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Home My WebLink AboutLand Use Case.904 E Cooper Ave.0067.2011.ASLUTHE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0067.2011.ASLU PARCEL ID NUMBERS 2737 18 23 10 46 PROJECTS ADDRESS 904. E. COOPER AVE PLANNER JENNIFER PHELAN CASE DESCRIPTION RESIDENTIAL DESIGN VARIANCE REPRESENTATIVE JANVER DARRINTION DATE OF FINAL ACTION 12.7.11 CLOSED BY ANGELA SCOREY ON: 2.2.12 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 104 9. 0Â°Â° f. A*K , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, ArÂ¥~,Â·~A cSeÂ»'1 (name, please print) being or representitig an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this /S-day of bet<*- I- , 20-U by 147Â¥1 â‚¬AA Sccesâ€¢-1 1 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC-NQI)CE My conpl~@on Fxpire~?i CS Al / Dom Of // Ar\ DEVELOPMENT APPROVAL I Notice is hereby given to the general public of the approval of a site specific development plan, and ~1-'7 / \ / EK*-FJ~ I the creation of a vested property right pursuant to I the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- Notary Pub]~c ~ ing to the following described property: condomini I um unit 2,904 E. Cooper / 312 West End Condo- minium and commonly known as 904 E. Cooper 1 Avenue, Aspen, Colorado. 81611, by order of the Planning and Zoning Commission on December 6 I 2011, The Applicant received approval with condi- ATTACHMENTS: eli: tr tions for one Residential Design Standard Vari- ance aliowing for the installation of non-orthogonal windows on the Cooper Avenue facade. For fur- ther information contact Jennifer Phelan. at the City COPY OF THE PUBLICATION f CORY J. i of Aspen Community Development Dept. 130 S. ~ Gatena St, Aspen, Colorado (970) 920-5090. % GARSKE j s/City of Aspen Publish in The Aspen Times Weekly on Decembe~ My Commissin Expit 85 05/09/2012 15,2011 [7338702] * OF C(*pe DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number th Princess Pow, LLC, 509 W. 24 Street, New York City, NY, 10011 Legal Description and Street Address of Subject Property Condominium Unit 2, 904 E. Cooper/312 West End Condominium, commonly known as 904 E. Cooper Avenue Written Description of the Site Specific Plan and/or Attachment Describing Plan Aspen Planning and Zoning Commission approved one Residential Design Standard Variance permitting the addition of non-orthogonal windows on the Cooper Av. faQade. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Resolution No. 23 (Series of 2011), December 6, 2011 Effective Date of Development Order (Same as date of publication of notice of approval.) December 15,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) December 16,2014 Issued this 16th dailof December, 2011, by the City of Aspen Planning and Zoning Commission. Chris Bendon, Director Community Development RECEPTION#: ..... 300,12/22/2011 at 11:24:49 AM, 1 oF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. 23 (SERIES OF 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIANCE AT 904 E. COOPER AVENUE, LEGALLY DESCRIBED AS CONDOMINIUM UNIT 2,904 E. COOPER/312 WEST END CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718231046 WHEREAS, the Community Development Department received an application from Charles Cuniffe Architects, on behalf of Princess POW, LLC requesting Variance approval of a Residential Design Standard for the construction of additional non-orthogonal windows at 904 E. Cooper Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the Variance request; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 6, 2011; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal does meet either applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the noted Variance request to construct additional non-orthogonal windows on the facade facing Cooper Avenue; and WHEREAS, the City of Aspen planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and wei fare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance application from the following Residential Design Standard: L.U.C. Section 26.410.040 D.3.b, No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with mullions and still be considered one (1) nonorthogonal window. The requirement shall only apply to Subsection 26.410.010.B.2. Orthogonal 10 LE'.1~t... Section 2: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on December 6,2011. APPROVED AS TO FORM: Planning and Zoning Commission: _i------ Stan Gibbs, Chair , j Jim True, Special Counsel l 'H m 1 j o u ATTEST: ~4Â£46 kie Lothian, Deputy City Clerk U Exhibit A: Approved 2nd story non-orthogonal windows r . - 4 Â» e..,2 A tr/19131312 'ty Â¢ a .1 7 4/StiA: 31 Â® 'b'* F..y * . f.4 4 <Â£94. 47./C. Py:34 22.. E, i..'.. , ..f, - , ' i ,; 2 - -:..... , 427 /- I -i.,3~4 m.*29= $ 449>3 ..9 - Fgh ./21'imdil,1ZA,i/* . &-.. .- - ar i .......4/2Zilimill'lliwill k StÂ·*4*~ . 9646Â»*Pf 1 1.-11- - ~" ~f~'.4.-:tfu*Â·40 V : 1% 1 .'Â·I /1 4, ' # t., 1 C: d 421-- k .Â» 1 m N 1."I.I. i 464â€¢9 -G~ *-* 1, i mi~,i@fl,>9319 4 .3,2 4 f..2."it r 'A... ../ AW 2 + ..,I ... wâ€¢ 3 i fli .all/* .rfle -- . S~> 1 4-3-Â» . I . 7.1.- ./.f . - D .Fit Mt .- 5... -i 10. -=E~ f:SL-- A I t 1,1/ . 'll ' :43 ~i , 'y L. . - i -/ I./2*aÂ·- -1 'F.2.2.1 . V !2-9, f 1 $ 1 -Ak ' . 2 1./.1,1,/2/1./.Ill/'12. I ..~ - 4. .. L - , .. . *1'' . . -r. . 4. 1 . , , n t. &4'll'; 4-=t- 1 -1:--â€žl _z; _ -L 1 ~4Â«A .1.29 , . .Im,1 - . ...I, f, , . -- Â£Â·I , 'Â· â€¢ 1 .- A , 1 . -Am Â¥ 4 7,- -4 ..2 0.. ) f. 1 -------ya h . - 2: 1 -1 -b . '96 '- .. 41 . 4,1 4 --- . . -qi - Â· 1 7.F :limem'Eg, ftbil: i 1.. 4,. 4- I Zle ..7.2.40.9,2,4 ...:4 : I. , I. 6% 0.... ./ 4 - . , 4 - ..... Ill Z... . i /1 . $/06., 7[ 0 "i, ..;-43 : 17~ l-~ 3 9 .- - 1 ..A. I .. -I '.Â£.I 1- 7 1 . . '.. .11 . . 9 - .: * :- a I . I I #. ./. I . re.-1 '41- 6 - 1,2. ). ..,91* â€¢rÂ·~ :v' .-Â·.rt . + '1, 21.Â·r 4 - - ~.. 71 - A .... ..... D C CA f. City of Aspen Planning & Zoning Meeting - Minutes December 06,2011 Public Hearing: South Aspen Street PUD Amendment Stan Gibbs opened the public hearing on the south Aspen Street PUD Amendment. Jennifer Phelan stated the applicant requested the hearing be opened and continued to January 3,2012. Stan asked ifthere was any member ofthe public would not be able to attend January 3rd and wishes to make a comment on this item. MOTION: Jasmine Tygre moved to continue the public hearing for South Aspen Street PUD Amendment to January 3, 2012; seconded by LJ Erspamer. All in favor. Public Hearing: 904 East Cooper - Residential Desien Variance Stan Gibbs opened the public hearing for 904 East Cooper; he asked for the notice. Notice was provided. Jennifer Phelan stated the application before you was for 904 East Cooper, a residential design variance request; the application was submitted by Charles Cunniffe Architects on behal f o f Princess POW LLC represented by Charles Cunniffee and Janver Derrington. Jenni fer said that 904 East Cooper was 42 a duplex located on the corner of Cooper and West End Streets and was undergoing an interior remodel and the applicant would like to add second story windows on the Cooper Street fa~ade. The residential design standards permit only one non-orthogonal per fa~ade and the existing fa~;ade currently has a grouping of non-orthogonal windows on it. The memo on page 2 had pictures, figure 2 with a yellow circle, which is tonight' s variance request. Jennifer said there were 2 standards associated with the design variance: #1. appropriate development considering the context and the purpose of the standard or #2. is the design variance clearly necessary for reasons of fairness related to unusual site-specific constraints. Jennifer stated part of the purpose was to preserve neighborhoods scale and character; that each home contribute to the streetscape. Under the building element subsection it talks about materials and in this case the windows; it says that street facing architectural details and elements which provide human scale to the favade and that these elements should enhance the walking experience reinforce local building traditions and the street facing windows can establish a hierarchy of spaces with larger formal windows denoting public area and smaller ones suggesting private rooms. These are purpose statements surrounding the residential design standards specifically in this building the non-orthogonal 3 Citv of Aspen Planning & Zoning Meeting - Minutes December 06, 2011 window is located. Staff is considering this variance that proposed design is appropriate in development and the context o f the neighborhood. Jennifer said there were many non-orthogonal windows in this neighborhood. Staff feels that this applicant could come up with a design solution that meets this standard and not need a variance so staff does not recommend approval of this request. Jasmine Tygre asked are the triangles on top are what makes these windows non- orthogonal. Jennifer replied yes. Jasmine said if they just rectangular windows without the triangles on top they would be in conformance. Stan Gibbs asked staff ifjust