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Home My WebLink AboutLand Use Case.1409 Crystal Lake Rd.0054.2013.ASU0054.2013.ASLU 1409 CRySTAL LAKE ROAD 2737 1814 6009 8040 GREENLINE/ FINAL PUD \1~1 Â«tjfl_Â»hOE â‚¬4 -10-Jk D j U 11 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0054.2013.ASLU PARCEL ID NUMBERS 2737 18146 009 PROJECTS ADDRESS 1409 CRYATAL LAKE ROAD PLANNER SARA NADOLNY CASE DESCRIPTION ESA- 8040 GREELINE - FINAL PUD REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 4.30.14 CLOSED BY ANGELA SCOREY ON: 4.30.14 016 20/7 4 22-j o puu=_--Â»i- ROLL? P itt 34r_ trit_Â·_r' 84564 1 ffhimu -.61 1 .AÂ·L- -- _LL=m:- r-14*46.-*6 =*- 2~L4-- Elle Edit Record Navigate Fgm Reports Format Iab Melp % b ~ @ 9 IX )% U 4 '4 i gi 04 il~4 Â· I Ny 1 2 40 f] 1% lump 1 + 4 : 0 9 -4- , , 4,4 4 V : . /714 rh *22Â®2%20 * i@3942 9 V V ~ IMain|Custom Fields RojÂ©Status FeeSummae PActions RoutingListow | Â·~ Permit Ippe 8SIU ~Aspen Land Use Permit It 0054,2013.ASLU I Addess ~1409 CRYSTAL LAKE RD 1 Apl/Suite~ OW ~ASPEN State CO Zip ~ 81 611 Permit Irtormation Master pelmit Routing queue aslu07 ' Applied ' 08/05/2013 Ploject 4 Status lpending ~ Appmved ~ C Description ESA-8040 GREENUNE, FINAL PUD, 1 Issued ~ Closed/Final 1 1 Subm~tted:STEEV WILSON 279-4109 Clock Runn~ng i Da~$ 43 Exples ~07/31/2014 ~ Submitted via i Ownef Last name BIL TRUST First name i I !1409 CRYSTAL LAKE RD D IASPEN CO 81611 Phone [469) 587Â·5223 5 Address i ; Applicant E Owner b applicant? Il COntactor k appicant? Last name WILSON First name STEEV 117 SOUTH SPRING ST 1202 Phone 19701 274Â·4109 ;Cust It i29461 Address 'ASPEN 0081 611 Lender Last name Fist name I Phonel )Â· Address â‚¬494 fem 4 4 + Â¢46 . ~ sa,0 N No!nog i xogioo 1 ~ -19 1 DEVELOPMENT ORDER ofthe City of Aspen Community Deve lopment 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 ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. BCL Trust, 1707 Marketplace Blvd, Ste 250. Irving, TX 75063 Property ()wner's Name, Mailing Address Lot 9, Gordon/Callahan Subdivision/PUD, City and Townsite of Aspen, County of Pitkin, State of Colorado; commonly known as ]409 Crystal Lake Rd. Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to shift the building improvement envelope to fit the existing development within its boundaries, and to reconfigure the patio restriction envelope such that the envelope will be split between the west and northern sides of the building improvement envelope. Neither envelope will increase in size as a result of this approval. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of Insubstantial Amendment to the Subdivision Development Order, Insubstantial Amendment of PUD Development Order, and Stream Margin Review Exemption; received September 30,2013. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 108.2013 Effective Date of Development Order (Same as date oj publication ofnotice of approval.) October 11 1 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 29th day of September, 2013, by the City of Aspen Community Development Director. ({4 Ftt Chris Bendon, Community Development Director RECEPTION#: 604645, 10/10/2013 at 9:21 PM, .- 6, R $36.00 Doc Code NOTICE Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPRG Â¥ r-11= For an Insubstantial Amendment to the Subdivision Development Order, Insubstantial Amendment of PUD Development Order, and Stream Margin Exemption Review Legal Description: Lot 9, Gordon/Callahan Resubdivision, A Parcel of Land Situated in Section 18, Township 10 South, Range 84 West, 6 P.M., City and Townsite of Aspen, County of Pitkin, State of Colorado Parcel ID No.: 2737-181-46-009 APPLICANT: BCL Trust 1707 Marketplace Blvd, Ste 250 Irving, TX 75063 SUBJECT & SITE OF AMENDMENT: 1409 Crystal Lake Rd. SUMMARY: The applicant is requesting an Insubstantial Amendment to the Subdivision and PUD development orders to adjust the building improvement envelope on the subject site in such a way as to encompass the existing single family residence. Currently a portion of the existing development falls outside of the approved building improvement envelope. No additional square footage is being requested with this building improvement envelope adjustment. The applicant is further requesting an Insubstantial Amendment to the Subdivision and PUD development orders as well as a Stream Margin Review exemption to allow a reconfiguration of the existing patio restriction envelope on the subject site. Again, no additional square footage is being requested for the proposed patio restriction envelope; however it is proposed to be split between two locations on the site, adjacent to the building improvement envelope. BACKGROUND: This property is located in the Rural Residential (RR) zone district. The site is Lot 9 of the Gordon Callahan Resubdivision, and is subject to a PUD overlay. This is the only property within the subdivision that is zoned as such, with the remaining properties in the subdivision zoned as R-15 PUD. The Gordon Callahan Resubdivision was formed in 1990 via Ordinance 41 when an agreement was made between the adjacent Gordon and Callahan Subdivisions to combine Lots 8 and 9 of the Callahan Subdivision with Lot 2 of the Gordon Subdivision. The lots were all reconfigured to form five new developable lots with a PUD overlay. Four accessory dwelling units were constructed on four of the lots to serve as mitigation for Growth Management Quota System requirements. In 1993 the City Council granted a rezoning of the subject site from R-15 PUD to RR PUD, a substantial amendment to the final PUD/Subdivision plan, and vested rights for the subject site via Ordinance No. 23. The substantial amendment included the combination of 4 single family lots of the Gordon/Callahan PUD/Subdivision into one single 104,544 sq. ft. lot and a lot line adjustment between lots 8 and 9. A permanent trail easement was dedicated for pedestrians and 1 bikes across a portion o f the newly created property. Development on the property was restricted to a single family home of no larger than 8.500 sq. ft. of allowable floor area, and a modification of the building envelopment was done for the site. One of the four previously approved accessory dwelling units was to be retained on the parcel, and a vacation of the 30' access and utility easement was granted. CURRENT PROPOSAL: The applicant proposes a correction to the current building improvement envelope on the site that will shift the envelope to encompass the existing development. There are portions of existing development that are set outside of the building improvement envelope, and the applicant has proposed to shift this in such a way that will enable the existing development to fit within the proposed envelope without the request of additional square footage (see Exhibit A). The building improvement envelope is 11,040 sq. ft. in size. The applicant is also requesting a change to the existing patio restriction envelope. The current patio restriction envelope is located on the eastern and southern sides of residence, outside of the building improvement envelope, and is a continuous envelope. The applicant is requesting permission to remove a portion of the existing patio restriction envelope, pulling this back from the river side by approximately three additional feet, and replacing the removed portion of envelope (856.25 sq. ft.) on the northern end of the residence, outside of the building improvement envelope. The newly proposed envelopes are shown in Exhibit B. REVIEW PROCEDURE: â€¢ Insubstantial Amendment to Subdivision Development Order may be approved by the Community Development Director, pursuant to Land Use Code Section 26.480.080.1 Insubstantial Amendment. â€¢ Insubstantial PUD Amendment may be approved by the Community Development Director, pursuant to Land Use Code Section 26.445.100.A, PUD Insubstantial Amendments. â€¢ Stream Margin Review Exemption may be approved by the Community Development Director, pursuant to Land Use Code Section 26.435.040.B, Exemptions. STAFF EVALUATION: Staff has reviewed the applicant's request against the three aforementioned review criteria, and has found the proposal to meet all of the necessary reviews. 1. Amendment to Subdivision Development Order. The proposed application must be found to be either a technical or engineering error, or a minor change to the plat that is found to have no effect on the conditions and representation limiting the approved plat. In this case Staff has found that the proposed shift to the building improvement envelope and the redistribution of the patio restriction envelope represents a minor change to the plat that will have no effect on the original approval. Altering the shape of the building improvement envelope serves to capture the portions of the existing building that is currently found outside of this envelope. The shape of the envelope is not drastically different from what currently exists and furthermore this will capture all of the portions of the existing building that currently overhang this envelope. The proposed building improvement envelope is the same size as the existing envelope. 2 The redistribution of the patio restriction envelope into two separate locations around the building improvement envelope is seen as a minor change to the plat, as again the applicant proposes no increase in square footage for this envelope. The applicant is proposing to remove 856.25 sq. ft. from the current southwestern location and replace this on the northern side of the building improvement envelope. The use of the patio restriction envelope will remain limited to patios and related exterior improvements, specifically listed as planters, hot tubs, lap pool barbeques and stairs. According to the Gordon/Callahan Subdivision/PUD guidelines, these envelopes were created with the intent of helping to maintain a meadow-like feel around the PUD, and to preserve the river front in a more natural setting by preventing a line of development in close proximity to the river. The reconfiguration of the patio restriction envelope does not interfere with these development principals, and in fact removes the development farther away from the river than exists currently. Staff finds this criterion to be met with the applicant's proposal. 2. Insubstantial Amendment of PUD Development Order. There are nine criteria that must be met in order for an application to qualify for an insubstantial PUD amendment. This application meets the criteria in the following ways: â€¢ The proposed shift to the building improvement envelope and reconfiguration of the patio restriction envelope do not change the use or character of the development. The site will continue to be used as single family residential; â€¢ There will be no increase in the overall coverage of structures on the land; â€¢ There will be no increase to trip generation rates or demand on public facilities; â€¢ There is no reduction in the percentage of open space as a result of this proposal; â€¢ There are no changes to the off-street parking proposed; â€¢ There are no proposed changes to pavement widths or right-of-ways for streets and easements; â€¢ This is a residential property, therefore criteria related to a change in gross leasable floor area of commercial buildings does not apply; â€¢ There are no changes in density on the parcel being proposed; and â€¢ Staff finds this proposal to remain consistent with the representations of the Gordon/Callahan Subdivision/PUD approval. Staff has found this application to meet all of the requirements of an insubstantial amendment to the Gordon/Callahan Subdivision/PUD. 3. Stream Margin Review Exemption. The request to restructure the patio restriction envelope is required to go through the process of Stream Margin Review due to the proximity of the development to the high water line of the Roaring Fork River. Furthermore, Section 7 of Ordinance 41, Series of 1990 requires that any disturbance of vegetation, other than what has been approved, must undergo Stream Margin Review. Staff finds this application to be eligible for an exemption to the full Stream Margin Review, and has met the criteria in the following ways: 3 â€¢ There are no structures being created (such as bridges, bank stabilization. public trails, etc.) that require review by the City Engineer: â€¢ There are no improvements proposed or necessary in regards to this application that are essential for public health and safety; â€¢ The application does not involved adding floor area to the existing structure; â€¢ The application does not propose the removal of any trees to accommodate the shift in the building improvement envelope and reconfiguration of the patio restriction envelope; â€¢ The shift in the building improvement envelope is being proposed to correct current conditions where the existing building is not contained by the existing building improvement envelope; â€¢ The size of each envelope will be maintained; and â€¢ The proposed changes to the envelopes will not cause any portion of the development to be closer to the river; in fact, the proposed changes to the patio restriction envelope will cause the development to located further away from the river than is found presently. Staff finds the application to meet all of the necessary criteria for Stream Margin Review Exemption, and recognizes that the proposal actually improves the distance of the development to the Roaring Fork River. Upon approval, the applicant is required to update and record the Gordon/Callahan Subdivision PUD plat reflecting the changes to the envelopes. DECISION: The Community Development Director finds the administrative application for an Insubstantial Amendment to the Subdivision Development Order, an Insubstantial PUD Amendment, and Stream Margin Review Exemption, as noted above, to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request, with a condition. APPROVED BY: dot- 1 go Pp Chris Bendon, Community Development Director Date Attachments: Exhibit A: Envelope Plan (Recorded) Exhibit B: Updated Envelopes (Recorded) Exhibit C: Review Criteria/Staff Findings (In file) Exhibit D: Application (In file) 4 Eickihit R . 1 j FORUM PHI 715 We,IM,i/51,0/ Suilc 204 .// Ill .pen Coloia..611 I .3970) 27/4157 F:(066) 770.568S 4/ 1 1 1409 CRYSTAL LAKE / 3- / ICL TRUST %- S 1409 Crysial Lake Road --Â«03\.il il ~-~Â· - h..com11 \ , 111 i , \\\ - / I. lu, ./ 1 1 1 1 <=-4177-7- -1 ~ ~ ~ - , /-1 rblp_ 3-#: i 1 1 f 4.. , i. / I. .. .. 'W -'%' , .4 / 1 1,1/1 1 1 1 /./. \ A..-Â£0+Nw,~~*u.-GaUIL[JING~~_--. ---31 4 \ " / /. # 09.'., / / AA 1 1.1,W / I \\\ ; CONSULTANTS '/1 iii' ............8 SURVEYOR \ i V /// /// ~. / 727 Blake Av~ue . Glenwl../.8.CO 81601 -71-Â·Â·11 ~ % Â·. P (974 928 9708 j - . F (070*1 D007 1 / 1111 --------i -= 1~.~1~' ~ J~ CIVIL. High Coun' El'llee,Ing '517 Grand Avenul Suit' 101 'wood .p'lloindo 81801 4 mel]@holllim , M.* J p (97..... / 1 1 --1Â» MECHANICAL \ 11 ~'1 1 RAH Michlcanical 111 1 10 i 11 i '~~~'W--.. ~ IIi ....,0,0,0825/ Chamber.Ave Eaole,0081631 111 1 212,}4~8 P /7/ .8 269@ 1 \11 1 F ...... l. luff#-i-341:-- 0 ---~ STRUCTURAL . Evolve St,~,Diurat Oe,Ign Ca,bondâ€¢le, CO &1623 /\ 65 N 4- S~eet. Sle 5 (870)018 7708 ---- L- -Uu,loom CONTRACTOR , Sluve Srnllh Con,Uu~Bon I 1. West M.1...1 i A,pen. 00â€¢1011 P 1970)925 1266 \ F {970Ig20Â·674I <1--\\ _L--- -- \ \\ - / * FINK ---- \ 1 ----1 -- -â€¢-'- .-'-â€¢-I.- 1 5/0/3 HOAAPPROW,i m - PROJECTIO 130! DRAWN 8Y AVA- COPYRIGHT FORUMPHI. LLC . 1 #ovED~=*-1*~Â£,Mief 77.5.. Imâ€¢ 502 35* ~ Li AR. u,ST,~08 li'.. i,opos,0 B~A.,40 e.Â£ -E 4~75 31 .30.,02 ...M <UE,.0,88 i,to,Ani,ITNG PATIORÂ£*TR,GnoNAâ€¢k' 3015. i,=5â€¢lo~USâ€¢.1~ ~RE, RE,6â„¢leurED 10 PHOP06EO PAT10 RE*TI C]N AA. 0305 I MU- LOGUS.1 N SHEET TITLE A-000 1 .e 1, . w .0 ENVELOPE PLAN Eihibit B l48ecd E'*loed f{P ..4 1 1 FORUM PHI / /1 7 // 7. */IMainbbect SuMe 204 , A.p.â€žCoio,~do 81611 -I#... p (070)279 4157F (866}770Â·5585 / t' 1 1 ,/ 1 1409 CRYSTAL LAKE ip --j ' BCLTRUST / 1409./.al lake Road , ./.,/111 Aspen CO 81611 / i i l1I --.0 --0.- / \ / 111 - \ H 'll 1 - _2/;/' ,/ // / I.K.. / / /.i 1 11 i I \ 09*5 / /....., // ,# M r.1 1 - / X CONSULTANTS 1,11 \ \\ // 4.0.- // \ 1 \ i \ / SURVEYOR 11 1 /1 / . T.Â¢11/ Surveying ./.â€¢ --% 'W ~I ~l /~- '|2 727 8~ake Avenue , 113 ~ Gle"woodawlng*.CO 81601 | | 1, F 1070) 947 1007 8 I , ' . 1 6-- Z . W928 9708 CIVIL- 1 \ 11 \/ $&**IncerIng i \ !r .V ; 2 ~ i Gleriwood Spfinâ€ž Colo~~de81O01 1 1 P.(970) 946 8676 i' 1 ~,1eal@hcong com il,2 -2, 1 --7 MECHANICAL R.HMechlcalcal ,3--i___r--1 / |i .080*810,082/ChAmb-Ave E....CO8163 1 8 i P (970) 328.2699 F ./. 328 0234 STRUCTURAL Evolve SDuctui,1 Dei, 6SN4UiSUeel,S-5 Cal. le..0/623 1070) 618.7708 SleveSmllhcon,UuceÂ©n \ 1- \ \ CONTRACTOR \ 0-hils.(reel / A,p~n,00816' P (970)825-1288 F {970 920 6741 4*kf:443>>A \ \ <--\\ 1 1 0 1 - ---1 - - *%'UOOPLAJ' / / < 1 - - . ----1 -- 5/2083 *ov.SET PROJECT NO /01 - DRAWNaY, AWL COPYRIGHT FORUMP/1. LLI SHEET TITLE A-000b 1 ~e 20 W e Exhibit C Review Criteria & Staff Findings I. Insubstantial Amendment to Subdivision 26.480.080. Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. Sta# Response: This application proposes changes to the existing building improvement and patio restriction envelopes. Staff considers the proposed changes to the envelopes to be a minor change to the plat which has no effect on the conditions and representations limiting the approved plat. Altering the shape of the building improvement envelope serves to capture the portions of the existing building that is currently found outside of this envelope. The shape of the envelope is not drastically different from what currently exists, and furthermore this will capture all of the portions of the existing building that currently overhang this envelope. Lastly, the proposed building improvement envelope is the same size as the existing envelope. Any new development will be made to fit within the proposed building improvement envelope. The applicant is also proposing a redistribution of the patio restriction envelope from what exists currently on the site. Again, the applicant proposes no increase in square footage for this envelope. However, the applicant is proposing to remove 856.25 sq. ft. from the current southwestern location and replace this on the northern side of the building improvement envelope. The use of the patio restriction envelope will remain limited to patios and related exterior improvements, specifically listed as planters, hot tubs, lap pool barbeques, and stairs According to the PUD guidelines, these envelopes were created with the intent to help maintain a meadow-like feel on the lot, and to preserve the river front in a more natural setting by preventing a line of development in close proximity to the river. The reconjiguration of the envelope does not interfere with these development principals, and in fact removes the patio restriction envelope farther away from the river than exists currently. Stajffinds this criterion to be met. 1 II. Amendment of PUD Development Order 26.445.100.A - PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan maybe authorized by the Community Development Director. The following shall not be considered an insubstantial amendment. 1. A change in the use or character of the development. Staff Response: This proposal involves the shifting of a building improvement envelope that will serve to encompass the existing development, as well as the redistribution of the patio restriction envelope on the property. The proposed changes will maintain the same square footage of envelope that exists currently. These changes are minimal and in no way changes the use or character of the development. The site will continue to be used as single family residential. Stafffinds this criterion to be met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Staff Response: The applicant is not proposing any additional structures on the land with this proposal. Stafffinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates o f the proposed development or the demand for public facilities. Staff Response: Staff does not expect this proposal will have any impact on the trip generation rates for the Gordon/Callahan Subdivision/PUD nor will it increase the demand for public facilities. StaJffinds this criterion to be met. 4. A reduction by greater than three percent (3%) of the approved open space. Staff Response: There are no open space requirements for this property, other than the goal of maintaining the areas outside of the building improvement and patio restriction envelopes as meadow-like. This shifting of the building improvement envelope and the redistribution Of the patio restriction envelope has no impact on the surrounding "open" space, as there is no increase in the square footage of these envelopes. Staff finds this criterion to be met. 5. A reduction by greater than one percent (1%) o f the o ff-street parking and loading space. Staff Response: There are no changes to the existing off-street parking, and there are no loading space requirements associated with this application. Staff finds this requirement to be met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Response: There are no requirement pavement widths or right-of-way for streets and easements associated with this application. Stafffinds this criterion to be not-applicable. 7. An increase of greater than two percent (2Â°/0) in the approved gross leasable floor area of commercial buildings. 2 Staff Response: This proposal involves a single-family residence, and contains no commercial space. Staffjinds this criterion to be not-applicable. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Staff Response: This proposal involves changes to existing building improvement and patio restriction envelopes. There are no changes proposed for the density on the property, which will remain a single-family residence. Stafffinds this criterion to be met. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. StaJf Response: StaJffinds this proposal to remain consistent with the representation of the Gordon Callahan Subdivision/PUD approval. The subject site will remain in use as a single-family residence. There is no increase in size associated with the requests to shift the building improvement envelope or the redistribution of the patio restriction envelope. Stajffinds this criterion to be met. 3 III. Stream Margin Exemption for the Patio Restriction Envelope 26.435.040.B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Staff Response: This proposal involves the reshaping of the patio restriction envelope in such a way as to not add any square footage to the new envelope. The proposal does not involve the construction of any of the listed structures. Staff finds this criterion to be not-applicable. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical. with the stream margin review standards. Staff Response: This application does not involve the construction of any improvements essential for public health and safety. Stafffinds this criterion to be not-applicable. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Staff Response: The development does not add more than ten percent to the Jloor area of the existing structure. None of the newly proposed development is eligible to count as floor area exemption. This is the first stream margin exemption that has been requested. Stafffinds this criterion to be met. b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Staff Response: The applicant does not propose the removal of any trees in this proposal. Stafffinds this criterion to be met. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; 4 Staff Response: This portion of the application review involves the reconfiguration of the patio restriction envelope. The newly proposed envelope will remain the same size as found currently. 856.25 sq. ft. of the envelope will be moved to the west side of the property, and will not encroach any further towards the established high water line. The change in the patio restriction area will actually cause the patio restriction envelope to be moved further from the high water line and all applicable lines of measurement pertaining to stream margin review. Staffjinds this criterion to be met. d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Staff Response: Per Amendment No. 1 to the final plat (Book 32, Page 99) permitted development within the patio restriction envelope includes patios and exterior improvements listed as limited to planters, hot tubs, lap pools, barbeques and stairs. Staff jinds this criterion to be met. There will be no development outside of the patio restriction or building improvement envelope on this site. Sta# Jinds this criterion to be met. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plain. Staff Response: The reconfiguration of the patio restriction envelope will create no further ground coverage of structure on the property. The proposed patio restriction envelope is being reconfigured to two different separate areas off of the building improvement envelope, but will maintain the same combined size as currently exists today. Staff finds this criterion to be met. 5 .6<kibit R . '.'.f. 1 1 . FORUM PHI 715 West Main Street. Suite 204 1 1 , Aspen, Colorado 81611 P: (970) 279-4157 F: (866) 770-5585 .F I / 9-/ I. 1409 CRYSTAL LAKE 9 / a -' BCLTRUST \ 1409 Crystal Lake Road 1 1 ./ Aspen, CO 81611 - 34 , , 0 - : f f . 1 -- \ / \ / 7-Â»-e--- 1 i 1 31.00 sq ft > \ \ ; 4 i C / il ). ** i , I r / 1 ..~LEÂ«12Â·-3-/.. 40 1 11 / -- 1Â¢34\ 1 riff~ r ----1 1 14,6-~ LINE OF EXISTING NON-CONFORMING BUILDING j ff ozY>Â·, 1 1 0 \ le i itr,q n i' ' LU liE Â·â€¢00 / . SURVEYOR 1> S. CONSULTANTS \ 1 1 4 9 ... / \1 , 1 5 \ \ 9 / / .~. / I I 727 Blake Avenue Tuttle Surveying Services 1 1. Glenwood Springs. CO 81601 Â£ / 856.25 sq I i A /1 CO / ' 7 P: (970) 928-9708 j -0 0 FÂ· (970) 947-9007 1 39Â·00/q ft CIVIL -~ "1 | ~ ~ ~/ ~'~ 1~ High Country Engineering - , / 1517 Grand Avenue. Suite 101 1| 765.25 5. R $ Glenwood Springs' Colorado 81601 \ .1 j rneal@hceng.com P: (970) 945-8676 ril . 1 13 MECHANICAL fi-- r I: R&H Mechicarical it .1 -- -- - ' ' PO Box 810, 0825A Chambers Ave 212.50'sq ft 1 : Eagle, CO 81631 1 P (970) 328-2699 1 l--1 --9-.-r~ F , F. (970) 328-0234 1 65 N 411 Street. Ste 5 Â· ~ 1 STRUCTURAL 273.255" 303.0 n - ~ Carbondale, CO 81623 _ _ / Evolve Structural Design --- ~ (970) 618-7708 sara@evolvestruct.com I I Steve Smith Construction L. CONTRACTOR 135 West Main Street ; Aspen, CO 81611 P (970) 925-1288 F (970) 920-6741 \ \\ i \------ -L--- -\ ---- i \ \ \ - i 10 \ \------ i 100 YEAR FLOODPLAIN TOP OF BANK ................ --- ... 920/13 HOAAPPROVALSET .-.- --- .-.-- PROJECT NO' 1301 DRAWN BY AWL COPYRIGHT FORUM PHI, LLC .- AREA REMOVED FROM EXISITNG BUILDING ENVELOPE 77 + 152 5+ 273.25 = 502.75 sq ft ...... 0 AREA REDISTRIBUTED TO PROPOSED BUILDING ENVELOPE 432.75 + 31 + 39=502.75 sq R AREA REMOVED FROM EXISITNG PATIO RESTRICTION AREA 303.5 + 765.25 = 1068.75 sq n AREA REDISTRIBUTED TO PROPOSED PATIORESTRICTION AREA 856.25+2125=1068.75 sqft SHEETTITLE A-000 1-1 1 1 ze 10 20 40 80' ENVELOPE PLAN ATIORE RICIONA alitib-4.0 i 1 FORUM PHI 715 West Main Street, Suite 204 1 1 , Aspen, Colorado 81611 ./ P (970) 279-4157 R (866) 770-5585 / P / 0..0.-/ / ' 1409 CRYSTAL LAKE 0-07-L ./ /~ ,~~ ~ BOLTRUST 0 //\ \ 1409 Crystal Lake Road 4 2 ---- i , 4 \ .~ . .1, . Aspen, CO 81611 ./ CD n - : I. \ \ . -- - .9, \ I :- 1 1 / \. 1 \ \ 1--9 1 / -1 11 - // 1 1 IC-----------i- r 5 11 1 .0./ 1 \:\ 90 / 0, CONSULTANTS 1 1 / ./ : 6 \ .----1 1 11 : / 11 . UN / .0 1 /1 1 \1 \ /0 SURVEYOR /2 11 1 1 /4 L... / Tuttle Surveying Services | | * M *â€¢ 727 Blake Avenue ~~ 1________~--~ 1| ~ ~~~000~~000~~** % â€¢0 Glenwood Springs, CO 81601 / / \\9 , 1 \ / 0 p. (970) 928-9708 :I 0 0 R (970) 947-9007 M I CIVIL \ 11 11 -- i % ~1 ; 151/ Grand Avenue. Suite 101 1 1_J--L--|1 \/ High Country Engineering \ 1 2 Glenwood Springs, Colorado 81601 1 P: (970) 945-8676 i \\\ r 1< meal@hieng.com 11 1# i \1 1 L----1 13 MECHANICAL L 15 R&H Mechicanical It 1 1Â£ PO Box 810, 0825A Chambers Ave 11 1 Eagle, CO 81631 1 L d----------- f If i P.(970)328-2699 i 1 -r - 12 ; R (970) 328-0234 i 1 STRUCTURAL 41 4 Evolve Structural Design 65 N 4th Street, Ste 5 - 1 ~ Carbondale, CO 81623 (970) 618-7708 sara@evolvestruct.com -'~ - - CONTRACTOR \ 135 West Main Street Steve Smith Construction ~ ~ -~ Aspen. co 81611 P (970) 925-1288 F: (970) 920-6741 \ - 7 \ ------- <. 0 - \\ \ -- --0*8/ I- 100 YEAR FLOODPLAIN Ive# 094 4/454 / * . irOPE --- 1 - ..........-----......... / 5/20/13 HOA APPROVAL SET .--.i ... -0.- ./. PROJECT NOÂ· 1301 --- DRAWN BY: AWL Â°2-.--- -0. COPYRIGHT FORUM PHI, LLC /4---.- SHEETTITLE A-000b 1-1 1 10Â· 2/ 4/ 80' -PEMENT BUILDING ENVELO /1 Page 1 of 1 *55693* 210 Print Date: - Pitkin County Transaction #: 55693 10/10/2013 3:39:24 Janice K. Vos Caudill Receipt #: 201307414 Clerk and Recorder PM Cashier Date: 10/10/2013 3:39:22 PM 530 East Main Street Aspen, CO 81611 (CKLOB) (970) 429-2707 www.PitkinClerk.org Custoiner Information Transaction Information Payment Summary DateReceived: 10/10/2013 Source Code: Over the Counter () FORUM PHI LLC Over the 715 W MAIN ST Q Code: Counter Total Fees $36.00 STE 204 Over the Total Payments $36.00 Return Code: ASPEN, CO 81611 Counter Trans Type: Recording Agent Ref Num: 1 Payments â€¢A It===31 $36.00 [El=! CHECK 1030 1 Recorded Items *3\ BK/PG: 0/0 Reception. 604645 Date:10/10/2013 LEZ.1 (NOTKI) NOTK.]E 3:39:21 PM From: To: Recording @ $11 for 1pg and $5 for 2 or more 6 $36.00 pgs $1 Surcharge - 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 10/10/2013 â€¢r-Â· i - t. 1 6. ---//----EZZIL---- -7 1 ;fiÂ·-ile...Ive:'.: W- 2::4-111.rwrs-,11 Ill.7 .6?392Â«~234:t*1118 ---- - fi'f<;:b,ki#Ad> , Â·,Â· tlt.--42/9 t***040-:; 1.. 4 4:45' # .1: 3.Â« . . / 3, t l 94: . - f/----{ ~ , mia:IJA 1 4 4 / :al .' .1 , ..1 4- f .- .. 31/1. f \ '. City of Aspen Control Monument GPS-18(N) Found. No. 5 Re ~NAP088 EL-801341 IMPROVEMENT ~URVEY PLAT ond Yeltoâ€¢ Plastic Cop L.S. No. 9184 2 6'&4@,8,1,4 ~~~* \ 14~r Te Bears 1.36' from point for corner-~ 413Â·*99- E--/J p 69934- with Topography ~ Aluminum Cap. LS. #15710 1 : -- A Found. 05 Rebor and N 80'32'56" E 104.00' -4 Site Benchmark 9-pÂ· Dev.- 7986 2 LOT 9, GORDON/CALLAHAN RESUBDIVISION \ N 80Â·33'05" E ~ 5*.\or, 38.84' **~ OP 75.-S Ne r S 30.00Â·setback 40 2360 25-' - 9 City of Aspen Control SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, 6TH P.M. 1 Book 32. - (4,1 -* - Monument GPS-19(N) ~ Page 99 u Found. No 5 Rebor 0 1- 20.00' Sewer & General Utility Easement 0 2 : 97'f:# / Book 316. Page 902 Grid CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO Book 32, Page 99 2 *raim./ f |1 LEGEND AND NOTES: 25. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER AN ORDINANCE OF - THE ASPEN CITY COUNCIL GRANTNG REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR " E 3. ' 30.00' Access & Utility Easement olong easterly line - O INDICATES FOUND MONUMENT AS DESCRIBED (PUD) RURAL RESIDENn AL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN FOR THE - of let 9 as shown on Gordon Sub Plat Book 15, Poge 25 GORDON / CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS STATUS FOR A 2.4 ACRE PARCEL Mit. 2 - 0 INDICATES SET NO.5 REBAR & CAP MARKED LS 33638 LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL aRCLE. CITY OF ASPEN, PITKIN O COUNTY. COLORADO (ORDINANCE NO. 23 OF 1993) DATED APRIL 26,1993. AND RECORDED JULY 15, 1993, 69 1 1 - 0 - Â® MANHOLE IN BOOK 718 AT PAGE 39, AS RECEPTION NO. 358874. (AFFECTS THE SUBJECT PROPERTY BUT CANNOT 1 1 - f . as. . k.,> k . 67.5744 1 26. ANY AND ALL NOTES, EASEMENTS AND REaTALS AS DISCLOSED ON THE RECORDED AMENDMENT NO. - 9 DECIDUOUS TREES BE PLOTTED AS DESCRIBED) 09 20.00' Riverside Ditch Easement - â€¢ FIR TREES (SCALED TO DRIP UNE) ONE, FINAL PLAT, LOT 9 GORDON / CALLAHAN RESUBDIVISION, RECORDED NOVEMBER 04, 1993, IN PLAT ; Book 32, Page 99 BOOK 32 AT PAGE 99. AS RECEPnON NO. 362894. (AFFECTS THE SUBJECT PARCEL AS SHOWN HEREON) 86 < 1 + 27. TERMS, CONDInONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE CROSS - DATE OF FIELD SURVEY: JANUARY 29. 2013. THERE WAS 2' OF SNOW ON SITE AT THIS nME. EASEMENT AGREEMENT DATED NOVEMBER 4, 1993, AND RECORDED NOVEMBER 4. 1993, IN BOOK 729 AT with wolkout Single -1 7 House ' - UNIT OF MEASUREMENT: US SURVEY FOOT /-Li//0 416 PAGE 530, AS RECEPTION NO. 362899. (AFFECTS RE SUBJECT PROPERTY. GRANTS 3' ACCESS EASEMENT FOR LOT 8 TO ACCESS RIVER AS SHOWN HEREON.) Bosement - THE VERACAL DATUM USED IN THIS SURVEY IS BASED UPON NAVD 88. 28. TERMS, CONDInONS, PROVISIONS. AGREEMENTS AND OBUGAMONS SPECIFIED UNDER THE CONSENT TO Ii,V/*Ild~ Detail Sheet 21 RESUBDIVISION AND COMBINATION OF LOTS, DATED OCTOBER 1, 1993, AND RECORDED NOVEMBER 4. 1993, Tru .4Ruf - CONTOUR INTERVAL: ONE FOOT IN BOOK 729 AT PAGE 504, AS RECEPTION NO. 362895, (AFFECTS THE SUBJECT PROPERTY BUT CANNOT i 2 cou~mb~Â». TEDÂ¢6 BE PLOTTED AS DESCRIBED) - SAID PARCEL IS ENTIRELY WITHIN "ZONE X AREA DETERMINED TO BE OUTSIDE OF 500 YEAR 29 TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE P.U.D. FLOOD PLAINÂ» PER FEMA FLOOD INSURANCE RATE MAP, PANEL 203 OF 325. SUBDIVISION AGREEMENT LOTS 2A, 20, 2C AND LOT 9. GORDON CALLAHAN RESUBDIVISION. DATED NOVEMBER 4, 1993, AND RECORDED NOVEMBER 4, 1993, IN BOOK 729 AT PAGE 521, AS RECEPTION NO, - LEGAL DESCRIPTION: 362898. (AFFECTS â„¢E SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) 20.00' Sewer & General Utility Easement 30. INTENTIONAL-LY DELETED. 1 / lilf, W *1103 \> 1 1 ,0 -nmull=ip Â·- 74* p ' -' * - Book 316. Page 902 and LOT 9, GORDON / CALLAHAN RESUBDIVISION, ACCORDING TO THE FINAL PLAT RECORDED IN PLAT 31. TERMS, CONDITIONS. PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE EASEMENT AND Beck 32, Pgge 99 BOOK 25 AT PAGE 75 AND AMENDMENT NO. ONE. nNAL PLAT LOT 9 GORDON / CALLAHAN UCENSE AGREEMENT DATED NOVEMBER 4, 1993, AND RECORDED NOVEMBER 4. 1993. IN BOOK 729 AT RESUBDIVISION RECORDED NOVEMBER 4. 1993, IN PLAT BOOK 32 AT PAGE 99. Prn<IN COUNTY. PAGE 511, AS RECEPTION NO. 362897. (BIKE AND TRAIL EASEMENT AS SHOWN HEREON) 1-_.D~ m t~e-XÂ·, \ 4 3111 39:0' Access Easement 0 C . COLORADO 32. TERMS. CONDInONS. PROVISIONS. AGREEMENTS AND OBUGAIONS SPECIFIED UNDER AN ORDINANCE OF a=m- ' 1 THE ASPEN a TY COUNCIL GRANnNG PERPETUAL VESTED RIGHTS FOR THE ALLOWABLE FLOOR AREA FOR t .' i 7( ak) 1 .. ,Ill.' - mklm' .1 U - - BEARINGS ARE BASED UPON A NO. 5 REBAR WTH A YELLOW PLASTiC CAP L.S. 9184 FOUND AT THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON AMENDED LOT 9 OF THE GORDON / CALLAHAN 6 I -8 A, 'f j ~Book 32, Page 99 THE NORTHERLY ANGLE POINTS OF THE SUBJECT PROPERTY, USING A BEARING OF PUD / SUBDIVISION LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNI AL CIRCLE. S 03Â·00'00~ E BETWEEN THE TWO DESCRIBED MONUMENTS AS SHOWN HEREON. CATY OF ASPEN, Pin<IN COUNTY, COLORADO (ORDINANCE 52 - SERIES OF 1993) DATED SEPTEMBER 27. 1993, AND RECORDED NOVEMBER 8, 1993. IN BOOK 729 AT PAGE 774. AS RECEPTION NO. 362982. 4 1 6 OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD, ALL INFORMATION 33. TERMS, COND1110NS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIAED UNDER THE CONFIRMAnON - THIS SURVEY DOES NOT REPRESENT A n TLE SEARCH BY THIS SURVEYOR TO DETERMINE (AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) r, ~ \ *7 ~~4+OfA/~h*Â»~,Â«~efffi ~ ~?~ff~:~~ ~.~, PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN OF COMPUANCE DATED OCTOBER 1.1994. AND RECORDED OCTOBER 6. 1994. IN BOOK 763 AT PAGE 475, Plot Book 32 6952 S 042'10- 0 FROM TITLE INSURANCE COMMITMENT ISSUED BY ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN. AS RECEPTION NO. 375020. (AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIe ED) =72 12'12:4,6,/// A:--7 0 PIgr/</f:///71 10Â» * / F>>â‚¬ ~ 0 - LLC. DATED EFFECTIPE NOVEMBER 2, 2012 AS COMMITMENT NO Fl LE NO PC12003032. 34. TERMS. CONDITIONS. PROVISIONS. AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE PROTECTIVE COVENANTS AMENDED LOT 9. GORDON / CALLAHAN SUBDIVISION. PITKIN COUNTY. COLORADO. DATED FEBRUARY 8,1995, AND RECORDED NLY 3.1996. AS RECEPTION NO. 394410. AND AMENDMENT TO \> 1 -1 -~.-141 / LL''i#f~ 1 ~ 4.Ji .\f. 7 ,/ 590'00'00"W 10212' 6. RESERVATIONS AND EXCEPnONS AS SET FORTH IN THE UNITED STATES PATENT DATED OCTOBER SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) Â·Â·2- * 1 96< THIS PROPERTY IS SUBJECT TO â„¢E FOLLOWING EXCEPnONS PER SAID TITLE COMMITMENT PROTECTIVE COVENANTS, AMENDED LOT 9, GORDON / CALLAHAN SUBDIVISION, PITKIN COUNTY, COLORADO. DATED JULY 14.1997, AND RECORDED NOVEMBER 18,1997, AS RECEPTION NO. 410767. (AFFECTS â„¢E \,4 \ =br 7--\ c f? f, 1 Y i l l r ,//, /., ':*.44 18,1894, AND RECORDED JUNE 17.1894, IN BOOK 175 AT PAGE 246. AS RECEPMON NO 096480, 35. TERMS. CON[InONS. PROVISIONS. AGREEMENTS AND OBUGAnoNS SPECIFIED UNDER THE ACCESSORY RECInNG THE FOLLOWING: FIRST: THAT THE GRANT HEREBY MADE IS RESTRICTED IN ITS EXTERIOR DWal.ING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL UMITS TO THE BOUNDARIES OF THE SAID MINING PREMISES, AND TO ANY VEINS OR LODES OF- CODE, DATED JUNE 5, 1996, AND RECORDED ,AILY 9,1997. AS RECEPTION NO. 406114 (AFFECTS THE -Trees ~.~ #pÂ· QUARTZ OR OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR LEAD. nN, COPPER. OR SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) coTHER VALUABLE DEPOSITS, WHICH MAY HAVE BEEN DISCOVERED WITHIN SAID UMITS SUBSEQUENT TO 36. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGAnONS SPECIFIED UNDER THE CITY OF AND WHICH WERE NOT KNOWN TO EXIST ON THE TWENTY-THIRD OF MARCH, A.D. ONE THOUSAND ASPEN DITCH RELOCATION AND EASEMENT AGREEMENL DATED JULY 21. 1997. AND RECORDED JULY 22, ELEC. METER EIGHT HUNDRED AND EIGHTY--FIVE. SECOND: THAT SHOULD ANY VEIN OR LODE OF QUARTZ OR 1997, AS RECEPTION NO. 406547. (AS SHOWN HEREON) \J \ 464 - . / tvt ELEC. VAULT OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR. LEAD, TIN. COPPER. OR OTHER VALUABLE 37, TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGAnONS SPECIFIED UNDER THE / /14 ..1 3 1//i#/f* i.1,6 PUMP HOUSE DEPOSITS, BE CLAIMED OR KNOWN TO EXIST WITHIN THE ABOVE-DESCRIBED PREMISES AT SAID LAST-NAMED DATE. THE SAME IS EXPRESSLY EXCEPTED AND EXCLUDED FROM THESE PRESENTS. ENCROACHMENT AGREEMENT DATED SEPTEMBER 4,1997. AND RECORDED OCTOBER 28,1997. AS 1HIRD: THAT THE PREMISES HEREBY CONVEYED MAY BE ENTERED BY THE PROPRIETOR OF ANY VEIN RECEPnON NO. 409980. (AS SHOWN HEREON) I.6 9-7 20' UTIUTY EASEMENT OR LODE OF QUARTZ OR OTHER ROCK IN PLACE BEARING GOLD, SILVER. CINNABAR, LEAD, TN, 38. TERMS. CONDITIONS. PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE TRENCH, ./f. > i litill /2.4 4 1 1\ PLAT BOOK 32 PAGE 99 8 GRAPHIC SCALE COPPER, OR OTHER VALUABLE DEPOSITS, FOR THE PURPOSE OF EXTRACTING AND REMOVING THE CONDUIT AND VAULT AGREEMENT DATED SEPTEMBER 4,1997. AND RECORDED DECEMBER 9.1997. AS ORE FROM SUCH VEIN OR LODE, SHOULD THE SAME, OR ANY PART THEREOF. BE FOUND TO RECEPnON NO. 411464. (AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) / 39. IRMS, CONDInONS. PROVISIONS, AGREEMENTS AND OBUGAnONS SPECIFIED UNDER THE HOLY CROS5 2 PENETRATE, IN1ERSECT, PASS THROUGH, OR DIP INTO THE MINING GROUND OR PREMISES HEREBY ,/2 f tÂ« I h , 7-- 1 0, GRANTED. FOURTH: THAT THE PREMISES HEREBY CONVEYED SHALL BE HELD SUBJECT TO ANY ELECTRICASSOCIATON, INC. UNDERGROUND RIGHT-OF-WAY EASEMENT DATED SEPTEMBER 4,1997, AND VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING, OR OTHER RECORDED FEBRUARY 12. 1998. AS RECEPTION NO 413531. (AS SHOWN HEREON) 1 inch - 30 A DECISIONS OF COURTS. FIFTH: THAT IN THE ABSENCE OF NECESSARY LEGISLAnON BY CONGRESS. AND RECORDED MARCH 2, 1998, AS RECEPTION NO. 414040. (AFFECTS THE SUBJECT PROPERTY BUT 6 PURPOSES. AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER 40. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE HOLY CROSS 0. ( IN FEET ) RIGHTS AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY THE LOCAL LAWS. CUSTOMS. AND ELECTRIC ASSOCIATION. INC. CONTRACT FOR ELECTRIC SERVICE (INDIVIDUALS) DATED SEPTEMBER 4. 1997, 20.00' Riverside Ditch Easement THE LEGISLATION OF- COLORADO MAY PROVIDE RULES FOR WORKING THE MINING CLAIM OR PREMISES CANNOT BE PLOTTED AS DESCRIBED) Book 32, Page 99 HEREBY GRANTED, INVOLVING EASEMENTS, DRAINAGE, AND OTHER NECESSARY MEANS TO THE 41. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGAnONS SPECIFIED UNDER THE LANDSCAPE COMPLETE DEVELOPMENT THEREOF. (MAY AFFECT THE SUBJECT PROPERTY BUT CANNOT PLOTTED AS EASEMENT AGREEMENT DATED APRIL 11, 2000. AND RECORDED APRIL 21, 2000, AS RECEPTION NO. DESCRIBED) 442569 (AS SHOWN HEREON) 7. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM, 42. TERMS, CONDITIONS, PROVISIONS. AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE SETTLEMENT SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS AGREEMENT DATED APRIL 30, 2001, AND RECORDED MAY 4, 2001, AS RECEPTION NO. 454204. (AFFECTS / RESERVED IN THE UNITED STATES PATENT DATED AUGUST 21, 1958, AND RECORDED AUGUST 29, THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED AS DESCRIBED) 1958, IN BOOK 185 AT PAGE 69, AS RECEPTION NO. 106874 (MAY AFFECT THE SUBJECT PROPERTY 43. ANY RIGHTS, INTEREST OR EASEMENTS IN FAVOR Of- THE UNITED STATES, THE STATE OF COLORADO BUT CANNOT PLOTTED AS DESCRIBED) OR THE PUBUC, WHICH EXISTS OR ARE CLAIMED TO EXIST IN AND OVER â„¢E PRESENT AND PAST BED, BANKS OR WATERS OF THE ROARING FORK RIVER. Â»/5 / 8. INTENnONALLY DELETED. 44. ANY INCREASE OR DECREASE IN â„¢E AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION 9. INTENnONALLY DELETED. OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR REUCTION. WHETHER NATURAL L 5' UTIL EASE MARKETABILITY OF THE n TLE OF THE LAND. 10. INTENTIONALLY DELETED. OR ARnFICIAL; AND THE EFFECT OF THE GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON PLAT BOOK 32 PAGE 99 11. INTENTIONALLY DELETED. 45. STONE WALL LOCATED AT THE ENTRANCE OF THE PROPERTY BEING OUTSIDE OF THE BUILDING 12. INTENTIONALLY DELETED. ENVELOPE AS SHOWN ON THE IMPROVEMENT SURVEY PLAT PROVIDED BY TUTTLE SURVEYING SERVICES , Holy Cross Egierne,9 1/ - 0622:19 VICINITY MAP: SCALE 1" = 1000' p of reception No. 141 f AZ][ 13. INTENTIONALLY DELETED. DATED DECEMBER 4. 2012. Bank ~35~ ~ ' 1 14. INTENTIONALLY DELETED, 46, INTENTIONALLY DELETED 47 AXED CONCRETE PLANTER LOCATED ON THE WESTERLY SIDE OF THE SUBJECT PROPERTY BEING 15. INTENTIONALLY DELETED, OUTSIDE OF THE BUILDING ENVELOPE, AS SHOWN ON THE IMPROVEMENT SURVEY PLAT PROVIDED BY / 7, Ll -E,e-?662â‚¬to. 16.F=61.37 44mWN] . -4 3 17. INTENTIONALLY DELETED. 48. STONE WALL LOCATED ON THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY BEING OUTSIDE OF -7980- 1 , , 16 INTENTIONALLY DELETED TUTTLE SURVEYING SERVICES DATED DECEMBER 4. 2012. 29...29.-. THE PROPERTY BOUNDARY AS SHOWN ON THE IMPROVEMENT SURVEY PLAT PROVIDED BY TUTTLE .JOGAccess Easement os glfII V.4* 4.42'14. 49. RIGHTS OF THE OWNER OF LOT 8 OF THE GORDON CALLAHAN RESUBDIVISION AND OWNERS OF THE Tan=31.06 _ 18. TERMS. CONDITIONS, PROVISIONS. AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE SURVEYING SERVICES DATED DECEMBER 4, 2012. PROTECTIVE COVENANTS ASPEN CLUB LOTS 1 THROUGH 10, DATED SEPTEMBER 24.1984, AND RECORDED OCTOBER 170 1984, IN BOOK 475 AT PAGE 236, AS RECEPTION NO. 263351, AND RIVERSIDE DITCH, IN AND TO THE POND ALONG THE SOUTHEAST BOUNDARY Of THE SUBJECT AMENDMENTS TO PROTECn VE COVENANTS OF- ASPEN CLUB LOTS 1 THROUGH 10. RECORDED PROPERTY, AS SHOWN ON THE IMPROVEMENT SURVEY PLAT PROVIDED BY TUTTLE SURVEYING '. 6~dimensioned in book 7* pa** yfef,4111:~-6.4,3~L-- 4&44- . ,# -1 1 NOVEMBER 15,1988, IN BOOK 578 AT PAGE 731, AS RECEPnON NO. 306054. (AFFECTS THE SERVICES DATED DECEMBER 4, 2012. â€¢4* -/ 1 / item 24f tiU' com*:Inent it*%\ 10 1 ).*mi'<--,1-~/.pl9.â€¢-:'~ 6/ SUBJECT PROPERTY BUT CANNOT PLOTTED AS DESCRIBED) 19. INTENTIONALLY DELETED A--\ --11-1--it-tÂ«*9- 29 ,-s.wao:>â€ž./42-==efl#*A>-ch~54, r -- _ - 20. ANY AND ALL NOTES. EASEMENTS AND RECTALS AS DISCLOSED ON THE RECORDED FINAL PLAT i . OF GORDON / CALLAHAN RESUBDIVISION. DATED AUGUST 7, 1990, AND RECORDED JANUARY 4,1991. ~~ 59(>00'00'Â·p ~ 80.10 1 ~ ' b IN BOOK 25 AT PAGE 75, AS RECEPTION NO. 329332, AND AFFIDAVIT OF UONEL L YOW, RECORDED SURVEYOR'S CERTIFICATE: 534 - 9 2 ~~1'E:35,19,~i~&4 ti,~ SEPTEMBER 9,1992, IN BOOK 688 AT PAGE 291, AS RECEPTION NO, 348456, AND RECORDED i ' OCTOBER 26,1992, IN BOOK 692 AT PAGE 495, AS RECEPTION NO, 350057, AND AFFIDAVIT OF 1, JEFFREY ALLEN TUTTLE, BEING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF 0 47 JOHN A. ELMORE Il. RECORDED SEPTEMBER 9, 1992, IN BOOK 688 AT PAGE 290, AS RECEPPON NO. COLORADO, DO HEREBY CERn FY THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROM 348455, AND RECORDED OCTOBER 26,1992, IN BOOK 692 AT PAGE 494, AS RECEPTION NO AN ACTUAL MONUMENTED LAND SURVEY OF THE PROPERTY CORNER MONUMENTS, BOTH ~5~056. (SAID PLAT AND SUBJECT PARCEL 8EING FURTHER AMENDED BY PLAT BOOK 32 AT PAGE THE BEST OF MY BEUEF AND KNOWLEDGE AND THAT ALL DIMENSIONS, BOTH LINEAR AND FOUND AND SET, UNDER MY DIRECT SUPERVISION AND CHECKING: THAT IT IS CORRECT TO 1 Â£ & *3/1 je ~:~Â»rt'1,4*~~~ *. ~'~Â·i~1~ ~~~Y- J~'~~~,~Pt; 23. TERMS. CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIAED UNDER THE HEIGHT 4,0,~geg~*Al ,t~0 *;AZ,w,c,:*:3-~~~1 21 INTENT-ALLY DELETED. 22. INTENTIONALLY DELETED. ANGULAR WERE DETERMINED BY AN ACCURATE CONTROL SURVEY IN THE FIELD WHICH f'Â· BALANCED AND CLOSED WITHIN A UMIT OF 1 IN 15,000 (WHICH COMPUES WITH COLORADO RESTRICTION AGREEMENT DATED .UNE 13,1991, AND RECORDED JUNE 17, 1991, IN BOOK 649 AT PROFESSIONAL STANDARDS FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY 0. 07' 10~ PAGE 219. AS RECEPRON NO. 333759. (AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE PLOTTED STANDARDS FOR ALTA/ACSM LAND TITLE SURVEYS): 1 FURTHER CERTIFY THAT THE 24. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBUGATIONS SPECIFIED UNDER THE SHARED EXCEPT UnliTY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, 1~~(t:~ Â·14 AS DESCRIBED) IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, FEBRUARY 5, 2013, -7~ ~.01:z:i:h;~~ EXPENSE AGREEMENT FOR CALLAHAN SUBDIVISION ROADS AND POND. RECORDED AUGUST 28. 1992, 1 1 It \/ / *St. 1 0 ~ 32 .NÂ«/ . */9 IN BOOK 687 AT PAGE 365, AS RECEPTION NO. 348146, AND MODIFICATION OF SHARED EXPENSE EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED AGREEMENT FOR CALLAHAN SUBDIVISION ROADS AND POND. RECORDED AUGUST 28.1992. IN BOOK PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT AS INDICATED, AND 687 AT PAGE 409. AS RECEPTION NO. 348147. (AFFECTS THE SUBJECT PROPERTY BUT CANNOT BE THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR - / Moddolone BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. 1, ..: <0~ ~VI PLOTTED AS DESCRIBED) . A *ir *4144 p i e.40 JEFFREY ALLEN TUTTLE L.S. 33638 DATE \ 'Vet,Â£V 1 0 ~ccordiny to L'otorall taw~ yul, must comm&/ I TUTTLE SURVEYING SERVICES -ee IMPROVEMENT SURVEY PLAT 1409 CRYSTAL LAKE ROAD Drawn by: SRB any te~ acton based bpon an~ de/ect M 727 Blake Avenue I. suruey wdjhin t.4,-Ge %42,3 qm, lou first &,e, such defect . no event mal Glenwood Springs, Colorado 81601 qut iiet- based upon ilyly dâ‚¬fect in Dote: 2/6/13 thts sumâ€¢ey le commenced .*e fhan ten ways (970) 928-9708 (FAX 947-9007) pom the *fe of th' certdicahon shown TUTTLE SURVEYING SERVICES 1-1 WITH TOPOGRAPHY ASPEN, CO 81611 Email- je#@tss-us. com 1 1535'00" E 204.00 ,00*ZZE M .00,9.Â£ 2 N 01'40'00- E 67 37 .40* . 1 1 . \ /,1 \/1 . 1 FORUM PHI / \ 1 715 West Main Street. Suite 204 \ Aspen. Colorado 81611 1 Â· P. (970) 279-4157 R (866) 770-5585 WOOD SHOP I 1409 CRYSTAL LAKE BCLTRUST il 46 4 3 % -74 ~ 1409 Crystal Lake Road Aspen, CO 81611 I .'I GARAGE F fy; FITNESS - EXISTING FENCE ABOVE -) 3 ml / 221 41 0 FLAU -- -111 j G 1 -83 1 ZIN L -1 la - - ~ -1 1 /r=== 1-4 _- - ~ CONSULTANTS LAUNDRY J SURVEYOR A I d El El) 0/. I 727 Blake Avenue Tuttle Surveying Services Glenwood Springs CO 81601 ~ MEDIA 'L~f P (970) 928-9708 F. (970) 947-9007 DN 91 MECHANICAL CIVIL | | High Country Engineering 1517 Grand Avenue, Suite 101 Glenwood Springs, Colorado 81601 IL 1 9==i P: (970) 945-8676 7 1 3 W meal@hceng com h o 'EÂ©- -t--r ~ tl LJWDRU 2---- - 1 ~_al# ~ I~ NEWGUARD /---- yabt 41 â€¢ MECHANICAL m HAN DR Al L A---- .paill#* J#71 R&H Mechicanical PO Box 810, 0825A Chambers Ave . i UP Eagle. CO 81631 BUNK SUITE , * LOWER GALLERY -3.. P- (970) 328-2699 . GUEST SUITE DRESSING STRUCTURAL ~ R (970) 328-0234 Evolve Structural Design ml - - 65 N 4th Street. Ste 5 - 4 RE - Carbondale. CO 81623 (970) 618-7708 NEW EGRESS LIGHTWELL ELEV I CONTRACTOR 6 - Aspen. CO 81611 sara@evolvestruct com Steve Smith Construction c==J - 135 West Main Street P (970) 925-1288 GUESTSUITE 1- El Ill-J F (970) 920-6741 - 1 11 13 -LL_NEWSITE'ull .-il NEW INDOOROUTDOOR BAR 1 0 0 11 3 T GAS FiREPLACE 1 ./ 4 5/20/13 HOAAPPROVALSET - ~~~ PROJECT NO 1301 N - 44 -~~ ~ ~ GAME ROOM 1 - - DRAWN BYÂ· AWL COPYRIGHT FORUM PHI. LLC - NEW DEVELOPMENT TERRACE BBQ AREA t CHANGE TO EXISTING EXTERIOR 3 0 SHEET TITLE GUEST SUITE Ne A-101 Ly- 1[1-1--1 1 LOWER LEVEL L-r--7 1 F--t- FLOOR PLAN 16 2/ 1.3 IL ROVEMENT SURVEY PLAT -WITH TOPOGUPHY 9 3 r 4.M //1 9 / ~ - Clumpi i , C rk; -,#.4 - -4 * fx ,-+- I /55'< $ 1 11 " ||'Ill"ll -05---6 <f\\\ ~U~ UN H<Â£ U\LE<9, 8" Concr~te box C.4 <#(-4- 6-12 /5, Inv El 7984.2 \0 0 j 1 // 1 ..,Clump f"fyi\&\Â· 3/U IR///// "<-* Tlijlt-ID/L 011/--1-2-7-F#r-X *QI ump . ..42) I I I 1" f\/ 7 ~ 18" :1 ~, I~t\\ 0'|>f\\<f1 ~~ct -\2'.9.Fr~~~%~~~40~\ /~%/<4f , iqu~ 1, Potwi 1/ ~ 5" PVC i-i -1,91'no \ m.tr 20" , -/ / 0*36 ST 1 ~i (typiccl) \~ HOUSE DETA 14" ' t'Jilt 41\ ('f>- + au F-Â· i / /' /// *"5,i:\(Yr-Tilt'/ 4 i /- 1/-~3~1 Â¢'ymp- . 7984 03 - .4 u tri\2 4 f SCALE: 1" = ..8,1.11 J / / l// 77/- 4.4 1 \-<-i-1-~ I til ~ 11~ -- ~3 99 4 P.. a ~ 41 \ / 1 983 5 5" 4Â·Li<. / / ~11~tt ~.t 4.,444 040 5 n.50 5 Â· 7983 95 U 15.50 : 14.70 11.70 \ p Patio 24 50 79836~_i ~ ~ \c}~)4\,i ~ 111 /t<(67.4., 44% . / 2 \\1~ / 1.=9 1.1 7 4.00 / 1--- F 3/11, '' lili W _1â‚¬ f T 7.2/6, j 11\ ?li" 4'- r i~~__1 i ~~-0--- -19--11-[4--~ ~ 1 1 13., 4 /juli Sinlge Story House ; : / 77 / \ 4.00 - 'lit\ j 11 E w/Walkout Basement Scroge . 5" 710 ~-FF Elev = 7984 0 Af C /// 1 1409 Crystal Lake Rd. 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Suite 204 Aspen, Colorado 81611 P: (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCLTRUST 1409 Crystal Lake Road Aspen, CO 81611 05 - / 1. ..33* .A. . .1- - Ir , #..4 -- , I :u,f /,u/.,1/,1 31,= dat, r,/tui itu / i.ot V Cordo;-4/('ultal-,un. P.estitjdit i: ton ,~ , CONSULTANTS 1 4 5- .... 44.- >f/LlcÂ· SURVEYOR 1 Tuttle Surveying Services ' 727 Blake Avenue Glenwood Springs. CO 81601 P (970) 928-9708 F (970) 947-9007 CIVIL ~' High Country Engineering 1517 Grand Avenue, Suite 101 Glenwood Springs, Colorado 81601 P (970) 945-8676 i Â» -4 -'. 4 40& rneal@hceng com * , â€¢+FIL ...9 g 7, 1, 4 MECHANICAL * 4 be.â€ž RaH Mechicarical 2, /40* 4 .... .K . Al... 1 \~)2 Â·'24Â·ZE - 1 PO Box 810. 0825A Chambers Ave ' Eagle, CO 81631 PÂ· (970) 328-2699 ' , F (970) 328-0234 ... r~*ra- f-W - -4 13. 2- . A-L ', g..i Â·,Â·> "' fl -t3:m- 2 .7... # 2 ' STRUCTURAL - .- 1 *6*77'06 Evolve Structural Design 1 65 N 4th Street, Ste 5 --1 ~ ~ ' ~~~ '~ ~~ 1 Carbondale, CO 81623 1 (970) 618-7708 sara@evolvestruct com Â· Â· CONTRACTOR i Steve Smith Construction 3 Â· 135 West Main Street _ , ~ _ q Aspen. CO 81611 ; P (970) 925-1288 F: (970) 920-6741 1 . U - I I I.,d ./.Ill, 5â€ž Â·Iâ€¢ I. I. A.i '...Â·_ -- Â·A #6.4 2~ -2 . /. - 6.-, ... ' '* 4 5/20/13 HOAAPPROVALSET PROJECT NO 1301 DRAWN BY: AWL COPYRIGHT FORUM PHI. LLC 1409 CRYSTAL LAKE HOA APPROVAL SET 1409 CRYSTAL LAKE ROAD, ASPEN, COLORADO , 81611, USA - SHEET TITLE SCOPE OF WORK INCLUDES AMENDING THE CURRENT PLAT PER PROPOSED ENVELOPE PLAN AND SITE PLAN, DEMOLITION AND EXCAVATIONOF EXISTING STRUCTURE PER PROPOSED REMODEL AND ADDITION PLANS AND ELEVATIONS, SUBSTANTIALLOWER LEVEL ADDITION. MAIN LEVELADDITION UPPER LEVEL BALCONY ADDITIONS, CVR AND REPLACEMENT OF EXTERIOR DOORS WINDOWS, AND ASSOCIATED ROOF ELEMENTS AS SHOWN COVER 'BooK 32 1441 99 31 -1 FORUM PHI 715 West Main Street, Su,le 204 Aspen Colorado 81611 P (970) 279-4157 F (866) 770-5585 1 1 1 7.---21 lEi 1409 CRYSTAL LAKE P=!1-1 / 1 41? 1 / 1 1 /'~ I BOL TRUST 1409 Crystal Lake Road <- > 11 1 . 11 11 Aspen, CO 81611 / \. I 1 1 1/ 11 11 $.1 1 1/ 11 L 1 1 4 11 GARAGE EXIST!NG FENCE TO REMAIN-~- - ~ 1~_ CHASE 1 1 L-1 t 1 I f .21 4 U----- CONSULTANTS SURVEYOR f nnuff F (970) 947-9007 727 stake A nue Tuttle Surveying Services Glenwood Springs CO 81601 PÂ· (970) 928-9708 1 ~ BUTLERÂ·S KITCHEN 1 Exh MUD CLOSET -~ 1 rK 1-T J FT- CIVIL [ L -=L F -21 NE----------- ~ 63 m m ANTEROOM High Country Engineering 1517 Grand Avenue, Suite 101 E-11_. 151 T --U L.L~ \V Glenwood Springs, Colorado 81601 440 P (970) 945-8676 PORCH meal@hceng.com PANTRY c TAL MECHANICAL i , 7 E-4 1 F H ~ ~ 1 APPLIANCE R&H Mechicanical | NEWGAS FIREPLACE 1 uP 0.4 - PO Box 810. 0825A Chambers Ave 1 GUESTSUITE Eagle CO 81631 0.1 1 1-1 L NEW GUARD k \.---1 K L-1-J~ A P (970) 328-2699 L-J F (970) 328-0234 GALLERY / 1 ENTRY GALLERY STRUCTURAL F- -h. /J ~ Evolve Structural Design - 65 N 4th Street, Ste 5 J KITCHEN lf' lf--XY /-1 1 (au) Carbondale, CO 81623 CZ] -- -=] 41/ (970) 618-7708 - ELEV sara@evolvestruct com / CONTRACTOR 4- m--110 Steve Smith Construction 1 t 11 ]1 135 West Main Street _ El Â·P (970) 925-1288 Aspen CO 81611 F (970) 920-6741 1 - /97// 1 1 EXISTING SITEÂ·BUILT 4 DINING 1 r--- GAS LOG FIREPLACE LIVING 1 1 TO 8E DOU 8LE SIDED 5/20/13 HOAAPPROVALSET PROJECT NO: 1301 DRAWN BY AWL \ - i COPYRIGHT FORUM PHI. LLC NEW DEVELOPMENT -NEW GUARD TYP - 1 0 CHANGE TO EXISTiNG EXTERIOR SHEETTITLE / C HASGRILL u.3 A-102 N A-|-4 1j 1111--1 i MAIN LEVEL 1 4 8 16 FLOOR PLAN 1 1 m 3 715 V\,lest Main Street. Suite 20 1 FORUM PHI - L~ R (970) 279-4157 F: (866) 770-5585 Aspen. Colorado 81611 L.1 1/ 1409 CRYSTAL LAKE BCL TRUST - 1409 Crystal Lake Road Aspen. CO 81611 ~ r~~~ MASTER ~ CLOSET /////f CONSULTANT NEWMETALROOF \ SURVEYOR OVER MAIN LEVELADDITION Â£ Tuttle Surveying Services 727 Blake Avenue Glenwood Springs CO 81601 ~2 7 ~ P (970)928-9708 Glenwood Springs. Colorado 8160 F (970) 947-9007 / High Country Engineering CIVIL J 1517 Grand Avenue. Suite 101 BATHROOM P: (970) 945-8676 meal@hceng.corn MECHANICAL R&H Mechicanical OFFICE PO Box 810, 0825A Chambers Ave DN /8 -Il Eagle. CO 81631 f -EWSHAKESHINGLE ROOF P (970) 328-2699 & HANDRAIL ~ TO INFILL @ DEMOLISHED Wl N DOW F (970) 328-0234 STRUCTURAL LIBRARY ~ Evolve Structural Design f 65 N 4th Street, Ste 5 ===j Carbondale. CO 81623 NEW 'ALCONY OVER CONDITIONED SPACE - 1_ (970) 618-7708 * NE.GUARD LLÂ«_yj sara@evolvestruct.com COFFEE BAR -+ ELEV CONTRACTOR 44, < " I Steve Smith Construction 14,7.4 135 West Main Street 124 \ Aspen. CO 81611 P: (970) 925-1288 LOUNGE F (970) 920-6741 -i-- 1 OPEN To BELOW 5/20/13 HOA APPROVAL SET NEW ~~- PROJECT NO 1301 MASTER BEDROOM - GAS FIREPLACE APPLIANCE DRAWN BY. AWL COPYRIGHT FORUM PHI. LLC 41329 NEWDEVELOPMENT BALCONY *- NE-GUARD TIP -13 Of) CHANGE TO EXISTING EXTERIOR SHEETTITLE A-103 NÂ©4 1lj It'* 11 TRI--1 1 UPPER LEVEL 4 8 16 FLOOR PLAN 0 d I------- ------1 FORUM PHI 715 West Main Street, Suite 204 Aspen, Colorado 81611 1 p: (970) 279-4157 F (866) 770.5585 2 4 -J 1409 CRYSTAL LAKE BCLTRUST 1 19== =Â«ff 1409 Crystal Lake Road Aspen, CO 81611 1 L -11 4 - - - 41 11 CONSULTANTS NEW METAL ROOF SURVEYOR 2 12 1-L Tuttle Surveying Se.,ces TO INFILL @ DEMOLISHED WINDOW 727 Blake Avenue Glenwood Springs. CO 81601 P (970) 928-9708 F (970) 947-9007 CIVIL High Country Engineering 1517 Grand Avenue, Suite 101 Glenwood Springs, Colorado 81601 P (970) 945-8676 meal@hceng.com MECHANICAL R&H Mechicanical Eagle, CO 81631 PÂ· (970) 328-2699 F (970) 328-0234 STRUCTURAL 0 4 ff PO Box 810. 0825A Chambers Ave Evolve Structural Design 65 N 4th Street Ste 5 - (970) 618-7708 Carbondale, CO 81623 sara@evolvestruct com *~FILLÂ¢0 6%#elxW 1 CONTRACTOR 09 Steve Smith Construction 135 West Main Street Aspen, CO 81611 P (970) 925-1288 -_-_-f E- 4 F (970) 920-6741 5/20/13 HOA APPROVAL SET PROJECT NO. 1301 DRAWN BYÂ· AWL COPYRIGHT FORUM PHI. LLC 49 22 0 CHANGE TO EXISTING EXTERIOR J~ NEWDEVELOPMINT SHEET TITLE ~ A-104 ~ At-3 1 1 ROOF PLAN 16 A /'' 1 1 / FORUM PHI 11 1 715 West Main Street. Suite 204 PÂ· (970) 279-4157 F (866) 770-5585 Aspen. Colorado 81611 Fi I I / \ I'll - .. 1409 CRYSTAL LAKE --Â·04- I. ,/% ,/ BCLTRUST // 1409 CrÂ·ystal Lake Road e 0-I Aspen, CO 81611 , \ .0// 1 liN f Â· / 1 1 -*A 7 17 1 1 1 \ !4.50.R / i / , % I \ 0% 1 1 :' ! :'Lul 16*t /. / / \ /7 14.7- 1/3 \ / / Â£59LE.L. -Â· 'S. CONSULTANTS 1/: 19 \ 1 / /... 11 w 0 SURVEYOR 1 0 dIZ , Tuttle Surveying Services . V \ 15 727 Blake Avenue 11-5 ,/..... Glenwood Springs. CO 81601 " -- ~ F: (970) 947-9007 P. (970) 928-9708 \ / i 1 CIVIL 17 1 1 I High Country Engineering 1 N dE -___~ i 1517 Grand Avenue Suite 101 78 / P: (970) 945-8676 Glenwood Springs, Colorado 81601 i 7 meal@hceng com 1 MECHANICAL 1- RaH Mechicanical PO Box 810, 0825A Chambers Ave , ~ Eagle, CO 81631 P: (970) 328-2699 1 F (970) 328-0234 1~ STRUCTURAL v."-,-1-.f~2~ ~- - 1 Evolve Structural Design Â· 65 N 4th Street. Ste 5 / Carbondale, CO 81623 1 - (970) 618-7708 i i 7 i sara@evolvestruct.com -\--- CONTRACTOR - Â· 135 West Main Street Steve Smith Construction -~ ~ Aspen. CO 81611 PÂ· (970) 925-1288 \ \\ i F (970) 920-6741 7 \ --- -I__LI--- \ i \ \ \ - i - *---/- -44- TOPOF 8ANK ---- 1 40 - \ 1 '4/ - ~~~~~~~100 YEAR FLOODpLAIN \ 4/4 / / 1--a *I- 5/20/13 HOAAPPROVAL SET 1 -- PROJECT NO' 1301 -- DRAWN BY: AWL COPYRIGHT FORUM PHI. LLC AREA REMOVED FROM EXISITNG BUILDING ENVELOPE ./.. 77 + 152 5 + 273.25 = 502 75 sql AREA REDISTRIBUTED TO PROPOSED BUILDING ENVELOPE 432 75 + 31 + 39 = 502 7Ssq ft AREA REMOVED FROM EXISITNG PATIORESTRICTION AREA 3035+76525=106875 sqft AREA REDISTRIBUTED TO PROPOSED PATIORESTRICTION AREA 85625+2125=106875 sqft SHEETTITLE A-000 1-1 1 1 ze 10 20 40' 80 ENVELOPE PLAN ASEÂ»TI . / i FORUM PHI ~ 715 West Main Street, Suite 204 Aspen, Colorado 81611 i (970) 279-4157 F (866) 770-5585 / 1 1 1409 CRYSTAL LAKE BCL TRUST / 1409 Crystal Lake Road / - Aspen, CO 81611 i i i i i i i i ., I ( :-0 I Il-4131 I- ~ -- CONSULTANTS 1 \ 2?ZEUX1191.- )/ r \ SURVEYOR *. Tuttle Surveying Services S \ 39 --24 1- - S -.0- .0 727 Blake Avenue â€¢0 Glenwood Springs CO 81601 / P (970) 928-9708 - 1 1 / F. (970) 947-9007 ; o. i ~ CIVIL- i High Country Engineering i C 1. 1 Glenwood Springs Colorado 81601 1517 Grand Avenue Suite 101 1 -3 P: (970) 945-8676 1/ f meal@hceng com / a l MECHANICAL j -2.1 | / R&H Mechicanical 9 - PO Box 810. 0825A Chambers Ave 1 1 Eagle, CO 81631 P (970) 328-2699 F (970) 328-0234 i 1 I i i STRUCTURAL i i Evolve Structural Design 65 N 4th Street, Ste 5 Carbondale. CO 81623 (970) 618-7708 .J / sara@evolvestruct.com CONTRACTOR Steve Smith Construction 135 West Main Street Aspen, CO 81611 P (970)925-1288 F (970) 920-6741 801 1 -. 4/4/G pOG' i 0% / -- ~~~~~'-; 5/20/13 HOA APPROVAL SET ~~Â«Â«fILLL--- -- PROJECT NO: 1301 -- --- DRAWN BY: AWL -- -- - COPYRIGHT FORUM PHI, LLC SHEETTITLE A-002 EXTERIOR 10 20 40Â· 80 LIGHTING .)P \ FORUM PHI 715 West Main Street. Suite 204 Aspen. Colorado 81611 P (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCL TRUST "' ..............I-- <. 1409 Crystal Lake Road - -- ~ ~ Aspen, CO 81611 - L... - wv/pd v~//~45/~~///A El iki [MI 11 Em - t >41 1-iaaareeâ‚¬ --- - - 1 1 1===EE . 1 - u- 4 :.1 7' 1 2 ..} r - .- .r t -1.- L--Â·44,1 1 I E.:,2 6.U.De!!m~ 111~ *.ak- r-_ ; 4 - 1 r- - 111--*24.e=*f~ -35 - : C - 4 1 P,QD - , ' Â£ SURVEYOR Glenwood Springs. CO 81601 CONSULTANTS '14 T Tuttle Surveying Senices 727 Blake Avenue .i- P. (970) 928-9708 $ F (970) 947-9007 CIVIL NORTH VIEW - EXISTING NORTH VIEW - PROPOSED High Country Engineering 1517 Grand Avenue. Suite 101 Glenwood Springs, Colorado 81601 P' (970) 945.8676 meal@hceng com MECHANICAL R&H Mechicanical -- PO Box 810, 0825A Chambers Ave Eagle CO 81631 P (970) 328-2699 F (970) 328-0234 STRUCTURAL - .Â£-- ...I- EJ 06<992.6.*I.*-/Aid Evolve Structural Design 65 N 4th Street, Ste 5 Carbondale. CO 81623 (970) 618-7708 sara@evolvestruct com CONTRACTOR ,Â£.._49 7 -~ Ey, - - A~A Steve Smith Construction 135 West Main Street Aspen. CO 81611 " I mt, 0Â¥2 111 Bl li Hi 111 - - P (970) 925-1288 1.4 -14 . F (970) 920-6741 - . F LE' 1,1 1 - - ,/m .... , . -UZZÂ» 1 1 --- - -1Â·â€¢6.Er -, 13 t- -li= f ./~ --J______- _ ; 4 ' 1 1 - 1-r., i j. 4 6- J.- "11 -- '==,1 I '-1 !' - - .1 -,rÂ·r-r-r- . 'i Â· '~ 11:,IN i Le l' - , I -- < -LL--ELI~....6 -22 ~-F~--- Ir-Ti i Ift-t 1 1 . 1 5/20/13 HOAAPPROVAL SET WEST VIEW - EXISTING WEST VIEW - PROPOSED PROJECT NO: 1301 DRAWN BY AWL COPYRIGHT FORUM PHI. LLC SHEET TITLE A-003 RENDERINGS FORUM PHI 715 West Main Street, Suite 204 Aspen. Colorado 81611 P (970) 279-4157 FÂ· (866) 770-5585 I i. I ./22=21=- 1409 CRYSTAL LAKE 2.~12-29 BCLTRUST 1-/.6--/,- ..401"EM 1409 Crystal Lake Road Aspen. CO 81611 -- 7 i R uccE[_1 3 JE~ 21 Â®N 8 .1. 2 - N.< .E;Il Ful.Â· - 1,-I; ' Pll".'1 1 1T~~~_ . 1,1 1 11]11 mili. cm ..7/.124:1 - 616- _ i '.-- Â·(mmit#/fz *--~93==--- 3 -- 11; 41 1 1Â£-1 1 111 *VI.Al/1/~34&5 ..t1 4;22tg *M-- ---2,2,/ - - --- -U#9,1 1111 I.{ 23.~t , -#Pkh...;-~ 1 iÂ¥=vt-,â€¢Er=-6.4,-~ - ~ r..1 - * ~ ~Â« le'JA "- I 13:ar-Â¢ Â·f- 399<37 - tr,P" 7*2=Â« " - 14 â€¢4 -7 1.-< CONSULTANTS - --.r> 1 , SURVEYOR 12 09>,0 727 Blake Avenue r Tuttle Surveying Services I P - )-- ' ** -.4. Glenwood Springs. CO 81601 P (970) 928-9708 F (970) 947-9007 CIVIL TERRACE VIEW - EXISTING TERRACE VIEW - PROPOSED High Country Engineering 1517 Grand Avenue. Suite 101 Glenwood Springs, Colorado 81601 P: (970) 945-8676 meal@hceng com MECHANICAL R&H Mechicanical PO Box 810. 0825A Chambers Ave Eagle, CO 81631 P: (970) 328-2699 F (970) 328-0234 STRUCTURAL Evolve Structural Design m. .- 65 N 4th Street. Ste 5 Carbondale. CO 81623 . , ~ (970) 618-7708 : sara@evolvestruct com â€¢t Â· ---4441 , L+. 1-43... I Â· CONTRACTOR L 97<4/ 5 Itdr~1 i:%# --__ .1 ~CL__3~-#,E #1= tlt; 4 ~ *~15 ri ..1 .1#14#M ..UL:21-- .1<261 k Steve Smith Construction - r 11 ri , I n li 135 West Main Street 3~nwit:F-40 Aspen, CO 81611 P (970) 925-1288 F (970) 920-6741 I- \24 7 - - 1 11 1 I i I-t-~~ ~ 7 --1. 1...4..< i ..'. 4%4 - 4 . ., -445*8:0 r Â» 5/20/13 HOAAPPROVALSET SOUTH VIEW - EXISTING SOUTH VIEW - PROPOSED ' PROJECT NO, 1301 DRAWN BYÂ· AVUL COPYRIGHT FORUM PHI, LLC SHEET TITLE A-004 RENDERINGS FORUM PHI 715 West Main Street, Suite 204 Aspen, Colorado 81611 P. (970) 279-4157 F: (866) 770-5585 U-1- 1 1409 CRYSTAL LAKE BCLTRUST 1409 Crystal Lake Road / Aspen, CO 81611 K=19-2 T I 1 1:* 1 i j./1 1:.:r. 111:1. - 2 ----_--d 1 1 2 - , 11 .713ILL B 1 2 :. 1 -1 7-1 'll .1 8 - - LU . " 1 ~ ;~ ::.;r-'-- - - CONSULTANTS -1 1 W SURVEYOR Tuttle Surveying Selvices /2 1 1. 2 1 727 Blake Avenue f 9 9 La z PÂ· (970) 928-9708 Glenwood Springs CO 81601 f.. :. 1 4- Â¢--Â¢2 ' 1 LU F. (970) 947-9007 / 9 . Ul f f 799425 11 4-1 ~~~i~--~ ~ -- ~~~~~ 19 g CD CIVIL High Country Engineering 1517 Grand Avenue, Suite 101 10 Glenwood Springs Colorado 81601 P (970) 945-8676 i? 1 9 1 =J meal@hceng com D MECHANICAL 1 2Â£~~ ~~-4.i_-m R&H Mechicanical PO Box 810 0825A Chambers Ave 1 -4 -.@1 Eagle, CO 81631 P (970) 328-2699 F (970) 328-0234 STRUCTURAL 7991.25 | Evolve Structural Design 1 1 t. 11 - = â€¢ 7980 65 N 4th Street, Ste 5 Carbondale, CO 81623 1 . (970) 618-7708 AMENDED EXHIBIT'A' TO AMENDMENT TO PROTECTIVE COVENANTS sara@evolvestruct.com 1 1 ..ICI f LOT 9 GORDON/CALLAHAN RESUBDIVISION 135 West Main Street ENVELOPE HEIGHT RESTRICTION CONTRACTOR Steve Smith Construction ,Lrz ii j .NO STRUCTURE TO EXCEED ELEV 7994 11. P (970) 925-1288 Aspen. CO 81611 Â· 1,0 F (970) 920-6741 11 -- ICOA lEi j E--:i NO STRUCTURE TO EXCEED ELEV 7996 \ / 3- < 1 W -/' 1 NO STRUCTURE TO EXCEED ELEV 8000 1 - - 7971 ~ < Â» - - il j ~ 211 NO STRUCTURE TO EXCEED ELEV 8003 1 8010 I g NO STRUCTURE TO EXCEED ELEV 8004 1 1 2 111** NO STRUCTURE TO EXCEED ELEV 8007 7967 Il ' â€¢ i 7982 1 M 5/20/13 HOAAPPROVALSET 7991 25 / Pt 1 12 NO STRUCTURE TO EXCEED ELEV 8009 7980 1 NO STRUCTURE TO EXCEED ELEV 8011 PROJECT NO 1301 1 --3 F~~ 7983 12 DRAWN BY- AWL NO STRUCTURE TO EXCEED ELEVAS NOTED 1 15 --- _ COPYRIGHT FORUM PHI, LLC --- -1- --- SHEET TITLE A-005 EXHIBIT 'A' ')P \ . FORUM PHI 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCL TRUST 1409 Crystal Lake Road Aspen, CO 81611 'tax i- CONSULTANTS 11 LIlli SURVEYOR 4- - OVER MASTER BATH P (970) 947-9007 11 91 .-1 *mli Glenwood Springs CO 81601 Tuttle Surveying Services 727 Blake Avenue IEE 111111111 -EWSTANDINGSEAMMETALROOF P (970) 928-9708 - ~ *t C I VIL 1517 Grand Avenue, Suite 101 High Country Engineering 111' 2 3 4 111'Â·2 3/4 TO PLY @ UPPE R L EVIL | TO PLY @ UPPER LEVEL Glenwood Springs, Colorado 81601 -------- ------ --tÂ«_- -----f----- -- - - - ---- ------ - - -----K ,Â«7> A. â‚¬~=Zh- - NEW STANDING SEAM METAL ROOF P (970) 945-8676 _ J OVER GARAGE ADDITION meal@Iceng.com ~ 7 _ _ MECHANICAL R&H Mechicanica I PO Box 810. 0825A Chambers Ave - _ *// 9/I i Eagle, CO 81631 P (970) 328-0234 P: (970) 328-2699 J 100'-7 -- -- 100 -0 STRUCTURAL TO PLY @MAIN LEVEL | ( TO PLY @ MAIN LEVEL Evolve Structural Design r-uÂ»f 65 N 4th Street. Ste 5 Carbondale, CO 81623 (970) 618-7708 sara@evolvestruct,com CONTRACTOR Steve Smith Construction 135 West Main Street Aspen CO 81611 P (970) 925-1288 88/ , 88'-6 F (970) 920-6741 TO PLY @ LOWER LEVEL | , TO PLY@LOWER LEVEL L 1 1 -1 1 EAST 3/16" = 1'-0" 5/20/13 HOAAPPROVALSET PROJECT NO: 1301 DRAWN BY: AWL COPYRIGHT FORUM PHI, LLC NQIES 1 NEW EXTERIOR STONE vENEER TO MATCH EXISTING 2 NEW DOORS AND WINDOWS TO BE CONSISTENT WITH EXISTING CHARACTER 3 NEW GUARDS TO BE CONSISTENT WITH EXISTING CHARACTER 4 NEW METAL ROOF TO ./CONSISTENT VATH EXISTING CHARACTER SHEET TITLE A-201 7-0-1 1 4 8 16 ELEVATIONS .)P . . FORUM PHI 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCL TRUST 1409 Crystal Lake Road Aspen. CO 81611 1 //0/ /57 CONSULTANTS SURVEYOR Tuttle Surveying Selvices 727 Blake Avenue Glenwood Springs. CO 81601 P (970) 928-9708 F (970) 947-9007 NEW ROOF OVER REPLACED WINDOWS TYP -~27 reÂ«Â»-3 /1 1 CIVIL 111.2 3/4~ i mÂ·.2 34 1517 Grand Avenue, Suite 101 11 High Country Engineering TO PLY@ UPPER LEVEL | C |'rut-Ilj IIi . TOPLY@UPPER LEvEL Glenwood Springs, Colorado 81601 P (970) 945-8676 P (970) 328-2699 1 *ltill@1 meal@hceng com - r- MECHANICAL RaH Mechicanical faa i PO Box 810 0825A Chambers Ave Eagle, CO 81631 NEWGUARD TY[ F (970) 328-0234 21.1.131 4.A L j/3;El'11[1~- Â»1001.0 STRUCTURAL A /v TO PLY @ MAI N LEVE L Evolve Structural Design 98 6 TO PLI @ MAIN LEVE L --,7 - 65 N 4th Street. Ste 5 Carbondale. CO 81623 (970) 618-7708 sal@evolvestruct com CONTRACTOR Steve Smith Construction 135 West Main Street Aspen. CO 81611 P (970) 925-1288 F (970) 920-6741 --1 -- --V 1 1 , 1 2 SOUTH 3/16" = 1'-0 5/20/13 HOAAPPROVAL SET PROJECT NO: 1301 DRAWN BY AVA- COPYRIGHT FORUM PHI, LLC NQIEI 1 NEW EXTERIOR STONE VENEER TO MATCH EXISTING 2 NEW DOORS AND WINDOWS TO BE CONSISTENT WITH EXISTING CHARACTER 3 NEWGUARDS TO BE CONSISTENT WITH EXISTING CHARACTER 4 NEW METALROOF TO BE CONS!STENT WITH EXISTING CHARACTER SHEET TITLE A-202 ELEVATIONS 16 .PP FORUM PHI 715 West Main Street, Suite 204 Aspen. Colorado 81611 P: (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCLTRUST 1409 Crystal Lake Road Aspen, CO 81611 E----7 443 CONSULTANTS SURVEYOR 6. . jiÂ·. I; ... CIVIL Tuttle Surveying Simms 727 Blake Avenue Glenwood Springs. CO 81601 P (970) 928-9708 VOF.--23--+i,<t-Ii' F (970) 947-9007 NEWGUARD TYP + (Firf-4->Ff-: if,~1- If'iM illpllilk~ 1 Ill-2 3/4- 1517 Grand Avenue, Suite 101 TO PLY @ UPPER LEVEL -- - c h____iL- ~ 1 I ' 1 --mil- i/kal 47-Â»0 Glenwood Springs. Colorado 81601 High Country Engineering - 477> .Â«=mbl _ _ P (970) 945-8676 OV~"ili'ACED WINDOWS TY- -(1 1 1 - - - J meal@hceng com 2 -- -- __ -- fF- 5 - - -Â· MECHANICAL -- - - - - - ~ ~] P (970) 328-2699 R&H Mechicanical PO Box 810, 0825A Chambers Ave Eagle, CO 81631 tooÂ·0- % -_ RETFI~'111%~lrkirÂ©111[lf_-_fllilliTS 100-0 STRUCTURAL - - - F (970) 328-0234 TO PLY @MAIN LEVEL 1 1 -A - - - -- 1 - 1 ~~JUÂ»~~ ~< k.._.A_.,A AkAAAkAA' : , i ' TO PLY @ MAIN LEvEL Evolve Structural Design 65 N 4th Street, Ste 5 V------1 Carbondale, CO 81623 (970) 618-7708 1 1 1 1 -- --I | sara@evolvestruct.com CONTRACTOR ~ Steve Smith Construction - ---- 1 ~ 135 West Main Street _ I Aspen. CO 81611 P (970) 925-1288 F (970) 920-6741 87 0- ----- ----- -- i _- 10 'LY @ LOWER LEVEL | - 1 1 1 i- r '1 r WEST 3/16" = 1'-0" 5/20/13 HOA APPROVAL SET PROJECT NOÂ· 1301 DRAV,N BY. Am COPYRIGHT FORUM PHI. LLC IQI,2 1 NEW EXTERIOR STONE VENEER TO MATCH EXISTING 2 NEW DOORS AND WINDOWS TO BE CONSISTENT WITH EXISTING CHARACTER 3 NE. GUARDS TO BE CONSISTENT WITH EXISTING CHARACTER 4 NEW METAL ROOF TO BE CONSISTENT WITH EXISTING CHARACTER . SHEET TITLE A-203 ELEVATIONS .. FORUM PHI 715 West Main Street. Suite 204 Aspen.Colorado 81611 P. (970) 279-4157 F (866) 770-5585 1409 CRYSTAL LAKE BCL TRUST 1409 Crystal Lake Road Aspen, CO 81611 - 1 1 1 L-J CONSULTANTS I SURVEYOR Tuttle Surveying Services 727 Blake Avenue i/Â¢ PITEr-lEi 8 JEEE M E- F (970) 947-9007 Glenwood Springs. CO 81601 P (970) 928-9708 111 234" - PE.*ti f CIVIL Illj!~1 ]~, ~Il NE. GUARD TYP High Country Engineefing t ~ _ _+ 111'-2 3/4- 1517 Grand Avenue. Suite 101 TO PLY @ UPPER LEVEL ~ 2- 1 ~ L -EZZI - MECHANICAL 1 1/ (1 1 1 -11 1/1 1 TO PLY @ UPPER LEVEL Glenwood Springs, Colorado 81601 PÂ· (970) 945-8676 LINE OF EXISTING FENCE ~ meal@heeng com 1 lt " 11 7E= UL-1 R&H Mechicanical PO Box 810, 0825A Chambers Ave Eagle, CO 81631 1 1 FÂ· (970) 328-0234 1000 11 ------- i) 0,~f~ P (970) 328-2699 T:feY@ MAIN LEVEL STRUCTURAL 10 PLY @MAIN LEVEL | Evolve Structural Design 65 N 4th Street. Ste 5 Carbondale, CO 81623 (970) 618-7708 ] ] sara@evolvestruct.com CONTRACTOR Steve Smith Construction Aspen CO 81611 135 West Main Street P (970) 925-1288 88-6- J F (970) 920-6741 -------------- TO PLY @LOWER LEVE L 1- ___'_____ 87-0 | PLY@ LOWER LEVEL 4 NORTH 3/16" = 1'-0" 5/20/13 HOAAPPROVALSET PROJECT NOÂ· 1301 DRAWN BY AWL COPYRIGHT FORUM PHI, LLC NQIEJ 1 NEW EXTERIOR STONE vENEER TOMATCHEXISTING 2 NEW DOORS AND WINDOWS TO BE CONSISTENT VinTH EXISTING CHARACTER 3 NEW GUARDS TO BE CONSISTENT WITH EXISTING CHARACTER 4 NEW METAL ROOF TO SE CONSISTENT WITH EXISTING CHARACTER SHEETTITLE A-204 ELEVATIONS Â·,Â· 1 . 2 , 800x 578 m9731 L . _. Recorded at o'clock _.M. Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Catherine H. MeMahon, Esq. Garfield & Hecht, P.e. 601 East Hyman Avenue S N CO Â¢Â·,~,fÂ· Aspen, Colorado 81611 - Z 00 03 CP, O FE 0 >C < 0-2 :1 5 01 AMENDMENTS TO O PROTECTIVE COVENANTS 3 ~E OF '-O -28 (.3-1 IC b.' ASPEN CLUB LOTS 1 THROUGH 10 06 M -A CO /0 Pursuant to Article IX, paragraph 2, of the Protective Covenants of Aspen Club Lots 1 through 10, of the Callahan , Subdivision as shown on the plat of said Subdivision, which plat has been filed for record in the real property records of Pitkin County on May 19, 1976 in Plat Book 5 at Page 7 as Reception No. 183889, as amended, the Protective Covenants are filed for record . in the real property records of Pitkin County, Colorado in Book 475 at Page 236 as Reception No. 263351 ("Protective Covenants"), the 0.--0 undersigned corporation and John A. Elmore II, owner of Lots 1 through 9, Calahan Subdivision constituting ninety percent (90%) of the membership in Aspen Club Lots 1 through 10 Homeowners' Association, adopt the following amendments to the Protective A Covenants: 1-/0- FIRST: Article IV, paragraph 1, page 2 -- Delete paragraph 1 in its entirety and substitute the following text: 1. Architectural Committee. The Architectural Committee shall be made up of three (3) members including Lionel , L. Yow ("Yow") or his designee, John A. Elmore ("Elmore"), or his designee and Frederic A. Benedict or his designee. In the event of the death of Yow without his appointing a designee, such designee shall be appointed by Elmore or his designee. In the event of the death of Elmore without his appointing a designee, such designee shall be appointed by Yow or his designee. In the event of the death of both Yow and Elmorb.without their appointing a designee, such designees shall be appointed by Andrew V. Hecht or his designee. Should any vacancy exist in the Architectural Â£ Committee and these covenants not provide for filling such vacancy, Â·, f it shall be filled by action of the Board of Trustees. Said I Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument. 1 < . b : ill%'. -Â·A : r I 1-4-t'f~1 - < & 4 c.it r ' 4.58 ' B, 5'78 .7,11) MOK PAGE /Jf. L SECOND: Article IV, paragraph 4, page 4 -- Retain the existing text and add the following text after the existing paragraph 4, Article IV: 4. General Requirements. ... ,In its review of any proposed development activity, the Architectural Committee shall evaluate among other things that effectuate the purpose of this paragraph, the materials to be used on the outside of buildings or structures, including exterior colors, harmony of architectural design with other structures within the Subdivision, location with respect to topography and finished grade elevations and harmony of 0 - i .i.:t : landscaping with the natural setting and native trees, bushes and 1....i Â·: 1 other vegetation within the Subdivision. ,/'Â·Â·.1, ; . THIRD: Article IV, paragraph 6, page 5 -- Retain the existing text and add the following text after the existing paragraph 6, Article IV: 6. Architectural Plans. . . . . Any such 1 1 Â· architectural plans must include the following minimum 1 3. requirements: d i (1) a site development plan with respect to the topography and delineating the proposed improvement in 1 the scale of one (1) inch equals ten (10) feet; 1 r (2) floor plans showing the exterior elevations and a building section showing the way in which the 19/'=m". improvements fit into the topography; and (3) a complete list of all materials and colors to be used and samples of the same. 1 The Architectural Committee shall have the right to 4 request whatever additional specific information, plans, 1~ specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process, In addition, the Architectural Committee may adopt rules and regulations which shall specify what 4nformation, reports, plans, specifications and the like are required to be submitted to the Architectural Committee. FOURTH: Article V, paragraph 6, page 7 -- Delete paragraph 6 in its entirety and substitute the following text: 6. No Resubdivision. With the consent of the owners of Lots 8 and 9, said Lots may be combined or their lot lines adjusted. Further, with the consent of the owners of Lots 8 and 9, said Lots may be resubdivided in combination with contiguous . , property outside the Callahan Subdivision, resulting in Lots 8 and 9 being either smaller or larger in area. A Lot other than Lots ' 8 and 9 may be resubdivided into a smaller parcel, or conveyed or i: encumbered in a manner less than the full original dimensions as . shown on the recorded Plat, only as may be approved in writing by i 2 , 1. liA 4%Â®t 11 i ImrÂ·*Â·. . 1 1 I 1 l.. 000* 578 Pw 733 ' either Lionel Yow or John Elmore; provided, however, that as to any Lot, conveyances or dedications of easements for utilities or roads may be made for less than all of one Lot. FIFTH: Article V, paragraph 10, page 9 -- Retain the existing text and add the following text after subparagraph (3): â€¢ 10. Number and Location of Buildings. .... As to Lot 4 the setbacks shall be as follows: (1) the front yard setback shall be no less than twenty- ... -,f'. five (25) feet from Crystal Lake Road as it turns into Centennial Circle; 1.1 71.... (2) the side yard setbacks shall be no less than ten (10) feet; and (3) the rear yard setback shall be no less than eighty i (80) feet. As to Lot 6 the setbacks shall be as follows: ' h . (1) the front yard setback shall be no less than forty- 4. i five (45) feet from Centennial Circle; (2) the westerly side yard setback shall be no less than L ten (10) feet; 0.='".:I- t (3) the easterly side yard setback shall be no less than 25 feet along the common property line between Lots 5 and 6 described as N 39 45'E 105.64 feet, from which point ~ ~ it shall be no less than 10 feet along the common 82 feet; and property line between Lots 5 and 6 described as N 11 00'E V (4) the rear yard setback shall be no less than fifteen (15) feet. As to all Lots other than Lots 4 and 6, all yard setbacks shall be in compliance with the zoning regulations of the City of Aspen, Pitkin County, Colorado, as provided in Article V, paragraph 1, herein. SIXTH: Article VI, page 12: Retain the existing text DO and add the following paragraphs to the existing Article VI: 3. Grant of Rights and Licenses to Adjacent Property Owner. Each lot owner hereby grants to Lionel L. Yow, the owner of the adjacent property described in Exhibit A attached hereto ~i which is incorporated herein and made a part hereof by this reference, his successors and assigns, the same rights and licenses granted to each lot owner as set forth in paragraph 2 of the Protective covenants. 3 Â· ti.;64'0 111*AL_ , 1 1 /2.7.4. 2 1Â· 44-t 40 + . LNE E- 1 .A R ?.1 Â·1: 1 1 noow 578 PAGE'734 P L 4. Grant of Easement to Adiacent Property Owner. The owners of each of Lots 7, 8 and 9 shall be permitted to grant an easement for ingress and egress and utilities over and across their property to Lionel L. Yow, the owner of the adjacent property described in Exhibit A hereto, his successors and assigns. SEVENTH: Article IX, paragraph 2, page 21, line 5 -- Delete the erroneous date, "March 1, 1028" and substitute "March 1, 2028" as originally intended. IN WITNESS WHEREOF, Aspen Club Lots 1 through 10 Home Owners' Assoclation has executed this instrument this -1&- day of 9, i November, 1988, 4 4 / Jo\n A. Elmore II, -Lotfs 1 through 9, and as < indl.vidually as owner of 1 President of Aspen Club i Lots 1 through 10 Homeowners' Association i STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 4,=-"I. Before me,d(kIA A Fluue>,re ,'Flr-, a notary public in and for Â¥.-0. the said County and State, personally appeared John A. Elmore II . who acknowledged before me that he is the owner of Lots 1 through t' 9, Callahan Subdivision, according to the recorded plat thereof, County of Pitkin, State of Colorado, that he is the President of '7- Aspen Club Lots 1 through 10 Homeowners' Association, Inc., a ,--06 Colorado non-profit corporation, and that he signed the foregoing 1 Amendments to the Protective Covenants of Aspen Club Lots 1 through 10 as his free and voluntary act and deed. < WITNESS my hand and official seal. 1 My commission expires: .3~/25~90 ~ ' Â·Â·'*OTA/43 - Notary Public d) (1 A Ca 6On/aug-9 -L_j 1 S f Â£ i 4 1 4: i -h-Â·' 4~.:.B , int>?&. ; , /2 110629'- / '. ly/,I<. .lt. - . . -1 , ~2'â€¢ F, . Â·.-/..2/I:li-Â·/rt' '18i_ -- I CMÂ· i IA , 8001[ 578 m. 735 EXHIBIT "A" Lot 2, Gordon Subdivision, according to the Plat thereof recorded August 16, 1983 jn Plat Book 15 at Page 25 as Reception No. 252398. County of Pitkin, State of Colorado. Â·. f t L ju 1 21 5 ~ 14'fit--5 : 1,41 41857. 42 6,9.1 Â· , ' , ' 1,4,Â¥ . la, r. t . .:t,- A.' 28 ' 1 1,14 *, ... . I .teS .49.<f 446,22. 11 '. 1 4 ..A' 2 r,#. a ' ~9Â«9 Â·8066"46 - 1 , ..4 ye, 4,11 ... { .Â·f: .1 .14 ' 6 Nyâ‚¬' *,1,4. - I . 1.- 15,7144 ., . 9 #362895 11/04/93 11:19 Rec $5.00 BK 729 Pe 504 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 CONSENT To RESUBDIVISION ....: 4 BER O.7. / COMBINATION OF LOTS 14Â·4~ For good and valuable consideration, Dennis E. Nixon and A. 11 .'.9 Federico Longoria, Jr., as the Owners of Lot 8, Gordon/Callahan P ' Of... Resubdivision, hereby consent to the resubdivision of Lot 9, Gordon/Callahan Resubdivision aid its combination with Lots 2A, 2B i ~ ~.. 1.1 and 2Â¢ of the Gordon/Callahan .tesubdivision. -/'t This consent is given in accordance with terms of Amended ..... Article V, Paragraph 6 of the Protective Covenants for Aspen Club Lots 1 through 10, as set forth in the document entitled Amendments to Protective Covenants of Aspen Club Lots 1 through 10 recorded in Book 578 at Page 731 of the records of Pitkin County, Colorado. , IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and~~als this I day of SENER&~r, 1993. i C 'I 'D.. By: 474.~ f~- By,r F-6-_ - Dennis E.' Nixon A. peneric~_ffgoria, Jr. , TEXAS STATE OF (30*GRABO ) 2 WEBB ) SS. COUNTY OF PEJ ) 9/ 4 The foregoing instrument was acknowledged be fore me this 1st. day of September, 1993 by Dennis E. Nixon. October Wi +.,-GG-My hand and official seal. | /94 A,r)-1 : 1 NTEÂ¢.gmission Expires: 09-09-96 : I f '~~.' ~tÂ·Â·Â·Â·~ ~ Nita:Â·> Pub' c 2 : 4.1 4/.3 1 1 31-\Tâ‚¬ CE- TE>AS dal 0 4--1- 7/ | ~ Comm. Exp. 09/69/96 Notary Public State of Texas STATE OF CeneRABO ) tÂ· WEBB ) SS. COUNTY OF BPP:*LN ) AL V The foregoing instrument was acknowledged before me this lib day of September, 1993 by A.Federico Longoria, Jr. October r Â·. 1 Witness my hand and official seal. My Commission Expires: 09-09-96 0._C... o. 4.o-,u..L ~ Â»-- Avi...A A. BENAN'l.DES Notary Public State of Texas 2/ 1 ,\ teÂ·-.3 ry 2 .5 7 CUIT_Â· IF TEN.19 ~.... 4 | c-) Ccm.m. E:,9. 09/09,93 LIt. L_.-, tnwrlf T te#aspirir (vicor,ient ' t -33%. ./ '.D, Â£ *,wa.'awÂ»944:F. r Rjok- ke,%407 . t 494_ 4 9-1 \ ?t 14-9 -Â»L RE\ 96 - (303 4-26 9 2.112 4 91-a,Ayja,Edli \OP- j ORDINANCE NO. 41 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, FOR LOTS 2A, 2B, AND 2C OF THE GORDON SUBDIVISION AND A LOT LINE ADJUSTMENT FOR LOTS 8 AND 9 OF THE CALLAHAN SUBDIVISION AND VESTED RIGHTS FOR LOTS 8&9 OF THE CALLAHAN SUBDIVISION AND LOTS 2A, 28 AND 2C GORDON SUBDIVISION, ASPEN COLORADO WHEREAS, pursuant to Sections 7-903 and 7-1001 of the Aspen Land Use Code, the applicant submitted an application for a PUD review and Subdivision for the subdivision of Gordon Lot 2 into three lots for the development of three single homes; and WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use Code, the applicant also requested a Lot Line Adjustment for Lots 8 and 9 of the Callahan subdivision for the development of a single family home; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter " commission") on March 21, 1989 to consider the conceptual PUD review, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved conceptual PUD of a site plan that included four homesites plus Lot 9; and - WHEREAS, the City Council, at their April 24, 1989 meeting, approved, with conditions, the conceptual PUD development plan for only three homesites and Lot 9 and required an accessory dwelling unit in every home; and WHEREAS, the applicant submitted a final PUD/Subdivision development plan for three Gordon lots (2A, 2B, and 2C) for Final 1 PUD/Subdivision review; and WHEREAS, at a March 20, 1990 meeting, the Planning and Zoning Commission reviewed the proposal and the representations of the applicant and reviewed the Planning Office memo; and WHEREAS, the Commission amended the conditions of approval and approved the stream margin review and conditional use for accessory dwelling units and recommended to the City Council Final PUD/Subdivision approval with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Flnal PUD/Subdivision as recommended by the Aspen Planning and Zoning Commission, for Lots 2A, 2B, and 2C of the Gordon Subdivision with the following conditions: A. Prior to the issuance of any excavation, foundation, or building permits: 1. the Final Plat shall be filed, the Plat shall contain, but not limited to: a. Surveyor's certificate to Indicate date of survey, performance in accordance with CRS 1973, Title 38, Article 51, and closure within a limit of 1/10,000. b. Note the plat amend plats recorded at books and pages (engineering department can provide the information). c. Monumentation of all property corners, including witness corners "on line" for corners in the river. d. Adjacent subdivision - Gordon Subdivision; Riverview Association Subdivision. e. The City approval certificate should read "approved the day of , signed this day of " f. A fisherman's easement along the river's edge for a stance of five feet from the mean high water line, or at least in the river to the mean high water line. g. The water line easement. h. All existing and proposed sewer easements. i. The seven foot strip that has been included in the revisions to Lot 8 of the Callahan Subdivision. j. Accessory dwelling units on Lots 2A and 2B and 2C and 9. k. Revised building envelopes for Lots 9, 2A and 2 B as approved by the Planning and Zoning Commission. 1. The man-made rock wall, not to exceed 30". 2. an approved and recorded copy of deed restrictions for the four accessory dwelling units shall be filed with the Housing Authority, the deeds shall lnClude, but are not limited to: a. The Owner hereby covenants that the Accessory Dwelling Units described shall at all times remain rental units and shall not be condominiumized. b. The Owner shall have the right to lease the Accessory Dwelling Units to "Qualified Residents" (pursuant to the Housing Guidelines) of his/her own selection. Rental or lease is limited to only 3 Qualified Residents. Such individuals may be an f. employee of the Owner, or employed as a resident caretaker, provided such a person fulfills the requirement of a qualified resident. C. Written verification of employment of persons proposed to reside in the Accessory Dwelling Units shall be completed and filed with the Housing Authority prior to occupancy and must be acceptable to the Housing Authority. d. Lease agreements executed for occupancy of the Accessory Dwelling Units shall provide for a rental term of not less than six consecutive months. 3. appropriate construction mitigation measures shall be identified, and reviewed and approved by the Engineering Department, to reduce erosion potential during construction. 4. a Subdivision Agreement shall be filed and shall include, but not limited to: a. a schedule of utility costs associated with the provision of public utilities. b. restrictive covenants restricting building materials to wood siding, non-reflective metal or wood roofs, and masonry rock to compliment the residences in the Callahan Subdivision. 5. an escrow account shall be established for bridge and/or trail construction contributions. 6. the quit claim deed shall be recorded with the Pitkin 4 I I County Clerk and Recorder concurrent with the applicants final plat and a copy provided to the City Attorney. 7. a site specific inventory of bank stabilization, vegetation removal, pruning etc. for along the river bank shall be reviewed and approved by the Parks, Engiheering and Planning Department. No disturbance of any vegetation, except for what has been approved, between the building envelopes and the river will be permitted without Stream Margin Review. This shall include decks or any other structures or improvements between the building envelop edge and the rivers edge. B. The allowable floor area for each of the five lots shall not exceed the following floor areas (not including the bonus for accessory dwelling units) as submitted in the final application: Lot 2A 4,700 square feet Lot 2B 4,530 square feet Lot 2C 6,120 square feet Lot 8 4,670 square feet Lot 9 4,620 square feet C. The accessory dwelling units shall be eligible for the floor area bonus, not to exceed 250 square feet, as provided in Ordinance 1. D. The applicants shall join a special improvements district if one is formed. E. Prior to issuance of any Certificate of Occupancy for each lot, all areas disturbed as a result to construction shall be revegetated. 5 F. The City requests that any excavated boulders greater than 36 inch diameter, which the developers do not use, be provided to the City for public works use. Section 2: That it does hereby grant a lot line adJustment for Lots 8 and 9 of the Callahan Subdivision with the following condition: a. The allowable floor area for Lot 9 shall be 4,620 square feet. b. Prior to the issuance of any excavation, foundation, or building permits, the applicant shall include language on the Gordon Final Plat that indicates that lots 8 &9 of the Callahan Plat have been adjusted. Section 3: That is does hereby grant Vested Rights for a period of three (3) years from the effective date hereof in accordance with the terms and provision for Lots 2A, 2B, and 2C of the Gordon Subdivision and Lots 8 & 9 of the Callahan Subdivision. Section 4: That the City Clerk be and hereby 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 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the 6 ' I. remaining portions thereof. 4 Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7: A public hearing on the Ordinance shall be held on the 9 day of July, 1990 at 5:00 P.M. 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 one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the // day of , 1990. 4* William L. Stirling, Mayor ATTEST: E-Ull 4.Â·Guj Kathryn S (/loci, City Clerk FINALLY, adopted, passed and approved this ~ day of William L. Eptfirling, May#r ATTEqT: 6Â« 3-,J74- 4Â«_ Kathryn S~f/Koch, City Clerk ' . 7 RECEPTION#: 595626 /31/2012 at 12:34:24 PM, 1 OF 3, R .00 , DF $0.00 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Thomas Genshaft Cramer LLP 39 Boomerang Road, Suite 8130 Aspen, Colorado 81611 Attn: Ben Genshaft, Esq. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated as of the 284 day of December. 2012, between BARBARA BECKWITT, as to a 2% undivided interest as Tenants in Common (the "Grantor"), whose street address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063, and THE BECKWI'IT MANAGEMENT TRUST, C'GranteeD, whose street address is 1707 Maiket Place Boulevard, Suite 250, Irving, Texas 75063. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell convey and confinn unto Grantee all of that certain real property in the County of Pitkin and State of Colorado that is legally described on the attached Exhibit A (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and deknd the quiet and peaceable pOS=ssion of the Property by Grantee, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor; subject to any matters of record; property tax liens; the effects of inclusion in any special, conservancy and/or improvement districts, and all zoning and land use laws and regulations. Iremainder of page intentionally blank] RECEPTION#: 59562 /31/2012 at 12:34:24 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. ECAd. AlkYAX BARBARA BECKWITT STATE OF 04-n b 1 At, . ) SS. COUNTY OF Flm A 1 The foregoing instrument was acknowledged before mc this 28'~ day of December, 2012, by Barbara Beckwitt. Witness my hand and official seal. My commission expires: gul.1 20' 201 107 .... 0 EKOTARY , li 2 PLE if --40-- 3 Notby TAC ~ r U * ..PUBLE .Â·* 178.4..Eer C.TY OP ASPh:N c,97 CF ASPEN Fy.934/1 FECM WHITT -,c-sT FROM HRET-1- DA'LE REP. i No. 324" 1 REP f NO. 141Â·i /&4% A..4 1,; 71 2 RECEPTION#: 59562 /31/2012 at 12:34:24 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A to SPECIAL WARRANTY DEED Legal Description Lot 9, GORDON / CALLAHAN RESUBDIVISION, according to tile Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat Lot 9 Gordon / Callahan Resubdivision recorded November 4, 1993, in Plat Book 32 at Page 99; Together with access to such real property, and ingress and egress to a public right of way, through Callahan Subdivision arising under Protective Covenants, Aspen Club Lots 1 through 10, recorded in the real property records of Pitkin County, Colorado, on October 17, 1984 under Reception No. 263351, as amended. For informational purposes only, the property address is: 1409 Crystal Lake Road, Aspen, CO 81611 3 RECEPTION#: 595624 /31/2012 at 12:34:22 PM, 1 OF 3, R .00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Thomas Genshaft Cramer LLP 39 Boomerang Road, Suite 8130 Aspen, Colorado 81611 Attn: Ben Ocashaft, Esq. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated as of the 28a day of December, 2012, between RICHARD BECKWI'IT, as to a 2% undivided interest as Tenants in Common (the "Grantor'7, whose street address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063, and THE BECKWITT MANAGEMENT TRUST, C'Grantee"), whose street address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which am hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell, convey and confirm unto Grantee all of that certain real property in the County of Pitkin and State of Colorado that is legally described on the attached Exhibit A (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property by Grantee, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor; 5ubject to any matters of record; property tax liens; the effects of inclusion in any special, conservancy and/or improvement districts, and all zoning and land use laws and regulations. [remainder of page intentionally blankl RECEPTION#: 59562 /31/2012 at 12:34:22 PMj 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, Grantor has executed this Special Warranty Decd as of the day and year first written above. RIÂ¢HARD BECKWrIT STATE OF L d I oa Jo 1 ) SS. COUNTY OF ~14? ilk ) The foregoing instrument was acknowledged before me this 28* day of December, 2012, by Richard Beckwil Witness my hand and official seal. My commisgion expires: Â§111 A -20Â£ 6 'Â·Â·.30''J 46 &51 0... PUBOO ..n .. 1,-i ' CP AE284 C-TY OP ASPO EXE,Apr FROM HAETT EXEM,-r n.01Â¢ â€¢*rrr DATE , RE~.1 NO:14>1 DAVE REP. C NO. 1.2~3 fp> 1411 2 RECEPTION#: 59562 /31/2012 at 12:34:22 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A to SPECIAL WARRANTY DEE) Legal Description Lot 9, GORDON / CALLAHAN RESUBDIVISION, according to the Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat Lot 9 Gordon / Callahan Resubdivision recorded November 4, 1993, in Plat Book 32 at Page 99; Together with access to such real property, and ingress and egress to a public right of way, through Callahan Subdivision arising under Protective Covenants, Aspen Club Lots 1 through 10, recorded in the real property records of Pitkin County, Colorado, on October 17, 1984 under Reception No. 263351, as amended. For informational purposes only, the property address is: 1409 Crystal Lake Road, Aspen, CO 81611 3 RECEPTION#: 59562 2/31/2012 at 12:34:23 PM, 1 OF 3, R ~__.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Thomas Genshaft Cramer LLP 39 Boomerang Road, Suite 8130 Aspen, Colorado 81611 Attn: Ben Genshaft, Esq. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated as of the 284 day of December, 2012, between BARBARA BECKWITE as to a 48% undivided interest as Tenants in Common (the "Grantor"), whose street address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063, and THE JCCL TRUST C'GranteeD, whose street address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063. WITNESSETH, that Grantor. for and in consideration of thc sum of Ten Dollam ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell, convey and confirm unto Grantee all of that certain real property in the County of Pitkin and State of Colorado that is legally described on the attached Exhibit.A (tho "Property"); TOGETHER WITH all and singular the hcreditaments and appurtenances thereunto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and pcaceable possession of the Property by Grantee, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor, subject to any matters of record; propaty tax liens; the effects of inclusion in any special, conservancy and/or improvement districts, and atl zoning and land use laws and regulations. [remainder of page intentionally blank] RECEPTION#: 59562 2/31/2012 at 12:34:23 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. *lulk~ EEPL-FNA BARBARA BECKWITT STATE OF Ce L o urgd o ) SS. COUNTY oF f,Ak Af ~ The fomgoing instrument was acknowledged before me this 28~ day of December, 2012, by Barbara Beckwitt Witness my hand and offic*Beal. My commission expims: ~I/j~ ~ 241 2-ol (2 t. ,..00 ~ ;Â·"~OTAR Y ''Â·,, 1 ~1. A AN. ( t A M itÂ·...PUBut..27 ttiV:54. CITY OF ASPEN (D:Tf CF ,Â·1â‚¬22N FID,5 r FROM WHITT EXEMPT FROM HFETT DA..1 REP. *D. DATE AEP NO. 9&<'1 Al- 741 8 74 1 25 2 RECEPTION#: 59562 2/31/2012 at 12:34:23 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A to SPECIAL WARRANTY DEED Legal Description Lot 9, GORDON / CALLAHAN RESUBDIVISION, according to the Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat Lot 9 Gordon / Callahan Resubdivision recorded November 4, 1993, in Plat Book 32 at Page 99; Together with access to such real property, and ingress and egress to a public right of way, through Callahan Subdivision arising under Protective Covenants, Aspen Club Lots 1 through 10, recorded in the real property records of Pitkin County, Colorado, on October 17, 1984 under Reception No. 263351, as amended For informational purposes only, the property address is: 1409 Crystal Lake Road, Aspen, CO 81611 3 . RECEPTION#: 59562 2/31/2012 at 12:34:21 PM, 1 OF 3, R v...00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Thomas Genshaft Cramer LLP 39 Boomerang Road, Suite 8130 Aspen, Colorado 81611 Attn: Ben Genshaft, Esq. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEE) is dated as of the 28~h day of December, 2012, between RICHARD BECKWITI', as to a 48% undivided interest as Tenants in Common (the "Grantor"), whose street address is 1707 Ma:ket Place Boulevard, Suite 250, Irving, Texas 75063, and THE BCL TRUST ("Grantee"), whose *reet address is 1707 Market Place Boulevard, Suite 250, Irving, Texas 75063. WITNESSETH, that Grantor, for and in considerion of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which am hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee all of that certain real property in the County of Pitkin and State ofCoioâ„¢to that is legally described on the attached ExhibitA (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property by Grantee, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor; subject to any matters of record; property tax liens; the effects of inclusion in any special. conservancy and/or improvement districts, and all zoning and land use laws and regulations. [remainder of page intentionally blank] . RECEPTION#: 59562 2/31/2012 at 12:34:21 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, Grantor has executed this SpeCial Warranty Dead as of the day and year finit written above. TU BJK RICHARD BECKWnT /1 1 STATE OF e |6Â¥7, A e 1 - ) SS. couNrY oF Â£2048 1 The foregoing instrument was acknowledged before me this 28(h day of December, 2012, by Richard Beckwitt Witness my hand and official seal. My commission expires: (3 /11 261 7.1 6 6,;.CE.4~14 1 7 0 ~/,AOTAR Y ~ ~90 1141Â»t No*ry 4 43.627&14 C:TY CF ASPFN EXEBAFT FROM HRETT C 1 TY OP ASPOI DATE, REP I NO. exati-r Pao*[ â€¢REr!' 14)7 UA'.-3 , RIP, ~ NO. i,| 3,1 1 P Al.- 14 Gl 2 . RECEPTION#: 59562 , 2/31/2012 at 12:34:21 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A to SPECIAL WARRANTY DIED Legal Description Lot 9, GORDON / CALLAHAN RESUBDIVISION, according to the Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat Lot 9 Gordon / Callahan Resubdivision recorded November 4, 1993, in Plat Book 32 at Page 99; Together with access to such real property, and ingress and egress to a public right of way, through Callahan Subdivision arising under Protective Covenants, Aspen Club Ints 1 through 10, recorded in the real property records of Pitkin County, Colorado, on October 17, 1984 under Reception No. 263351, as amended. For informational purposes only, the property address is: 1409 Crystal Lake Road, Aspen, CO 81611 3 COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and C=! P Property Phone No. (469) 587-5223 56 a Owner ("1"): BCL Trust Email: rick.beckwitt@lennar.corn 0 ~ e Address of 2 00 4 Billing .*/ U ~--1. Property: 1409 Crystal Lake Road Address. 1707 Marketplace Blvd #242 m - (subject of (send bills here) Irving, TX 75063 W Z 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. $ 650 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. 1 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. $ 1300 deposit for 4 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: 44- 4- Chris Bendon Community Development Director Name: Steev Wilson, on behalf of BCL Trust Title: Representative City Use: Fees Due: $ 2215 Received: $ November. 2011 City of Aspen I 130 S. Galena St. I (970) 920-5090 RECEIVED Issued By Attorneys Title Insurance Agency of Aspen. LLC ' at~ Attorneys ( Member's Name) Title Guaranty 715 W. Main Street, Suite 305, ~ Fund, Inc, Aspen Colorado 81611 (Address) (970) 925-7328 (Telephone) AMERICAN ALTA Commitment Form (6/17/2006) LAND TIT Â£ T. ASSOCIAT!<).1 COMMITMENT FOR TITLE INSURANCE Issued by Attorneys Title Guaranty Fund, Inc. Attorneys Title Guaranty Fund, Inc., a Colorado corporation (the "Company"), for valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of the Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Attorneys Title Guaranty Fund, Inc. has caused its corporate name to be affixed by its duly authorized officers on the date shown in Schedule A. ATTORNEYS TITLE GUARANTY FUND, INC. ZyÂ» ERIC R. MORGAN PRESIDENT FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T, Van Alstine, 715 W. Main Street, Suite 305, Aspen Colorado 81611, Phone: (970) 925-7328, Fax: (970) 925-7348 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge, If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action of actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of the Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://222.alta.org/ >. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as ofthe date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN lAND T]TLI Attorneys Al <OCIATION American Land Title Association Commitment Title Guaranty Fund, Inc COMMITMENT NO. PC201211018409 File No. PC12003032 SCHEDULE A 1. Effective Date: 11/2/2012 at 7:45 A.M. 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy (06/17/06), Amount $20,750,000.00 $28,477.00 Proposed Insured: Richard Beckwitt and Barbara Beckwitt B. ALTA Loan Policy (06/17/06), Amount $10,000,000.00 $120.00 Proposed Insured: Wells Fargo Bank, N.A. and/or its successors and assigns as their interests may appear Certificate of Taxes Due $ Endorsements: 110.1(1, 2, 3 and 4), 130, 5.1-06, 8.1-06, 100, 6.2-06 $1,768.00 Additional Charges: Tax Certificate $25.00 Total $ 30,390.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is vested in Halcyon-Aspen, LLC, a Colorado limited liability company 4. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple 5. The land referred to in this Commitment is situate in the county o f PITKIN, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 1409 Crystal Lake Road, Aspen, Colorado 81611 Winter T. Van Alstine Authorized Officer or Agent 2622 Member Number FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W. Main Street, Suite 305, Aspen Colorado 81611, Phone: (970) 925-7328, Fax: (970) 925-7348 THIS COMMITMENT IS ISSUED SUBJECT TO THE STATEMENT OF TERMS, CONDITIONS AND SUPULATIONS ATTACHED Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Forin is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 1 - Requirements The following are the requirements to be complied with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. e. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. f. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). g. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. h. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Halcyon-Aspen, LLC, a Colorado limited liability company, to Richard Beckwitt and Barbara Beckwitt, the proposed insured, Schedule A, item 2A. NOTE: C,R,S. AÂ§38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face ofthe Deed to be recorded. i. Certificate of good standing from the Colorado Secretary of State for Halcyon-Aspen, LLC, a Colorado limited liability company. j. Record a Statement of Authority to provide prima facie evidence of existence of Halcyon-Aspen, LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. AÂ§38-30-172. k, Deed of Trust from Richard Beckwilt and Barbara Beckwitt to the Public Trustee of Pitkin County for the benefit of Wells Fargo Bank, N.A., to secure an indebtedness in the principal sum of $10,000,000.00, 1. Improvement Survey Plat sufficient in form and content and certified to the Company. Exception will be taken to adverse matters disclosed thereby. m. Please be advised that our search did not disclose any open Deeds of Trust of record. Ifyou have knowledge of an outstanding obligation, please contact us immediately for further review prior to closing. n, This Title Commitment is subject to underwriter approval. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. Â§39-22.604.5 (non-resident withholding). Note: Effective September 1,1997, C.R.S. Â§30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor (seller) or grantee (buyer). American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 1 - Requirements Copyright 2006-2009 American Land Title Association. AH rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO, PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 2 - Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6, Reservations and exceptions as set forth in the United States Patent dated October 18, 1894, and recorded June 17, 1894, in Book 175 at Page 246, as Reception No. 096480, reciting the following: FIRST: That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of guam or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, which may have been discovered within said limits subsequent to and which were not known to exist on the twenty-third of March, A.D., one thousand eight hundred and eighty-five. SECOND: That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, be claimed or known to exist within the above-described premises at said last-named date, the same is expressly excepted and excluded from these presents. THIRD: That the premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, for the purpose of extracting and removing the ore from such vein or lode, should the same, or any part thereof, be found to penetrate, intersect, pass through, or dip into the mining ground or premises hereby granted. FOURTH: That the premises hereby conveyed shall be held subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs, and decisions of courts. FIFTH: That in the absence ofnecessary legislation by Congress, the Legislation of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage, and other necessary means to the complete development thereof. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in the United States Patent dated August 21, 1958, and recorded August 29, 1958, in Book 185 at Page 69, as Reception No. 106874. 8. Terms, conditions, provisions, agreements and obligations specified under the Subdivision and Planned Unit Development Agreement, Callahan Subdivision, dated May 13, 1976, and recorded May 19, 1976, in Book 312 at Page 110, as Reception No, 183890, and Notice dated April 29, 1977, and recorded April 29, 1977, in Book 328 at Page 79, as Reception No. 194018. 9. Any and all notes, easements and recitals as disclosed on the recorded Final Plat and Development Plan Callahan Subdivision Plat recorded May 19, 1976, in Plat Book 5 at Page 7, as Reception No. 183889, and Amended Final Plat and Development Plan of Callahan Subdivision, recorded August 17,1977, in Plat Book 6 at Page 16, as Reception No. 196746. 10. Terms, conditions, provisions, agreements and obligations specified under the Agreement dated April 8, 1976, and recorded May 19, 1976, in Book 312 at Page 169, as Reception No. 183912. 11. Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed, dated May 19,1976, and recorded May 19, 1976, in Book 312 at Page 177, as Reception No. 183913. 12. Terms, conditions, provisions, agreements and obligations specified under the Reciprocal Easement Grant, dated May 19, 1976, and recorded May 19, 1976, in Book 312 at Page 196, as Reception No. 183919. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 2 - Exceptions 13. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement, dated May 19, 1976, and recorded May 19, 1976, in Book 312 at Page 200, as Reception No. 183920. 14. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement dated May 19,1976, and recorded May 19, 1976, in Book 312 at Page 188, as Reception No. 183916. 15. Terms, conditions, provisions, agreements and obligations specified under the Grant ofEasement dated September 20, 1976, and recorded September 23,1976, in Book 316 at Page 961, as Reception No. 187248, and Agreement dated August 25, 1978, and recorded August 29, 1978, in Book 353 at Page 527, as Reception No. 206863. 16. Terms, conditions, provisions, agreements and obligations specified under the Easement Grant dated June 24,1977, and recorded August 17, 1977, in Book 333 at Page 727, as Reception No. 196750. 17. Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, dated June 24, 1977, and recorded August 17,1977, in Book 333 at Page 730, as Reception No. 196751. 18. Terms, conditions, provisions, agreements and obligations specified under the Protective Covenants Aspen Club Lots 1 Through 10, dated September 24,1984, and recorded October 17, 1984, in Book 475 at Page 236, as Reception No. 263351, and Amendments to Protective Covenants of Aspen Club Lots 1 Through 10, recorded November 15, 1988, in Book 578 at Page 731, as Reception No. 306054. 19. Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement dated April 1, 1988, and recorded April 1, 1988, in Book 560 at Page 325, as Reception No. 298818, and re recorded May 13, 1988, in Book 563 at Page 910, as Reception No. 300131, and Cancellation of Grant of Easement and Confirmation of Plat Eusements, dated June 12, 1991, and recorded June 17, 1991, in Book 619 at Page 216, 00 Reception No. 333758. Intentionally Deleted. 20. Any and all notes, easements and recitals as disclosed on the recorded Final Plat of Gordon / Callahan Resubdivision, dated August 7, 1990, and recorded January 4, 1991, in Book 25 at Page 75, as Reception No. 329332, and Affidavit ofLionel L. Yow, recorded September 9, 1992, in Book 688 at Page 291, as Reception No. 348456, and recorded October 26,1992, in Book 692 at Page 495, as Reception No. 350057, and Affidavit of John A. Elmore II, recorded September 9, 1992, in Book 688 at Page 290, as Reception No. 348455, and recorded October 26, 1992, in Book 692 at Page 494, as Reception No. 350056. 21, Terms, conditions, provisions, agreements and obligations specified under the P.U.D. Subdivision Agreement, Gordon / Callahan Resubdivision, dated January 3, 1991, and recorded January 4, 1991, in Book 637 at Page 137, as Reception No. 329333, and re-recorded January 18, 1991, in Book 638 at Page 88, as Reception No. 329630, 22. Terms, conditions, provisions, agreements and obligations specified under the Cancellation of Grant of Easement and Confirmation of Plat Easements, dated June 12, 1991, and recorded June 17, 1991, in Book 649 at Page 216, as Reception No. 333758. 23. Tenns, conditions, provisions, agreements and obligations specified under the Height Restriction Agreement dated June 13, 1991, and recorded June 17, 1991, in Book 649 at Page 219, as Reception No. 333759. 24. Terms, conditions, provisions, agreements and obligations specified under the Shared Expense Agreement for Callahan Subdivision Roads and Pond, recorded August 28, 1992, in Book 687 at Page 365, as Reception No, 348146, and Modification of Shared Expense Agreement for Callahan Subdivision Roads and Pond, recorded August 28, 1992, in Book 687 at Page 409, as Reception No. 348147. 25. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Rezoning from R-15 (PUD) Moderate Density Residential to RR (PUD) Rural Residential, a Substantial Amendment to the Final PUD/Subdivision Plan for the Gordon / Callahan PUD and Subdivision, and Vested Rights Status for a 2.4 acre Parcel Located Adjacent to the Aspen Club 0. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 2 - Exceptions Subdivision Off of Centennial Circle, City of Aspen, Pitkin County, Colorado (Ordinance No. 23 - Series of 1993) dated April 26,1993, and recorded July 15, 1993, in Book 718 at Page 39, as Reception No. 358874. 26. Any and all notes, easements and recitals as disclosed on the recorded Amendment No. One, Final Plat, Lot 9 Gordon / Callahan Resubdivision, recorded November 04, 1993, in Plat Book 32 at Page 99, as Reception No, 362894. 27. Terms, conditions, provisions, agreements and obligations specified under the Cross Easement Agreement dated November 4, 1993, and recorded November 4, 1993, in Book 729 at Page 530, as Reception No. 362899. 28. Terms, conditions, provisions, agreements and obligations specified under the Consent to Resubdivision and Combination of Lots, dated October 1,1993, and recorded November 4, 1993, in Book 729 at Page 504, as Reception No. 362895. 29. Terms, conditions, provisions, agreements and obligations specified under the P.U.D. Subdivision Agreement Lots 2A, 2B, 2C and Lot 9, Gordon Callahan Resubdivision, dated November 4, 1993, and recorded November 4, 1993, in Book 729 at Page 521, as Reception No, 362898, 30. Terms, conditions, provisions, agreements and obligations specified under the Protective Covenants, dated November 2, 1993, and recorded November 4,1993, in Book 729 at Page 505, as Reception No. 362896. 31. Terms, conditions, provisions, agreements and obligations specified under the Easement and License Agreement dated November 4, 1993, and recorded November 4, 1993, in Book 729 at Page 511, as Reception No. 362897. 32, Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Pei-petual Vested Rights for the Allowable Floor Area for the Development of a Single-Family Residence on Amended Lot 9 of the Gordon / Callahan PUD / Subdivision Located Adjacent to the Aspen Club Subdivision Off of Centennial Circle, City of Aspen, Pitkin County, Colorado (Ordinance 52 - Series of 1993) dated September 27, 1993, and recorded November 8, 1993, in Book 729 at Page 774, as Reception No, 362982. 33, Terms, conditions, provisions, agreements and obligations specified under the Confirmation of Compliance dated October 1, 1994, and recorded October 6, 1994, in Book 763 at Page 475, as Reception No. 375020. 34. Terms, conditions, provisions, agreements and obligations specified under the Protective Covenants Amended Lot 9, Gordon / Callahan Subdivision, Pitkin County, Colorado, dated February 8, 1995, and recorded July 3, 1996, as Reception No. 394410, and Amendment to Protective Covenants, Amended Lot 9, Gordon / Callahan Subdivision, Pitkin County, Colorado, dated July 14, 1997, and recorded November 18, 1997, as Reception No. 410767. 35. Terms, conditions, provisions, agreements and obligations specified under the Accessory Dwelling unit Deed Restriction Pursuant to Section 26.40.090 of the City of Aspen Municipal Code, dated June 5, 1996, and recorded July 9, 1997, as Reception No. 406114, 36. Terms, conditions, provisions, agreements and obligations specified under the City of Aspen Ditch Relocation and Easement Agreement, dated July 21,1997, and recorded July 22, 1997, as Reception No. 406547. 37, Terms, conditions, provisions, agreements and obligations specified under the Encroachment Agreement dated September 4, 1997, and recorded October 28, 1997, as Reception No. 409980. 38. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit and Vault Agreement dated September 4,1997, and recorded December 9, 1997, as Reception No. 411464. 39. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. PC201211018409 FILE No. PC12003032 SCHEDULE B - Section 2 - Exceptions Association, Inc. Underground Right-of-Way Easement dated September 4, 1997, and recorded February 12,1998, as Reception No. 413531, 40. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Contract for Electric Service (Individuals) dated September 4,1997, and recorded March 2,1998, as Reception No. 414040. 41. Terms, conditions, provisions, agreements and obligations specified under the Landscape Easement Agreement dated April 11,2000, and recorded April 21,2000, as Reception No. 442569. 42. Terms, conditions, provisions, agreements and obligations specified under the Settlement Agreement dated April 30,2001, and recorded May 4, 2001, as Reception No. 454204. The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule B - Section 2, the following items: (1) the mortgage, if any, required under Schedule B - Section 1, Item (c); (2) unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water; (3) any and all unpaid taxes, assessments and unredeemed tax sales. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7, Paragraph G requires that every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing o f legal documents resulting from the transaction which was closed. Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from the policy(s) to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic's and materialmen's liens not filed. D. Any deviations from conditions A through C above is subject to such additional requirements or information as ATGF may deem necessary, or, at its option, ATGF may refuse to delete the exception. Note: The following disclosures are hereby made pursuant to Â§C.R.S. 10-11-122 i. The subject property may be located in a special taxing district ii. A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the county treasurer's authorized agent iii. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder or the county assessor. Note: If there is recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, there is a substantial likelihood that a third party holds some or all of the ownership interest in oil, gas or other minerals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject property without the surface owner's permission. Copyright 2006-2009 American Land 'Title Association. All rights reserved. The use of this Form is restricted to Al.TA licensees and ALTA members in good standing as of the date ofuse. All other uses are prohibited. Reprinted under license from the American Land Title Association. Title Guaranty Fund, Inc. Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. You have a right to know how we will utilize the personal information you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling of your personal information, Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained fi-om any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: â€¢ Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; â€¢ Information about your transactions with us, our agents, or others; and â€¢ Information we receive from a consumer-reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our agents or affiliated companies. Such affiliated companies include Attorneys Title Insurance Fund, Inc., ATGF's reinsurer and parent company. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. e. a SCHEDULE C File #: PC12003032 Lot 9, GORDON / CALLAHAN RESUBDIVISION, according to the Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat Lot 9 Gordon / Callahan Resubdivision recorded November 4, 1993, in Plat Book 32 at Page 99, Pitkin County, Colorado. THE B'-CKWITT MANAGEMr-NT TRUST 1707 MARKETPLACE BLVD, SUITE 250 IRVING. TX 75063 February 7, 2013 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 1409 Crystal Lake Road, Aspen, CO 81611 Dear Director, I am the Trustee for The BCL Trust, The JCCL Trust, and The Beckwitt Management Trust. These three trusts own the property located at 1409 Crystal Lake Rd, Aspen, CO 81611. This letter shall serve as my approval for the interior demolition work as drawn and presented by Forum Phi Architecture to be completed at this address. I hereby authorize and consent that Steev Wilson and Forum Phi may submit any and all Land Use Applications on our behalf for our property. They may represent us during the application review and approval processes. They may act on our behalf. and may also sign on our behalf all applications and permits, and any and all documents required or ancillary thereto. Should you have any questions you can reach me at (214) 914-2810. Steev Wilson's contact information is: Steev Wilson, Partner, AIA Forum Phi 117 S Spring St, Ste 202 Aspen, CO 81611 (970) 279-4109 Thank you. Since[ely, 1/27 f- 2/7/13 Ri~hard Beckwi t \ Date Trustee ......1 .. --- ---# -I-- ------- ... -.- 7- Homeowner Association Compliance Policy I applications for a building permit within the City of Aspen are required to include a certibcation 4 mpliance with applicable covenants and homeowner association policies The certification must t ined bv the Droperly owner or Attorney representing the property owner The following certificatic all accompany the application for a permit ibject Property 1409 Crystal Lake Road Aspen, Co 81611 the property owner. certify as follows (pick one) U 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 improvemen proposed in this building permit do not require approval by the homeowners association i covenant beneficiary ~ This property is subject to a homeowners association or private covenant and the improvemen proposed in this building permit have been approved by the homeowners association I covenant beneficiary Evidence of approval is attached 1nderstand the City of Aspen does not interpret. enforce or manage the applicability, meaning , fect of private covenarts or homeowner association rules or bylaws I understand that th,s docume a public document nner signature fc~:~ d ate 5/21/13 uner printed name Richard Beckwitt, Trustee The BCL Trust torney signature date torney printed name PROPERTIES OF ASPEN May 23, 2013 City Of Aspen Community Development 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: I am writing to you on behalf of the Callahan Subdivision/ACG pertaining to a renovation project at 1409 Crystal Lake Road in Aspen. The Association has reviewed and approves the project as presented by Phorum Phi. The owner/contractor has permission to proceed with this work. RegAWS, Paddy Allen j Frias Properties bf Aspen Association Property Manager REAL ESTATE PROPERTY MANAGEMENT VACATION RENTALS SINCE 1974 730 East Durant Aspen, CO 81611 970 920 2000 fax 970 920 2020 800 633 0336 Reservations@FriasProperties.com FriasProperties.com ASPEN RIVER FRIENDS a Colorado partnership Architectural Review Committee Aspen, Colorado July 22,2013 (via email rick.beckwift@Jennar.com and U.S. Mail) rhe BCL Trust c/o Rick Beckwitt 1707 Marketplace Blvd., Suite 250 Irving, TX 75063 The JCCI, Trust c/o Rick Beckwitt 1707 Marketplace Blvd., Suite 250 Irving, TX 75063 The ]3eek.witt Management Trust e/0 Rick Beckwitt 1707 Marketplace Blvd., Suite 250 Irving, TX 75063 Re: 1409 Crystal Lake Road, Aspen, Colorado 81611/Approval ofPlans Dear Mr. Beckwitt: Reference is made to those certain Protective Covenants, Amended Lot 9, Gordon/Callahan Subdivision recorded in the real property records of Pitkin County, Colorado on July 3, 1996 under Reception No. 394410, as amended by that certain Amendment to Protective Covenants dated July 14, 1997 recorded in the real property records of Pitkin County, Colorado on November 18, 1997 under Reception No. 410767, and any other supplements, addenda or amendments thereto (collectively, the "Covenants"). The owners of Lots 10, 12, 14 and 15 of the IJte Place Subdivision in Pitkin County, Colorado comprise the Architectural Review Committee under the Covenants (such owners known as the Aspen River Friends and collectively referred to herein as the "ARF"). The Covenants encumber the above referenced real property, legally described as Lot 9, Gordon/Callahan Resubdivision, according to the Final Plat recorded in Plat Book 25 at Page 75 and Amendment No. One, Final Plat I.ot 9 Gordon/Callahan Resubdivision recorded November 4,1993, in Plat Book 32 at Page 99, Pitkin County, Colorado (the "Property"). The Property is owned by The BCL Trust, the JCCL Trust and the Beckwitt Management Trust (collectively, the "Owner't). The Owner intends to remodel the residence on the Property and has applied to the ARF for approval of the plans for such remodel prepared by Forum Phi Architects (dated May 8, 2013 and May 20, 2013) enclosed herewith (collectively, the "Plans"). The Owner affirms that tile railings on any newly expanded decks shall be "open railings" as shown in the Plans and the height of the "open railings" above each individual deck will be no higher than required by the City of Aspen code. In accordance with the Covenants and any other covenants, restrictions, requirements, rules and regulations of the ARK the ARF hereby approves the Plans and the improvements described therein. The ARP shall promptly execute any documents and plats required in connection with the approval granted herein. Nothing herein shall be deemed an approval by the ARF of any work or improvements other than as described in the Plans, and the approval granted herein shall not operate as a waiver or release of any rights of the ARF contained in the Covenants. Any work to exterior above grade portions of the residence on the Property are labeled on the Plans as either "new development areas" or "changes to existing exterior areas." The Owner shall furnish the ARF with copies of the Plans to be submitted to the City of Aspen for a building permit prior to their submission in order that the ARF' may confirm that the plans to be submitted are consistent with the Plans. Counterparts: Facsimile. This Architectural Review Committee letter may be executed in one or more counterparts which together shall be one and the same instrument, binding on all parties, although not signatory to the same original document. Sincerely, ASPEN RIVER FRIENDS, a Colorado partnership Bi'. -j 4 4.144'f ~te~Â·to.*4 -~GA#- - *f- rn Name: ,449,1,444' f Title: h Â·14 444 1 By: Name: Title: 2 Tile Owner intends to remodel the residence on the Property and has applied to the ARF for approval of the plans for stich remodel prepared by Forum Phi Architects (dated May 8.2013 and May 20, 2013) enclosed herewith (collectively, tile '<Plans"). The Owner affirms that the railings on any newly expanded decks shall be "open railings" as shown in the Plans and the height of the "open railings" above each individual deck will be no higher than required by the City of Aspen code. In accordance with the Covenants and any other coveliants: restrictions, requirements, rules and regulations of the ARF, the ARF hereby approves the Plans and the improvements described therein. The AR-F shall promptly execute any documents and plats required iii connection with the approval granted herein. Nothing herein sliall be deemed an approval by the AR.F of any work or improvements other than as described in the Plans, and the approval granted herein shall not operate as a waiver or release of any rights of the ARF contained iii the Coveliants. Any work to exterior above grade portions of the residence on the Property are labeled on the Plans as either "new development areas" or thanges to existing exterior areas." The Owner shall furnish the Al<F with copies of the Plans to be submitted to the City of Aspen for a building permit prior to their submission in order that the ARF inay confirm tliat the plans to be submitted are consistent with the Plans. Counterparts; Facsimile. This Architectural Review Committee letter may be executed iii one or more counterparts which together shall be one and the same instrument, binding on all parties, althouith not signatory to the same original document. Sincerely,/ j &/1, A C It\ 0\ /1 1 i ASPEN INVE@ FIFIENI#, 0 Colblkdo partnershi Lic~.. j / 1 ff // h 2.1 *21' 144 If ff .( 2 fi a f i + 46> By: Name: Title: ............'.......~Â¥444~....... ........, Â£#*- By: Name: Title: 2 The Owner intends to remodel the residence on the Propeity and has applied to the ARF for approval of the plans for such remodel prepared by Forum Phi Architects (dated May 8.2013 and May 20. 201 3) enclosed herewith (collectively. the -'Plans"). The Owner affirms that the milings on any newly expanded decks shall be "open railings" as shown in the Plans and the height of the 'open railings" above each individual deck will be no higher than required by the City of Aspen code. In accordance with the Covenants and any other covenants. restrictions. requirements, rules and regulations of the ARF, the ARF hereby approves the Pl ans and the improvements described therein. The ARF shall promptly execute any documents and plats required in connection with the approval granted herein. Nothing herein shall be deemed an approval by the ARF of any work or improvements other than as described in the Plans, and the approval granted herein shall not operate as a waivel or release of any rights of the ARF contained in the Covenants. Any work to exterior above grade portions of the residence on the Property are labeled on the Plans as either "new; development areas" or "changes to existing exterior areas." The Owner shall furnish the ARP' with copies of the Plans to be submitted to the City of Aspen for a building permit prior to their submission iii order that the ARF may confirm that the plans to be submitted are consistent with the Plans. Counterparts; Facsimile. This Architectural Review Committee letter may be executed in one or more counterparts which together shall be one and the same instrument. binding on ail parties, altholigh not signatory to the same original document. Sincerely. ASPEN RIVER FRIENDS. a Colorado parint:Iship h r .1 fh 11 e.1.3. f-70 i{/ 4 7 \\ y T \ 4 ,/ 3 \ Name: 05 11, 6 0 Ue. l- 4 01 y Â£ 'title: By: Naille: Title: 2 The Owner intends to remodel the residence on the Property and has applied to the ARF for approval of the plans for such remodel prepared by Forum Phi Architects (dated May 8,2013 and May 20, 2013) enclosed herewith (collectively, the "PlansÂ»). The Owner affirms that the railings on any newly expanded decks shall be "open railings" as shown in the Plans and the height of the "open railings" above each individual deck will be no higher than required by the City of Aspen code. In accordance with the Covenants and any other covenants, restrictions, requirements, rules and regulations of the ARF, the ARF hereby approves the Plans and the improvements described therein. The ARF shall promptly execute any documents and plats required in connection with the approval granted herein. Nothing herein shall be deemed an approval by the ARF of any work or iinprovements other than as described in the Plans, and the approval granted herein shall not operate as a waiver or release of any rights of the ARF contained ill the Covenants. Any work to exterior above grade portions of the residence on the Property are labeled on the Plans as either "new development areas" or "changes to existing exterior areas." The Owner shall furnish the ARF with copies of the Plans to be submitted to the City of Aspen for a building permit prior to their submission in order that the ARF may confirm that the plans to be submitted are consistent with the Plans. Counterparts; Facsimile. This Architectural Review Committee letter may be executed in one or more counterparts which together shall be one and the same instrument, binding on all parties, although not signatory to the same original document. Sincerely, ASPEN RIVER FRIENDS, a Colorado partners!3ip- By'. .zj<1 4/A/(.7 4/ 4 \I l,((Iltk~-- 2 6." A Name: 1-6 0- (742 i mo / ) 762 -AÂ·5112-0 0-4 - Lftej ll,-jof,u,1 Re.stdoj,cÂ·e.lt\Â·, Title: Pe,11Â·rp (CÂ· 01 <scvfri , TAL.sfaÂ·,z- By: Nalne: Title: 2 THE BCL TRUST THE JCCL TRUST THE BECKWITT MANAGEMENT TRUST 1707 MARKETPLACE BLVD SUITE 250 IRVING TX 75063 August 28,2013 City 01 Aspen Community Development Department 130 South Galena Street. 3ld Floot Aspen. Colorado 81611 1409 Crystal Lake Road. Aspen. CO 81611 Deai Dtremor, I am the Trustee for The BCL Trust. Tile JCCE Trust and Thp fieckwill Managemetil Trust These three trusts Dull the property located at 1409 Crystal Lake Rd. Aspen. CO 81611 Thislettershallserveasmy approval for the subnwssion of a buitfling permit application and associated land use and development appheations by Forum Phi Architecture on benalf of the ov.,ner of the aforementioned property. I hereby authorize and consent that Steev Wilson and Forwn Phi may submit ally and all building permit and/or land Lise applications (and any change orders or anieridments thereto) on our behalf for the property They Inay represent ws dtinng the application review and approval processes. They may act on our behalf and may also sign on our behalf all applicat ions and ponts, and any and all documents required or ancillary thereto Sholld you have any ques[Ions you can reach me at (214) 914-2810. Steev Wilson's contact information IS. Steev Wilson Paltilei. AIA Foium Phi 11/ S Spring St . Ste 202 Aspen, CO 81fjll (970) 279Â·4109 Thank you Siricer e y . # p.,0,Â®Â»""3. r 6-4 c 3Â»h Richard Beckwilt Date 8/28/13 Trustee RECEIVED AUG 5 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT Forum Phi 715 W Main St, Suite 204 Aspen, CO 81611 P: (970) 279-4157 R (866) 770-5585 -- Vi a a - / 114< # 13 1 1 17/ 6** r.- /11 1 I . 1 A a p i :m-Â· 1 & R !111.11 9 -24= 7-- 'I , Â· - *a En; t. 6.--_Eht tri 1 - :' -E .4.Â·f 18'' 2 A.* LU Â»4 . -- LAND USE APPLICATION STREAM MARGIN & PUD AMENDMENT 1409 Crystal Lake Road - Single Family Residence August 1 2013 Applicant: BCL Trust Location: 1409 Crystal Lake Road, Aspen, Colorado 81611 An application for Administrative Stream Margin Exemption & Envelope Adjustment TABLE OF CONTENTS Pre-Application Conference Summary Agreement to Pay Application Fees Land Use Application Dimensional Requirements Form Disclosure of Ownership Letter of Authorization HOA Compliance Policy Letters of Approval Project Description Review Standards Compliance Vicinity Map Index of Prior Approvals Site Improvement Survey Envelope Plan Site Plan Exterior Lighting Plan Renderings Floor Plans Roof Plan Elevations THE BCL TRUST THE JCCL TRUST THE BECKWITT MANAGEMENT TRUST 1707 MARKETPLACE BLVD. SUITE 250 IRVING. TX 75063 August 28, 2013 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 1409 Crystal Lake Road. Aspen, CO 81611 Dear Director, 1 am the Trustee for The BCL Trust, The JCCL Trust, and The Beckwitt Management Trust. These three trusts own the property located at 1409 Crystal Lake Rd, Aspen. CO 81611. This letter shall serve as my approval for the submission of a building permit application and associated land use and development applications by Forum Phi Architecture on behalf of the owner of the aforementioned propeny 1 hereby authorize and consent that Sleev Wilson and Forum Phi may submit any and all building permit and/or land use applications (and any change orders or amendments thereto) on our behalf for the property They may represent us during the application review and approval processes. They may act on our behalf, and may also sign on our behalf all applications and permits, and any and all documents required or ancillary thereto. Should you have any questions you can reach me at (214) 914-2810. Steev Wilson's contact information IS Steev Wilson. Partnef, AIA Forum Phi 117 S Spring St., Ste 202 Aspen, CO 81611 (970) 279-4109 Thank you. Sincerely. Richard Beckwitt Date 8/28/13 Trustee ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 1409 Crystal Lake Road Applicant: Rick Beckwitt, Trustee, BCL Trust Location: 1409 Crystal Lake Road Zone District: RR Lot Size: 2.4 acres Lot Area: Allowable Floor Area = 8500SF per Ord 52-1993 (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: N/A Proposed: Number of residential units: Existing: 1 + ADU Proposed: ETRU* Number of bedrooms: Existing: 5 Proposed: 5 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 7034.5SF Allowable: 8500SF Proposed: 8342.5SF Principal bldg. height: Existing: 28' Allowable. 28' Proposed: ETRU* Access. bldg. height: Existing: Allowable. N/A Proposed: On-Site parking: Existing.* 2+1 ADU Required. 2+1 ADU Proposed: 3 + 1 ADU % Site coverage: Existing: Required: N/A Proposed: % Open Space: Existing: Required: N/A Proposed: Front Setback: Existing: envelope Required: envelope Proposed: envelope Rear Setback: Existing: envelope Required: envelope Proposed: envelope Combined F/R: Existing: Required: N/A Proposed: Side Setback: Existing: envelope Required: envelope Proposed: envelope Side Setback: Existing: envelope Required: envelope Proposed: envelope Combined Sides: Existing: Required: N/A Proposed: Distance Between Existing Required: N/A Proposed: Buildings Existing non-conformities or encroachments: Development exists within 45 degree angle of Top of Slope Variations requested: Minimal development within 100' offset from 100 year flood plain line *Existing To Remain Unchanged 00 f 2013. ASL- (/1 RECEIVED ATTACHMENT 2 -LAND USE APPLICATION AUG 5 2013 PROJECT: C t Th' OF ASPEN Name: 1409 Crystal Lake Road COMMUNITY DEVELOPMENT Location: 1409 Crystal Lake Road, Lot 9 Gordon/Callahan Resubdivision (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718146009 0 APPLICANT: Name: Rick Beckwitt, Trustee 59 Address: BCL Trust, 1707 Marketplace Blvd, Suite 250, Irving, TX 75063 Phone #: (469) 587-5223 - j REPRESENTATIVE: Name: Steev Wilson, Partner Address: Forum Phi, 117 S Spring St #202, Aspen Phone #: 279-4109 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS A 110tment Â® Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: U Conditional use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1 single family residence + ADU PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Building Envelope Redistribution/Adjustment, Ditch Location & Easement Adjustment Lower Level Addition below driveway, garage, ADU, Addition to Northeast corner of Lower Level and Main Level Have you attached the following? FEES DUE: $ U Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 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 ifyou must submit a 3-D model. A.Ju f REC 810 El El PROJECT DESCRIPTION Forum Phi requests your approval of a PUD Amendment for Administrative Stream Margin Exemption and Envelope Adjustment for our project at 1409 Crystal Lake Road. Existing conditions on the property consist of a 3 story single family residence with an ADU. The existing structure was built in 1994 and the lot has received numerous land use decisions (see attached). Our proposal consists of adjusting and redistributing the existing Building Envelope and Patio Restriction Area as well as locating the existing ditch and redefining the ditch easement accordingly. An addition to the Main Level is proposed on the north side of the structure and a large addition is proposed to the Lower Level. The existing structure exists outside the current building envelope. Our proposed envelopes are the same size as the existing envelopes. They encompass the existing and proposed development as well as restrict proposed and future development on the West (river) side of the house. The existing ditch easement does not encompass the existing ditch, so we propose to redefine the ditch easement to do so. A significant addition is proposed to the Lower Level. It is entirely subgrade, but will be exposed for the purpose of egress from two bedrooms. A small portion of this addition is proposed within the 100' offset of the 100 year flood plain line as defined and approved by the Development Engineer and as indicated on the Amendment Plat, Envelope Plan, and Site Plan. Because this portion of development is proposed in the shadow of existing development in regards to the river, is not visible from the river, and is not visible due to an existing fence that will remain, the proposal has been approved by the relevant Home Owner's Associations. An addition to the Main Level is proposed to correspond with the Lower Level addition on the north side of the house only. Improvements to the exterior of the house include new glazing in select locations, new railings at the balconies as well as new terrace access from the Lower Level. All additions and improvements will be materially and aesthetically consistent with the existing structure. A concrete foundation and concrete retaining walls will be poured to build the Lower Level addition. All other construction will be stick-framing. During construction the Contractor will follow a Construction Management Plan to comply with City of Aspen requirements. This Land Use Application is complete per PUD Amendment and Stream Margin Review Exemption Requirements listed in the City of Aspen Community Development Department's Land Use Application Package. As requested, compliance with relevant sections of the City of Aspen Land Use Code is addressed in the attached pages. REVIEW STANDARDS COMPLIANCE 26.410.040. Residential Design Standards. This development was permitted and completed prior to the establishment of Residential Design Standards. Many existing conditions do not comply. A. Site design. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "faÂ¢ade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist or are proposed, it is intended that they be used to define the boundciries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation. Thefront facades ofall principalstructures shall be paralleito the street. On corner lots, both street-facing.facades must be parallel to the intersecling streets. On curvilinear streets, the front facade of allstructures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.8.4 shall be exempt from this requirement. One * element, such as a bay window or dormer, placed at u front corner of the building may be on a diagonal from the street if desired. Driveway access to the property is on a curvilinear street. The front facing facade does not parallel the tangent of the midpoint of the arc of the street. The existing non-conforming condition will remain unchanged. 2. Build-to lines. On parcels or lots of less than Jifteen thousand (15,000) square feet, at least sixty percent (60%) ofthefront faqade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be mel on the frontage with the longest block length. Porches may be used to meet the sLro percent (60%) standard. The parcel is greater than 15,000 square feet. Compliance with this standard is not applicable. 3. Fences. Fences, hedgerows and planter boxes shall not be more than forty-two (42) inches high, measured from natural grade, in all areas forward of the front fac{ide of the house. Manmade berms are prohibited in the front yard setback. No fences, hedgerows or planter boxes exist in any area forward of the front facade of the house, and none are proposed. If the proposal should change, these features will not be more than 42" high. B. Building form. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes which are more similar in their massing, by promoting the development of accessory units off of the City alleys and by preserving solar access. 1. Secondary mass. All new single-family and duplex structures shall locate at least ten percent (10%) of their total squarefootage above grade in a mass which is completely detachedfrom the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.8.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of linking u primary and secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9) feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. The parcel is located outside the Aspen infill area. Therefore this standard is not applicable per section 26.410.010.B.3. C. Parking, garages and carports. The intent of the following parking, garages and carport standards is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages and carports on alleys or to minimize the presence Of garages and carports as a lifeless part of the streetscape where alleys do not exist. 1. For all residential uses that have access from an alley or private road, the following standards shall apply: This residential use does not have access from an alley or private road. a) Parking, garages and carports shall be accessed from an alley or private road. b) U the garage doors are visible from a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. c) If the garage doors are not visible from a street or alley, the garage doors may be either single- stall or normal double-stall garage doors. 2. For aH residential uses that have access only from a public street, the following standards shall apply: This residential use has access only from a public street. a) On the street facing facade(s), the width of the living area on thefirst-floor shall be at least.five (5) feet greater titan the width of the garage or carport. This standard is met by the garage being 26'-8" wide while the living area is 56'-2" wide. b) The front facade Of the garage or thefront-most supporting column of a carport shall be set back at least ten (10) feetfurtherfrom the street than the front-most wall of the house. See explanation of compliance in standard c) below. c) On lots ofat least jifteen thousand (15,000) squarefeet in size, the garage or carport may be forward of the fronl facade of the house only if the garage doors or carport entry are perpendicular to the street (side loaded). The existing configuration complies with this standard as the parcel is greater than 15,000 square feet and the existing garage doors are both forward of the front facade of the house and perpendicular to the street (side-loaded). The existing configuration will not change. d) When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, measured from natural grade. The existing condition meets this standard. The garage is below the street level and the driveway cut within the front yard setback does not exceed two (2) feet in depth. e) The vehicular entrance width of a garage or carport shall not be greater than twenty-four (24) feet. Each of the existing garage doors is nine (9) feet wide totalling eighteen (18) feet. The existing condition meets this standard and will not change. D U the garage doors are visible from a public street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. The garage doors are not visible from a public street or alley. Regardless they are single-stall and will remain unchanged. D. Building elements. The intent of thefollowing building element standards is to ensure that each residential building has street-facing architectural details and elements, which provide human scale to thefacade, enhance the walking experience and reinforce local building traditions. 1. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.0 JO.B.4 shall have a street-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street-oriented entrance for every four (4) units and.front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisjied if all of the following conditions are met: a) The entry door shallface the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. Nothing about the existing condition conforms to this standard. The existing condition will remain unchanged. b) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part ofthefront facade. Entry porches and canopies shall not be more than one (1) story in height. A covered entry porch of eighty (80) square feet exists. The plate height of its roof covering is 14'-0" and is proposed to remain unchanged. c) A street-facing principal window requires that a significant window or group of windows face street. A considerable amount of glazing exists on the street-facing facade. No windows are distinctly principal and no changes to this non-conforming condition are proposed. 2. First story element. All residential buildings shall huve a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feetfrom the wall the first story element is projecting from. Assuming that the jirst story element includes interior tiving space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. Afirst story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over thefirst story element; however, accessible space over the remaining first story elements on the front faqade shall not be precluded. Nothing about the existing condition conforms to this standard. The existing condition will remain unchanged. 3. Windows. a) Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feel (12) above thejinished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Existing windows span through the area where a second floor level would typicall exist. The existing condition will remain unchanged. b) No more than one (1) nonorthogonal window shall be allowed on each facade of the building. A single nonorthogonal window in a gable end may be divided with mullions and still be considered one (1) nonorthogonal window. The requirement shall only apply to Subsection 26.410.010.8.2. The parcel is located outside the Aspen infill area. Therefore this standard is not applicable per section 26.410.010.B.3. 4. Lightwells. All areaways, lightwells and/or stairwells on the street-facing facade(s) of a building shall be entirely recessed behind the front-most wall of the building. No areaways, lightwells or stairwells exist on the street-facing facade and non are proposed. E. Context. The intent ofthefollowing standards is to reinforce the unique character of Aspen and the region by drawing upon Aspen's vernacular architecture and neighborhood characteristics in designing new structures. 1. Materials. Thefollowing standards must be met: a) The quality of the exterior materials and details and their application shall be consistent on all sides of the building. Exterior materials and details and their application are consistent on all sides of the existing buildng. Proposed exterior materials and details and their application shall be consistent with existing conditions. b) Materials shall be used in ways that are true to their characteristics. For instance sfucco, which is a light or nonbearing material, shall not be used below a heavy material, such as stone. Materials are used in ways that are true to their characteristics. Proposed materials shall be consistent with existing conditions. c) Highly reflective surfaces shall not be used as exterior materials. No highly reflective surfaces exist as exterior materials and none are proposed. 2. inflection. Thefollowing standard must be met for parcels which are six thousand (6,000) square feet or over and as outlined in Subsection 26.410.010.B.2: a) If a one-story building exists directly adjacent to the subject site, then the new construction must step down to one-story in height along their common lot line. U there are one-story buildings on both sides offhe subject site, the applicant may choose the side toward which to inflect. The parcel is located outside the Aspen infill area. Therefore this standard is not applicable per section 26.410.010.B.3. A one-story building shall be defined as follows: A onestory building shall mean a structure or portion of a structure, where there is only one (1) floor offully usable living space, at least twelve (12) feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one * story tall as far back along the common lot line as the adjacent building is one (1) story. 26.435.040. Stream margin review. A. Applicability. The provisions ofthe stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. Minimal development is proposed within one hundred (100) feet from the high water line of the Roaring Fork River. We would like to request and administrative review because, in addition to being slight, the proposed development within the 100' line is also in the "shadow" of existing development. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the Cio, engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. No construction of improvements of these types is proposed, although proposed development will be engineered to improve flow through drainage channels. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prexcribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with tile stream margin review standards. No construction of improvements essential specifically for public health and safety are proposed. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to tile floor area of the existing structure or increase the amount of building area exemptfromfloor area calculations by more than twenty-Jive percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Proposed development within the 100' line adds 1.5% to the floor area of the existing structure and does not increase the amount of building area exempt from floor area calculations at all. b) The development does not require the removal of any treefor which a permit would be required pursuant to Chapter 13.20 of this Code. Proposed development has been designed to keep all existing trees, especially those which would require a permit to remove. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line titan ix the existing development; Proposed development is in the "shadow" of existing development as it relates to the high water line. d) The development does not fall outside of an approved building envelope if one has been designated through (i prior review; and The proposed development falls within the proposed adjusted building envelope. The proposed envelope adjustment trades development right within the 100' line for minimal development right in the "shadow" of exisitng development, restricting development closer to the high water line. e) The expansion, remodeling or reconstruction will cause 110 increase to the amount Of ground coverage of structures within the 100-year flood plan. The proposed expansion will not cause an increase to the amount of ground coverage within the 100-year flood plain. C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensatefor any base.flood elevation increase caused by the development; and No development is proposed in the Special Flood Hazard Area. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A jisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and See Site Improvement Survey as well as noted prior approvals attached. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shaN be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F. 1; and No vegetation will be removed or damaged and no slope grade changes will be made outside of the proposed envelopes. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and The proposed development will not pollute or interfere with the natural changes of the river. Erosion and sedimentation will be controlled during constuction. Increased on-site drainage will be engineered and reviewed by the City of Aspen development engineering department. If a hot tub is propoosed it will no be drained outside of a designated envelope. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and No alteration or relocation of a water course is proposed. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the-flood carrying capacity on the parcel is not diminished; and Such a guarantee will be provided in the event a water course is altered or relocated. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year jlood plain; and No work is proposed within the 100-year flood plain. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including frees, shrubs,Jlowers and grasses) outside ofthe designated building envelope on tile river side shall be native riparian vegetation us approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and Jiled at the City Engineering Department; and No development other than approved native vegetation is proposed within fifteen (15) feet of the top of slope. 9. AN development outside theffteen (15) foot setback from the top Of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and A new top of slope line has been determined and approved by the development engineering department which is more restrictive than the top of slope line determined for the original development. As a result, development exists outside the 45 degree angle line from the top of new slope. The proposed development intends to decrease and therefore improve the impact of this non- conforming condition. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and All proposed exterior lighting will comply with these requirements. See plan attached. 11. There luis been accurate identification Of wetlands and riparian zones. No wetlands or riparian zones have been identified. 26.445.100. Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a Jinal development plan may be authorized by the Community Development Director. The following shall not be considered an insubstanfial amendment: 1. A change in the use or character of the development. No change in use or character is proposed. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Proposed development increases site coverage by 0.9% 3. Any amendment mat substantially increases trip generation rates of the proposed development or the demand for publicfacilities. The proposed development will not increase trip generation rates or demand for public facilities. 4. A reduction by greater than three percent (3%) of the approved open space. Open space requirement s are not applicable to the subject parcel. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Off-street parking and loading space requirements are not applicable to subject parcel. 6. A reduction in required pavement widths or rights-of-way for streets and easements. No reductions in required pavement widths or rights-of-way for streets and easements are proposed. 7. An increase of greater than two percent (2%) in the approved gross leasable jloor area of commercial buildings. Not applicable. 8. An increase by greater than one percent (1%) in the approved residential density of the development. Proposed development does not increase residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or whicli requires granting a variation from the project's approved use or dimensional requirements. No changes inconsistent with the project's original approval are proposed. No variations from the project's approved use or dimensional requirements are requested. B. Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the Planning and Zoning Commission, at a public hearing pursuant to Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall be considered the.final action, unless the decision is appealed. An applicant may appeal an amendment determination made by the Planning and Zoning Commission to the City Council. In this case, the determination made by the Planning and Zoning Commission shall be considered a recommendation and the amendment shall be subject to final development plan review and approval by the City Council, pursuant to Subsection 26.445.030.C, Step 4. An amendmentfound to be inconsistent with the approved fnal development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council, pursuant to Subsection 26.445.030.C, Steps 3 and 4. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but not be limited to, portions of the development which have not obtained building permits or are proposed to be amended, any new community policies or regulations which have been implemented since the original approval or changed or changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. C. Absence of approved jinal development plan. In the absence of an approved final development plan for a site designated PUD on the Official Zone District Map, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal is an insubstantial or other amendment. An accurate improvement survey plat and site plan are attached. A final developmen plan will be prepared and submitted as a condition of approval. ,-- 12 0613 . 4 / /Â£#, Â·21 1 02 ikil.>/7/1/..9./6/ 314:11 . 4.-Â·, Â· Â·' --14323>id~br 2 . 4 . / U '. C, 6 ..1 .4 l...Fr -- :L*:21: ~ . ~ --Â·~* f F x. 1 1 \21,1 17, i '9'~- *if Â£,-,4 -. . . n - - ..: I. I I I:,f,8 - 1,17 , 4 1 F 1 -.. / 1 7 / .*2 -. , DEAN r.- I - 11413 IL_ :22-5 . Â£... 92.5 ....... j -P /F. f. 1.0.//../ 1/ / 4 %, M , , ----/.-- P / 41 L_ ---- - 7 - 2 ic zl --Ez:ZE IRJ I'l Fi-- 2 ' V- 6.0 1015, -2 ~ i F AD..90962/9 -9 ' , 2/9 tv ' / / r i.-, i : r + 11'*. a / ..<52. - - / #-; ,/:4:,0.00,9 - f ~ . M.- 1 / i h Â£ 11 11 : i :V, I. A. . --- -- 11,1~,11 72--- />AH 0 _ _ ~Â· 2,~ 0 Â«/ 4 /Ll . 911 --Â·i -- L :. 1 -7-1-.,..93 1 2)2.9, .0. ' t. 424 m ..54> . \-P 1 12.3 â‚¬4:*42* H *5* 4 Â¥tÂ·~ g ;fli,Â¢f I 6 , e , Â·v- . <-34 4194*Lty' \ I ' I --: / 1 59. I .. . - f a fF . 1 V...1 .1,1 1 ~$ 61 1116 '1 1%-14./. / . f i, ''Â·i </ 610 ffbt/, ..., ~ ;; 1 2*- 1 , 1 -r.1 ~ ~/1280 ~ O ' ni L. 1 1 . V W. t. L-1--I-%--% ' I 3 -1 C â‚¬4' v - Â·:'.95#.7 c - ./ 6.,mis../7.. -3 9 ~ -*t~14Â·SC4rtrai Call - h... i...43Â« 6 7.TRR-Â» . i f \A# / /"'- f ..1 L ... P..cr ~Â·~47/,~~~*s.<14-Â· 1-ii - '' 1 \Ev / / 2%. 1....F/J .. .'. 1, .., .. ... --h=-=-7 ./ ../ ....i, 1...7 1Â·11 INDEX OF PRIOR APPROVALS (1 copy submitted) Land Use Code section adressing method of Floor Area Calculation in effect on January 9 1991 per Ord 52-1993 SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT CALLAHAN SUBDIVISION Reception Number 183890 Book 312 Page 110 PUD SUBDIVISION AGREEMENT GORDON/CALLAHAN RESUBDIVISION Reception Number 329630 Book 637 Page 137 ORDINANCE NO. 23 (SERIES OF 1993) Reception Number 358874 Book 718 Page 39 AMENDMENT NO. ONE, FINAL PLAT LOT 9 GORDON/CALLAHAN RESUBDIVISION Reception Number 362894 Book 32 Page 99 PUD SUBDIVISION AGREEMENT LOTS 2A, 28,2C, AND LOT 9 GORDON CALLAHAN RESUBDIVISION Reception Number 362898 Book 729 Page 521 PROTECTIVE COVENANTS Reception Number 362896 Book 729 Page 505 EASEMENT AND LICENSE AGREEMENT Reception Number 362897 Book 729 Page 511 ORDINANCE 52 (SERIES OF 1993) Reception Number 362982 Book 729 774 RECEIVED CITY OF ASPEN AUG 5 2013 PRE-APPLICATION CONFERENCE SUMMARY CITY OF ASPEN pOMâ€ž1 INITY P '/FLOPMENT PLANNER: Sara Nadolny 970-429-2739 DATE April 4, 2013 PROJECT: 1409 Crystal Lake Road REPRESENTATIVE: Steev Wilson APPLICATION TYPE: Stream Margin Review, Envelope Adjustment DESCRIPTION: The potential applicant is interested in creating an envelope adjustment at the subject property that will not add any square footage to the envelope, but will adjust it in such a way as to encompass the existing development, as well as a slight section of new development. The newly proposed addition to the existing residence will need to undergo Stream Margin Review, as the development is within 100' of the flood plain of the Roaring Fork River. This and the envelope adjustment can both be handled through an administrative review process. All new development will also be subject to the guidelines found in the Residential Design Standards. A 20' Riverside Ditch Easement exists on the eastern side of the property, and will affect the ability to further develop the property. The applicant's representative has researched this issue and found that the easement does not actually exist directly in relation to the actual ditch. Mr. Wilson is working with the ditch company to resolve this issue prior to proceeding with the envelope adjustment and new development. This parcel is part of the Gordon/Callahan subdivision and is also a PUD. The subdivision is owned by the Aspen River Friends (ARF) group, which reduced the number of single family parcels that is the subject property from four to one single family parcel through Ordinance No. 23, Series of 1993. As part of this approval ARF also dedicated a pedestrian trail easement, designated the building envelope for this lot, and restricted the amount of allowable floor area to 8,500 square feet. The final plat for Lot 9 of the Gordon/Callahan Resubdivision is recorded at Book 32, Page 99. The final plat that contains the resubdivision for all lots is recorded at Book 25, Page 75. The potential applicant will be required to receive approval from the ARE and may require additional HOA approval from the Aspen Club, as part of the application submission. As part of this application, the potential applicant must respond to the review criteria for Stream Margin (Section 26.435.040.C.1-11). A new plat will be created and recorded as part of the envelope adjustment approval, and will require additional recording fees. Relevant Land Use Code Section(s): 26.104.100 Definitions: Building Envelope 26.304 Common Development Review Procedures 26.435.040. Stream Margin Review 26.410 Residential Design Standards 26.445 Planned Unit Development (PUD) 26.575.100 Building envelopes Land Use Code is available at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Land Use Application is available at: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20use%20app %20form.pdf Review by: Staff for completeness, Envelope Adjustment and Stream Margin reviews ~ Referral Agencies: Parks & Engineering Planning Fees: $1,300 for four (4) hours of staff review time. Any additional hours will be billed at a rate of $325/hr. Referral Agency Fees: Parks. $650.00 (flat fee) Engineering: $265 (1 hour) Total Deposit: $ 2,215 To apply, submit the following information: Â£ Proof of ownership with payment. Il Signed fee agreement. Il Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â¤ 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. 0 Total deposit for review of the application. Il 12_Copies of the complete application packet and maps. 0 2.Copies of full-sized plans, to scale. Il An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing Il Copies of prior approvals. Il Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Il Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920- 5090 for additional information. 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.