprev �j j�rl Ulvi,YV i i work to be completed on the historic home. For t �p + further information tooted Drew Alexander, at the r V • v City of Aspen Community eveloppment Dept 130 1 K COW _ S. Galena St, Aspen, Colom (9]0) d29 -2739. • N City of Aspen Published In The Aspen Times Weekly on My Commission Expires 0312912014 February 27, 2011. [61932291 1 ..., r , h k, . �� DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described i erein. The effective date of this Order shall also be the initiation date of a three -year vested pro, erty right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number Lexie Brockway Potamkin, 7714 Fisher Island Drive, Fischer Island, Florida, 33109, (305) 673- 5717 Legal Description and Street Address of Subject Property Subdivision: City and Townsite of Aspen, Block: 65, Lot: L and Lot: M, 110 East Bleeker Street Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval grants a three year extension of vested property rights in order to complete an addition and renovation to work to the historic property. The new expiry date of vested rights shall be December 9`", 2013. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Extension of Vested Property Rights approved by the Aspen City Council through Resolution No. 15, Series of 2011. Previous approvals include Resolution No. 95, Series of 2007 (vested rights extension), Resolution No. 8, Series of 2007 (setback variance), and BPC Resolution No. 33, Series of 2004 (amendment to final approval of a major development). Effective Date of Development Order (Same as date of publication of notice of approval.) February 27, 2011 (the vested rights are extended through December 9, 2013) Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) December 9, 2013 Issued tic 17 day of February, 2011, by the City of Aspen Community Development Director. Chris Bendon, ' ommunity Development Director Resolution No. I S (Series of 2011) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED PROPERTY RIGHTS GRANTED BY HPC RESOLUTION NO. 33, SERIES OF 2004 (AS AMENDED) AND SUBSEQUENTLY EXTENDED THROUGH ASPEN CITY COUNCIL RESOLUTION NO. 95, SERIES OF 2007 FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735- 124 -37 -006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Jody Edwards of Klein, Cote and Edwards, LLC, requesting approval of a three (3) year extension of the vested property rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended and subsequently extended through Aspen City Council Resolution No. 95, Series of 2007; and, WHEREAS, the applicant submitted the application for extension of vested property rights on December 7, 2010 before the vested property rights expired; and, WHEREAS, pursuant to Section 26.308.010, Vested Property Rights, of the Land Use Code, City Council may grant an extension of vested property rights after a public hearing is held and resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, The Aspen City Council has reviewed and considered the requested extension of vested property rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested property rights proposal meets of exceeds all applicable land use standards and that the approval of the extension of vested property rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested property rights for the 110 E. Bleeker project as was originally approved by HPC Resolution No. 33, Series of 2004 (as amended) and subsequently extended through Aspen City Council Resolution No. 95, Series of 2007 establishing a new expiration date of December 9, 2013. 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. Section 5: A duly noticed public hearing on this Resolution was held on the 14th day of February, 2011 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. (Signatures on following page} INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14 day of February, 2011. Attest: i��/ iC7if 2 •/,�� �J Kathryn S. och, City Clerk Michael C. Ireland, ayor FINALLY, adopted, passed, and approved by a 6 vote on this May of 2011. Attest: �� Air LA �/ Kathryn . och, City Clerk ichael . Ireland, yor Approved as to form 7/. John P. orcester, City Attorney Dr2c t) l� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: I/O £. 74Le.eleef SP , Aspen, CO SCHEDULED PUBLIC HEARING DATE: td eel G.e krua� 1+ e 6:692$120 ) 1 STATE OF COLORADO ) ss. County of Pitkin ) 1, _e. #i s -e.. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: P ublication of notice: By the publication in the legal notice section of an offictl paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 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 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. (Continued on next page) s ... 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 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this ,g./ day of ini 0.41 , 20Rj, by ?,nc)teLci Sir -4-1 • to i Galena WITNESS MY HAND AND OFFICIAL SEAL Sunday, January 0, 2011 • • Aspen _<-- �� l3 ICNOTICE -Y PU , My -mmission expires: INT IN TENSION OF VESTED PR OPERTY 110 EAST OPEETY RIGHTS. HTS. � '� •••• ••• /, i ENSION IGi �• It ,1 / w It b held on Monday, February °14Th, 2011 ale a LINDA M. : ix t4 t / - meeting to begin at 5:00 p.m. before the A30 S. • x City Council, Council Chambers, City Hall, MPNt�!Pg i i Notary Public to coned) en application ile Aspen ro ed ri ass oci a ted with a extend the vested p D y ']� i thh Ap its requesting a ° v vested street. The sio application was ` , _,,,, s - � ex ` tensi of three years. The app behalf le of xi Klein, Brockway 8 amkm. ,d 714 s s.... � 1 . N , " Island /,f bean Df Fiteeroc, FL ' n EX 0312912014 property Fisher r view 8l gaily The bed 85 property nnCey review is legally pescribcd as subdivision: oand LotyM and Townsue of The parcel number or the subject property is 2 ]35- 124 -3] -906. ATTACHMENTS AS APPLICABLE: For titer information, contact Grew Alexander at the City of Aspen Community Aa V en oep GO 6161 E PUBLICATION , partmen ]9 <29 -2 1 ]39 39 , S. 111 Galena Sl, n cn.ua � OF THE POSTED NOTICE (SIGN) ( 9 � ! ° ° °" Aspen City Council OWNERS AND GOVERNMENT AGENGIES NOTIED 1 Published in the Aspen Times Weekly on January l 30th, 2011. (609929]I __.,.... "ERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 ‘ 00' N. .a Vtttbl MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director IJAMI FROM: Drew Alexander, Planner RE: 110 East Bleeker Street, Extension of Vested Property Rights — Resolution IS, Series 2011— Public Hearing MEETING DATE: February 14, 2011 APPLICANT /OWNER: RECOMMENDATION: Lexie Brockway Potamkin Staff recommends approval. REPRESENTATIVE: SUMMARY: Klein, Cote & Edwards, 201 North Mill The Applicant requests a three year extension of Street, STE 203, Aspen, Colorado 81611 their vested rights to December 9, 2013 with regard to the existing approval. LOCATION: 110 E. Bleeker Street, Lots L and M, Block 65, City and Townsite of Aspen. ; • - ' CURRENT ZONING & APPROVED USE ' R -6 (Medium- density Residential) Zone 1 District. A historically landmarked 1 y- - ' 1,. y single - family dwelling unit is approved. -1.' * -j - ' , . yyyyyy}}}}}} , tom ,. 