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HomeMy WebLinkAboutcoa.lu.su.420 Thunderbowl Ln.0058.20110058.2011.ASLU 420 THUNDERBOWL•L-A*E 2735 14 3 10 001 INSTUBSTANTIAL PUD AMENDMENT 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0058.2011.ASLU PARCEL ID NUMBERS 2735-14-3-10-001 PROJECTS ADDRESS 420 THUNDERBOWL LN PLANNER SARA ADAMS CASE DESCRIPTIO INSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE JEFF ORSULAK DATE OF FINAL ACTION 2.3.12 CLOSED BY ANGELA SCOREY ON: 2.10.12 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: /v , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) �� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: `rSX 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 of Notice" was acknowledged before me this day of , 20f 2, by-,�..��, �. WITNESS MY HAND AND OFFICIAL SEAL My commission xpires: sTgTf CF•G��c _&� . �Itary Public ATTACHMENTS: COPY OF THE PUBLICATION PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site -specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68, Colorado Revised Statutes, pertain - in to the following described property: Parcel ID p2735-143-10-001. Legally described as Lot 1, Block A of the Aspen Highlands Village Planned Unit Development/ Subdivision, City of Aspen, Pit - kin County, Colorado, more commonly known as 420 Thunderbowi Lane, Aspen, Colorado. The ap- proval grants an insubstantial amendment to the Aspen Highlands Village Planned Unit Develop- ment/ Subdivision. The request is to reconfigure the building envelope and the activity envelope of Lot 1, Block A with no change in square footage. The changes are depicted in the land use applica- tion on file with the City of Aspen. For further in- formation contact Sara Adams at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429-2778. City of Aspen Published in the Aspen Times Weekly on February 9, 2012. [7540571] r0--00I OoSg ZO(( . At✓vi ? :-I11J A A File Edit Record Navigate Farm Reports Format Tab Help ►x A Jump lr Rotting Status Fees Fee Summary. Main &[lions Attachments Routing Ristory Valuation Arch jEng i Custom Fields 1 Sub Permits 1 Permit* 0058.2011.ASLU Permit type aslu iAspen Land Use H- Address 420 THUNDEREXL LN Aptj5uite °o City ASPEN State CG Zip 81611 z Permit Information Master permit �j �_-----1 Routing queue aslu0r Applied 8T25I2011 z Project Status Fer�irg _ Approved` c Description INSTUBSTANTIAL PUD AMENDMENT Issued ClosedjFinal Submitted JEFF ORSULAK 927 8473 Clock Running Days a Expires 8119T2012 Submitted via i Owner Last name IASPEN HIGHLANDS VILLA( First name 197 PROSPECTOR RD C2101 Phone ( ) Address ASPEN CO 81611 Applicant ❑ Owner is applicant? Contractor is applicant? Last name AQUA 2322 CORP First name 104 PALOMA DR CORAL GABLES FL 33143 Phone (415)775-7374 1 Cust # 29106 Address Lender Last name First name Phone ( ) Address Displays the permit lender's address GIG Y 3022� o-D AspenGold5 (server) angelas _ 1 of 1 Ca DEVELOPMENT ORDER 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 (3) -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 the change is accomplished or 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: Aqua 2322 Corp., 104 Paloma Drive, Coral Gables, FL 33143, 415/775-7374 Legal Description and Street Address of Subject Property: Lot 1, Block A, of the Aspen Highlands Village Planned Unit Development/ Subdivision, Aspen, Colorado, also known as 420 Thunderbowl Lane, Aspen, Colorado. Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment to Aspen Highlands Village Planned Unit Development/ Subdivision to reconfigure the building envelope and the activity envelope on Lot 1 of Block A of the Aspen Highlands Village PUD. Land Use Approval Received and Dates: Administrative approval granted February 3, 2012. Effective Date of Development Order: February 9, 2012. (Same as date of publication of notice of approval.) Expiration Date of Development Order: February 9, 2015. (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.) Issued this 3`d of February 2012, by the City of Aspen Community Development Director. Community-13 City of Aspen &OTICE OF APPROVAL For an Insubstantial PUD Amendment to Aspen