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Landuse Case.CO.1012 E Cooper Ave.0061.2008.ASLU
c 1 4 V - 1 THE CITY OF ASPEN City of Aspen Community Development Department 2cbg CASE NUMBER 0061.200%8.ASLU PARCEL ID NUMBERS 273718232017,18,19,20 PROJECTS ADDRESS 1012 E. COOPER AVE PLANNER JEN PHELAN CASE DESCRIPTION MINOR CONDO AMENDMENT REPRESENTATIVE GARFILED & HETCHT DATE OF FINAL ACTION 12.22.11 CLOSED BY ANGELA SCOREY ON: 12.22.11 1 1)a l l t , C e 3 4 Z 3418232014 243 IS' Z32OI B', I Q 233i In3702.0, rl Permits File Edit Record Navigate Form Reports Format Tab Help ►X �j , J ► k.J J _I A ei �� V VJ J Jump 1 . 4 d 1(li A 21 ■ 3Q it Main) Custom Fields I Attachments) Follow•Up Notifications I Fees I Conditions I Actions I Fee Summary I Parcels I Sub Permits I Routing History I Routing Status I Yaluatic • Permit Type Iaslu jAspen Land Use Permit IS Address 11012 E COOPER AVE J Apt /Suite 11 -.5 City (ASPEN State 'CO J Zip 81611 J :7- Permit Information — Master Permit I J Routing Queue (aslu07 Applied 12/092008 J Project I = I Status (pending Approved � Description MINOR CONDO AMENDMENT AND UTILITY EASEMENT VACATION Issued r----LA Final 1----- J Submitted 'GARFIELD & HECHT 925 -1936 Dock Running Days 1 Expires 12(04/2009 J — Owner — Last Name INEDLIN MARNY 8 2.3 First Name I Phone r Owner Is Applicant? 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Cooper Street REPRESENTATIVE: Mike Hoffman / Nicole @ Garfield & Hecht Tel: 544.3442 and 947.1936 DESCRIPTION The Applicant would like to remodel /expand one or more of the existing condominium units located at 1012 E. Cooper Street. As part of the remodel /expansion(s), applicant wishes to amend the condo plat for vacation of a utility easement. As part of a similar application process in 2008 that was never completed, the applicant filed letters from all relevant utilities stating that the easement was no longer necessary, as the utilities were at some point installed and located on a different part of the property. As part of any future amended plat and easement vacation, the applicant will be required to establish a new easement for the area where utilities now exist. However, there are other complications with regard to amending this condo plat, related mostly to the delineation of a seven (7) space parking area as part of the final condo plat approved by City Council in 1978. It appears that this parking area was either never fully utilized as a delineated parking area or at some point in time the parking area was reduced approximately in half via the installation of a fence. (There is no building permit record for the fence, aside from the "replacement" of a chained link fence with a wooden fence in October 1991.) During a site visit in October 2009, staff observed that some portion of the parked cars appeared to be located in the alley right of way. A mobile Dumpster also appeared to be at least partially located in the alley right of way. The building permit record sheds some light on what has transpired at this site over the years. The City issued a building permit in 1998 for a 1,503 s.f. expansion of Unit #1 while apparently relying on the submission into the building permit record of a 1996 draft condo plat amendment with empty signature blocks, and which was never recorded with the Pitkin County Clerk and Recorder's Office. This 1996 draft condo plat showed only the parking area as it had been limited by the fence, and did not reflect the much larger parking area as delineated in the 1978 final condo plat. Further it appears that a building permit issued in 2002 and building permits issued in later years relied on the submission into the record of a 1978 draft condo plat with empty signature blocks, which did not include the parking area that was delineated in the 1978 final condo plat, as approved by City Council and signed by the Mayor and Clerk's Office. Various building permits since 1998 allowed for structures to be built in the parking area established in 1978, including a portion of one of the condominiums, a concrete patio and a concrete walkway. The size of the parking spaces that exist today, which are bordered by the fence and other improvements to the south, are substantially lower than the 8.5'X18' required in Section 26.515.020(A). In order to gain administrative approval for an amended condo plat, at least five (5) parking spaces would need to be shown according to the current calculations in Section 26.515.030, each reflecting the required dimensions for a parking space of 8.5'X18'. Applicant has requested information on other approaches that might authorize the existing parking area. One alternative approach would be to apply to the Board of Adjustments (BOA), requesting a variance from the dimensional requirements of an off- street parking space for this property, pursuant to Section 26.314.030(A). Another altemate approach would be to apply to the Planning and Zoning Commission, requesting a Special Review of Off- Street Parking Requirements pursuant to Section 26.430.030, with Special Review standards listed at Section 26.515.040(A). es- Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 9. An amended paper copy of the proposed plat that should include the information listed for Condominiumization under Code Section 26.480.090 (B). 10. Additional application material as required for each specific review. (See application packet and land use code) 11. 2 Copies of the complete application packet and maps. 12. 4 Copies of the paper plat. 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. ' )ham 1012 E. Cooper Street Building Permit File Summary 7/7/87 Building permit issued for 34 s.f. addition and remodel, for unit #5. 8/24/87 Building permit issued "converting 94 sq. ft. from GCE to space in Unit #5. Staff note under "other" — "must amend condo plat!" 10/10/91 Building permit issued to replace existing fence. Includes stamped boundary survey that does not show parking area from 1978 condo map. (Sydney Lincicome) 8/11/98 Building permit issued for 1,503 s.f. addition Unit #1. Amended declaration established s.f. expansions for each unit, authorizes Joe Nedlin (unit #1) to obtain amended condo map to rearrange limited and general common elements. Floor plans and elevations filed, references amended final plat by Aspen Survey Engineers dated 11/96. Amended condo plat (all signature blocks empty) filed with building permit application showing parking area where fence is located — this plat was never recorded with county, presumably never approved by Council. 5/22/02 Building Permit issued for Joe Nedlin for deck addition on 3 level south side. Written notes: "applic. Ok'd w/ S.O. (Sarah Oates) re: condo map." Condominium map of Cooper Ave Victorian Condos recvd by ComDev on 5/13/02; Owner's Certificate is dated Feb. 2, 1978, but no signature /date for "Clerk & Recorder's Acceptance." Condo map shows Lots M, N and 0, but does not show "Parking Area." Same condo map (blown up version) recvd by ComDev on 5/20/02. Actual Condo map (provided in 2008 application) shows the Owner's Certificate is signed on Feb. 2 — identical signature as condo map recvd by ComDev on 5/13/02, but this one is signed on 3/3/78 by Clerk & Recorder. This condo map shows the "parking area" and delineates seven parking spaces. Minutes ofP &Z and Council meetings in September and December 1977, along with staff memos, show that seven parking spaces were a condition of approval. Since this was a Final Plat approval, there was no ordinance or resolution passed, just approved conditions and Council signing of the final plat in February 1978. 