taking off the non-square or triangular light; what he means light is from the pane of glass. Jenni fer answered what it says is no more than one non-orthogonal window shall be allowed on each fa~ade of the building; a single non-orthogonal may be divided with mullions and still be considered one non-orthogonal window. Stan asked ifthe existing was one window. Jennifer replied that it is one window unless it is individual windows that open up (individual eased windows) you could have one large window with mullions in it but couldn't have multiple small windows that were non-orthogonal. Stan said so this already violated the standard because there are multi non-orthogonal windows existing. LJ Erspamer said he walked by 926 and 928 today and those are similar as are other pictures and it talks about the neighborhood. Jennifer said that she looked up the block face that the property was located on and directly across the street because of this corner lot. Charles Cunniffe, architect, said the residential design standards were really geared toward the West End neighborhood; it wasn't thought to apply to multi-family buildings or other parts of town because this is not a Victoria neighborhood. Charles stated that they did not design this building; this is what is built now and we feel that it meets the standards; this is not as good a design solution for this particular neighborhood, which already has this existing. Charles said the continuation of that we feel is much more appropriate for the architecture of this building; it is a better fit and quieter than was has been permitted and constructed. This feels like it completes the intent ofthe original architecture; it is not a Victorian building and it is a non-orthogonal window and in this particular case that is the most appropriate solution and we are seeking a variance so that we are allowed to come up with a little bit more appropriate solution for this particular building. Charles noted in the images he sees buildings with more than one non- 4 Citv of Aspen Planning & Zoning Meeting - Minutes December 06,2011 orthogonal window. Charles said the upstairs bedrooms didn't have windows facing the views; it also has a door opening to the neighboring building. Charles said they feel it is a more appropriate solution even though it doesn't comply with the design standards. Janver Derrington stated the other duplex around the corner has a similar grouping o f windows so our proposed solution is more harmonious than the duplex. Stan asked ifthere was any member of the public that would like to make a comment. None stated. Charles stated that they contacted 148 neighbors and not one of them objected. Bert Myrin said that Standard A is the standard and the windows don't change the scale but may change the character. Bert said the applicant said the character improves with the variance request. Bert said he would support that variance request. LJ Erspamer said he saw the relationship of the proposed development with adjacent structures and he thought it meets the review standards. LJ said this was so minor that it didn't beak up the true meaning of the code and thanked staff for all of their hard work. Jasmine Tygre said with the addition ofthe triangle the non-orthogonal will there be more light coming from those windows at night. Charles Cunniffe replied no there were curtains on the windows. LJ said that there would be solar gain. Jasmine said that it does meet Standard A. Stan Gibbs stated there have been a lot o f variance requests lately that have been relatively small. Stan said that in terms of functionality it is not going to be that different in terms of light. Charles said the owner would like a view of the mountain which this variance would allow. Stan said given the diversity of architecture in this neighborhood; the house already has a non-orthogonal windows and if you made that one big window he would support that. Bert said that he would support that. Jennifer said if you think the context of the neighborhood allows this she would let what they have proposed pass; we are talking one plate of glass with mullions. 5 Citv of Aspen Planning & Zoning Meeting - Minutes December 06,2011 MOTION: LJ Erspamer moved to approve Resolution 23 approving the application's request for avariance from the residential design standards located at 904 East Cooper; seconded by Bert Myrin. Roll call: Bert Myrin, yes; U Erspamer, yes; Jasmine Tygre, yes; Stan Gibbs, yes. APPROVED 4-0. Adjourned. ~Utr~GU ~franscriber by Jackie Lothian, Deputy City Clerk 6 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 904 E. Coor"- A\ttn [46, , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Pâ‚¬Â£5Â¢m be< 69 , 20011 STATE OF COLORADO ) ) SS. County of Pitkin ) I, J anvir Per rinol+Dn (name, please print) being or representing an Appficant 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 o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteÂ® (15) days prior to the public hearing and was continuously visible from the 0 1 *Hay of N ov,m IMA ,20011,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) y~ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision 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 o f 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. 01Â»L- Signfure The foregoing "Affidavit ofNotice" was aclÂ©n~wledged before me this (2'tday of b.ce,.260/ , 20011, by {Irl.'*r. b~rr~.;f~ror. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: r:>g~OG ~p. oi,5- PUBLIC NOTICE ted. R- Notary Public ,5:f 35*t 4 DATE -LE,22,12[,EMBER-EZQLL 1 SWERSKY E T O f TONI ROSE 1 i TIME 4 30 PM e. ..49 r:Fi PLACE C f OFC,15:r PURPOSE- ITY HALL. LOWER LEVEL N My Connliun Expires *26/2015 ENTS AS APPLICABLE: PUBLIC HEARINC MFO RE 211.COM&22LEmARDIGAMENNCE STED NOTICE (SIGN) ED* RF.5\DENTIAL DL .N 5TANDARD5 FOR-NON.zÂ«Qi[ZEONJ D GOVERNMENTAL AGENCIES NOTICED THE STREY "'INDOW FACING - ON OF MINERAL ESTAE OWNERS NOTICE 4-65.5-103.3 04 ~-m- FUWIMER WORMATION CONTAC, IME (,11 OF ASPEN PUM,UNG DEPARTMENT 110% ChUMAST ASPENCO 8105420Â·5090 tt PUBLIC NOTICE RE: 904 E. COOPER AVE., RESIDENTIAL DESIGN STANDARD VARIANCE LAND USE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 6,2011, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sisters City Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Charles Cuniffe Architects onbehalf of Princess Pow, LLC, 509 W. 2401 Street, New York City, NY, 10011, that is the owner ofthe subject property. The applicant is proposing to remodel the existing dwelling and construct additional non-orthogonal windows on the front fagade ofthe residence. In order to develop the property with non-orthogonal windows, the applicant is requesting the following development approval: a variance from a residential design standard. The property is legally described as condominium Unit 2, 904 E. Cooper/312 West End Condominium and commonly known as 904 E. Cooper Avenue. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifer.phelan@ci.aspen.co.us. s/Stan Gibbs, Chair Aspen Planning and Zoning Commission Easy PeelÂ® Labels i A Bend along line to | Use AveryÂ® Template 5160Â® 1 Feed Paper = expose Pop-up EdgeTM ~ ~ AVERYÂ® 5160Â® | A 306 ASSOCIATES LLC 803DKS LLC ABEL FAMILY LIV TRUST PO BOX 7067 15280 ADDISON RD #301 523 CRAGMONT AVE BLOOMFIELD HILLS, MI 48302 ADDISON, TX 75001 BERKELEY, CA 94708 ALM KEITH & ELIZABETH R ANSON WESTON T & SUSAN BAILEY ASPEN ASSETS LLC 1040 W 54TH ST 8030 EL PASEO GRANDE 3361 MEANDER LN KANSAS CITY, MO 64112 LA JOLLA, CA 92037 SAFETY HARBOR, FL 34695 ASPEN/PITKIN COUNTY HOUSING ASPEN SKIING COMPANY LLC AYR RESERVE REAL ESTATE ENTITY AUTHORITY DRAWER G-2 140 BROADWAY 4TH FLR 530 E MAIN ST #001 SNOWMASS VILLAGE, CO 81615 N EW YORK, NY 10005 ASPEN, CO 81611 BALLVE CARMEN BASALT RIVERVIEW LTD BEAUDETTE PETER C DE ALBORAN JORGE MORENO 300-117 CENTRE POINTE DR 501 E SPRINGS RD C/ RONDA DE ATOCHA 37 OTTAWA ONTARIO COLUMBIA, SC 29223 MADRID 28012 SPAIN, CANADA K2G5X3, BELLINSON JAMES TRUST BELKOVA DASHA BELSHER ELIZABETH S TRUST BELLINSON CAROLYN TRUST 819 E HYMAN AVE #7 4919 E GRANDVIEW LN 370 E MAPLE RD STE 200 ASPEN, CO 81611-2092 PHOENIX, AZ 85018 BIRMINGHAM, MI 48009 BERKOWITZ ALAN 25% BERKOWITZ KAREN BERMAN PETER J & ROCHELLE L PO BOX 35 PO BOX 826 4425 LOWELL ST, N. W. BROOKLANDVILLE, MD 21022 BROOKLANDVILLE, MD 21022 WASHINGTON, DC 20016 BESTERFIELD LLC BIELINSKI LINDA M REV TRUST BILL FAMILY LLC 200 JAMES ST S STE 202 714 COLONY LN 2350 W LAKE OF THE ISLES PKWY HAMILTON ONTARIO CANADA L8P3A9, FRANKFORT, IL 60423 MINNEAPOLIS, MN 55405 BRUMDERASPEN LLC BOELENS GREGORY S BUERKLIN ACHIM 531 COUCH DR PO BOX 2360 PO BOX 2515 ATTN: ASHLEY HARNESS ASPEN, CO 81612 ASPEN, CO 81612 OKLAHOMA CITY, OK 73102 CALAMOS JOHN P BUYERS BRADLEY M & BRUCE CADY VICKI REV TRST CAM FAMILY OFFICE 835 E HYMAN #K 223 E PINE MEADOW CT 2020 CALAMOS CT STE#200 ASPEN, CO 81611 ANDOVER, KS 67002 NAPERVILLE, IL 60563-2793 CAREW 11 LLC 50% CARRILLO JOSEPH & ANNA MARIE CHADVALE REALTY INC 100 GALLERIA OFFICE CENTRE #427 236 HENRY ST #6 PO BOX 11976 SOUTHFIELD, MI 48034 BROOKLYN, NY 11201 ASPEN, CO 81612 ttiquettes faciles & peler i A Repliez & [a hachure afin de 1 www.avery.com 1 Utilisez le gabarit AVERYÂ® 5160Â® charclement ravaler le rebord Pop-upâ€¢IC 1 1-800-GO-AVERY ' Sens de 1 Easy PeelÂ® Labels A I Bend along line to 1 ~ AVERYÂ® 5160Â® 1 Use AveryÂ® Template 5160Â® ~ Feed Paper - expose Pop-up Edgeâ„¢ 1 CHAMBERS JOHN TRUST 50% CHATEAU BLANC HOA COHEN LILIANA M CHAMBERS CHRISTINE TRUST 50% 901 E HYMAN AVE 50 STONEHENGE RD 1357 OCEAN BLVD #406 PITTSFIELD, MA 012018421 ASPEN, CO 81611 STUART, FL 34996 COOPER-TACHE CHRISTEN CORREIA JOHN E DANTE VICTOR F & CANDI 1001 EAST HYMAN 2642 WEST 250 NORTH 19562 EMBASSY CT ASPEN, CO 81611 HURRICANE, UT 84737 N MIAMI BEACH, FL 33179 ENCLAVE UNIT 9 LTD DAVIS HARRIET S & MARTIN DECK WARREN & MARCIA C/O FRIAS PROPERTIES OF ASPEN 835 E HYMAN AVE APT G 5363 S LAMAR ST 730 E DURANT ASPEN, CO 81611-2603 LITTLETON, CO 80123 ASPEN, CO 81611 ESENJAY OIL & GAS LTD FEIRSTEIN JANICE W FISHER WINSTON & JESSICA 500 N WATER ST #1100 SOUTH 333 LAS OLAS WY #2105 299 PARK AVE 42ND FL CORPUS CHRISTI, TX 78471 FORT LAUDERDALE, FL 33301 NEW YORK, NY 10171 FLINT MARILYN TRUSTEE FODOR BARBARA LOWE & PETER BELA- FOLLIN KATHERINE C 3945 KIRKLAND CT 2280 CENTURY HL 4416 GERALD PL BLOOMFIELD HILLS, MI 48302 LOS ANGELES, CA 90067 NASHVILLE, TN 37205 FULLER CHRISTOPHER & LADY GALLOP PARK LLC GARDNERJODY PO BOX 1366 PO BOX 473 55 STEWART RD ASPEN, CO 81612 BEND, OR 97709 SHORT HILLS, NJ 07078-1923 GOLDMAN MICHAEL VICTOR & GLORIA GLACO PARTNERSHIP 50% GORDON SYLVIA TRUST 1 50% ANNA 6001 MONTROSE RD, STE 600 25862 HERSHEYVALE 6919 GLENEAGLE DR ROCKVILL, MD 20852 FRANKLIN, MI 48025 TUCSON, AZ 85718 GRAY DALE F REV TRST 20% INT GORMAN THOMAS G & LINDSAY C GRAY J DOUGLAS 2008 TRUST 50% GRAY CHERYL W REV TRST 20% 144 OLD GREEN BAY RD 800 N MARSHALL ST 5921 SEARL TER WINNETKA, IL 60093 MILWAUKEE, WI 53202 BETHESDA, MD 20816 HEDSTROM CAROLYN C HERMAN J MAURICE TRUST HICKS LESLIE 187 PARK ST 222 LAKEVIEW AVE #160-270 PO BOX 8225 NEWTON, MA 024582042 W PALM BEACH, FL 33401 ASPEN, CO 81612 INDIANHEAD FARMS INC JACOBSON RICHARD & SUSAN 50% JACOBSON ROBERT 50% PO BOX 619 924 E COOPER AVE 12 LAKESIDE DR CLEAR LAKE, IA 504280619 ASPEN, CO 81611 CLARKS SUMMIT, PA 18411 Etiquettes faciles & peler 1 Repliez & la hachure afin de ~ www.avery.com 1 Sens de ......i-..I.- ...L-R. I.... .._'.r I 4 Oan irrl A1/IZE,V I Easy PeelÂ® Labels i A I Bend along line to 9 ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper ------- expose Pop-up EdgeTM J JOFFE LIVING TRUST JOSEPH KRISTA KARTIGANER ESTHER 23820 LONG VALLEY RD 4815 E CAREFREE HWY #108-468 150 W END AVE APT 27M HIDDEN HILLS, CA 91302 CAVE CREEK, AZ 85331 NEW YORK, NY 10023 KEATING R MARK & MARIANNE P KEEFE DANIEL GARY IV & LIESL A KENNEDY JUSTIN 214 GLENMOOR RD 805 E COOPER AVE 7350 SW 47TH CT GLADWYNE, PA 19035 ASPEN, CO 81611 CORAL GABLES, FL 33143 KENTCO LP KENYON JAMES W KLIKA YVONNE TRUST 100 VILLAGE GREEN #200 7517 RINDGE AVE 1551 LARIMER ST #1303 LINCOLNSHIRE, IL 60069 PLAYA DEL REY, CA 90293-8037 DENVER, CO 80201631 KOUTSOUBOS LOUIS KOUTSOUBOS TED KOZLOW DANIEL PO BOX 9199 430 E HYMAN AVE #PH 1129 EWICKFORD ASPEN, CO 81612 ASPEN, CO 81611 BLOOMFIELD, MI 483022375 KRANS ROSEMARY KRENTZ MICHAEL KEITH LAMPTON JULIE M 298 4TH AVE #429 901 E HYMAN #11 PO BOX 12111 SAN FRANCISCO, CA 94118 ASPEN, CO 81611-2033 ASPEN, CO 81612 LEVITT JEANNE S REV TRST 49% LAUGHLIN JAMES R LEO RICHARD A C/O NELLIS CORP 4032 LINDEN AVE 15 ASHBURY TER 6001 MONTOSE RD #600 WESTERN SPRINGS, IL 60558 SAN FRANCISCO, CA 94117 ROCKVILLE, MD 20852 LIBERATORE DOUGLAS LION DANIEL A & JACQUELINE TRUST LONG MONA HAYLES TRUST PO BOX 1838 7600 NORTH MARKS BOX 3849 SARASOTA, FL 34230 FRESNO, CA 93771 ASPEN, CO 81612 MAL REV TRUST.25% LUNDQUIST MARGARET B TRUST MARTIN ROBERT A C/O NELLIS CORP 880 N LAKE SHORE DR APT 26AB 322 WEST 17TH ST #3E 6001 MONTOSE RD #600 CHICAGO, IL 60611 NEW YORK, NY 10011 ROCKVILLE, MD 20852 MARX ASPEN INVESTMENTS LLC MARZIO FRANCES MCCUTCHIN GENE P 203 S CLEVELAND ST 101 WESTCOTT #1702 14833 MIDWAY #200 ASPEN, CO 81611 HOUSTON, TX 77007 ADDISON, TX 75001 MEYERSTEIN FAMILY TRUST MICHELSON BRUCE V REV TRST MIKI C/O STEWART REAL ESTATE 7701 FORSYTH STE 900 PO BOX 444 115 BOOMERANG RD STE 5103 ST LOUIS, MO 63105-1813 ASPEN, CO 81612 ASPEN, CO 81611 Etiquettes faciles & peler 1 Repliez & la hachure afin de I www.avery.com j Utilisez le qabarit AVERYÂ® 5160Â® 1 rhArnement Sens de rdvaler le rebord Pop-UpMC 1 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A **~11~1 Bend along line to i ~~ AVERYÂ® 5160Â® 1 Use AveryÂ® Template 5160Â® 1 Feed Paper =â€ž--~â€ž expose Pop-up Edgeâ„¢ ~ MORSE WILLIAM J MURRAY JOYCE K OATES WILLIAM D&B MARILYN MORSE EUDICE PO BOX 352 4900 LAKESIDE DR 14851 COUNTY LINE RD ASPEN, CO 81612 DALLAS, TX 75205 CHAGRIN FALLS, OH 44022 PARGITER SALLY J PAUL RICHARD PEVNY HANA 943 E COOPER #C 537 N NEVILLE ST #5A PO BOX 10749 ASPEN, CO 81611 PITTSBURGH, PA 15213-2770 ASPEN, CO 81612 PIERCE ANITA M POAG COMPANY LLC POLICARO JOANNA PO BOX 3202 PO BOX 9316 4311 RANDMORE RD ASPEN, CO 81612 GREENSBOW, NC 27429 COLUMBUS, OH 43220 PORTER CATHERINE T QUINTENZ KENNETH E & SUSAN L R NESTY LLC FULLER JAMES T 111 91 N STANBERY AVE 2711 RACE STREET 3616 FULTON ST NW COLUMBUS, OH 43209 DENVER, CO 80205 WASHINGTON, DC 20007 RICHARDSON JOHN & MARK RAYMOND KIMBERLY A RICHMAN KIMBERLY DAWN 15 TORONTO ST #400 1280 S UTE AVE STE 5 15 ASHBURY TERRACE TORONTO ONTARIO CANADA M5C ASPEN, CO 816112259 SAN FRANCISCO, CA 94117 2E3, ROBERTS MARION S & BOB ROGER RICHARD R RUSHNECK GARY PO BOX 161120 16251 DALLAS PKWY 29 LANGDON GROVE AUSTIN, TX 78716-1120 ADDISON, TX 75001 CARMEL, NY 10512 RUSHNECK RONALD JR SAGARIA SABATO DOMINIC 111 SCHAFER WIDO LIV TRUST 24009 MADACA LN UNIT 201 P.O. BOX 8376 452 20TH ST PT CHARLOTTE, FL 339542804 ASPEN, CO 81612 SANTA MONICA, CA 90402 SCHMIT CHAD SCHNURMAN ALAN J & JUDITH SCHONWALD ALEXANDER 805 E COOPER AVE #12 870 UNITED NATIONS PLZ STE 20E 3200 S KINGSHIGHWAY ASPEN, CO 81611 NEW YORK, NY 10017 ST LOUIS, MO 63139 SCHRAGER PHILLIP G & TERRI L SCHUBINER CRAIG E SEIFERT PATRICIA M 3217 S 101ST ST PO BOX 7067 199 PROSPECTOR RD #3105 OMAHA, NE 68127 BLOOMFIELD HILLS, MI 48302 ASPEN, CO 81611 SHACKELFORD MARK SHAPIRO LAND LLC SHAPIRO REGINA PO BOX 540 2438 JUNIPER HILL RD 14024 MONTRACHET LN GLOUCESTER POINT, VA 23062-0540 ASPEN, CO 81611 TOWN & COUNTRY, MO 63017 Etiquettes faciles A peler 1 Repliez & la hachure afin de ~ www. avery. com Utilisez le qabarit AVERYÂ® 5160Â® 1 rhArrimmont i Sens de r@v@ler le rebord Pop-upMC 1 1-800-GO-AVERY Easy PeelÂ® Labels i A I--AM Bend along line to | ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® ~ Feed Paper -=-= expose Pop-up Edgeâ„¢ ~ A SILVERSTREAM TOWNHOMES CONDO SHERMAN RUTH ANN TRUST SKIPSEY CHARLES I & ELEANOR M ASSOC 4032 LINDEN AVE PO BOX 2045 C/O ASPEN PROPERTY MGMT WESTERN SPRINGS, IL 60558 RANCHO SANTA FE, CA 92067 PO BOX 4446 ASPEN, CO 81612 SKLAR LEONARD E SKLAR WILLIAM P SPRINGER BARBARA PO BOX 246508 7238 MONTRICO DR PO BOX 9940 PEMBROKE PINES, FL 33024 BOCA ROTON, FL 33433 ASPEN, CO 81612 SUSI SAMUEL & MARILEE E TACHE MARK C TAT TRUST 7806 CHARNEY LN 1001 E HYMAN PO BOX 7813 BOCA RATON, FL 33496 ASPEN, CO 81611 ASPEN, CO 81612 THOMPSON JOHN M & KAREN L TRUST THOMPSON SALLY P TRT OF COLORADO LLC 60% 12014 LAKESIDE DR APT 1418 26 WALDRON ST 7200 COMMODORE DR OVERLAND PARK, KS 66213 MARBLEHEAD, MA 01945 TUSCALOOSA, AL 35406 TWO SEASONS HOLDINGS LLC TYE MARK M TRUST UPTON MARY E 191 UNIVERSITY BLVD #816 PO BOX 8992 PO BOX 2360 DENVER, CO 80206 ASPEN, CO 81612 ASPEN, CO 81612 VARMA CHANDRA K VAN BILDERBEEK BERNARD H WATERS JOSEPH D & LESLIE T VARMA CHANDRA M 13526 MONTEIGNE LN 821 E COOPER AVE 53 SWING BRIDGE LN CYPRESS, TX 774294848 ASPEN, CO 81611-2015 SOUTH BOUND BROOK, NJ 08880 WEBB MARSHALL B ASPEN QPRT WEINROT EDWIN Y & IRENE TRUST WICHMAN CHARLES R & JEANNE R 53 OSPREY CIR PO BOX 251439 PO BOX 656 CALLAWASSIE ISLAND LOS ANGELES, CA 90025-9328 HONOLULU, HI 96809 OKATIE, SC 29909 WILLIAMSON CHERYL EXEMPT TRUST WITTE LARRY & WOLOFSKY ESTHER WOOD JEFFREY R & SHANA B 60% TRUST 1616 S VOSS #150 2717 OLIVE AVE NW 324 PRINCESS PALM RD HOUSTON, TX 77057 WASHINGTON, DC 20007 BOCA RATON, FL 33432 WYLY CHERYL R MARITAL TRUST 300 CRESCENT CT #1000 DALLAS, TX 75201 ttiquettes faciles 6 peter 1 4 Repliez 6 la hachure afin de 1 www.avery.com ~ Utilisez le aabarit AVERYÂ® 5160Â® rhor'.oman/ rivaler le rebord PoP-up* 1 1 Sens de 1-800-GO-AVERY ' A.-7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 404 E. GeyÂ£gÂ·r 414-, Aspen, co SCHEDULED PUBLIC HEARING DATE: -72<eo pece.