Highlands Village PUD for Block A, Lot 1, aka 420 Thunderbowl Lane Parcel ID No.: 2735-143-10-001 APPLICANT: Aqua 2322 Corp. 104 Paloma Drive Coral Gables, FL 33143 REPRESENTATIVE: Lipkin Warner Design & Planning LLC Jeffrey Orsulak 701 E. Valley Road, Suite 201 Basalt, CO 81621 970/927-8473 SITE OF AMENDMENT: Lot 1, Block A of the Aspen Highlands Village PUD/Subdivision, more commonly known as 420 Thunderbowl Lane SUMMARY: The applicant requests an Insubstantial PUD Amendment to amend the existing building envelope and activity envelope of Lot 1, Block A to accommodate a new spa and associated landscaping. There is no change to the actual size of the building envelope or the activity envelope. STAFF EVALUATION: The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD Amendment (Exhibit A) as the changes are minimal. The Aspen Highlands Village Association supports the request as indicated in a letter dated July 8, 2011 that was submitted with the application. DECISION: The Community Development Director finds the Administrative Application for an Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the request. AP OV " �N is Bendon, Date Community Development Director Attachments: Exhibit A: Review Criteria Page 1 of 2 EXHIBIT A Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The there is no increase in coverage. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. The building envelope size and activity envelope size does not change. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. There is no increase in residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the approved use and does not require a dimensional variation. Page 2 of 2 0 E Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, October 18, 2011 12:47 PM To: 'jeff@lipkinwarner.com' Subject: 420 Thunderbowl plat Hi Jeff: I just received the Thunderbowl plat as Sara is out of the office; however, the owner's certificate was not completed as it was not notarized. Please have someone come and get the plat so it can be properly signed. Thanks, Jennifer jonvu� PheULt , AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com ti 0 {�j !r �� iR `j1� ggl� g!■!I �ipt jj t���i�r .•� ��. 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I �I` pWq I � ILI i.i .j—li m C < ATTACHMENT 2 —LAND USE APPLICATION PROJECT: t^� 4��` Name: 420 Thunderbowl Lane v/ Location: 420 Thunderbowl Lane Aspen Highlands Village PUD Block: A Lot: 1 Indicate street address, lot & block number, legal description where appropriate Parcel ID # (REQUIRED) 71){j • • ID •0°1 APPLICANT: Name: Aqua 2322 Corp Address: 104 Paloma Drive Coral Gables, FL 33143 Phone #: 415.775.7374 REPRESENTATIVE: Name: Jeffrey Orsulak of Lipkin Warner Design & Planning LLC Address: 701 East Valley Road Suite 201 Basalt, CO 81621 Phone #: 970.927.8473 x15 Tvvr (lr APPI If ATMN- fnlPnce rherk nll that annlvl- ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Grcenlinc, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ® Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Single Family residence within the Aspen Highlands Village Subdivision PUD ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: Insubstantial PUD Ammendment PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Insubstantial PUD Amendment to the shape of the development envelope for 420 Thunderbowl Lane of the Aspen Highlands Village Subdivision and PUD with no net increase in the area of the envelope. L._.... ..�.a..,.1.,..J aI.,. C 11,....:....9 Imo•vvL n,,v. Q 947.00 ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. F a Ark .rIY �- I OLF COURSE92) •• •�� wry; � / r �--' � Yl ✓ � , � '.%ivy � _-�'- ' - ✓ �/y`'� { A Cl AUG 2 3 2011 CITY OF ASPEN commuo DEVELDPMEf�i CIA& 40' 1 v0 '�l °IP Line Table Line # Direction Length L 1 573'11 J7'W 16.56' L2 SO4 57'17'E 29.50' L3 N82'18'15'E 26.39' L4 S32'59 53'E 25.42' L5 N62'02 26 "W 18. 91 ' L6 S32'59 53'E 12.27' L7 N57'00'07 E 2273' L8 N09'45'10'E 6.61 ' L9 S84'03'l9"W 11.89' L 10 503724 21 'E 6.37' L 11 S09'45'10 W 31.92' L 12 S0457'17 E 3.48' L 17 N02758 26W 2.03' L 18 S84'03'l9 "W 4.82' ,l ■ V ■ s c f i ' Notioe: According to Colorado Low, you must commence any legal action based upon any defect in this survey within three years after r you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. C] 0 Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 82.30' 335.00' 14'04 J5" N7759 54 E 82. 