5/3/04 Building permit issued (0021.2004.ARBU) w /SO check, Letter of Completion signed 12/3/04 for new elevator, remodeling, bathroom addition, roofdeck addition. Permit application checklist, provision of final plat etc box not checked. Floor plans provided. 6/15/04 Building permit issued for 597 s.f. addition to Unit #2, including concrete walk and patio, signed by Sara Oates. Certificate of Occupancy signed 3/24/05. Building permit application checklist recvd 3/22/04; "n/a" for traffic and parking management plan "red line" through box for copy of approvals including final plats (red marker appears to be staff review) Perhaps SO determined final plat not needed because (unsigned, inaccurate) plat already in permit file. "HOA approval letter" recvd by ComDev on 4/05/04, showing floor plans, signed by Joseph, Manly and Richard Nedlin. 6/17/04 Building permit approved to relocate existing wood fence to property line, add two 3' sections to complete. Zoning approved by Sara Oates. Includes photo of existing fence halfway back from property line. ( ? ?) 8/8/05 Building permit issued for Unit #2, living room addition of 30 s.f., remodel of guest bathroom and bedroom. Certificate of Occupancy signed 3/6/06 Floor plans show Unit #2 addition as now "existing." 1/31/06 Building permit (0013.2006.ARBU) issued 1/31/06, Letter of Completion issued 1/30/07 for internal remodel Unit #1. 8/25/08 Building Permit (0115.2008.ARGR) issued for Unit #5, adding 73 s.f. — "small addition by capturing unused space adjacent to unit." Certificate of Occupancy signed 3/24/09 Improvement Survey recvd 7/7/08 showing "gravel parking" area with a line presumably showing existing fence. gligist --,-..__ . X . t .ii a' �• • r ' ri r P 14, ar / 1fii; ► a • -41 asis 7 _. 1 - t R .. te _ ...., - y am . ,- ', it " '. _ I ~ ' - 1- - --+, t r4t 'r',Y, ,1 , 1 • , ' '' 41114 '.......""Thiv '' 'l ,s r . •- A - - e , i h r t I r fl FIN n i g' of Syd p $t i. ii E , _ne : n 0'' m ck • F 1. . ° � - - -' o — — — d. t yP =i 8 p, ... ....., I: 4 111 d}4 s4 z its st c n . s a : ; m o a r 1 z ;s x - s ; i ° 4;G RZ / I - !Pi ' sasdes e s ;9 s ~ ° / 9\ elk — d t= R . — G. !t:d s z s °FR E ° s m v ?f 1 � S� Ks f ss : _ . y 8 p z i 1 ° m # °. d ° a!° n D d 11 , 0 — 7i •4 z 77 1 1 dx s C 1E Z s rs a 4 4`FSe cE s -.. g it I a P — f' ' O psi R1 O t X T S. < = t: i 'di m I ° �: F 7 J a ' _o- a e °9 M T' t A ' YP Ac tn i s O ,, �- ` ° ° m C) x i s ro 4 6v 4$ss s e4 m ' y„ > � • A � . - i f;. 19 t 0 ; 0f ` ° 14 , - I i d is 's a I; 2 ; R I r ` I R !- p E :; D I ' f j e n 2 �m 7 I' I c R' 1 ' 1 ! 1 .R 1 'h e 1 1 - 5. 8 gu q s r® k i% . _ =lY y y 'ry t — ® � r. a \_1 is on - a 1 - ['. hh ... r 7 T Q W , r- .— ? D TT! _ a ir R G In .T. °w_ W ames N C O O A 9 �' 0 J ' 111 . • • • April 11, 2000 • S • • Curtis Sanders , ASP • Pr1xw Krabacher Law Offices, Cowman' Deviuntivr DWPAKNENT • 20141. Mill St., Suite 201 Aspen, CO 81611 Dear Mr. Sanders, I am writing to portray to • you the • City of Aspen Community Development Department's position regarding the amendment to the Cooper Avenue Victorian Condominium Plat that was submitted to us on February' 4, 2000. We will not approve the condominium plat amendment until one of two actions occur. • We will • approve the Condominium Plat Amendment if you either obtain an encroachment ' license from the City of Aspen .Engineering Department to maintain the fence in the platted parking spaces or move /remove the fence. Unless extenuating circumstances exist, the City Engineering Department is not likely to grant an encroachment license , for the public to park in the alley. The other option is to move /remove the fence so that the platted parking spaces meet the City of Aspen Land Use Code requirements ' . for the size of•platted parking spaces, The required size for a platted parking space is outlined in section 26.515.020 of the City of Aspen Land Use Code and states that each off - street parking space shall consist of an open area measuring eight and one - half feet wide by eighteen feet long. A fence permit was granted but not for that section of fence and not for a fence that was constructed in the platted parking spaces. The fence permit application shows nothing in the platted parking spaces at•. the northern portion of the property. Any reconstruction of a fence also requires a • 'building permit. If you have any questions please give me a call at 920 -5104. Sincerely, James Lindt • City of Aspen Planning Technician • • • • • 130 Sours GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Printed on Reryekd Paper >.: >� ^>•h•,+ .e nwkw.+c.<ti. r .. ....�;..a' .�3ais"sTiu.n *:.wta'rvk3u��'i+.: '—•. • 1 y , Regular Meeting Aspen Cit/ Council December 12, 1977 i i felt the City has to determine to spend money Le do some hcn< o this. - -Ti s are (1) ban all cars from the core arca, (2) clean up after each rtorn maybe 11 tion � 1 shovelling problem, (3) not put cinders on the street except Mail strnet, and (4) use . molt-away that does not hurt the pavement. 9ho City cannot let this go any longer. The City has got to make a good impression. Everyone on Council agreed this is n problem. 6. Councilwoman Johnston said she did not LI.i.nk. the City was Christmas -y enough. At night, ono noe 1 thi ng, cot see the banners. that' are hung under the lights,. 'Thin may be an perhaps all that is needed is something that reflects. Council. woman Johnston said she felt the City needed to do e' /Attic Lit more. Mahoney told Council that the City had evergre.'en garlands for the front of City'hal.l, and the City will put sparkle. lights up in Paepcke Park. Last year the lights got too van<lalizod in the mall. 7. Councilman Van Ness coimnented he was gland that liquor licenses were not restricted. LIQUOR LICENSE RENEWALS Tom Dunlop, Sanitarian, recommended conditional approval on Derkely /Aspen, home Plate, Hotel Jerome, Shaft, Mother Lodge, Paragon, and Plum Thee inn. Councilman Behrendt pointed out that the Council was attempting to attach conditions of use change to approval of transfers of liquor_ licenses and asked of the renewals could be conditioned so. City Attorney Nuttall said she would be uncomforable with this legally, although it is not impossible. Mayor Standley said the Council should ask Dunlop, when he is goi.nq around doing inspections, to give Council a list of existing uses and then these can be checked. Councilman Wishart moved to approve the renewals' for tittle Nell's Wienerstube, Uncle Willy's, Guido's, Pablo's, Copper Kettle, Eagle's Carl's Pharmacy, Pinocchio's, Golden Barrel, Golden Horm, Johnson's Temptations, Andres, and Captain's Anchorage without condition; seconded by Councilwoman Johnston. Councilman Hershey eliminated himself from voting on Johnson's as they are a client. All in favor, motion carried. Councilman Parry moved to approve the renewals for Derkely /Aspen, home Plate, Rotel Jerome, Mother Lodge, Paragon, Plum Tree Inn, conditioned upon approval of satisfactorily completing the health inspection; seconded by Councilman Van Ness. All in favor, motion carried. • REQUEST TO EXPAND PREMISES - Andre's Mayor Standley pointed out to the Council that this has been extended for at least one year. Councilman Parry moved to approve the 18 -E for Andre's :seconded by Councilman Hershey. All in favor, motion carried. . SCULPTURE AT JEROME GALLERY City Attorney Nuttall told Council she would write a letter of encroachment with the three standard requests, for indemnification, insurance, and remove at the City's request. Councilman Behrendt moved to approve putting sculpture on the Mill street side of the Hotel Jerome with the standard three conditions; seconded by Councilman Parry. All in favor, motion carried. APPOINTMENTS TO BOARDS AND COMMISSIONS 11PC and Board of Appeals Council asked Ms. Nuttall what the status of the building permit by