*2*- 4 , 2011 STATE OF COLORADO ) ) SS. County of Pitkin ) i. AM<Van S coye<,1 (name, please print) being or repretenting 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) o f 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 ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-wners 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 o f 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. LF < 2r-e~~_~_~~ bigilature The foregoing "Affidavit ofNotice" was acknowledged before me this 2/ day of Nol/ , 2016 by /4-,19 ~246>1 62,7/9 -Fr iNOTICE ~ ~~E: 904 E. COOPER AVE., RESIDENTIAL ESIGN STANDARD VARIANCE LAND USE REQUEST WITNESS MY HAND AND OFFICIAL SEAL ~OTICE IS HEREBY GIVEN that a public hearing 4411 be held on Tuesday, December 6, 2011, at a . meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sisters City I Mx commission expires: 3/29/20(q Room, City Halt, 130 S. Galena St., Aspen, to con- 1 sider an application submitted by Charles Cuniffe 1 Architects on behalf of Princess Pow, LLC, 509W. 24th Street, New York City, NY, 10011, that is the ) .Ii- owner of the subject property. The applicant is pro- posing to remodel the existing dwelling and con- 1 struct additional non-orthogonal windows on the | . Notary Public front fagade of the residence. In order to develop 1: the property with non-orthogonal windows, the ap- 1 A pliCant is requesting the following development ap- ly proval a variance from a residential design stan- 1Â· dard. The properly is legally described as I condominium Unit 2,904 E. Cooper/312 West End I' Condominium and commonly known as 904 E. 1 Cooper Avenue. For further information, contact I An,â€¢A, 1 ~ Jennifer Phelan at the City of Aspen Community ly:m,~VI4 ~ Development Department. 130 S. Gatena St., As ,~~ pen. CO, (970) 429-2759. Ana*ut*z*&22 4TTACHMENTS AS APPLICABLE: al 22!1221. *Stan Gibbs. Chair j Aspen Planning and Zoning Commission ILICATION Published in the Aspen Times Week/y on THE POSTED NOTICE (SIGN) Novembe,20,2011_I72354801- ~ERS AND GOVERNMENT AGENGIES NOTIED - BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 -. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Deputy Planning Director RE: 9(~E. Cooper Ave. - Residential Design Standards Variance, - Public Hearing DATE: December 6,2011 Applicant: Princess POW, LLC Representative: Janver Derrington Zoning: RMF (Residential Multi-Family) Land Use: Duplex Residence Request Summarv: The Applicant is requesting one Variance from a Residential Design Standard with regard to non-orthogonal windows Staff Recommendation: Staff recommends denial of the variance request. LAND USE REQUEST: The Applicant is in the process of remodeling the subject property which is one unit in a duplex property. The applicant is requesting a variance from a residential design standard that permits no more than one non-orthogonal window on each faGa(le of a building. Variance approval from the Residential Design Standards pursuant to Land Use Code (L.U.C.) Section 26.410.020 D., Variances. The applicant is requesting a variance from L.U.C. Section 26.410.040 D.3.b, where "no more than one non-orthogonal window shall be allowed on each fa~acle of the building." REVIEW PROCEDURE: A variance from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Section 26.410.020 D., Variances. Page 1 of 5 Figure 1: Vicinity map ' 44 : 4 0 CD . 1 O - g 316 - 2737 T10.9 RB*W D 18 . -E . 1 914 11" W. 1 11 1 -Ar-% 4 Â£ 409*f +J 4 1 Subject Site 4 PROJECT SUMMARY: The applicant recently purchased h a duplex and is in the process of undertaking a remodel of the dwelling unit. As part of the remodel a building permit application has been submitted. The city zoning officer reviewed the plan set and informed the applicant' s representative that the permit could not be issued as the new windows being proposed did not meet the residential design standards with regard to the limitation on non-orthogonal windows. Specifically, the existing dwelling unit has an existing grouping of non-orthogonal windows and would like to install additional non-orthogonal windows on the street facing faga(le as shown below and Exhibit B of this memo. Figure 2: Existing and proposed window arrangement K 1 *Se, ..1 3 2-4- .1.14 6 i k .2.2. :SK . , ...,- I - - , 'N...i,P...3..4. - .2,7.3.-21 -U -'-- . CZÂ· .I.Â· -rÂ· . Â· -r Nft. 4 - .I . EAST COOPER VIEW I EXISTING EAST COOPER VIEW I PROPOSED ~ Page 2 of 5 7 RESIDENTIAL DESIGN STANDARD VARIANCE: All residential development in the City of Aspen is required to meet certain residential design standards or obtain a variance from the standards pursuant to Land Use Code Chapter 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home. . . contribute to the streetscape." As noted previously, the Building Elements sub-section of the code requires that all residential buildings contain "street-facing architectural details and elements, which provide human scale to the faQade, enhance the walking experience, and reinforce local building traditions." Additionally under the purpose statement for the chapter, it is noted that "street facing windows can establish a hierarchy of spaces with larger, formal windows denoting public area and smaller ones suggesting private rooms." Staff has provided pictures of the neighborhood context on the following page. There are two review standards that the applicant may meet if the Board is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Comment: Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that ar e important components to neighborhood character. This variance request is not related to reasons offairness or unusual site specific constraints. The neighborhood context includes a mix of single-family, duplex and multi-family residential development. The subject block face includes a historic landmark, which does not include non-orthogonal windows. Additionally, there are other examples on the block that meet the standard or, if not meeting the standard completely, are predominately developed with orthogonal windows. New construction across the street in the form of a duplex meets the standard. Although the property was developed prior to the adoption of the current iteration of the design standards, the applicant can develop a design that meets the current standards. Enough of the newer construction, landmarked building and older construction meets the standard to require it with this remodel. Page 3 of 5 Figure 3: Neighborhood context ~. f 4 M :,1 21.1~ //4.,DI v ./ i XIi T ..2'2'T-- ...... VT.| r.. 4 7.* p 4,-11.2 12 fl{'*11 k , *719Â¥1~*lf; r -~. Wi Â¥ U :. I'kl!31 0-,6 1.1 F t ... i -- 7~ - El. *I .A X.. . P 1 .-0 . Ar 2 4 Z 1 4 ./t -8 2- ..: 1 .Li E JMi %~* TALL - - 40Â·.4 94 1.6.,4 7 '44 Â·7 *Â· E f. , 1 1- 4 1 + ./1 N. I I 14*I I . 1 ~ i ' it~~ yÂ»k - 104 - , .9 - - .. 2- .- ilii il 1:. .Al 1 .... - 4. 1 e. 5*.i Â©,If.~a %Â« *,21>, I lipirre:firipri'- 4 . Staff Recommendation: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances for the non- orthogonal window request. There are examples of residences meeting the standards and there is not a site specific constraint. Staff recommends the Planning and Zoning Commission deny this application. RECOMMENDED MOTION: "I move to deny the variance request from the Residential Design Standards." Page 4 of 5 ~ ~ r END SY ATTACHMENTS Exhibit A - Review Criteria & Staff Findings Exhibit B - Application Page 5 of 5 Resolution No. (SERIES OF 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIANCE AT 904 E. COOPER AVENUE, LEGALLY DESCRIBED AS CONDOMINIUM UNIT 2,904 E. COOPER/312 WEST END CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718231046 WHEREAS, the Community Development Department received an application from Charles Cuniffe Architects, on behalf of Princess POW, LLC requesting Variance approval of a Residential Design Standard for the construction of additional non-orthogonal windows at 904 E. Cooper Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended denial of the Variance request; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on December 6, 2011; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal does meet either applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the noted Variance request to construct additional non-orthogonal windows on the facade facing Cooper Avenue; and WHEREAS, the City of Aspen planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance application from the following Residential Design Standard: L.U.C. Section 26.410.040 D.3.b, No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with mullions and still be considered one ( 1) nonorthogonal window. The requirement shall only apply to Subsection 26.410.010.B.2. Orthogonal ~ ~ ~f j I Non-Orthogonal Section 2: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court ofcompetentjurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on December 6,2011. APPROVED AS TO FORM: Planning and Zoning Commission: Jim True, Special Counsel Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk Exhibit A: Approved 2nd story non-orthogonal windows EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS A. RESIDENTIAL DESIGN STANDARDS REVIEW No variance shall be permitted unless the Board of Adjustment makes a determination that the proposed development complies with either of the requirements set forth below: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding Residential Design Standards have been adopted to contribute to the