10' C2 86.38' 189.85' 26'04 05" N57'55 J4'E 85.63' C3 81.85' 50.00' 93'4737" S17'45'16'W 73.01' C4 6.82' 54.77' 7'08'12" S64 53 04'W 6.82' C5 14.03' 19.05' 42"12'11 " S86'38 43'W 13.72' C6 8.57' 30.61 ' 16'02 45" S54'58 29 "W 8.54' C7 48.45' 40.54' 68'2858" N21'1624 E 45.62' C8 3257' 30.61' 60'S738" N16'28'18'E 31.05, 'Amended Plat LodBlock A, Aspen VflllageP-U.D. PI tIfII1 Co un ty, Colorado Lot % Lot 6 �/ o w 0 PUbl�c R _ 30 __ -- Lane Sef ° e ehO S Thund �Pbor Acce�.s Rec.i � `v4514C3 w ` tv c� Ch N. Set 0V5 Rebar & Plostic Cap 2S 20133C o_ _ yBUildin9 driyeWay/Potkin9 Lot 2 \\\ \ Legend- (S) Sewer Manhole ® Gas Meter PVC Telephone Pedestal ® Boulder Retaining Wall No Parking Sign Deck Area W/Liv�Space Below Lot 1 0.927 a c. I 420 Thunderbowl Lane i 440 8 °' Ong a 8�1y ° G Iw ° I L10� Retainin Wofl Grate Found Red Plastic Cap / Marked LS 20133 / Z N 1. •J 1 1( CD p � ) Cf i O O � � ti h/ Comm on Area lA h, i j mo r & ,S& Easement r � Private Ski ` Easement ' � vl'0 i- WN i� i 20' Utili- -Ease-`5nt - - � Plat Book 47 Page 1 1 \`� UA QA- � (� L1-7 L y N� O Q� GRAPHIC SCALE 20 0 10 20 40 80 Found Red Plastic Cap Marked \ Hot l j o � LS 20133 o \ Flagstone (typ) Tub \ ,sso s �nv i i ao it J ' e I C6 ' r. �\ CJc to diRitOt L8 _ I Ertl 0 s �I L 12 rn � 1--25 sec f\ L, v � v \ �S ro be N_ p N En ed o r7 Q O OQ pcelifnln0 s?' n t N O - - ¢50L3 Found Re Plastic Cap Marked LS 20133 15 --- -- N82'18 L � .o ��m N Nam. 103 "� 3 ound Red Plastic Cap Marked Ls- 20133 ( IN FEET ) NOTES: I inch = 20 ft. - Basis of Bearings: Bearings shown hereon are relative to a bearing of N27'0028"W between the easterly most corner of Lot 1 and the northerly most corner of Lot 1, both corners being monumented with a rebar and plastic cop, LS � 20133. - Date of Survey: July, 2071. - Units of linear measurement: U.S. Survey Foot - The sole purpose of this amended plot is to amend the location of the building envelope and activity envelope. - This plat does not represent a title search by SGM Inc to determine ownership or easements of record. All information shown hereon regarding ownership, easements and other encumbrances of record was obtained from, and subject to a title commitment prepared by Stewart Title Guaranty Company, Order No. 949496, effective dote August 1, 2011. - SGM INC. will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy, of the information shown on any such copy, and to insure that no such changes have been made. - This amended plat is based on the final plat of Aspen Highlands V/lage P.U.D. recorded as Reception No. 423275 of the Pitkin County Records CERTIFICATION OF DEDICA T/0/V AND OWNERSHIP : AQUA 2322 CORPORATION is- the owner of certain lands in Pitkin County, Colorado being more particularly described as follows: LOT 1, BLOCK A, THE ASPEN HIGHLANDS VILLAGE P.U.D., according to the plot thereof recorded October 15, 1998 in Plot Book 47 at Poge 1 as Reception No. 423275 of the Pitkin County Records. AQUA 2322 CORP does hereby execute and record this AMENDED PLAT, LOT 1, BLOCK A, ASPEN HIGHLANDS P.U.D. for the following purpose: Amendment of the building envelope and activity envelope locations. The resulting square footage of these envelopes does not change. This amendment does not affect lot size or shape. Executed this day of 2011. • AQUA 2322 CORP By, ---------------------------- 0-------- STATE OF ------------- ) )SS COUNTY OF ------------ ) The foregoing instrument was acknowledged before me this --- -------------- ' aS ------------- -- WITNESS my hand and official seal My commission expires ______________. Notary Public COMMUNITY DEVELOPMENT DIRECTOR LJ day of _______________, 2011, by 10 6� +,It bloat-- 0 1AA., A- 9 This AMENDED PLAT, LOT 1, BLOCK A, ASPEN HIGHLANDS VILLAGE P.U.D. has been approved by the Community Development Director of the City of Aspen, Colorado, this ---------- day of ---------------, 2010, pursuant to Decision No. --------- recorded as