Gaard Moses was. Ms. Nuttall answered that this is not resolved at this point. Ms. Nuttall said she anticipated the City will have to file a law suit; the City and Moses will be adversaries. Mayor Standley opened the floor to nominations. Councilman Hershey moved to nominate Susan Hoban to the Board of Appeals and Examiners; seconded by Councilman Behrendt. All in favor, motion carried. Councilwoman Johnston moved to appoint Jon Seigle to the IIPC as a full member; seconded by Councilman Wishart. All in favor, motion carried. Councilman Parry moved to appoint Gaard Moses to the IIPC; seconded by Councilman Hershey. Councilwoman Johnston stated that if there is someone who is under investigation for an .' illegal thing in the City, she believes that the City has the obligation to keep the Boards at the best caliber that can be found. It is not fair to the citizens to have ( someone on a Board who is not following the City's code. Councilman Wishart said the . point is well taken, but that is presuming Moses is guilty. The Council can remove Moses if he is found guilty. All in favor, with the exception of Councilmombers Johnston i and Behrendt. Motion carried. )(FINAL SUBDIVISION AFFROVAi. - Cooper Avenue Ms. Smith,' planning office, told Council this is the final plat for the Cooper Avenue G apartments, located on East Cooper near the Roaring Fork river on the north side of the street This is an existing Victorian building with 4 two- bedroom and one studio units. The P 62 approved the preliminary plat and attached several conditions, most of which were technical engineering mat tern. The engi nnevi ne deportment reviewed the survey and } these have been tak_n care of with the exception of the condition of 8 parking upaces located in the rep of the building. Ms. Smith pointed out that it is not possible to a get this. City lnlineer Ellis recommends that this be dropped to 7, feeling that the it extra parking space mania encroach in'the side yard or alley. k 4 { 1 ^., eqular Meeting Aspen City Council - December 12, 1977 s. Smith told Council that the sub division improvement agreement looked frnc with the xception of a request to insert joining n special improvement district, aspect. o)3y for (reefs curbs and gutters. lhe planning office Is requesting lhn 90 day tight of first : ,f use) he incorporated as should the cond)tion of six month sdni mum lease I1.;. Smith nformcd the Council that the subdivision agreement. did include n provision that the uturo owners will agree to join any di. stn ict established for undergrounding of utilities. .^.. ,,math pointed out that with respect to condnmintund zatioa policy, which is up for ublic hearing later,'th is application will comply as three oat of the five existing omits have ayreod to purchase the units.' ayor Standley asked about the purchase price. Gideon Raufman, representing the Schiffs, old Council ha provided the price to show that this complied with Condomini. umization ell cy. There are only three units being offered for sale; all three are being purchased • or 560,000 plus .20 per cent of the price of condomi. niumization. The Schiffs will retain no unit to live in themselves. The other is a small studio. euncilman Behrendt moved to approve the final subdivision subject to the two conditions equcstcd by Inc planning department and the compliance with the condominiuntjzation policy, fight of first refusal and six month lease minimum; seconded by Councilman Wishart. All n favor, motion carried.. • • HANSI9iR 0P LIQUOR LICENSE - Aspen Inn Club arry Edwards, representing Daniel Wardwell, told Council that he and the City Clerk had can over the tapes of the January 10, February 14 and 28 Council meetings with regards e this transfer. At the January 10 meting it was moved to approve the renewal and the 24 -A transferring the stock to Wardwe).1. Then City Attorney Steller asked that i.t be necked out that the 404 -A was appropriate. At this point, the 404 -A got shelved and tithing happened. • Iuncilman Parry moved to approve the stock transfer of the Aspen Inn Club to Daniel )rdwell; seconded by Councilman Van Bess. nyor Standlcy asked if the kitchen had been taken care of. Edwards answered that before fie Inn Club opens, prior to January 18 when the license expires, they will install a itchen to become operative and to include the approval from Dotson and Tom Dunlop. (1 in favor, motion carried. le LEASE . :t Daily, representing the Pub, told Council their lease expires April 30, 1978, and the ;b would like to have an extension. The Pub, as a' business, has to plan ahead at least le season. City Manager Mahoney told Council he had discussed this, and until the City lows what the Wheeler Opera House is going to do, the staff would recommend a six month case with six month renewal option. Daily pointed out that the Pub would like to extend le lease as long as possible. The City is not certain when they will accomplish the modelling. The Pub would like a minimum year's extension. The Swages lease on the /stairs does not expire until. 1981. Finance Director Butterbaugh told Council the Pub is paying $625 per month. This was reviewed last year and is competitive for basement Ni00. ihoney Stated Inc l City would like to maintain all their options. Mayor Standley said le policy decision was to have all the leases expire at the same time and then have them i a month to month basis. Mayor Standley said something may happen as early as January Councilman Wishart said he had no problem with a year extension, that nothing will dppen in the next year. Councilman Wishart pointed out that the Pub needed this security businessmen. Mayon Standley said the City needed to have total planning flexibility on they need it. The Council should let. the Pub lease through December 31, 1978 with e City option to renew assuming the City doesn't have anything going. The Pub will have or 6 months lead time to know what the City is planning to do. uncilman Hershey moved to renew the Pub's lease to the first of the year 1979 with an tion ton reneweperiod not to exceed six months, option to be of the City; seconded by uncilnan Van Ness said he felt some sort of notice is required in the lease. Councilman rshey suggested a 60 day notice.. Councilman Van Ness pointed out that this space cannot compared with other commercial spaces in town because of the condition it is in. 1 in favor, motion carried. ) . DINANCE 453, SERIES OF 1.977 - Condominiumization Policy yor Standley opened the public hearing. Gideon Kaufman told Council he had spent many nths going over this whole idea and had some suggestions. Kaufman stated this would ve tenants an opportunity not contemplated in the contract; when their tenancy is up, .y should no longer have the right of first refusal. Planner Kane said he would leave ordinance the way it is. Kaufman asked then to odd to Sec. 20 -22(a) "non - assignable" ( :ion to purchase. Council agreed with this. Kaufman brought up (c)(3) tenants are , )vided at least 180 days to locate other housing. Mayor Staridley answered this was in ordinance so that people won't be out of housing in the middle of the season. / fman pointed out (b) that all units are restricted to six month minimum leases. The 'ration for this was fur low and moderate income housing... Kaufman said some very meivo duple. es are geared to short term rentals, and he would like provisions to get 4.. urd this clause, if possible. Mayor Standley said his attitude the more units that can GARFIELD & HECHT P.C ASPEN OFFICE ATTORNEYS AT LAW AVON OFFICE 601 EAST HYMAN AVENUE AVON TOWN SQUARE, UNIT 104 ASPEN, COLORADO 81611 Seta 19)5 0070 BENCHMARK ROAD TELEPHONE (970) 925 -1936 POST OFFICE Box 5450 FACSIMILE (970) 9204433 Website: www.garfeldhechtcom AVON, COLORADO 81620 TELEPHONE (970) 949 -0707 GLENWOOD SPRINGS OFFICE FACSIMILE (970) 949 -1810 THE DENVER CENTRE 420 SEVENTH STREET, STE. 100 BASALT OFFICE GLENWOOD SPRINGS, COLORADO 81601 RIVER VIEW PLAZA TELEPHONE (970) 947 -1936 100 ELK RUN DR., SUITE 220 FACSIMILE (970) 947 -1937 BASALT, COLORADO 81621 TELEPHONE: (970) 927 -1936 FACSIMILE: (970) 927 -1939 December 8, 2008 Errin Evans, Planner Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Re. Description of Proposal, Cooper Avenue Victorian Condominiums Minor Condominium Plat Amendment and Utility Easement Vacation Dear Errin: This letter and its attachments constitute the application of Cooper Avenue Victorian Condominiums Association, Inc., for a Minor Condominium Plat Amendment and Utility Easement Vacation. The Applicant desires to amend the Condominium Map to reflect the redesignations of certain limited common elements, the 1999 expansion of Unit 1, the pending expansions for Unit 1, and the vacation of the Utility Easement. The Cooper Avenue Victorian Condominiums (the "Project ") were created in 1978. The only map of record for the Project was recorded on March 3, 1978, in Plat Book 6, Page 88 and Reception No. 202285. In 1999, the then -Owner of Unit 1, Manly Nedlin, expanded Unit 1 to its current dimensions. Accordingly, the First Amendment to the Declaration was recorded at the same time approving such expansion. A Second Amendment to the Declaration was recently executed to redesignate certain General Common Elements as Limited Common Elements ( "LCEs ") and to approve vacation of an unused, platted "electric, communication, and utility easement" which exists in the NW corner of the Property ( "Utility Easement"). All utility providers in the area have consented to the elimination of the utility easement. In addition, the current Owner of Units 1 and 5, Joe and Mamy Nedlin, recently submitted and received two building permits from the City of Aspen, Nos. 0104.2008 ARGR (affecting Unit 1) and Errin Evans, Planner December 8, 2008 Page 2 0115.2008.ARGR (affecting Unit 5), approving their proposed expansions. Such expansions will affect the unused Utility Easement for which vacation is requested. Land Use Code Sections 26.304, 26.480.090.B, and 26.470.040(3) apply to this Application. The Applicant has complied with each of these sections as follows. • Section 26.304, Community Development Review Procedures. Applicant complies via submission of this application packet which contains all of the information contained in the Pre- Application Conference Summary Sheet, prepared by you, as well as this Section 26.304. • Subsection 26.480.090.B, Condominiumi7atiion. While subsections 26.480.090.B(3) and (4) do not apply to this Application, Applicant has complied with Subsection 26.480.090.B(1) with the attached Application and proposed Amended Condominium Map. Upon review and approval by the City, the Applicant will promptly record the Amended Condominium Map, as required in 26.480.090.B(2). • Subsection 26.470.040, Exempt Development. This application is exempt from the City's growth management system because it consists of an expansion of an existing multi- family residential development. Thank you in advance for consideration of the Applicant's application for a Minor Condominium Plat Amendment and Utility Easement Vacation. Please do not hesitate to call me or my associate, Christina Sloan, at 970.309.2995, with questions. Sincerely, E. Michael Hoffman cc: James Harris Cooper Avenue Victorian Condominiums Homeowners Association, Inc. FROM :NEDLIN ' " FAX NO. :2127324150 , Dec. 08 2008 06:42PM P1 COOPER AVENUE VICTORIAN CONDOMINIUMS ASSOCIATION, INC. do Fries Properties Of Aspen, LLC Attn: Paddy Allen, Property Manager 730 East Durant Avenue Aspen, Colorado 81611 December 8, 2008 Errin Evans Plainer, Community Development City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Evans, On behalf of the Cooper Avenue Victorian Condominiums Association, Inc. (the "Association"), please accept the enclosed Application for a Minor Condominium Plat Amendment and Utility Easement Vacation. Please note that the legal address for the Association is: c/o Frias Properties Of Aspen, LLC, 730 East Durant Avenue, Aspen, CO 81611, United States. You may contact me, as President of the Association, with questions at (970) 544 -6713. The Association's representative in this matter is ow attorney, Michael Hoffman, Esq., Garfield & Hecht, P 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at 970.544.3442. Sincerely, COO -- ' • VICTORIAN CONDOMINIUMS ASSOCIATION, INC. • Joe Nedlin President • CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Enin Evans, 429 -2745 DATE: 9.04.2008 PROJECT: 1012 E. Cooper Street REPRESENTATIVE: James Hams and Christine Sloan Tel: 945.0400 and 309.2995 DESCRIPTION The Applicant would like to remodel some of the existing condominium units located at 1012 E. Cooper Street. The applicant is only required to amend the condominium plat if they intend to change ownership of any of the units. Since the applicant wishes to amend the plat for a vacation of utility easement, it is efficient to make the condominium amendments at the same time. There is a utility easement on the property that appears to remain unused for various utilities. The applicant will be required to demonstrate that all the appropriate utility agencies give permission to the applicant to vacate the easement. As long as no demolition occurs, the remodeling or expansions of existing multi- family developments are exempt from Growth Management Mitigation. See Section 26.104.100 for the definition of demolition. Impact fees may still apply for Building Permits depending on the extent of the remodels. The property is zoned Residential Multi- Family (RIMF) and according to the information provided by James Harris, contains approximately 6,621 square feet and 5 residential units. Under the current zone district requirements, the allowable floor area ratio is 1.25:1 or 8276.25 square feet. If the remodeling affects floor area, the applicant is not permitted to exceed the maximum floor area allowed. All other Land Use Code requirements must be adhered to and will be reviewed when the application is submitted. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090.B Condominium Plat Amendment 26.470.040 Growth Management Quota System — Exempt Development http: lMrww. aspenpitkin .comldepts /38 /citvcode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director for final determination on Amendment Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235/hour) plus $212 for Minor Engineering Department referral. Total Deposit: $947 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. The contract of Purchase and Sale will be adequate proof of right to apply. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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. 6. An 8 1/2" by 11° vicinity map locating the parcel within the City of Aspen. 7. A site plan of the subject units and the proposed floor plan if it is available. This site plan should include calculations of floor area of each unit. 8. 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. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 9. An amended paper copy of the proposed plat that should include the information listed for Condominiumization under Code Section 26.480.090 (B). 10. Additional application material as required for each specific review. (See application packet and land use code) 11. 2 Copies of the complete application packet and maps. 12. 4 Copies of the paper plat. 