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HomeMy WebLinkAboutcoa.lu.ec.223 E Hallam St. Lot Split 0083.0120083.2012. ASLU 223 E. HALLAM ST gOWN US DIVISION LOT SPLIT 2737 182 12 003 -1-1 e,51,u C THE CITY OF ASPEN City of Aspen Community Development Department . 4oia- CASE NUMBER 0083.9-1-2.ASLU PARCEL ID NUMBERS 2737.182.12.003 f PROJECTS ADDRESS ME HALLAM ST PLANNER SARA NADOLNY CASE DESCRIPTION BERKO SUBDIVISION REPRESENTATIVE STAN CLAUSEN DATE OF FINAL ACTION 417.13 CLOSED BY ANGELA SCOREY ON: 5/3/13 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described 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. Nora Berko - 130 Snowbunny Lane Aspen, CO 81611, 970-925-3850; Gina Berko and David Fleisher — 292 Glen Eagles Dr. Aspen, CO 81611. Property Owner's Name, Mailing Address and telephone number Lots C — F Block 72 City and Townsite of Aspen, commonly known as 223 E. Hallam Street, Aspen, Colorado, 81611 Legal Description and Street Address of Subject Property The Applicant received approval for a lot split that will divide the existing 12,000 sf lot into two 6,000 sf lots. The lot split process cis the number of residential units permitted between the two parcels to three total. Written Description of the Site Specific Plan and/or Attachment Describing Plan Lot split, Ordinance No. 5, Series 2013 March 21, 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) March 22, 2016 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.) Issued this 21st day of March, 2013, by the Cite of Aspen Community Development Director. z11 _ . � Chris Bendon, Community Development Director jetl�,4 9 - 06 00 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, \JA/-auC�l _yam y. , KtksA B L-� (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: l/ 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. s The foregoing "Affidavit of Notice" was acknowledged before me this 2 C day of 20 i3, by �('�UEL-/ 0 i�, f�4SA13P�1-� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: b + J /xols- . . � 10 1 V. A . — Publi ATTACHMENTS: COPY OF THE PUBLICATION 00 400 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- ing to the following described property: Block 7, lots C - F, City and Townsite of Aspen, and more com- monly known as 223 E. Hallam St., Aspen. Colo- rado, 81611, by order of the City Council on March 11, 2012. The Applicant received approval for a lot split, a form of subdivision exemption, that will di- vtde the existing 12.000 sf lot into two 6,000 sf lots. For further information contact Sara Nadolny, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2739. s/ City of Aspen Publish in The Aspen Times on March 21. 2013. [9009685) 1 0 0 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Nadolny, Planner Technician RE: 223 E. Hallam St. —Lot Split, Ordinance No. 5, Series 2013 —2°d Reading, Public Hearing MEETING DATE: March 11, 2013 APPLICANT /OWNER: STAFF RECOMMENDATION: Nora Berko, Gina Berko, and Staff finds the application meets the criteria for a lot split, a David M. Fleisher — 130 form of subdivision exemption, and recommends the City Snowbunny Lane, Aspen CO Council approve the request for the lot split, as proposed, 81611 with conditions. REPRESENTATIVE: Stan Clauson Associates, Inc. 412 N. Mill Street, Aspen, CO 81611 LOCATION: Block 7, Lots C — F, City and Townsite of Aspen, CO, commonly known as 223 E. Hallam Street CURRENT ZONING & USE Located in R-6 (Medium -Density Residential) Zone District. PROPOSED LAND USE: A lot split that will divide the current 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels, which is the minimum lot size permitted in the R-6 zone district. SUMMARY: The Applicant requests of the City Council approval for a lot split that will divide the current 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels. The lot split process will cap the total units allowed between the two parcels at three (3) units. Currently the parcel contains three units. Should the lot split be granted, Lot 1 will contain one unit, and Lot 2 will contain two units, thereby representing the maximum allowable density between the two parcels. No new development is proposed with this application, and no new utilities are required as a result of the lot split. Figure A: Subject property Figure B: Area map depicting location of subject property. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the City Council: • Lot Split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met... (see Exhibit B, Review Criteria). A lot split is considered an exemption from the full review associated with other forms of subdivision, and does not require a public hearing before the Planning and Zoning Commission prior to City Council. BACKGROUND: This parcel consists of four original townsite lots, measuring 12,000 sq. ft. The property contains a two-story Victorian style home that was constructed in 1893, an artist's studio/residence that was constructed in 1964, and a one-story garage building. The Victorian residence was once home to famed Aspen photographer Ferenc Berko, and the property is still under the ownership of his family members. This is considered an historic resource, and the parcel has been designated as part of the City of Aspen Inventory of Historic Sites and Structures. The original Victorian residence was converted to a duplex, and has been used as such since at least the mid- 1950's. The studio is a single family residence. 2 PREVIOUS APPROVALS: On November 14, 2012, through Resolution 29, Series of 2012, the Historic Preservation Commission granted the applicant approval to remove a 223 sq. ft. non -historic addition from the west side of the Victorian residence. Through Ordinance 4, Series 1995, the property was included as part of the City of Aspen's Inventory of Historic Landmark Sites and Structures. PROJECT SUMMARY: The Applicant is proposing a lot split of the 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels, which is the minimum size permitted in the R-6 zone district. As proposed, Lot 1 will contain the studio residential unit, and Lot 2 will contain the Victorian residence and garage (see Exhibit A, Site Plan). Since the existing 12,000 sq. ft. parcel has been historically designated, the resulting 6,000 sq. ft. parcels produced by the proposed lot split will remain historically designated. STAFF COMMENTS: Staff finds the application to meet all of the relevant requirements for subdivision, as well as those associated with lot split. The proposed lot split will not change the character or use of the parcels, and is compatible with the surrounding residential neighborhood. No new development is proposed at this time, and the existing fits into the architectural character of the area, which primarily reflects the Victorian period of design. No non -conformities will be created as a result of the lot split. The minimum lot size permitted by the R-6 zone district is 6,000 sq. ft., and this proposal creates two lots of this size. The Historic Preservation Commission granted the applicant permission to remove the 223 sq. ft. non -historic portion of the Victorian duplex that currently spans between the proposed lots. This removal will bring the structure into compliance with the required side yard setback for this zone district. According to the criteria for a lot split, no more than three residential units are allowed between the two newly created parcels. Currently three units exist on the site: the residential studio and the duplex Victorian residence. The proposed lot split will maintain the studio on one lot, and the duplex on the other, thereby maximizing the density allowed between the two lots. Should the owners choose to reallocate the density between the lots at a future date, they may do so through an administrative land use application review process under the approval of the Community Development Director. REFERRAL AGENCY COMMENTS: • Parks Department — Future development will require separate landscape/tree protection reviews and permits. Approved tree permits will be required prior to demolition or significant property change, should a tree be affected. • Water/Utilities — As proposed the lot split has negligible utility impacts. If either lot is developed in the future, utility design should be incorporated to address individual services and meters for both lots. Electric utility impacts may include a transformer capacity analysis and transformer locations. 3 RECOMMENDATION: In reviewing the proposal, Staff finds the application to be consistent with the applicable review standards as found in the City -Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 5, Series of 2013, granting a lot split for 223 E. Hallam Street." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Site Plan Exhibit B — Lot Split Review Criteria Exhibit C — Department Referrals Exhibit D —Application qwr Gk.-c� ORDINANCE NO..5 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE BERKO LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 223 E. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from the Berko Family, c/o Nora Berko, requesting Lot Split review for the property commonly known as 223 E. Hallam Street; and, WHEREAS, the subject property is zoned R-6 (Medium -Density Residential); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 12,000 sq. ft. lot, comprised of four original townsite lots, into two 6,000 sq. ft. lots; and, WHEREAS, the City Council has reviewed and considered the lot split 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 March 11, 2013; and, WHEREAS, during a duly noticed public hearing on March 11, 2013, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2013, approving Lot Split, which would allow the division of the 12,000 sq. ft. lot into two 6,000 sq. ft. lots at 223 E. Hallam Street; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 12,000 sq. ft. property known as 223 E. Hallam Street into two 6,000 sq. ft. lots, as proposed. • • Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units will be constructed without the required land use approvals and growth management allocations. Section 4: Maximum Density A lot split approval allows for a maximum of three residential units of density to be shared between the two subject lots. Lot 1 may contain one residence. Lot 2 may contain two residences. No further units of density may be added to these lots. The current allocated density of the three units may be amended between the two lots through administrative approval. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. Electric utility impacts should be similarly addressed by any future developer including, but not limited to, transformer capacity analysis and transformer locations. New transformers must be maintained on -site, but outside of the public right- of-way. Section 7: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 2 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, pertaining to the following described property: Berko Subdivision, Lots N and O, Block 81, City and Townsite of Aspen, by Ordinance No._, Series of 2013, of the Aspen City Council. Section 8• This Ordinance 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 construed and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 10: A public hearing on the ordinance shall be held on the 1 lth day of March, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 11 This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25ffi day of February, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor 3 • FINALLY, adopted, passed and approved this I I'h day of March, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: James R. True, City Attorney 4 0 Exhibit A Site Plan n� EYBL�cK • Exhibit B Review Criteria Lot split: The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Response: The subject site is not located in a subdivision that has been approved by the Board of County Commissioners or the City Council. The property is an established historic landmark and listed on the Aspen Inventory of Historic Landmark Sites and Structures, and therefore exempt from this restriction. Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Response: The Applicant is proposing two lots as a result of this lot split. The current parcel is 12,000 sf, and the lot split will create two 6,000 sf lots. The proposed lots are located in the Medium -Density Residential (R-6) zone district, which requires a minimum gross lot area of 6,000 sf. The proposed lots will conform to the requirements of the R-6 zone district. The Applicant is not proposing any new development on either parcel at this time, and in fact has gained approval of the Historic Preservation Commission to remove a non -historic piece of the original structure, measuring approximately 227 square feet, that would otherwise span the two proposed lots. In the event the parcels are redeveloped in the future, mitigation for affordable housing will be required. Staff finds this criterion to be met. c) The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. Staff Response: The subject lot has not been under consideration or previously subject to a subdivision exemption or lot split exemption pursuant to Chapter 26.470. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals 1 pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Response: A subdivision plat has been submitted by the Applicant with a note that reads "No further subdivision may be granted for the newly created lots and no additional units will be constructed without required land use approvals and growth management allocations. " Staff finds this criterion to be met. e) The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Response: The Applicant understands that the approved plat will need to be recorded in the office of the County Clerk and Recorder within one hundred eighty (180) days following approval by the City Council, or the approval will be rendered invalid. Stafffinds this criterion to be met. f) In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Response: The Applicant has received approval from the Historic Preservation Commission to remove a 227 square foot non -historic addition to the Victorian home that spans between the two proposed lots. This portion of the building has not been demolished prior to the application for lot split, and the Applicant understands that this is not a requirement of the application. Staff finds this criterion to be met. g) Maximum potential residential build -out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Staff Response: The parcel currently contains one duplex, and a single family residence, for a total of three units on the property. The lot split will create one lot which will host the existing duplex unit, and a second with the single family unit. No further changes to the existing development on the lots are proposed at this time. The number units on the two parcels will not exceed the maximum density of three units at any time, and will be included as a condition of the recorded plat. Staff finds this criterion to be met. 2 A. General Requirements 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Response: Staff finds the proposed lot split to be compatible with the mix of development in the immediate vicinity, which is largely residential. The Victorian residence is an historic building and fits with the architecture and character of the surrounding neighborhood. The proposed lot split does not change the use of the property, which will remain residential, and no new development is proposed with this application. There are no regulatory master plans applicable to this property. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Response: The existing land uses in the area are largely residential, which will be maintained by this subdivision. The proposed lot split will divide the current 12,000 sq. ft. lot into two 6,000 sq. ft. lots, which is the minimum size permitted within the R-6 zone district. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding area. Staff Response: Staff does not find any reason why the proposed subdivision would adversely affect the future development of the surround area. The parcel is located in the R-6 zone district, which primarily supports medium density residential uses and development. The proposed subdivision supports the surrounding uses. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of the Title. Staff Response: Staff finds the proposed application for a lot split to be in compliance with all applicable requirements of the Title. Staff finds this criterion to be met. B. Suitability of land for subdivision 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. • • Staff Response: The application proposes a lot split to divide an existing 12,000 sq. ft. lot into two 6,000 sq. ft. lots. The parcel is not in an area that is unsuitable for development due to any of these natural hazards or other conditions that will prove harmful to the health, safety or welfare of the residents to the property, or surrounding properties. Staff finds this criterion to be met. 2. Spatial pattern efficient. The proposed subdivision shall not be designated to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Response: Staff has no reason to believe that the lot split will create any spatial pattern inefficiencies, or unnecessary public costs. Public facilities are already in place that serves this area of town, and the proposed subdivision will continue to utilize this existing infrastructure. Utilities staff recommends that in the future, upon development of either lot, utility design should be incorporated to address individual services and meters for each lot. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions are met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. Staff Response: The applicant is not requesting any variation from the standards set forth in Chapter 26.580 (Engineering Department Regulations) of the Code. No new development is being proposed with this lot split application. Staff finds this criterion to be met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Response: The applicant is not requesting any design standard variation with this application. The applicant was previously granted approval by the Historic Preservation Commission to remove a non -historic, 223 sq. ft. addition to the Victorian residence that would span the two proposed lots. The removal of this will bring the existing building into compliance in regards to meeting the required side yard setbacks for the R-6 zone district. Staff finds this criterion to be met. 4 • • D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Response: The applicant is not proposing any new development, including new or replacement dwelling units, with this application for subdivision. Therefore, no affordable housing is required as part of this application. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Response: The applicant is not proposing any new development as part of this application, therefore there will be no school land dedication fees associated with this subdivision. Should new development be proposed at a future date, Chapter 26.620 will be revisited at that time, as necessary. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Response: The applicant is not proposing the creation of any new development that would result in requiring any growth management allotments with this application. Should new development be proposed at a future date, growth management will be revisited at that time, if necessary. Staff finds this criterion to be met. • Exhibit C Department Referrals • Parks —Brian Flynn, Open Space and Special Projects Manager • Water/Utilities — Andy Rossello, Utilities Engineer • • Date: January 28, 2013 Memorandum To: Sara Nadolny, City of Aspen Planning From: Brian Flynn, Parks Department Re: 223 E Hallam St 1. The parks department will require separate landscape and tree protection reviews and separate tree permits of each new lot when the lots come forward for building permits. 2. An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit, foundation and/or excavation permit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site with street trees. 3. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass, irrigation and the applicant shall work with the parks Department in order to design an appropriate trench box for the new tree plantings. Plans for the tree plantings should be completed and conceptually approved prior to building permit submittal. Comments from Andy Rossello Utilities Engineer Regarding Lot Split proposed at 223 E. Hallam This Proposed Lot Split has negligible Utility Impacts as proposed. In the future, upon development of either lot, utility design should be incorporated to address individual services and meters for individual lots. Electric Utility Impacts should be similarly addressed by the future developer including, but not limited to transformer capacity analysis, transformer locations (on - site out of the R.O.W. if a new transformer is required). c KJ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF a2 �; F_ SCHEDULED PUBLIC HEARING DATE: ►-�,�nda.�t Mcv►� l t P 5: DD arm , 20/ 3 STATE OF COLORADO ) ) ss. County of Pitkin ) Aspen, CO I, (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) oft Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat e The foregoing "Affidavit of Notice" was acknowledged before me this 1 day of -�.�'� , 21a, by A-vvie4o, WITNESS MY HAND AND OFFICIAL SEAL commission expires: otary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) MY Commission 'zpires 03012014 * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPEI ANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 P BLI N TICE I RE; 223 E. Hs11sm S LOT SPLIT EXEMPTION' SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing March 11, 2013, at a will be held on Monday, m before, the Aspen meeting to begin at 5:00 Pall, 130 S City Council, Council Is, City Galena Street, Aspen• CO, to review the P.Opsal Nora Berko, as representativof CO submitted by gnowbuI n, Lane, Asps Berko Family, olroerH commonly known as 223 E. I gtgt 1, for the p P Townsite of As - Hallam StrE aand nd F ol9helYCitteyySand� as Block C. D, bdivision axe mP 12 000 Applicant seeks a su view for a lot split that will dft. to s. current sq. ft. lot into two 6.000 s4' tact Sara Nadolny at the en Community Developrnent Depart - For further information, contact Aspen, CO, (970) met 1A30 S. Galena n.com ment, in ®cityofaspe 429.2739, Sara Nadu Y M hA°8r City Council Published in the Aspen limes Weekly on February 21, 2011 [89W511 .7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 223 E. Hallam Street, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 11 March, 2013 STATE OF COLORADO ) SS. County of Pitkin ) I, Stan Clauson, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X 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. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 22 day of February, 2013, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X 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. N/A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ,. SigiftuYe The foregoing "Affidavit of Notice" was acknowledged before me this 22°a day of February, 2013, by Stan Clauson. PATRICK S. RAWLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19994012259 MY C.onxrlissbn Expires July 26. 2016 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: -7 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ;h+ PUBLIC NOTICE DATE, Monday, March 11 2013 TIME. 5 00 pm PLACE, City Hall, 130 S. Galena Street, Aspen PURPOSE: Nora Berko of the Berko Family, 130 Snowbunny Lane, as owner of this property, is proposing a lot split at this location that will divide the 12,000 sq ft lot into two 6,000 sq ft lots, and will appear before the City Council on the above date and time Land use reviews will include Subdivision Exemption Lot Split r (,i r .� t._ •,. :._9'l CArrtr+r IhS W+rS.Nn p(�LtO='=fir • TT IIIIII t t PUBLIC NOTICE RE: 223 E. Hallam Street SUBDIVISION EXEMPTION - LOT SPLIT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 11, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by Nora Berko, as representative of the Berko Family, of 130 Snowbunny Lane, Aspen, CO 81611, for the property commonly known as 223 E. Hallam Street, and legally described as Block 72, Lots C, D, E and F of the City and Townsite of Aspen. Applicant seeks a subdivision exemption review for a lot split that will divide the current 12,000 sq. ft. lot into two 6,000 sq. ft. lots. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, Sara.Nadolny@cityofaspen.com s/Michael Ireland. Mayor Aspen City Council Published in the Aspen Times on February 21, 2013 City of Aspen Account • STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/920-1628 info@scaplanning.com www.scaplanning.com 22 February 2013 Ms. Sara Nadolny City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 is Re: 223 E. Hallam Street / Research of Mineral Estate Owners Dear Sara: On behalf of our clients and in connection with the Subdivision application for the property located at 223 E. Hallam Street, we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least fifteen (15) days prior to the date of the public hearing. Stan Clauson Associates, Inc. has researched the existence of mining claim or possession deeds dating to the late 19fh century with the Pitkin County Clerk and Recorder's records (the "Public Records") using the Title Policy issued by Land Title, order number Q62004962, issued to Gina Berko, David M. Fleisher, and Elm 223, LLC. A review of the Public Records does not generate any record of deeds relating to mining claims or possession deeds. This letter is submitted to you to confirm our good -faith attempts to locate a list of mineral estate owners. Please call me with any questions. MVe truly y a AICP, ASLA STAN CLAUSON ASSOCIATES, INC. a K S. RAWLEYRY PUBLIC2016 F COLORADOD #1999401 2259n Expires Juty Signed before me this 22nd day of February, 2013 by Stan Clauson. WITNESS MY HAND AND OFFICI L SEAL MY COMMISSION EXPIRES: `7 /,6 Notary Public Notary Public's Signature • • 202 ASPEN LLC 225 NORTH MILL ST LLC AMATO JOSEPH A 2950 E BROAD ST 2ND FL 225 N MILL ST PO BOX 503 COLUMBUS, OH 43209 ASPEN, CO 81611 HIGHLAND MILLS, NY 10930 ASPEN COMMUNITY UNITED METHODIST CHURCH 200 E BLEEKER ST ASPEN. CO 81611 CJB REALTY INVESTORS LLC 6544 WENONGA CIR MISSION HILLS, KS 66208 GETTMAN ROSA H TRUST 325 S FOREST DENVER, CO 80246 HODES ALAN & DEBORAH 114 N ASPEN ST. ASPEN, CO 81611 JEROME PROPERTY LLC 540 W MADISON ST CHICAGO, IL 60661 LIGHT HOLDINGS LLLP 801 BASELINE RD BOULDER, CO 80302 MOUNTAIN STATE PROPERTIES LLC 715 10TH ST SOUTH NAPLES, FL 34102 PENN PAUL E & SUSAN W 3830 E 79TH ST INDIANAPOLIS, IN 46260-3457 SADLER QUAL PERS RES TRUST #5 50% 8536 N GOLF DR PARADISE VALLEY, AZ 85253 CHALAL JOSEPH B 1005 BROOKS LN DELRAY BEACH, FL 334836507 DOMINGUE FAMILY TRUST PO BOX 2293 WINTER PARK, FL 32790 GSW FAMILY INV LP PO BOX 2038 WHEELING, WV 26003 HODGSON PHILIP R 50% HODGSON PATRICIA H TRUST 50% 212 N MONARCH ST ASPEN, CO 81611 JOHNSON RICHARD & MONTAE IMBT 6820 BRADBURY DALLAS, TX 75230 MADDEN WALTER ROSS 42.5% 218 N MONARCH ST ASPEN, CO 81611 MYRIN CUTHBERT L JR 57.5% PO BOX 12365 ASPEN, CO 81612 PUPPY SMITH LLC 205 S MILL ST SUITE 301A ASPEN, CO 81611 SEGUIN WILLIAM L & MARILYN PO BOX 4274 ASPEN, CO 81612 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN. CO 81611 GARRETT GULCH EQUITY VENTURE LLC 2950 E BROAD ST COLUMBUS, OH 43209 HAYES MARY E & JAMES L FAM LP LLLP 209 E BLEEKER ST ASPEN, CO 81611 HOGUET CONSTANCE M 333 E 68TH ST NEW YORK, NY 10065 KRIBS KAREN REV LIV TRUST PO BOX 9994 ASPEN, CO 81612 MONARCH HOLDINGS LLC 458 WALLS WY OSPREY, FL 34229 PARZYBOK WILLIAM G JR TRUSTEE 3860 FOXCHASE WAY-- COLORADO SPRINGS, CO 809086901 RANDALL MIDDLETON/HALLAM LP FIVE POST OAK PARK #2580 4400 POST OAK PKWY HOUSTON, TX 77027 SEMRAU FAMILY LLC 300 S SPRING ST #203 ASPEN, CO 816112806 US POSTAL SERVICE WATERS DANIEL EC/O BOSTOCK VICTORIA C WHITMAN RANDALL A WESTERN REGION 8 COPPER BEECH RD 4845 HAMMOCK LAKE DR SAN BRUNO, CA 94099 GREENWICH, CT 068304034 CORAL GABLES, FL 33156 • MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director Ckm FROM: Sara Nadolny, Planner Technician RE: 223 E. Hallam St. —Lot Split, Ordinance No. Series 2013 — First Reading MEETING DATE: February 25, 2013 APPLICANT /OWNER: STAFF RECOMMENDATION: Nora Berko, Gina Berko, and Staff finds the application meets the criteria for a lot split, a David M. Fleisher — 130 form of subdivision exemption, and recommends the City Snowbunny Lane, Aspen CO Council approve the request for the lot split, as proposed, 81611 with conditions. REPRESENTATIVE: Stan Clauson Associates, Inc. 412 N. Mill Street, Aspen, CO 81611 LOCATION: Block 7, Lots C — F, City and Townsite of Aspen, CO, commonly known as 223 E. Hallam Street CURRENT ZONING & USE Located in R-6 (Medium -Density Residential) Zone District. PROPOSED LAND USE: A lot split that will divide the current 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels, which is the minimum lot size permitted in the R-6 zone district. SUMMARY: The Applicant requests of the City Council approval for a lot split that will divide the current 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels. The lot split process will cap the total units allowed between the two parcels at three (3) units. Currently the parcel contains three units. Should the lot split be granted, Lot 1 will contain one unit, and Lot 2 will contain two units, thereby representing the maximum allowable density between the two parcels. No new development is proposed with this application, and no new utilities are required as a result of the lot split. Figure A: Image of subject property. Figure B: Area map depicting location of subject property. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the City Council: • Lot Split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met... (see Exhibit B, Review Criteria). A lot split is considered an exemption from the full review associated with other forms of subdivision, and does not require a public hearing before the Planning and Zoning Commission prior to City Council. BACKGROUND' This parcel consists of four original townsite lots, measuring 12,000 sq. ft. The property contains a two-story Victorian style home that was constructed in 1893, an artist's studio/residence that was constructed in 1964, and a one-story garage building. The Victorian residence was once home to famed Aspen photographer Ferenc Berko, and the property is still under the ownership of his family members. This is considered an historic resource, and the parcel has been designated as part of the City of Aspen Inventory of Historic Sites and Structures. The original Victorian residence was converted to a duplex, and has been used as such since at least the mid-1950's. The studio is a single family residence. 2 PREVIOUS APPROVALS: On November 14, 2012, through Resolution 29, Series of 2012, the Historic Preservation Commission granted the applicant approval to remove a 223 sq. ft. non -historic addition from the west side of the Victorian residence. Through Ordinance 4, Series 1995, the property was included as part of the City of Aspen's Inventory of Historic Landmark Sites and Structures. PROJECT SUMMARY: The Applicant is proposing a lot split of the 12,000 sq. ft. parcel into two 6,000 sq. ft. parcels, which is the minimum size permitted in the R-6 zone district. As proposed, Lot 1 will contain the studio residential unit, and Lot 2 will contain the Victorian residence and garage (see Exhibit A, Site Plan). Since the existing 12,000 sq. ft. parcel has been historically designated, the resulting 6,000 sq. ft. parcels produced by the proposed lot split will remain historically designated. STAFF COMMENTS: Staff finds the application to meet all of the relevant requirements for subdivision, as well as those associated with lot split. The proposed lot split will not change the character or use of the parcels, and is compatible with the surrounding residential neighborhood. No new development is proposed at this time, and the existing fits into the architectural character of the area, which primarily reflects the Victorian period of design. No non -conformities will be created as a result of the lot split. The minimum lot size permitted by the R-6 zone district is 6,000 sq. ft., and this proposal creates two lots of this size. The Historic Preservation Commission granted the applicant permission to remove the 223 sq. ft. non -historic portion of the Victorian duplex that currently spans between the proposed lots. This removal will bring the structure into compliance with the required side yard setback for this zone district. According to the criteria for a lot split, no more than three residential units are allowed between the two newly created parcels. Currently three units exist on the site: the residential studio and the duplex Victorian residence. The proposed lot split will maintain the studio on one lot, and the duplex on the other, thereby maximizing the density allowed between the two lots. Should the owners choose to reallocate the density between the lots at a future date, they may do so through an administrative land use application review process under the approval of the Community Development Director. REFERRAL AGENCY COMMENTS: • Parks Department — Future development will require separate landscape/tree protection reviews and permits. Approved tree permits will be required prior to demolition or significant property change, should a tree be affected. • Water/Utilities — As proposed the lot split has negligible utility impacts. If either lot is developed in the future, utility design should be incorporated to address individual services and meters for both lots. Electric utility impacts may include a transformer capacity analysis and transformer locations. 3 • • RECOMMENDATION: In reviewing the proposal, Staff finds the application to be consistent with the applicable review standards as found in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No._, Series of 2013, upon first reading, granting a lot split for 223 E. Hallam Street." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Site Plan Exhibit B — Lot Split Review Criteria Exhibit C — Department Referrals Exhibit D — Application 4 ORDINANCE NO.5 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE BERKO LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 223 E. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from the Berko Family, c/o Nora Berko, requesting Lot Split review for the property commonly known as 223 E. Hallam Street; and, WHEREAS, the subject property is zoned R-6 (Medium -Density Residential); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 12,000 sq. ft. lot, comprised of four original townsite lots, into two 6,000 sq. ft. lots; and, WHEREAS, the City Council has reviewed and considered the lot split 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 March 11, 2013; and, WHEREAS, during a duly noticed public hearing on March 11, 2013, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 5, Series of 2013, approving Lot Split, which would allow the division of the 12,000 sq. ft. lot into two 6,000 sq. ft. lots at 223 E. Hallam Street; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 12,000 sq. ft. property known as 223 E. Hallam Street into two 6,000 sq. ft. lots, as proposed. • Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units will be constructed without the required land use approvals and growth management allocations. Section 4: Maximum Density A lot split approval allows for a maximum of three residential units of density to be shared between the two subject lots. Lot 1 may contain one residence. Lot 2 may contain two residences. No further units of density may be added to these lots. The current allocated density of the three units may be amended between the two lots through administrative approval. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash -in -lieu payment or by on -site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. Electric utility impacts should be similarly addressed by any future developer including, but not limited to, transformer capacity analysis and transformer locations. New transformers must be maintained on -site, but outside of the public right- of-way. Section 7: Vested Property Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 2 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, pertaining to the following described property: Berko Subdivision, Lots N and O, Block 81, City and Townsite of Aspen, by Ordinance No.5, Series of 2013, of the Aspen City Council. Section 8• This Ordinance 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 construed and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 10: A public hearing on the ordinance shall be held on the 1 lth day of March, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 11: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25t' day of February, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor 0 • FINALLY, adopted, passed and approved this 11 `" day of March, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: James R. True, City Attorney 4 • • Exhibit A Site Plan AI,L,t��ocK 7 2 Exhibit B Review Criteria Lot split: The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Response: The subject site is not located in a subdivision that has been approved by the Board of County Commissioners or the City Council. The property is an established historic landmark and listed on the Aspen Inventory of Historic Landmark Sites and Structures, and therefore exempt from this restriction. Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Response: The Applicant is proposing two lots as a result of this lot split. The current parcel is 12,000 sf, and the lot split will create two 6,000 sf lots. The proposed lots are located in the Medium -Density Residential (R-6) zone district, which requires a minimum gross lot area of 6,000 sf. The proposed lots will conform to the requirements of the R-6 zone district. The Applicant is not proposing any new development on either parcel at this time, and in fact has gained approval of the Historic Preservation Commission to remove a non -historic piece of the original structure, measuring approximately 227 square feet, that would otherwise span the two proposed lots. In the event the parcels are redeveloped in the future, mitigation for affordable housing will be required. Staff finds this criterion to be met. c) The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. Staff Response: The subject lot has not been under consideration or previously subject to a subdivision exemption or lot split exemption pursuant to Chapter 26.470. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals • pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Response: A subdivision plat has been submitted by the Applicant with a note that reads "No further subdivision may be granted for the newly created lots and no additional units will be constructed without required land use approvals and growth management allocations. " Staff finds this criterion to be met. e) The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Response: The Applicant understands that the approved plat will need to be recorded in the office of the County Clerk and Recorder within one hundred eighty (180) days following approval by the City Council, or the approval will be rendered invalid. Stafffinds this criterion to be met. f) In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Response: The Applicant has received approval from the Historic Preservation Commission to remove a 227 square foot non -historic addition to the Victorian home that spans between the two proposed lots. This portion of the building has not been demolished prior to the application for lot split, and the Applicant understands that this is not a requirement of the application. Staff finds this criterion to be met. g) Maximum potential residential build -out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Staff Response: The parcel currently contains one duplex, and a single family residence, for a total of three units on the property. The lot split will create one lot which will host the existing duplex unit, and a second with the single family unit. No further changes to the existing development on the lots are proposed at this time. The number units on the two parcels will not exceed the maximum density of three units at any time, and will be included as a condition of the recorded plat. Staff finds this criterion to be met. A. General Requirements l . The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Response: Staff finds the proposed lot split to be compatible with the mix of development in the immediate vicinity, which is largely residential. The Victorian residence is an historic building and fits with the architecture and character of the surrounding neighborhood. The proposed lot split does not change the use of the property, which will remain residential, and no new development is proposed with this application. There are no regulatory master plans applicable to this property. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Response: The existing land uses in the area are largely residential, which will be maintained by this subdivision. The proposed lot split will divide the current 12,000 sq. ft. lot into two 6,000 sq. ft. lots, which is the minimum size permitted within the R-6 zone district. Stafffinds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding area. Staff Response: Staff does not find any reason why the proposed subdivision would adversely affect the future development of the surround area. The parcel is located in the R-6 zone district, which primarily supports medium density residential uses and development. The proposed subdivision supports the surrounding uses. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of the Title. Staff Response: Staff finds the proposed application for a lot split to be in compliance with all applicable requirements of the Title. Staff finds this criterion to be met. B. Suitability of land for subdivision 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Response: The application proposes a lot split to divide an existing 12,000 sq. ft. lot into two 6,000 sq. ft. lots. The parcel is not in an area that is unsuitable for development due to any of these natural hazards or other conditions that will prove harmful to the health, safety or welfare of the residents to the property, or surrounding properties. Staff finds this criterion to be met. Spatial pattern efficient. The proposed subdivision shall not be designated to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Response: Staff has no reason to believe that the lot split will create any spatial pattern inefficiencies, or unnecessary public costs. Public facilities are already in place that serves this area of town, and the proposed subdivision will continue to utilize this existing infrastructure. Utilities staff recommends that in the future, upon development of either lot, utility design should be incorporated to address individual services and meters for each lot. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions are met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. Staff Response: The applicant is not requesting any variation from the standards set forth in Chapter 26.580 (Engineering Department Regulations) of the Code. No new development is being proposed with this lot split application. Staff finds this criterion to be met. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Response: The applicant is not requesting any design standard variation with this application. The applicant was previously granted approval by the Historic Preservation Commission to remove a non -historic, 223 sq. ft. addition to the Victorian residence that would span the two proposed lots. The removal of this will bring the existing building into compliance in regards to meeting the required side yard setbacks for the R-6 zone district. Stafffinds this criterion to be met. 4 • D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Response: The applicant is not proposing any new development, including new or replacement dwelling units, with this application for subdivision. Therefore, no affordable housing is required as part of this application. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Response: The applicant is not proposing any new development as part of this application, therefore there will be no school land dedication fees associated with this subdivision. Should new development be proposed at a future date, Chapter 26.620 will be revisited at that time, as necessary. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Response: The applicant is not proposing the creation of any new development that would result in requiring any growth management allotments with this application. Should new development be proposed at a future date, growth management will be revisited at that time, if necessary. Stafffinds this criterion to be met. • • Comments from Andy Rossello Utilities Engineer Regarding Lot Split proposed at 223 E. Hallam This Proposed Lot Split has negligible Utility Impacts as proposed. In the future, upon development of either lot, utility design should be incorporated to address individual services and meters for individual lots. Electric Utility Impacts should be similarly addressed by the future developer including, but not limited to transformer capacity analysis, transformer locations (on - site out of the R.O.W. if a new transformer is required). T I�CEIVED 0V302012 • Po Box 7928 CITY OF ASPEN Aspen, 97 .309.0 95 COMMUNITY DEVELOPMENT Phone:970.309.0695 E-mail / Web: derek(d)1fridav com / www 1friday.com To: Ms. Amy Guthrie; Director From: Derek Skalko, Principal The Aspen Historic Preservation Commission 1 Friday Design Collaborative E-mail: Amy.Guthde@ci.aspen.co.us Date: June 28"' , 2012 / Revised July 19" , 2012 Phone: 970.429.2758 Pages: 5 Re: 223 East Hallam Street — Explanation for CC: File Partial Demolition / Subdivision Lot Split 223 East Hallam Residence Request for Dining Addition Removal — Victorian / Subdivision Lot Split — Lots C & D / E & F Dear Amy & Members of the Aspen Historic Preservation Commission, We are approaching the commission on behalf of Mr. David Fleisher & Mrs. Gina Berko and 223 Elm LLC, care of Mr. Howie Mallory & Mrs. Nora Berko, managers and property owners of the 223 East Hallam Street Residence, a 12,000 sq ft property located in the West End District of Aspen. The property is legally defined as Lots C, D, E & F, Block 72 within the Townsite of Aspen and is, by definition, a legally conforming lot according to land use code. The site contains two detached residential structures in addition to a non -habitable garage. The main Victorian residence initially dates to the 1890's time period to which one, with the possibility of two, major time period additions were added prior to the final additions planned in 1967. The first addition likely dates from between the late 1890's - early 1900's to 1925 with the most recent additions dating to construction occurring in or after 1967 per the architectural plans. The existing studio located on the property was also constructed in or after 1967. The garage located behind the Victorian structure dates between 1925 and 1957. Clerk and recording information places the studio construction and most recent additions to the Victorian at 1970. Packet Submission: The 24 x 36" drawing packet included for your review of 223 East Hallam includes the following: Initial Sheet: Existing Site Survey with vicinity map, noted structures, topography, and all existing property and easement setback conditions as recorded per Aspen Survey Engineers, Inc. Sheet A1-1: A historical breakdown of the building timeline history as understood to the best of our research via existing records and personal accounts. Additionally, an existing site general locate plan is provided as with Zoning and FAR site specific information for 223 East Hallam. Sheet Al -2: Existing site plan of 223 East Hallam with roof depictions of existing structures. Sheet A1-3: Proposed site plan of 223 East Hallam with roof depictions of proposed alteration to Victorian residence. Sheet Al-4: Existing plans and FAR calculations of the residential studio. (NO CHANGES) Sheet Al-5: Existing elevations of the residential studio. (NO CHANGES) Sheet Al -6: Existing and proposed plans and FAR calculations of the lower level Victorian. Sheet Al -7: Existing and proposed plans and FAR calculations of the main level Victorian. Sheet Al -8: Existing and proposed plans and FAR calculations of the upper level Victorian. Sheet A1-9: Existing and proposed roof plans of the Victorian. Garage plan and FAR information provided additionally. (NO CHANGES TO GARAGE) • • Sheet A-10: Existing and proposed north elevations (Hallam) of main Victorian. Sheet A-11: Existing and proposed west elevations (side) of main Victorian. Sheet A-12: Existing and proposed south elevations (alley) of main Victorian. Sheet A21: Original Architectural Planning Information of Existing Additions Proposed — October 31, 1967. Proposed Project Overview & Variance Requests sought regarding 223 East Hallam Residence: We are requesting to remove approximately 227 square feet from the existing Victorian residence currently situated across Lots D, E, & F of the four lot parcel. The existing dining area of the main Victorian, which was one of the two additions to the residence occurring in or after 1967, currently extends into lot D by approximately 8'-3". We are proposing to eliminate the addition as developed per the 1967 plans and restore the bay wall as it historically existed prior to the addition, which would place the Victodan within Lots E & F of the parcel in its entirety. The intended purpose for requesting removal the home's dining addition is to allow for two 6,000 square foot independent parcels to be created without any possible complications and encumbrance that may prove detrimental in the future should the residence be left unaddressed and in its existing location. The current 12,000 square foot size of the property enables the existing parcel to be split equally to create two conforming 6,000 square foot parcels in accordance with the standard R-6 zoning of the neighborhood and per Aspen Land Use Code, Section 26.480.030 A2. We are utilizing the process of a Subdivision Lot Split with the intention of creating two 60' wide by 100' deep parcels. Lots C & D, Block 72 are intended to comprise one parcel, with Lots E & F, Block 72 comprising the other. In regards to variances, we are not requesting to alter any areas beyond the dining room mass of the Victorian, which, upon removal, would be in compliance of a west 5' side yard setback should our partial request for demolition be granted. In regards to existing non -conformities upon the parcel, currently, the Victorian is non -compliant regarding its south front yard setback (2' Existing — 10' Required) and east side yard setback (12'-10" Existing — 15' Required). This would be improved in a lot split scenario with the east side yard turning compliant (5' Required). The front yard non -conformity would remain as it exists. The studio residence is currently 6-2" from its west side property, with 15' being required. A lot split would eliminate this non -conformity. The garage's existing east side is V-6" from the property, with 15' being the required side yard. Although a lot split would reduce this non- conformity, the building will still be 3'-6" into the east side yard setback. Residential Design Standards & compliance / applicability towards 223 East Hallam: The partial demolition of the dining area does not positively or adversely alter or affect any aspects of the residential design standards. Conditions are to remain "as is" in relation to this subject matter when discussing Aspen Land Use Code, Chapter 26.410. Request for Partial Demolition / Restoration of the Dining Room Addition Area — Victorian Residence: The intention of the existing parcel is to create two 6,000 square foot lots legally defined as such. We are seeking the removal of the 227 square foot dining area specifically to eliminate any possibility of encumbrance in the future potential rights of the created parcels. Per Aspen Land Use Code, Section 26.415.080, we do believe our request for the partial demolition of the secondary addition to the Victorian is warranted per the following requirement, which at least one characteristic must be met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, • • c. The structure cannot practically be moved to another appropriate location in Aspen or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance The proposed 1967 addition provides no historical benefit to the greater whole of the existing Victorian residence, nor is it feasible or even possible to attempt to relocate the existing home in its entirety due to the existing limitations of the building's footprint. We are seeking the removal of the dining room area and propose to return the affected area to its original 1890's condition to eliminate any possible encumbrance to the created parcels a lot split may present in the future. Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. We believe our request for partial demolition of the dining protrusion does meet all additional criterion as described per the Aspen Land Use Code, Section 26.415.080. For reasons already stated, we do not believe the building's said addition contributes to the historical time period of significance specific to the main historical Victorian aspect of the property. We believe the removal of the said addition will, in fact, begin to enhance the historic amenity of the property and improve the overall land use nature of the area by eliminating the potential creation of an encroachment into the neighboring west side property. All will be presented to further assist in demonstrating our partial demolition request upon our hearing. In closing, we would simply like to express our sincere gratitude in considering our request regarding 223 East Hallam Street. We look forward to presenting and discussing this matter with you further. Supplemental graphic information is provided on the pages following for additional description and clarification purposes. Thank you very much, r Derek Skalko Principal, 1 Friday Design Collaborative �$ a •� ��. ; %Situ n � •-,oa �: �, ��P �'� r s'e-Ei�ro. .b _ _ _ _ & � _, ^3 ` a .w � � s E • '1` I �# 10 i ^yam Wow y M W ' 11 ZJ3 24 -:17 22. 1Z/ 2Z322S 'i 3J 745 kt a D x I� - A .9 t a � 72 X C t 1:1YC 1 � � N tI •� � � h' S / .{7 r le 4 d E. BLEE K EFt 4 d UP) (219 (?20 �s sL� ' 4 ;'j 161 2. 7 2/.+ 2%3 21J '�7 2t9 223 l.Z? .d7 d 3.' Z3/ D ID Iji, `3.i 23S I D D L"O N d C IJ F 6 N l 1 0 0 73 )or i !A Sanborn Information for 223 East Hallam Residence —1898 • • VICINITY MAP ,. 400, CITY OF ASPEN GPS MONUMENT N0. 6 CITY OF ASPEN CPS MONUMENT N0. 8 HOUSE LEGEND AND NOTES 0 FOUND SURVEY MONUMENT AS DESCRIBED SURVEY CONTROL UTRJTY BOX TITLE INFORMATION FURNISHED BY: RUIN COUNTY TITLE. INC. NO. DATED: ALL EASEMENTS NOTED N TITLE COMMITMENT ARE SHOWN DRAIN GRATE FENCE 0 CUT UTILITY POLE POSTED ADDRESS '214 CALLS IN ( ) RECORD AS PER 1959 OFFICIAL PLAT OF THE CITY OF ASPEN .gyp® WATER VALVE �]Cfh TREE WITH CALIPER (CWEER.F, DE to eSf�L.TIT' (NAMETER IN INa1E5, DRIPUNE IN FEET) FLOOD THIS 000 PROPERTY PWNT AS SHOWN�ON IN Zo"FLDODEINSUR(AN E RATE MAS DE P EPREPAREO BYTF EM FOR RDUN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 00097CO203 C. EFFECDVE DATE: JUNE 4. 