Reception No. on ----------- 2011. Director PITKIN COUNTY CLERK AND RECORDER : l hereby certify that this A44ENDED PLAT, LOT 1, BLOCK A, ASPEN HIGHLANDS VILLAGE P.U.D. was accepted for recording in the office of the Clerk and Recorder of Pitkin County, this ------ day of --------- 2011 and is duly recorded in Plat Book ____ at Page ____ as Reception No. -----------------_ in the Records of Pitkin County, Colorado. Pitkin County Clerk and Recorder SURVEYORS CERTIFICATE 1, Stephen L. Ehlers, a duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that this AMENDED PLAT, LOT 1, BLOCK A, ASPEN HIGHLANDS VILLAGE P.U.O. is a true, correct and complete plot as laid out, plated, deoic hown hereon, that such plat was made from an accurate survey of said Lot 1, by me or and �iF rvision and correctly shows the location and dimensions of Lot 1 along with th location �r+sA-ar1 �ijf e amended building envelope and amended activity envelope. �N L, f Steph L. Ehlers LS • c e e ��i��Al LAN4 SJ�� 701 East Valley Rd. , Ste.201 T 970 927-8473 LIPKIN WARNER DESIGN & PLANNING. LLC Basalt, Colorado 81621 am F 970 927-8487 Transmittal Date: 23 Aug 2011 To: Jennifer Phelan City of Aspen, Planner From: Jeff Orsulak RECTIV,ED Re: 420 Thunderbowl Lane Via: Hand Delivery AUG 2 3 2011 CITY ut- ASPEN COMMUNITY DEVELOPMENT Jennifer, Enclosed you will find: 1. Deposit for review application 2. Letter of authorized representative 3. Title Commitment 4. Completed Land Use application 5. Signed Fee agreement 6. Pre -application conference summary 7. Proposed PUD amendment plat 8. Approval letter from HOA. Any questions, please call. Thank you, Jeff LOrsulak 970/927-8473 x 15 cc: file trans.jp.cityof aspen.082311.DOC Page 1 8/23/2011 701 East Valley Rd. Ste 201 T 970 927 8473 IAPKIN WARNER DESIGN & PLANNING Basalt, Colorado 81621 1F 970 927 8487 July 25, 2011 TO: City of Aspen Community Development RE: 420 Thunderbowl Lane authorization of representative Aqua 2322 Corp authorizes: Jeffrey Orsulak of Lipkin Warner Design & Planning LLC 701 East Valley Road Suite 201 Basalt, CO 81621 970.927.8473x 15 to act on the applicants behalf for the Insubstantial Planned Unit Development (PUD) Amendment for 420 Thunderbowl Lane. Thank You Aqua 2322 Corp 104 Paloma Drive Coral Gables, FL 33143 (415) 775-7874 P.IOFI Aspen stewart title East oki 620 East Hopkins Avenue View your transaction progress 24/7 via SureClose. Aspen, Colorado 81611 Phone:970-925-3577 Ask us about your login today! Fax: 970-925-1384 Date: August 12, 2011 Order Number: 949496 Buyer: Seller: Aqua 2322 Corp Property Address: 420 Thunderbowl Lane, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: SELLER: Aqua 2322 Corp 104 Paloma Drive Coral Gables, Florida 33143 LISTING BROKER: Lipkin Wanner Design & Planning LLC Attn: Jeffrey Orsulak Phone: (970)927-8473 (970)927-8473 Email Address: jorsulak@lipkinwarner.com Linda Williams Phone:970-766-0234 Email Address: lwilliam3@stewart.com SELLING BROKER: NONE Phone: We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by sitewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned:: A rizcdCountersignnature Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 �ft I- title guaranty company Senior Chairman of a Board Chairman of the Board Order Number: 949496 ALTA Commitment (6/17/06) • E COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 1, 2011, at 7:30 A.NI. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 949496 Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: AQUA 2322 CORPORATION, A DELAWARE CORPORATION 5. The land referred to in this Commitment is described as follows: Lot 1, Block A, THE ASPEN HIGHLANDS VILLAGE P.U.D., according to the Plat thereof recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275. COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: 420 Thunderbowl Lane Aspen, Colorado 81611 Statement of Charges: These charges are due and payable before a Policy can be issued: Order Number. StW� ALTA Commitmentent (6 (6/17/06) —Schedule A Title Officer: Linda Williams title guaranty company Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 9494% The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE AT THIS TIME NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance, and does not warrant, or otherwise insure, any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 949496 (6 CT' ALTA Commitment (6/17l06) — Schedule B 1 V � V Page 1 of 1 --title guaranty company • 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 9494% The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded January 19, 1892 in Book 55 at Page 20 as Reception No. 45510, and recorded April 7, 1903 in Book 55 at Page 507 as Reception No. 68137. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 25, 1957 in Book 181 at Page 506 as Reception No. 105258. 12. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting General Submission Approval to the PUD and Rezoning Applications of the Aspen Highlands Resort Order Number. ent949496 (6/I 7/06) - Schedule A 2 stewaft PageA Commitment tiof 5 title guaranty company Resolution No. 86-39 recorded July 18, 1986 in book 514 at Page 719 as Reception No. 279645; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Regarding the Disposition of the Aspen Highlands Resort Application that has been in Process Prior to the Adoption of Revised Growth Management Regulations of the Pitkin County Land Use Code, Resolution No. 95-10, recorded February 15, 1995 in Book 774 at Page 47 as Reception No. 379001; Resolution of the Planning and Zoning Commission of Pitkin County Colorado, Recommending to the Pitkin County Board of County Commissioners Approval of the Amended General Submission, Planned Unit Development Rezoning, 1041 Environmental Hazard Review, and Land Use Code Amendment Application for the Aspen Highlands Village Proposal, Resolution No. PZ-95-08 recorded November 17, 1995 in Book 799 at Page 976 as Reception No. 387488; Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting Subdivision General Submission, Planned Unit Development, 1041 Environmental Hazard Review and Special Review Approval for the Aspen Highlands Village Proposal, Resolution No. 96-141, recorded March 19, 1997 as Reception No. 402639; Resolution of the Growth Management Commission of the City of Aspen and Pitkin County, Colorado, Forwarding the Scoring on a Request from Aspen Highlands Village for Determination of "Exceptional" Project Status and Metro Area Multi Year Residential Allotments to the City Council and Board of County Commissioners and Recommending that the Board of County Commissioners and City Council Accept the Scoring and that the Board of County Commissioners Grant the Request Allotment GMC Resolution No. 97-7, recorded September 29, 1997 as Reception No. 408929; Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Granting Rezoning of the Aspen Highlands Village Site from AF-SKI, AR-1, R-30, AF-1 to AR-1 PUD/AHO-PUD, R-30 PUD, R-15 PUD, R-15 PUD/AHO-PUD, AF-SKI, AH-PUD/AHO-PUD and Amending the Official County Zoning Map, Ordinance No. 97-31, recorded November 25, 1997 as Reception No. 411003; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the Aspen Highlands Village PUD, Resolution No. 97-167 recorded September 30 1998 as Reception No. 422629; Resolution No. 39 (Series of 1998) A Resolution of the City Council of the City of Aspen, Colorado, Authorizing Execution of the "Agreement for Water Service Agreement" Relating to the Extension of Water Service to the Hines -Highlands Limited Partnership Property recorded October 5, 1998 as Reception No. 422779; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final Plat Approval to the Aspen Highlands Village PUD, Resolution No. 98-79 recorded October 15, 1998 as Reception No. 423268; Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the First Amendment to the Aspen Highlands Village Planned Unit Development Guide Regarding Floor Area Definitions recorded August 25, 1999 as Reception No. 434844. 13. Agreement and Declaration of Special Covenants, Conditions and Restrictions for Aspen Highlands Village as set forth in instrument recorded October 27, 1997 as Reception No. 409939. 14. Order of Inclusion, In the Matter of the Aspen Consolidated Sanitation District, District Court, County of Pitkin, State of Colorado, Case No. 83-CV-170 as set forth in instrument recorded December 9, 1997 as Reception No. 411462. Order Number. 