11 1' - j , - i 10 Figure 1: 110 East Bleeker Street LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: . • Extension of Vested Rights to extend the vested rights of the approved project to December 9, 2013, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). 110 East Bleeker Street Staff Memo 1 P182 C "� PROJECT SUMMARY: 110 E. Bleeker Street is a 6,000 square foot lot located within Aspen's R -6 (Medium- Density Residential) Zone District. The structure is situated on the eastern portion of the lot, and the original approval grants the ability to construct an attached addition on the western portion of the lot. The existing structure is a historic landmark property. The Applicant requests an extension of their vested rights for the project approved by Historic Preservation Commission (HPC) Resolution No. 33, Series 2004. This project was subsequently granted a three year extension of vested property rights through City Council Resolution No. 95, Series of 2007 HPC Resolution No. 33, Series of 2004 granted the Applicant a 5% site coverage variance, a 325 square foot floor area bonus, authority to renovate the existing home, and the ability to construct a new addition. Resolution No. 33 provided 18 conditions of approval to ensure appropriate completeness of the project and proper care of the historic resource. Elevations and floor plans of the proposed redevelopment are provided in Exhibit C. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until December 9, 2013, pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use Code. The review criteria are addressed in Exhibit A. The Applicant has experienced a number of hardships since the previous vested rights extension. Primarily, there was a boundary line dispute involving the historic carriage house at the rear of the Applicant's property. This was a multi -year dispute that was finally settled in August of 2010. Secondly, the current economic condition has not permitted a level of lending that would make the project easily accomplished. These two issues have contributed significantly to the delay in this development plan. The Land Use Code has not received any major revisions that would alter HPC's original approval. The City's Historic Preservation Officer has reviewed this request and finds that the project still represents a reasonable development plan for the historic resource. Additionally, the 18 conditions of approval in HPC Resolution No. 33 provide strong direction for a successful completion (Exhibit B). RECOMMENDATION: Given the hardships experience since the previous extension, and the comprehensive list of approval conditions imposed by the original HPC Resolution, Staff recommends that the City Council approve the requested extension of vested property rights with an expiration date of December 9, 2013 for 110 East Bleeker Street. I The City Council Resolution which previously extended the vested rights expired on December 8, 2010. 110 East Bleeker Street Staff Memo 2 P183 RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 6, Series of 2011, extending the vested rights for 110 East Bleeker Street to December 9, 2013." CITY MANAGER'S COMMENTS: ATTACHMENTS: Resolution No.15 Series of 2011 EXHIBIT A — Review Criteria and Staff Findings. EXHIBIT B — 11 Resolution No. 33, Series of 2004 (includes conditions of approval) EXHIBIT C - HIPC approved floor plans and elevations. EXHIBIT D — City Council Resolution No. 95, Series of 2007 EXHIBIT E — Application. 110 East Bleeker Street Staff Memo 3 P184 C 3 IS Resolution No. I S (Series of 2011) A RESOLUTION OF 111E ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF TH.E VESTED PROPERTY RIGHTS GRANTED BY HPC RESOLUTION NO. 33, SERIES OF 2004 (AS AMENDED) AND SUBSEQUENTLY EXTENDED THROUGH ASPEN CITY COUNCIL RESOLUTION NO. 95, SERIES OF 2007 FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735 - 124-37 -006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Jody Edwards of Klein, Cote and Edwards, LLC, requesting approval of a three (3) year extension of the vested property rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended and subsequently extended through Aspen City Council Resolution No. 95, Series of 2007; and, WHEREAS, the applicant submitted the application for extension of vested property rights on December 7, 2010 before the vested property rights expired; and, WHEREAS, pursuant to Section 26.308.010, Vested Property Rights, of the Land Use Code, City Council may grant an extension of vested property rights after a public hearing is held and resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, The Aspen City Council has reviewed and considered the requested extension of vested property rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested property rights proposal meets of exceeds all applicable land use standards and that the approval of the extension of vested property rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, 'THEREFORE, BE IT RESOLVED BY 'f'HE CITY COUNCIL OF ASPEN COLORADO, THAT: P187 Exhibit A Vested Property Rights Extension 110 East Bleeker Street Extension or Reinstatement of Vested Rights: 26.308.010.0 The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this section 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff finding: Most conditions associated with this project deal with elements once construction begun. These conditions can be found in HPC Resolution No. 33, Series of 2004. No other conditions have required performance prior to this extension request. Staff finds this criterion met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff finding:_ The Applicant has had to deal with two