1987 THIS PROPERTY UES ENTIRELY WSIDE OF THE CITY OF ASPEN MUGFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN. PROJECT NUMBER 1963. FIGURE ES-15. SEWER. ELECTRIC. GAS, AND PHONE UTIUOES N ALLEY WATER IS IN HALLAM STREET ELEVATIONS SHOWN ON THIS SURVEY ARE BASED ON THE CITY OF AS GPS MONUMENT NO B. (NGVD 1929) ELEVATION - 7882.758 223 E. Hallam Street Lot Split A lot split of the 12,000 sq. ft. lot into two fee simple 6,000 sq. ft. lots. EAST �AAISTATET Bq� � 8 1B O GURB 18 DL 7889 L, N ]3q il•Iy i60L WO I 0 IB'DL 12' .247 N 73 / ^ 2 �y B III �3 gSIS OF 9 hO.Op• 13" � "GO 4'DL 7890.0 7890 5 DL a` 18"F 2.a 7..2 ; �WTy. t<'DL C ��a,9���2A L t 1 area to be removed 121 6,00p sq. ft. Lot 2 ,2"F / 327F r3.6 ,ODLc 2. 6,000 6,000 . ft. s Fqs D HOUSE 28.0 t 9LL _ 7892.] HOUSF�, G 8, F / 12.e SOUL 35'F 157Ea /1 7890.0 ,8'DL D SILL _ 61SDL G 7892 8 15..2 20, *11 � OEgr Pg1ERS 20.2 CITY MONUMENT AS CORNER BLOCK 72 HORIZONTAL CONTROL GARAGE S 73", I� th2gp• 203 ALLEY B o µL 2u69'gOWLOCT� 7 UNPq� 1 2 7B9t�� Qpj 0 10 TO ONE FOOT CONTWRS RECEIVED JAN 2 5 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT Owner Repress WtIve: Ms. None Berko 130 Snowbunny Lane Aspen, CO 81611 Aspen City Cound Approval This lat split plat of 223 E. Hallam was approved by ON, CTry of Aspen City Council on me _th day of 201_ by Ordinance No. Series of 201_, recorded In Me once of Ue Clads 6 Recorder of Pltldn County In Book _and Page_ es RecapOon No. Mayor, City of Aspen Data Attest City Cle k Community Development Director Approval This bt spilt plat for 223 E. Hallam Street was approved by the Clry of Aspen Community Development Director this _ day of 201_ pursuant to the Municipal Code of the City of Aspen. Community Development Director Clerk d Recorder Certificate: This lot split plat Was liked for recording In the office of the Clerk & Recorder of PIOdn County on the day of _ 201— and Is recorded In Book _ on Page J as Reception No. Clerk & Recorder City Engineer Approval This lot split plat was approved by the City Engineer of the City of Aspen. Colorado this _day of 201 . City Engineer Notes: 1. No Wirer sulM ision Troy be granted for the newly created lot, and no additional unih wi be constructed without required land use approvals and growth management allocations. CERTIFICATION THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING __201, AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN, AND THAT THERE ARE NO EST `NOES OF RECORD. BOUNDARY LINE CONFLICTS, ENCROACHMENTS. EASEMENTS OR RIGHTS OF WAY N FELD EVIDENCE OR KNOWN TO ME EXCEPT AS HEREON SHOWN. UNDERGROUND UDUTES WI1N NO ABOVEGROUND APPURTENANCES. AN DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. 'ERRp2 OF CLOSURE IS LESS THAN 1/15.000. DATED: JOHN M. HOWORTH, P.L.S. 25947 IMPROVEMENT TOPOGRAPHIC SURVEY W LOTS C,D.E AND F. BLOCK 72. CITY -0 TOWNSITE OF ASPEN COUNTY ASPEN RUIN STATE OF COLORADO CONTAINING: 9. OW SO FT ACRES 4a/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB ,0/1, 41277 • STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/9z5-z3z3 f.970/9zo 1628 info@scaplanning.com www.scaplanning.com 22 January 2013 Ms. Jennifer Phelan, AICP Deputy Director, City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 223 E. Hallam Street Lot Split / Supplemental Code Response Dear Jennifer: RECEIVED JAN242013 COCM "'6 PEN LOPMFNT On behalf of our clients and in connection with the Berko Subdivision Application, dated 1 1 December 2012, please accept the enclosed supplemental code responses to Sec. 26.480.030(A) (2) "Exemptions/Lot Split." These supplemental code responses are intended to amend our original subdivision application and address staff recommendations that our clients pursue a lot split rather than a subdivision for the four Historic Townsite lots. No more than two (2) lots are proposed to be created by the lot split and the resulting lots will conform to the underlying R-6 zone district requirements. We have attached a revised draft plat entitled "223 E. Hallam Lot Split," which would form the basis for a final plat by a registered land surveyor intended for recording. The draft plat contains a note stating that no further subdivisions may be granted for the newly created lots and that no additional units will be constructed without the required land use approvals. Currently, the existing Victorian residence contains two residential units and the studio contains one residential unit, for a total of three residential units on the property. It is understood that the allocation of the units on the newly created parcels may change in the future, but the two new parcels will not contain more than three (3) units total. Please call me with any questions. Very truly yours, S an Clauson, AICP, ASLA Stan Clauson Associates, Inc. Enclosure Cc: Nora Berko Howie Mallory Gina Fleisher David Fleisher Parcel Detail • • Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property- Search I Assessor Subsct Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2012 Mill Area Number Number Property Type Levy IL 001L R000127 1127370731600311RESIDENTIALIJ 32.325 Primary Owner Name and Address BERKO GINA 292 GLEN EAGLES DR ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 72 Lot: C AND:- Lot: Thru F Location Physical Address: 223 E HALLAM ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft: 12,000 2012 Property Value Summary Actual V F Assessed Value http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 1 /29/2013 Parcel Detail isPage 2 of 3 Land: 4,950,00011 394,0201 Improvements:F 41,300]F 3,290 Total:F1 397,310 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 2 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 1,726 2ND FLOOR: 1830 OPEN PORCH: 44 1/2 STORY: 204 UNFINISHED GARAGE: 300 Total Heated Area: 2,760 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1888 Effective Year Built: IF1970 Bedrooms: 4 Baths: 2 Quality of Co JAVER T 11 Exterior Wall: WOOD SD GO Interior Wall: PLASTER Floor: CARPET Floor: WOOD Heat Type: JFHT WTR B/B Heating Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 1 /29/2013 Parcel Detail • • Page 3 of 3 �I Super Nbad: CITY OF ASPEN II Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 1 /29/2013 Nora Berko, Manager ELM 223 LLC 130 Snowbunny Lane Aspen, CO 81611 Tel: 970-925-3850 3 January 2013 Ms. Sara Adams, AICP Senior Planner City of Aspen Community Development Department 130 S. Galena St., 3,d Floor Aspen, CO 81611 Dear Ms. Adams: This letter is to certify that we, the undersigned owners of the property located at 223 E. Hallam Street, Aspen, Colorado, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding an application for subdivision of this property, and in the preparation of and appearances for any related land use applications. The contact information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 scan@scaplanning.com Very Truly Yours, Gina erko, as owner Undivided 25% interest David M. Fleisher, as owner Undivided 25% interest Nora Berko, as Manager ELM 223 LLC Undivided 50% interest E STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 12 North Mill Street Aspen, Colorado 81611 t. 4 P 970/925-2323 f.970/920-1628 info@scaplanning.com www.scaplanning.com 4 January 2013 Ms. Jennifer Phelan Deputy Director, City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 0083.2012.ASLU - Berko Subdivision Dear Jen: RECEIVED JAN 0 4 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT On behalf of our client, please accept the letter of authorization from more than 50% of the ownership of the property authorizing Stan Clauson Associates to represent them in connection with the application for subdivision. We trust that the application can now be deemed complete. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. E • Z -7 3-1 01 2 l (o co File Edit Read Navigate Form Runts Format Tab He#p ocD .20 12 A-5 L L,1 o ko N Status Fee— Fee suwany hw _Admts Attedunerts Roumg Histrruy YaluaWn Ar4fN CusW Fields Sub Fen Parcelcr v L? c Fermiftype laslu i.AspenLand Use Pernit# N832Q12.ASLU Address 3 E HA —LAM ST IAp4'sote o Cq OPEN Stye CO Zip 81611 X Penn(t 1m0!ina50nl o Master permit Routng 4" slu0? Applied '11 tQ tQ12 ZFrgct j P n9 Appmed 0 m" Desmption "APPLICATION FOR THE LAND USE PART OF THE HPC APPLICATION APPLIED FOR lid W 1 ? 2412 -PLEASE REFERENCE 00242012 AFDC FOR BILLING • ALL FEES oERE PAC UPFRONT FORATOIAI OF 54 360.00 REfERAL TO F.A;KS?JZD ENG. Msed;Final J Submitted DEREKSWO3080698 —1 q Running I 18 � 11i2;2013 C per Last name !,BERKO First name FE 4C & MIRTE PO BOX 360 ASPEN CO 81612 fine i� Addres Applicant Omer is applicant? Contractor is applcant? Last name 'BERKO Frl name FERENC & MIRTE BOX 360 PEN CO 81612 Nmne Cost # '260T7 Arkracs ._nder Last name Frst name I Phone Address AspenGoldFjsenrer angelu otl 0o Cie 255'i� Recorded at 3:30PM February 18, 1982 Loretta Banner,iv4oxder Reception # 239305 ORDINANCE NO. (.Series of 19 @OOK 422 ?AGE 306 AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE LISTED IN THE INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO WHEREAS, by Resolutions No. 81-11,81-13, and 81-14 the Historic Preservation Committee has recommended to the City Council that certain structures be designated historic and a suffix of "H" be attached to the zoning of these properties and the real estate records, and WHEREAS, these structures are listed in the 1980 Inventory of Historic Sites and Structures for the City of Aspen, Colorado, and WHEREAS, the owners of these properties have requested designation through written replies to the Planning Office, and WHEREAS, the Historic Preservation Committee has reviewed these sites and/or structures based on the guidelines and standards in Section 24-9.3 of the Aspen Municipal Code and found them to be worthy of historic designation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following list of sites and/or structures at these addresses be granted historic designation and the suffix of "H" be attached to their zoning and real estate records: 610 N. Third 500 W. Francis 101 Lake Avenue 505 N. 8th Street Section 2 320 W. Hallam 118 E. Cooper 332 W. Main Street 232 E. Hallam `> �L If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provision or applicati.on, and to this end the provisions of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on the 4 day of , 19 M at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation r SA?? PAu-307 within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on 1982. '�F — He man Ecrel, Ma 0 ATTEST: ✓ , 11 r' �.,..,ryta,'S. h, C ty Clerk FINALLY adopted, passed and approved on the d day of , 1982. l- Herman Edel, Mayo €SS ;., . S': ch, C y Clerk a RECORD OF PROCEEDINGS 5001K 422 CAGE 308 100 Leaves STATE OF COLORADO ) CERTIFICATE COUNTY OF PITKIN ) yS ' I, +Cathryn S. Koch, C it Clerk t of Aspen, Colorado, dc� i,eret certify that the above and foregoing ordinaj:ce was 1 introduced, .read in full, 1 and passed on r.cadit?g g. i at a regular ar meting of the City Council of the ' City ^f ,�,s`�eAsper,on �l _. lg and published in the Aspen Times a week3_y +•"t "P"er of general circul- ati.o!;, publ i shed in the C'*.ty of Aspen, Colorado, in its of 19.91 and was finally adopted andcpr:.ved at a re(g�u. ar Meet ing of the City Council on and ordered Published as ._ �; C...nai?cam No• — -- ;' '3 of zi. 19, Of said City, as >roaid d by la-,•: INd'c:SS FVhEREOF, i have hereunto set ray hand arid the seal of say d City o` spc:n, Colorado, this. day KaTmw.7E�—S- ... Dep4ty City C.Le�:c--------- 0 KLUMVED • DEC 142012 CITY OF ASPEN COMMUNITY DEVELOPMENT Agreement to Pay Application Fees An agreement between the Citv of AsDen ("City") and Property Phone No.: Owner ("I"): Email: Address of 223 East Hallam Street Billing Address: Property: (send bills (subject of here) application) understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 1260 flat fee for Parks $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 3150 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director City Use: Fees Due: $_$4,675 — Received: $ Name: Nora Berko Title: Authorized Representative THE Crnr of ASPEN Land Use Application Determination of Completeness Date: December 19, 2012 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 0083.2012.ASLU — Berko Subdivision. Your Land Use Application is incomplete: 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. 1) The application requires the consent of more than 50% of the ownership to apply for the development order, as well as authorizing representation by your firm. ❑ 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. Th You, ennife elan, Deputy Director City o spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No_y-__ Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 0 Z7� 3 -CX�)3 I� U co<3-25 • 2012 - ASLv1 Permits ®i•; ., file -Edit Record Navigate Farm Reports Format Tab Help :j ; y> __ ,. } I. • r lump I� o Routing Status Fees Fee Summary Mam Actions Attachments Routing History Valuation .qch/fE g Custom Fields Sub Permits Parcel a 16 Permit type aslu Aspen Land Use Permit * 10083.2012ASLU 70 Address 3 E HALLAM ST Apt -Suite —� o° City ,ASPEN State �� 1 Ztp 51611 o Permit Information o Master permit Routing queue aslu07 AWW 111.10.012 o. F Project I Status pending Appiedr 0 N Description APPLICATION FOR THE LAND USE PART OF THE HPC APPLICATION APPLIED FOR 1ssued ` �J ON 7.24.12 PLEASE REFERENCE 0024.2012MPC FOR BILLING -ALL FEES ',SERE PAID UP FRONT FOR ATOTAL OF S4.360.00 REFERAL TO PARKS AND ENG. Closed,'Final Submitted IDEREK SKAL.KO 309 ii aid'Running D*i °I Expires 11,Q—ko13 tamer Last name IBERKO First name FERENC & MIRTE PO BOJ(360 t PEN CO 81612 Phone () Aess Applicant Owner is applicant? C Contractor is applicant? Last name IBERKO First name FERENC & MIRTE 1130 BOX 360 ASPEN CO 81612 Phone i I Cush 5077 Addrasc I Lender Last name ; First name Phone Address I i I i Displays the permit lenders address A.spenGold5 (server) angelas - l of 1 A�iG ��rs p57tA d ��• "7/2 � f I2 o-n Od 2- 2 o f 2 A+ IPC_ cc, RECEIVED JAN 2 5 2013 SUPPLEMENTAL LAND USE CODE SECTION RESPONSES CITY OF ASPEN COMMUNITY DEVELOPMENT 26.480.030.Exemptions 2. Lot split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. The Property consists of four Historic Townsite lots and is not located in a subdivision approved by either the Board of County Commissioners or the City Council. The property is not described as a metes and bounds parcel and has not been subdivided after the adoption of subdivision regulations. Moreover, the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. No more than two (2) lots are proposed to be created by the lot split. The resulting 6,000 sq. ft. lots will conform to the requirements of the R-6 zone district which is the underlying zone district. Residential uses currently exist on both parcels to be created from the lot split. In the event that redevelopment is proposed, affordable housing mitigation will be provided as required by the Land Use Code. c) The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. The Property has not been under consideration or has not been previously the subject of a subdivision exemption or a "lot split" exemption pursuant to Chapter 26.470. d) A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. A subdivision plat which meets the terms of Chapter 26.480 Subdivision and conforming to the requirements of this Title will be submitted and recorded with the Pitkin County Clerk and Recorder's office following final approval. The plat will contain a note stating that no further subdivision may be granted for the newly created lots and that no additional units will be constructed without required land use approvals and growth management allocations. No additional 223 E. Hallam Sheet Lot Split Supplemental Code Response PID: 273707316003 Page 1 18 January 2013 development is proposed as a part of this proposal. A copy of a draft plat is attached. e) The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. A subdivision exemption agreement and plat will be recorded in the Pitkin County Clerk and Recorder's Office on or before 180 days following approval by City Council. f) In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Currently on the Property is an 1893 two-story Victorian residence with two residential units (the "Victorian"), a 1964 one-story residence (the "Studio"), and a one-story outbuilding used for storage. A non-contributing portion of the Victorian that is located across the proposed lot line will be demolished. This partial demolition has previously received approval by the Historic Preservation Commission. No immediate plans for additional demolition are currently contemplated for the other structures. g) Maximum potential residential build -out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. The Victorian currently contains two units and the Studio represents one unit for a total of three existing units on the Property. The two parcels created by the lot split will not contain any more than three (3) units. The allocation of units on the newly created parcels may be changed in the future, but will not exceed three units. 