949496 ALTA Commitment (6/17/06) - Schedule B 2 StWraft Page 2 of 5° guaranty company 15. Terms, conditions, obligations and provisions of City of Aspen, Raw Water Agreement, Irrigation, as set forth in instrument recorded October 5, 1998 as Reception No. 422780. 16. Terms, conditions, obligations, provisions and easements of City of Aspen Water Service Agreement as set forth in instrument recorded October 5, 1998 as Reception No. 422782. 17. Subdivision Improvements Agreement for the Aspen Highlands Village P.U.D. as set forth in instrument recorded October 15, 1998 as Reception No. 423271. 18. Terms, conditions, obligations and provisions of Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423272. 19. Terms, conditions, obligations and provisions of Residential Amenities Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423273. 20. Aspen Highlands Village Planned Unit Development Guide as set forth in instrument recorded October 15 1998 as Reception No. 423274, and Amended Aspen Highlands Village Planned Unit Development Guide recorded February 6, 2001 as Reception No. 451240. 21. Aspen Consolidated Sanitation District Preconnecti.on Agreement as set forth in instrument recorded October 15, 1998 as Reception No. 423276. 22. System Agreement by and between the Aspen Consolidated Sanitation District and Hines - Highlands Limited Partnership, a Delaware Limited Partnership as set forth in instrument recorded October 15, 1998 as Reception No. 423277. 23. Terms, conditions, obligations, provisions and easements of Highlands District Easement Agreement and Bill of Sale as set forth in instrument recorded October 15, 1998 as Reception No. 423281. 24. City of Aspen Easement Agreement (Water and Tank) as set forth in instrument recorded October 15, 1998 as Reception No. 423283. 25. Trench, Conduit, and Vault Agreement as set forth in instrument recorded January 11, 1999 ass Reception No. 426421. 26. Terms, conditions, obligations, provisions, easements of Aspen Highlands Village, Aspen, Colorado, Final Draft -Detailed Submission Consolidated Plan Map recorded October 5, 1998 in Plat Book 46 at Page 44 as Reception No. 423270. 27. Aspen Highlands Village: Detailed Submission Consolidated Plan as set forth in instrument recorded October 15, 1998 as Reception No. 423269. 28. Easements, rights of way and other matters as shown and contained on Plat of Aspen Highlands Village PUD recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275, and Order Number. Fs e w aft ALTA Commitmentent (6 (6/l7/06) - Schedule B 2 Page 3 of 5 title guaranty company • • Amendment to Existing Block "G" Access and Utility Easement recorded April 2, 2002 as Reception No. 465812. 29. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory to the City of Aspen, Colorado, to be known and designated as the "Aspen Highlands Village PUD" Annexation, as set forth in instrument recorded May 1, 2000 as Reception No. 442835. 30. Easements, rights of way and other matters as shown and contained on Annexation Plat of the Aspen Highlands Village PUD recorded May 1, 2000 in Plat Book 53 at Page 12 as Reception No. 442836. 31. Ordinance No. 36 (Series of 2000) An Ordinance of the City Council of the City of Aspen Approving the Initial Zoning of the Aspen Highland Village PUD as set forth in instrument recorded November 28, 2000 as Reception No. 449207. 32. Grant of Easement by and between Hines Highlands Limited Partnership, a Delaware limited partnership and the Water Department of the City of Aspen, a Colorado municipal corporation as set forth in instrument recorded May 13 2002 as Reception No. 467358. 33. Grant of Easement to Aspen Highlands Commercial Metropolitan District recorded February 22, 2001 as Reception No. 451747 34. Notice of Approval recorded August 30, 2000 as Reception No. 446536 35. Memorandum recorded August 30, 2000 as Reception No. 446537 and Notice of Approval recorded August 30, 2000 as Reception No. 446538. 36. Grant of Easement recorded February 14, 2001 as Reception No. 451463. 