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HomeMy WebLinkAboutcoa.lu.ec.223 E Hallam St. Lot Split 0083.012 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0083.012.ASLU PARCEL ID NUMBERS 2737.182.12.003 PROJECTS ADDRESS 233 E 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 caps 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 City of Aspen Community Development Director. Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ZZ_ E) E , 1A i_.(_b 0, , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, \J-AL6WC1 yk KA_'SA B k—ce—H (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/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. Oat Si The foregoing "Affidavit of Notice"was acknowledged before me this ? day of M>—Cb _520_I�, by - M�U Ea`x 0, A . PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the '1 A' approval of a site specific development plan,and My commission expires: b O`'"' 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:Rlock 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 tary Public lQ,• •.'C v 11,2012. The Applicant received approval for a lot split,a form of subdivision exemption,that will di- vide the existing 12,000 sf lot into two 6,000 sf lots. L`. For further information contact Sara Nadolny,at the f.: `� O City of Aspen Community Development Dept.130 S.Galena St,Aspen,Colorado(970)429-2739. t d sr City of Aspen ATTACHMENTS: [9°009685;The Aspen Times on March 21,2013. COPY OF THE PUBLICATION STATE OF 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: SUMMARY: Stan Clauson Associates, Inc. The Applicant requests of the City Council approval for a 412 N. Mill Street, Aspen, CO lot split that will divide the current 12,000 sq. ft. parcel 81611 into two 6,000 sq. ft. parcels. The lot split process will cap the total units allowed between the two parcels at three (3) LOCATION: units. Currently the parcel contains three units. Should the Block 7, Lots C — F, City and lot split be granted, Lot 1 will contain one unit, and Lot 2 Townsite of Aspen, CO, will contain two units, thereby representing the maximum commonly known as 223 E. allowable density between the two parcels. No new Hallam Street development is proposed with this application, and no new utilities are required as a result of the lot split. 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. Figure A: Subject property a- 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 ('��Ckic'A re— 4 ORDINANCE N0. (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. 1 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 11th 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 25�h day of February, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor 3 FINALLY,adopted,passed and approved this 11th 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 E. Nqt tgM Sr. 84C, ,8 16'0 �8 6bL 7889 ,L 901 EL)889.1 160 W_�0 1b OL WD WDL ,7�4 t« ? p 9 g ]890.0 tavL ]e9o.5 ae$ I1.6 ]'Z � O g I ,21 6,00p sq. ft. Lot // �U,WCj YObt ,8.6 6,000 ft. p HOUSE 16.8 I E 892-7 HOUS ' F s uL 55�E 15'F �1 ]e96.6 n y,, IB'DL OECB SILL 130L _ G 802.8 Z 5., n 10. pW41{L MhtYO ]890.5 7 g` GARhG-F. toy O P�xwc °BLpC K 72 ]891.] 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. Staff finds 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 fats 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. 3 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. 5 Exhibit C Department Referrals • Parks—Brian Flynn, Open Space and Special Projects Manager • Water/Utilities—Andy Rossello, Utilities Engineer Memorandum Date: January 28, 2013 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. R 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). AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PR PER Y: �z2 3 E e7� ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: tWe l! P 5:aDT,o , 20/3 STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 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 26304.060(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 f!iey appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-",ners 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 l day of 21a, by TC YY/1 O( t2_ O`s WITNESS MY HAND AND OFFICIAL SEAL ai ictl Ic NOTICE ((�� RE:223 E.Nalfam Slraat S--2 SUBOIVISIONEXEMMON-LOT SPLIT My commission expires: REVIEW t NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,March 11,2013,at a ,t meeting to begin at 5:00 P.M.before the Aspen City Council,Council Chambers,City Hall,130 S. Otary Public Galena Street,Aspen,CO,to review the proposal submitted by Nora Berko,as representative of the Y pUn� Berko Family,of 130 Snowbunny Lane,Aspen,CO v 81611,for the property commonly known as 223 E. e'"� •��� Hallam Street,and legally described as Block 72, Lots C,D,E and F of the City and Townsite of As- ,h; a M. pen.Applicant seeks a subdivision exemption re- view for a lot split that will divide the current 12,000, sq.ft.lot into two 6,000 sq.ft.lots. v For further information,contact Sara Nado%at the city of Aspen Communit Development Depart- '' ment 19,Sar. a leny�tityofaspen,CO,(970)�1 ATTACHMENTS AS APPLICABLE• ocha.l wr iaad Manor JE PUBLICATION AaPar,CRY council PH OF THE POSTED NOTICE (SIGN) My Commission Expires 0312912014 I'I Published in the Aspen Times Weekly on February E OWNERS AND GOVERNMENT AGENGIES NOTIED AFFUL ANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 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: • 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 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. • 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. • 4. 4 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. Si atu`e The foregoing"Affidavit of Notice"was acknowledged before me this 22nd day of February, 2013, by Stan Clauson. WITNESS MY HAND AND OFFICIAL SEAL PATRICK S. RAWLEY My commission expires: NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19994012259 My Commission expires July 26,2016 Notary Public ATTACHMENTS AS APPLICABLE: • COPYOF THE PUBLICATION • 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 e 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 ICA I"Nt.nR•,�(jwA; (wt AR i11Eti7 AT/!9 y.5 41T3 I `V I= ti ` r i 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 f 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.970/92o-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 Re: 223 E. Hallam Street / Research of Mineral Estate Owners Dear Sara: On behalf of our clients and in connection with the Subdivision application e 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 19th 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. Ve truly y Signed before me this 22nd day of February, 2013 by Stan Clauson. i WITNESS MY HAND AND OFFICI L SEAL a ; AICP, ASLA MY COMMISSION EXPIRES: `7 L(Z _�,o 6,6- STAN CLAUSON ASSOCIATES, INC. Notary Public PATRICK S.RAWLEY Notary Public's Signature NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19994012259 My Commission Expires July 26,2016 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 CHALAL JOSEPH B CITY OF ASPEN METHODIST CHURCH 1005 BROOKS LN ATTN FINANCE DEPT 200 E BLEEKER ST 130 S GALENA ST ASPEN,CO 81611 DELRAY BEACH, FL 334836507 ASPEN,CO 81611 CJB REALTY INVESTORS LLC DOMINGUE FAMILY TRUST GARRETT GULCH EQUITY VENTURE LLC 6544 WENONGA CIR PO BOX 2293 2950 E BROAD ST MISSION HILLS, KS 66208 WINTER PARK, FL 32790 COLUMBUS, OH 43209 GETTMAN ROSA H TRUST GSW FAMILY INV LP HAYES MARY E&JAMES L FAM LP LLLP 325 S FOREST PO BOX 2038 209 E BLEEKER ST DENVER, CO 80246 WHEELING,WV 26003 ASPEN, CO 81611 HODES ALAN&DEBORAH HODGSON PHILIP R 50% HOGUET CONSTANCE M 114 N ASPEN ST. HODGSON PATRICIA H TRUST 50% 333 E 68TH ST ASPEN,CO 81611 212 N MONARCH ST NEW YORK, NY 10065 ASPEN, CO 81611 JEROME PROPERTY LLC JOHNSON RICHARD& MONTAE IMBT KRIBS KAREN REV LIV TRUST 540 W MADISON ST 6820 BRADBURY PO BOX 9994 CHICAGO, IL 60661 DALLAS,TX 75230 ASPEN, CO 81612 LIGHT HOLDINGS LLLP MADDEN WALTER ROSS 42.5% MONARCH HOLDINGS LLC 801 BASELINE RD 218 N MONARCH ST 458 WALLS WY BOULDER, CO 80302 ASPEN, CO 81611 OSPREY, FL 34229 MOUNTAIN STATE PROPERTIES LLC MYRIN CUTHBERT L JR 57.5% PARZYBOK W11 -LIAM G JR TR E/E 715 10TH ST SOUTH PO BOX 12365 3860 FOXCHASE WA NAPLES, FL 34102 ASPEN, CO 81612 COLORADO SPRINGS, CO 809086901 PENN PAUL E&SUSAN W PUPPY SMITH LLC RANDALL MIDDLETON/HALLAM LP 3830 E 79TH ST 205 S MILL ST SUITE 301A FIVE POST OAK PARK#2580 INDIANAPOLIS, IN 46260-3457 ASPEN,CO 81611 4400 POST OAK PKWY HOUSTON, TX 77027 SADLER QUAL PERS RES TRUST#5 50% SEGUIN WILLIAM L&MARILYN SEMRAU FAMILY LLC 8536 N GOLF DR PO BOX 4274 300 S SPRING ST#203 PARADISE VALLEY,AZ 85253 ASPEN,CO 81612 ASPEN,CO 816112806 WATERS DANIEL E US POSTAL SERVICE C/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 — 0 70 140 �E Feet w S �``-- This map/drawingAmage is a graphical representation of the features depicted and is not a legal puppy representation. The accuracy may change depending on the enlargement or reduction. US POSTAL SERVICE Copyright 2013 Aspen/Pitkin GIS 222/2013 3:05:34 PM C:\GIS\temp\Feb131223EH,1IamSLmxd r. III W FRANCIS ST E FRANCIS ST -- 2 G) y Y CITY OF ASPEN CRY U) JOSEPH SEPHA IT N N IP C7 _ WATERS i rn bANIELE SMITH CITY OF LLC ASPEN RANDALL WATERS MIDOLETONIHALLAM LP DANIEL E W HALLAM ST E HALLAM ST j F- MYRIN -"'---. CUTHBERT L --I MOUNTAIN STATE PROPERTIES JP.57.5% (RIO.G�p C E LLC �j . F OHNSON I SEGUM LIGHT Z j MOUNTAIN STATE