major setbacks since the previous vested rights extension. These include a boundary line dispute and a stagnant lending economy. In addition, the Applicant has made multiple revisions to the project through Staff direction and request, submitted for building permit,' and obtained an encroachment license. It is Staffs finding that the Applicant has been active in the past three years and has a justifiable means to request this extension. Staff finds this criterion met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff finding_ Being that the project has not been issued a building permit, no impact fees have been collected. The project still intends to preserve an historic landmark, and is committed to the conditions placed by the Historic Preservation Commission. Staff finds this criterion met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Issues arose during the permit process and the permit has since expired. P188 Staff finding: An extension of vested property rights would hopefully grant the Applicant enough time to complete the project, or receive a building permit. The Applicant is not receiving a waiver from any major Land Use Code changes through an extension of vested rights. Staff does not believe that subjecting the Applicant to another review would result in a better project. The vast majority of the regulations remain unchanged, and Staff has repeatedly stated throughout this project's history that it represents a good project. The project will preserve a valuable historic resource — one of the few remaining 19 century brick homes in Aspen. Staff finds this criterion met. P189 5x6078 I 1111111111111111111111111111111111111111I111 !111111 s D 0.00 11301 SILVIA DAVIS PITKIN COUNTY CO A 16 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR A SUBSTANTIAL AMENDMENT TO MAJOR DEVELOPMENT (FINAL) FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 33, SERIES OF 2004 PARCEL ID: 2735 - 124 -37 -006 WHEREAS, Robert and Lexie Potamkin, represented by Rally Dupps, Consortium Architects, and Mitch Haas, Haas Land Planning, -have requested a Substantial Amendment to the Final Development granted by Resolution #27, Series of 2002 for the property located at 110 E. Bleeker Street, Lot L and M, Block 65, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for a Substantial Amendment to Final Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated December 8, 2004, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on December 8, 2004, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of 5 to 1. NOW, THEREFORE, BE IT RESOLVED: HPC grants approval for a Substantial Amendment to Major Development (Final) for 110 E. Bleeker Street with the following conditions: 1. HPC has granted a 325 square foot FAR bonus and a 5% site coverage variance for the project. In order for this project to qualify for the FAR bonus, the porch, front -190 -- C� -- l 111111 5,297,6 817:301 0.00 window, and both front doors are to be restored to their original condition and the paint must be removed from the masonry. 2. The method for removing the paint from the masonry must be approved by HPC staff and monitor. Test patches will be reviewed by staff and monitor. 3. After the paint has been removed from the historic house, the applicant shall contact . staff for an inspection to determine whether there were any original window openings on the east facade of the house, under the gable end. If so, the window(s) should be restored based on a plan approved by staff and monitor. 4. A cut sheet must be provided for any new windows to be installed in the historic building, to be reviewed and approved by staff and monitor. 5. Detail drawings showing the reconstruction of the porch and bay window to match the photographs must be submitted for review and approval by staff and monitor. 6. Any changes to the landscape plan must be reviewed and approved by HPC staff and monitor. Provide additional information about the new tree installation indicated on the landscape plan, for approval by staff and monitor. 7. As part of an overall restoration of the historic character of the property, staff recommends the owner work with the City Parks Department to remove and replace the existing trees on the City right of way with more appropriate trees. The current trees disrupt the relationship between the front of the house and the street. If the owner is in agreement, this will be done at the City's expense. 8. A picket fence as represented in the plans may be constructed along the property lines. 9. HPC staff and monitor must approve a plan for the type and location of all exterior lighting fixtures prior to wiring, installation or purchase. The light fixtures must comply with the "City of Aspen Historic Preservation Design Guidelines" and the "City Lighting Code." 10. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available, before their installation. 11. Submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the existing house are to be removed as part of the renovation. 12. No elements are to be added to the historic house that did not previously exist, other than what is approved by HPC. No existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor. 13. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor. 14. The conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction. 15. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit. 16. The General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit. 17. Restudy the detailing of the junction between the historic house and the rear porch of the addition. The design, which must be approved by staff and monitor, must protect P191 the historic building from damage (for instance from snow or drainage directed at the old masonry), and must look at eliminating the overlap onto the corner in terms of . protecting the original building's integrity. 18. Restudy the roof over the stair town on the addition to meet guideline 10.9, to be reviewed and approved by staff and monitor. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of December, 2004. Approved as to Form: ' d —1 I Davi Hoefer, AssistanYCity Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION A • Jef alferty, Chair ATTEST: 7 (`` lz i Kathy Strickland, Chief Deputy Clerk II 1 ` 50 6078 1 .0 t91 B 0011 : 301 SILVIP DPV1e PITKIN COUNTY CO \ . pl 1r 1 y V I.. a. � �s It 11I 0 r— Idcamm,:S 1 1 11 D I I , �I _�_ I ��I_� X11 1�_ �� _ �_�. .