streetscape, enhance the pedestrian environment and promote architectural elements that are important components to neighborhood character. This variance request is not related to reasons Of fairness or unusual site specific constraints. The neighborhood context includes a mix of single-family, duplex and multi-family residential development. The subject blockface includes a historic landmark, which does not include non-orthogonal windows. Additionally, there are other examples on the block that meet the standard or, if not meeting the standard completely, are predominately developed with orthogonal windows. New construction across the street in the form of a duplex meets the standard. Although the property was developed prior to the adoption of the current iteration Of the design standards, the applicant can develop a design that meets the current standards. Enough of the newer construction, landmarked building and older construction meets the standard to require it with this remodel. Staff does notfind either criteria met. c,<6 51 -t~ 1 1 9\ CHARLES CUNNIFFE ARCHITECTS RECEIVED ACT 1 9 2011 October 11, 2011 CITY OF AS PEN COMMUNITY DEVELOPMENT Jennifer Phelan Deputy Planning Director Community Development City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: 904 E. Cooper Avenue Aspen, Colorado Request for Variance from the Residential Design Standards Dear Jennifer, The proposed remodeling of the referenced duplex unit includes the addition of a non- orthogonal window grouping at the Master Bedroom on the second story of the south (street facing) facade. This grouping is adjacent to the existing non-orthogonal window grouping at the ground level Great Room and follows the rake of the roof overhang. These additional windows have been determined by the City planning staff to be not in compliance with the Residential Design Standards, Section 26.410.040.D(3) (b) of the Aspen Land Use Code. This allows for only one (1) non-orthogonal window per fagade. This is an existing residence which was built in 1997 before the RDS was adopted. In response to the Pre-Application Conference Summary, we believe the entry door, which is recessed behind the stone entry fagade, constitutes a "porch" and a "first story element". There is nothing we can do about the "no window zone". Also, we believe the RDS was directed primarily toward preserving the Victorian character in the West End Historic District and should be less strictly applied in the East End, where this residence is located. Therefore, we submit that the proposed new non-orthogonal window grouping would be only one of two non-compliant elements of the RDS, which could be allowed by administration review under the provisions of Section 26.410.020(D) (2) (a). Furthermore, we believe the underlying intent of the RDS is to promote good architecture and we contend that the continuation of the existing non-orthogonal windows is more compatible with the existing residence than a non-orthogonal grouping would be. We are hereby requesting a variance for this project from the RDS, Section 26.410.040.(D)(3)(b) of the Aspen Land Use Codes regarding the addition of one (1) non- orthogonal window to the south (street facing) facade. We are assuming that the other non-conforming elements noted above are "grandfathered." 610 East Hyman Avenue â€¢ Aspen, Colorado 81611 m tel: 970.925.5590 9 fax: 970.925.5076 0 www.cunniffe.com We have enclosed the documentation requested in the Pre-Application Conference Summary. Please notify me if any additional documentation is required. Thank you, _ /h 6Â»OkÂ»uu--- Jgnver C. Derrington. ~IA yne\p.\ Enclosures I @.1 Ea 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 9.27.11 PROJECT: 904 E. Cooper Avenue REPRESENTATIVE: Janver Derrington, 970.925.5590 TYPE OF APPLICATION: Residential Design Standards Variance DESCRIPTION: 904 E. Cooper Avenue is an existing duplex. During permit review for a remodel of the unit that enters from Cooper Avenue, it was determined that proposed work is not in conformance with the Residential Design Standards. In particular, the new work adds three additional "non-orthogonal" windows to the front fagade. Planning Staff determined that the criteria for administrative approval to the Residential Design Standards are not met. The front fagade is already out of compliance with multiple RDS (no front porch, windows in the "no window zone," no first story element, more than one non-orthogonal window.) It was determined to be inappropriate to grant variances at the staff level that make the unit even more non-conforming. The application will be reviewed for completeness by the Community Development Department. A public hearing will be scheduled. Notice requirements will include publication, mailing and posting per section 26.304.060(E)(3)(a)-(c). Below is a link to the Land Use application Form and Land Use Code for your convenience. http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020and %20 Fees/land useappform. pdf http://www. aspen p itkin. com/Departments/Com mun itv-DevelopmenUP lan n inq-and-Zon ing/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304.060(E) Public Notice 26.410 Residential Design Standards 26.410.020.D.2 Review Standards for Residential Design Standards Variances Review by: Community Development Staff for complete application, Planning and Zoning Commission for Variance Public Hearing: Required Planning Fees: $735. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour. Please note that Planning Fees will increase after November 1, 2011. Total Deposit: $735 Total Number of Application Copies: 10 Copies (HPC = 12; PZ = 10; CC = 7; BOA 5; Referral Agencies = 1/ea.; Planning Staff = 2) October 11,2011 Jennifer Phelan Deputy Planning Director Community Development City of Aspen 130 S, Galena St. Aspen, CO 81611 Re: 904 E. Cooper Ave. Land Use Code Variance Dear Ms, Phelan, This letter is to affirm that I am the Owner of the referenced property. I hereby authorize Charles Cunniffe Architects to represent my interests in all matters pertaining to the Application for a Land Use Code Variance. Sincerely, MarianhfBoesky Princess/POW, LLC 509 West 24'h St. New York, NY 10011 (212) 680-9889 . '~~' ATTORNEYS ~1|~ GUARANTY |~111||| FUND, INC. ALTA Commitment Form (6/17/2006) AA'Ell:CA 1 IANDTZTLi COMMITMENT FOR TITLE INSURANCE A>KOCIAI'Â»I Issued by 'Yv Attorneys Title Guaranty Fund, Inc. Attorneys Title Guaranty Fund, Inc., a Colorado corporation (the ' Company"), for 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 the 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. IN WITNESS WHEREOF, Attorneys Title Guaranty Fund, Inc. has caused its corporate name to be affixed by its duly authorized officers on the date shown in Schedule A. ATTORNEYS TITLE GUARANTY FUND, INC. ERIC R. MORGAN PRESIDENT FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phone: (970) 925-5625, Fax: (970) 925-7348 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AN otherises are prohibited. Reprinted under license from the American Land Title Association. , 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 acquires 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 B 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 par-ties included under the definition of Insured in the form of policy or policies committed for and only for actual loss 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 of 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 the 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 <http://222.alta.orq/ >. Copyright 2006-2009 American Land TiUe Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of ilse. All other uses are prohibited. Reprinted under license from the American Land Title Association. \ 4â€¢,1Â·i< CAN IA< 1. 'i illi Attorneys i.'1& ..\ Artieric;ut Land Title Association Coninlitment Title Guaranty 4 Fund, Inc COMMITMENT NO. PC2011060()5277 File No. PC11002830 SCHEDULE A 1. Effective Date: 6/14/2011 at 7:45 A.M. 2. Policy or Policies to be issued: Preniiuni A. ALTA Owner's Policy (06/17/06). Amount~ il...in Proposed Insured: Princess pow LLC, a Colorado limited liability company B. ALTA Loan Policy (06/17/06), Amount ~IIl/< - Proposed Insured: First Republic Bank and/or its successors and assigns as their interests may appear Certi ficale of Taxes Due ....I Endorsements: 130, 110.1, 4.1-06,100,8.1-06, 6-06 1- Additional Charges: ,".I Total - 3. The estate or interest in the land described or referred to in this Commitnient and covered herein is vested in Charles W. Proctor, Sr., as trustee of the Charles W. Proctor, Sr. Revocable Trust, trust agreenient dated October 31, 2007 and Judith W. Proctor, as trustee of the Judith W. Proctor Revocable Trust, trust agreement dated October 31,2007 4. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Siniple 5. The land referred to in this Commitment is situate in the county of PITKIN, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 904 East Cooper Avenue, Unit 2, Aspen, Colorado 81611 Winter T. Van Alstine Authorized Officer or Agent 2622 Member Number FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phone: (970) 925-5625, Fax: (970) 925-7348 Copyrigh[ 2006 2009 American L.and Title Association. AM rights reserved. The use of this Fonn is restricted to ALTA ticenters and ALTA member, in good standing ag of thedat-1' use Ail other i,ses ,ite proltibited. Reprinted underlieense from the Ainericati Lund l'itte Ahsociation. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201106005277 FILE No. PC11002830 SCHEDULE B - Section 1 - Requirements The following are the requirements to be complied with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. e. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. f. A Certi fication of Taxes due listing each taxing jurisdiction shall be obtained from the Couiity Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). g. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. h. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Charles W. Proctor, Sr., as trustee of the Charles W. Proctor, Sr. Revocable Trust, trust agreement dated October 31, 2007 and Judith W. Proctor, as trustee of the Judith W. Proctor Revocable Trust, trust agreement dated October 31, 2007, to Princess Pow LLC, a Colorado limited liability company, the proposed insured, Schedule A, item ZA. NOTE: C,R.S, Â§38-35-109(2) required that a notation of the put-chaser's legal address, (not necessarily the same as the property address) be included on the face of ihe Deed to be recorded. i. Record a Statement of Authority to provide prinia facie evidence of existence of Princess Pow LLC, a Colorado limited liabilly company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Â§38-30-172. j. Record a Statement of Authority to provide prima facie evidence of existence of the Charles W. Proctor, Sr. Revocable Trust, ati entity capable of holding property, mid the name of tile person authorized to execute instruments affecting title to real property as authorized by C.R.S. Â§38-30-172. k. Record a Statement of Authority to provide prima facie evidence of existence of the Judith W. Proctor Revocable Trust, an entity capable of holding property, ancl the name of the person authorized to execute instruments affecting title to real property as authorized by C.R,S. Â§38-30-172. 1. Certificate of good standing from the Colorado Secretary of State for Princess Pow LLC, a Colorado limited liability conipan.y m. A true and correct copy of the trust agreement which creates the Charles W, Proctor, Sr. Revocable Trust, providing, among other things, the designation of the trustee(s) and specification of the trustee(s) powers under the trust. n. A true and correct copy of the trust agreement which creates the Judith W. Proctor Revocable Trust, providing, among other things, the designation of the trustee(s) and speci fication of the trustee(s) powers under the trust. o. Deed of Trust from Princess Pow LLC, a Colorado liniited liability compan), to the Public Trustee of Pitkin County for the benefit of First Republic Bank to secure an indebtedness in the principal sum of $1,500,000.00. p. Evidence to the Company that all assessments and liens due under the Declaration referred to in Schedule B have been paid. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. Â§39-22.604.5 (non-resident withholding). American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201106005277 FILE No. PC110{)2830 SCHEDULE B - Section 1 - Requirements Note: Effective September 1, 1997, C.R.S. Â§30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any document that does riot conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and recorder for rec.ordation niust be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor (seller) or grantee (buyer). C(ippight 2006 2009 Ampri~ an l.md lille Assoriation All rights re.enÂ·ed. The use of this Form is restrieted to Al.1 A licÂ·msre. and Al.TA memt)Â·rw iii gof,(1 51;inding a. of Ille dill{' n f tw. Alh,Ilirr uscs are prohibited. Reprinted under licerrir frim the Ametican Land litle ARicÂ·lation. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201106005277 FILE No. PC11002830 SCHEDULE B - Section 2 - Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of tile Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitnient. 6. Taxes and assessments for the year 2011 and subsequent years, a lien not yet due or payable. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for tlie City and Townsite of Aspen dated January 29, 1897, and recorded March 1, 1897, in Book 139 at Page 216, as Reception No. 060156. 8. Exceptions and reservations as set forth in the Act authorizing the issuance o f the Patent for East Aspen Additional Townsite and reservation o f a right o f way for ditches and canals constructed by the authority of the United States as set forth in said Patent dated Auguste 21,1958, and recorded August 29, 1958, in Book 185 at Page 69, as Reception No, 106874, 9. All ores and mineral and mineral bearing rock embraced within all that certain tract and parcel of land as reserved in the Quit Claim Deed dated June 15, 1891, and recorded June 16, 1891, in Book 93 at Page 165, as Reception No. 041812, and in the Deed dated January 29, 1894, and recorded February 8, 1894, in Book 131 at Page 81, as Reception No. 054209, and in the Quit Claim Deed dated October 15, 1984, and recorded October 25, 1984, in Book 475 at Page 676, as Reception No. 2635,t8. 10. Terms, conditions, provisions, agreements and obligations specified under the Condominium Declaration of 904 East Cooper / 312 West End Condominium dated January 31,1997, and recorded February 21, 1997, as Reception No. 401959, and the First Amendment to Condominium Declaration of 904 East Cooper / 312 West End Condominium, a Condominium, dated November 17, 1997, and recorded November 24. 1997, as Reception No. 410986. 11. Any and all notes, easements and recitals as disclosed on the recorded Condominium Map of the 904 East Cooper / 312 West End Condominium recorded February 21, 1997 in Plat Book 41 at Page 97, as Reception No. 401958, and Amendment No. 1 to the Condominium Map of the 904 East Cooper / 312 West End Condominiums recorded November 24, 1997, in Plat Book 44 at Page 27, as Reception No. 401982. 12, Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed Restriction Pursuant to Section 5-510 of the Aspen City Land Use Code dated July 24, 1995, and recorded August 16, 1995, as Reception No. 384424, and the Accessory Dweiling Unit Deed Restriction Pursuant to Section 5-510 of the Aspen City Land Use Code dated July 24, 1995, and recorded August 16, 1995, as Reception No. 384425. 13. The language below is hereby modified to read as follows: "The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule B - Section 2, the following items: (1) the mortgage, if any, required under Schedule B - Section 1, Item (c); (2) water rights, claims or title to water." American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201106005277 FILE No. PC110()2830 SCHEDULE B - Section 2 - Exceptions The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule B - Section 2, the following items: (1) the mortgage, if any. required under Schedule B - Section 1, Item (c); (2) unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water: (3) any and all unpaid taxes, assessments and unredeemed tax sales. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7, Paragraph G requires that every title insurance compatiy shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment. other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent. conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed, Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from tile policy(s) to be issuerl hereunder 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against nieclianic's and materialmen's liens not filed. D. Any deviations from conditions A through C above is subject to such additional requirements or information as ATGF may deem necessary, or, at its option, ATGF may refuse to delete the except ion. Note: The following disclosures are hereby macie pursuant to Â§C.R.S. 10-11-122 i. The subject property may be located in a special taxing district ii. A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the County treasurer's authorized agent iii. Information regarding special districts and the boundaries of such districts Iray be obtained from the board of county commissioners. the county clerk and recorder or the county assessor. Note: If there iS recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, and there is a substantial likelihood that a third party holds some or all of the ownership interest in oil, gas or other mitierals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject properly without the surface owner's permission. Copyright 2006-2009 American landlitle Auociation Aillights te.erved. 