223 E. Hallam Street Lot Split Supplemental Code Response PID: 273707316003 Page 2 18 January 2013 �4,�b�1D BERKO SUBDIVISION APPLICATION 11 December 2012 Location: 223 E. Hallam Street, Aspen, Colorado (PID: 273707316003) City of Aspen Historic Townsite Block 72, Lots C, D, E, F ---------- ------------ AWL C PARCEL 2737 - 073 - 16 - 003 EXISTING LOT - 223 EMT RALIJ W -"—LOT&C li E & F, BLOCK 72 12,000 SQW v or o rX7 nT f-%CfZ 7� An application to subdivide the 12,000 sq. ft. lot into two (2) 6,000 sq. ft. fee simple lots. Represented By: STAN CLAUSON ASSOCIATES INC landscape architecture. planning resort design 412 North Mill Street Aspen, Colorado 81611 t970/925-2323 f.970/92o-i628 info@scaplanning.com www.scaplanning.com TABLE OF CONTENTS ■ Land Use Application Form (Attachment 2) ■ Dimensional Requirements Form (Attachment 3) ■ Attachment 4 -Project Overview and Code Response ■ Attachment 5 - Vicinity Map • Attachment 6 - Existing Conditions Survey • Attachment 7 - Draft Subdivision Plat • Attachment 8 - Proof of Ownership ■ Attachment 9 - Letter of Authorization ■ Attachment 10- Parcel Description ■ Attachment 11 - Historic Preservation Commission, Resolution No.ZI, Series 2012 • Attachment 12 - Adjacent Property Owners within 300' ■ Attachment 13 - Pre -Application Conference Summary 223 E. Hallam Street Subdivision PID: 273707316003 11 December 2012 ATTACHMENT 2 —LAND USE APPLICATION JECT: le: Berko Subdivision Application ation: 223 E. Hallam Street, City of Aspen Historic Townsite Block 72, Lots C,D, E, F (indicate street address, lot & block number, legal description where appropriate) ,el ID # (REQUIRED) 273707316003 'LICANT: ne: Berko Family cress: c/o Nora Berko, 130 Snowbunny Lane, Aspen. CO 81611 one #: 970-925-3850 PRESENTATIVE: ne: Stan Clauson Associates, Inc. cress: 412 N. Mill Street, Aspen, CO 81611 one #: 970-925-2323 YPE OF APPLICATION: (please check all that apply): ] GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ] GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ] Special Review ® Subdivision ❑ Conceptual SPA ] ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condotniniu►uization) Amendment) Mountain View Plane ] Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion Residential Design Variance ❑ Lot .Line Adjustment ❑ Other: Conditional Use XISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Parcel number 273707316003 is a 12, 000 sq. ft. parcel located in the West End neighborhood of the City of_ Aspen Historic Townsite. Two residential structures currently exist on the site. An 1893 two-story Victorian residence with o residential units an a one-story residence built in 1964. DPOSAL: (description of proposed buildings, uses, modifications, etc. Applicants wish to subdivide the 12,000 sq. ft. lot into two fee simple lots of 6,000 sq. ft. No new development is contemplated with this application. ✓e you attached the following? FEES Du: S 4675.00 Pre -Application Conference Summary Attachment #l, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Forn Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text crosoft Word Format) must be submitted as part of the application. Large scale projects should include an Ironic 3-1) model. Your pre -application conference summary will indicate if you must submit a 3-1) model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Berko Subdivision Application Applicant: Berko Family c/o Nora Berko Location: 223 E. Hallam Street Zone District: R-6 Lot Size: 12,000 sq. ft. Lot Area: 12,000 sq. ft. (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: 0 Proposed. 0 Number of residential units: Existing: 3 Proposed: 3 Number of bedrooms: Existing: 6 Proposed.• 6 Proposed % of demolition (Historic properties only): 227 sq. ft. of non-contributing addition DIMENSIONS: Floor Area Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: Existing: 4050.5 sf Allowable: 4260 sf Proposed.• 3823.5 sf Existing: 28' Allowable: 25' Proposed. 28' Existing: 19' Allowable: 25' Proposed: 19, Existing: 4 Required• 6 Proposed.. 4 Existing: 29% Required: Existing: N/A Required: Existing: 2' Required: Rear Setback: Existing: 8'3" Required.• Combined FIR: Side Setback: Side Setback: Combined Sides: Distance Between Buildings Existing: N/A Required: 12' 10" E Existing: aiage) fired. Existing: 6'2" W Required.• Existitg: 7'8" Reguired• 30% Proposed: 37% historic), 16% (studio) N/A proposed.• N/A 10', 15' proposed. 2' historic), 14' (studio) 5', 10' Proposed: 8'3" N/A proposed.. N/A 15' 15' 15' Existing 15 _Required. proposed.. 12' 10", 1'6" (historic), 15'(stud _Proposed. 8' (historic), 6' (studio) —Proposed.- 20' 10" (historic), 21' (studio) 5' Proposed. 21' Existing non -conformities or encroachments: Front, rear, and side yard setbacks. Variations requested: None. Attachment 4 PROJECT OVERVIEW The Applicants are requesting subdivision of the 12,000 square foot property at 223 E. Hallam Street, parcel number 273707316003, (the "Property"). The Property consists of four (4) townsite lots, and would be divided evenly into two fee simple lots of 6,000 square feet, each lot consisting of two townsite lots. The property is located within the R-6 zone district and is a 12,000 square foot lot that was designated a historic landmark through Ordinance #4, Series of 1982. When subdivided, the resulting lots would conform to the minimum lot size in the R-6 zone district of 6,000 square feet. Currently on the Property is an 1893 two-story Victorian residence with two residential units (the "Victorian"), a 1964 one-story residence (the "Studio"), and a one-story outbuilding used for storage. The Victorian was once the family home of the famed Aspen photographer Ferenc Berko, and is still in the ownership of members of the Berko family. Because it contains an historic resource, the entire parcel is currently designated on the City of Aspen Inventory of Historic Sites and Structures. The Studio is eligible for designation as an AspenModern historic landmark. When subdivided, the parcel containing the historic resource would remain historically designated. The parcel containing the Studio could be historically designated under the AspenModern program at some later point in time. A 1967 non -historic addition to the Victorian crosses over the proposed new property line between the lots. In order to conform to the zoning code, this addition would need to be removed. The applicants propose to remove this addition, and believe that removing the addition will actually improve the historic quality of the Victorian. Accordingly, they sought and received approval from the Historic Preservation Commission on 14 November 2012 to remove the addition and restore the historic west facade. The Studio would be located on its newly - created lot with appropriate setbacks. The Applicants have no immediate plans for additional development on either the Victorian or the Studio lots, beyond the removal of the 1967 addition. The residential use and scale of the two lots would remain consistent with current use patterns in the West End. The individual lots would be served by separate utilities, but would not require any additional public facilities. The lots are served by an alley access and would not require driveways or curb cuts on Hallam Street. The Berko family has experienced that a property with two disparate residences on the same lot is difficult to maintain or offer to subsequent owners. When separated, each property would be able to make a continuing contribution to the residential fabric of the West End. 223 E. Hallam Street Subdivision PID: 273707316003 Page 1 I 1 December 2012 LAND USE CODE SECTION RESPONSES 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. No additional development is contemplated with this application. The Victorian and Studio residences will remain unchanged, with the exception of the HPC approved demolition of the non-contributing addition to the Victorian. The proposed subdivision is compatible with the mix of development in the immediate vicinity in terms of density, height, bulk, architecture, landscaping, and open space, and complies with the Aspen Area Community Plan and Residential Design Guidelines. The neighborhood is characterized by single family homes generally located on lots of 6,000 sq. ft. or less. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed subdivision will create two 6,000 sq. ft. lots, which will be consistent with the minimum lot size in the R-6 zone districts and the character of existing land uses in the area. Each lot will contain residential and customary accessory structures consistent with the existing use pattern in the neighborhood. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. The proposed subdivision will not adversely affect the future development of the surrounding areas. The subdivision seeks to divide a single 12,000 sq. ft. lot and create two 6,000 square feet lots. No additional development is proposed as a part of this application. Subdivision will improve the long-term viability of the residential uses and support the surrounding area. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. The proposed subdivision is in compliance with the all applicable requirements of this Title. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. The proposed subdivision is located in the established West End neighborhood of the City of Aspen Historic Townsite. The propose subdivision located on land which is suitable for development and has been in residential use for over a century. There are no issues due to any natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents of the proposed subdivision to any greater extent than other parcels located in the neighborhood. 223 E. Hallam Sheet Subdivision PID: 273707316003 Page 2 11 December 2012 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. The proposed subdivision will not create any inefficient spatial patterns, or duplications, or premature extensions of public facilities and unnecessary public cost. The lots created by the proposed subdivision will continue to utilize existing infrastructure currently in place and no new public facilities will be required. As the property currently contains two residences, no additional residences or traffic generation will be added to public streets. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. The proposed subdivision will not require the variation of any Engineering Department Standards. Curbs are currently in place and would be retained. No curb cuts are required, as the resulting parcels are served by an existing alley. Sidewalks do not currently exist on this block of Hallam Street, and are not generally recommended for the West End except for corridors of high pedestrian traffic. This block of Hallam Street is currently designated during the summer as part of the City of Aspen Pedestrian/Bike System. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi -family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. New or replacement dwelling units are not proposed as part of this subdivision. Accordingly, no affordable housing is required for the proposed subdivision. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. This provision does not apply, as no new development which would result in the creation of new dwelling units is proposed in connection with the proposed subdivision. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. No new development which would result in the creation of a new dwelling unit requiring development allotments is contemplated in connection with the proposed subdivision. 223 E. Hallam Street Subdivision PID: 273707316003 Page 3 11 December 2012 26.575.020 Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions. No new development which would result in the expansion of the existing structures is contemplated in connection with the proposed subdivision. Features which require calculation and measurements, including floor area, setbacks, and other dimensional aspects of development, will be unchanged from current conditions. Existing conditions with regards to floor area, height, and other dimensional aspects will be considered pre- existing. New setbacks will be established for the resulting 6,000 sq. ft. lots. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. There are no steep slopes, areas of easement, areas under water, or similar features on the Property, which would reduce the net lot area of the resulting lots. D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.) The available floor area for the newly created parcels which will result from the proposed subdivision will be based on a 6,000 sq. ft. lot, which for the R-6 zone district is currently identified as 3,240 sq. ft. for a single-family residence. No additional development or change in use is currently contemplated with this application for the existing structures. The calculation of existing and proposed floor area will comply with the requirements contained in 26.575.020(d). E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. The required setbacks for the newly created parcels which will result from the proposed subdivision will be based on a 6,000 sq. ft. lot, which for the R-6 zone district are currently identified as follows: Minimum Front Yard: Principal building- 10 feet, Accessory building- 15 feet Minimum Rear Yard: Principal building - 10 feet, Principal building garage - 5 feet, Accessory building 5 feet 223 E. Hallam Street Subdivision PI D: 273707316003 Page 4 11 December 2012 Minimum Side Yard: 5 feet, 15 feet total both side yards Certain features of the Historic Resource appear to be located within the setback areas which will be created following subdivision. A non-contributing addition which is located on the future interior side yard will be removed to avoid any encroachment into the neighboring lot and will become conforming to the side yard setback requirement. Other existing encroachments of the Historic Resource are pre-existing nonconformities and these nonconformities will not be increased. F. Measuring Building Heights. 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. b) Roofs with a pitch from 3:12 to 7.12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. c) Roofs with a pitch greater than 7.12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third ('/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. 3. Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured vertically from the ground to the specified point of the building located above that point, as further described below: a) Measuring height along the perimeter of the building. At each location where the exterior perimeter of a building meets the ground, the measurement shall be taken from the lower of natural or finished grade. Building permit plans must depict both natural and finished grades. b) Measuring height within the footprint of the building. For the purposes of measuring height within the footprint of a building, areas of the building within 15 horizontal feet of the building's perimeter shall be measured using the perimeter measurement, as described above. In all other areas, the natural grade of the site shall be projected up to the allowable height and the height of the structure shall be measured using this projected topography. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 223 E. Hallam Street Subdivision PID: 273707316003 Page 5 11 December 2012 If necessary, the Community Development Director may require an applicant document natural grade, finished grade, grade being used within the footprint of the building, and other relevant height limitation information that may need to be documented prior to construction. c) Measuring to the roof— The high point of the measurement shall be taken from the surface of a structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the eave point, the eave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. No new development is proposed with this request for subdivision. The existing structures will be considered pre-existing structures. In the event new construction is contemplated, the new construction will adhere to the applicable requirements for measuring building heights. G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. When measuring to the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. The current site coverage on the existing 12,000 sq. ft. lot is, expressed as a percentage, approximately 29%. Anticipating the demolition of the addition on the historic resource, the estimated site coverage for the proposed subdivision into two 6,000 sq. ft. lots will be 37% for the lot containing the Historic Resource and 16% for the lot containing the Studio. These are consistent with the requirements of the R-6 zone district. J. Measurement of Net Livable Area. The calculation of Net Livable Area shall include all interior space measured from interior wall to interior wall, including interior partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one unit, finished or unfinished basements which are or can be made habitable, and storage areas, closets and laundry areas accessible from the interior of a unit. Net livable Area shall not include common circulation areas, common lobbies, common stairwells, common elevator corridors, or similar common spaces not intended or designed to be occupied by an individual tenant. Net Livable Area shall not include uninhabitable basements, mechanical areas, stairs, unconditioned storage accessible only from the exterior, garages, carports, patios, decks, porches or similar spaces. When calculating the net livable area of the existing residences, the applicable method will be utilized. 26.575.050 Fences Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards (see Chapters 26.410 and 26.412). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street 223 E. Hallam Street Subdivision PID: 273707316003 Page 6 11 December 2012 grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the Building Inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. In the event fences are desired to be erected, the applicable requirements in connection with fences will be followed. 26.575.060 Utility/trash/recycle service areas A. General. The following provisions shall apply to all utility/trash/recycle service areas: 1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash/recycle service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than ninety percent (90%) opaque. 2. Whenever this Title shall require that a utility/trash/recycle service area be provided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this Title, provided that an open area is provided which shall be accessible to the alley and which meets the dimensional requirements of this Section. 3. A minimum of twenty (20) linear feet of the utility/trash/recycle service area shall be reserved for box storage, utility transformers or equipment, building access and trash and recycling facilities. For properties with thirty (30) feet or less of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of ten (10) feet and a minimum depth of ten (10) feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. 4. The Planning and Zoning Commission may reduce the required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Subsection 26.575.060.B. Existing utility, trash, and recycle service areas will remain unchanged and will be considered preexisting features of the lots. The lots will be served from the existing alley. 26.575.100 Landscape maintenance Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three (3) year period from the date of the receipt of the financial assurance referenced below. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within forty-five (45) days of notification by the Community Development Director. If seasonal constraints do not allow planting of the approved plant material within forty-five (45) days the owner may in writing seek permission from the Community Development Director to: No new development is proposed with this request for subdivision. While the existing landscape materials have been in place for much longer than three years, the landscape will continue to be maintained in accordance with current maintenance standards. In the event new development is considered, landscape maintenance will comply with the applicable standards. 26.575.140 Accessory uses and accessory structures An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory 223 E. Hallam Street Subdivision PID: 273707316003 Page 7 11 December 2012 buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. No new accessory uses or accessory structures are proposed with this request for subdivision. An existing garage located on the Historic Resource lot will remain unchanged. 26.575.150 Outdoor lighting A. Intent and purpose. The City has experienced a significant increase in the use of exterior illumination. City residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. No new lighting is proposed with this request for subdivision. Existing lighting will be considered preexisting. In the event new outdoor lighting is installed, the newly installed lighting will adhere to the applicable lighting standards. 26.580.020 Subdivisions The following regulations shall apply to all development involving a subdivision. This subdivision request seeks to subdivide a 12,000 sq. ft. lot into two 6,000 sq. ft. lots. No additional development, including additional utilities and streets, are contemplated with this application. 26.710.040 Medium -Density Residential (R-6) A. Purpose. The purpose of the Medium -Density Residential (R-6) Zone District is to provide areas for long- term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium -Density Residential (R-6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the City. Existing and any future residential development on the lots will comply with the purpose and intent of the Medium -Density Residential (R-6) District. The newly created lots are for long-term residential purposes, and other uses as provided for in the Land Use Code. 223 E. Hallam Sheet Subdivision PID: 273707316003 Page 8 11 December 2012 Attachment 5 2w WWII Legend GmeNine $040 100 Year Flood Zone Stream Margin Crty of Aspen Addresses OAirport NMalor Road+ Roads N Eagle and Garfield CO Roads OEdge of Pavement Aspen Edge of PavementPltsin Dn Ves Rovers d Streams Subdivisions Structures Condos Parcels Lases d Ponds Overlays Cdy of Aspdn Zoning A All ct cc c, L MJ NC —.e—I Os Is �rue RlMF RROFA R•15 R•W R•1R1 ■ R4 R-00 R4 Ra ■ KI ® $Kl wo Subject Property 223 E. Hallam Street Subdivision PID: 273707316003 10 December 2012 Attachment 6 CITY OF ASPEN GPS HOHUIENT MD. $ O 20 ONE FOOT CONTOURS VICINITY MAP 1- - 600' p ; C 1, ""'I . I£LA! ._ ,6. R_0. .44` C V TR�ET G 4 eA )� s°p 1• 2 1 ! S CA 86.91AyO,S 00 / I . CITY MONUMENT NE. CORNER BLOCK 72 - H0R120MTK CONTROL g LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED SURVEY CONTROL ❑ UTILITY 101 TITLE 'INFORMATION FURNISHED BY• LAND TITLE COMPANY ORDER :No. O GUARANTEE22 DATEDFEBRUARY 6, 21D09 a DRAIN GRATE - FENCE 0 CUT UTILITY POLE POSTED ADDPESS '214' CALLS IN 1 1 RECORD AS PER 1959 OFFICIAL PLAT OF THE CITY OF ASPEN ® WATER VALVE TREEIDI TAMETENIPNRI INCHES, Di'OLIRE IN FEET) FLIOSWPRLREMIYASS SISNIWNAOENOFl00D INSURANCER RA TE�MAPRPRE AREO BY D TO BE OUTSIDE 50FOREAR P I TKIM COUNTY COLORADO, COMMUNITY -PANEL NUMBER 06097CO203 C, EFFECTIVE DATE: JIVE A, IN7 THIS PROPERTY LIES ENTIRELY N81DE QF TIE CITY OF ASPEN MUD Of HAZARD AREA A5 DEFINED 8Y THE CITY OF ASPEN MASTER OM IMAGE PLAN, PROJECT NUMBER 1963, Fl"E ES-15. SEWER, ELECTRIC, GAS, AND PHONE UTILITIES IN ALLEY RATER IS IN HALLAM STREET ELEVATIONS SHOWN ON THIS SURVEY ARE BASED ON THE CITY OF ASPEN GPS MONU£NT MO B. INGVD 19291 ELEVATION - 7882.756 A CERTIFICATION THE UHDERSI D STATES T1U7 THE PROPERTY DESCRIBED HERECN WAS FIELD SURVEYED DURING 201' AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS ENCROACANMENTSND ATEA EMENTSARE ORODISRIGHTSEOF WAYS INFFRIELDREVIDENCE AOR LKNOWN INE CTO MELTS, E%CEON SNOIIN. UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES, ANJ ON. •.ggECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. THIS SURVEY .S b STAMPED WITH THE SEAL OF THE SURVEYOR BEL011. 'ERROR 0 E '1�. '7NAN 1/15,000.' O S. 2 IMPROVEMENT TOPOGRAPHIC SURVEY LOTS C D,E AND F, BLOCK S2. CITY AND T0WN51 TE OF ASPEN. CITY OF PER COUNTY OF PITKIN STATE OF COLORADO CONTAINING; 9,000 50 FT •/- 0.207 ACRES •/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO $1611 PHONE/FAN 1970) 925-31116 DATE Job 10/II 41277 Attachment 7 VICINITY MAP - .00' CITY OF ASPEN GPS MONUMENT N0. 6 CITY OF ASPEN GPS MONUMENT N0. 8 B HOUSE LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED ♦ SURVEY CONTROL ❑ UTILITY BOX TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE. INC DATED ALL EASEMENTS NOTED IN TIRE COMMITMENT ARE SHOwM DRAIN GRATE FENCE 0 CUT UTILITY POLE POSTED ADDRESS -214' CALLS IN ( ) RECORD AS PER 1959 OFFICIAL PLAT OF NE CITY OF ASPEN ® WATER VALVE TREE WIN CALIPER (CONFER-F. DECIWOUS.D) (DIAMETER IN INCHES MIN-INE IN FEET) NIS PROPERTY IS SITUATED IN ZONE -X (AREAS DETERMNED TO BE OUTSIDE 500-YEAR FL000 PLAIN) S SHOWN ON FLOOD INSURANCE RATE P PREPARED BY FE.M.A., FOR %MIN COON vACOLORADO. COMMUNITY -PANEL NUMBER 0W97CO203 C. EFFECTIVE DATE: SINE .. 1987 THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS DEFINED By THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963. FIGURE ES-15, SEWER, ELECTRIC. GAS. AND PHONE UTILITIES IN ALLEY WATER IS IN HALLAM STREET ELEVATIONS SHOWN ON THIS SURVEY ARE BASED ON THE CITY OF ASPEN GPS MONUMENT NO 8 (NGV) 1929) ELEVATION - 7882.758 41k 223 E. Hallam Street Subdivision A subdivision of the 12,000 sq. ft. lot into two fee simple 6,000 sq. ft. lots. EAST 1 I. R L D w Af STT _ET �,8 19"D B'1Ck OF CURB 8'OL 7889 RED. 901 EL )BB9.1 120 p0�OL 18'DL / � 2 I}'F OL 11, IS L / 89, l F t) 'DL ar 28 2 L t 1 ea a be rem.Yed 6,00 sq. ft. 12'F C / 32�F �10'D �20 DL D 280 HOUSFF / C / �890.0 35'F 018 OIL ALLEY 2069. ROuNPA,) BLOCI� G ,'7 Lot 6,000 . ft. HOUSE E SILL / )892.) \ / eI DfcI 1.1 P iclk A LERS N )S BA5��1 r'W OF BEM INGOp, )890.0 � 8t 12 U F g 15'F G 9ISDL 2 GARAGE `44NC CITY MONUMENT NE. ORNER BLOCX 72 HORIZONTAL CONTROL )891.) 0 10 20 FOOT ONE FCONTOURS Owner Representative: Ms. Nora Berk. 130 Snowbunny Lane Aspen, CO 81611 Aspen City Council Approval This subdMsan plat of 223 E. Hallam was approved by the City of Aspen City CWncll On 8re N day of 201_ by Ordinance No. _, Series of 2012, recorded in Me, .1fka of the Clark 8 Recorder of Pitkin County in Book and Page as Reception No. Mayor, City of Aspen Date Attesb City Clerk CommunityDevelopment Director Approval This subdivision plat for 223 E. Hallam Street was approved by the City of Aspen Community Development Director Rds _ day of , 2012 pursuant to the Munkipal Code of the City of Aspen. Community Development Director Clerk 8 Recorder Certificate: This plat was filed for recording in the office of the Clerk 8 Recorder of PRkin County on the day 2012, and Is recorded In Book _ .n Page _, as Re ytbn No. Clerk 8 Recorder City Engkleer Approval This plat wos approved by me City Engkleer of the City of Aspen, Colorado RYE _day of _ 2012 City Engineer CERTIFICATION THE UNDERSIGNED STATES MAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING ----_— ------- 2011 AND IS ACCURATE BASED ON THE FIELD EVIDENCE AS SHOWN. AND THAT THERE ARE NO DISCREPANCIES OF RECORD. BOUNDARY LINE CONFLICTS, ENCROACHMENTS, EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME EXCEPL AS HEREON SHOWN UNDERGROUND UTILITIES WITH NO ABOVEGRWND APPURTENANCES. AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR RE EXCEPTED NIS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW 'ERROR OF CLOSURE IS LESS THAN 1/15.000.- DATED__-_---_. JOHN 4 HOMVRN, P.L.S 259.) IMPROVEMENT TOPOGRAPHIC SURVEY" OF LOTS C,D,E AND F. BLOCK 72. CITY AND TOWNSI/E OF ASPEN CITY OF ASIPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING. 9.000 SO FT s/- 0.207 ACRES ./- PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (970) 925-3816 DATE OB 10/II .1277 LAND TITLE GUARANTEE COMPANY TBD Report lur Order No. Q62004962 FBD Report Fee $100.00 This report is neither a commitment to insure, nor an abstract of title. This product may not conform to the written standards and practices of our underwriters and the Company reserves the right to set further requirements and/or exceptions should a full title commitment be ordered in the future. The liability of the Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be held liable to any party other than the applicant for this report. Certification Date: November 30, 2012 at 5:00 P.M. Address: 223 E HALLAM ST ASPEN, CO 81611 Legal Description: LOTS C,D,E, AND F, BLOCK 72, CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Ownership: Recorded Count PITKIN PITKIN PITKIN PITKIN PITKIN Recording Date 12-20-2000 12-20-2000 12-30-2008 12-30-2008 01-16-2009 Reception Number 449827 449828 555365 555368 555827 Book/Page The following will be required should the Company be requested to issue a future commitment to insure: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. NOTE: AFFIDAVIT/STATEMENT OF AUTHORITY FOR ELM 223 LLC RECORDED FEBRUARY 06, 2009 UNDER RECEPTION NO. 556294 DISCLOSES NORA BERKO AS MANAGING MEMBER WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID LLC. Our Order No. Q62004962 )M THE CITY OF kVIDING AS MINE OF GOLD, OR POSSESSION S OF 2012 RECORDED > TO AN UNDIVIDED INTEREST AND ELM STEE OF PITKIN ;491,000.00 0 AN UNDIVIDED 25% 'EREST AND ELM STEE OF PITKIN 100,000.00 LINES AND THE EFFECT rO ANY SAID i' i Lard Tit I e Guarantee ConYpany Date: February 13, 2009 titlepolicy@Apinebank.com LPINE BANK, ASPEN ATTN: LOAN DEPT 600 E HOPK►NS ASPEN, CO 81611 Re: Your Ref. Number 0260596001 Enclosed please find your Land Title Guarantee Company loan policy insuring the property at 223 EAST HALLAM STREET ASPEN CO 81611 and owned by GINA BERKOASTOAN UNDIVIDED 25% INTEREST AND The following endorsements are included in this policy: Deletion of Standard Exception(s) Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions or comments regarding your policy, you may contact Title Department Phone: 970-925-1678 Fax: Please refer to our Order No. QTF62002002 We at Land Title Guarantee Company believe in delivering quality products thA meet your needs, and our goal is to provide the most efficient, reliable service in the industry. Thank you forgiving us the opportunity to serve you! Si ncerel y, Land Title Guarantee Company Form AL/ORT Our Order No. QTF62002002 Schedule A Property Address: 223 EAST HALLAM STREET ASPEN CO 81611 1. Policy Date: February 06, 2009 at 4:20 P.M. 2. Name of Insured: ALPINE BANK, ITS SUCCESSORSAND/ORASSIGNS LTG Policy No. LTFJ62002002 Amount $491,000.00 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is. A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: SEE ATTACHED 5. The mortgage, herein referred to as the insured mortgage, and the assignmentsthereof, if any are described asfollows: DEED OF TRUST DATED FEBRUARY 04, 2009, FROM GINA BERKOASTOAN UNDIVIDED 25% INTEREST AND DAVID M. FLEISHERASTOAN UNDIVIDED 25% INTEREST AND ELM 223 LLC ASTOAN UNDIVIDED 50% INTEREST TOTHE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $491.000.00 RECORDED FEBRUARY 06, 2009, UNDER RECEPTION NO. 556295. 6. The Land referred to in this policy is described as follows: LOTSC,D,E, AND F, BLOCK 72, CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form AL/ORT Our Order No. OTF62002002 Schedule B - I LTG Policy No. LTFJ62002002 This policy does not insure against loss or damage by reason of the following: 1. Rights or daims of parties in possession not shown by the Public Records. 2. Easements, or daims 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 or inspection of the premiseswould disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor, or materiai theretoforeor hereafter furnished, imposed by lavv and not shown by the Public Records. 5. ANY AND ALL TAXESAND ASSESSMENTS. 6. RESERVATIONSAND EXCEPTIONSAS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED IN BOOK 59 AT PAGE 330, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 7. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINESAND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONSARE HEREBY DELETED. * LOAN POLICY OF TITLE INSURANCE AW tUflCEffCLAM 9DANK'UHRl` 7f10ECRSTA7l3VENrINWdTiNGR3IJRIDTOBEQIBVTOTFE03A +:PWLNEE t THSFCUO(MUE>7BEG%kNTOTi-EOUNATT}�5S-DMIN=CN17CFTFE= 1Q5 ODARDRSKS SLEJHTTOTI-EIXCJ.J3CMFi;CM03AFAA( 7 ED(=aZFT,iJvlCa C O ffAIN®INSO-ED-LEBANJTFE QO`L7TiCKt�QDFEU3JCN4\'nCP.T1TLEINS-WCEOUA:IAM aM,, a ccrpora`icR('theCoxrXanj'), insress as d lute d Riicy and, to the edert stated in QNe'ed Rs!s 11,13, and 14, after Ned Fblicy, against losses dartag, rot ecceecirg theArrort d Irsraoe, sistaired a irc rred by the trered bj ream of: 1. Title being vesteddhrrthenasstatedinSdhaWeA 2 ATV defect inor lien aeruriraceonthetitle;ThsoweredRdcincludes bLtisnot firritedtoiraraceagainst loss from (a)AcilectintheTdlecei by @ forgery, frau uds irfluare, dress, incorrpeteTy, incapedty, or irrpasratiorT (i) failure d any pawn or Et ity to Lae atdnrimd a transfer or arr✓eyarm, (ii) a dxuTE t affecting Title rut prcpety created, exeated witnessed sealed, admoMxlly% ri taimd or dsivea# (N) faltreto peformttose acts ray to createa dxvrat bl electronic rrearsathximd t y lay+; (v) a dxure t e eated u-dar a falsified apred, or cttawis, invalid pone of attorney; (A) a doa.mat not p-opxTly filed record or inked in the Folic Fbards irdudrg falue to peformthceeacts by electronic rreasatturiad bf lav a Mi) a dEfeectivej uidat or achnistrative proceeding, (b) The I ien of real estate to ces or assessments imposedon the Title by a govemetal atthority die or ale, b_t upad (c)AryarroactYrert,ei-ia� vidatioRvariation, aaf✓ers drorrstaceaffetiTtheTdlethatwoddbedslosedbyanaarateand corrplete land sxveydthe Land Theterm"e croadrrert" Includ25 encrodctnrots of eKlst ing Inj7WQre is located al the Lad ato a4aning larod and a crosic[Trerts onto the Lad of edsting impro Brats located on a4dnirg land 3. LMari statdeTitle 4. i`brift ofaooesstoand frantheLard 5. The vidationorerfaoffr t of ary laN, adrarne, pewit, or gvermHta regiatimQrdmirgthoserelatingtolxikdngadmnirgl restridirg, regJatirg proititing, or relatingto (a) the oa pm-y, uee or erjoyn e t d tts Lary; (b)the character, dms-aors, a locationof any inrpromTet erected onthe Lact (c) the s.bdvison d laud cr (cDemiraTrerta protection if a rctice; describing ay part of the Lend is recorded in the Ridic Fboorrls setting forth the vidat ion or intention to erfac> , tot only to theadet of the vidation or eforoanat referred to in that notice 6 An erforoarat action based on the ecedse of a gxenrrerta police paver not rousedty Oo✓ered Rsk5 if a not ice d t he erforce ret action, clessriting ay part d the La- d isrecordedintheRtlicRecorck4 tzt clytotheedert of tteeforcermt referred tointhat notice 7. Theexercised the dglts d erinat dorrain if a rot ioe ck the exercise, dmitirg any part d tto Laxj is rexxded in t to R.tlic F ecorct 8.AnytakingbyagNarnvialbodytFattnsooxrred and isbinding mttsrights dapud>aserfor vatswith tKmWedgis. 9. The inuaidty cr werforceabldy d the lien of the lowed Fvbrtgxe yea the Title Ths Q.NeredRsc induJes tot is rot limited to irs.raue aclairst Ioss fromany d the fdloMng inl airing the liei d the Ins,red Mbrtgege (a) forgery, fraud, udsirflusnoe- dyes$ ino mpietetiy, ircalsdty, or impersonation; (b) falue d ary persona Fit ity to h%e atttri2od a t rarsfer or mndeyarR (c) tte lnsred Mortgage rot t>irg ggoeiy aedad exeated witnessed, serried acdaioMedgxl, notarized, a cfel vered (a) failtre to perfamttrse ads nary to create a dxun3t by electror is mmsad hriaed by IaN (e) a dxurnrt easated uTler a fasfie d, epred, a dtswise invalid paved attarey; (f) a cbamert not properly tiles recacl;si, or ircb(ed inthe Rhtic Records indtd g falue to pefcrmthse acts � electronic rnsarsadfuized t» lea; or igi a cEiedieejuicial orac riristrdive procsedng 10. The lack d priority of the hand the Irsred Mortgage Lponthe Tdle ere ary other lien crerzmtraix. 11. The laded priority of the liend the Insred Mortgage Lponthe Title (a) as smxity for each and every a rrm of proceec5 d the ben seared by the bared Motgage ere ay statotay lien for sevicss� labor, or material aisng fronrnconAndiond an impraerert crwork relatedtottn? Lardwtan the impraeTat orwork is either Q) oat racted for or cormened on or before Ne of Fblicy, or (ii) mrtradedfa, corrmaued, a cat irr ed after Ned Folio/ if the ooristruiionis finennai, inwhole a in part, by proceeds of the loan seared by the bared Mort gage t h t the In s redhasadrdmed cr is akligated onCie d F blicy to adrabe; and b) ere the lien of any assessrTe is for street inpraerets Lads oanstn ction a ompteted at Dated Fblicy. 12. The inrvelidtyoruneforceablitydaryassgrratdthe bared Mort gag?,presidedtheassgn tisshNminSchedleAorthefailuedtheaedgTratstuvnin SJBJJe Ato vest t itle to the iareclMortgage in t he rarred bared assignee free ad dear of all Hem IsaBdthra the (ffioeof: LNZT1TlEQARVJEO3/PAN 533EFOM NIS#102 ASfBy C081611 970925-1678 e e ALCRT.06 (ALTA 06-17-06) Ower Pig 1 of 5 Od PepLdic Wiorel Title Insrace Carpay A Sock C rrpay 400SeoordAvexeSath, Mrrxepclis� Mmresda55401 (612) 371-1111 �.`I TITLES'. C * C) * m_ %d, * * * Dyer0 070. Not 13. The irhdicity, uaforceaLiliy, kick of priority, or a✓ddence of the lien of the bared Mortgage L pon the Title (a) reiltirg franthea ddame in W-deor in tart, or from coot orderlorwidrg an aft ergive rerrecfy, of any trasfe of all orary part of the title to or ary interest in the Land o=rring prior tot he transaotioncreatingthe lien of the Insred Wgxy bem that priortrariefaarstitUedafrariletapreferential transferurerWaal tsrimptcy, state insolvency, or similar credtera dgks bNsi or (b)bcamthelrreredMortgagecoretitLtesapreferential transfer udafederal berivtptcy,`tateiredwry,aanlacredtcr5 riftslaNsbyreasonofthefailueor is rezxdrg inthe Rtdic Records (i)tobetirrdy, or Qi)to input noticed ise> stareto a pud>=serfcr va1Leor to a juj Et or lien aerator. 