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coa.lu.su.947 E Cooper Ave.0057.2013
AW THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0057.2013.ASLU PARCEL ID NUMBERS 2737.18.25.2005 PROJECTS ADDRESS 947 EAST COOPER AVE PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION AMENDMENT REPRESENTATIVE SETH HMEIOWSKI DATE OF FINAL ACTION 08/30/2013 CLOSED BY ANGELA SCOREY ON: 11/06/13 its FarmY T� Hey Fde Edrt Aecord Navigate.Form Repo- __. �._`"_.-----�--~---- Ro Aio RoulmgHistay �----_. m MamCuslomF�lds , uting Slatus FeeSumma�y drrs�- _- � Peam� Pemrcltyp e a # c � s4a �AspenLandUse a �. .m-._ N A�iess 947 E COOPER AVE _ 81611 State''CO o Cry;ASPEN Permdlnfounalron- Appl�d,0811523 - ---- � Roung queue D Made pem& _w Approved {pending ' z Prged .: m PEZ THE PUD,PREVIOU pWNER WOULD LIKE TO BUILD A SMALLER GARAGE Issued ~ Descrion 18'GARAGE.CURRENT gosedhmal ' BECAUSE THE 11'X18'IS TOO MA51VE TO CONSTRUCT � 0 jLIjes X012014 w w w gock',Runrmg'';Days gamed SETHHMEIOWSKI Submkted via ? Owrra CHRISTDPHERk DYIA 947 OCE OPERA FULLER Frcsl Hama_ ASPEN CO 81611 laslname; --�_.__._e�-- __ Address Phone;(415121 _ —-- Apd�ard Conhacta n aP*8 ? Owner i aocanI? Firstram &LADY CHRISTOPrIER 947 E COOPER AVE Last name FILLER — ` ASPEN CO 81611 _. _. -. - Arens 1 :Gust#,.29580 _--__ PVe l Lend ' Last name° _ --- w� Address ' ,r { ,s E I } > a — ,oMS iseraerl ' 1 d l .« � 4 i i1 it Oil ' OMEN ■11� 0 OR\\\R\OR\R\\\� \ `I������t��.m� sue• m�.mmoo�a�����, .... . : ►���,. si � � p, \R\R\\\RR\RR\\ 1 MINI .ERR\\\\R\\\\�_.\\\����\R\`�oR\\\R\ r N cASLOG 't'O s c901.1.94UMC t+1 a Alir 3'hn �, t6e tO�C 11 Id.s 1Y G, WWI mmenukaurerrihda` td 11 b.0/a .p/s ylf fO•Vl/r 6 C10 +. }� 3 f Ave paseep-y.I aq ie per 20OWD Wbr Wpm 1 1 shamff vie.q a . APECC see 301.4.: 6 sq i.cla choir mq'd sssaaa���f r01'✓�"- n..wemlee.=s=+e.wchw, /.'4 ` w•a 6rq ie ccmb air nq'4 c'(�jfIGJ(, Apo �j' V NOV 1 1997 aeta�0e=9r11e =� I 9k P-46 1-ft cbwt ps,t° eye.e'eee.�eew.s.reats x/30 .. n Vb ^ AW ►uw I vw �\ i I % G Af P�+ _ I n 1 -u to a tig7 11r� u�t�if. I 1 I. Nor r a{f.cv• I .� b I o o - 4. pG . �/p ,IYI•.G'X• I ap .� MT+� S+ob. ® I ffi l•,+� , En n ® S ye T 8 �U _ � � _c 5 nr•sft+r� a`q� ti YGJ 1 M SOt'1v� O p J •� R - N i' y.Y b(A� G 4 — m _ .. .. .. 4: ._..(o�bati4ili : ►umit �. �. r" �� I �,�Irido to a III/1111P ; NAY 904-be�� a 0 b i1 1 f7sN a . ti. o \ I'� J SD a :� oo Ili ice. MK. ao PJDL['� aOvwp 6s?�I .o i ` I 57� I $UFC 110332,4 4►ai 4 �o a4. '� ---- •0.07Lb I h U ry wG wv ki. 5'/S .Ilbl. / tJ, i/, tat' 114 1 11111 l� 13 H B I.bb .M ��I" a I J'son k rrN y.lgt Ndwov Lwu1/ co W Q -r .r � co fly awimed OA44 s"" SD undtt Lwl,ft. I-Ar G2 — G'6 �tp , I. 1. owd C000 t 'rt61'tl i9 I e1J sec lags•to we ac. ,;4► O I o 0 t _' G ue1G { fe1 I�P�- O X41/ 6116W� �,I�j - = rTT- P I ( j _,_ _ ,��i s �s # ;� 6It 15.0 �. is b� u•itl/m. 4�t I wwwrw ,�. h ,u C� b,v+i =co ' I. �I:L �I.00� rL/ss.� vY-I-o. I%I�� � ����L. �1.00� �i.ar•t iY•I-o UI'I°�i� . ����L ��oop. �L,ti�{ iYal'O t ink/ sq. .. R�FRRRNCL FROM 1994 UBC _ .. .. 1 >'B�oY e�+W'd see 310.4 SD=emokadetector q'd sep 310.9.1 RECEIVED SCr—safety 61um8 m9'd rec 240G4 Vaet=vendladon req'd see1203.3 . - - Ourdraila,W min ht,4"mac opening xe SO . FlaadraW tee 1006.9 FEB 1 8 2005 w, 34"-38 ht - — 9tetra,8"msx dae.9"min trod sec 1006 HSrtN BUILDING DEPARTMENT W ] 7 _ G0. �.. fg�Y JAN13 t�9(t W gUdW.....r ABVEHrnrtxW! Vl. '..�� - _ OOMMIWRYt1EVBiy)PNENT.. .. . _ - �.?� ,, i 3 �'�' a a.:: y` -� „moo.- ,_ _ r' .�. ��. r� � '�. i �` �� �'�. ..t � -- _ 1 �r a i� � i �E� •r. �� � ' 1 ,i a �a�� ,,t �� i " r J � . . �� � i . : �, r ', / .� -- I' I r ;41 I i ,� �r � � w � _ - r 1 i ;� i - ,, 1 Your comp�imentary (�P�� use period has ended, .": VomplelO '.lanPDF k you for usfiv Complete.vv'�y C. BARNES CONSTRUCTION GENERAL CONTRACTOR Schedule of Values for: Fuller Residence: Garage Conversion 7/31/2013 Division 1 GENERAL REQUIREMENTS $4,780.00 14.37% Allowance for unknown drainage and 01-130 Contingency waterproofing conditions under carpet. 2,000.00 01-150 Final Cleanup 250.00 01-190 General Laborers Allowance=20 hours @ $35.00/hr. 700.00 01-200 Insurance Allowance for GL&Umbrella 250.00 01-220 Office Administration/Data Entry 4 hours $45.00/hr. 180.00 01-230 Permits&Fees Allowance 1,200.00 01-240 Photographic/Reprographic Documentation 50.00 01-340 Temporary Toilet 150.00 Division 2 SITEWORK $3,450.00 10.37% Allowance to Remove existing cabinets for re-sale,drywall,carpet,O.H. door, interior partition at WC,mech. equipment @ closet,and floor tile at 02-140 Selective Demolition WC=40 man hours @ $60.00/hr. 2,400.00 All items in closet area to e removed 02-220 Moving& Storage by Owner. 0.00 02-290 Site Protection 400.00 02-340 Trash Removal 650.00 Division 3 ICONCRETE $0.00 1 0.00% Division 4 IMASONRY $0.00 1 0.00% Division 5 tVla TALS $150.00 0.45% Head flashing at new 0.H. Door 05-110 hin o enin . 150.00 Division 6 IWOOD& PLASTICS $7,125.00 21.43% Page 1 of 3 PD� Your comp entaly use period has ended. 150.00 Complete Thank you forusing 150.00 PDFComplete. Allowance to install new door and hardware,build closet shelf,and misc. 06-150 Finish Carpentry =20 Man Hours @$60.00/hr. 1,200.00 Allowance=25 Man Hours @ 06-200 Foreman $75.00/hr. 1,875.00 Allowance to re-frame interior partitions and install new header at O.H. door to move to the West=30 06-210 Labor Rough Carpentry man hours @ $60.00/hr. 1,800.00 06-240 Rough Lumber Allowance 450.00 Material and Labor allowance for patch 06-260 Siding and repair at new O.H. Door opening. 1,500.00 06-270 Siding Labor Reflected in 06-260 0.00 Division 7 THERMAUMOIST. PROTECTION $300.00 0.90% Allowance for batt at new partitions 07-100 Batt Insulation and O.H. door opening. 