BERKO GINA HOLDINGS ICHARD 8 PROPERTIES LLC WE L LLLP ( 225 NORTH ti�ON TAE IMBT d MARILYN HODGSON MILL ST LLC PHILIP R 50% =114•EAS HOGUET T------ SLEEKER CJB REALTY CONDO PENN PAU E STREET ASSOC T ASPEN COMMUNITY INVESTORS ASSOC S SUSAN W LINKED METHODIST LLC SEMRAU D FAMILY E HOG_ET CHURCH WHITMAN WHITMAN SEM R,4UY I' SADLERIQUAL PARZVBOK FAMILY CONSTANCEI,M:PERSrRES WILLIAM Ca - TRUST rRUST#550% RANDALLA RANDALLA JR TRUSTEE FAMILV•L=C GARRETIT GSW FAMILY HOGUET 202A8PEN ,•GULCH EQUITY, I' INV LP_CONSTANCE M LLC VENTURE ILC' W BLEEKER ST E BLEEKER ST HODES - JOSE((H P B pJ COTAUX i! 1 - �ALANY HAYES MARY OETTMAN pASSOC US WEST `BJAMES 1 DEBORAH` A`JAMES I ROSAH g TRUST ONARCH F HOLDINGS NRIBS LLrC'' JEROME ZKAr RENtREV PROPERTY _... r d LIV.TRUST LLC Z F- U O ' r—w MAIN ST E MAIN ST Z MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Nadolny, Planner Technician RE: 223 E. Ha11am 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: SUMMARY: Stan Clauson Associates, Inc. The Applicant requests of the City Council approval for a 412 N. Mill Street, Aspen, CO lot split that will divide the current 12,000 sq. ft. parcel 81611 into two 6,000 sq. ft. parcels. The lot split process will cap the total units allowed between the two parcels at three (3) LOCATION: units. Currently the parcel contains three units. Should the Block 7, Lots C — F, City and lot split be granted, Lot 1 will contain one unit, and Lot 2 Townsite of Aspen, CO, will contain two units, thereby representing the maximum commonly known as 223 E. allowable density between the two parcels. No new Hallam Street development is proposed with this application, and no new utilities are required as a result of the lot split. 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 1 is the minimum lot size permitted in the R-6 zone district. Figure A:Image of subject property. J� 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 N0. 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. 1 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 11th 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 25"'day of February, 2013. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor 3 Exhibit A Site Plan -Wf E. HALLAM ST. a'a 7889 - El nw,l yp !" WDL 12, .21-F 14 L 2 ��9 14YK pfi• a I S el��>fl be r6novad I> B L t1 I ea 48 6,00 } sq. ft. loYxC / �a Lot 6,000 . ft.66 $ s / 7-'yo p HOUSE 2g0 / E >B 111 HOUS -Mgt / F SLL P &1 ]690.018VL 15F R G �� 8G2,B 13b1 Sp 2 J 'E4C qy R5, UP I690b h GARAGE �3 {1Ll pYBT q �" *1 4 891.] 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 i 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. 3 i 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. Stafffinds 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. 5 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). RECEIVED NOV 3 0 1012 Po BOX 7928 CITY OF ASPEN Aspen,CO 81612-7928 COMMUNITY DEVELOPMENT ' Phone:970.309.0695 E-mail/Web:derek(&lfriday.com/www.lfdday.com • - . • To: Ms.Amy Guthrie; Director From: Derek Skalko,Principal The Aspen Historic Preservation Commission 1 Friday Design Collaborative E-mail: Amy.Guthrie @ci.aspen.co.us Date: June 28th,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 Victorian 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: a. 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, b. 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, Derek Skalko Principal, 1 Friday Design Collaborative 23 East Hallam ycol ria� nshowing post 197 dining room addition proposed for removal. May 212 Image y23 East Hallam showing house pre 197dKn, g room addition. ° a" 2 22S 227219 a Ch A 72 13 M-1 R� R a c.a � il__ ca a•aM a 213 ars .133 23S - r A z � a r 73 z Sanborn Information for 223 East Hallam Residence—1898 223 E. Hallam Street Lot Split RECEIVED A lot split of the 12,000 sq. ft. lot into two fee simple 6,000 sq. ft. lots. JAN 2 5 2013 CITY OF ASPEN GPS MONUMENT NO 8 CITY OF ASPEN COMMUNITY DEVELOPMENT EASTOwner Representative: S .J6'RO 1Y1 Bel Ms.Nora ko a' 130 bunny Lane S�'�ii Jy .W �� VICINITY NIAP s9 nowb 2 Aspen,CO 81611 1"=400' J F Aspen City Council Approval split This lot split plat of 223 E.Hallam was approved by the City of Aspen City Council on the_ih day of 201_by Ordinance No._,Series of 201_,recorded in the office of the Clerk& Recorder of Pitkin County In Book_____and Page_as Reception No. Mayor,City of Aspen BACK OF Dale CURB A est. 8 18"D RED.901 18 DL 7889 City Clerk EL]889.1 Community Development Director Approval This lot split plat for 223 E.Hallam Street was approved by the City of Aspen Community Development Director this_day of ,201_pursuant to the Municipal Code of the City of Aspen. "750911"W 16 DL 11"D r2000" P 18'DL Community Development Director J' Clerk&Recorder Certificate: go 122". .24"F o J NB SS 1j W This to split of Was 011ed for and Isorecordled the n Book_�OnlPage Recorder ReceptlionCNo. on the 9'10 v3 OF BEARING$ n 9q°d 13"F Clerk&Recorder Ir,4 78900 City Engineer Approval / sL This lot split plat was approved by the City Engineer of the City of Aspen,Colorado this_day of_ 7890.5 201 140L C an MONUMENT NE. City Engineer ,ryy,� �+ CORNER BLOCK 72 CITY OF ASPEN J*14'DL area removed 26 ry9 22 J o HORIZONTAL CONTROL GPS MONUMENT N0.6W.tl=,2 03 Lt 1 ea to be r ved Noes: / 12 1.No further subdivision maybe grouted for the newly created lots and no additional units w11 be constructed without required land use approvals and growth management allocations. B 3 6,00 sq. ft. HOUSE Lot 12'f 32"F 15fi 1o'DLC J#21 OIL 6,000 ft. " HOUSE STEPS / D a.S CERTIFICATION THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING _ 2011 AN'IS ACCURATE BASED ON THE FIELD EVDENCE AS 280 SHOWN,AND THAT THERE PRE NO DISCREPANCIES OF RECORD,BOUrvDARY LINE CONFLICTS. ENCROACHMENTS,EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOwry TO ME SILL EXCEPT AS HEREON SHOWN UNDERGROUND UTILITIES WITH NO ABOVEGROUND APPURTENANCES, ]8921 AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE BURVEYOR ARE EXCEPTED.THIS SURVEY IS VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. ERROR _ OF CLOSURE IS LESS THAN 1/I5,000. '0 61 F ° DATED: --------' HOUSF� / . o 62 A LEGEND AND NOTES SILL i SIT 15F P G 7890.0 �18'DL SLL 13b1 9.1 DECK (D FOUND SURVEY MONUMENT AS DESCRIBED 5 ]1 8 ` 15.2 SURVEY CONTROL 204 ❑ UTILITY BOX BRICK DECK PA KRS 20.2 TITLE INFORMATION FURNISHED BY'. 2a PITKIN COUNTY TITLE,INC. PARk NC N0. DATED' ALL EASEMENTS NOTED IN TITLE COMMITMENT ARE SHOWN 7890.5 ■ DRAIN GRATE GARAGE FENCE / J 3 CUT UTILITY POLE 3 POSTED ADDRESS 214" S 75 p911'F CALLS IN()RECORD AS PER 1959 OFFICIAL PLAT OF THE CITY OF ASPEN 12000' 10.3 WATER VALVE 1401Se TREE WITH CALIPER(CONIFER=F,pEC1000US=D) A SAPS pq AVEL o TOPOGRAPHIC (DIAMETER IN INCHES,GRIP HE IN FEET) Ali RKIryG IMPROVEMENT TC�POGtNAPI"IIC SURVEY _ 20.69' UNO j� OF FLOOD PROPERTY AS TUATED IN ON FLOODEIrvSUR(ANRCE RTE EMAP PREPARED BY FEEMSA.1 FOR R R'O'W, �1 I 0 THIS TT 7891.) LOTS C.D.E AND F, PITKIN COON Y COLORADO,N FLOOD ITN-PANEL NUMBER OBo97CO203 C,EFFECTIVE AVEp BLOCK]2.CITY AND TOWNSITE OF ASPEN. DATE: JUNE A,1987 / THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD 0 10 20 AREA AS DEFINED BY THE CITY of ASPEN MASTER DRAINAGE PLAN,PROJECT NUMBER 1963, CITY OF OF PIT ONE FOOT CONTOURS COUNTY OF PITKIN FIGURE ES-15. STATE OF COLORADO SEWER,ELECTRIC,GAS.AND PHONE UTILITIES IN ALLEY CONTAINING 0020 AOCRES+/- WATER 15 IN HALLAM STREET ELEVATIONS SHOWN ON THIS SURVEY ARE BASED PREPARED BY ON THE CITY OF ASPEN GPS MONUMENT No 8.(NGVD 1929) ELEVAT10N=7882.758 ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN,COLORADO 81611 PHONE/FAX(970)925-3816 DATE JOB 10/11 41277 Is void r.11 x sI—o'-H m S O mE x STAN CLAUSON ASSOCIATES INC , landscape architecture. planning. resort design REcavED 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 JAN info @scaplanning.com www.scaplanning.com 4 ZQ�3 OMUY OF ASPEN 22 January 2013 NITY DE*LOP)WENT 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: On behalf of our clients and in connection with the Berko Subdivision Application, dated 11 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 I R-ircel Detail Page I of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Quei-v I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GISHelp Basic Buildinig Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial hriprovement Detail Owner Detail I Land Detail I Photograph Tax Account Parcel Property T 2012 Mill Area Number Number Levy [: 001 j R000127 ]1273707316E3 JRESIDENTIAL J[ 32.325 ........... .................. Primary Owner Name and Address IBERKO GINA 1292 GLEN EAGLES DR JASPEN, 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-Value Assessed http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber--ROOO 127 1/29/2013 Parcel Detail Page 2 of 3 Land: 4,950,00011 _ 394,020 Improvements: F 41,300 3,290 Total: 4,991,300 397,310 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics C 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: IF44 1/2 STORY: IF204 UNFINISHED GARAGE: 300 Total Heated Area: 2,760 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Y 11888 Effective Year Built: IF1970 Bedrooms: 4 Baths: 2 Quality of Construction: AVER 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 P2rcel Detail Page 3 of 3 Super Nbad: 11CITY OF ASPEN 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., 3rd 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, a/s owner Undivided 25%interest Nora Berko, as Manager ELM 223 LLC Undivided 50%interest STAN CLAUSON ASSOCIATES INC RECEIVED landscape architecture. planning. resort design ` JAN 0 4 2013 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/92o-1628 CITY OF ASPEN t info @scaplanning.com www.scaplanning.com COMMUNITY DEVELOPMENT 4 January 2013 i 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: 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. i Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. III 3 o0 3 CDCD'S 3 201 Z •�(__.(A y, ® w � FRe Edit R d Nzrvigate Fofm Res Format Tab Help -j lump t ' � . ak*ig Status Fees Fee Summary htin Actions Ritadimerds Routing History haluatim ArNEN 00m Fads ,Sub fta* Parcels a Permit type Pill Aspen Land Use Permit#0083.2012 ASLI ii V Address 223 E HA LAY ST A$JSuite a at� ASPEN State CO Zqt 81611 pennitlldormation 3 Masterpermd Routing queue'aslu0? Applied itT30%t012 c : gect Status 0 Approved' Pro pendm a ® Desiaipton APPLICATION FOR THE LAND USE PART OF THE HPC APPLICA11O11 APPLIED FOR 1s5hd ON 7.24.12-PLEASE REFERENCE 00242012 MIK FOR BILLING-,ALL FEES VERE PAID UP FRONT FORA TOTAL OF$4 360.00 REFERAL TO PARKS AND ENG.:GasndjFinal ryry Submitted DEREK SKALKO 3090695 c Running Das 19 Expires,1126 2013 Vtif er Last name BERKO First Dame FEREh1C&1dIRTE PO BOX 360 ASPEN CO 51612 Phone t, j Address Applicant Owner is Conlradorisapplicant? ' . P. Last name BERKO First name FEREhdC P,11RTE [ASPEN O BO";360 CO 51612 Hone j ast- 25 T Addra55 Lender Lag name First name Phone j 1 Address t'. I'. I ASpenGol6(server,angelas W 1 of 1 V 4:1F 33015 C�� 255 ' Recorded at 3:30PM February 18, 1482 Loretta Banner,A-4o7;de.X:' . Reception # 239305" ORDINANCE NO. (Series of 19 � r 6, BOOK 422 ?Aa 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 320 W. Hallam wo to 500 W. Francis 118 E. Cooper 101 Lake Avenue 332 W. Main Street 505 N. 8th Street 232 E. Hallam �> Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other �a provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this i ordinance are declared to be severable. Section 3 p That a public hearing be held on this ordinance on the 4 day of , 1981, 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 .4 BOOK422 mu-30I 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 f 1982. �' %. He man el, Ma � 9F 4 y£ ppATTESTt�n '�,1�}, .ry.�►�-5- h, C ty Cleo—rrkkn�C FINALLY adopted, passed and approved on the day of 1982. r Herman Edel, Mayo ATTEST.e��✓` t �� pr x i;ki► S ! ch, C ty Clerk Y QjJ{) 1 3 } ,op ,, „oE�«,.,.tr a RECORD OF PROCEEDINGS 100 Leaves S'L'ATE OP COLORADO ) CERThFTCF,Tg ) SS COUNTY OF PITKIN ) 1, <,-.1-h.r.vn s. Koch, C:i:ty Clerk of Aspen, Colorado, I certify that the %:ovc>, 31:1 foregoing o :d - 9 _�j/ill�.�l ce was inf r.or uc s„i; .read in .lr.1 pra. sc d on ( i reading at. 'a regular t llq �f tt.c City Council of the of ;).seen on 19 ?, and published i n trl._ Aspon '".i_mes a wgaek,, r..- sP:.iner of general circui_- eti.O , published in the C}..y of !7,p_n, Colorado, in i:ts issuu of and was finally adopted and t pxc,ved at a reau. ar .me"tinq of the City Council On alai± ordered PUbl Shed as 9 Ja -, fiat. C_ty, a ro v ;9 d by T.� 41'J.;id'i3SS -NhEhc�0r', set z;,y hand and r_.h.t. ,, al of sz!?.d Cz't:y of .. :en Co_.a ;;rado, this t �,� ''��` ���� •x. -/fit/�_ '�'��p � � ' �' .rt°a• y h i;:Zyri1 S.- C;??, Cl”ty Cj.c?;'��-' k''�'� a t �` Deputy C .., C RECEIVED DEC 1, 2012 CITY OF ASPEN Agreement to Pay Application Fees"'U"InD10FME"r Anagreement between the City of Aspen ("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 $265 per hour. City of Aspen: Property Owner: Chris Bendon • Community Development Director Name: Nora Berko Title: Authorized Representative City Use: Fees Due:$_$4,675 — Received: $ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 19, 2012 Dear City of Aspen Land Use Review Applicant, v 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. 6 enYou, nife elan, Deputy Director City of spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No ')< Subdivision(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. 2731 12 A L 1-1 W Pentts EMMMik—OP? ..;� File Edit Record avigatf Form Reports Format Tab Hefp iii Jump _ kftg Status Fees fee summery Main Actions Attachments Rooting History Valuation Ardr;ErQ Custom 6€M Sub Permits Parcels a i Permit type aslu (hspen Land Use Permit f 100832012 ASLU Address 3 E H,ALLAI4 ST AptlSufte City ASPEN state C zip 181611 Ox ?Permit Information Master permit� —� Routing queue aslu0? Applied 1130 2012 Project status'pending Approved 3 Description LAP FOR THE LAND USE PART OF THE HPC APPLICATION APPLIED FOR Ltsued EASE REFERENCE 0024.2012 AHPC FOR BILLING�-.ALL FEES P FRONT FORATOT,AL OF 54-380.00 REFER,AL TO PARKS AND ENG. Closed final Submitted DEREK SKAL KO 300 060: Clod (Running Days I �I EY�ires 1i"252013 Oviner Last name 8ERK0 First name FERENC R Iy91RTE PO BOy 360 ASPEf� 00 81612 Phone i ) Address f Applicant 7 Owner is applicant? Q Contractor is applicant? Last name BERKO First name(FERENC&IJIRTE PO BOX 360 ASPEN C031612 Phone Cust' 25077 Arldrvss 1 If f Lender t Last name First name r Phone ) Address E: i. i. ( ...... s 1 all'Displays the permit ener) aneas ; "�'2c -'reAt s e U�c� � - PC � RECEIVED JAN 2 5 2013 SUPPLEMENTAL LAND USE CODE SECTION RESPONSES C1 ti`l 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 Street 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 bi4ikl) 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 --- ---------- ---------- '1' 2 _(K- 2-2 "ID E PARCEL It): 2737-073-16 003 EXISTING LOT-223 EAST LOTS-C 13,E&F,BLOCK 72 12,000 IT ---------- E GRA- --- ----------- o Pl--223E�HW� A N7 M C�C'M' 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 t-970/925-2323 f.970/92o-1628 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 U EC"T: Ile: Berko Subdivision Application ration: 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 a ppropriate) eel ID#(REQUIRED) 273707316003 111A.,'ANI': lie: Berko Family dress: c/o Nora Berko, 130 Snowbunny Lane,Aspen, CO 81611 one#t: 970-925-3850 I'll ESENTATIVE: me: Stan Clauson Associates, Inc. dress: 412 N. Mill Street,Aspen, CO 81611 )ne 41: 970-925-2323 YPE OF APPLICATION: (please clieck all that apply): GMQS Exemption F-1 Conceptual PUD F-1 use GMQS Allotment ❑ Final PUD(& PUD Amendment) ❑ Text./Map Amendment Special Review Q Subdivision ❑ C011CCPtL1al SPA ESA.,, 8040 Greenfine, Strearn El Subdivision Exemption(includes Q Final SPA (& SPA Margin, liallani Lake Bluff, condorninitirnization) Amendment) Mountain View Plane Commercial Design Review ❑ L,ot split ❑ Small Lodoe Conversion/ F',xpansion Residential Design Variance r_1 Lot Line Adjustment ❑ Other: Conditional Use NISTING 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 two residential units and a one-story residence built in 1964. OPOSA.L: (description of proposed bUildingS, LISCS, 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. ve you attached the following? FEES DUE: $4675.00 Pre-Application Conference SUniniary Attachment#1,Signed Fee Agreement Response to Attachment#3,Dimensional Requirements Forin Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model flor large project I plans that are larger than 8.5"X I I"must be folded. A disk with an electric copy of all written text icrosoft Word Format) must be submitted as part of the application. Large scale projects should include all :tronic 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. (11or the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, casements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Evisfing--._ 0 —--------.............. Number ofresidcntial units: [�'x is fill gy:_ 3 .............11'i-opose(I.-__. 3 ......... NUrnber ol'bedroorns: 6 Proposed % ofdcrnolition (historic properties only): 227 sq. ft. of non-contributing addition DIMENSIONS: Floor Area: Evislingg 4050,.5sf Allowoble: 4260sf,",,,I)t�(,)I)o,ve(I.-...,3823.5sf Principal bldg. licight: L"xisibig.-, 28' Alloweible: 25' 1:1r(.)1)osecJ 28' ............... ............... ............... Access. bldg. height: 19' A Ito i ctible.- 25' On-Site parking: E xisting _.._...4 __,_Required: 6 ........ 4" % Site coverage: P,visting:__22' Requii-e& 30% Prol)ose(I.- 37% (historic), 16% (studio) % 0pen Space: N/A Require(I.... . N/A Prol.)o •e(k__N/A F'ront Setback: 2' Require& 10', 15' J)i-oposet].- 2' (historic), l.4' (studio) Rear Setback: E'Xisting.............8'Y' Require(k 5', 10' Prq1w,)see1-- 8'3" Combined F/R: Exiving- _NIA Require4y: N/A P1-oJ,)0Se(,I........... N/A Side Setback: Existing: 12'l 0" E Rquire(l 15' 10".,._l'6" (historic), 15' stud -1'6"(garaA ----- Side Setback: Existh g: 612"W Requh-eek___ 15' (historic), 6' (studio) Cornbined Sides: E,.vi.vlil7g: TV Required: 15' M-(y)oseJ-__20'l0" (historic), 21' (studio) Distance Between Existing 15' 5' pp()1)()se& 2 V Buildings 1?xisting non-conformities or encroachments: Front, rear, and side yard setbacks. Variations requested: 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 1 967 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 Sheet Subdivision PID:273707316003 Page 1 11 December 20 12 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 Street 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 PID: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 Street Subdivision PID:273707316003 Page 8 11 December 2012 Attachment 5 ���!/ Legend V Greenling BOLO Year g Zone Stream Stream Marrgin in iPUD / �L_i CrtygfAspen / / • � • Addresses / r , ❑ Airport Major Roads Roads Eagle and GarOeld CO � .. / 214• /- Roads /// / ❑ Edge of Pavement Aspen Edge Of Pavement Pi6.in 1 Jv. Dr ves �"- ot l4 k •�. / Rivers&Streams M •"'S� Subdivisions Bhuctures Condos � Parcels 2 D Lakes E Ponds ® Overlays / • ..+..~` 1 COY of Aspen Zoning 210• A ■ AR C CC 200• 1 ' 212, L ru 21 Mlata�C lD1 . like • 1ti eaeme.d P • `J`��`(�i„ ® PUB arrc aarA R•U ltd• a tsk ` ■ R-0 17• 227 ass 117 a-4 »P Subject Property 223 E. Hallam Street Subdivision PID: 273707316003 10 December 2012 Attachment 6 1'•10' CITY OF AIIPFN GPS MONUMENT NO. 8 o ID 2O n LEGEND AND NOTES ONE FOOT CONTOURS 0 FOUND SURVEY MONUMENT AS DESCRIBED A SURVEY CONTROL rJ UTILITY BOX TITLE INFORMATION FURNISHED 51: LANG TITLE GUARANTEE COMPANY ORDER NO OTF62002002 DATED1 FEBRUARY 6, F 1\;y �« ® DRAIN GRATE FENCE VICINITY MAP CUT UTILITY POLE 400 I/^ bl �, -''-- CALLS INDDRES RECORD AS PER 1959 OFFICIAL PLAT Of THE CITY OF ASPEN A'p { '- - �' ® WATER VALVE TREE WITH CAL PER(CONIFER-F DECIDVOUS•DI (DIAMETER IN INCHES, DR I�LI NE IN FEET( THIS PROPERTY IS SITUATED N ZONE 'X" DETERMINED TO Be OUTSIDE 500 A— -YEAR FOOD PLAIN( AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED 9Y F.E M A FOR PITKIN COUNTY COLORADO, Co MMUNITY-PANEL NUMB 08097CO20J C, Ef FECTIVE ' F a v0 9' t,.. DATE JUNE 4,C'981 /,�•6�.. .s {{y..: -R5 +t' _�••��..� ':. ��._._ LIES ENT RELY INSIDE OF THE CITY OF ASPEN MUOFLOW HALA0.D �P _ AREA ASODEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUNBE0. 1963, a 'IP` ,] v_ Y �'� A • f L, - - WATER IS GAS, AND STREET PHONE UTILITIES N ALLEY J J `F /jl FIGURE ES- 5 ELEVATIONS NTHE CTYSOfWASPENTOR MONUHENTR HARE BASED 19791 IH is ItV( • (`�..\/.•- r t.^.•-- .` °�(�,'r. !t ELEYATI ON 78 B1.]58 EWNIW JE 7 : 1 �f CITY MONUMENT NE. 1 V� CORNER BLOCK 72 HORIZONTAL CONTROL CITY OF ASPEN G MONUMENT 40. 6 T\ a ),,. 1 1 ze / 11 - ✓ _ / ! E: r pp �, I Z 'tri G gVE,N CERTIFICATION G Y/ THE UNDEft51 GNFD STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED DURING T 2011 AND 5 ACCUPATE BASED ON THE FIELD EVIDENCE AS SHOWN AND HAT THERE PRE NO DISCNEPANCIES OF RECORD, BOUNDARY LINE CONFLICTB, I ±'' ENCROACHMENTS EASEMENTS OR RIGY.TS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME Si CEP d'SR,ON SHOWN. UNDERGROUND VTIL ITI ES WI TN NO ABOVEGROUND APPURTENANCES, E p •,,,_„y! r ' N` :,-'o?. (; AND IjWB oFjECDRD NOT ITHPLI ED TO THE SURVEYOR ARE E%CEPTED,THIS SURVEY ��7 AM 'D WITH THE SEA Of BURV Y0R BELOW. _E'NUR O RE 1$'HESY R'HAN /15,000.' j f S. 25947 'n 0 �. , 5 IMPROVEMENT TOPOGRAPHIC SURVEY OF LOTS C D,E AND F, SLDCK Y2, CITY AND TOWN5I TE OF ASPEN. CITY OF ASPEN `OUNTY OF PITKIN STATE OF COLORADO CONTAINING- 0.207 ACRES •/- PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX 1970)925-3816 DATE JOB 10/11 41277 -ACTiD�N 6�EDRUSO NxoEVKf oM WTUiiuPiDAriiwaEµExYEARi AFTFA YOU FIRn of sCOVER sUO�DEFECT.IN xa EvExf luYu6Y u.'TI ON AAf FROM_O.TE OF TE CEAT�FI AT N�9F�DWNDfIERE�N?TNETEN RT F GT ON I6 YDIa F NOT U ..............._..M.._ ..._._ .... Attachment 7 223 E. Hallam Street Subdivision A subdivision of the 12,000 sq. ft. lot into two fee simple 6,000 sq. ft. lots. CITY OF ASPEN CPS MONUMENT NO 8 s -CA S 7, Owner Representative: 9 R.Dw S�.P Ms.Nora Berko VICINITY MAP s°s +LCSj ^r 130SnowbunnyLane 9 2: Aspen,CO 81611 Aspen City Council Approval This subdivision plat of 223 E.Hallam was approved by the City of Aspen City Council on the_th day of 201_by Ordinance No.—,Series of 2012,recorded in the office of the Clerk& Recorder of Pltkin County in Book_and Page_as Reception No.— Mayor,City of Aspen BACK OF CURB Date a ta'o 18'OL 7889 Attest: RED,9018 City Clerk EL]889.1 Community Development Director Approval This subdivision plat for 223 E.Hallam Street was approved by the City of Aspen Community Development Director this_day of 2012 pursuant to the Municipal Code of the City of Aspen. N 5'09'11•w 16CL 17'D 12000' ^ TB'OL Community Development Director Clerk&Recorder Certificate: — 2 "r N ZS day of IT,,B. This plat was filed for recording in the office of the Clerk&Recorder of Pitkin County on the BA$S OE BE A 2ip 00' _2012,and Is recorded in Book_on Page_.as Reception No. LY }0 9 IA F RINCS 2 DL \1j a Clark&Recorder / 890.0 151 L City Engineer Approval 7890.5 This plat was approved by the City Engineer of the City of Aspen,Colorado this_day of_2012. 14'DL Q - (90.00) CITY MOrvuMENT NE. City Engineer CORNER BLOCK 72 18"F 9 >2 0" ORIZONTAL CONTROL CITY OF ASPEN tA'DL 2.6 ti' v3 - GPS MONUMENT NO 6 O Lt 1 area to be removed B _ / 121 3 6,00p sq. ft. HOUSE Lot Lot 012 0 G�1 2" 15'6 1,C 3 F 20 DL /',1000 ft. YVl " HOUSE STEPS / D 1a5 GERTIFIGATIDN THE UNOER5I GNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS FIELD SURVEYED 280 - SHOWN.AND THAT THERE ARE NOADSCREPANCIEST OF RECORD BOUNDARY LINE CONFLICTS,THE FIELD SILL ENCROACHMENTS.EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME _ ]892]�.+ EXCEPT AS HEREON SHOWN UNDERGROUND UTILITIES vn TH NO ABOVEGROUND APPURTENANCES, J� _ / = AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED THIS SURVEY _ 5 VOID UNLESS WET STAMPED WITH THE SEAL OF THE SURVEYOR BELOW. ERROR tie o OF CLOSURE IS LESS THAN 1/15.000. HOT TS7 NC F DATED -_—---- ll II�'� --------- 1)a W JOHN M OWOR HTH,P.L.S 25947 LEGEND AND NOTES SILL 35 F 7890.0/ 1SOL 15 F /'X 9.1 DECK SILL 13'DL - `7 p FOUND SURVEY MONUMENT AS DESCRIBED 1.']892.8 52 SURVEY CONTROL _ _ 20,a ❑ UTILITY BOX BRICK TITLE INFORMATION FURNISHED BY: e 09Ck RAVERS 20.2 PI TKIN COUNTY TITLE.INC. PRAK( N0. ARKINC DATED: ALL EASEMENTS NOTED IN TITLE COMMITMENT ARE SHOWN 7890.5 ■ DRAIN GRATE J GARAGE FENCE 91 3 0 CUT UTILITY POLE POSTED ADDRESS"214 S 250911^F CALLS IN()RECORD AS PER 1959 OFFICIAL PLAT OF THE CITY OF ASPEN 120.00' ���®yyy��- WATER VALVE 203 PS o TREE WITH CALIPER(CONIFER=F,DECIDUOUS=D) (DIAMETER IN INCHES,DRIPLINE IN FEET) LL��lJ Q tR gRK1Ni IMPROVEMENT TOPOGRAPHIC SURVEY THIS PROPERTY 15 SITUATED IN ZONE"X'(AREAS DETERMINED TO BE OUTSIDE 500-YEAR 20.69 LOC OF PI iOKOi�COUN�YACOLORADOOCOMM FLOOD NITY-PANEL ENUMBER MAP 08097CO203 CB EFFECTIVE FOR R.OW ONPA MEO�'C 72 t=10 LOTS C.72, AND F, 7891.7 BLOCK 72,CITY AND TOWN SITE OF ASPEN. DATE: JUNE A,1987 THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD � 0 10 20 CITY OF ASPEN AREA AS DE FED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN.PROJECT NUMBER 1963. FIGURE IN ES-15. ONE FOOT CONTOURS COUNTY OF MTKIN STATE OF COLORADO SEWER,ELECTRIC.GAS,AND PHONE UTILITIES IN ALLEY W CON iAINING.9,000 pC FT+ WATER IS IN HALLAM STREET +- 0.20]ACRES /- ELEVATIONS SHOWN ON THIS SURVEY ARE BASED ON THE CITY OF ASPEN GPS MONUMENT NO 8.(NOVD 1929) PREPARED Y ELEVATION=]882.758 ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN,COLORADO 81611 PHONE/FAX(970)925-3816 DATE J08 IS vao 11 v.T WET ST.0 r1N TnE sEa1 nTineN Ch N t0/tt Al2]] Vt- LAND TITLE GUARANTEE COMPANY TBD Report )ur Order No. Q62004962 TBD 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 County Recording Date Reception Number Book/Page PITKIN 12-20-2000 449827 PITKIN 12-20-2000 449828 PITKIN 12-30-2008 555365 PITKIN 12-30-2008 555368 PITKIN 01-16-2009 555827 The following will be required should the Com an be requested to issue a future commitment to insure: I 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. I' I Fl l:l6+�I'j4 I'lll lll,it 1'4�l:i I'I 11, lu;'III(IIi 111'1{I:{VI IiII,I '"Ill'.f II II 'I{' I h , ll r„ 4i' I I j '�4,'I I,' ,I, (IIIYI' �1IiI�I�I,��,, 'II'' 11,,111I11IliIII;IIiIaIllllf,lial EIII 1 41: llll,� I I+111111�i �li 111 Id 1141 1 11 , 11 ,, Ii I I III , 11 b 1111', 14'1111111�'I I I'1 I ' ", I �I '1111 , ,' j, Glib II IIi1 11•ullll � , 1,'111 , 11.1 III �1i IIII llq` I I''I141�,il I III IIII I 111,q,IGiI%1,11111' 1�'RI''I1�, 11111' II 1, ��111 ! � j 191 II y{li l l II +III, Ill ,I jl I ,I ill, 1,1 ,1 t'11,3 411 i 1, { I t ` I,1 11, i' IIII I' Our Order No. Q62004962 I1l Ili 4.' 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I, I 1 1 1111 'I 1 111 1 I1, I� {( i 1111 1 f ,11 II y�l L 1 1 , ll 1111 I II I I Il�11 Illllllll 11'1.,,' III { 1 I I III , 1 1,�I p41 1111 1,I I, 1,11111 + 11 III !'I,III III{,I I ,1 1 II� ! i' iI'III.IIII 11111 ,IIII 1�1 11,11�1111, �i 1+III �I�1111 II+1 , IIIIIIII I�V111,1111I , j111ll,ll,'I 111, {Illlllllf'IfIlIl11+'" ,II;rt,11�j'11611 l.' 1111,�I;lIiIIIi1 111II'�I1i + 111111111111-, 1 1�h�,{II,I II'1`I i) I'I 1; 1 11 lli� h1111 111 111.1 III 1'l 11,1111 1l' LINES AND THE EFFECT 61 1 q , IIII q Ili h 1 j �'yl III III I I {L 1 Ii I A l TO ANY SAID 1 I j l i,1,',,11111 yI Ij1}Il pj jll l kl l�'�' j,Ii1h',11i11 II IILI'I'4111111 l . ll 1 111{ 141x,111 I',I;.�i I,IIII II 1111 l'I ' 11 I i 111 ' 111 , 1 1; I;1 1,,1111 I h1 li. I,i 11,1 11111 ' I IIII"' I:�11 I i,I I 1 111 hill I IIII I'I 4� 1 1 1 11 II I' I I,II ,111I,1'I`' 61+111111'6 dlll 'i {{ � !! , Ilyl' 1111111' 1 ,1 V Y II II 1 I, I 11" 11 ' I1� II 11,111111 ;,11,'iI1 'll1 IIII 1 II,I, 141'I I 'I11i.VIII 1 11,,11111'11111111 . 111,1+y111111 111 , ' �, lil 1' I 111 111'1+'I�'�111',llj1I II! 111 16i11'}11111,11,1 1;1.1 1111111 iI'11 1111 d I I',I'II I I ' 'lull 1 1,, I;' l 11 ,1,'111111 f " 1 111 ,IIII 111 11111.1,1 1 1j1111 1 11111 I I iJi 1 a 1 0 III I , , ,11,11 111111 111 1111 1111,,1 1111.11111 p 1 111 .111 L I IIiI, 11IJ I II�'1 111 I }1 If 1' 1 11luII 11 1;6 {Ih 11 II 1 III I,1 I I ,III 1 lil a gV, III"111111 1 n 7 111. j;111,111i11 lI 1`6 1'1',1 11 1 1111' ` III 1 1 1 1' I�1 {+I I{ 11 II Il d'll: V 1{! 