37. Reservation of any and all existing water, water structures and mineral rights to the grantor contained in the Deed from Hines Highlands Limited Partnership recorded February 22, 2001 as Reception No. 451748. 38. Restrictive Covenant recorded February 22, 2001 as Reception No. 451749. 39. City of Aspen Easement Agreement Aspen Highlands Village PUD and Ski Area recorded May 31, 2001 as Reception No. 454999. 40. Amendment to Existing Water and Tank Easement recorded April 2, 2002 as Reception No. 465813. 41. Grant of Easement to Water Department City of Aspen recorded May 13, 2002 as Reception No. 467357. Order Number.949496 ALTA Commitment (6 /17/06) — Schedule B 2 `teYaft Page 4 of 5 title guaranty company 42. Sixth Supplement To Residential Amenities Declaration recorded July 25, 2002 as Reception No. 470226. 43. Resolution recorded August 4, 2003 as Reception No. 487669. 44. Easements Agreement by Aqua 2322 Corporation and Thunder L2322 Corporation recorded April 14, 2010 as Reception No. 568619. Order Number. 949496 (6 ��t ALTA Commitment (6/17l06) — Schedule B 2 �7 Li Page 5 of —title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEW ART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we doled, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday Lu&u.r-Z purPvaes— 1u IrIMUbs yUu1 UMINU V11b 411U 111411I1a111 your account. This may include running the business and managing customer Yes No accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd.. Privacy Officer, Houston, Texas 77056 Order Number. 949496 DISCLOSURES Order Number: 949496 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number. 949496 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either. (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 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 parties 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 or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. o wEart Se title uarant 9 com an Y p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. is 701 East Valley Rd. Ste I 7. 970 927 8473 . LIPKIN WARNER DESIGN & PLANNING p 970 927 8487 Basalt, Colorado 81621 July 25, 2011 TO: City of Aspen Community Development RE: Insubstantial PUD Amendment 420 Thunderbowl Lane On behalf of our client we are requesting an Insubstantial PUD Amendment to the building and activity envelope on 420 Thunderbowl Lane. This amendment is designed to accommodate a new spa and adjoining landscaping by amending the existing shape of the building and activity envelope. 155 square_ feet of building envelop and 450 square of activity envelope will be reshaped and located with no net increase of either area. This amendment application complies with section 26.445.100.A of the municipal code meeting the requirements as follows: 1. A change in the use or character of the development. Response: No change of character is proposed through the adjustment of envelopes. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Response: No additional structures are proposed. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Response: There are no increases in trip generation as the use type is not changing. 4. A reduction by greater than three percent (3%) of the approved open space. Response: There is no reduction in open space. 5. A reduction by greater than one percent (I %) of the off-street parking and loading space. Response: There is no reduction of off-street parking and loading. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Response: There is no reduction in right-of-ways or easements 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Response: No commercial buildings are proposed 8. An increase by greater than one percent (I %) in the approved residential density of the development. Response: No increase in residential density is proposed 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Response: Given the minor area of adjustment and the fact there is no net increase of envelope Area no variation will be required from the project's original approval. Thank you for your consideration and we look forward to discussing this insubstantial amendment, and answering any questions you may have. Thank Jef#ey Orsulak kin Warner