14. Ary defect in or lien or en3iltranoeon the Titleor other netts irdu ad in Govered Rs161 throd>g~,13th3t has bean created or attadhei or has bean filed or rained inthe RtdicFecuclsstsecl.iettoDateofPoliryand prior tothereordrgof the lraxedI Iotgag intheRblicReoxck The 0or pony vAll also pay the costs attorneys foes and expa-Easirarred in cl fermi d any netts issued against by this Policy, W sty to the edet praidded inthe (brdtio s The follaMrg rrattersaeegre dy eddudEdfromthe oaseage of this p3lidy, ad the Cbnpry will not fay lossor darrega� oosts attorreys few or e¢ssigastha aise loy reason of: 1. (a) Any IaN, crdrerm paint, orgovemstal regulation(rrdudrgthxz relating to buldrg ard2onrgl restriotirg, regltirg, proh itirg or relatirgto (i)the ocafxarry, L-, orejoynet of the Lan# Qi)the character, dnereers, or location of any irrfxamTert erected onthe Land (iii)th a stxivdond lanct or (N) ermrCrrEtal protection; or Reeffect d ay vidaiond th eee laws erdra des, or gvermertal reglations, Ths ExdLeon 1(a) does rct rredfy or limit the 07✓eage pro0clad under Oxered Red S. (b) Any gDmTr e tal police power. This ExJL eon 1(b) does not nrdfy or linit t he cove's provided under Owered Rsk 6. 2 Rcjtsof erina t dxrain Ths &dreon does rot rr dfy or lint the omuaT praricbd Lrda Cwed Rat 7 or 8. 3. Defects lies, exzrrtrares ada'sedarrE� orother utters (a) cried( sffaei, assured, or agmd to by the Irared Clanart; (b) not K-cmto the Cbnf>3ry, rot recorded in the Rbic %mrdsat Dteof Fblicy, tat Knim to the Irared Gairrat end rot dedosed inwritirg to t he Cbnpary ty the Ins red Clanat prior to thedatette Irared Charrat be are an Irared uxfa this policy; (c) resulting in ro loss or darragp to the Issued Clainwt; (d)attachirgacriedsbeacp toDtedPolicyQom,thedxsrutrrodfyalinttlneewerageRdNidadu-&ONffedRedll,13or14);or (e) realting in loss or derrege that waded rot have been smeared if the Irared Qairrat had fad value for the Insrel Mortg3T. 4.UhefercetiftyofthelienofthelrsredMxtgag bec oftheinaoiliyorfailueofanlraredtoaxrplyvdthapplicatiecbrgkzsrxsslawsofthesttewhorethe Lard is atLete d S. Walidty or Lrafcrceablity in whole or in part oft he lien of the Insured Mat gaga that arises out of the trarmd ion evidenced by the Ina red Mortgage and is based Lpon Lary or any cons ercreditprotectionortrLthrinleLdnglay. 6. Any dam by re3sn of the operation of federal bar* n#cy, state irmlver>y, or anila aedtora rifts IaNs, that thetrareeciion creatirgthe lien of the Insued Mortgage, is (a) a fra rUert axUeyare or frauilat trade, or (b) a preferential transfer for ary reason rut stated in Owered Red 13(b) of this policy. 7. Any lien on the Title for real esttetaxes or as3sxrets inpcsed ty gxBnretal aLlhoity and crated or ttasfirg between Cote of Fdic y adthed#e of recordrg of the Irared Mortg)gE? in the R dic Fbocrds This B dLr3on does not nmdfy or lint t he aNeay provided ed rota mad R§( 11(b). CC -nCNS C69 NT I CN CF TEM The fdloNingtenswrten used inths policy nEn (a) °Aram of lraranoe': The arrout stated in SohecUe A, as may be inrreeserJ ordEveased by a re t to t hs poicy, increased by Sad ion8(b) or dBcreased bi Sect ion 10 of t hese C2ornit ions (b) Cate of Rolicy': The dtecleageted as"late of P;lid/' in SolatJe A (c)"Ertiy': A caportion patneaip trust, lirrited liabIity ompary, or other anila legal etiy. (d) "Irxlebtghesa': The old gat ion seared bi'the Irared Mort gxp irdLldrig one evidenced ed by de troic rreersMhnxi ed by IaN, and if that ddigstion is the feynat of a dell, the Incleloteiess isthe smd Q)thean-a t oftheRindfel dsla sedasof Datedf Policy, (ii)theanurtoftheprirdpadstousedslseq ttoDtedPalidy, Qii) the coretrLrtion loan adrareesmades.bmWettol�3eofPdidyfortheprpoedfirerarginvhndeorinpart thecoret ctiondfanirrtxoveretto the Land or relatedto the Landthat t he Irared was a-d cortinxd to be oldigeted to aJrdD--atCatedfPdicyandtthedatedtheadrarce, (R) interest onthe loan; (v) the RepeynEt periumna edt fees and other amla feesor penalties all wed by law, (vi) the egdadsesd foreclosure and any other costs of erforcerert, (via) t to ararts adrarr ern to a sue d ortptiare WthIaNs a to protat the lien or the pddxty of the lien of the Insred Mortgage before t he asgtiatim of theestteor interest intheTitIg (viii)the arnutstopay taxesart irsuan and (rx)thereasmaolearradsegaxedtopra tdetencrationofinpweretsbLttheIndeliedi-es.,isredjmltythetotaldallparnnatsadbyary anzrt fagven by an Inarei (e)"Irared': The Irared rerned in Sc eclleA ALCKf.06.2 QNe Page 2 d5 () Theterm"Irsred' also iodides (Nthe war ofthe irdeliediessandeach uxessorinamierstipofthe Indelfadeswhether the avraas rosvrstheIndete for its om acaxrt of as a trLdee or dt-ff ficlibery, ecept a successor vAm is an obligor udder the povisore of Section 12(c) of these Cod Lion s (B) the moron a Ertity who ht-s"control' of the"transferable moon{" if the IncladedleEs is eked Ity a "transferable record" asthrsetemrsae defiraad by applicadeelect nonc tiaionslaw; (Ca s coeseasto an Insixed by dssdUion, maw, ocrs lid3tkn cistribtion, or re xgatizatiort; P ameeorsto an Irk by itsoaNesonto another Idrd of RW, (gagarteedanIraredudaadead deliveredwithatpWm3ldaddalvalLetleardidsation m3the Title (1) if t he stock, saes marbel s!ip> or other e#y intez3sof the gartee are wholyavrei by the rarred bared (2) if the garteewholly avrsthe mires Irarecl. or (3)ifthe garteeiswfinlly-awed by an afffiliated Et Ry oft he named Irared, providedthe affiliated Ertity and the namedharedare bothwhdlyaNnecl by the same perscxn or Entity; (9 any gwarnre t agency or instarrvtality t her is an irarer or gimator urh an irara ce oat ract or gararty insrirg or gnratearg the Irdatteix';s searedby tte bared NbrtgQa,, cr ay part d d, vAdha oared as anbared or not; (i) Vat h regard to (A). (% (C), (Qj, ad (E)reservirg, hvvveva, all ngts arxd datersss asto ay spa t hat the ampary world have had acaird any praclacessor Inared, uiessthesuxe=_ex accl..ired the Irdettedess a? a pudroser for vale withot Krtavledged theassatet dated, liar eurrbav-- a dhi3 matte irared agtrd by the poicy. (i"Irared Clamat": An Irsied claming loss or clang:. 4"baredMxtgagd':The MortgK d3scritoadinpffag-.pi4dSdieJteA (h)"Khowledge!' or" Khwi':AdrBlkrorAedg„hot eat3ruiivelco ecga or not ice that may be impled to ain Irared by reason of the Rtolic Fboorclei or ary otherreoorclsthst impart eordrLcbverdiceof nTttaBafffedingtheTtle ()"lard': The lad described in SchedUeA end affixed irrprovaratsthat by lav oonstit ute real pigsty. The term" Lard' does rot indude ay property beyond the liresd the area dexribe d in St9,edjeA rur ay right, title, interest, estate, cr easer-rert in ab. ttirg streets, road;, avei es, allays, lanes, ways, or waterways btt this does not rrodfy or limit thee dent that a rip of access to and franthe Lard is irared by this policy. 4) "Mxtgxy': Mortgage, dead of tart, t rLd deed, or other sax✓ ty i rstrurat, irduing orie eAdenoed ty electroic mere s a.tho iz d by laay. (k) "Rtiic FaoorcV: Pboorcl;estadis ecl uber state satctes a; Cate of R9icy for the pupose of imparting axistrutke rot iced matters relating to real property to prdasers for valLP adwithdxt KrWe* Vvth respect to Cbveed Rsk 5(ci), "R6c Fbmr& sail also irdud eeriromreta protections IIErs filed in the records of the dek of the Lhted States District Qxrt for the district wteret he Lard is loomed Q} "Titld': Re estate or interest described in 3ineije A (n} " LhTErket able Title!': Tit le affected by an alleged or alWart matter that woUd pernit a prospective pLrchasK or I oftheTitleorlerkrontheTdleaa prospective p xduu of the bared Mortgage to be released fromthe obligation to prdrese, lease, or lad if there is a contract condition rep irirg the clekey of marketadetitle 2. WONLAflCNCFINR R/JVC- Theoweracpdthispdicyselloatirwinforceasof❑tedRticyinfaradanIraredafterax}stiondtheTitlebyanIraredoraftereon */armbyanbare( bt oriy so lorg a; the Irared ratans anestate or irtered in the Lard( or hdcf; an ddigaticn seared loy a p.rdess money Mortgage gven by a pudase front he bared( crony solongastheInaredsalhaveliabilitybyreescndwarartiesinanytrarderaom yarreoftheTitle.Thispolicyste)lrotcortirxeinfacein favor of any pudmer franthe Irs.rei cf either () anestate a interest inthe lair( or (ii) an odigtion seared by a pod we maey Mortgage gventothe Irarxl 3. NCMC—CFCIAIMTOBEG\,EN13YINaRDCLAIM4rT The lnaredste)lnotify the Ctrrfaylocalotlyinwriting() incased any NigertionassetforthinSedicn5(a)ofthdseCbndtiers,Qi)incos KroMe#shall eo eto an Iraredd any damof titleor irterest that is adveseto the Title or the lien d the Ire -red Mortgage, as inared, ad that night case loss or damage fa vvhchthe Corpzariymay belialoletyvirtu of this policy, or (iii) if theTtleortiv lien of the Irwed Mortgage, asir&W is rajacted as Lhrrarl(daloleTtle If theCorrioary is prquicedbythe faluedthe IraredGaimattopro0clapromptrrtioe, the Con7sojsliablitytotheharedQarraturfsthe policy shall beret tothe eQet dthepeILrdm 4. PFCCF CF LCE3S Intheevert the Corrpe y isuaadetodetermine the grout of Icssor damage, theCorpary may, at itsgotion, recoreasacondition d payment that the bared Qamat funisi a sgrd proof of Ices The proof of loss rod deeoibetted#ed, lief, edxrrirare, or other natter ins red against by this policy that odretUesthe- baass of lossor damage and sell state, to t heedert pule, the basisd caldilatirg the arvut of the Igor damage. 5. DBU\JSEAI\D PFKSEDLMCNCFACIICNS (a) L.Ipon written req-Ed by the Irarecl, and stied to the qot ions contained in lion 7 of these Cadtiors, the Co -1 ary, at its am cost and withxt L uess7e)de delay, stroll praicle forthe &area of an hared in litigat ion in which any third party assets a damtovered by the pit icy adverse to the Insred Thisobig#icnis limitedto oty ttdsestated caEes d act ion alleging mattes insred agard bythis poliy. The Qrrp`any shall tavethe right to select cxtrA d its dhcice(stied tothe rigt d the lraredto o0ect for raegonade cause) to r4reset the bared alto those stated caters of action it shall rut be liable forad will rut pay the fees d ay d he carsel. The Cbmpamy will rut pay ay fee, asts, oruses ircured by t he baredi n the dste�se d thoeecauaesd acticnthat alege rratters rot ire red Ord by this policy. (b)TieQrrpanystallha✓ethe dght, in addliticin to the off ions contained in Sad ion 7 of these Oorcltiors at fts(mm cost, to institite and proseate ery act ion or prooredrgortocbayother act that inits opinion may be necessary actesireadetoestadishtheTitleathelien oft heIrsredMortgage, asiraredor to preve t or reds --loss or clang to the Ira -red The Qtrhay may take any appro riata action uder the terms of this policy, wad Fa or not is shierl be liabe to the I rsred The exerdse of these ngts shall not be anadrissiond liadlity or waives day provision of this policy. If t he Cbmpay e(edses its rigts ud err this steficn, it cot$ to dp dligatly. (c) W ene.0 the Ctonpay brirgsanactionor asaatsa defense as regjre d or permitted by this policy, the Corper y may pus.ethe litigation to a fire) dstemirdionb/ a cout d ompelert jrrisddioR ad it aQpresely reservesthe rig[ t, in its sole cis retioR to appEd any adiesejudglat ororder. ALC RT OS.3 QNer Page 3 d 5 6. DUTYCF I NSLRD CLAI MANT TOCIOUIEATE (a) In all vAhereths pdicy pants or regnjresthe Gxrpery to prmeateor prodder for thedefeae of any action or proce cirg and any appas� the Irared shall secure tothe O rpaiytherifttosoposteorRondedefeseintheadionaprcoseirrginduingtherifttoLee,atitsgiion,thenarreofthe Insured for this purpose W ewer recluasted b,'the Ompany. the hared, at the CJnrparri/sepase, call give the arrpery aI reasonable ad () in securing Emderce,d3aringwitnesses; lorosautirgordeferdrgtheact ion orproceed ng, or effect irgsett ierel, end (i)inaryother lanful act that in the opirimdtheOmpaynuyteenecessary crdsiratletoestabishtheTitle,theliendthebaredMortgag,aarydhermatterasirsretIftheCbnpanyis prejuioacdbythe failure ofthe Iraredtofurishtherecoredcooperatim,theOxrpar?/sobligatiorstothe Insured uclrthe policy shall terrir-ate,Ir dnrirg a-y IiabI4 or obliget ion to dafenct prosecute, or cont inue ary litigation vOt h regard to the matter or matters P�.jdrg such atim b) The Gxrpuy nay reasorady rEgj ret he Insrei Gan art to suctnit to eie ion un is oath by any at hail represetat ive of t he Orrpary and to prodmefor emnirgioninspect ion, ardcopying at such reasonable timesadplasmasnaybeda5gatedbytheauthorizedrEpresetativeofthemn}may, all rexxcds, inwtdevs rraiurnrrneirtaned, induirgbool(A ledgers, dadc5 nurorar$ mrresporrd?rrx, rests, errails, dsics, tapes ard vidmsvMha bearing a date before or after Cite of Riicy, that reasonably pertain to the loss or darrag . Fut her, if rimed ly ay athoriasi representative of the CDnpany, the Insured mart shelf Bart its p ErTnssoR in writing for any athximi refxesatathive of the Cbnpany to emnire, inspect, and oo y all of them records inthe oustoiy or oxtrol of a turd party the reasonably paten to the lose or damage All information di�sigatecl as confident ial by the Insured Qamatprovided tothe Ompaylours-ant tothsSection shall not bedisclosed toothers ulese,intherea9 ahlejudg•ratoftheCbrrpary,itisrayin the dririsration of the dam Fail Lire of the Insured Qamat to suotrft for earrinatim under oath produce ay reasonably requested irfornnatim, or Bart psrnisemtosecure reasonably necessaryirfanation fronthrdpertiEsEsreclhiedinthis stnrec#iortutess prohibited bylavagoverment aregiatior tali terrinate ay l iability of t he QxTpany uder t his policy as to that dam 7. CPTICNSTOPAYCROD+RNSESEM-ECLAIMS, TBW1N6MCNCFUAB(l1TY In case of a daimuda this policy, the Cbmpxany sail h imthe fdlan ing aditioral options (a) To Pay or Tarder Payrne t of the P+rout of Irsraxe or to Rrdase the lyd&ed,Es-. lijopgyortederpayrret dtheArrart of Irsuar-xuxtrthspaicytogtherwithayooats attorneys feed adacpasedircuredbythe Insred Qamart that were athxi2Ed IN the Orrpany yatothetirre of payrrat or ted-r of paynst ardthat the Ompany is otdiated to perry, or (i)ToprcmetheIrxte#edhemforttearurt dthelnJ2Ued"essonthedated prdr3se, together withayca4s,attmeys fees ade¢axses ircrredbythehared0amalthat weealhaimdbytheCbirpayLptothetirredprrd-eseadthattheO panyisoldigatedtopay. VVwtheQrn pudaeestheirdeLfed�theinueddelltna,gEr, assign, andoxr✓eytotheOxrparytheIndaUedi�ssadthabared Mortgage, together with any collateral security. l¢m the ecerds? by the (brrh>3ry of athr of the optias provided for in simcticru- (a)(i) or (ii), all iiablay adobliglias d the Onp>ary to the lrared udx this polio/, of her than to rralq--the paynert re}jred in thosesbectio ns, shall terrrir> ten ircluirg any liabifdy or aldioonto deters( promote, a oxtimeary litigation (b) To Pay or Qherwiae Settle Wth Paties Qh>•r Than the Insured or Wh the Inured Barra t. ()to pay or dFr7wisesettlewithother partiesforor in the rgrea d an insured Qamart any daminsredagainst uxler thspclicy. In adition, the Orrpay will pay any costs, attonEys fees, ad eprees inc rred by the Irsred Clarrart that were arthcri2aci ty the Cbrrpary upto thetirred peynat ar-dth3tttneOx pxy isodigEtedto panr, or (i)to fan' or otherwisesettle with the Insured OamBt the loss or de rage provided for under this policy, together with ay psi attorneys fees, ad eperEssIraxred by the Insured Oarna t the were athximd by the Oirpary cptot hetirre of payrrat and that the (Dupery is obligated to pay. l�pcn the e(erdseof the Oxrpe y of ether of the optics praridad for ins icrr.(bx) a (i), the OxrpaV soldicg3tiarstothe lrsred uxi3r the policy for the darred Ices or dame, other than the paynets recoredto be macle, Ball temnate, irduirgany liability or chigationto dated, prcc s?ote or cartirueary litigation 8. DEiB:UIM11CNAND ©(TENTCFUABIUTY Thispuiicyisacortnedofirderrrityagainstactual mxtYarykmorderrxes aired orincurred bythe bareddarrartvfttassfferEdlosordamg?by reasxndrrattersirsrergagaird bjthspdioy. (a) "the adet of liability of the Oxrpary for loss or damage into this policy shall rut e<ceed the least of ()theArrcut of Ine rarce, (i) the Incebtedess, (ii)the ciffererce between thevaue of the Title as insured adthe value of theTI:lea4ed: tothe risk ins re lagainet by this policy, or (v)ifagvemutaga yorirdrurutalityisthelrredOairrart,theamoutitpadinthe-ax}jstionoftheTitleortheInsredMortgageinsatisfadimof its ins rarecortract or gcaraty. (b) if the Gxrpary pususs its rifts uxki Sedim 5 oft hsaa Conditions and is usmessFul in estatlishirg the Title or the Iien oft he Insured MortgaT, as hared, () t he Prrout of iraranoe stall be increased by 10% ad (i) the Insured Oamat stall haveth a nigh to hate the losses damage detemned ether as of the datethe damwas made by the Insured Clanmt a as of the date it is settled and pad (c) Intheevert the Insred has ax}jred the Tit le in the nuns described in Section 2 of these Qrdtiors; or has corwyed the Tit le; there the edam of liatiIAy of the Ompay stall ocrtime asset forth in Sidon B(a) of thse O citiors (41naditimtotheadatdliabilityunder (a),(b),aid (c),t heOmpanyWIfals>pay those cost s,attaraysfees, and e inciffedinaccard3mewit h Sections, 5 and 7 of these Oxdtions 9. UMITAIICN CFUABIUTY (a) If the Oxrp e y establishes the Title; or ramves the alleged detect, lien, or erurrtbrwxe, or cures t he lack of a right of access. to or fro mthe band or cures t he daim of llurarket atje TtIE; or estatiishes the lira d the irsred Mortgage, ail as irsrer( in a reasoratiy cilige t manner by any rrd h A including lit igation acift con'plet ion day appeals it shall have fully perfcrred its otiigdionswith re{ect tot hat rrgta and stall rot be liable for any loss or damage card tot he I rsred (b) inthe Suet of any Ifligatiorn, including litigation by the (Dupery or with the Qxrparysco se t, the Cbrrpary stall have rc Iiabirly for losses damage util there has teen a find deterrrinatim bl a tout d oxpetert juisddicn, and deposit ion of al ap>paais; aleseto the Title or tot he lien d the Ina red Mortgage, as ireued (c) The Cbrrpary shall not be liable for loss or dar age to the Irsret for liability vdutarily asarned by the Irsrsi in settling any dam or sit wit het the prior written areal of the Oxnpay. ALCRT.06.4 Obrer Pas 4 d 5 10. FEDJCiiCNCF1NSIRANCE� FE=7CNCRTEFM11\Ai1CNCFUASUTY (a)AIfsyrretsurkarthis policy, ecoeptpayi a saeriefcrcasts,attcrrey!