� �II1 =I j II = _re _ w CP � L I ra I rCi� ' co r =- ' 0 1 II ��� •'I � I L . , 5 T N / 1 • F.,: O p — 1 1 111111 ' 111 ' lll'111111 11111 1 1 1 11111 1 g IJ Z / .+ l 1 g -'S € 1 r ill O W n � � € 1 � h p I . 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I 1 I,. , 1 I a I I o I I I SNIT_ J ip, / / ii # —7 M � - \ ` 0 ` o \ � 1 n ri h ill i "e . 3I 1 � ° ° Ai ° NORTH T O MAIN LEVEL PLAN row w.con Iln i/ ra .. ` • • SAT t-� \_aTO, 5 I'l yb 'E i RESOLUTION NO. 7b (Series of 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION NO. 33, SERIES OF 2004 (AS AMENDED) FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735- 124 -37 -006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Eben Klein of Klein, Cote & Edwards, LLC, requesting approval of a three (3) year extension of the vested rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended); and WHEREAS, the applicant submitted the application for extension of vested property rights on August 14, 2007 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested rights for the 110 E. Bleeker project as was originally approved by HPC Resolution No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution No. 8, 2007) establishing a new expiration date of December 8, 2010, with the following condition: I. That, should the existing building permit application expire, the establishment herein of a vested property right shall not preclude a new building permit from the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. Section 5: A duly noticed public hearing on this Resolution was held on the 12th day of November, 2007 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to L -9 vote on this '3day of / Approved as to form: Approved as to content: _ '�� hit . ' � rcester, City Attorney Michael C. Ireland, M or Attest: 1 / Apr Kathryn S. K., , City Clerk w ASLIA KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hskri kcelaw net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC Imnkcelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC eefikcelaw net TELEPHONE (970) 925 -8700 COREY T. ZURBUCII clzraakcelaw.nel FACSIMILE_ (970) 925-3977 EBEN P. CLARK epo/Dkcelaw.nel MADHU B_ KRISHNAMURTI mbkacelawnet DAVID C MUG dcuakccIaw.net also admitted in California RECEIVED December 7, 2010 DEC 0 7 2010 City of Aspen City Council CITY OF ASPEN c/o Amy Guthrie COMMUNITY DEVELOPMENT Senior Planner - Historic Preservation 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Application for Extension of Vested Rights for 110 E. Bleeker St., Aspen Project ( "the Project ") Dear Council Members: This letter is the written description of the application of Lexie Brockway Potamkin for an extension of vested rights for an additional 3 year period to allow Applicant to complete the Project located at 110 E. Bleeker St., Aspen as it is currently approved. The written explanation of how the proposal complies with the City of Aspen Land Use Code is also herein. The Project is a full restoration of a 19 Century brick home in Aspen's West End. Staff has recognized that there are relatively few 19 Century brick homes left in Aspen, and has stated that the renovation of this "nicely detailed Victorian" would "benefit the neighborhood and community ". See Staff Memorandum dated January 23, 2002. The Project also remains true to the original home and the intent of Aspen historic preservation policies, because there are no other changes to the historic structure. The Project is a restoration of the home that respects its original state and the construction of a complementary addition. Applicant has also agreed to restore and replace the front bay windows and the two front doors. Applicant conducted substantial work on researching the correct windows to be installed on this highly visible part of the home. In addition, at the request of Staff, Applicant has agreed to remove and replace several trees on the Property in order to showcase the historic attributes of the home and the front porch renovations. Applicant also agreed to modify the original plans to reduce the height of the connection between the existing structure and the addition so as not to detract from the City of Aspen City Council December 7, 2010 Page 2 of 5 appearance of the historic portion of the home, and render the design more acceptable to Staff. Finally, Applicant has agreed to remove a non - historic addition to the rear of house. Two factors have contributed to the delay of the Project. First, progress was stalled to allow for the resolution of a boundary line dispute regarding the historic carriage house located on the property. That matter was finally settled in August of 2010. The second factor is the current, very unfavorable lending and economic climate. This climate has made the completion of the restoration impractical at this time. To complete the project as planned and present a thorough restoration that will do justice to the structure and the intent of the original approvals, Applicant requires more time to arrange financing for the work. This request is for: 1. An Extension of Vested Rights for a period of 3 years to complete the Project as it is currently approved. The requested Extension of Vested Rights will allow Applicant to arrange the financing necessary for the Project and complete the Project as it is currently approved. The home itself is a rare example of a brick Victorian in the downtown area. In its current form, the Project is an historic remodel that includes only improvements that reflect deference to and respect for the historic features and significance of the home. The remodel also refines the structure and landscaping to highlight the historic character. Staff has stated that remodeling the home will have the public benefit of both preserving the home and enhancing the public's ability to view and appreciate its unique character. Applicant has worked with Staff to create an excellent Project, and after extensive review, both HPC and Council appear to agree. The Project has been previously reviewed by the Historic Preservation Commission (the "Commission ") three times, in 2002 and 2004 and 2007. The Commission approved the Project in Resolutions No. 27, Series of 2002, and No. 23, Series of 2004 (the "Resolutions "). In 2007, the Commission granted a variance of the Combined Side Yard Setback from the required fifteen (15) feet to the proposed ten (10) feet in Resolution No. 8, Series of 2007. Also in 2007, City Council granted a three year extension of the vested rights for the project in Resolution No. 95, Series of 2007. The applicant is Lexie Brockway Potamkin, 7714 Fisher Island Dr., Fisher Island, Florida 33109 -0966 ( "Applicant "). This firm is authorized to act on Applicant's behalf with regard to the Project. The subject property is located at 110 E. Bleeker St., Aspen. The parcel is identified as parcel number 273512437006, and the legal description of the property is Lots L & M, Block 65, City and Townsite of Aspen. By this letter, this firm certifies that, based on our review of title to the property, the present owner is Ms. Lexie Brockway Potamkin. The requested Extension of Vested Rights also complies with the specific provisions of the City of Aspen Land Use Code. Section 26.308.010(C)(2) of the Code provides: City of Aspen City Council December 7, 2010 Page 3 of 5 The City Council may by resolution, at a public hearing noticed by publication, mailing, and posting (See section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order .... (Emphasis added). 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project; c. The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications; d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. This Application meets each of the above criteria as follows: Criterion: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement: Response: Applicant has met all conditions imposed by the City and HPC that require performance to date. Criterion: The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project: Response: Applicant has diligently pursued the Project to date including: the lengthy legal process necessary to resolve a boundary dispute; revising the Project on several occasions as requested by Staff; seeking a building permit to the point where issuance of the permit is delayed only by issues discovered late in the process; acquiring additional approvals as requested by Staff; seeking an encroachment license from the City for the pre- existing garage; and resolving a quiet title action with neighboring property owners to resolve property line issues. Criterion: The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications: Response: Because a building permit for the Project has not yet been issued, impact fees applicable to the Project are not yet due. However, when the building permit is issued, City of Aspen City Council December 7, 2010 Page 4 of 5 Applicant will pay Park Dedication and School Land Dedications. Beyond the monetary benefits, Staff has recognized that there are relatively few 19 Century brick homes left in Aspen, and has stated that the renovation of this "nicely detailed Victorian" would "benefit the neighborhood and community ". See Staff Memorandum dated January 23, 2002. The Project also remains true to the original home and the intent of Aspen historic preservation policies because there are no other changes to the historic structure. The Project is a restoration of the home to its original state and the construction of a complementary addition. Applicant has also agreed to restore and replace the front bay windows and the two front doors. Applicant conducted substantial work on researching the correct windows to be installed on this highly visible part of the home. In addition, Applicant has agreed to remove and replace several trees on the Property, at the request of Staff, in order to showcase the historic attributes of the home and the front porch renovations. Applicant further agreed to modify the original plans to reduce the height of the connection between the existing structure and the addition so as not to detract from the appearance of the historic home, and render the design more acceptable to Staff. Finally, Applicant has agreed to remove a non - historic addition to the rear of house. Criterion: The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: Several of the needs of and benefits to the City are set out above. In addition, Applicant asks Council to consider the time and resources already dedicated to this Project by both HPC and the City generally. Both have reviewed the Project several times on different administrative levels, and requiring the Applicant and the City to work through that process again would not be an efficient use of City resources. Further, there do not appear to be any new code provisions or regulations from which the Project is exempted by its prior approvals. Therefore, there is nothing the Applicant is escaping, or that the City is being denied, as a result of the requested extension. The needs of the Applicant in this case have to do with financing that is not readily available in the current economic climate and with the rear and side lot line issues. Delay caused by resolving this dispute has pushed the Project into the current economic and lending climate. Applicant is requesting an extension of her vested rights to allow time for her to pursue financing in the current, unfavorable lending climate. Applicant has already received approval from City Engineering for an encroachment license to allow the garage to remain in place, and Applicant has resolved the legal process with the neighboring property owners to address the garage. Based on the foregoing, Applicant meets each of the stated requirements for an extension of vested rights. Beyond the listed requirements, the grant of an extension will allow the Project to proceed as planned once the current issues have been addressed. This will result in the preservation and renovation of an example of a rare Victorian brick home in the downtown area, and will highlight the historic aspects of the home for the benefit of the City's character, preservation program, and its visitors and residents. Therefore, Applicant requests the grant of the requested extension of vested rights. City of Aspen City Council December 7, 2010 Page 5 of 5 Thank you for your consideration of this application. Sincerely, KLEIN, COTE & EDWARDS, LLC By: Eben P. Clark Extenison of Vested Rights It 12-6-10 doc Parcel Detail " Page 1 of 3 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail I Value Detail I Sales Detail 1 ResidentiaUCommercial Improvement Detail Land Detail 1 Photographs I Tax Area Account Number Parcel Number 1 2009 Mil Levy 001 j R000863 273512437006 25.253 Owner Name