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. /1 Source Gas May 29, 2008 Mike Hoffman, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 RE: 1012 Cooper Avenue Plat - Final Plat The Cooper Avenue Victorian Condominiums located in the Easterly 20 feet of Lot M, Lot N and the Westerly 20 feet of Lot O, Block 34, East Aspen Townsite, Pitkin County, Colorado Dear Mr. Hoffman: This letter shall serve as confirmation that we have no natural gas distribution pipelines in the existing utility easements located on the above- mentioned property, 1012 Cooper Avenue Plat - Final Plat The Cooper Avenue Victorian Condominiums located in the Easterly 20 feet of Lot M, Lot N and the Westerly 20 feet of Lot 0, Block 34, East Aspen Townsite, Pitkin County, Colorado. Further we have on objection to the requested easement vacation. Should you need any further assistance in this matter please contact me in Denver at 303 - 243 -3578. So as Di t 'tnL Tno A S pr.ent, Land & Right -of -Way Comcast Comcest Cable Communications. Inc. July 14, 2008 Mike Hoffman, Esq. Garfield & Hecht, P.C. 601 E. Hyman Ave. Aspen, Co 81611 RE: Grant to Vacate Easement. Dear Mr. Hoffman: This letter serves as confirmation that no Comcast facilities exist in the 9.0' x 9.0' and 9.0' x 22.0' easement located on the Northwest corner of the Cooper Avenue Victorian Condominiums. In the event any Comcast facilities are found during excavation Comcast shall retain full legal rights under the original agreement. Please contact me with any questions or concems at 970- 205 -5432 Smce ely, , Michael Jo on Sr. Construction Professional Comcast Corporation a- 42 Qwest. Spirit of Service° Office (970) 350.2922 MOW Pager (970) 350 -1121 Paedmik (970) 350 -2883 12680 Weld Cowley Road 58, Greeley, CO 80634 May 28, 2008 Mike Hoffman, Esq. Garfield & Hecht, P.C. 601 E. Hyman Ave. Aspen, CO 81611 RE: Grant to vacate easement. Dear Mike: Reference is made for Qwest Corporation (F.K.A. US WEST Communications) to allow for the vacation of the 9.0' x 9.0' and the 9.0' x 22.0' electric, connumication & utility easements located at the Northwest corner of the Cooper Aveneue Victorian Condominiums. Qwest has no conflict with the vacation of the above mentioned easments. In the event any Qwest facilities is found in that portion of the encroachment or vacation then Qwest Corporation hereby excludes from this agreement any part, portion or parcel of said right - of-way which contains any facilities or cable as of the date of the document or as may be found in the future to have been present on or before the date here on. In the event, Qwest Corporation, it's successors or agents retain full legal rights as granted in the original agreement. Additionally, resposibility for detemtination of said facilities prior to construction or excavation remains the sole responsibility of the property owner of record or his agenet at that time. Please feel free to call me if you have any questions. Sincerely, Don Somer R/W Manager Qwest Corporation 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET le TILE Cm or ASKS 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 for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications 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.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage 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. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. ASPEN COMMUNITY DEVELOPMENT 2007 LAND USE APPLICATION FEES CATEGORY HOL S DEPOSIT FLAT FEE Major 12 2,820.00 Minor 6 1,410.00 Staff Approvals 3 705.00 Flat Fee 560.00 Board of Adjustment 265.00 Appeals of adverse board and administration 3 705.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 235.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC <1000 sq. ft. 6 1,4100.00 Significant HPC >1000 sq. ft. 12 2,820.00 Demolition, Partial Demolition, Relocation 2,820.00 Insubstantial Amendment to an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 40.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 705.00 Referral Fees - Environmental Health Major 391.00 Referral Fees - Housing Major 391.00 Minor 204.00 Referral Fees - City Engineer Major 391.00 Minor 204.00 Hourly Rate 235.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT QTY Of ASPEN ( CITY) mid The Cooper Avenue Victirian Co4dataistiva Association, INC APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY stn eppfaaden for Minor rt .. (baeinafte, THE PROJECT). 2. APPLICANT undaatnade and specs Wet City of Aspen Online* No. 57 (Sees of 2000) era ablisiset s he structure for Land Use spplicadoos and the payment of all procc sing fees is a condition precedent to determination of application completaneas. 3. APPLICANT and aTY agree that because of the size, natae or scope tit proposed project, it is not possible et tea time to ascertain the fell edam of the cads involved a praunring the epplialiat APPLICANT and CITY Raffia agree that it is in the interest of the parties the APPLICANT mike payment of en Mil deposit and to thereafter pamit eddhIoMl caste to bo billed In APPLICANT on a monthly basis. APPLICANT epees additional sash may scan allowing their hearings aodlor apparels. APPLICANT agrees he will be benefited by retaining grata cash liquidity and will amke additional psymeota upon notification by the CITY when they ere ne aney as oasts are incurred. CITY agrees it will be beaefhed through the greeter certainty afmoovermg ib foil cats to process APPLICANTS celestite, 4. CITY and APPLICANT further agree the it is imps cdcable for CITY staff to complete 03111111651011 andlor City Council to foot the Penning processing or proses sufficient infonnation to the C ioaa CSty Co w meta legally requited findings pr./Sect consideration. mien current billuags ave ped in till priato decision. 5. Thaeibre, APPLICANT agrees that in consideration of the CITY's waiver of ib tight to collect full fres prior to a determinate of application compksaie s, APPLICANT shell pay en initial deposit in the amount of 5 which is fcr _ horse of Community Development staff tine, and if ached recorded costs exceed the initial deposit, APPLICANT shell pay additional monthly bilfasgs to CITY to remains the CITY for the processing of the applicata mentioned above, i neh4iag pod approval review at a rate of 5235 00 per planner has ova Ike initial deposit Such pain& pone shall he made witn 30 days of the billing date. APPLICANT Sher agrees that Wee to pay mob atonal costa dull be grounds for suspension of peacmi m and in no are will buitdng permits be issued tSII all cab assaertd who cax pressing hove bean yid. CITY OF ASPEN APPLICANT W` Chris Sodom DffiTo Mollies AAdrass and Teleplay* Moats: ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: The Cooper Avenue Victorian Condominium Association, INC. Location: 1012 East Cooper Ave. Units 1 -5, Cooper Avenue Victorians S( Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273 274/18232017, 2737182018, 2737182019, 2737182020, 273718232802 REPRESENTATIVE: Name: Garfield & Hecht, P.C. Address: 601 East Hyman Ave, Aspen CO 81611 Phone #: (970) 925 - 1936 PROJECT: Name: Minor Condominium Amendment and utili Fa Bement Vararinn 1012 East Cooper Ave, units 1 - 5, Cooper Avenue Victorians Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ® Other: Htiltty Easement aca ion ❑ Lot Line Adjustment - q] Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Tlie Cooper Avenue Victorian CondominiumsAwere built in 1978. In7 the First Ameniment to the Declaration was recorded to allow the Owner of Unit 1 to expand her unit(cont) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) An Amended Condominium Map is now needed to reflect the redesignations of the LCE's ani record the new boundaries of certian expanded units. In addition, the Application seeks Have you attached the following? FEES DUE: $ ❑ 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 All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. s v✓ Existing Conditions Continued Second Amendment to the Declaration was recently executed to redesignate certain General Common Elements as Limited Common Elements (LCE's). An unused, platted "electric, communication and utility easement" exists in the NW comer of the property. Proposal Continued to vacate the utility easement to allow for future parking and expansion. 