11111 11 { I 4 It' 1 I I4 1 I -' 61 }�. a 11, 1 1 1 111 1 11 11 1 1 hull L11 i 1 1 1 1+ x11111 1'111 I I i, I III I+1 L ,11 1 I I 1' 1 I 1 II 1 4 I+I I 1 1 1 I i 1r 11 u , 11 1', 11 , Iii {1 I Ill I'. I ,'I 1 1 11.1 III I 1 11 1:.1 111 1 I 1, Ylli if 1 11111 I NI !.111' 111 � - II , 11 111 1 l I , '�',11�i 'I 111 °111 11111 1 1 11)I I,,li 1 Ii Il 11, i 11 1'I li I, I{III 11 k'7 '11111, Ii�111 , 1,1111+11I1 111 I iII, i I I 1x1 .i 11111 II I" 1, I 1 f 1111' I Ili 1 ' �111 I 1,. II I Ill 1 �i II Illi 111 'll i1-1 1' 1 1 111 ' 11 I 1 1-II ICI ,111 '1 1111111' 111.1 ill I�11� Ij , L4. ,� 1 1 I l.I 1 , I I I , I. 1 I IIr 1 1 11 +,I ,i +,I I,;I I 1 4 jai I II I I,IIII II, 111 '1111 I 111� 1 ' i1 , II III IIII II11 i iII, 1, I 1 I , I 1i 111111+I I,ii II 111 llV IIl 11111. II11 11 1 - 1 + ill 1 iII , '1 11 I 1 II' 11 1,1+Iii ,1, I h l 1,II'"i 01 II Iji1"I+I I I Land Title Gjarantee OxrPanY Date: February 13, 2009 titl epos i cy@al pi nebank.com ALPINE BANK, ASPEN ATTN: LOAN DEPT 600 E HOPKINS ASPEN, CO 81611 Re: Your Ref. Number 0260596001 Encl osed pi ease fi nd your L and Titl e Guarantee Company I oan pol i cy i nsuri ng the property at 223 EAST HALLAM STREET ASPEN CO 81611 and owned by GI NA 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 Title iscrepm { or if you have any questions or comments regarding your policy, you may Phone: 970-925-1678 Fax: Please refer to our Order No, OTF62002002 We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide the most efficient, reliable service in the industry. Thank you for giving us the opportunity to serve you! Sincerely, Land Title Guarantee Company Form AL/ORT LTG Policy No. LTFJ62002o02 Our Order No. QTF62002002 Schedule A Amount $491,000.00 Property Address: 223 EAST HALLAM STREET ASPEN CO 81611 I. Policy Date. February 06, 2009 at 4:20 P.M. 2. Nameof Insured: ALPINE BANK, ITS SUCCESSORS AND/OR ASSIGNS 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 Si mpl e 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 assignments thereof, if any are described as follows: DEED OF TRUST DATED FEBRUARY 04, 2009, FROM GINA BERKO AS TO AN UNDIVIDED 25% INTEREST AND DAVID M. FLEISHERASTOAN UNDIVIDED 25% INTEREST AND ELM 223 LLC ASTO AN UNDIVIDED 50% INTEREST TO THE 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 OFASPEN 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 Our Order No. QTF62002002 Title to the estate or interest oovered by this pol icy at the date hereof is vested in. GINA BERKOASTOAN UNDIVIDED 25% INTEREST AND DAVID M. FLEISHERASTOAN UNDIVIDED 25% INTEREST AND ELM 223 LLC ASTO AN UNDIVIDED 50% INTEREST Form AL/ORT =LTGicy No. LTFJ62002002 Our Order No. QTF62002002 Schedule B- I This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or clai ms 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 premises would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. ANY AND ALL TAXESAND ASSESSMENTS. 6. RESERVATIONSAND EXCEPTIONSASSET 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 TOANY 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 S4 DISCREPANCY. ID ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONSARE HEREBY DELETED. LTG Policy No. LTF,62002002 Form AL/ORT Our Order No. QTF62002002 Schedule B- I I I n addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the Land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that the lien or charge of the insured mortgage upon said estate or interest is prior to such matters. NONE * yF LOAN POLICY OF TITLE INSURANCE ai ♦[ AWY OnCECFOAIMNUAWORiERN7t1C1=CRSTA7SVEWINWd1 1W�FEDLIfEDTOBEQ\,ENTOTiEogvngNILNaR THSFQJC(MlbTBE C31k1TOTFEaMpAM'ATIWAp ;BSS-10MIN, 71-IM17CFT}E000T10, 00,19D RSKS -ctWE TTOTFEEXa1SCNGFF0100rffdGC TFEEXClli1a5FfmoaERR(. AINDIN5CiBtlEBAIDTFE C1�Li11CN�CtD1 6t1CNAl1CtV4Li1T(EI<`bI RAtV CX}}/➢ W,a Mrr�ta axporaticR('theCbrnzy'), ine Of C�e�#del,to the edet stated in Owe-ed RsIG 11,13,and 14,after Cete d PUicy,against lossor danag?, not raran-a#airedainowedIy the Ins-red b,'reason of: 1. Tiitleterg vested other ttanas stated inSJmcieA 2 A defect inor lien orexrrxarcecnthetitle Ths covered Rs<ind tisrilrt dtoix � fr(a)Adefed intheTtle by b an ()forgery,frail,uAia irfluerm dress,iroonrpetery,incapacity,or irrpersasntior; (ii)failureofanyt or Frtitytotieauthximdatra`isfercroneyarn-; (ii)a doarrert affectirgTitle rot prcloady cried,ecat,ted,witnEssed,steed aclToMedg%nctariag or dalivaW M failtretopsformthose acts necessary tooleatead arnat E>,d�roricn>�sauttnriaaib�lav; (v)a dnarret exexted uxbe a falsified e0re4 or othawise irtralid pwyer of attorney; v)acloa lre't not popaiyfledreorded,orindexed intheRticFecoi irxlLdrgfauetoPerformthose acts by elect raieea law(v)a defectiveji icial a adirirstrativeproceeing sc , or (b)The lien of reed estate tam orassesarrartsirrpsedOnttt?Titlekyagwerrretaauthoritydeorpeyaieb!u d (c)Any eno�hret,exxrrbraxe vidaHOR variation,or adoaea circ starce affecting the Title th-A world be dsJosed lot'an a iarate and currxFde land suvey of t b� Lard The term"etvroacirrat"irxluiesecroadrrertsofedstirgiWoveruts located on the Land onto ar4dringland and exreadhrrentsontotheLadofy irg inpooe etslocatedonaddinglard 3.UtrarWatle Title 4.l\b rigft of accessto and frcmthe Land 5.The of ary kw,ordnance,perrdt,orgNffmBtI reliation(rdudrgthose relating tobiildTar-ddmrirj restricting rEgdatirg prdibitirg,or relating to (a)theooaperxy,Lise or erjoynent of the Land; (b)the duader,dmardors,or location of any inprnrerrrt erected cnthe Lard; (c)tlxe s.bdvision of land or (d)auirorn-E tal protection if a notice,d-scxitirg any pert of the Land is rsardsi inthe Rbie R�rords setting forththe vidat ion or irtetion to eioroe,bt only to tlsedet of tts v datirn a e forcerat referreltointhat notice 6.An enforce rent action based on tl a wercise of a govem-ental pxnlice paver not covered bi'Cb✓ered Rsk 5 if a notice d t is efo a rret action,dasor rg any part of the Lax(is recorded intI`eRi licFbco*tot only to theedet of theenfcreeret reFerraltointtet notice 7.TF> eterdeaoftherigil soferine ntdxrninifanoticedtheeerdse,d�rilingarypartoftheLandisrecordedintt eRtlieb2xads. 8.Anytakingbyagovermetalbody,that t�oocwederredistithingcntherutsofapxrd forvaltewithotKroMedge 9.Tteirualidty or u-eforc�ility of the lien of tKe Insred Nbrtgage L;=the Title Ths Qxe ed Rsk irciude;bat is rot limted to inararm age rd dossfromarty of the fdloMn.g irrpsidT the lien of the maned MxtgaT (a)forgery,f-iA uxieirtluaroa dress,irmrr-pe ency,incapacity,or irrpp•srxstioR (b)failtreofaypa cxnorErtitytotraveathai�iatrarsfer orarn✓eyrarroe; (c)thein3.redMotgV not iAgp•epetiycreat(demded,witnessed,sadEdaclToMeihed,notanaad,ordelivered; (d)failtre to peformttuss ads nay to oreate a dxurert by electronic n�nsatlxriaai bj lavv; (e)adnarrsteacdeclu ndera falsified oredordherwissinvalidp merofattarey; (fladocuret not propaiyfilet(recorded orirxbcedintheRtlicFboordsinduingfaluetoperFoTrnthnos,actsbyelectronicmeannsauhorimdb!law or (g)adotxtivejuidal oracM ielrativeproceeding 10.The lack of priority of the lien of the Insred Mortgage Lponthe Title over ary at her lien or ercurbrance. 11.The lack of priority of the liend the Ins red Mortgage Lponthe Title (a)as sexrit y for each and every advance of proms of the loan seated by the Insred Mxtgag--cver ary stautory lien for services,labor,or rrateial arising fromcordnx#ioi d an irrIoraeret cr wok rdatedtothe tardwtshttr irrproAne t orwork is ether ()ootracted for or oxmwred on or before Dated Fblicy;or (i)oxtraded for,conna-ced,or co sit imecl after Cate d Fblicy if the oordndicn is firwred,in wtole or in pert,by proceec5 of tts lean six rel by the Irsued Motgxpttat the Insred hasadvanoed or is diigatel on Dated Fblicy to advance;and b)over the lien of arya�rretsforstreet irrpwerertsundreorstructimorompetedat0 edPolicy. 12.The inrelicity or uvtorc�ility of ary as`igrrat of t he Inared Motg�,prorided the assigrrert is durm in�Je A,or the failure oft a�grrgt shavn in Sd�tte Ato vest title tot he Insred Mortgage inns na rid Ins red a�g�freed dear of all lies Ckl is hlatioral Title Insrame Query Iss eel ttrar�jt the C7fice of: A Sa�CDrr}re� LAFC11TLEGJ4RWrECaFAM' AEtCorti lorry Ott 533EI-MINS#1Ct2 400%cord 1 fj Mrnaa nerda55401 ASF1�j Cp81611 970925-1678 9: horoedS tre ALCR1•.06(ALTA06-17-06)Qrve P.71 of o>o yNda, '�<< ' 13.The invalidity,una-fora ility,lack ofpriority,oravcidanoeotthelienciftheDaredMrtgag eLpDntheTitle (a)resitirgfranthea vcidarceinwhdeor in fart,or fromacult order proaridrgan alternative ran*,of any'trarsfer of all orarypart of thetitle to or ary interest in the Lard ow xrirg prior tothatrasadimbleatirrgtta lien ofthelroxedMort b9cas ethep riortradear-stitrted afraxU atapreferertdaltransferuclrfedelal bgrki#cy,state insolvency,or sirrilar crecitord rig`tslavds or (b)becaEetheinsredMortgagecor ltitrtesalxc#aertial transfer urka*f barki#cy,state insolvency,or Jmlar credta,s rightslar4sbj reason of the failLre or its recordirg inthe Rblic Racords, ()tot etin-dy,or ¢i)to irrpart rctioeof itse6staxe to a pxro mEr for valLeor to a jujTert or lien creditcr. 14.Ary c�ect in a lien or en urtrar ceon the Tit le or other niter inclLded in Cbvered Rsk-.1 thrown 13 that has t�created or attadrsd or has beet filed or re7xdsd intlE Rtiic RCOrcd-s IG94 at to DEteof Policy arxi prior to t te reoorcirg ot the bared MortgV inthe Rt9ic Pa xrds 11eoxrpaywillalsopaythecoshattorn cy�feeaaaxt inaxredindefe-seofan ymatteinsredagandbirthsPolicy,betor iytotheoctetpraridadintt neOxdtiom DCCXl icw R:CM COAPA(T-- Re fdlavrg rrattgs are ogxesdy eedut d fro nthe owed of the policy,and the Oxrpx3ny W II rot pay loss or darrege,cods,attorrt-Ys feea or e4angesthr`t arise by reason of: redridi r ati olitatirgorrelatirgto 1.