and Address BROCKWAY LEXIE 7714 FISHER ISLAND DR FISHER ISLAND, FL 33109 -0966 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 65 Lot: I, AND:- Lot: M Location Physical Address: II 1 10 E BLEEKER ST ASPEN Subdivision:) CITY AND TOWNSITE OF ASPEN Land Acres: 0 Land Sq Ft: 16,000 2010 Property Tax Valuation Information Actual Value I Assessed Value Land: 4,500,000 358,200 Improvements: 464,000 36,930 Total: 4,964,0001 395,130 http: / /www. pi tkina s se s sor. org /assesso r/Pa rce I .asp ?A c countNum ber= R 000 863 12/7/2010 • Parcel Detail Page 2 of 3 Sale Date: 6/3/1993 1 Sale Price: 700,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: I i Residential Building Occurrence 0 Characteristics I I GARAGE DETACHED 462 UNFINISH: ENCLOSED PORCH: 1110 FIRST FLOOR: 11,144 WOOD BALCONY: 308 1/2 STORY: 1632 Total Heated Area: 1,776 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1888 Effective Year Built: 1985 Bedrooms: 3 Baths: 1.70000004768372 Quality of Construction: VG 12 +BASE Exterior Wall: WOOD SD GO Interior Wall: BASE Floor: BASE Heat Type: FORCED AIR Heating Fuel: BASE Roof Cover: CEDAR SHAK Roof Structure: IGABLE/HIP Neighborhood: [NORTH "WEST END" ASPEN Super Nbhd: CITY OF ASPEN Tax Information 1Balance Due as of 9/14/2010 $0.00 Current Year Balance Due I II I http: / /www.pitkinassessor.org /assessor /Parcel. asp ?AccountNumber =R000863 12/7/2010 Parcel Detail Page 3 of 3 $0.00IIDelinquent Years' Balance Due 1 $0.00 'Total Balance Due Tax Year Due In I Tax + Special Assessment Amount 2009 2010 I $9,978.201 2008 I 2009 $6,201.92 2007 I 2008 $5,990.64 2006 2007 $4,537.12 I 2005 2006 $4,352.14 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http: / /www.pitkinassessor.org/ assessor /Parcel. asp ?AccountNumber= R000863 12/7/2010 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (NC- --PncLW. 17 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submi ed to CITY an application for Vcl c€R .1 2ae - ILO E. T3leake -- St. � AV Yrl (hereinafter, THE PROJECT). [� 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee stmcture for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its fill costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planting and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ I t 4 o which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner (tour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT r I By: By: j 7///_ZL -- ALn - iJ - CATt Chris Bendon ` I Community Development Director Date: Dtzer` -C r 7-e'l 0 Billing Address and Telephone Number; x-714 tsk. 9 &L,rrrL *vt F— .3 "3109 -0766 ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: Lexie Brockway Potamkin Location: 110 E. Bleeker St. Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512437006 APPLICANT: Name: Lexie Brockway Potamkin Address: 7714 Fischer Island Dr. , Fisher Island, FL 33109 -0966 Phone #: REPRESENTATIVE: Name: Eben Clark, Klein, Cote & Edwards, LLC Address: 201 N. Mill St., Ste. 203, Aspen, CO 81611 Phone #: 970 925 8700 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use GM ❑ S Allotment P ry Q ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condom inium ization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Extension of Vested Rights ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Previously approved renovation and expansion of existing historic brick Victorian in downtown area. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Three year extension of vested right to complete project as previously approved Have you attached the following? FEES DOE; $_ 1I I 4D ❑ Pre- Application Conference Summary ® Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards j 3 -D Model for large project \1l plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text Viicrosoft Word Format) must be submitted as part of the application. Large scale projects should include an Iectronic 3 -1) model. Your pre - application conference summary will indicate if you must submit a 3 -0 model. Parcel Detail Page 1 of 3 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area II Account Number I Parcel Number 1 2009 Mill Levy I 001 R000863 273512437006 I 25.253 Owner Name and Address BROCKWAY LEXIE 7714 FISHER ISLAND DR FISHER ISLAND, FL 33109 -0966 Legal Description Subdivision; CITY AND TOWNSITE OF ASPEN Block: 65 Lot: L AND : - Lot: M Location Physical Address: 110 E BLEEKER ST ASPEN Subdivision: CITY AND TOWNSITE OF fff- -- ASPEN Land Acres: 0 Land Sq Ft: 6,000 2010 Property Tax Valuation Information Actual Value Assessed Value Land: 4,500,000 358,200 Improvements: 464,000 36,930 Total: 4,964,000 395,130 http: / /www.pitkinassessor.org/ assessor /ParceLasp ?AccountNumber R000863 12/7/2010 C' Parcel Detail Page 2 of 3 Sale Date: 6/3/1993 Sale Price: 700,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: I I Residential Building Occurrence 0 Characteristics I I GARAGE DETACHED 462 IINFINISH: ENCLOSED PORCH: 1110 FIRST FLOOR: 11,144 WOOD BALCONY: 1308 1/2 STORY: 1632 Total Heated Area: 11,776 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1888 Effective Year Built: 1985 Bedrooms: 13 Baths: 1.70000004768372 Quality of Construction: VG 12+BASE Exterior Wall: WOOD SD GO Interior Wall: 'BASE Floor: BASE Heat Type: 'FORCED AIR. Heating Fuel: BASE Roof Cover: CEDAR SI IAK Roof Structure: GABLE /HIP Neighborhood: [NORTH "WEST END" ASPEN SuperNbad: CITY OF ASPEN Tax Information Balance Due as of 9/14/2010 $0.00 Current Year Balance Due I II I http: / /www.pitkinassessonorg/ assessor / Parcel .asp ?AccountNumbei =R000863 12/7/2010 Parcel Detail Page 3 of 3 1 $0.0011Delinquent Years' Balance Due 1 $0.00 Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 1 2010 I $9,978.201 2008 I 2009 I $6,201.921 2007 I 2008 $5,990.64 2006 2007 $4,537.12 1 2005 2006 $4,352.141 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Pitkin County Horne Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http:// www.pitkinassessor.org/assessor /Parcel. asp ?AccountNumber= R000863 12/7/2010 W .�.t • 11: to w ( ' 1 F"� ' 4' h b r ` � 4 1� • PI i `• ►.-,1• ii t. � • w t., i • t i , r t. I�. L bt, .` t • 6 I; V J "01'1. 4 � t4 t C4 � 4 e . t +` a il, f .� - + 7 .�s . .5 r •�r NI.S•t nnn k , '0a0' `Y x+. ti. ) r �'1� � ' � ! 1' x • r yy. 7 i��.ii. �.'_ 1 in FJ 1 i r i-7 i T . L yl` � /� ii j t 'r t ; ` � 5 itp a y :�, F I • 4 0 • I O a e .k n Hs ue . k � ■ t . . .>t k „ � cc jest s4 0 �,Q JJ �I�, yAtar _ %b • ' �a /3 � j i6. r i ♦ r w � gl !fl' ti.. . �' ye a� �'. a�'SY :4 iEi!'fl `� E3Q II I I I I 11111 5 060 0 8 3 11.301 SILVIP DAVIS PITKIN COUNTY CO R 16.00 D 0.00 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR A SUBSTANTIAL AMENDMENT TO MAJOR DEVELOPMENT (FINAL) FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 33, SERIES OF 2004 PARCEL I1): 2735- 124 -37 -006 WHEREAS, Robert and Lexie Potamkin, represented by Rally Dupps, Consortium Architects, and Mitch Haas, Haas Land Planning, have requested a Substantial Amendment to the Final Development granted by Resolution #27, Series of 2002 for the property located at 110 E. Bleeker Street, Lot L and M, Block 65, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, Section 26.415.070 of the Municipal Code states that `no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for a Substantial Amendment to Final Major Development Review, the HPC must ` ' review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated December 8, 2004, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on December 8, 2004, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of 5 to 1. NOW, THEREFORE, BE IT RESOLVED: HPC grants approval for a Substantial Amendment to Major Development (Final) for 110 E. Bleeker Street with the following conditions: 1. HPC has granted a 325 square foot FAR bonus and a 5% site coverage variance for the project. In order for this project to qualify for the FAR bonus, the porch, front • _ .. s4.. II I libill11111 i II II(II II I 5 6008 11:30; SILVIR DAVIS PITKIN COUNTY CO R 16.00 0 0.00 window, and both front doors are to be restored to their original condition and the paint must be removed from the masonry. 2. The method for removing the paint from the masonry must be approved by HPC staff and monitor. Test patches will be reviewed by staff and monitor. 3. After the paint has been removed from the historic house, the applicant shall contact staff for an inspection to determine whether there were any original window openings on the east facade of the house, under the gable end. If so, the window(s) should be restored based on a plan approved by staff and monitor. 4. A cut sheet must be provided for any new windows to be installed in the historic building, to be reviewed and approved by staff and monitor. 5. Detail drawings showing the reconstruction of the porch and bay window to match the photographs must be submitted for review and approval by staff and monitor. 6. Any changes to the landscape plan must be reviewed and approved by HPC staff and monitor. Provide additional information about the new tree installation indicated on the landscape plan, for approval by staff and monitor. 7. As part of an overall restoration of the historic character of the property, staff recommends the owner work with the City Parks Department to remove and replace the existing trees on the City right of way with more appropriate trees. The current trees disrupt the relationship between the front of the house and the street. If the owner is in agreement, this will be done at the City's expense. 8. A picket fence as represented in the plans may be constructed along the property lines. 9. HPC staff and monitor must approve a plan for the type and location of all exterior lighting fixtures prior to wiring, installation or purchase. The light fixtures must comply with the "City of Aspen Historic Preservation Design Guidelines" and the "City Lighting Code." 10. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available, before their installation. 11. Submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the existing house are to be removed as part of the renovation. 12. No elements are to be added to the historic house that did not previously exist, other than what is approved by HPC. No existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor. 13. There shall he no deviations from the exterior elevations as approved without first being reviewed and approved by 1IPC staff and monitor. 14. The conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction. 15. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit. 16. The General Contractor and/or Superintendent shall he required to obtain a specialty license in historic preservation prior to receiving a building permit. 17. Restudy the detailing of the junction between the historic house and the rear porch of the addition. The design, which must be approved by staff and monitor, must protect the historic building from damage (for instance from snow or drainage directed at the old masonry), and must look at eliminating the overlap onto the comer in terms of protecting the original building's integrity. 18. Restudy the roof over the stair town on the addition to meet guideline 10.9, to be reviewed and approved by staff and monitor. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of December, 2004. Approved as to Form: • i Davi Hoefer, AssistanlCity Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION I A Jef alferty, Chair V �� ATTEST: Kathy Strickland, Chief Deputy Clerk III ©6 ©78 U I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111IIII 5 0 0 1? 2:0.5f0: 1 . 301 SILVIA A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING A COMBINED SIDEYARD SETBACK VARIANCE FOR A PROJECT LOCATED AT 110 E. SLEEKER, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 8, SERIES OF 2007 PARCEL ID: 2735 - 124 -37 -006 WHEREAS, the applicant, Lexie Brockway Potamkin, owner, represented by Klein, Cotd, and Edwards, LLC, has requested a setback variance for the property located at 110 E. Bleeker, Lots L and M, Block 65, City and Townsite of Aspen; and WHEREAS, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine that Section 26.415.110.B of the Municipal Code, is met; and WHEREAS, Amy Guthrie, in her staff report dated March 28, 2007, performed an analysis of the application based on the standards, found that the review standards were met, and recommended approval of a combined sideyard setback variance; and WHEREAS, at their regular meeting on March 28, 2007, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and approved a combined sideyard setback variance by a vote of 4 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants a 5 foot reduction of the minimum combined sideyard setback for the project at 110 E. Bleeker, Lots L and M, Block 65, City and Townsite of Aspen. The project was granted final approval via HPC Resolution #33, Series of 2004. APPROVED BY THE COMMISSION at its regular meeting on the 28 day of March, 2007. Approved aria fo m: Dau% t City Attorney Approved as to content: HIS . • RIC P'/ SrAT N COMMISSION RECEPTION #: 544756, 12110!2007 at 11:41:53 AM, 1 OF 1, R $6.00 Doc Code RESOLUTION r A1? cAA �a Janice K. Vos Caudill, Pitkin County, CO it CA.R 1 ATTEST: Kathy Strickland, Chief Deputy Clerk RESOLUTION NO. % (Series of 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION NO. 33, SERIES OF 2004 (AS AMENDED) FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735 - 124 -37 -006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Eben Klein of Klein, Cote & Edwards, LLC, requesting approval of a three (3) year extension of the vested rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended); and WHEREAS, the applicant submitted the application for extension of vested property rights on August 14, 2007 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fords that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three (3) year extension of vested rights for the 110 E, Bleeker project as was originally approved by HPC Resolution No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution No. 8, 2007) establishing a new expiration date of December 8, 2010, with the following condition: 1. That, should the existing building permit application expire, the establishment herein of a vested property right shall not preclude a new building permit from the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. Section 5: A duly noticed public hearing on this Resolution was held on the 12th day of November, 2007 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FI LL Y, adopted, passed, and approved by a to L -J vote on this l 3day of 007. Approved as to form: Approved as to content: Jo h rcester, City Attorney Michael C. Ireland, M or Attest: Mr XA — Kathryn S. K , City Clerk Continued Meeting Aspen City Council November 13, 2007 Mayor Ireland moved to deny the subdivision application; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, no; Mayor Ireland, yes. Motion carried. RESOLUTION #95, SERIES OF 2007 — Extension of vested rights Councilman Skadron joined the meeting. Eban Clark, representing the applicant, stated they are requesting an extension of vested rights in order to continue a restoration and remodel on an existing historic Victorian house which has been classified as a nice example of the era. The project has been reviewed 3 times by HPC and approved on all 3 occasions including a side yard variation. Clark told Council the applicants have discovered the garage on the northeast corner of the alley encroaches on the neighbor's property. Clark said they have been working on this issue with staff and to resolve the boundary issue. Chris Bendon, community development department, told Council staff supports the request as the applicant is attempting to resolve logistic and legal issues. Bendon said this is a good project and has obtained HPC approvals for the restoration and remodel. Bendon told Council the original vesting is 3 years and this is a request for 3 additional years. Mayor Ireland moved to approve Resolution #95, Series of 2007; seconded by Councilman Romero. All in favor, motion carried. Councilman Romero moved to adjourn at 7:05 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Kates' . och, City Clerk 6 f PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: December 27, 2010 at 8:00 AM Case No. PCT22068PRO 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LEXIE BROCKWAY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS L & M, BLOCK 65, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TITLE, INC. 601 1 E. E. HOPKINS, ASPEN, CO. 81611 RECEIVED 970 -925 -1766 Phone/970- 925 -6527 Fax 877- 217 -3158 Toll Free JAN 0 4 2011 AUTHORIZED AGENT CITY OF ASPEN Countersigned: COMMUNITY DEVELOPMENT SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE RECEIVED JAN 0 4 2011 CITY OF ASPEN CITY DEVELOPMENT SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 92 and in Book 59 at Page 193 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded August 7, 2002 as Reception No. 470725 as Resolution No. 27 and recorded January 18, 2005 as Reception No. 506078 as Resolution No. 33, and recorded December 10, 2007 as Reception No. 544756 as Resolution No. 8. 9. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded October 15, 2007 as Reception No. 543094 and October 26, 2007 as Reception No. 543578. RECEIVED JAN 0 4 2011 CITY OF ASPEN COMMUNITY DEVELOPMEN1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 1, 2008 at 8:00 AM Case No. PCT22068L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LEXIE BROCKWAY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS L & M, BLOCK 65, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970- 925 -1766 Phone /970- 925 -6527 Fax unless the Insuring 877- 217 -3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: 1444bi • SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 92 and in Book 59 at Page 193 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded August 7, 2002 as Reception No. 470725 as Resolution No. 27 and recorded January 18, 2005 as Reception No. 506078 as Resolution No. 33, and recorded December 10, 2007 as Reception No. 544756 as Resolution No. 8. 9. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded October 15, 2007 as Reception No. 543094 and October 26, 2007 as Reception No. 543578. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970- 925 - 1766/970- 925 -6527 FAX TOLL FREE 877 - 217 -3158 WIRING INSTRUCTION S FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT22068L /PROFORMA r Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. � f Jennifer Phelan From: Jennifer Phelan Sent: Monday, December 13, 2010 11:24 AM To: 'Eben Clark' Subject: 110 E. Bleeker Street Hi Eben: I'm starting to look at dates for the vested rights case and will get back to you; however, I'll need a bit more with regard to the title of the property. As an attorney you can disclose ownership of the property....but you need to disclose all "mortgages, judgments, liens, easements, contacts and agreements affecting the parcel." Please clarify your ownership disclosure, at your earliest convenience. Thanks, jennifer Jevwu.fer Phelan AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1