300.00 Division 8 DOORS&WINDOWS $4,250.00 12.78% Allowance for passage with deadbolt 08-100 Door Hardware for new door to Garage 200.00 Material and labor allowance for new door with operator clad to match 08-150 Garage Doors existing. 3,500.00 08-180 1hiterior Doors Allowance for new door to Garage. 550.00 Division 9 FINISHES $7,000.00 21.05% Allowance for patch and repair with 09-110 Drywall Li t Ski Trowel finish. 3,000.00 Allowance for siding touch up and 09-120 Exterior Painting finish on new O.H door. 1,000.00 09-130 Interior Painting Allowance 1,250.00 Material and labor allowance for new floor and wall tile to match existing 09-230 jTile marble at WC. 1,750.00 Division 10 ISPECIALTIES $0.00 Division 11 1EQUIPMENT $0.001 0.00% Page 2 of 3 P�F Your comp entary use period has ended. $0.001 0.00% C0 m p l ete ThanPDFComplete. ' t ° SO.001 0.00/O Division 14 ICONVEYING SYSTEMS SO.001 0.00% Division 15 MECHANICAL $4,700.00 14.13% Material and labor allowance to demo existing humidification system in mech 15-130 HVAC closet and re-work as necessary. 1,500.00 _ Material and labor allowance to re- work plumbing for new toilet location, relocate and replace water filtration 15-150 Plumbing system. 3,200.00 15-180 Water Purification Reflected in 15-150 0.00 Division 16 ELECTRICAL $1,500.00 4.51% Material and Labor allowance for selective demo in existing mech closet 16-100 Electrical-120/240 Volt land to re-work as necessary in Garage. 1,500.00 Subtotal: $33,255.00 Contractor's Fee @ 15% $4,988.25 Subtotal: $38,243.25 P.M. /Owner= $0.00 Total: $38,243.25 Page 3 of 3 Jennifer Phelan From: Matthew Holstein [matthewptholstein @gmail.com] Sent: Tuesday, September 17, 2013 10:10 AM To: Jennifer Phelan; Chip Fuller Subject: Re: Confirmation Yes Jennifer. The process, as well as the remodel expenses are cost prohibitive. We have submitted a permit application to the building department to return the garage to the original dimensions. You may refund any remaining funds to Chip. Sincerely, Matt On Tue, Sep 17, 2013 at 10:02 AM, Jennifer Phelan <iennifer.phelangcityofaspen.com> wrote: Hi Matt: I just got back to the office and wanted to verify that you are withdrawing the application to amend the configuration of the garage and will not seek council approval for he design modification but rather bring the garage back to the original condition. I'll close the case and any unused deposit will be returned. Best regards, Jennifer Jennifer Phelan Deputy Planning Director City of Aspen 970-429-2759 Sent from my iPad Matthew P.T. Holstein matthewptholstein @gmail.com 970 948 6868 [Afwitter "acebook i September 9,2013 To Cit}t of :aspen Planning Dept Matt and Kate Holstein are authonzed to take the lead on the renovation of 947 East Cooper, :aspen CO 31611. Sincerely, Chip Fuller Owner 947 E Cooper The East Cooper Court Condominium Association September 7, 2C 3 PO Box 2021 Aspen CO, 81612 To The City of Aspen, Our association, which includes units 939-943-945-947-949 East Cooper Ave sn pen CO, takes no position and has no objection to any interior work done by unit ow 2rs to their own property (condominium). Sincerely, RECEIVED SEP 0 9 2013 CITY OF ASPEN r J. Maurice Herman COMMUNITY pEVEL4PMENT President- ECCCA THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 20, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0057.2013.ASLU —345 Relay Rd, 947 E. Cooper. As the application notes that the proposal is over the permitted Allowable Floor Area for the house, the increase will need to be memorialized by the City Council and cannot be approved administratively. 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) HOA approval. Due to the nature of this approval, we believe you need approval from the HOA. 2) The drawings submitted need to be to scale and measurable. ❑ 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. T You, JeiyAsnen Phelan, Deputy Director Ci , Communit y Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No4_ Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: LX W— Location AV - 0 0,111 (Indicate street address, lot &block Dumber, legal description where appropriate) Parccl ID#(REQUIRED) Z S APPLICANT: Name: �- Address: Phone#: ��✓ •?i e '���� REPIZESENTATIVE: Name: Address: 2 - Phone#: �✓Z- TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use ExISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) Few 1h f6r--'2 TK l a)� b")I 006 <aO5;r_w �o F_'., L'-> -'t, [I'/19 q4 � �� i r•1 PROPOSAL: (description of proposed buildings,uses,modifications,etc.) z�dw&.-X- [)W&:sz- wtow UW1 Ta fW4 A I-X 11 kit 1 4,1 431 lE To e905 T'2c-fG Have you attached the following? FEES DUE: $ - ❑ Pre-Application Conference Summary ❑ Attachment#1, Signed Fee Agreement ❑ Response to Attachment#3, Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. .2" I q'-2 VEY I e BAAnIlROOM I I I I I I = I I I I f 0 10'-8 1/2' I MELL I I I I I I I I EX15r1m _ BUILT-IN5 I I I I I EXI51% I ENS' k FLIP DN UP 5WING I I MA5TB I 1 I I I I I EX15T1N6 PLANTER x I I I I , # DATE ISSUED FOR FULLER RESIDENCE � 1, RENOVATION �eaa� ��PO�e A1 .0 M ,ma A M 947 COOPER ASPEN,CO 81611 OPTION A August 12, 2014 To City of Aspen: Seth Hmielowski and Z-Group Architects at 411 East Main St, Suite 205, Aspen, CO 81611 (telephone 970-025-1832) are authorized to act on behalf of Christopher Fuller and Lady Fuller in regards to 947 East Cooper, Aspen CO 81611 (telephone 415-218-5511). Sigped on August 12, 2013: o ul r La y Ful er )2t� M 14 d0 '7 a-ota . S LA L4 P-Q..e if 3 317 © o CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams—970.429.2778 DATE: 7.11.13 revised on 8/9113 PROJECT: 947 E. Cooper- Subdivision Amendment REPRESENTATIVE: Seth Hmeiowski, Z Group Architects, 925-1832 OWNERS: Chip and Lady Fuller, chipjfuller @mac.com TYPE OF APPLICATION: Insubstantial Amendment-Subdivision DESCRIPTION: The applicant is interested in reducing the dimensional requirements for a garage located at 947 E. Cooper Street. The subject pro-e�rty, 947 E. Cooper St., Parcel E, is located within the East Cooper Court Condominiums. The garage was converted,J living space a few years ago without proper land use approvals or building permits. East Cooper Court was approved via City Council Ordinance 2, Series of 1995. The subject property is zoned Affordable Housing and is deed restricted RO. The reduction of garage space may increase the allowable floor area of the residence which is capped at 1066 square feet of floor area. The approvals specifying the floor area and parking requirement for this unit are recorded in Pitkin County Clerk and Recorder Plat Book 36, Page 96 and reception #380644 for the Subdivision Improvements Agreement. Existing floor area calculations (according to the current Code) are required to determine whether the project is an insubstantial amendment reviewed by Staff or a substantial amendment reviewed by City Council. If the floor area of the residence, with the small expansion of living space that results from a smaller garage, exceeds the allowable floor area of 1066 square feet, then the request is a substantial amendment that is reviewed by City Council. The pre-application summary dated 7/11/13 describes the process for a substantial amendment. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures +J 1 26.480.080 Amendment to subdivision development order 26.480.080.A Insubstantial Subdivision Amendment 26.575.020 Calculations and Measurements Review by: - Planning Staff - City Council (only if substantial amendment) Public Hearing: Required (only if substantial amendment) Planning Fees: $1300 Deposit for 4 hours of staff time for insubstantial amendment. Additional staff time required is billed at $325/hour Referral Fees: none. Total Deposit: $ 1300. Total Number of Application Copies: 2 for Staff review (insubstantial amendment only) OR 10 for Council review (substantial amendment only) 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. Signed HOA consent letter. 7. Pre-application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 9. Proof of ownership. 10.Existing floor area calculations for the home and proposed floor area calculations. 9. A written description of the proposal and a written explanation of how proposed development complies with the review standards relevant to the development application. 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. Permit No. COMMUNITY •P Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: ' r%o ��- JI I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. [This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: April,2013 of p- 130 • 1 920-5090 / Q'-2 I/8" j I I � I ' I 4 BBM / I I I I I r / I I / 1 >=xI5TIN6 I 101-8 1/2' i wv ►� 3 EX15TIN6 BUILT-IN5 I I ExISTIN6 I / ENS' I / FLIP I DN / 5WIN6 I / / M -I V-2 Or I I I I I I / I EX]5-nwv I I PLANTER I li it I i # DATE ISSUED EDA F U L L E R RESIDENCE RENOVATION m•o Q 947 COOPER A1 .0 ASPEN,CO 81611 OPTION A ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: ate . Applicant: G lP (1.6t2— — 1eF- l Location: -7 ps�rz- Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable:, Existing: Proposcck Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existirro: I 1 �llotiti'able: `f` Proposccl: �o Principal bldg. height: Existing: Alloivable: Proposed: Access. bldg. height: Existing:_ Alloia,able: Proposed.• On-Site parking: Existing:_ Rc dr.rircd: Proposed: % Site coverage: Existing: Required: Proposed: Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposecl: Rear Setback: Existin1(; Reguirecl: Proposed: Combined F/R: Existing: Regadred: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required.• Proposecl: Combined Sides: Existing: Required: Proposecl: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City")and Property Phone No.: Owner("I"): Email: Address of Billing Property: Address: (subject of (send bills here) application) I 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. $ flat fee for $ 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. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for 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 Olryl Community Development Director Name: City Use: Title: Fees Due: $ Received: $ November, 2011 . 1 S. Galena St. J970) 9 1 1 1 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET,SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP&ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently,the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements,covenants,conditions and restrictions.This report does include the results of a search under the names of the property owner(s)in the general index. Liability of Attorneys Title Insurance Agency of Aspen,LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: August 9,2013 Property Address: 947 East Cooper Avenue,Aspen,Colorado 81611. Schedule No: R015207 Parcel No: 273718252005 Taxes: Total taxes for the year 2012 have been paid in full in the amount of. $2,919.60.Taxes for the year 2013, are not yet due or payable. Legal Description: Residential Site E,EAST COOPER COURT CONDOMINIUMS,according to the Condominium Map filed in Plat Book 36 at Page 96,and according to the Condominium Declaration for the East Cooper Court.Condominiums recorded April 19, 1995 in Book 778 at Page 954,and First Amendment recorded August 27, 1996 at Reception No. 396435,Pitkin County,Colorado. Record Owner: Christopher Fuller and Lady Fuller The following liens were found affecting the subject property: Deed of Trust from Christopher Fuller and Lady Fuller,to the Public Trustee of Pitkin County for the use of Vectra Bank Colorado,N.A,to secure the sum of$867,650.00,dated March 30,2011,and recorded April 1,2011,as Reception No.578877. Attorneys itle Insurance Agency of Aspen,LLC By:Winter Van Alst ne, u thorized Officer or Agent TELEPHONE(970) 925-7328 ♦ A A FACSIMILE(970)925-7348 I AAA ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET,Su1TE 202 ASPEN, COLORADO 81611 INVOICE Invoice#: 130803 Invoice Date:August 13,2013 To: From: Christopher&Lady Fuller Attorneys Title Insurance Agency of Aspen,LLC 947 East Cooper Avenue 715 West Main Street,Suite 202 Aspen,Colorado 81611 Aspen,CO 81611 chipjfuller@mac.com 970-925-7328 �-Nt - jig Ownership and Encumbrance Report $100.00 1 $100.00 Fuller—947 East Cooper Avenue,Aspen,Colorado 81611 Subtotal $100.00 Tax @ % $0.00 Non Taxable $0.00 Amt. Grand Total $100.00 Please Remit To: Attorneys Title Insurance Agency of Aspen,LLC 715 West Main Street,Suite 202 Aspen,CO 81611 970-925-7328 Thankyou! TELEPHONE(970)925-7328 A A A FACSIMILE(970) 925-7348 i i 0 M rri 101,1 rri rrml —21d MM e-s T 47 J'N? I r IT Wit V Xi --vs'.1VED AUG 14 2013 CITY OF ASPEN rOMMUNITY DEVELOPMENT 1AM Z-GROUP ARCHITECTS, P.C.1 411 East Main Street, Suite 205 Aspen, Colorado 81611 Telephone 970.925.1832 FAX 970.925.1371 a r c h i t e c t s MEMORANDUM — PROPOSED REQUEST SUMMARY Date: 08.12.13 Subject: Subdivision Amendment Project Name: Fuller Residence Prepared By: Seth Hmielowski Project No.: 1301 Distribution: City of Aspen Comm Dev The original and previous Owner of the Fuller's house illegally converted the garage into a master bedroom closet and also expanded the master bathroom without a building permit. The Fuller's were aware of this issue when they purchased the property and as part of their purchase agreement, they were required to convert the nonconforming space back into a garage. To accompany this agreement, a $25,000 escrow was set up to cover the construction cost of the remodel. However, the Fuller's up until this point were unaware of the magnitude and invasive nature of the modification to convert the space back to the original size garage of 11'x18'. Returning the original garage back to the required size is going to cost over $35,000, additional money the Fuller's do not have and did not expect to have to pay to convert the non-conforming space back. In order to fit the project into the budget set for them when purchasing the house; they are requesting to make the garage 2'-0" narrower. By doing this, it stops the garage construction scope short of having to tear into the Master bedroom and all the finishes, lighting, plumbing and structure, the master bathroom tile and into the ceiling of the bedrooms below to rework plumbing. Per today's Code for calculating square footage, the house as originally designed and PUD approved with the 11'x18' garage is over the total allowable FAR of 1,066 sf now totaling 1,094.5 sf. So converting the house back to its original layout would result in continuing to be a non-conforming structure. The proposed design would add 31.5 square feet of livable square feet for a total of 1,126, which accommodates a legal parking space and keeps the project in the set budget. RECE.IVED AU-G 14 2013 y OF ASPEN -A�U NM OEVELOF ENT CC!��J Z-Group-MEM 8/12/13 � Parcel Detail Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset OuerY I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Matz I GIS Help Basic Building Characteristics I Value Sun-rnary Parcel Detail I Vahie Detai I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs TaY Account Parcel 2012 Mill Area Number Number Property Type Levy 001 RO15207 273718252005 HOUSING 32.325 Primary Owner Name and Address FULLER CHRISTOPHER&LADY 947 E COOPER AVE ASPEN, CO 81611 Additional Owner Detail w ""EIVE AUG 14 2013 Legal Description C;91"Y OF ASPEN TY DfVELOFh'ENT Subdivision:EAST COOPER COURT Unit: E DESC:AKA RESIDENTIAL SITE E Location Physical Address: 947 E COOPER AVE ASPEN Subdivision: IJEAST COOPER COURT i Land Acres: Land Sq Ft: 0 wmw.pitWnassessor.org/assessor/parcel.asp?AccountNumber=R015207 113 pp p BAR PER �! z I� o a Co L:u o Q CHANGES LL ' . co o 0 UPPER FLOOR UPPER FLOOR 631-q5=336 50. FT. 631-q5=536 50. FT. 2 P DECK DEGK 64 50 FT (EXEMPT) 64 50 FT (EXEMPT) MAIN FLOOR MAIN FLOOR 438.5 50 FT 410 50 FT W 6ARAH 6ARA6E 241.5 50. FT. 20q 50. FT. Z W (EXEMPT) (EXEMPT) o W BASEMENT 680 X 18.1% = I20 50. FT. BAHMENT 680 X 18.7% = 120 50. FT. Z W O J Q J O w p a U Z OVW W , c- TOTAL IOg4.5 50. FT. TOTAL 1126 50. FT. RIFF. 31.5 50. FT. 0 _ � b b � 34'-0' � � D Oe m V-5 VT 34'-0' 4W 15'-6 1/2' 113112• AUG 14 2013 CITY OF ASPEN o CCMMUNR DEVELOPMENT b DATE ISSUED FOR FULLER RESIDENCE RENOVATION D.W°gc Alel oaw y rm. 947 COOPER ASPEN,CO 81611 FAA DIAGRAM r COMPLETE •N COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. gnatu item 4 if Restricted Delivery is desired. �f ❑Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B.??�� iv b Printed e) C. D to f Deliv • Attach this card to the back of the mailpiece, //� or on the front if space permits. D. Is delivery address diff from item i? ❑Yes 1. Article Addressed to: If Y ,enter delivery address below: ❑No CHRISTOPHER FULLER 947 E. COOPER ST 3. s Ice ype ASPEN, CO 81611 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service la! 91 7199 9991 7 0 3 0 0783 4 PS Form 3811,February 2.0.�4V i ;,florirvst�� Receipt _: p CITY OF ASPEN 6 COMMUNITY DEVELOPMENT DEPARTMENT WCORRECTION NOTICE ❑ STOP WORK ORDER Job Located at c UU ',�- �'s rllfl- I have this day inspected this structure and these premises and have found the following violations of City and/or Colorado State laws governing same: V1 A(A VIM Lk 2 .4411 S ��' i��C2 Correct By J �� ! (30 days from the date of notice.) Photos Taken: Yes unless otherwise noted. You are hereby notified that no more work may be done upon the premises until above violations are corrected- Failure to correct the violations within thirty(30)days may subject you to a civil suit for an injunction, or a fine, or both: or to a misdemeanor criminal prosecution, which upon conviction may carry a sentence, or fine, or imprisonment, or both. Please contact the Department immediately 'to assure timely correAion. �. -r'/ Ox, -z rv3--_._. Date Inspector for Community Development Department Community Development Department Phone: 920-5090 DO NOT REMOVE THIS TAG Christopher and Lady Fuller _ 947 E. Cooper Street Aspen, CO 81611 chipifuller @mac.com July 15, 2013 THE CITY OF ASPEN Re: Conversion of living space to garage at 947 E. Cooper St. Dear Chip,_ The conversion of garage to living space that occurred prior to your purchase of 947 E. Cooper St., Lot E of the East Cooper Court Subdivision, did not receive land use approval or a building permit. The action violated zoning requirements by removing an onsite parking space and may have violated other restrictions by exceeding the allowable floor area. Construction without a building permit is also in violation of the municipalcodes. Prior W your purchase of the unit from Chris Hewitt, this violation was brought to the attention of both Mr. Hewitt and the Aspen/Pitkin County Housing Authority. It was decided I that a $25,000 escrow fund be established to provide the future owner (yourself and Lady Fuller) with funds to convert the living space into garage. Based on your email dated, July 3, 2013, you are aware of the illegal conversion but have not performed the required corrections. Due to the zoning violation described above, the living space is required to be converted into a garage or a land use approval is required to legalize the space. This letter accompanies a correction notice that provides you with,2 options and a timeline to correct this situation. 1) Convert the space: a. 30 days from receipt of-this letter submit a building permit to convert the living space into garage. b. 180 days from receipt of building permit receive a certificate of occupancy for the conversion. 2) Request approval to legalize the space: a. 30 days from receipt of this letter submit a land use application to amend the subdivision approval to increase floor area and reduce the parking requirement. A pre-application summary is attached that outlines the land use application requirements. The fee for the application is $4,550 and requires review by City Council. The Community Develop ment•Office makes no representation as to the likelihood of success regarding a land use application presented to Council. Please contact me if you have any questions about how to proceed. Failure to meet the deadlines described above will result in a citation to municipal court. .130 SOUTH GALENA STREET A$PEN,COLORADO 81611-1975 PHONE 970.920.5000• FAX 970.920.5197 , www.aspengov.com Printed on Recycled Paper - Sincerely, Sara Adams Senior Planner Community Development Department 970/429-2778 Sara.adams @cityofaspen.com Cc: James R. True, City Attorney Cindy Christensen, APCHA Stephen Kanipe, Chief Building Official Encl: Correction Notice Pre-application Summary for land use application CITY OF ASPEN ! PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams—970.429.2778 DATE: 7.11.13 i PROJECT: 947 E. Cooper- Subdivision Amendment REPRESENTATIVE: Chip and Lady Fuller, chipjfuller @mac.com TYPE OF APPLICATION: Subdivision, Other Amendment DESCRIPTION: The applicant is interested in legalizing the conversion of garage to living space which occurred a few years ago without proper land use approvals or building permits. The subject property, 947 E. Cooper St., Parcel E, is located within the East Cooper Court Condominiums. East Cooper Court was approved via City Council Ordinance 2, Series of 1995. The property is zoned Affordable Housing and is deed restricted R0. The j applicant requests approval to increase the allowable floor area of the residence and to reduce the onsite parking requirement. The approvals specifying the floor area and parking requirement for this unit are recorded in Pitkin County Clerk and Recorder Plat Book 36, Page 96 and reception # 380644 for the Subdivision Improvements Agreement. The Applicant will need to submit a Land Use Application requesting an Amendment to the Subdivision Development Order. This type of amendment, an Other amendment, is a one step review before City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480 Subdivision 26.480.080 Amendment to subdivision development order Review by: - Planning Staff for compliance/completeness - City Council Public Hearing: Required Planning Fees: $4550 Deposit for 14 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees: none. Total Deposit: $ 4550. Total Number of Application Copies: Ten (10) for Council 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. i 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 i I 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. I 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. i 8. Proof of ownership. 9. A written description of the proposal and a written explanation of how proposed development complies with the review standards relevant to the development application. 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. I i I i i I e•►.nir�.r�►ir:n i U.S.POSTAGE,)PITNEY BOWES i / • r ZIP 81611 004.81 02 1YV THE CITY OF ASPEN '' 2kT�. 0001377893 JUL 15 2013 130 SOUTH GALENA STREET 91 7199 9991 7 0 3 0 0783 4 5 9 2 ASPEN,COLORADO 81611-1975 600�v ®Printed On Recycled Paper Gmail - 947 E Cooper Page 1 of 1 Community Development< planneroftheday @gmail.com> 947 E Cooper 1 message ..._____...._.._..... ............_........___.._.. Chip Fuller< chipjfuller @mac.com> Wed, Jul 3, 2013 at 12:41 PM To: planneroftheday @gmail.com Cc: chris.bendon @cityofaspen.com Cindy Christensen suggested that I contact Community Development regarding the following issue. My wife and I are selling 947 E Cooper, an RO house in Aspen. The previous owner converted the existing garage to more usable living space, without city approval. When we bought the house, the city required that the seller put aside $25,000 in escrow which would be his penalty for making the change and would provide us with funds to do the conversion back to a garage. We decided that we were happier using the space as living space instead of as a car garage so we never did the conversion. The conversion is expensive and would shrink the livable space in an already small house, resulting in a decreased master bathroom, no master bedroom closet and significantly less finished first floor living and storage space. It has been our experience that the parking behind the house is very sufficient and the current configuration provides a much more usable and pleasant home. We also feel that this is a downtown core house (an area with a shrinking full time local population presence) and therefore it would be ideal to have more usable space for people, not cars, but the ultimate decision is up to Community Development. I would like to see if the Community Development Department would be OK with keeping the space as living space instead of converting the space back into a garage. Let me know if you have any questions or would like to see the space. '1 Thanks, Chip ~ - Chip Fuller email: chipjfuller @mac.com mobile: (415) 218-5511 W1 VAi U, 10 ?P11A � loo JA https://mail.google.com/mail/u/0/?ui=2&ik=9ea0f60d2e&view=pt&search=inbox&th=13 fa... 7/8/2013 L"TweLAND TITLE GUARANTEE COMPANY 533 E HOPK1M#102 ASPEN,CO 81611 Phone: 970-925-1678 STATEMENT OF SETTLEMENT -- Fax: 800-318-SM02 "SELLERS" W WW.I7 QC.CCM PROPERTY ADDRESS: 947 EAST COOPER AVENUE#E ASPEN CO 81611 LG SELLER(S): CHRISTOPHER B.HEWETT J i BUYER(S): CHRISTOPHER FULLER AND LADY FULLER !tom{ SETTLEMENT DATE: March 30,2011 DATE OF PRORATION: March 30,2011 (f ITEM DESCRIPTION Debit Credit Sales Price 1..1.2...3.?..,.5. 00.00 Payoff to WELLS FARGO BANK 7 8 95 Payoff,to WELLS FARGO 118,750 00 Payoff to WELLS FARGO ,... ...... 131,250 00 Payoff to STURROCK CAPITAL LLC X517,202 69....................• ........ ................................... ... ... .... .. ... Courier Fees 40.00 Title Insurance ALTA Owner's Policy LAND TITLE GUARANTEE COMPANY 2x519 00 .......... ................•...•....................................•...._...............................,... . .. Endorsement Deletion of Standatd ExcPs......•............................... ..............-...._..............., ... ......... 50 QO Record Release 26.00 Release Trac{dng Fee LAND TITLE GUARANTEE COMPANY 100.00 188 Prior Year Property Taxes 8015209 2010 TAXES DUE.•............................. ?x24...:. .... ..................•.....,...........- ...,... Currem Taxes R015207 O1/01!11 to 03/30/ii $..6.....1 421/daY.. . .. ...._.. ... 540.50 Closurg Fee„LAND TITLE GUARANTEE COMPANY ............................. ...- ,.. ....... 262 50 Ptepaid.HOA Dues 03-30 to 03-31. n�8 3333,FAST ........ ..... ......... COOPER COURT CONDOMINIUNI5 8.33 FINAL WATER BILL-CITY OF ASPEN 122,36 SANITATION DUE 94.45 ESCROW FOR AGE NVER GAR COSION 25,000.00 ESCROW FEE 50.00 1%,SALES FEE TO APCIIA 12 39500 KA PAINTING LTD 5,515.00 1,239,508 33....•.., ,. 1,239,508.33 ...._.. . .•........ ...... Totals „ .1.239•,508 330 1,239,508.33 ---sue The above figures do not include sales or use taxes on property APPROVED AND ACCEPTED S REAL ESTATE BROKER: CHPJSTOPHEk B.HEWETT ASPEN LAND C PANY LLC LAC T CLOSING AGENT: KA KAS Form 13348 06/2008 Itg2.dt Q62003904 {11219523} Cind y Clhdstensen From= Leslie Boyer <Iboyer @ltgc.com> Sent Tuesday,July 02, 2013 2:21 PM ro: Cindy Christensen su4e-ct: Re:Closing on a property known as 947 East Cooper Court ft was pai d out to Christopher and Lady Fuller on April 4, 2011 and cleared our bank on April 14, 2011. Leslie H. Boyer licensed Closing Agent Land Title Guarantee Co. 533 East Hopkins Avenue, #102 Aspe n,CO 81611 970-925-1678 B00-318-8202 efax n er l# c.Cam- On Tue,Jul 2,2013 at 2:17 PM, Cindy Christensen<cind .christensen r�cit yofaspenxom> wrote: There was a closing on March 30, 2011 for this property between Christopher Hewett(Seller) and Christopher & Lady Fuller(Buyer). There was $25,000 put into escrow to put a required garage back in. The Fuller's are now trying to sell and say that parking is in the alley. I have not double checked to see about the garage, as I thought I would check with you first. Kate was the one that handled this closing. The number is Q62003904. Can you tell me, or someone else there tell me, what happened with this$25,000? Cindy Christensen Operations Manager Aspen/Pitkin County Housing Authority 970-920-54551 Fax 970-920-5580 cindy.christensen .citvofaspen.com www.asPenhousi2goffice.corn 4 A A z fur + ..05 T*AP►IC Lit"t 91" PANXIC, LANT LANY i6 r is 0 wy II =47 3 A: A A z fur + ..05 1 04/tt/05 SfM DEVELOPMENT PLAN EAST COOPER COURT rat aws 939 EAST COOPER JAKE VICKERY ARCHITECTS 100 SOUTH SPRING STREET#3 ASPEN, COLORADO ASPEN.CO 81611 970 925-3060 60MOM 120 JAU V0(!V='F ARM")C" i6 r is wy II 1 04/tt/05 SfM DEVELOPMENT PLAN EAST COOPER COURT rat aws 939 EAST COOPER JAKE VICKERY ARCHITECTS 100 SOUTH SPRING STREET#3 ASPEN, COLORADO ASPEN.CO 81611 970 925-3060 60MOM 120 JAU V0(!V='F ARM")C" i6 r wy II =47 1 04/tt/05 SfM DEVELOPMENT PLAN EAST COOPER COURT rat aws 939 EAST COOPER JAKE VICKERY ARCHITECTS 100 SOUTH SPRING STREET#3 ASPEN, COLORADO ASPEN.CO 81611 970 925-3060 60MOM 120 JAU V0(!V='F ARM")C" Ik B-7'7l 1LL... 106 03/24/95 4/95 ill.x_31" PG 1 033 1:Ilk E C DOC SILVIA DAVIS PI-rKIN COLjNTY CLERK & 40. 00 ORDINANCE N0. 2 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A. SUBDIVISION, MAP AMENDMENT, GMQS EXEMPTION AND VESTED RIGHTS STATUS FOR THE DEVELOPMENT OF 2 AFFORDABLE HOUSING UNITS AND 2 FREE MARKET UNITS ON LOT A, BLOCK 37 AND 75' X 100' OF VACATED CLEVELAND STREET, EAST ASPEN ADDITION TO THE. CITY OF ASPEN, 939 EAST COOPER AVENUE (EAST COOPER COURT) , ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the applicants, Darnell and Bob Langley, have submitted an application to subdivide their property, 939 East Cooper, and rezone the newly created parcel (Parcel 2) from Residential Multi-Family (R/MF) to Affordable Housing (AH) ; and WHEREAS, the applicants, also request a GMQS Exemption for the development of housing in the AH zone district and vested property rights; and WHEREAS, the applicants, also request special review for the establishment of open space and parking as required in the AH zone district; and WHEREAS, the Planning and Zoning Commission (Commission) reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct a public hearing thereon on November 22 , 1994, and again on December 6, 1994; and WHEREAS, upon review and consideration of the special review standards for parking and open space and standards as contained in Chapter 24 of the Municipal Code, to wit, Division 4 of Article 7 (Special Review) , the Commission approved the special reviews for this development establishing 5 on-site parking spaces and approximately 0% of the site as open space as defined in the 1 3E30006 B--777 P-1.07 Qi: +/93 02- Municipal Code; and WHEREAS, upon review and consideration of the application for rezoning, subdivision, and GMQS Exemption, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 10 of Article 7 (Subdivision) , Division 11 of Article 7 (Amendments to the Official Map) and Article 8 (GMQS) , the Planning and Zoning Commission has recommended approval of the East Cooper Court development application subject to amended conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the rezoning and subdivision under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council, at first reading of the ordinance, recommended several changes to the proposed development such as, conformance with side yard setback requirements, restudy the historic barn orientation to the alley to provide more room between the homes on the affordable housing parcel, reduce the massing of the buildings on the site, reconsider the mix of free market and deed restricted units, and explore a duplex configuration for the homes on the affordable housing parcel; and WHEREAS, the applicants have revised the submitted site plan and the affordable housing proposal in an effort to address 2 38000EN B--777 F.'_•_1 O8 03/24/95 L7.1:.-2,3F-*1 PG 3 OF 6 concerns expressed by Council; and w.. WHEREAS, the City Council finds that the rezoning and subdivision meets or exceeds all applicable development standards and that the approval of the rezoning, subdivision and GMQS Exemption, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare.' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1• That it does hereby grant a subdivision and rezoning of 939 East Cooper Avenue (East Cooper Court) , Lot A, Block 37 and 75 ' X 100' of vacated Cleveland Street, East Aspen Addition to the City of Aspen, Aspen Colorado. Section 2• Pursuant to Sections 24-7-1001 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision: 1 . The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. Section 3: Pursuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision approval for the East Cooper Court project subject to the following conditions: 1. Any costs for new public services that must be installed or upgraded shall be borne by the applicant on a partial or full basis depending upon the specific agency' s requirements. 2. Prior to the issuance of any building permits, the applicant t 3 380006 8--777 P-109 03/;::14/1-)S 02-.23P 23P FN.3 4 OF=' B shall submit a subdivision plat and Subdivision Improvement Agreement in accordance with section 24-7-1004.0. and D. of the Aspen Municipal Code for review by the Engineering and Community Development Departments and the City Attorney. The final subdivision plat and agreement must be filed within 180 days of final approval or subdivision approval is void. 3 . The Subdivision agreement shall include the following: a. language to the effect that preserves and maintains the central courtyard on Parcel 1 as required open space for the entire East Cooper Court Subdivision; b. letters from all of the utilities that they have inspected and approved the final development plan; c. restrictions against future installation of fireplaces and woodstoves; d. a fugitive dust control plan, to be reviewed and approved by the Environmental Health Department; and e. a bond for the value of the tree in the northwest corner that is to be relocated and language to the effect that the bond shall be in place for five years to confirm the tree's survival. Y 4 . The final Subdivision plat and plan shall include the following: a. all transformer and utility easements; b. a detailed drawing of the area for all service/trash and recycling areas; c. a 5 foot wide sidewalk shall be located adjacent to the property line with a 5 foot buffer space between the sidewalk and the future curb and gutter; and d. a detailed landscape plan approved by the Parks Department. 5. A11 existing water service lines and all new water service connections to this property shall be connected to the 16- inch water main located in East Cooper. 6. Prior to the issuance of any building permits: a. tree removal permits from the Parks Department shall be required for the removal of any trees 6" in caliper 4 i I i 380006 B •777 r-110 03/2'4/95 02:23P PG 5 OF 8 .................------------__.......... or greater and any trees proposed to be saved shall be protected during construction, including. no digging or over digging within the drip line; b. the applicant shall enter into an agreement with the Engineering Department to construct curb and gutter in the future; C. the applicant shall pay all application water and sewer tap fees; and d. the applicant shall file the appropriate deed restrictions with the Housing office for the deed restricted dwelling units on Parcel 2 . 7. Any irrigation system that is installed shall be in compliance with the Water Conservation Code. 8. As required in section 24-7-1004 C.4. f, the applicant shall maintain the historic runoff patterns that are found on the site and shall correct any runoff or erosion problems that currently exist on the site. 9. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. 10. At the completion of each phase of the work, the applicant shall submit a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado Revised Statutes. 11. Prior to issuance of Certificates of occupancy for the various phases of the project, the applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements, and all other work located within the public rights-of-way, showing horizontal and vertical locations within 1 foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within the rights-of-way. The as-built shall be signed and stamped by a registered professional engineer. The as-built shall also be provided to the City on a disk in a dxf file compatible with the City GIS ArcInf o software system. 12 . All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways will be low to the ground (approximately 31 in height) and shielded. ta& 13. All work in the alley and public right-of-way shall require V5 380006 1L-777 x'__111 03/24/95 02: :,3G PB or 8 a permit from the Streets Department. .,_ 14. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 15. The subdivision of 939 East Cooper is contingent upon the applicant successfully receiving historic landmark designation for the entire property, both Parcels 1 ,& 2 . 16. All light and access/egress wells shall be kept free of snow accumulation. . 17. The applicant shall continue to restudy Unit E to create more space between Units A & D of the Langley subdivision and the Villager apartment building to the east. Section 4: That it does hereby grant a rezoning for Parcel 2 of 939 East Cooper Avenue, Lot A, Block 37 and 75 ' X 100 ' of Cleveland Street, East Aspen Addition to the City of Aspen, Aspen Colorado from residential multi-family (R/MF) to affordable housing (AH) with the following condition: 1. The rezoning of Parcel 2 of 939 East Cooper is contingent upon the applicant successfully receiving historic landmark designation for the entire property, both Parcels 1 & 2 : Section 5: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 4 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 6: Pursuant to Section 24-8-104 of the Municipal Code, the City Council does hereby grant a GMQS Exemption for Parcel 2 for the development of 2 affordable dwelling units, one Resident Occupied and one Category 3 . The applicant shall file the appropriate deed restrictions for the deed restricted units. City Council also grants a GMQS Exemption for one free market unit for Parcel 2 . Section 7: All material representations and commitments made by the developer pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning `� 6 3800 06 B-777 IF-112. 0 / 4/93 02.23P PG 7 OF 6 Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 8: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the East Cooper Court development subdivision as follows: 1. The rights granted - by the site specific development plan approved by this Ordinance shall remain vested for three (3) - - - -years from -the - date -0f- final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2 . The approval granted hereby shall be subject to all rights of referendum and judicial review. 3 . Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent AML reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 9• 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 conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion 7 38171006 S--777 P--113 03/x-'4/95 02:23P IDG 8 0F" 8 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 11• The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given 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 pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 12: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 13: ''a.. A public hearing on the Ordinance shall be held on the.IZ-o 1995 at 5: 00 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, y the City Council of the City of pen on the E'??Z--- day of 1995. (': -�� John ennett, Mayor A s • Kathryn Koch, City Cler FINALLY, adopted, passed and approved this a-94- day of 1995. John BAnnett, Mayor AM st• Kathryn S. Koch, City Cle �. 8