11,e use o f ihis Form is restricted to ALTA lice:ibetÂ·sand ALTA Inembeth iii good slanding as â€ž1 the date oi w . All othertiseN are proltibited. Reprinted undet licÂ·enqe from the Atnerican 1.and Tille. Association. SCHEDULE C File #: PC11002830 CONDOMINIUM UNIT 2, 904 East Cooper / 312 West End Condominium, accoiding to the Amendment No. 1 to Map thereof recorded November 24, 1997, in Plat Book 44 at Page 27 as Reception No. 401982, and as defined and described in Condominium Declaration of 904 East Cooper / 312 West End Condominium, recorded February 21, 1997, as Reception No. 401959, as amended by the First Amendnietit thereto recorded November 24, 1997, as Reception No. 410986, Pitkin County, Colorado. 9== ATTORNEYS TITLE ~~ GUARANTY FUND, INC. Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. You have a right to know how we will utilize the personal information you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: â€¢ Information we receive from you on applications, forms and in other communications to us, whether iii writing, in person, by telephone or any other means: â€¢ Information aboul your transactions with us, our agents, or others; and â€¢ Information we receive from a consumer-reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us: or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our agents or affiliated companies. Such affiliated companies include Attorneys Title Insurance Fund, Inc., ATGF's reinsurer and parent company. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals atid entities that need to know that information to provide products or servic.es to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently niaintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 1 1 -I - Ch, i. h . . 1 . *111114%41 :i- , . .....4 - 4.4, 94#01111 111 Â¥ '4 -"Ii'"I'l- ,Â·, ill"llit - 44.1 'tyl i'l'lli Xe 1Â·1 .<4'' . 1)'1ic! 11 f 4/In.Irt k.......--......':9Â· 1 14~,1 V L Â·h ...,#.<- . D 'Â· - 12* - 1 / , 5 1. 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I. 1 I . ...2: L.....t:,12*k#2~ '' 4, 19 ' . *. --r - .9 ': 1. k - - .7- ; -2.4 ,\ 1 f 'r \Afl 4.4 \ r 12 - %4 J 4 â‚¬2 ' I ~-'aN ; i - L, ...t-1)~1 rk, L. ' 2 - 039OdONd | MBIA 33dOOD 1SV3 3=!=1!NN 1 00000000000000 al LAÂ«h 001 gly-,7 C J . 1 1 0 - 1 .ILL!Â»14.4-_ n - Il * 4 Jkk6,. 3. 1 (03 3 Lj LL- I lili L L 49-* Ul/~-15 / C 1 9 1/ Aledâ‚¬:n _ â‚¬J :.c.. Â« , I V#V B fc Â¢ . \ atwi- 1 1 0% 4/4 gk 2**'&04,*th@944*2 650*40#k?* Fvt 9~:7>172*feaÂ·'t"f~~flellftÂ·\*~~IlY#UtÂ·127 17*%72!*1 f Rah Â»n 4(, 3 1 1 - \1-3\-P j i I ,i iÂ© SOUTH FIESTEND STREET 1 M NEE' E 904 E. COOPER AVENUE CHARLES CUNNIFFE ARCHITECTS i E geci &5 p J > 2 9 C 0 8 --1. - a> Cm 904 E. COOPER AVE 610 EAST HYMAN AVE. I ASPEN, CO 81611 I TEL: 970.925.5590 I FAX: 970.920.4557 3 %1&1% E ASPEN, COLORADO 398 W COLORADO I TELLURIDE, CO 81435 I TEL: 970.728.3738 1 FAX: 970.728.3940 3 1..1 EAST COOPER AVENUE NV-Id 31IS ON 133HS CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY)and t;PiweÂ·649 â‚¬0\N , l.1,0 94> MBriÂ·aviZe, 1506Â·Sk.0 (hereinafter APPLICANT).AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for A-\6, rthc.e. f.rm*Real,4.eU-i-a] Pâ‚¬.920MS+BE#Apde. â‚¬kcAtew 14.4-to. 0Â«>.DCs>(B>*Cb> (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land ' Use applications and the payment of ali processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the . full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impractical)le for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 72; 6 which is for 1~4Â¥14.(33 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: , By: -7 Chris Bendon Community Development Director Date: Billing Address and Telephone Number: 509 Wiet 24Â·Hiet. 14â‚¬u) Yer 12., h)~,1 10Â£Dll (.7-fÂ© 600- 1 889 .. ATTACHMENT 2 -LAND USE APPLICATION ZOJECT: Avart:auce Â·?rÂ©Iu geetcle*114|De'&[Â§14 91944Â·84,9ectzoM*0,40. 040.PC-4)(*)44:0 anie: PAO/40 FOU)/ l-LO ocation: 904 8. aceÂ¤"/4,6., Ltots K,,L, Fe, 60*36/ily. A,pA#Adcli.fig,K, C,4~~* (Indicate street address, lot & block number, legal description where appropriateff-060,1942 otÂ·,4pal,A arcel ID # (REQUIRED) 2.-7 0-1- 1 1933 le4Â£p PPLICANT: ame: pr <Mc.ge 'Fb W, LI,6 40 /'Aar.(30~1â‚¬ Dogek'/1 ddress: 609 Weet 2.4 10k StÂ·, NewYork> NY lood ione #: (2-l'20 G Â£â‚¬2 -61 569 EPRESENTATIVE: ame: 614-arle, duviiAigÂ©a. Amh i.hz. chi ddress: 6 [0 5, HO MRA+ZV A* paA, 60 Fl 6,( 1 ione #: (91Â©) 435 - 66to IYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map A-mendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion g Residential Design Variance U Lot Line Adjustment U Other: E Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) T'IA-660Atk (64'reet +32#534-ac-ade af- =1-WOÂ®wnkonie d,uple* 11-as a net~- orÂ·1-kojo&1291 WAdefu jrwup'vg wAGA doet wot 14Â»80 a ne (A.}iM dow 2002 LOPOSAL: (description of proposed buildings, uses, modifications, etc.) Ar44%44â€¢ 4-a *ece,cl noM-e rtko~o,tal w i,ducu~ roupt M af-14Â£ eecm#d storâ€ž aljia# to .142.-"A+1(Ad ne14-or.1'kfliA491 Â£01 tAckal,0 0'nDU.~9I ~,~ 4141Edt Go,4-1. i144Â£6 9 leâ€¢~~ -/'tte.'rÂ»o,Fse-gtÂ¥-. ve you attached the following? FEES DUE: $ 766 , 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 StandÂ·ards 3-D Model for large project 1 plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text icrosoft Word Format) must be submitted as part of the application. Large scale projects should include an ctronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0000 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: 14-Var ?Buce-%-ovu Re,lcIM+bal tes@M Staxida,d&, 5echA,4,410,040,pa-> Applicant: priM.c.â‚¬46 TD\A) ., Ll-C Ca> *10) Location: ciol- E. CboF>,Â¥,rÂ¥6., Lut~ K N-, BlÂ®ck.35/1 rl, E. A*pat A-44 ;1Â·cA , Ct -t~ 0. Zone District: 12 -AAF -recow>He'of,45,VeÂ« Lot Size: 4, ceo & F Lot Area: 0< Â¢:ae S F (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: 8/h Proposed: 9/A Number of residential units: Existing: \ Proposed: Number ofbedrooms: Existing: 4- Proposed: Proposed % of demolition (Historic properties only): 14/A DIMENSIONS: Floor Area: Existing: 14/Pr Allowable: 1'1/A Proposed: 8/A Principal bldg. height: Existing: , Allowable: , Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required. ~ Proposed. .% Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Â· Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required, Propose Combined Sides: Existing: 1 Required: Proposed. ~- Distance Between Existing 4 Requir03. Proposed: Buildings Existing non-conformities or encroachments: MID \A) iadow Zoa.e-,4eet,6,0% 26,4(00.04â‚¬>. DES)CZE) 6 FR-64 tcle,+(al Def<64 5-latÂ£43944 Variations requested: Add t.hA A-eMB (1) MoM- orthojewal (di pcle,00,Â·Dupfv$) Fure U-,44 -bo Sec>heM *. 440. 010. t:> 1-03) 66)04 1=t>â‚¬, ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GRE:ENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7, 8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7, 8, 10, 11, 12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7,13,14,35 P& Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P&Z 10 CONDITIONAL USE 1-7,9,17 P&Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P&Z 10 on nature of the Special Review Request. SUBDIVISION 1-7, 18, 19,20,21,35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19,20,21,35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7, 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER I & RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z ORDRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 fur P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL -P & Z, AND CC 20 for P&Z and CC (Submit FINAL-P & Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION FIJI) 1-7,35 P & Z, AND CC 20 VICINITY MAP 4 \ \ 0- , \ \\ 0. Â» . //0/ \X. f HOPKINS ~ .1 HYMAN 1 1 1 COOPER INDEPENDENCE PASS /0 00 0, 1 1 44 6,9 A St\DURANT . 1 1 SITE- / WATERS CAÂ»Â£&*2 , Ikk' E.#....WIÂ» * ' % i' 'i \ ~ ' \i -,r- f, I \U -- .1 I + 4 4 I f . 2-/4 - &%1. \ 213 ->-6794--9. 3141' ... - '\ 0+%4 (:,4- 27:.~,;.:&, jt--9 , I ' #VI- 1 - , ; -0 -f-7Â·Fr- r.' .1 . i) 65; p. .14. i ' -ft Â»24 .... 1 % i - *. 4 *%# .- 1 ?6 ,, t ... r ... .... . . A., 1 â€¢9 b - u - . 4 6 *6%74~0f 1 - 11/~. 4)L.i. I ' 1 7-1." B %.0~.â€ž â€ž~ I r.9 + Et 0 13: W. ' 1 0/1 0 6 - -4-4 *'iy~*E b'- t / -r 4/- ~~c////~ t I 4 ' 4/5- 'Aftit./A -4. '61'iff-1 /4///// ' /LAT*fÂ· aEÂ¥1â€ž.AÂ» t. - - I I i -I C -# *47B <4.,id . 1 4*.~,~ '1 7 I /21. .-5- 6 j ; I I - 1-1.14, t i ... 1 Â·'-- Â· 0 A. , I . t. '''A~ En*~22-2~ / / -4 $,2.7 -'.774>. 1.~ f 14 R;3.--14--aed-41=Sup- --%.- -...A=-..=el- 2 24*=321261=C - + Â¥. *,49 . ~- fo ' ..... :-<9.:C. aÂ·#2'At"Â·~ , V -- -- + - :=--2-4=- Â¥ 614 kile- * 1 , 4,1 04 - 1...... 1-* . , 39.,2- ----'m .. 7 * .,4 - 4 - . 91' . '.&'ll . 47,4 d ....U L 4 1 ,-19#/ - 3% C $3 0 - 4 .1 3 1 - + & 12 - -.1.-,4 +14 F 1 1/ 4 / ... .///mue / ..P- t .:....14 4 08, . Mj-*-.i - 1 --=912 6 I. he Â· 0 2 - 4_- 4 - - d.6- 1- - IL -4.1.- ///I--- 1 ,"' A* :TZ#51c< : z --21 4, - Ir - i t.0 2 r-- â‚¬7 W t _- 1 41 1- 70 - .4 -L..: . I ,--- .b $ . Â· â‚¬ - 2.1.-,9.94 ..: 4 ,- 4 1 ./ 9 -1 id, I-- 1 -- - . 1. y 9- h.:- .4 1 4 L d~ - + I. i= _4.