Design & Planning LLC NI East Valley Road Suite 201 Basalt, CO 81621 P.IOFI 0 171 WCFIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ' I IG 2 3 2011 Agreement for Payment of Cite of Aspen Development Application Fees CITY OF ASPEN CITY OF ASPEN (hereinafter CITY) and Aqua 2322 Corp �_ MML INITY DEVELOPMENT (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 420 Thunderbowl Lane (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 all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, 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 $ 947.00 which is for 3 three 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 of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT n By: By: Chris Bendon Community Development Director Date: 26, JtQ 1 Billing Address and Telephone Number: n lot F4L& VAI�e.. C..cl Z01 (n S 1621 970 - R-7-847 3 x ( �— RECF WED • AUG 2 3 2011 CITY OF ASPEN 1-l� PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 4n1i i PROJECT: 420 Thunderbowl Lane REPRESENTATIVE: Aldo Tamer TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for 420 Thunderbowl Lane of the Aspen Highlands Village Subdivision and PUD with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the PUD and allow the alteration of the development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 A. Planned Unit Development — Insubstantial Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Hearing: No Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) Referral Fee: $212.00 Total Deposit: $947.00 Total Number of Application Copies: Administrative Insubstantial PUD Amendment: 2 Copies Online Land use Code: http://www.aspgnpitkin.com/Departments/Community-Development/Planning- and-Zoning/Title-26-Land-Use-Code/ Online Land Use Application: http://www.gMLapitkin.com/Portals/O/docs/City/Comdev/Apps%2Oand%2OFees/landuseappfor m.pdf To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x I I" vicinity map locating the subject parcel within the City of Aspen. C 8. Proof of ownership. 9. A proposed PUD Amendment plat showing the change to the development envelope. 11. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application (section 26.445.100 A., Planned Unit Development — Insubstantial Amendment). 12. Approval letter from HOA for the application being submitted 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ASPEN HIGHLANDS VILLAGE ASSOCIATION 133 Prospector Road, Suite 4102h Aspen, CO 81611 Phone (970) 920-2248 Fax (970) 797-I851 July 8, 2011 Aldo Tamer 420 Thunderbowl Lane Aspen, Colorado 81611 ltn Dear Aldo: Sent via email iorsulakQlipkinwarnencom Building Envelope Adjustment Your request to modify your building envelope is approved based on the representation by your architect that it does not result in an increase in size of the Building Envelope and the changes requested do not result in additional impacts to any adjoining property. The Lipkin Warner Drawing Al.1 titled &guest for Envelope Changes is the basis for this approval. If the proposed swap is different than shown on the drawing, or changes in any way prior to construction, this approval is no longer valid. To clarify, I am attaching a copy of the drawing. Should you have any questions, please give me a call. Sincerely, By Z-- GAW. Manager Tamer BE approval 7-8-1 l.wpd „t, �.�.•... ow - Q,-w ML9 0O 'N3dS`d o z •wmmUMV$AMIM 3NVq 1MOS113UNnH.1 OZb • ° 33N3aIS3M M3wvl �v.•. , • W U 4 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 25, 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 0058.201 LASLU — 420 Thunderbowl Lane. The planner assigned to this case is Sara Adams . ❑ Your Land Use Application is incomplete: 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: 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. X 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 429-2778 if you have any questions. brv�Vyvi� ) e- Thank You, CDV�UY"� �M� YJ • �ii/lvai�'Q 4�f� / Sara Adams, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Ap 'cations: Mineral Rights Notice Required SPA D COWOP Yes No11/1 Subdivision (creati othan 1 additional lot) GMQS Allotments Residential d- ordable Housing Yes No-)(—CommercialE.P.