1 J - v ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Easement Vacation and minor condominium amendment Applicant: Cooper Avenue Victorians Location: 1017 East Cooper Zone District: R/MF Lot Size: 6,621 SF Lot Area: 6,342 SF (279 SF Exempt Easement) (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed :: N/A Number of residential units: Existing: 5 Proposed. N/A Number of bedrooms: Existing: 10 Proposed: N/A Proposed % of demolition (Historic properties only):N /A DIMENSIONS: 150.5 SF Permit # /0104.200A.ARGR Floor Area: Existing: 5.239.95 Allowable: 8,276.25 Proposed: 224.50 -. 74 SF Permit # Principal bldg. height: Existing: 35' Allowable: 32' Proposed: N/A 0115.200A.ARGR Access. bldg. height: Existing: N/A Allowable: N/A Proposed: N/A On -Site parking: Existing: 7 Required: 5 Proposed: N/A % Site coverage: Existing: N/A Required: N/A Proposed: N/A % Open Space: Existing: N/A Required: N/A Proposed: N/A Front Setback: Existing: 10' -6" Required: 5' -0" Proposed: N/A Rear Setback: Existing: 18' -S" Required: 5' -0" Proposed: N/A Combined F/R: Existing: 29' -2" Required :: 10 -0" Proposed: N/A Side Setback: Existing: 7' -3" Required: 5' -0" Proposed: N/A Side Setback: Existing: 6' -1" Required: 5-0" Proposed: N/A Combined Sides: Existing: 13'-4" Required: 10' -0" Proposed: N/A Distance Between Existing: N/A Required: N/A Proposed: N/A Buildings Existing non - conformities or encroachments: Unit #1 stairs encroach west setback 7 ". Unit #2 encroaches East setback 2' -9" as a result of property line change with neighbor Variations requested: Ana:. ;PI '+'C3, ie^t ``F3 " )7tl :)45 6400 C 0 L M h. w 2 d N d 0 u E N N N oA a 0 a oif 03 04 c 0 c O rn N. P. 0. P. U ?. O Po 0 1. ' m y itl 0 o F Y 2 s° 0 N 0 a w P PS h. « ❑ a ° d o dU N• c4 o 9 we b t 'a � o �� d o d d0 I. Z 0. Et 4 e e `oN ` o u o W k? Z. 0. N N N N N N N N N N N N N N N N N .0 N NUJ N w O 'O al y 0 q U W U 0 4 3 u v ag U U w E E IX o O d „ ma y � y 4 O N N U $ z U qqZ Z y C4 F ai U U U U p 6 V O• Pm 0 a Foac' N U z, U NQ t p 6 W U P" d c E y° qqp It g� a' °4 qq Q z�r, Q U C u v d' N e Q P+ d U W yo F g- 7 ❑ 174 a. a 0. o • r Ta.. Z m a g n `0 d 0 . e M c 41 LL. E uU' a "y x G • E o � V7 Vi a -MM N 3 a 9 K A P en M . .- j S. I « O ga ti a'N N M aE lei Q G $ . i ti M In M (1)°' m C C m M w' w In N N N N ° a �i ,.N N a a Vl M o N . . ° e2 p; p� n ° M r. T v m 0 0 0 0 O .. . ti l-- j 0 .r IN N N 00 , N H . En t 7 d . .r ti en in .-1 y 000 00 N N `.p . ` N 1n C 7 V> ' 00 W 00 GE .-.1 ..y O. Q 2 ,-1 .-1 N N N .w err < a .� M M Z y b a m e M r r • W E o a „ rr " � rr � � � e r � r r a 1 1 1 1 _ .. 1 2 E a d�.-. .,.. V o'v a- z z3 A F❑ 3 3 p p 4J 4 c z D o 3 q a Q 6. R [� �* � O N z 0. W D z p 2 X L4J E J I ! I O W a e W 2 a C4 d C7 ra a 0 44 E C 1 a A Z 2 c.4 c s p a X w a U 3 0 g © 8 © rn a. co a go u H F . . / U 0 k \ U / 4 2 J / o ��� k } \ . 1- k a2 = § ] ; a0osa 7 7 0 ,Na E ;4 e1. 2 \ ; o, } § / u u » § \ ) a. &muu( kk4\km fl \ - \ ) § & a .0 $k3 . 1. 0 0 0 0 0 0 k\ () - - -- )�� - - . ) / ( En a 2 ) $ ; f I ) - § � / V ; 1 ) $ &b § = } \ ) a � 2 / a \ ]\\ \ j � 7 2 ®¥ g) E 0 \ A z § §a z 2 / . ..., 3 ATTACHMENT 4- CONT'D- SUBMITTAL KEY 1. Land Use Application with 12. Accurate elevations On relation to system in the area of the proposed Applicant's name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3)20. of the applicant. which any structure is constructed; a Subdivision GIS Data demonstration that all new construction or 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration 3. A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the parcel on which development is proposed floor, including basement, elevated to at terra of this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for lt attorney licensed to practice in the State of professional engineer or architect the tots nor will ll a cable units s be bui lt Colorado, listing the names of all owners of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. 3 Th The precise wooing of any for the Development Application. All vegetative screening shall be 2 enprecnt maintained in perpetuity and shall be proposed 4. An 8 112" x 11" vicinity map locating replaced with the same or comparable 24. Site Plan or plans drawn to a scale of Aspen. the subject parcel within the City of material should it die. one (1 ') inch equals ten (10') feet or one A 14. Site sections drawn by a registered (1 ") inch equals twenty (20') feet, 5. A site improvement survey including architect, landscape architect, or including before and "after' photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land surveyor, licensed in the top of slope, and pertinent elevations access, and/or o erigccessory uses, ns, State of Colorado. (This requirement, or above sea level. access pa areas and all adjacent land any part thereof, may be waived by the uses within one-hundred fifty (150') feet. Community D v er ent warran is 1 15. Proposed elevations the the project t is determined ed no[ t to to warrant a development, nt, incicluding ng any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate to cous pliance with the Review 6. A site plan depicting the proposed 16. Proposed elevations of the 25. FAA and FCC Coordination. layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. Ste 1e Fen tssalrega Aviation g the Administration ons of surroundings. FAA) and the Federal Communications 17. A sketch plan of the site showing ( 7. A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. 26. Structural Integrity Report frame how a proposed development complies with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8. Plan with Ex and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two -foot contours, with five -foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations of the development properties are located analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 1 n and an wigh water 1 l rte. floodplain be (100) feet or larger. Architectural Department) il Grap hi cally City show the thefront line and the high water line. scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show luminous houses immediately adjacent to the location, height, type and subject parcel are one story (only one intensity the of each above grade fixture. site illumination measured living ng l level). in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that demonstrate technique, specification, and/ elevations blo including lu all in g buildings t both in sides of t. the block including present condition of or light level if they exist the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty -six (36) inches with an unencumbered margin of one and one-half (1 12) inches on the left hand side of the sheet and a one -half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off - street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. at ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre - application conference. During this one -on -one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre - application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. 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 public hearing. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) (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. 