(a)Any1av,ocirercepaint,or pmm-ertalreglation(indtdrgthoserdairgtoWldrgandmi rg, � Ex ()the ocaAogxy,Lear,or enjoy n'E t of the lark (1i)the dnarader,drrersions,or location of ary in orwerst erected on the Laxt (ii)thesixiwsicnof Ian#or (v)e m r=re tal protect ion errata r olio s ftis&dLrJOn 1{a)des rxt no 5fy or limit tte ow age{xoNfc�Linder or the effect of any vidat ion d them lav+s,ordinances,or gwer eat Covered Rsk 5. provided L.nCti Cb oral R lc 6. (b)Any gomr-rrertal police p oNer.lbs 6cdL Eicn 1(b)does not rrodfy a lint the�"�(r 2.Rjtsofe>lrtatdtxranTisNdLaon does notrrodfyor lint treco. provided L► Covered Rsk 7or 8. 3.Defects leas,eno xrb'a oes,advesedarns,or other nnttes (a)created.srffered,as rred,or agreedtobytheIrEredganert; (b)rat t-agntotheCbn'pany,rot recorded in the Relici�ordsat Cate ofFdicy,tutKr tottobaredClaimant and rut dsdosedinwritingtothe Qxrpay by the Insred(]anon Fria to the d teth a Irwed Cdanixt burs an lowed Lnir the policy; (c)resdtirginno loss ackmy--to the leanedClanat; � {LxXdaQrvaedRod11,13or 14);or (d)atadirg or created�t to�#e of Rlioy OvA'e`a,this�not rnodfy or lirrit the coverage pr (e)realtirrdinloss or da�thatwaddrotl-evebeen tarxliftf�lraaedClarartt IpedvalLefcrtt��tnarel e �lansoftl�edatewhhrethe 4.U�for�tilityof the fiaofthelnared Mort g�teceLse oftheirarlityorfalLreofanInsLre9too�Y aptdi � Land is sit Let ed tht arises cd of the tram Ion eAdencel ty the Insred Mort and is Lased Lloon 5.Inval idty or uertcizeatdlity inwhole or in pert of t he liar of tt�Iris red Matte Lary or any co sung credit prot ection or trLtNrderdnglava 6.Prydarnbyr oftheoperAionoffeeabaian.potty,dateiredvetiy,orsimilaraeitcr�riftslays,tiedthetrarsadionaetergthelienoftheInsxel Mortgage,is (a)a fr-a rUert ca eyance or fraLdAet transfer,or (b)a preferential trader for any reason not stated in Cbveret Rsk 13(b)of the policy. 7.Any lien on the Title for real edatetaes or assassrrets irrpzDsed by go✓anrertal aLthxity arrd created or attech g lx#vveen Date of Policy an dtM Me of recording of the Irwed MbrtLgxY in the Rtdic FecOrcls Tis ScdLeon does not rrndfy or lint the coverage proAded Linder Cb red Rsk 11(b). CAD-nGB 1.DB9NellCNCFTBWS Refo1IcWrgteMwWLeaiinths policy rren Ygttotlis i ircr try dion8(b)a (a)"AtroutofIrsx add':The anu rtstated inSdeddeA,asrraybe incre�iorc�reasedb policy, decreased by Section 10 of these ODrdtiors. (b)"Cate ofFtidy':The daedejgr ted as"Cate cfRdiof inS±ectleA (c)"Rtity':A oorpxdioR p atr aaip Mist,linited lial ility army+,or other snila leaf entity, (c!)"lrr>ttetx ':The Obligt ion seared byetheIraeelmxtgageirclLdng one Evict by electronic mereathxLBdb yla✓v,and if that odigetionis the psyrre t of a&U,the herd deice isttre smcf (,)thearrut of the prirrdpal cistzrssdasof Gate of Fdicy; (i)thearrartof the prirdpaldsbuseds-ixaa�to lie ofFdicy; (jii)tta oxEtrudion loanad✓anres necla sLhm:!.ert to Ned Fdicy forthe PxPosse of financing inwhde or in part the exxtrLrrticn of an irr rodErnant to the land or re♦aelto tt e Larrdthct the Ingxeiwasard cortinradto be ddigetedto advaxa at D3te of Pdioy and at theme of the ad/axe; (h)irtaest on the lcsrn )the pry nit preri (v unr eat fees,and other sin ila fees or paslties all aved by l avfr (,A)t is ogzas---of foredoare and any otter costs of aforce rert; (vii)the ay xdsadvanced to assre carpdiarcewith laNs or to protect the lien or the priority of the lien of the Irrared Mortgage teforeth e axtListion ot th e estate cr intaed intheTitle; (viii)tts arrDAsto pays taxeaxd irexarrg and (x)tter�dearrartsegx ltoprwetddaia-abcndirtgwarerts,bitt-eIrd&ed�isref.redbythetdadallpayrratsaxeloyany arrart forgven by an I rare; (e)"Irared':71e Irs red raTL d in S&ecUeA ALCRF 06.2 Qyva Ftxy 2 cf5 ()Teterm"boxed'also includes (A)theowner Of theindebledlcsard each stir in oAnnars ipd the Irda tec hss,wheths the wren or mmmsy mmthe lndJtedress for itsavnacco rt of as a trustee or cthar fidudary,east a euxessor who isan obligor uxtr the provisxud motion 12(c)of the Qxritions; (B)theperson or Ertity who has"control'of the"transtea'de recorct"if the Ircladtelsss is eridanoed by a"trarufgatle record,"asthessetErrmare defined hey applicable trarractianslaw; (C)s cessomto en Irered by dseclution,ma-ge,axmlidaticn,dstribticn,or reorgarizatio; (C)smemmtoan Ironed bj its Tonto another kircf of Entity; (E)a grantee of an hared uxdr a des i dowered without tit Of actual valuabe ocrrsideratien corueyirg the Title (1)if thestock,shy mharbe ship,or chin e oily irtaestsof the gartee are wtxlly-own-J by the renal Irsredi (2)if th✓ga;tteewr dly onmsth e names lns.reot or (3)ifthegarteeiswt,dly-amredbyaneffifiztaiErtayoftheramedIns ed,providedtheafffiliiatedErtityarilthen3TEdirsyredare tothwhdlyawred bj the sate person or Entity; (l ay goveTmert agaxy or irstrure tality that is an ins err or gusirator urtr an inmrarce cort red or g.ararty ins ring or g.ararteei gthe lrrW #ass sexed by tte maned MottgVE,or a y part aft,whathar nsirrecl as an Ire a rr.#; (ij)Wthregardto(A),(13),(C),(C),and(E)reservirg,I'VvVever,all dos arddeferisessasto ary ajc that the Comparyworldhavehadegainst anyp" lreii%Ldess;the successor axl.ired theIndsiotechess asagrdaserforvaluewittro utKmIe#dtheasseteddefect,liar. ena.rrbrarog or otter matter irsreclagainet by this policy. (t)"Ire.red Clamant":An Irsaed darrirg losscr carraga. (q)"Insured Mortgage':The Mortgpce rbsdlin�dph4d3iudleA (h)"K-aMecW'cr"Krrxnm AdLd krio (ecbia,not mrrrtru Live kroMedge or n tioeth at mays being-tedto an bred by rim of the Riblic Fords or ary dher records;ttet im};3it coristru Live rctice of mattes affedirg the Title. @"Iand':The lard described in-E teAand affixed improveratsthebylawcoratitute real property Tieterm"Land'dosrutinclude.arypropetybeyond o� d the armk#uaibedin�9feA rcrany rigt,title,irterest,estate,crea�ret inaatttirgstreets,reacl;,aveY.�aleA lares ways, sways,bt this does rot nodfy or limit the edert that aright of access to axi fronthe Landis irsred by this policy, 6)"Mort ':MatgV,deaddtmA,trust daed,ordhe sexrityinst ert,irrludrgaeeAd lbydecroricmterrsathai2edIylast. (k)"R tiic Fbca'd5':Peoordsestabis`ed under state stat ties as Dated litho)for t he purpose d inparting ooi-Etrdive notice of matters relatirg to real property to lorichasem forvalueandwithot tKnaMedge.Vuthres}�toQxeredRsak5(dj,"R1dicFeo cl�'shallalsDirdLitertAronretallrotectioislieu filed in the re>xdsof the clerk of the Lhted:2aes0stridQrutfcrttr dstridvvherethetendislaatai. ()"Title':lheesfsteor interest cf�ribeiin AeA (m)"1-t rarketable Title':Title affected by an alleged or ap Brat rn#ter that would psmit a prospective prdhaser or lei of the Tt le or ledar on the Tale or a prospective p of the Irare`l Mortgage tobe released fromthe obligation toprrdtns e,leas,or laid if there isacrortratuacordt ion re}iringthedelivery of rrarketatletitle. 2.ODM NUATICN CF I tgPJVCE Te coverage of this policy shall continue in farce as of Ned Rdicy in fair d an Irsred after axl rsit ion d the Title by an Insred or after canveyarm by an Insrect orlysol a the lrwer eaima nestet eorirteestinthetarciorlxldsanodigtimsarredbyaprda--mmeyMortgxj--Ovei (apxd-a�frantte Usr solagasttairsredstdIhaveliabilitybyreasonofwairartiesinarytrais#aorcv otheTtle.Tisprlcyshalnrtatineinfacein favord a`N rdaserfromthe Insred of ether()an estate or interest inthe LarI,or(i)an odigatim sa2rei by a prdmsemxey Mxtgagegven totter Irsreci 3.NCMCECFCLAIMTOBEG\ENB'YINGLf;EDC1AMANT Trelrisuredshall notify the Oon-pary p-orrptly in writirg(i)in cam of arty litigation asset forthin Soton 5(a)of these OondtiorA iii)in case ftwlec4e stallarreto anIrErelofamydamdtitleorirterest that isadversetotieTitleor the lien of the Insured Mortgage,asirsued,andthat night cause loss cr for which the Crxrpery rray be liable by virtue of this policy,or(ii)if the Title kx the lien of the IrsLred Mortgg as irwec�is rejected as Urrarketa le Title.If the oxrpary is prejuloed ty the failure d the Dared Oainwt to provide prar}t notice,the OmPary's liablity to the Irwed Ctairrart u tr the policy stall be rem to the extent of the lreju ore 4.PFUXFCFLCSS In tteevet the Omp37y is LrOdeto dsterrire the amart of Icssor dama,cia,th_ofmlmry may,at its c{olion,rat ire as a arxition d p3yrTert that the Irsrel damea fu ish a signed proof of lows The proof of loss rust describe thedefect,lien,eYxntra ioe,or oth2 matter irsred agairsf by this policy ttet eorrsitut sthe bass of loss or darrage arts shall date,to the eclat possible,the b adsd caalatirhg the armxt of the lessor damage. 5.CBIMEAND LTiMCFACTJCNS (a)1-1mriwrittenrembytheIrare,andstettotheoptionsccrtarstinSection7dthhc CtacitiorstheCaixamy,atitsann cost arcsWhot ur oledeny, Ipro✓i�fort hedstenedamirsxerJinlitigstioninwAichanythrd party asserts adamtorveredbyt his p;licyadsse tot he InsreiTiscbi0on islimitedtoonly those stated causes d act ion alleging matters ironedag nst I>ythispolicy.TeCtrrlary�tlgavetherightto sol�f carte d its de ce(cloject totter nigh of the Iraredto ot3ect for reanoradecase)to repeat the Irared as to those stated cater of act ion it stall not be liable for and will not pay the fees of any d her coursei The Qrrpmry will not pay any feed costs,or ecpEnses it arred by the Insured in the astereeofttree causes d act ion that alleg e.matters nct insured agrstbythispolicy. (b)lle yshisill have the right,in addition to the options;c otareainSedien7d these Qrroitiarat its avn cost,toinstit Lit e and prosecute any act ion a proceedrg or to do ary ot her act that in itsopiricn may be ray or dasireableto Est abishthe Title or the lien of the Irsrel Mortgage,as oared or to prevent or reduce loss or carries to the Insured The Cbrrpary may take ary apprcpdate action txrds the terrrs of this policy,wtd her or not is shelf to diode to the leaner!Te Exerds d these rigts shall not bean acirisson of liability or waiver of any provision oft his policy.If tfe oxrpary ecedses its r g[i s u d3r this st>eadim,it mA to cb dligartly. (c)�Wn�.a�Qnmpery�rg;an action orassertsadsteseasregiredorpamittedbythispolicy,the Comp>:rymaypusetfelitigationtoafired by aarpEtert juisddiah,anditWeedyreaavestherigt,initsSoleciscretion,toap>pealaryadversejutgrstaadar, ALCKf.C6.3 Cirver Pa3e 3 d 5 6.DUTY CF 1 N9 JF;ED CLAI MANT TOTE (a){naI whaethspciicyperm its orrecpiirestheCtxrpaytopros?meorpro violefathedotescfaryaotiororproce od p ez t "IszretotheC brrpaytherifttoso proseu teapr ovidedefenseintheactionorprcosecfrg,irdLdrgtherigitto dlr��sxeliead(i)r 2ofthe ire-red for this VTffwreledby theoxqm ry.theinsred,attheOxTaYsegz�"IgvetheO�rrpery r ordefenirgtheaiticno'proceedrrig,oreffectirgsdtlerat,ail(ii)in"othe lar ledtt�inthe ed sect irg eAde ce,d3anrgwitr i prrat ra cpiricnoftheOxrpaynWbenayacfsra�"etceaadihtfaTolle,tlaliardtheIrar Mxtg3g,oraydterrrEttaasir ereel.IftheCbn}aa1ris prquiardlytta failueofthelwedtofurfsrtferegiredcoopar&icn,theO xipa-Vsobligatiorstothelrs xeiudattepdioy�Iterrdrde irxdrxirg aNli alityad�Iigdiontodefexl{no te,crcatinearyfftigdialwithr dtotherr matter rrx3 i cooperation b)The Cbn�rry n-ay r Y re}ireth-Issued Clain-t to sttrrit to ecattiation urcfa oath t�any tt e a�tFm r�xes?ntativeof the , pro9.re for ecanir�ion.irr�Lion,ardcoperg,atsu r etinesarciptac�sasrraybec�g-d bi 1i2Bdrq esat xtvic�svh-Ether al records,inwfdever rreiunnairtare4 induirgbodcS leig�dicks,na>rsaxla,cor ner,r % pertain the loss or damaga..Father,if reTeded by arty auttaimd rgxesatoive of tte �rirg a ilea before or after Dried F�licy,ttat ray p esa tative of the Cbrrpary to ecarrine,irk,axi�all of OxWy,the insreclOharrat stall Bart itspermsson,inwritirra for ary a tI crud reTx acortrdofattird rt thatre�ebly�tantotheloss orderrageAl infarationct�ga teda;°atidatialb/thelrar�l these rexxdsinttea�o3y Y oft heOxrpary,itisnecessary in Qarrat prori�tothisompa'y puslat toths�fions�l rut b dsdcr�dtodonLrd�h pro ej t edinfoardian,a grant the airpridraticn of the daim Falue of the Irared Clarre t to sbmt for eanirdion uri r oath prat a any veers viably req p3-niss cntoaxereasxedyneca�ryirforcdicnfromthirdpsrtiesasre4irelinthsst et ionuic�problitedbydervorgrrarrretare3iathm sn 311terrirr#eanyliabilityotteCbrrparyu.dr thispoj4astothodam 7.CFTIC�TOPAYCROT MSESET��MS;�INA'���UABfUTY In care of a damursr this policy,the Oxrper y doll havethe fdla,rirg aditierrd opticrs (a)To Pay or 7eda Payrrat o tte A Tout of irrs ranee a to Rrdasthe irtW edi rrrxrred icy the ()To Pay or terms peyrrat of ttaAn'or.rt of Irsua ce urkr the policy together with any oasts,attopsy�fees Iris recdClarratthatwereattrori dlyttrsCkarp nyPtothetirreofpxtynataterseopaynetadttdthe Oxttaryisddioeltopay;a (ii)Toprdasethe{r>JJdmsfcrtteannutotheIrcW onthedatedpsdnstcgtherwithaycols,attarreysf ,arta marred by the it sued 0airrart that wereathxizad by tte Oxrp any Lpto the tirre Of passe andthat the O Irrrtisxt�stedto PRY,red VIM the Cbnpay p.rdasrsthe Ircl�t�s,the Ire red shill tra�a,assgl ad oarvey totter Qxrpary Mortgge,together witharycollateral ssxrity. tothalrsrrad tpar the ocad�b the 0xr ryofett xofthec0ionsprovicfadforinsta�iors(ax)or(ii),allliablityardd9igatio rscftheOcnpery �te,a uxier this policy,other than to rrale the payrnst reepired inthrt>?srbactiar s all tenirded irrduirg a y Iialiity or oldigstimto ddsxi pr ootineay Iftigation (b)To Pay or Ohherwwis Settle V\th Pbrties Oh er Than the Ins.red or VVthtla Irwed Claimant daminsred again t urh ttispdicy.in aditiar tier (I)topayordhswisesettlewithotrvof esfor eper-e nxxedbitheel�a�d rrrartthat wereartha'�btheOxrpayrptothetineof Crxrpay will pay ary cods atto nays fees,ad egeass pa)mat adthat theOxrpany isodigstedto pay,or (p to pay or ohawis ssttle writhtlre Ire.red Oarrart the low a c7rraJ?provided for ux'Er this policy,tog#ha writh any cods attorrays fees,arid eqxr c-esircuredbythelrsredC einarttlatwereauttxxi�dbythsCYxr patyrptottr tirreopayrretadthatttaOxr}ayisoldigatedtopay. of for insiadicrs(b)()or(i),t11 Cbr}arty+soldigatiorstothalnsredundath policy fo scads.re the sorpaty redto berm*stroll to ninate,irduingary liability or obigationto defend,presaie;or policy for the darrrad lessor darrag=,dFts than the payrrats raged ccrtimeany litigation 8.CErBWI%flC:N AND BUNT CF UABIUTY THspolicy is cnrtrad of irrclarrrity against actua!norrtary loss or charrage astaine`l or ircxrred by the Irs red Oairrart W ro hassiffered Ica;or dentg by reasxr o rrattersins red egaird bey thsP^liq. (a)Tteeidet of liability of the O rpany for loss or darrageuider tHs policy dell not eeoee dth s Ieast Of (1)the ATud of irrsrare, (i)the beds tettess, _ (Iii)if a g Tur2 txfw�or insinrreta yl isthe irsred d tmart,than the Utlit paid innttteaogisdtiiaro tf�eTitle�a by this p i Or tre Ins-red dd mortg�in:�isadion of (v)if a gavarrrat a�icy itsine ancecortradorawraty. ashared, (b)If the Qxrp ayf zra�its dos ur�:�dicn5oftt��ti�"is m din�adidrirgtheTdieatfafienottalraredM)rtb � ()theNnart o Iraraxesall beirrxeasEdby doN and (ii)the Irered Gairrart shall have the dglt to have the loss or daneg:d2temned Eli her as the datette daimwasnade ty thednared Claimant a aso the dae ft iss#tled er-d peed (c)Inttee✓ertttebaredbasa*redtheTitleintten -rerc�ribedinSeetian2ofthes`OxdtiorsorpasconvEyedtheTftle,thentheedet of 8(a) tteOtio liablityotheOxgxryatcatinaassstforthinSation � Sattcrrej fees.ade irxredinacccderrewith (d)In ac iticntoth tert o liability uTk(a),(b),end(c),the Co rpary will pay those cod Ssticns5 and7 of the Oxdticm 9.UM1TAl1CN CFUABUTY (a)IftfeOxTpay estebli�stheTitle,orrernvestheallexlClef liaraenrrtxarxeaar�thetad<oaricJtoare�toafranttaLandorcuesthedaimo lJxral�taleTitl�oretakli�theliardtheDaredMatg3ge,allasinsrei,inaraydligertrrsrmbyart/ndhcd,irdudrglitigat ardtheexrxlet n tothatrrt:tterardstalirotbeliadefcrarylosor gee eedtottalrered o any appsds�ft shall havefcily pafcrrredits ddiytharswith rimed s cast,the Ox aty sell have m liability for lose or dairags util thee (b)inth he Event of arylitigetion,irduirglitigationbytfeCkrrpary dxwiththe hastinafinddeterminationbyacartocarpetetJustdion,enddspOstionoallap�ls;advers?tothe Titleatotlali�rothebaredMatte,a;irri red (o)T��y still not be liable for loss or de rage to the Irsu6d for liability vdutarily assiTed IN the hared in settling any clamor sit withxd the priorwriitar ccrisat of the CJTM. ALCRT.06.4 Oita Page4 of 5 10.FMX'T1CNCFIN PANCE�FEEl(. 1CNCRTBWINA11CNCFUABIUTY (a)All pamatsutda this policy,emept tam Bf#s rrede for costS attmneyss fees,and egoases,shall red tice theMTtrt d Iratat�e b/tf a attxrt of tt��fayyrrvt. any Peinosrrade prior to the axFisitimdTitle paviobclin cfion2 theeOxiijons�lrotredietheAmxitdIrarareaffcrckd ut�thepolicyeccelltottereQatthethematsraicetheInc�ted s (b)The vdutay satisfaction or rely of the draxed Mortgage st-aill termnate all lialoility d the Oxrprary except as povided in Sactim 2 d the Cbndtiar. 11.PAYMMCFWSS VUr.n liability aid theeaert of loss or cktrge have been definitely filed in aavrdermwith the Gnnd tiara the payrrat shall be n3cla within W otays. 12.R G-!TS CF 1E1OvBW u=CN PAYMNT CR SETTLEMM (a)The CbrrFart/s Rgt to Rxava W' wertheQ xrpaysallhavesettledandpaidaclaimutderthtispol icy,it shall be 9-brocjsted and ert R W to t he dgts of t he Insrxed Claimt in the Title or Ire-red atMoitgVandadlotherdgtsandrezEdesinre�tottadaimttattheIrared Clainal as�r�ar ypa�apropety,totheedatofthearrzxrtof I Doer{ on dfasarJegrs sr�idt�theCbcrpa ry.lfrecp�#edtyttL-Gx�,tl�IrBLrEd efiratstalleectetairatstoeAdaxethetrarsfatot�ryor� these rights in and ransaies The bared OrwMint shall Ferrrit the O rparyto se,mTpr rrise,or settle inthe nave of the Irared Claimant a dto n�the marred the I sxed Oainatinaytrarsadimalitigation invdvirgthase rig ltser drerredes If a paytTent onacra.rt of a claim does not fLily eo�e-the loss of the lnsued Clairrart,the Cbnpary shall defer the ecadseo of itsright to recover utiI after the InRxe l Clain-e t"I have recovered itsloss (b)The Irareds Rg4tsatd Linitation )Ibis owrt 3oftheIndBUe#esan-eyrdease orsos titUethe personal liatilityof any delfororgarat or,edendorct larrwise rrodfythetamsor release a port ion oftheTitlefrcmthelienofthelowedMxtgxge,orrdea ay collateralsearityfortheIrtdsi#�p if it rotatfcftteaem's lityor t,rledthe lien of the Irared Nbxtgage (i)If the Irared ecads�n�provided in(b)(),W has K-OMede of any daimad✓erse to the Title or the lien of the Irsred NtrtgV ins nerd against by this policy, the OxTery shall b`r ray aiy that part of any looms hared against by this policy that shall ecosed the artxrt,if baiter baredOairratof the Omperysrightds -cOion ay,losttotie Ctorricanyby reason of the irrpairrrat (o)The O=pe Ys RghtsAgsirst Ktxinred Ctligxs TheObnpaysright dstrogationirtduzb thelnsoredsdi tseorEt rai4rs redot digomindudngtierig tsdthelrsredtoindaTTities ganartiea oth>r rxlidesof inrara ce,or bor*rctwbthtrter drg ary tares cr cxdticrr.=faired inth>m--irstruratsth#adotesssotrogition rig`fs The Cbrrpanr/s dd-t of s#r093tion stall not be avad�d by ao}isition d the Irs re d NlxtgaT by an okiigx(eccx;pt an obligx damhbad in motion l(e)(i)(F)of theme Obrtdticns) whb axedresthe Ire.red Mortgage as a res.dt of an irderrrity,g eratee,,dh err policy of iniarxce,or bad arldtle cldigxwill rot bean Irared ocher this policy. 13.AFITRAIICN Either the spay or the Insred tray grand that the daimcr catravaW shall be s.jxtittedto atitratim puac-at tot heTitle Ins rarceArbtrat ion Rdesof the Arrerican Lard Title Association(FU s').&dept as provided in the RJes,there shall be nojdrtdr or cor edidat ion with dairrs or cont rovasies of other persons Arhoitrabde rratters Tray irdude,b d are not lia to dto>,any mrtrwasy or claim between the Gxrpery end the Iraredarisirg mid or relating to this policy,any suMoeinodY�xtionwithitsisar�mor the breadeda policy poaiisio�ortoary other ootroxcesrordamaisr�otdthetrarsactimgvirgnisitocy, policy.Al abtratle natterswh e ntheAnurt of Iraraxe is V,000,00D or less shell bealitratedat thegdim of tithe the GxrFany or the Insured.All atjtrade natters whentheAmxrt of lraraxeisinexcessof$2,000,000s`dl bearbitratedatywfieaagesdtobyboththeOxrp panyandtheInrxl At;itratimpusLart totlispolicy std order the R jes"I Le bindrg Lp nthe pities Ju#rat tpon the randssi by theArlitrator(s)nay b e entered in ay cut of canpete t jnris3dion 14.UABUTYUMIT®TOTHSPCLICY;FaUC(MFECCNTRACT (a)This policy together nMthell TetS,ifary,attadredtoitbytheOxrparyistheertirepolicyandcortract belweenthebareda tdtleCbr}xry.In interpreting ay provision d this policy,thispdioy call to mrctnB asa whole. (b)Any daimof loss or dannageothat arises oxit of thastattsof tle Title or lien of the Inered Mortal or by any action asserting sch daimefali tor:restricted to this policy. (c)&Varratdretoforerrbrsen`erttothispdicyrnatbeinwntirgarilathaticatedbyanathori�dpin,aegr�yirtatT atedby3dhJJeAdthispolicy. (ci)E�xh ttothisPolicyiss�iataytirreisnaokaprtofthispolicyandisslaec ttoallditsterrsandpo✓ auExoeptastheaxix rrgt i�a-�thneAmrtdtran( �aryofthetarrsandprovisasofthepdicy,(()rraffYa-yp rio'errkreraf,tiii)eQatdtheDatedPtlicy,orQv) 15.SBkRABIUTY In the evert a y provision d thispolicy,in whole or in part,is hdd irvalid or ua-fforoeade under c-Wicalde larv,the poicy shall be cleerred rot to include that potsimorsudspart held tob einvalid,trot all otterpwisiasshall rerreininfoil foroeandeffect. 16.Ci CCECFLAIN,FCRjM (a)Chaoe d Law..The maned acleuMe#sthe Cbrrperry has urierwrittenthe risks covered by this Policy and d#errrine ithe prerriundarged therefor in reliance tpon the lav affecting irtaiestsin real property and eoicedetothe irterpefatiori rigts,remxies,or atoroare tscf lxiidcsd title insrarbeof the juisiction wherette twill is located Ttt�ore,the gout or an artitator shall apply the Ian+d thejuisiction where the Laxt is lasted to determinetfe validly d dairrs against the Td le cr the lien d the bared Nkrtg-that ereadsto the Irwed aril to intapret anderforoethe tarrsd this policy.In neither case shall thecoot a atitrator apply its ocnflictsd lav prin cipristodeterrinathe aF>diceble la�v. (b)OhdoedForumArty litigation orcthta proceeding bv4tbytheInnabagain;theOxrpanymit tofiledonlyinastateorfewtoutwithinthe Lhited Sates d American or itsterritcries haArg ap ropiatejuisictim 17.NC Ifl ChB,WEE SHAT Any rotioe of daimaxlay diner notice or efatarat in writirg recl iredto begventothe Carparty order this policy must be gvento the Cb tixnyat: 400�Avexe South,Mods,Mrresda 55401,(612)371-1111. ALCRf.05.5 Obvar Page 5 d 5 Attachment 8 Land Title Guarantee Company CUSTOMER DISTRIBUTION id Title .1171E COMPANY NAT CC COM Our Order Number: Q62004962 )ate: 12-10-2012 ?roperty Address: 223 E HALLAM ST ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: 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@itgc.com STAN CLAUSON ASSOCIATES,INC HOWIE MALLORY 1230 SNOWBUNNY LN 412 NORTH MILL ST ASPEN, CO 81611 ASPEN, CO 81611 Attn: HOWIE MALLORY Attn: PATRICK RAWLEY Phone: 970-925-3850 Phone: 970-925-2323 Copies: 1 Fax: 970-920-1628 EMail:ihmallory @gmail.com Copies: 1 Sent Via EMail EMail: patrick @scaplanning.com Sent Via EMail I 1 i 1 i I Pq LAND TITLE GUARANTEE COMPANY INVOICE NO. ASP-3565 Land We GUARANTEE COMPANY ;W-- TGC.CO. 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, / r 0 Nora Berko Authorized Representative Parcel Detail Attachment 10 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset OueLy 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 2011 Mill Area 11 Numberl Number Property Type Levy =1 R000127 273707316003 RESIDENTIAL 31.653 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: 1223 E HALLAM ST ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: 0.000 Land Sq Ft.]12,000 2012 Property Value Summary Actual Value Assessed Value http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 Parcel Detail Page 2 of 3 Land: II 4,950,0001 394,0201 Improvements: �— 41,300 3,290 Total: E 4,991,300 397,310 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics F—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 1300 Total Heated Area: 2,760 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Y 11888 Effective Year Built: 1970 Bedrooms-]14 Baths: 2 Quality of Construction: AVER T 11 Exterior Wall: WOOD SD GO Interior Wall: IPLASTER Floor: CARPET Floor: WOOD Heat Type: HT WTR B/B Heating Fuel• GAS Roof Cover: ASP SHINGL —� Roof Structure-.]I GABLE/HIP Neighborhood-I 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 ] of 3 5. 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. 6. The foundation shall be sandstone to match existing condition. A material sample shall be reviewed and approved by Staff and Monitor. 7. 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. 8. 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 14th day of November, 2012. Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: 'Kathy St Ackland; Chief Deputy Clerk - - - - - - - - - 223 E. Hallam Avenue—Minor Development and Demolition HPC Resolution#29, Series of 2012 Page 3 of 3 Easy PeelO Labels i b P—A..1w-_ Ise AveryO Template 51600 per — AVE Paper 51600 i Attachment 12 f0-6/.1 o<.14- 202 ASPEN LLC 225 NORTH MILL ST LLC AMATO JOSEPH A 2950 E BROAD ST 2ND FL 225 N MILL ST PO BOX 503 ,OLUMBUS,OH 43209 ASPEN, CO 81611 HIGHLAND MILLS,NY 10930 SPEN COMMUNITY UNITED CHALAL JOSEPH B CITY OF ASPEN IETHODIST CHURCH 1005 BROOKS LN ATTN FINANCE DEPT 00 E BLEEKER ST DELRAY BEACH, FL 334836507 130 S GALENA ST ,SPEN, CO 81611 ASPEN, CO 81611 ;JB REALTY INVESTORS LLC DOMINGUE FAMILY TRUST GARRETT GULCH EQUITY VENTURE LLC 544 WENONGA CIR PO BOX 2293 2950 E BROAD ST IISSION HILLS, KS 66208 WINTER PARK, FL 32790 COLUMBUS,OH 43209 3ETTMAN ROSA H TRUST GSW FAMILY INV LP HAYES MARY E&JAMES L FAM LP LLLP 125 S FOREST PO BOX 2038 209 E BLEEKER ST )ENVER, CO 80246 WHEELING,WV 26003 ASPEN, CO 81611 LODES ALAN&DEBORAH HODGSON PHILIP R 50% HOGUET CONSTANCE M 14 N ASPEN ST. HODGSON PATRICIA H TRUST 50% 333 E 68TH ST >SPEN, CO 81611 212 N MONARCH ST NEW YORK, NY 10065 ASPEN, CO 81611 JEROME PROPERTY LLC JOHNSON RICHARD & MONTAE IMBT KRIBS KAREN REV LIV TRUST i40 W MADISON ST 6820 BRADBURY PO BOX 9994 ,HICAGO, IL 60661 DALLAS,TX 75230 ASPEN, CO 81612 -IGHT HOLDINGS LLLP MADDEN WALTER ROSS 42.5% MONARCH HOLDINGS LLC X01 BASELINE RD 218 N MONARCH ST 458 WALLS WY 3OULDER, CO 80302 ASPEN, CO 81611 OSPREY, FL 34229 AYRIN CUTHBERT L JR 57.5% PARZYBOK WILLIAM G JR TRUSTEE PENN PAUL E&SUSAN W 'O BOX 12365 3860 FOXCHASE WAY 3830 E 79TH ST kSPEN, CO 81612 COLORADO SPRINGS, CO 809086901 INDIANAPOLIS, IN 46260-3457 'UPPY SMITH LLC RANDALL MIDDLETON/HALLAM LP SADLER QUAL PERS RES TRUST#5 50% 05 S MILL ST SUITE 301A FIVE POST OAK PARK#2580 8536 N GOLF DR ASPEN, CO 81611 4400 POST OAK PKWY PARADISE VALLEY,AZ 85253 HOUSTON,TX 77027 ;EGUIN WILLIAM L& MARILYN SEMRAU FAMILY LLC SUTTON KERMIT S&JENNY W 'O BOX 4274 300 S SPRING ST#203 715 TENTH ST SOUTH ,SPEN, CO 81612 ASPEN, CO 816112806 NAPLES, FL 34102 tiquettes faciles a peter d R Sens de Repliez a la hachure afin de I www.avery.coen 4ilicns In n.h�rit td\/C VO caGnO f 1„,.,.i.,...a n--—me I I Qnn r_n_nvC6V I Easy eelo Labels i ♦ Bend along line to (j/�� AYERY@ 51600 Ise Avvery Template 5160 0 a Feed Paper expose Pop-up EdgeT"" 1 c 1 /73 n o r US POSTAL SERVICE WATERS DANIEL E WHITMAN RANDALL A VVESTERN REGION C/O BOSTOCK VICTORIA C 4845 HAMMOCK LAKE DR SAN BRUNO, CA 94099 8 COPPER BEECH RD CORAL GABLES, FL 33156 GREENWICH,CT 068304034 /tiquettes faciles a peter Repliez A la hachure afin de I R R Sens de ervvuvv.avery,com I; 4elicra� oo noh�re4/�!/C®VO C'1 Gr1O ...,,J.I,.,.I......l....A n__..—mc I a tlPePS Y_f1 h7/CCYV' b ``\ \ 0 75 150 It \ E ,� \ Feet a_ \ \ S 11 // \\ This map/drawing/image is a graphical representatiol of the features depicted and is not a legal representation. 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LU LLC co it � 1 1 LL � � 1 LL O Z v' N" Attachment 13 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams,429-2778 DATE: 3/9/2012 (revised 11/512012) 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. COMMUNITY DEVELOPMENT DEPARTMENT 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 81/2"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. November, 2011 City of Aspen 1130 S. Galena St. 1 (970) 920-5090