�fees�andexparoes�shallreimthhakmAdIrararceb/theattuntdthheper. htmeAr, ay peyrrats merge prior to the axositim of Tol le as prodicl�d in Section 2 of these Ox dt iers shall not rains the Arn urt of I rwa ce affcxci d uric this policy accept tot hheedet that the paymits mirethe indd3edhass (b)Tevdutaysatisfaction arde edtheIrsradNtxtgageshallt rmnateallliabldycfthe yexceptaspwid linSalim2dtheme(brdtias 11. PAYMff4T CF LCSS Wien liablity ad the edert of Ices or drV have been dafihtely fixed inaxcrdahoewith these ODrdticm the paynat salt be nada wit hhin 30 days 12. R G-fTS CF fEDakt' LFCN PAYA/EN f CR SEn1f EN T (a) The Oxrp 3Vs Rp#t to Kowa Vle e✓a the Qxrpsry shall lave settled and paid a dam uder this policy, it seal beshcopted and at itled to the rights of the bared Claimant in the Title or Irsred Mortgage and all dha rights ard reredes in respect to the damthat the Irsred Qainwt has against ay person or property, to the adet of the an -art of any loss costs, attcrrays fees, and ecpaBs paid ty the O xgmry. If reclia4ad 4( the Obnpay, the Irared CUrrart shall eceate dxzrratsto evidencethetrader to the QxTeny of theserutsandre-redesThe irsredOamart shall pewitthe Omperytosue,ccnT rise�orsettle inthe rareofthe IraredOainwland touse the narreof the lowed Garret in any t remotion or Iitigatim im d Arg t hem rights and reredes If a parnatt on aceart of a dam does not filly cover the loss of the InsredOanat, the Oxrpery call date the e(erdseof its right to reowa util after the bared Oarrat shall lave rammed its loss (b) The In areds Rgts aYd Unitaticm ()TieoAnErdtheIrd&eJe%nWraeaseorstetdxtethep>ascdliadlitydayddfororgaaartor,ededadhawisen,odfythetarrsdpayrret, eleMea portion of the Titlefranthelien dthe batedNbrtga,gor rEl arycollateasectityfortheIrdatief-esisifitgbgrotaffadtheeforcmblityxrprioritydthe lien of t he Irsued Mxtgaga (i) If the Irsre d e(adsesa right provided in Wii), tot has KuMec4e of any damadrasetothe Title or the lien of the Insrad Ntrtgage irared against by the policy, t he Ompay call t e recored to pay aiy that part of any losses insre d against by this policy that shal l eceeed the arrant, if any, lost to the Oxrpay by remon of t he irrpeirrret b, the Inaxed Oanat of the OaTpen/s right of s trajaition (c)TteOxrparVsRghtsAgairFt NximuedOdigxs T e ompary s ho of q irogaticnin iLrbstYe lnsref s d jts aira raNrared otiigxs irdu;trgthe dg tsd the lreredto indam ties, g2raties, dha pxlidesd irarahce a torn$ notwithtadrg any tarns or mndtiers=1aired in those inst ura tsthat aiiessstrogatien rights Tre Obrrpa -V s nO of s.trog#im shall rot be amcbd b/ aoc istion d the bared Mxtgaga by m odigx (accept an d9igx dasori bad in Section 1(eXiXF) of the Cbrdtiahs) whoacliresthebaredNortgageasaresttdanirola, ty,gaatee,oliverpolicydiraraoe,alxrc(adtheddigxwillrut beanIraraiuolerthispolicy. 13. AFBTPATiON Bthar the Obnpay a the bared na/ daTard the the damcr ccrtroers/ sdl be sbTitteito arbitration p iaert to the Title Irarwm Arbtration hatesd the AnreicanLard Title Association ('RJes').6c eptesp vidadinthePles,thereshallbenojdrTiaaocredickationwithdarrsoroortrwesesofdherpersorm Artitratde nrtters rray inr_lLrb, lot arenet Iinitedto, any mrtrwasy or dambetween the Ctxrpay and the bared arising at d a relatirgto the policy, any service in oxrtd icnMh i sissnnoe a them treadh d a polio/ poAi icri or to ay at her eortrwes/ a damaisrg cot of the-barsaiimgvirg rise to this policy. Al adtrade nhalterswthan the Arrart of Inw-ar ce is $Z000,000 cr Iesssall be atitrdedat the gotim d eithha the Oxrpay cr the Ira.rai All atitralde rrti#tas MEntheArroutdInsi amisinwoesisd$2,000,000sailbeabtraedonlywihanagreedtobyboththeOorrprryaxitheInaredArdtratimperserttothispolicyahcl uda the Rtsshall be tinning x{omthe parties ties Jud3rert cpon the re darad I>/ the NJtnaterN nay be entered in ay cart of corrpolat juisddim. 14.UASUTYUMIT®TOTHSPCLJCYPCUCYBVnFEC NTPACT (a) Tis policy together with ail axbrsarhsts, if ary, attach d to it bj the Okr Wy is the ent irepdixy aril oortrad bdween the roared ad t he O xi-partyr. In irtepetirg any povism d this policy, this policy sell to mrolnsd asa whole (b)Anydamdloss ordaneg thatarmsatdthestatcsdtheTitlecrliendthelrexedMortgaxab anyadimassaring xihdamshallIce restricted tothis policy. (c) Any aradret of or axbrsarat to this policy nut t e intuiting and adhaticatad by an ath orimd peen, or eVessly irxprprated t y °rtedje Ad this policy. (d) Each e clorsarert to this policy isaielat any tineisrradeapart dthspdigyand iss.4ed to all of Rstwmand povisors Except astheaxbrs rret egressy sates, if does not () nodfy ary of thete-nsad promisors of the policy, (i) nvify any prior adxsarert, (ii) extend the Dated Policy, or (iv) increase the AnuA of Itasca. 15. SBAPABUTY In the wert any provision of this policy, inwhnheor in pat, is had invalid or u afaceetie urfx a plicatle la N, the policy sell be clearnot to irnolxceth at potsmcrschpart heldtobeimdilicd tit all dharpaisassall raraininfdl face ad effect. 16. CH3 CE CF LAW FCRJM (a) Chice of taw The bared aJgxWe-ijas the Gxrpay has udawritten t he ride covered by this policy and dtarrired t he pemm dharged therefor in reliaoe yoonthe lat+affecting intereAsin real property ad applicabletothe interpretation. rights, rerredes, or eface natsd pxdidesd titleirexarrxd the jLrWdim where the Lad is lasted Tore, thhe court or an arbitrator sell aap ply the laN of thejuis3dionwh rethe Lard is lasted to dserrinethe vdidty of darrs agirst the Tolle or the lien of the bared Mxtgagetho-t are adAmto the bared art to irtapd ad eforcethetansd thispdicy. In neither case stall thecnut or atitratcr apply its arflidsd par✓ pimpalsto detettrinethe apdicade law. (b) Orciced Rom Any litigation or other pooee erg broujt by the Insned against the Oxrp arry nist befiled ally in a state or Waal cart withinthe ltited 3atesd Aaff titan or itste itcries haArg ap{ropiatejuistdim 17. NCM CES, W-EF;E SENT Any notice of dama d any other ratioe or sateret inwritirg ra}iredto be given tothe Cmpsry uder this policy mat be gvento the Clon-ary at: 4ObSecordAwxeSxM Mrnaapdis, Mrre a55401, (612)371-1111. ALRf.06.5 O Nee Page5 d 5 Attachment 8 Land Title Guarantee Company CUSTOMER DISTRIBUTION id Title WEE COMPANY i. IT G C. CON !ate: 12-10-2012 Our Order Number: Q62004962 'roperty Address: 223 E HALLAM ST ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: STAN CLAUSON ASSOCIATES, INC 412 NORTH MILL ST ASPEN, CO 81611 Attn: PATRICK RAWLEY Phone: 970-925-2323 Fax: 970-920-1628 Copies: I EMail: patrick@scaplanning.com Sent Via EMail For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone:970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com HOWIE MALLORY 1230 SNOWBUNNY LN ASPEN, CO 81611 Attn: HOWIE MALLORY Phone: 970-925-3850 Copies: 1 Entail: ihmallory@gmail.com Sent Via EMail LAND TITLE GUARANTEE COMPANY INVOICE NO. ASP-3565 "dT'18e GUARANTEE COMPANY STAN CLAUSON ASSOCIATES, INC 412 NORTH MILL ST ASPEN, CO 81611 Owner: GINA BERKO AS TO AN UNDIVIDED 25% INTEREST AND DAVID M. FLEISHER AS TO AN UNDIVIDED 25% INTEREST AND ELM 223, LLC AS TO AN UNDIVIDED 50% INTEREST Address: 223 E HALLAM ST ASPEN, CO 81611 Invoice Date: December 10, 2012 Order No. Q62004962 Invoice Charges TBD Report $100. 00 - Amount Due - $100. 00 Due and payable upon receipt. For Remittance please refer to Invoice No. ASP-3565 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Attachment 9 Ms. Nora Berko 130 Snowbunny Lane Aspen, CO 81611 Tel: 970-925-3850 5 December 2012 Ms. Sara Adams, AICP Senior Planner City of Aspen Community Development Department 130 S. Galena St., 3rd Floor Aspen, CO 81611 Dear Ms. Adams: This letter is to certify that I, Nora Berko, authorized representative of the Berko family, owner of the property located at 223 E. Hallam Street, Aspen, Colorado, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding applications for the this property. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, Nora Berko Authorized Representative Parcel Detail Attachment 10 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Quu I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS May I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2011 Mill Area Number Number Property Type Levy 001 R000127 1 273707316003 IIRESIDENTIALJ31.653 Primary Owner Name and Address BERKO GINA 292 GLEN EAGLES DR ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 72 Lot: C AND:- Lot: Thru F Location Physical Address: 223 E HALLAM ST ASPEN Subdivision: ' CITY AND TOWNSITE OF ASPEN Land Acres: 110.000 Land Sq Ft: 12,000 2012 Property Value Summary II II Actual Value II Assessed Value II http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 Parcel Detail Page 2 of 3 Land: IL 4,950,000II 394,0201 Im rovements:F1 3,290 Total:F 4,991,300F 397,310 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 2 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 1,726 2ND FLOOR: 830 OPEN PORCH: 44 1/2 STORY: 204 UNFINISHED GARAGE: 300 Total Heated Area: 2,760 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1888 Effective Year Built: 1970 Bedrooms• 4 Baths: 2 Quality of Construction: AVER T 11 Exterior Wall: WOOD SD GO Interior Wall: 11PLASTER Floor: CARPET Floor: WOOD He Type: HT WTR B/B Heating Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Nei hborhood: NORTH "WEST END" ASPEN http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 RECEPTION#: 594286,11/29/2012 at 09:55:20 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING MINOR DEVELOPMENT AND PARTIAL DEMOLITION OF THE PROPERTY LOCATED AT 223 EAST HALLAM AVENUE, LEGALLY DESCRIBED AS LOTS C, D, E AND F, BLOCK 72, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # 29, SERIES OF 2012 Attachment 11 PARCEL ID: 2737-073-16-003 WHEREAS, the applicant, Gina Berko 25%, David Fleisher 25%, and 223 ELM LLC 50%, represented by Derek Skalko of 1 Friday Design Collaborative, submitted an application requesting Minor Development review and Partial Demolition of the property located at 223 East Hallam Avenue, legally described as Lots C, D, E and F, Block 72, City and Townsite of Aspen, Colorado; and WHEREAS, 223 East Hallam Avenue is included in AspenVictorian and listed on the Aspen Inventory of Historic Landmark Sites and Structures; and WHEREAS, 223 East Hallam Avenue is located in the R-6 zone district; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, at their regular meeting on November 14, 2012 the Historic Preservation Commission opened a duly noticed public hearing, took public comment, considered the application, the staff memo, staff recommendation, and public comments, and found that the application for Minor Development and Demolition met the review standards with conditions and the "City of Aspen Historic Preservation Design Guidelines," by a vote of five to zero (5-0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Minor Development and Demolition approvals with conditions for the property located at 223 East Hallam Avenue, Lots C, D, E and F Block 72, City and Townsite of Aspen, Colorado with the following conditions: 1. Partial demolition of the west elevation of the Victorian residence as represented in the application is approved. 2. The west elevation shall be restored using the 1967 plans included in the application. 3. The horizontal wood siding shall match the existing profile. 4. The existing wood windows shall be reused in the restoration of the west elevation as presented in the application. 223 E. Hallam Avenue — Minor Development and Demolition HPC Resolution # 29, Series of 2012 Page 1 of 3 7 8. Asphalt shingles are approved for the roof of the west elevation. The shingles shall match the existing roof on the Victorian. A material sample shall be reviewed and approved by Staff and Monitor. The foundation shall be sandstone to match existing condition. A material sample shall be reviewed and approved by Staff and Monitor. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 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, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 223 East Hallam Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen, County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [see following page for signatures] 223 E. Hallam Avenue — Minor Development and Demolition HPC Resolution # 29, Series of 2012 Page 2 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 141h day of November, 2012. Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTW: ."'Kathy St ickland, Chief Deputy Clerk 223 E. Hallam Avenue — Minor Development and Demolition HPC Resolution # 29, Series of 2012 Page 3 of 3 tasy PeelO Labels se Avery® Template 51600 02 ASPEN LLC 950 E BROAD ST 2ND FL IWOLUMBUS, OH 43209 ;PEN COMMUNITY UNITED THODIST CHURCH 0 E BLEEKER ST ;PEN, CO 81611 B REALTY INVESTORS LLC 44 WENONGA CIR SSION HILLS, KS 66208 ETTMAN ROSA H TRUST 25 S FOREST ENVER, CO 80246 IODES ALAN & DEBORAH 14 N ASPEN ST. ,SPEN, CO 81611 ROME PROPERTY LLC 0 W MADISON ST iICAGO, IL 60661 IGHT HOLDINGS LLLP 01 BASELINE RD OULDER, CO 80302 RIN CUTHBERT L JR 57.5% BOX 12365 'EN, CO 81612 �UPPY SMITH LLC 05 S MILL ST SUITE 301A �SPEN, CO 81611 EGUIN WILLIAM L & MARILYN O BOX 4274 SPEN, CO 81612 ' Feed Paper �® A����� 516d� I J Attachment 12 r 0-6 /.1 o<�' 225 NORTH MILL ST LLC AMATO JOSEPH A ` 225 N MILL ST PO BOX 503 ASPEN, CO 81611 HIGHLAND MILLS, NY 10930 CHALAL JOSEPH B CITY OF ASPEN 1005 BROOKS LN ATTN FINANCE DEPT DELRAY BEACH, FL 334836507 130 S GALENA ST ASPEN, CO 81611 DOMINGUE FAMILY TRUST GARRETT GULCH EQUITY VENTURE LLC PO BOX 2293 2950 E BROAD ST WINTER PARK, FL 32790 COLUMBUS, OH 43209 GSW FAMILY INV LP HAYES MARY E & JAMES L FAM LP LLLP PO BOX 2038 209 E BLEEKER ST WHEELING, WV 26003 ASPEN, CO 81611 HODGSON PHILIP R 50% HOGUET CONSTANCE M HODGSON PATRICIA H TRUST 50% 333 E 68TH ST 212 N MONARCH ST NEW YORK, NY 10065 ASPEN, CO 81611 JOHNSON RICHARD & MONTAE IMBT KRIBS KAREN REV LIV TRUST 6820 BRADBURY PO BOX 9994 DALLAS, TX 75230 ASPEN, CO 81612 MADDEN WALTER ROSS 42.5% MONARCH HOLDINGS LLC 218 N MONARCH ST 458 WALLS WY ASPEN, CO 81611 OSPREY, FL 34229 PARZYBOK WILLIAM G JR TRUSTEE PENN PAUL E & SUSAN W 3860 FOXCHASE WAY 3830 E 79TH ST COLORADO SPRINGS, CO 809086901 INDIANAPOLIS, IN 46260-3457 RANDALL MIDDLETON/HALLAM LP SADLER QUAL PERS RES TRUST #5 50% FIVE POST OAK PARK #2580 8536 N GOLF DR 4400 POST OAK PKWY PARADISE VALLEY, AZ 85253 HOUSTON, TX 77027 SEMRAU FAMILY LLC SUTTON KERMIT S & JENNY W 300 S SPRING ST #203 715 TENTH ST SOUTH ASPEN, CO 816112806 NAPLES, FL 34102 iquettes faciles a peler Hlic— 1n —k—;+ A111:0VO C1GAO Se de Repliez a la hachure afin de www.avery.com .....:.1... In ....L.—A D.... —MC I I QAA !:/1_A%ICDV kasy Peep Labels se AveryO Template 51600 US POSTAL SERVICE WESTERN REGION AN BRUNO, CA 94099 A Bend along line to I Feed Paper expose Pop-up EdgeTM J WATERS DANIEL E C/O BOSTOCK VICTORIA C 8 COPPER BEECH RD GREENWICH, CT 068304034 AVERYO 51600 (( /?a/20/z� WHITMAN RANDALL A 4845 HAMMOCK LAKE DR CORAL GABLES, FL 33156 :iquettes faciles a peter ARepliez a la hachure afin de www.avery.com Mica, to —k—;a AvcDVO c-19n0 Sens de i . �� . u .a o Mf i i onn cn A%icnv IJ I T (n m 1 'co—---�► I 1S HOS\W- T I Z 1 — — — — — m oo 1 i I 00.zn c� pm _' I �D>Z t — — — fmTl vii 1mm 3mz 1 I E', �N x 1 O :Um 0 _' IZC� m (n° 1 z� 1 , °p —m N0C �z 1 0 m o-O z�a.fli DO IzyD < z m I� zC E = I 1 Q N ASPEN ST CD CD 0, m 05,o �o-m Nm0 p3c D° - -{ z mm= C Z m �`nm o v off, 1 /� 1 rmy �3 r N-� z ZL 1 / Z' r N IT p m mN mN np°M� n rNi o O:Z N i Nx �c y-m (� czi i �� C - - <nx m m / Zo Q \ \ �O DrD- Dn \ \ m� N MONARCH ST r M < Q \ \f \ >r Z° \ hmN �,T �x-1 �mp� L�vzf �pJ / i <N -11 z, 1.01E p`m m�pm f _ _�N_ r) M �o I Go --I N MILL ST N --- - ---- / _. o - - m o O a� N n C CD N a m 1 IUD po co CD CD C m 2 C. • - - m m rt (� n �. 61 0 / o � (D C N � � Sm�m 7 C, a_ J 03NCi G 7 3 0 G o ?� ao F 3mmmm CP o CD m N C;AI FNn � n N I n o Attachment 13 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 3/9/2012 (revised 11/5/2012) PROJECT: 223 E, Hallam Street, Subdivision REPRESENTATIVE: Stan Clauson, 970-925-2323 DESCRIPTION: The potential applicant would like to subdivide 223 E. Hallam into two fee simple lots of equal size. The property is located within the R-6 zone district and is a 12,000 square foot lot that was designated a historic landmark through Ordinance #4, Series of 1982. The new property line may cut through the existing location of the Victorian house. The applicant currently has a pending HPC application for removal of a non -historic addition to the Victorian and restoration of the west wall that is scheduled for a public hearing on November 14, 2012, The non -historic addition does not have to be removed until the time of any proposed major development of either property. If it is not removed before the plat is recorded, the subdivision plat shall include an easement allowing for the continued maintenance of the Victorian so long as it encroaches onto the west parcel. Each of the new lots will be required to comply with the R-6 zone district, or receive variances from the Historic Preservation Commission. Only one FAR bonus is available for the two lots, the distribution of which could be addressed through the Subdivision review, although HPC must determine if the bonus criteria are met. If the structure on the west lot were to be voluntarily identified as a historic resource through AspenModern, a 500 square foot FAR bonus could become available for each parcel. The west lot must be designated through AspenModern to be eligible for the density bonus available to historic parcels in the R-6 zone district. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.415.025.0 Historic Preservation: AspenModern Properties 26.480.040.0 Subdivision: Procedures for Review 26.480.050 Review Standards 26.480.060 Application 26.575 Miscellaneous Supplemental Regulations 26.580 Engineering Department Regulations 26.710.1 Medium Density Residential (R-6) Zone District Review by: Staff for complete application HPC only if AspenModern designation is applicable Planning and Zoning Commission for recommendation to Council Council for Subdivision review and AspenModern designation if applicable Public Hearing: At HPC, P&Z and at City Council Second Reading Planning Fees: $3150 deposit for 10 hours of staff time (additional staff time required is billed at $315 per hour) Referral Fees: Engineering $265/hour (billed hourly), Parks $1260 flat fee. Total Deposit: $4675 *an existing deposit for the HPC application has been received. Check with Johannah Richards to confirm if the unused balance from the HPC review (if applicable) can be applied to the subdivision review. Total Number of Application Copies: 22 total. 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 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Draft subdivision plat (and a digital PDF if available). 10. All other materials required pursuant to the specific submittal requirements. 11. Applications shall be provided in paper format (number of copies noted above). 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.