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 Tess 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 , 200, 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) 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 _ day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE COOPER AVENUE VICTORIAN CONDOMINIUMS This Second Amendment to the Condominium Declaration for the Cooper Avenue Victorian Condominiums ( "Second Amendment ") is hereby adopted on this _ day of 2008, by the undersigned Owners and Mortgagees, for the purposes recited herein. RECITALS A. The Final Plat for, and the Condominium Map of, the Cooper Avenue Victorian Condominiums were recorded in the real property records of Pitkin County on March 3, 1978 in Plat Book 6, Page 87 at Reception No. 202284 and Plat Book 6, Page 88 at Reception No. 202285, respectively; and B. The Condominium Declaration for the Cooper Avenue Victorian Condominiums (the "Original Declaration ") was recorded on March 3, 1978 in the real property records of Pitkin County at Reception No. 202283; and C. The First Amendment to the Original Declaration ( "First Amendment ") was recorded on November 5, 1999 in the real property records of Pitkin County at Reception No. 437410 (hereinafter, the Final Plat, Condominium Map, Original Declaration, and First Amendment shall be referred to as the "Governing Documents "); and D. The Governing Documents contain certain limitations and designations of General Common Elements that should be amended to more properly reflect use and control; and E. The Governing Documents contain an unused "electric, communication, and utility easement" in the NW corner of the Property that limits future parking and expansion of Unit 1; and F. All of the Owners and the Mortgagees recognize that re- designation of certain General Common Elements as Limited Common Elements and the vacation of the "electric, communication, and utility easement" increases the value of each of the Units and promotes harmony among the Owners; and G. Simultaneously herewith, the Owners shall cause to be recorded a First Amended Condominium Map ( "Amended Map ") for the Cooper Avenue Victorian Condominiums on , 2008, which shall memorialize the redesignation of certain Limited Common Elements, as described herein, as well as reflect recent or proposed expansions to Units 1, 4, and 5 and vacated an unused "electric, communication, and utility easement" in the NW corner of the Property. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Owners and Mortgagees do hereby declare and acknowledge that the Governing Documents shall be revised, amended, and modified as follows: 3 1. Second Amendment Controls. The provisions of this Second Amendment shall supersede and take precedence over any part, or parts, of the Governing Documents which are in conflict with the terms found herein. 2. Defined Terms. Any terms found in this Second Amendment, but which are not defined herein, shall have the definition found in the Governing Documents. 3. Recitals Correct. All of the statements of fact set forth above as the Recitals are true and correct. 4. Incorporation of Amended Map. The Final Plat and Condominium Map are hereby fully replaced and superseded by the Amended Map, a copy of which is attached hereto as Exhibit A, which memorializes the redesignation of certain Limited Common Elements, as described herein; reflects recent or proposed expansions to Units 1, 4, and 5; and vacates an unused "electric, communication, and utility easement" in the NW corner of the Property. The Final Plat and Condominium Map shall be of no further force and effect. 5. Addition of Subsections 4(a), (b), and (c). Section 4 of the Original Declaration, Limited Common Elements, is hereby revised to include the following additional Subsections: 4(a). Patios. Specifically, all outdoor patios, decks, and porches associated with or appurtenant to an individual Unit shall be a Limited Common Element to be exclusively used by the Owner of the Unit to which it is assigned on the First Amended Condominium Map, to be recorded in the real property records of Pitkin County simultaneously herewith. 4(b). Elevator. Similarly, the elevator shall be a Limited Common Element to be exclusively used by the Owner(s) of Units 4 and 5, as shown on the First Amended Condominium Map, to be recorded in the real property records of Pitkin County simultaneously herewith. 4(c). Stairways. Stairways or walkways which serve fewer than all of the units shall be Limited Common Elements to be exclusively used by the Owners of the Units to which it is assigned on the First Amended Condominium Map, to be recorded in the real property records of Pitkin County simultaneously herewith. Specifically, the two -story stairway located on the North end of the Building shall be a Limited Common Element to be exclusively used by the Owner(s) of Units 4 and 5, as shown on the First Amended Condominium Map, to be recorded in the real property records of Pitkin County simultaneously herewith. 6. No Other Modifications. Except as modified herein, the Governing Documents remain in full force and effect. Second Amended Declaration Cooper Avenue Victorian Condominiums Page 2 of 5 7. Counterparts. This Second Amendment may be executed in counterparts, and by facsimile signature, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned Owners and Mortgagees hereby approve and adopt the foregoing Second Amendment to the Condominium Declaration for the Cooper Avenue Victorian Condominiums. OWNER, Units 1, 4 and 5: Joseph J. Nedlin Marny B. Nedlin STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me this day of 2008 by Joseph and Marny Nedlin, Owners of Units 1, 4 and 5. Witness my hand and official seal. Notary Public My commission expires: OWNERS, Unit 2: Bukk G. Carleton, III Bukk G. Carleton, III, Trustee, The Irrevocable Trust under Agreement dated December 19, 1986, Elizabeth Carleton Righter, Settlor STATE OF ) ) ss. COUNTY OF Second Amended Declaration Cooper Avenue Victorian Condominiums Page 3 of 5 f � Acknowledged before me this day of 2008 by Bukk G. Carleton, III, individually, and as Trustee for the Irrevocable Trust under Agreement dated December 19, 1986, Elizabeth Carleton Righter, Sett lor, Owners of Unit 2. Witness my hand and official seal. My commission expires: Notary Public OWNERS, Unit 3: Robert Koffron Paulette Koffron STATE OF ) ) ss. COUNTY OF ) Acknowledged before me this day of 2008 by Robert and Paulette Koffron, Owners of Unit 3. Witness my hand and official seal. Notary Public My commission expires: Second Amended Declaration Cooper Avenue Victorian Condominiums Page 4 of 5 xTh x CONSENT OF MORTGAGEES The undersigned, constituting all of the Mortgagees of the Cooper Avenue Victorian Condominiums, do hereby consent to, and approve the foregoing Second Amendment to the Condominium Declaration and the First Amended Condominium Map, to be recorded in the real property records of Pitkin County simultaneously herewith. MORTGAGEE, UNIT 1 WELLS FARGO BANK By: Title: STATE OF MARYLAND ) ) ss. COUNTY OF ) Acknowledged before me this day of 2008 by , as , of Wells Fargo Bank. Witness my hand and official seal. Notary Public My commission expires: MORTGAGEE, UNIT 2 LEDYARD NATIONAL BANK By: Title: STATE OF NEW HAMPSHIRE ) ss. COUNTY OF ) Acknowledged before me this day of 2008 by , as , of Ledyard National Bank. Witness my hand and official seal. Notary Public Second Amended Declaration Cooper Avenue Victorian Condominiums Page 5 of 5 `a, My My commission expires: Second Amended Declaration Cooper Avenue Victorian Condominiums Page 6 of 5 FIRST MORTGAGEE, UNIT 3 WELLS FARGO HOME MORTGAGE, INC. By: Title: STATE OF MICHIGAN ) ) ss. COUNTY OF ) Acknowledged