- 2. . - --Â·-4~al- /.../ 1.5-/. I 1% 1 4 - 1- 5 1 1--02 - t=LI.â€¢- , 1 -Ual> 1 . =g -1 v Â· Â·Â·Â· i2 t. â€ž i L '19. 4 e f #t 4 + &.. I -- 1 0 1 A f .....7 -7. -r-I-,: - - I .,44 .i - - + - 4, - 34 it 9-- 1 =lk- s 2 - : . 2> ./ / 3, - A *211Â·' â€¢..4.~fa k ~"*-* "-ke 1- 4.-- 32. i 1. b +9tj : 4. 1 . 3,1. 9 2 , 9[ ... â€ž .0.,4 - 1 ' - . i e. ' *4 .1 ' I.- 9 .45 &, Â·9' 17, I r 0~ 4/4 1 . . 4.?.t........~. â‚¬ All '3Â· I. - tr i. 1 - 44 I. - 412 @. EAST COOPER VIEW I EXISTING EAST COOPER VIEW I PROPOSED 86153 CHARLES CUNNIFFE . rÂ·. - , i i- r-- /Â·4 -F B THE CITY OF AspEN Land Use Application Determination of Completeness Date: October 24, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0067.2011.ASLU -904 E. Cooper. ~4 Your Land Use Application is incomplete: 1 We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) The title commitment is not current and shows ownership of the property to be vested in the Charles W. Proctor, Sr. Revocable Trust and not Princes POW, LLC. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 01 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. TU*You, Jennifer Phelanr<Deputy Director City of Aspen, Community Development Department For Office Use Onlv: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes- No_>pc Subdivision (creating more than 1 additional lot)- GMQS Allotments Residential Affordable Housing Yes No b<- , Commercial E.P.F. l RECEPTION#: 580926, 06/30, 1 at 03:15:32 PM, 1 OF 3, R 00 DF $310.00 Janice K. Vos Caudill, Pitkin County, CO Doc we 11 3 1 0.00 WARRANTY DEED THIS DEED dated .3~) June 2011, is granted and made by and between CHARLES W. PROCTOR, SR., AS TRUSTEE OFTHE CHARLES W. PROCTOR, SR. REVOCABLETRUST, trust agreementdated October 31,2007 and JUDITH W. PROCIOR, AS TRUSTEE OF THE JUDITH W. PROCFORREVOCABLETRUST, trust agreement dated October 31, 2007 (the "Grantors") and Princess pow LLC, a Colorado limited liabilitycompany, whosemailingaddressis: 509 West24th Street, NewYork, NewYork 10011 (the "GranteeÂ»). WITNESS, that the Grantors, for and in consideration o f the sum of Three Million, One I lundred Thousand and 00/100 U.S, Dollars ($3,100,000.00) and no other good or valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant, bargain, sell, convey and confirm unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in the City of Aspen, Pitkin County, Colorado, described as: CONDOMINIUM UNIT 2, go4 East Cooper / 312 West End Condominium, according to the Amendment No. i to Map thereof recorded November 24, 1997, in Plat Hook 44 at Page 27 as Reception No. 401982, and as defined and described in Condominium Declaration of 904 East Cooper / 312 West End Condominium, recorded February 21, 1997, as Reception No. 401959, as amended by the First Amendment thereto recorded November 24,1997, as Reception No, 410986, Pitkin County, Colorado; and is also known bystreet address as: 995[Pst Cooper Av,nue, Unit 2, Aspen, Colorado 81611. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns furever. The Grantors, for themselves and for their successors and assigns, do covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's successors and assigns that at the time of the ensealing and delivery of these presents, the Grantors are well seized of the premises above conveyed; have good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except 1. Taxes for 2011, not yet due and payable. 2. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen dated January 29, 1897, and recorded March 1, 1897, in Book 139 at Page 216, as Reception No. 060156. 3. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent fur East 'Aspen Additional Townsite and reservation of a right of way for ditches and canals constructed by the authority of the United States as set forth in said Patent dated August 21, 1958, and recorded August 29, 1958, in Book 185 at Page 69, as Reception No. 106874Â· Cf i 7- O .49226 HAS'f 12,4.!D CITY OF AVEN WITtER FAin DATE GIP NO. DATE FIE, NO. ~11 45 Nol-73> 4 3 45 040173 9,1 RECEPTION#: 580926, 06/3 11 at 03:15:32 PM, 2 OF 3, Janice K. Vos Caudill, Pi ~..... n County, CO WARRANTY DEED Charles W. Proctor, Sr. As trustee of the Charles W. Proctor, Sr. Revocable Trust and Judith W. Proctor, as trustee of the Judith W. Proctor Revocable Trust to: Princess pow LLC, a Colorado limited liability company 4, All ores and mineral and mineral bearing rock embraced within all that certain tract and parcel of land as reserved in the Quit Claim Deed dated June 15, 1891, and recorded June 16, 1891, in Book 93 at Page 165, as Reception No. 041812, and in the Deed dated January 29, 1894, and recorded February 8, 1894, in Book 131 at Page 81, as Reception No. 054209, and in the Quit Claim Deed dated October 15, 1984, and recorded October 25, 1984, in Book 475 at Page 676, as Reception No. 263548. 5. Terms, conditions, provisions, agreements and obligations specified under the Condominium Declaration of 904 East Cooper / 312 West End Condominium dated January 31,1997, and recorded February 21, 1997, as Reception No. 401959, and the First Amendment to Condominium Declaration of 904 East Cooper / 312 West End Condominium, a Condominium, dated November 17, 1997, and recorded November 24,1997, as Reception No. 410986, 6. Any and all notes, easements and recitals as disclosed on the recorded Condominium Map of the 904 East Cooper / 312 West End Condominium recorded February 21, 1997 in Plat Book 41 at Page 97, as Reception No. 401958, and Amendment No. 1 to the Condominium Map of the 904 East Cooper / 312 West End Condominiums recorded November 24,1997, in Plat Book 44 at Page 27, as Reception No. 401982. 7. Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling Unit Deed Restriction Pursuant to Section 5-510 of the Aspen City Land Use Code dated July 24,1995, and recorded August 16,1995, as Reception No. 384424, and the Accessory Dwelling Unit Deed Restriction Pursuant to Section 5-510 of the Aspen City Land Use Code dated July 24, 1995, and recorded August 16,1995, as Reception No. 384425Â· And the Grantors shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and its successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. CHARLES W, PRIC -TOR, SR. REVOCABLE By:d:~f~f- pilÂ» t dated October 31, 2007 Charles W. Ptoctor, Si, TrAtee Page 2 of 3 OIâ€¢ RECEPTION#: 580926, 06/30 1 at 03:15:32 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED Charles W. Proctor, Sr. As trustee of the Charles W. Proctor, Sr. Revocable Trust and Judith W. Proctor, as trustee of the Judith W. Proctor Revocable Trust to: Princess pow LLC, a Colorado limited liability company State of N C. ) 1 ss. County of W:\le j The foregoing Warranty Deed was duly executed and acknowledged before me this 1-7 ' day of June 2011, by Charles W. Proctor, Sr., Trustee of the Charles W. Proctor, Sr. Revocable Trust. Witness my hand and official seal. My commission expires: ju-)1Â· St613 Notary Public /KlOTAI?,39\ My Comm Exp. E JUDITH W, PROCrOR REVOCABLE TRUST, Oclobo, 21,20 13 5 trust agreement dated October 31,2007 ~ * '~UBUC . f ... 4, '4,4,-COUNd-42, By: Qu.1,0 \13 9/ux-Ao ,fFAuSCE- Joith W. Proctor, Trustee State of UC ) SS. County of U 'Alle ) The foregoing Warranty Deed was duly executed and acknowledged before me this '714 day of June 2011, by Judith W. Proctor, Trustee of the Judith W. Proctor Revocable Trust. Witness my hand and official seal, My commission expires: 1,Â·.41,1 3 <bul/7\ Notary Public 21*i;14% ed?~ d' ''. + *OTAR, 1% My Comm. Exp. October21,2013 tb +UB LIC ~.2 "'i,Sillts>* Page 3 of 3 ~ANEâ‚¬0~ 77 37- lâ‚¬2 5 - log- G 006-1 Â· 7.oil - Ablal .@0 Elle Edit Record Navigam Fem Repor& Format Iab Belp ii@* IX , e 4 ~I li il 0 3 Â°2 d'~ i N 4 / ,j 0 il uk lump i : *]i Ole~ i 2 41 ~1 2 31 3 ''li@ 3 00 0 991 Routing 5tatus ~Feei |Fee jummarg ~~| Actions | Attachments |Routing History |valuation |ArchIEng |Custom Fields |Sub Eermits 1 I I.'.'ll/"* ....'I. dt '1* JU...... r.~ il Permit type aslu i - Aspen Land Use Permit # 0067.2011.ASLU 1 ~ Address 904 E COOPER AVE Apt/Sulte * City ASPEN State~--~ Zip 81611 * 4.4,.61-Il.Ji:Ukil~I|Ill~~ Permit Informabon ..â€ž0..,.,en:+-,:i."-i,-~~i,m~ ~ r*~*~ ,/;-74.;1:1~ 1='r~~ Master permit Â·Â· Routing queue aslu07 Applied 1 020/2011 r '~ Project ' Status pending Approve' Description RESIDENTIAL DESIGN VARIANCE Issued Closed/Final %1* m Submitted JANVER DARRINGTON 925 5590 Clock ~JIIing~ Days ~--6~ Expires 1 0/14/2012 v ,~ 1 Ittip Ek. Submitted via 'Ci,4 29 ME Owner <%1 Xle: ..+~ Last name PRINCESS POW LLC First name 509 W 24TH ST f. NEW YORK NY 10011 '49* Phone (648) 623-3626 Address 1* .F 22 Appitant E Owner is applicant? E Contractor is applicant? Last name CHARLES CUNNIFFE ARCH First name Phone (970) 925-5590 Cust # 26200 " Address Ft Lender 1*40 f Last name , Â· First name 'fs Phone ()- Address Cst,kiâ€¢ *9W iktplays the permit lende~'$ addies: .:.....*46 3 **$%#Mut pyÂ®ia :94...*4*9 u~9U-t.E:rJ +.- 4Â£ -..,*iÂ»4**c_ A,penGold51=yer] angelas ~ 102 1 ~ ,4 dofflot 7 G f--1,0 AMT 73 5-- 0-1) ID | se'ON '10'ne~ 1 xoqlooll I sdno,g ge-1-1