before me this day of 2008 by , as , of Wells Fargo Home Mortgage, Inc. Witness my hand and official seal. Notary Public My commission expires: SECOND MORTGAGEE, UNIT 3 CITIBANK, FEDERAL SAVINGS BANK By: Title: STATE OF VIRGINIA ) ) ss. COUNTY OF ) Acknowledged before me this day of 2008 by , as , of Citibank, Federal Savings Bank. Witness my hand and official seal. Notary Public My commission expires: After recording, return to: Michael Hoffman, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, CO 81611 Second Amended Declaration Cooper Avenue Victorian Condominiums Page 7 of 5 n ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE stewart by Stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: r ` - art _ title guaranty company Senior Chairman of 1 e Board .i sized Countersignature Stewart Title of Colorado, Inc. Aspen Division . Chairman of the Board 620 East Hopkins Avenue Aspen, Colorado 81611 ' Phone: 970 - 925 -3577 President Fax: 970-925-1384 Order Number: 12786 ALTA Commitment (6/17/06) „ Y o 0 Stewart Title of Colorado, Inc. yy stewart ■ Aspen Division 620 East Hopkins Avenue •title of colorado Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 Date: April 25, 2008 Order Number: 12786 Buyer: Marny B. Nedlin and Joseph J. Nedlin Seller: Property Address: 1012 East Cooper Avenue, Aspen, CO 81611 Tax Schedule Number: R008727- 273718232019 Please direct all Escrow inquiries to: Please direct all Title inquiries to: Linda Williams 97 Main Street, Suite W201 Edwards, Colorado 81632 Phone: 970-766-0234 Fax: 970-926-0235 Email Address: lwilliam3@stewart.com LISTING BROKER: Michael Hoffman Attn: Christina Sloan , Esq. cell 970- 309 -2995 wk: 970-925-1936 106 South Mill Street Suite 202 Aspen, Colorado 81611 Phone: (970) 544-3442 Fax: (970) 920-1019 SELLING BROKER: BUYER/BORROWER: Marny B. Nedlin Joseph J. Nedlin 1012 E. Cooper Avenue #1 Aspen, Colorado 81611 We Appreciate Your Business And Look Forward to Serving You in the Future. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 2, 2008 at 7:30 A.M. Order Number: 12786 2. Policy or Policies To He Issued: Amount of Insurance (a) A.L.T.A. Owner's (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: MARNY B. NEDLIN and JOSEPH J. NEDLIN 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: STATEMENT OF CHARGES 1012 East Cooper Avenue These charges are due and payable Aspen, Colorado 81611 before a Policy can be issued: Title Search Fee: $150.00 Order Number: 12786 stew-art ALTA Commitment (6/17/06) — Schedule A title guaranty company Page 1 of 2 EXHIBIT "A" Condominium Unit 1, COOPER AVENUE VICTORIAN CONDOMINIUMS, according to the Condominium Map thereof recorded March 3, 1978 in Plat Book 6 at Page 88 as Reception No. 202285, and as defined and described in the Condominium Declaration recorded March 3, 1978 in Book 344 at Page 354 as Reception No. 202283 and Amendment No. 1 thereto recorded November 5, 1999 as Reception No. 437410 LESS AND EXCEPTING THEREFROM All that portion of the Common Area conveyed by the following Deeds recorded: July 5, 2006 as Reception No. 526098; recorded July 5, 2006 as Reception No. 526100; recorded December 8, 2005 as Reception No. 518212 COUNTY OF PITKIN, STATE OF COLORADO Order Number: 12796 `� ALTA Commitment (6 /17/06) — Schedule A title guaranty company Page 2 of 2 r ^: e COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 12786 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Order Number: 12786 rsteweart ALTA Commitment (6/17/06) Schedule B 1 .title guaranty company Page 1 oft 3. NONE: THIS COMMITMENT IS DONE FOR INFORMATIONAL PURPOSES ONLY, IT IS UNDERSTOOD THAT NO POLICIES WILL BE ISSUED. Order Number: 12786 V W - Y ALTA Commitment (6/17/06) Schedule B 1 I Page 2 of 2 title u g arenty company ,.,, COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 12786 The policy or policies to be insured 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. 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 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. 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, as reserved in United States Patent recorded October 21, 1955 in Book 180 at Page 454. 12. 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. Order No 12786 `eWa ALTA Commitment (6/17/06) Schedule B 2 title guaranty company Page 1 of 2 �I 13. Any possessory rights or other claims as to the westerly 7 inches of the subject property pursuant to the Deed recorded September 10, 1959 in Book 188 at Page 510 as Reception No. 108585. 14. Terms, conditions, obligations and restrictions as set forth in the Subdivision Improvement Agreement for Cooper Avenue Victorian Condominium recorded March 3 1978 in Book 344 at Page 351 as Reception No. 202282. 15. Condominium Declaration for Cooper Avenue Victorian Condominiums recorded March 3, 1978 in Book 344 at Page 354 as Reception No. 202283 and Amendment No. 1 thereto recorded November 5, 1999 as Reception No. 437410. 16. All matters as shown on the Condominium Map thereof recorded March 3, 1978 in Plat Book 6 at Page 88 as Reception No. 202285 17. A Deed of Trust dated December 15, 2006, executed by Joseph J. Nedlin and Marny B. Nedlin, to the Public Trustee, to secure an indebtedness of $400,000.00 in favor of Wells Fargo Bank, N.A. recorded December 20, 2006 as Reception No. 532515 encumbers Unit 1 only Order No.: 12786 `�1 r ALTA Commitment (6/17/06) Schedule B 2 rV `eWa Page 2 of 2 title guaranty company DISCLOSURES Order Number: 12786 Note: Pursuant to C.R.S. 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 shall be obtained from the county treasurer or the county treasurer's authorized agent; C. 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: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) 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 Stewart Title of Colorado, Inc. 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 Lender's Title 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 materialmen 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 unfilled mechanic's and Materialmen'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 the Commitment, the requirements to obtain coverage for unrecorded lines 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 C.R.S. 10 -11 -123, notice is hereby given: 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 a 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. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 12786 Disclosures Stewart Title of Colorado, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm - Leach- Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. r Stewart Title Guaranty Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company . We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. -Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 13 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htto://www.alta.ore>. ste • title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. 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OPERATING ESCRO ASPEN CHUCK FRIAS, BROKER ASPEN, CO 81611 730 EAST DURANT 23 -7 -1020 9/15/2008 ASPEN, CO 81611 City Of Aspen * *947.00 DATE AMOUNT Nine Hundred Forty -Seven and 0 0/ 100*** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , PAY TO THE City Of Aspen ORDER OF 130 South Galena Aspen, CO 81611 r Deposit Re: CAV Planning Fee 1 3 _.o % AP 11. 00 1 L" I: LO 20000 761:08 6 7 1151 2 700• • • • • CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00024917 Account name: 28484 Date: 12/9/2008 Applicant: NEDLIN MARNY B Type: check # 1401 Permit Number Fee Description Amount 0061.2008.ASLU Aspen Land Use App Fees 947.00 Total: 947.00 RECEIVED DEC 0 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT