The URL can be used to link to this page

Home My WebLink AboutLand Use Case.620 E Hyman Ave.0052.2014.ASLUr 0052.2014.ASLU 620 E HYMAN AVE 1 2735 182 120 09 COMMERICAL DESIGN REVIEW S 9/6--Â« 0 -D 1 0- -Fi k 4 External Media Located Here M-007562 L RMMI THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0052.2014.ASLU PARCEL ID NUMBERS 2733 182 120 09 PROJECTS ADDRESS 620 E HYMAN AVE PLANNER SARA NADOLNY CASE DESCRIPTION COMMERICAL DESIGN REVIEW REPRESENTATIVE KIM RAYMOND DATE OF FINAL ACTION 8.19.14 CLOSED BY ANGELA SCOREY ON: 3.6.15 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~0 Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, 20*1 (name, please print) being or repMsenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 1/0' Publication ofnotice.Â· ~ By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice. By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2< day of 414?05'r , 204, by :4}Â¥i't 5&0-â‚¬-1 PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title My commission expires: 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: 620 E. Hy- man Ave, legally described as Tamarawood Build- ing Condominiums, Units 1 - 4, City and Townsite of Aspen, Colorado, Parcel ID's 2737-182-12-009, 2737-182-12-010, 2737-182-12-011, 2737-182-12-012. The Applicant, Aspen Core Notary Public Penthouse, LLC, 0133 Prospector Rd #4102B, As- pen CO, has been approved by the Planning and Zoning Commission on August 19th during a duly noticed public hearing to remove the existing light- colored diagonal wood siding found on the build- ing's exterior street-facing fagade and replace it with a dark-colored large.format ceramic tile with ATTACIIMENTS: steel C-channel trim. For further information con- tact Sara Nadolny at the City of Aspen Community Development Dept. 130 S. Gatena St, Aspen, Colo- rado (970) 429-2739, or sara.nadolny@cityo- faspen.com. COPY OF THE PUBLICATION W City of Aspen Published in The Aspen Times on August 28th, 2014 (10496355) Souj N Expubit L AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTÂ¥: 07 10 6 947 "*1/ , ASpen, CO SCHEDULED PUBLIC HEARING DATE: .-14Â§ Â£29 ~hly.&1~ l194- 10/:Sop,19-1Â¥ STATE OF COLORADO ) ) SS. County of Pitkin ) L (name, please print) being or representing an Applicant to'ftle City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice. By posting of notice, which form was obtained from the ComInIlity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached Â·hereto. Mailing of notice. By the-mailing of a notice obtained from the Community . Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A (Â°Py of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.0355 Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notifcation and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) #.. , 9 -- Â· 9 . ; I % Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title a,nd enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteed (15) days prior to the public hearing on such amendments. h WAS+L Â· Signature The fore~mgg t'Affidavit of Notice" was acknowledged before me this~.~day Of 520-tiby N 1 0014 11 2-n M,i n~ 49 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: al{41(lf h*Â£ A 84_ -Po- Notary Public L KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID #19964002767 My Commission Expires February 15, 2016 â€¢ COPY OF THE PUBLICATION - â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .i PUBLIC NOTACE RE:620 E. Hyman Ave - Insubstantial Amend- mint to Commercial Design Review Approval NOTICE IS HEREBY GIVEN that a pubiic hearing will be held on Tuesday, August 19th, 2014, to be- gin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall 130 S. Galena St. Aspen, to consider a request for an Insubstantial Amendment to a Commercial De- sign Revjew Approval at 620 E. Hyman Ave., le gally described as Lots P&0, Block 99 of the City and Townsite of Aspen, Pitkin County, CO, sub- mitted by Aspen Core Penthouse, LLC of 0133 Prospector Rd, Aspen CO. The applicant is re- questing a change in materials to the exterior street-facing fagade of the building. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S, Galena St., Aspen, CO 970.429,2739, or by email at sara.nadolny@cityofaspen,com. s/ LJ Erspamer Chair, Planning and Zoning Commission Published in the Aspen Times on July 31st, 201 (10412214) PUBLIC NOTICE Of DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 5th, 2014, to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider a request for an 1nsubstantial Amendment to a Commercial Design Review Approval at 620 E. Hyman Ave., legally described as Lots P&O, Block 99 of the City and Townsite of Aspen, Pitkin County, CO. The applicant is requesting a change in materials to the exterior street- facing fa~ade of the building. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 970.429.2739, or by email at sara.nadolny@cityofaspen.com. s/ LJ Erspamer Chair, Planning and Zoning Commission Published in the Aspen Times on July 17, 2014 City o f Aspen Account AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 0 2 (3 Â£ il; #f ill AY-1 4 1/11.- f.?fvlfj' -ku LE:~~oen,to SCHEDULED PUBLIC HEARING DATE: 1-01(b I E-1 920/9, STATE OF COLORADO ) ) SS. County of Pitkin ) 1, fl j ri*1.72 Aj 01/1.6 n O (name. please print) being or representing an Applicant to the City of Aspen. Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 14 MÂ·fublication of notice: TW fhe publication in the legal notice section of an official / paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posung of notice, which form was obtained from the Community Development Department. which was made of suitable. waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high. and which was composed of letters not less than one inch in height. Said notice wiÂ¢s posted at least fifteen (15) days prior to the public hearing on the flday of ,_14,Ulol ,20,4, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 1/ Mailing Of notice. By the mailing of a notice obtained from the Community A f Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid US. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 01 1 A. p ~:/r--Neighborhood Outreach: Applicant attests that neighborhood outreach summarized and attached. was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) &1 ~/~' Mineral Estate Owner Notice. B'y the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions. SPAs or PUDs that create more than one lot. new Planned Unit Developments. and new Specially Planned Areas, are subject to this notice requirement. M 1,4 Rezoning or text amendment. Whenever the official zoning district map is in any /1 1 way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended. whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature jy The foregoing "Affidavit of Notice' was acknowled#QQ bgfore me this ~fl~ay of ] 421 , 20_Hz, by R 1/4\01 r,R WITNESS MY HAND AND OFFICIAL SEAL L KRISTIN PRIDE /34 4 NOTARY PUBLIC Mwcommission expires: 7 STATE OF COLORADO +Ah /' -.-9 1 i NOTARY ID #20064029379 My Commission Expires July 30, 2014 1 11.. tlpp- jdly,~ /1 fl ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION ~ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 m~ AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, August 19,2014 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS - A) 620 E. Hyman Ave. - Commercial Design Review VI. OTHER BUSINESS VII. ADJOURN Next Resolution Number: 13 Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest (handled at beginning o f agenda) 2) Provide proo f o f legal notice (affidavit of notice for PLI) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of hearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met. Revised April 2,2014 P1 MEMORANDUM TO: Planning and Zoning Commission FROM: Sara Nadolny, Planning Technician THRU: Jennifer Phelan, Deputy Community Development Director MEETING DATE: August 5, 2014 RE: 620 E. Hyman Ave. - Final Commercial Design Review APPLICANT /OWNER: SUMMARY: Aspen Core Penthouse, LLC The Applicant requests the Planning and Zoning Commission approve the application for Final REPRESENTATIVE: Commercial Design Review. The Applicant is Kim Raymond Architects proposing changes to the materials found on the 802 E. Cooper Ave., Suite 4, Aspen exterior street-facing faâ„¢le of the building which CO 81611 include replacing the existing light-colored diagonal wood siding and wood trim with large-format dark- LOCATION: colored ceramic tile and steel C-channel trim. 620 E. Hyman Ave., Tamarawood Condominium Building STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Commission CURRENT ZONING & USE approve this request, finding the application to meet This property is located in the all relevant criteria. Commercial (C-1) zone district. The lot currently contains a mixed-use *.< building, housing both commercial and residential uses. El=- 4*9 ,: -- PROPOSED LAND USE: I /1 ' * - B5 There is no change in use associated ? with this land use application. ,# 0Â· 01,6.., , | /'4 -- Arâ€¢=922~ - 4 -- f \ i A , U e TE - 4... . *7<-I -- Figure A: Image of subject property 1 P3 on the elevator element. Combined with the new materials, this will provide for greater variation in color and provide a more defined sense of articulation on the building than currently exists with the single color tone. The proposed change to the external building materials does not impact the amount of public amenity space found on-site, nor does it change existing utility, delivery and trash service provisions. The building will continue as mixed-use, housing both commercial and residential units. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the request for Final Commercial Design Review at this location, finding all relevant criteria to be met. PROPOSED MOTION: "I move to approve Resolution # , Series 2014, approving Final Commercial Design Review for the project located at 620 E Hyman Ave." ATTACHMENTS: Exhibit A - Materials Plan Exhibit B - Commercial Design Review Criteria Exhibit C - Commercial Design Standards Exhibit D - Commercial Character Area Review Criteria Exhibit E - Application 3 P5 Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction3 such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission of the City of Aspen on this 19th day of August, 2014. LJ Erspamer, Chairman APPROVED AS TO FORM: Deb Quinn, Assistant City Attorney ATTEST: Cindy Klob, Records Manager Exhibit A: Materials Plan 2 P7 Exhibit B Commercial Design Review Criteria Commercial Design Review 26.412.050. Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. Staff Response: Staff has found the proposed changes in materials to the exterior fa,ade of the Tamarawood Condominium Building to meet the requirements of the Code's Commercial Design Standards. The proposed material changes have no impact to the on-site public- amenity space associated with this parcel, nor does it affect the existing utility, delivery and trash service provision. Stafffinds this criterion to be met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fagade of the building may be required to comply with this Section. Staff Response: This proposal does not involve the conversion of the existing structure to commercial use. This is currently a mixed-use building, and will continue to be used in this manner without changes to the interior configuration of commercial and residential spaces. Stafffinds this criterion to be not-applicabte. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. Staff Response: This property is located within the Commercial Character Area. There are few criteria from the Commercial chapter of the Design Objectives and Guidelines document that apply to this proposed project. Staff has reviewed this application against the relevant criteria, as in Exhibit D following, and has found this application to be iii compliance with these guidelines. Stafffinds this criterion to be met 1 P9 Staff Response: The proposed change to the building's exterior materials has no impact on the existing public amenity space, nor has the Applicant proposed any additional public amenity space for the site. Staff jinds this criterion to be not-applicable. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. Staff Response: The proposed change to the building's exterior materials has no impact on the existing public amenity space, nor has the Applicant proposed any additional public amenity space for the site. Stafffinds this criterion to be not-applicable. B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of allenÂ¥ays. The following standards shall apply: 1. A trash and recycle service area shall be accommodated on all projects and shall meet the minimum size and location standards established by Title 12, Solid Waste, of the Municipal Code, unless otherwise established according to said Chapter. Staff Response: The proposed change to the building's exterior materials have no impact on the trash and recycle service already provided. Staff finds this criterion to be not- applicable. 2. A utility area shall be accommodated on all projects and shall meet the minimum standards established by Title 25, Utilities, of the Municipal Code, the City's Electric Distribution Standards, and the National Electric Code, unless otherwise established according to said Codes. Staff Response: The proposed change to the building's exterior materiats have no impact on the building's existing utility area. Staffjinds this criterion to be met. 3. All utility, trash and recycle service areas shall be co-located and combined to the greatest extent practical. Staff Response: The proposed change to the building's exterior materials have no impact on the trash and recycle service already provided. Staff finds this criterion to be not- applicable. 4. If the property adjoins an alleyway, the utility, trash and recycle service areas shall be along and accessed from the alleyway, unless otherwise approved through Title 12, Solid Waste, of the Municipal Code, or through Chapter 26.430, Special Review. Staff Response: The proposed change to the building's exterior materials have no impact on the trash and recycle service already provided. Staff finds this criterion to be not- applicable. 3 Pll 10. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Staff Response: This application involves the replacement of exterior materials and does not involve new or remodeled structure such that would cause any new requirements to exhaust venting. Stafffinds this criterion to be not-applicable. 11. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. Staff Response: This application involves the replacement of exterior materials and does not involve new or remodeled structure such that would cause any new requirements to exhaust venting. Stafffinds this criterion to be not-applicable. 12. The trash and recycling service area requirements may be varied pursuant to Title 12, Solid Waste, of the Municipal Code. All other requirements of this subsection may be varied by special review (see Chapter 26.430.040.E, Utility and delivery service area provisions). Staff Response: There are no variances been sought for the trash and recycling service area with this application. Stafffinds this criterion to be not-applicable. 5 .' -211 iL.. . 4 4 I 11.111] l' r. SPEN ~.AL ESTA 1/lillilk. .../I/~44+~~ 11 PUBLIC NOTICE ..,2 7 4 -August 19, 2014 Time:4:39_pm place: Sister Cities Room, 130 S.Galena_SL_Cjly__HaIL . 4>. hik Purpose: k:I att=.1 Asltel_CÂ«e_Penthouse-,LLC_0133 T' â€ž:eLÂ· _227Â·.. 44. Â·.- Prospector-Lnas_owner of this lot t, wi[Lappear_before_the-13@0-0-ing_.And- .. Zoning_Commission, on the above date and time, for a review related to an Insubstantial Amendmentto_an_~__ approved commercial design review. Â» Changes to the exterior street-facing ' building materials are proposed. For further information contact the City Planning Dept. at 970-429-2739. 2012 TRUST FBI RHODA ISRAEL 300 SOUTH SPRING STREET 308 HUNTER LLC 708 3RD AVE CONDOMINIUM ASSOCIATION 490 WILLIAMS ST NEW YORK, NY 10017 211 MIDLAND AVE #201 DENVER, CO 80218 BASALT, CO 81621 530 HOPKINS LLC 610 EAST HYMAN LLC 630 EAST HYMAN LLC 5301/2 E HOPKINS C/O CHARLES CUNNIFFE 532 E HOPKINS AVE ASPEN, CO 81611 610 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 633 SPRING 11 LLC 633 SPRING PENTHOUSE LLC 633 SPRING SECOND FLOOR LLC 418 E COOPER AVE #207 601 E HYMAN AVE 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 635 E HOPKINS LLC ALEXANDER THOMAS L ALPINE BANK ASPEN 532 E HOPKINS 715 E HYMAN AVE #27 ATTN ERIN WIENCEK ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 10000 GLENWOOD SPRINGS, CO 81602 ASPEN 719 HOLDINGS LLC ASPEN ART MUSEUM ASPEN BLOCK 99 LLC PO BOX 81016 590 N MILL ST 532 E HOPKINS AVE SAN MARINO, CA 91118 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN CORE VENTURES LLC ASPEN PLAZA LLC AUSTIN LAWRENCE CONNER LLC 418 E COOPER AVE #207 PO BOX 1709 532 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 AVP PROPERTIES LLC BARTLETT KATY I BASS CAHN 601 LLC 630 E HYMAN AVE #25 715 E HYMAN AVE #18 PO BOX 4060 ASPEN, CO 81611 ASPEN, CO 81611-2066 ASPEN, CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BELL MOUNTAIN QUALIFIED HIXON BURT LIVING TRUST PO BOX 1518 RESIDENCES PO BOX 2847 STOCKBRIDGE, MA 01262 CONDO ASSOCIATION LLC NEWPORT BEACH, CA 92659 320 S SPRING ST ASPEN, CO 81611 BELL MTN QUAL RES CONDO ASSOC BERN FAMILY ASPEN PROPERTY LLC BG SPRING LLC LLC PO BOX 8020 300 S SPRING ST #202 320 S SPRING ST GARDEN CITY, NY 11530 ASPEN, CO 81611 ASPEN, CO 81611 BIG HOPKINS LLC BISCHOFF JOHN C BOOGIES BUILDING OF ASPEN LLC 421 N BEVERLY DR #300 565 CITRUS AVE C/O LEONARD WEINGLASS BEVERLY HILLS, CA 90210 INPERIAL BEACH, CA 919321111 534 E COOPER AVE ASPEN, CO 81611 BORGIOTTI CLAUDIO BOULANGEE ERICA CARVER RUTH A & MARTIN G 10509 HUNTING CREST LN PO BOX 2596 116 S ASPEN ST VIENNA, VA 22192 ASPEN, CO 81612 ASPEN, CO 81611 CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC CICUREL CARY 630 E COOPER AVE 421 ASPEN AIRPORT BUSINESS CTR STE 2615 N LAKEWOOD ASPEN, CO 81611 G CHICAGO, IL 60614 ASPEN, CO 816113551 CITY OF ASPEN CJAR LLC CLARY EDGAR D IV 130 S GALENA ST 2514 LAKE MEAD DR 715 E HYMAN AVE #9 ASPEN, CO 81611 LAFAYETTE, CO 80026 ASPEN, CO 81611 COLBY WARD COLOSI THOMAS W COOPER SPRINGS LLC 715 E HYMAN #20 715 E HYMAN AVE APT 6 4 EASTON OVAL ASPEN, CO 81611 ASPEN, CO 81611-2099 COLUMBUS, OH 43219 DAILY CONNIE M DEVINE RALPH R DODEA NICHOLAS T 715 E HYMAN AVE #14 715 E HYMAN #13 715 E HYMAN AVE #19 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-2063 DRESNER MILTON H REV LVG TRST DUNN JUDITH A REV LIV TRUST EB BUILDING ASPEN LLC 28777 NORTHWESTERN HWY 8051 LOCKLIN LN 1601 ELM ST #4000 SOUTHFIELD, MI 48034 COMMERCE TOWNSHIP, MI 48382 DALLAS, TX 75201 ERGAS VENESSA BLAIR & CLAUDE ETTLIN ROSS L EXELCEDAR INC 20% PO BOX 4316 715 E HYMAN AVE # 7 534 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FAATH CARLOS M & MOLLY G FERRY JAMES H 111 FIGHTLIN JONATHAN D 715 E HYMAN AVE #1 BOX 166 715 E HYMAN #46 ASPEN, CO 81611 GLENCOE, IL 600220166 ASPEN, CO 81611-2063 FURNGULF LLP GAUBA ALENA GELD LLC 616 E HYMAN AVE 715 E HYMAN AVE #21 PO BOX 1247 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-1247 GLAUSER STEVEN JERRY & BARBARA GOFEN ETHEL CARO TRUSTEE GROSFELD ASPEN PROP PART LLC 460 ST PAUL ST 455 CITY FRONT PLAZA 10880 WILSHIRE BLVD #2222 DENVER, CO 80206 CHICAGO, IL 60611 LOS ANGELES, CA 90024 HAYLES THOMAS HEWINS SAMUEL HIMAN LLC 715 E HYMAN AVE #5 715 E HYMAN AVE #23 PO BOX 6159 ASPEN, CO 81611 ASPEN, CO 81611 SWANBOURNE WA 6010 AUSTRALIA, HOPKINS DEV LLC HORSEFINS LLC HUGHES GREGORY 345 PARK AVE 33RD FLR 601 E HOPKINS AVE 208 S SPRING ST #1 NEW YORK, NY 10154 ASPEN, CO 81611 ASPEN, CO 81611 HUNT SARAH J HUNTER PLAZA ASSOCIATES LLP HURST FERN K 715 E HYMAN AVE #22 602 E COOPER #202 1060 5TH AVE ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK CITY, NY 10128 IDS PARTNERS LLC INDY HOUSE LLC IRVINE DOUGLAS FORBES PO BOX 642 12555 BISCAYNE BLVD #711 101 S MILL ST #200 GWYNEDD VALLEY, PA 19437 MIAMI, FL 33181 ASPEN, CO 81611 ISRAEL KENNETH JARDEN CORPORATION JOSHUA & CO REAL ESTATE HOLDINGS 615 OCEAN BLVD 2381 EXECUTIVE CENTER DR LLC GOLDEN BEACH, FL 33160 BOCA RATON, FL 33431 300 S HUNTER ST ASPEN, CO 81611 JOYCE EDWARD KANTAS NICOLETTE KASHINSKI MICHAEL R 1310 RITCHIE CT 715 E HYMAN AVE #15 715 E HYMAN AVE #2 CHICAGO, IL 60610 ASPEN, CO 81611 ASPEN, CO 81611 LANDIS JOSHUA B LANDRY ELIZABETH J LAWROM LLC 715 E HYMAN AVE #4 PO BOX 3036 533 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 LUCKYSTAR LLC M CUBED HOLDINGS LLC MACKLOWE WILLIAM S & JULIE L PO BOX 7755 PO BOX 9667 126 E 56TH ST FL 28 ASPEN, CO 81612 ASPEN, CO 81612 NEW YORK, NY 10022 MALL-ARD ENTERPRISES LP MARTELL BARBARA MATTHEWS ZACHARY 317 SIDNEY BAKER S #400 702 E HYMAN AVE PO BOX 10582 KERRVILLE, TX 78028 ASPEN, CO 81611 ASPEN, CO 81612 MAYLE KENNETH D MCMURRAY WILLIAM & HELEN MYSKO ASPEN HOLDINGS 715 E HYMAN AVE #3 29 MIDDLE HEAD RD 615 E HOPKINS AVE ASPEN, CO 81611-2063 MOSMAN NSW 2088 ASPEN, CO 81611 AUSTRALIA, NETHERY BRUCE NIELSON COL STEVE & CAROL D NONNIE LLC 715 E HYMAN AVE #25 501 S FAIRFAX PO BOX 565 ASPEN, CO 81611-2063 ALEXANDRIA, VA 22314 ASPEN, CO 81612 OBERHOLTZER JORDAN OLITSKY TAMAR & STEPHEN PACIFIC WEST INVESTMENTS LLC PO BOX 10582 PO BOX 514 320 MARTIN ST #100 ASPEN, CO 81612 GWYNEDD VALLEY, PA 19437 BIRMINGHAM, MI 480091485 PITKIN CENTER CONDO OWNERS ASSOC PITKIN COUNTY BANK 80% PRICE GAIL 517 W NORTH ST 534 E HYMAN AVE 715 E HYMAN AVE #10 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PT HOLDINGS 11 LLC QTIP MARITAL TRUST 1/2 QUARRY INTERESTS LTD MIDLAND PROPERTIES INC 40 E 80TH ST #PH 26A 9932 LAKEWAY CT 2001 SHAWNEE MISSION PKWY #200 NEW YORK, NY 10075 DALLAS, TX 75230 MISSION, KS 66205 REUSS LIGHT LLC REVOLUTION PARTNERS LLC ROTHBLUM PHILIP 1/2 PO BOX 5000 PO BOX 1247 40 E 80TH ST #PH 26A SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81612 NEW YORK, NY 10075 RUDIN MICHAEL & SABRINA RUST TRUST RYERSON GEORGE W JR 345 PARK AVE 233 S BEVERLY DR#B 715 E HYMAN AVE #17 NEWYORK, NY 10154 BEVERLY HILLS, CA 902123896 ASPEN, CO 81611 SAHN KAREN R SAHR KAREN M SALET PHILIP S REV TRUST 715 E HYMAN AVE #11 715 E HYMAN AVE #8 PO BOX 4897 ASPEN, CO 81611-2063 ASPEN, CO 81611 ASPEN, CO 81612 SCHARIN JOHN SCOTT SCHNITZER KENNETH JR SCHNITZER KENNETH L & LISA L 715 E HYMAN AVE #11 2100 MC KINNEY ST 1760 2100 MCKINNEY AVE #1760 ASPEN, CO 81611 DALLAS, TX 75201 DALLAS, TX 75201 SESTIC ZORAN SHUMATE ASPEN LLC SILVER DIP EQUITY VENTURE LLC 530 E MAIN ST LOWER LEVEL 421 AABC #G 2100 MCKINNEY STE 1760 ASPEN, CO 81611 ASPEN, CO 81611 DALLAS, TX 75201 SMITH ALICIA M STERLING TRUST COMP STEWART TITLE CO 715 E HYMAN AVE #16 2091 MANDEVILLE CYN RD PO BOX 669 ASPEN, CO 81611 LOS ANGELES, CA 90049 HOUSTON, TX 77001 SUITE 300 OFFICE LLC SUITE 300 OFFICE LLC THOMPSON ROSS & LYNETTE 300 S SPRING ST #300 300 S SPRING ST #301 PO BOX 367 ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 816230367 TREUER CHRISTIN L VICTORIAN SQUARE LLC WEIDEL LAWRENCE W 5455 LANDMARKL PL #814 418 E COOPER AVE #207 PO BOX 1007 GREENWOOD VILLAGE, CO 801111955 ASPEN, CO 81611 MONROE, GA 30655 WILLIAMS CRAIG & LEE FAM PTNRSHP WISE JOSEPH WM SNOWMASS LLC 5577 CEDAR CREEK 1320 HODGES ST 500 FIFTH AVE #2440 HOUSTON, TX 77056 RALEIGH, NC 27604-1414 NEW YORK, NY 10110 WOODS FRANK J 111 WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST 51027 HWY 6 & 24 STE 100 13 BRAMLEY RD PO BOX 12347 GLENWOOD SPRINGS, CO 81601 LONDON W10 6SP UK, ASPEN, CO 81612 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Core Penthouse, LLC, 0133 Prospector Rd, #4102B. Aspen, Co 81611 Property Owner's Name, Mailing Address Tamarawood Building Condominiums, Units 1 -4, City and Townsite of Aspen, Pitkin County CO, commonly known as 620 E. Hyman Ave. Legal Description and Street Address of Subject Property The Applicant has received approval to remove the light-colored diagonal wood siding and wood trim found on the street-facing front faÂ©ade of the building and replace it with large-format dark- colored ceramic tile and steel C-channel trim. Written Description of the Site Specific Plan and/or Attachment Describing Plan Final Commercial Design Review Approval by the Planning and Zoning Commission via Resolution 13, Series of 2014 on August 19, 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 28,2014 Effective Date of Development Order (Same as date of publication of notice of approval.) August 29,2017 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 th~ 22nd day of August, by the City of Aspen Community Development Director. Chris Bentlon, Community Development Director P13 variation in color and a greater sense of articulation than currently exists with the single color tone. Stafffinds the criterion to be met. 1.46. High quality, durable materials should be employed â€¢ The palette of materials should be specified, including samples of materials as required. Staff Response: Staff has received a sample of the ceramic tile material front the Applicant's representative. The material appears to be high quality and durable. Staff finds this criterion to be met. 1.47. Building materials should have these features: â€¢ Convey the quality and range of materials seen traditionally â€¢ Reduce the perceived scale of the building and enhance visual interest of the facade â€¢ Convey a human scale â€¢ Have proven durability and weather characteristics within Aspen' s climate Staff Response: The proposed materials reflect the quality and range of those traditionally seen di Aspen. The proposed darker-colored materials paired with the existing light- colored materials will serve to enhance the building visually, and will not increase the perceived scale. Ceramic tiles are similar to masonry, material commonly used throughout Aspen, which luts proven durable and able to weather Aspen's climate. Staff finds this criterion to be met. 1.48. A building or additions should reflect the quality and variation in materials seen traditionally Staff Response: The proposed materials are representative of the high quality and variation of materials seen traditionally throughout Aspen. Stafffinds this criterion to be met. 1.49. Where contemporary materials are used they shall be: â€¢ High quality in durability and finish â€¢ Detailed to convey a human scale â€¢ Compatible with a traditional masonry palette Sta# Response: The proposed ceramic and steel C-channel materials are high iii quality and compatible with the traditional masonry palette. The use of these materials on the building's front faÂ¢a(le, combined with the existing materials and lighter color palette, will contribute to a more interesting faqade, with a more human scale, as the change in materials and colors provide some relief from a two-story nionotone building. 1 f)(Al'bit E ... June 13, 2014 Hillary Seminick City of Aspen Community Development Department 130 S Galena Street, 3rd Floor Aspen, CO 81611 RE: 620 E Hyman, Exterior Facade Summary Letter Aspen, Colorado Parcel ID: 2735-182-12-009 Dear Hillary, The following information will address the Sections of the Land Use Application Manual and the Land Use Code as outlined in your letter from the pre-application conference summary dated June 3, 2014. This property is located in the C-1, Commercial Zone District. RELEVANT LAND USE CODE SECTIONS SECTION 26.304 - Application 1. Please see attached letter of authorization from Aspen Core Penthouse, LLC, a Colorado limited liability corporation, granting Kim Raymond Architects, Inc authority to act on their behal f throughout this process. 2. Please see the attached Vicinity Map with a legal description and directions to the property. 3. Attached, please find the Disclosure o f Ownership in the form of the Title Insurance conveying the property to 100 East Main Street, LLC. 4. See number 2 above. 5. Please see attached Floor Plan and photo rendering depicting the proposed changes to the exterior fagade facing Hyman Avenue. 6. The footprint of the building is not being altered; so no survey is provided. 7. Please see below, the description and summary of all requested information pertaining to the Land Use Code sections in regard to the proposed development. 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 Additionally, please find a copy of the Pre-application Conference Summary sheet, attached at the end of this packet of information. This application package includes all requested documents as outlined in the pre-application conference summary dated June 3, 2014. Section 26.412 - Commercial Design Review Section 26.412.040 - Review Procedure Please see Section 26.304 above for general information. This application will include all the information, drawings and photographs as outlined in this section, along with the proposed building materials. Since this project has been considered as Minor by Staff, there will only be one meeting for review and approval by the Planning and Zoning Commission. Section 26.412.050 - Review Criteria This development will meet the requirements and intent of the commercial design standards and the Lodging and Historic District Objectives and Guidelines as applicable to this minor application. Section 26.412.060 - Commercial Design Standards A. Public Amenity Space Pursuant to Section 26.575.030 B Applicability and Requirement, this project is exempt from providing Public Amenity because we are not changing the footprint of the existing building. B. Utility, delivery and trash service provision The existing building has recycle bins and enclosed trash at the back o f the building adjacent to the alley; there is no change proposed for any of these services. The existing utilities will remain unchanged. Mechanical ventilation will be through the roof, set back from view from the public right of way. Section 26.412.070 - Suggested Design Elements All existing signage complies with the City's sign code and will be taken down while the new siding material is installed; then replaced to it's existing location. There is one retail space in this building, whose display windows are facing the public right o f way; no change to this fenestration. The lighting on the exterior does now and will continue to comply with the City's Outdoor Lighting Code; there will be no 'up-lighting' or over lighting. Section 26.575.020 - Calculations and Measurements. The floor area, building height, setbacks, site coverage and any or allleasable spaces, whether commercial, retail or residential are not changing or being affected in any way with this proposed work to the front facade. The minor changes to the building comply with the definitions, requirements and limitations as outlined in this section. Section 26.710.150 - Commercial Zone District (C-1) The building, as it exists currently meets the purpose of the C-1 zone district with a restaurant in the lower or subgrade space, retail and offices on the main floor and a residence that was established prior to Ordinance 25 in 2012. There is no change proposed to any o f the dimensional requirements; this 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 application is strictly for the change of appearance to the front fa,:ade by replacing and/or covering the tired wood siding and trim on the first and second levels with ceramic tile, which is manufactured to be used in an exterior application and steel trim in the shape of a light weight C-Channel. The proposed materials will update the look of the building and take care of maintenance issues by installing maintenance free materials where the wood is currently located. The design concept is in response to both the new art museum and the building next door to it. Most of the block is being upgraded and we want this building to be part of the 'new' look. Commercial, Lodging and Historic District Design Objectives and Guidelines We are seeking, from the Planning and Zoning Commission, the approval to replace or cover the existing wood siding located on the front faga(le of the building in question, located at 620 E Hyman with ceramic tile. We are also requesting the approval of steel "C"- channels being used as trim. Please see samples. In Summary, the proposed changes to this building comply with all requirements, limitations and restrictions as outlined in Title 26 of the Land Use Code and the Commercial, Lodging and Historic District Design Objectives and Guidelines; as described above. Thank you for your time and consideration of this matter. We look forward to giving this building a fresh new look. Sincerely, AcionFU L\ Kim Raymond, Princi~l Kim Raymond Architects, Inc 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 NOTICE OF APPROVAL FOR COMMERCIAL DESIGN REVIEW EXEMPTION TO TAMARAWOOD BUILDING CONDO UNIT 1, CITY AND TOWNSITE OF ASPEN; AKA 620 E HYMAN AVE. UNIT 1 Parcel ID: 2737-182-12-009 APPLICANT: Aspen Core Penthouse LLC 133 Prospector Rd. #4102B Aspen, CO 81611 REPRESENTATIVE: Kim Raymond Kim Raymond Architects, inc. 802 E. Cooper Ave. Suite 4., Aspen, CO 81611 970-925-2252 SUBJECT & SITE OF APPROVAL: Commercial Design Review Exemption at 620 E. I-Iyman Ave. ZONING: C-1 BACKGROUND: The applicant requests an exemption for exterior changes to the building located at 620 E. Ilyman Ave. Unit 1, based on the exemption for Commercial Design Review in Chapter 26.412.020, Applicability. SUMMARY: The applicant proposes to replace the existing eloth awning with a metal awning / shade element. The existing frosted glass and metal railings will be replaced with glass railings so both railings will match. The footprint of the decks/railings will not change with the proposed upgrades. The deck tile will also be replaced. The proposed changes are shown in Exhibit A. Initially, the applicant submitted elevations and a project description proposing replacing the existing wood siding with ceramic tile with the appearance of steel panels. The proposal included replacing existing wood trim with steel c-channels, Because these changes would trigger the Commercial Design Review process. they were removed from the application and from Exhibit A. pg. 1 of 2 STAFF EVALUATION: Iii Chapter 26.412.020. Applicability, applications for commercial development may be exempted from the provisions of this Chapter by the Community Development Director if the development is: A. An addition or remodel of an existing structure that either does not change the exterior of the building or, as determined by the Community Development Director. changes the exterior in such a minimal manner as to not justify this review. Staff finds the awning materials change be minor in nature. The railings will be changed to match and the railings will look similar to one of the existing railings. The replacement of the deck tile is not visible from the street. All the aforementioned changes are considered to be minor in nature and therefore exempt from Commercial Design Review. DECISION: The Community Development Director finds the Commercial Design Review Exemption as noted above and Exhibit A to be consistent with Chapter 26.412.020 and thereby, APPROVES the request with the following conditions. Condition 1: The residence may not alter the front-facing fa<ade of the building. APPROVED BY: -6 1-31 0 3~ al ~~vt PL/It-__-1 (9/ 1, u / 1' 7 - jennifer Pht~.9, Deputy Community Development Director Datd / Attachments: Exhibit A - Before and After Elevations pg. 2 of 2 HYMAN STREET . Exhibit A: Before and After Elevations Note: New street-facing facade tile and steel c-channels are not .â€¢~cÂ». g:im.2,-*A. - - 44 M I permitted by the Notice of Approval granted June 10, 2014. U -M ... 04;1'4Â«,1.â‚¬-~â€¢0C #L,>r. 3 L //1 ...... 42 3/ 4 6 2 1-X 22 â€¢i i %06*2%3 / / 1 . ...... - I ./I'll' ER:â‚¬EEW.:F0%: 2/ I 1 .LI[Â·Eck i.1. =â€¢:Tult....R=-pÂ«Â»i 4CM#=:, 20Â·-le I .M..0,-1,Â·Â·0At.Â·C#O~. %11 I r . -1-Â·T - 3 -ew,-t-~ I| I 1 .3 4 .t-*. L # 11 H 1 , T tlf- , , L t===1 1 1 : ~}R, - L-2,1â€ž---*.;0e-'WTJ.~..1 ~I~P ': ~ = --1- (CE . L 7 ,: ....1 MASTER 1 PENTHOUSE LEVEL ,... ., 1. 1.- 1,5/aVAM'-'.44 i ........146 Â·74 .Aq.4 '.~1~~4mT-7 3 Â·Â·- IC. 6/AIC>RAIL ./ 1 ' .../-...- J #I .. k G.1 >i f. r DATE ISSUE - * k-/ al /* i . I.H.1 ..9 1 1 @11,; 1 *, 41 1.PI, .-,~,â‚¬. .,Pl. Scalâ€¢ AS NOTED .DrE i, 1.41-r-- 4 2/ a...Ill;./-*'--=a.L953./ 1~~~Ii .ierIA#,Qa'.1.=ill#:Ill â€¢ 0, â€¢ILâ€¢t, â€¢i oâ€¢n i iâ€¢, .Â·Â· ..rie.. . â€¢iÂ©,-r= A1 3 BEFORE ELEVATION 2 AFTER ELEVATION snÂ·ie,IrED:u!>t ,!eule ZSZ SES-OÂ£61/1 U,0.'51/.1143,VPU l. U I >~ WLM r.. teAedâ‚¬Iâ‚¬#V JO!.jelx3 13OOW3H 3SAOH1N3d 32103 N3dSV (3)1 11Nn 'BAV NVPNAH .LSÂ¥8 019 00'N3dSV U 0 _ ,"lipi: r. ~e. ./ .:.t .'.M:hamlCO~1121 ,-2 . N I. 'I': I..42;1 17" .9.--/ I / 1 1 19 2 1 /1 1 401704Â»17 47 - 1Â»701 -- f.:lititÂ·:~j 1.-vi ; s f :- f 62Â»Â«09Â» 14- 0 4- ---;.:,: i~ -u -~. <~:~~,2 4 .1-3 -'.. ~ ...-29,4~ .:AilÂ·. *Pia :- ) 9 2 .3 // 67~Â·,; <29-,t~..299.' M .i..,ti?.Mi :..,12; 4 ;. fl 2*knro.tefid 01539 21 UfF>Â·44:1 LkÂ·.: 5 0*GtÂ·4 - Â·' ::27?-3 t .. . I ' ' ''Spk. I. .:- . 'p. ' .... 6/13/14 VICINITY Subdivision: TAMARAWOOD BUILDING CONDO Unit: 1 MAP Parcel ID: 2735-182-120-09 Z 1.2 - 4/'51)31!4 3 u o ut A e H 3SnOH1NBd 3%100 N3dSV 3ON3AV NVIAIAH 3 OZ9 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick DATR; oune 3, 2014 PROJECT: 620 E,Hyman Avel REPRESENTATIVE: Kim Raymond, Kim Raymond Architects JUN 1 b 70'4 REQUEST: Final Commercial Design Review CITY Or AbPEN COR'441'MITv ry:,/Cl AD"r.MT DESCRIPTION: The applicant is interested in undertaking minor exterior changes to 620 E. Hyman Ave.; which is in the Commercial (C-1) Zone District. These changes will include replacement of railings of two decks facing E. Hyman on the second floor penthouse unit. One ailing is currently metal and the other is glass. The applicant proposes to change the railings to matching glass railings, change the materials of the existing awnings. Additionally, the applicant proposes to change out the doors and glass on the front fagade of the penthouse unit. There is no proposed change of the dimensions or materials of the windows or doors. The applicant also wants to replace the majority of the existing fa(?ade of both the first and second floors. The applicant will need to address, by way of site plan, elevations, and other graphics or means as necessary, how the changes relate to the Commercial Design standards illustrated in Chapter 26.412 as well as the City's Commercial Character Area as posted on the City of Aspen's website in the Commercial, Lodging and Historic District Design Objectives and Guidelines. A link to these documents is included below. Below are links to the Land Use Application form and Land Use Code for your convenience: Commercial, Lodging and Historic District Design Objectives and Guidelines can be found here: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Current-Planning/ Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and %20Fees/2013%20Iand %20u se%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.575.020 Calculations and Measurements 26.412.040 Commercial Design Review, Review Procedure 26.710.150 Commercial (C-1) Zone District See Also: Commercial, Lodging, and Historic District Design Objectives and Guidelines Review by: Staff for completeness ASLU Final Commercial Design Review 620 E. Hyman Ave. Unit 1 1 Referral Agency: None Public Hearing: Yes, Planning and Zoning. Neighborhood Outreach: N/A Planning Fees: $4,550 for 14 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referral Agency Fees: NA Total Deposit: $4,550 To apply, submit the following information: gj~Completed Land Use Application and signed fee agreement. 0' Pre-application Conference Summary (this document). 0 Total deposit for review of the application. p Street address and legal description of the parcel on which development is proposed to 21 occur, consisting of a current (no older than 6 months) certificate from a title insurance ?Â¢'rl! company, an ownership and encumbrance report, 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. ~ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. U A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. [f"HOA Compliance form (Attached) 04\ written description of the proposal and an explanation in written, graphic, or model form of Â¢gi how the proposed development complies with the review standards relevant to the development application. K Written responses to all review criteria. 32~An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 2 0 12 Copies of the complete application packet and. if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 per referral agency) Â¤ A digital copy of the application provided in pdf file format. 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. 3 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: 4-70.-910-,Zyo Owner ("I"): ASYLF'-1 coRE 'i*MT'-6 0134 Ue-Email: 6*/07. C, 5~&,1 54/Wor,r/e.9,Â»fo' Address of 8'20 E- 14'10,14Â·y, .44& Address: 01337<Obile.AGY-041Â£ Billing COM Property: (subject of (send bills here) SAA 11-E_ 4 1 01 26. application) 43291, 203 9 160 1 15 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for A . $ fiat 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. ! 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. $41540.glposit for ) 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ 1 /4 deposit for hours of Engineering Department staff time. Additional time above the deposit amounf will be billed at $265 per hour. City of Aspen: Property Owner: ,_-s=*0#E-- n,-Â£X0- AJAry,7 20Â¢6 7,E,~'rt-hasÂ«Le Chris Bendon FM /\12. Ic F F Iâ‚¬01./Vng Community Development Director Name: City Use: Title: FM/%014-6 Â£Â£. Fees Due: $ Received: $ N,helliber- 2011 iht) t,F .1.Ilen ; ~13{) S. Galen.1 St. i (470) 9213-5040 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: ,4 4 Prro Oprze Ft y, 230% G; LLE- Location: (/to EFFLf.kithc> * 1 ~E~3~IAÂ»i rlxb Al.,02>coi-.3 ~EL)~ LurÂ»gl.:p (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2-7'55 - 1 9 1 - )163 Â· 01 9 APPLICANT: Name: AS PCh\D (:,on-6 V\81Â«8130 56 Ll-L Address: O,6-7% PIECÂ«Perrarn *Â·-C> Asâ‚¬â‚¬30 Phone #: 9 13 - l 2 60 REPRESENTATIVE: Name: /1 rut 0-A-2-r,uu:, ie o AÂ¥2 6-KETE:trs Address: 8302 11- C.coof>e>7- <4<pll~ls 1 1 ,/42-1,pac Phone #: ct 2,0.2 -2 92- TYPE OF APPLICATION: (please check all that apply): GMQS Exemption C] Conceptual PUD E] Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text*lap Amendment Special Review C] Subdivision Â£ Conceptual SPA ESA - 8040 Greenline, Stream C] Subdivision Exemption (includes C] Final SPA (& SPA Margin, Hallam Lake Bluff. condominiumization) Amendment) Mountain View Plane E Commercial Design Review Ed Lot Split C Small Lodge Conversion/ Expansion 2 Residential Design Variance U Lot Line Adjustment 2 Other: 2 Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 41-,Te'Â£(ANL c>(~ --i~~16.D)â€¢COL v Â·14-lA-6 1-DE+CLAitr jk.>I<P li.)(3210 6,C>j k.>C< 1--t7-2 C A.,4. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Yfeet/X:te- Alt> 6, t=,1 k:>i G l,JÂ·Â¥in-4 1-ll.-<5 29(3 1) i 7,06,429Â¥6Â£9 172,1 ,Â»1 -nm Vlt~-~-1-Â¥'rl - Â· Have you attached the following? FEES DUE: $ 44960 D Pre-Application Conference Summary Â£ Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form Â£ 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 ofall 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. El El El El ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: AseeÂ·o /Â°jl<E- PE-i-Â¥1-DUS OR Applicant: AÂ«)iriÂ© Con.6 1*Litia-66 Lu- Location: O 2,0 r~ A-4 ill /Â¥'10 1Â£ \ (l?3~\ 3-AÂ·Â·uL,1 tht-,4 k.3/36>r> ili.,rht .1 Zone District: 0 - 1 Lot Size: ,1 Â« Lot Area: vl A (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: Proposed: Number of residential units: Existing: i Proposed: \ Number ofbedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): VI 1 4 DIMENSIONS: ADch.XI oP 1-7+12 yt~-4-1),-0, lk) Co 10) LL Ot})4-6.=>65(3~ 1 Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing. Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed- % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing. Required: Proposed: Side Setback: Existing.- Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: Aspen Starwood LLC 0133 Prospector Road Aspen, CO 81611 920-1280 June 13, 2014 Hillary Seminick Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: 620 East Hyman, Unit 1 Dear Hillary: I am the Manager of Aspen Starwood LLC, which entity is the Manager of Aspen Core Penthouse LLC, which entity owns that certain condominium known as: Unit 1, Tamarawood Building Condominiums, 620 East Hyman, Aspen, CO 81611. I am writing to provide you with the consent and authorization of Aspen Core Penthouse LLC, to have Kim Raymond of Kim Raymond Architects, Inc represent the property owner in connection with the land use application that Kim has prepared with respect to this property and the change of materials to the front fagade of the building. Kim Raymond can be contacted at 970-925-2252. Her office is located at 802 E Cooper Avenue, Suite 4, Aspen, CO 81611. Very truly yours, Mark Friedland, Manger COMMUNITY DEVELOPMENT DEPARTMENT E=ifir - - -4113 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Property Name:~~7(&9 0 11-4 10(AA) + \ ( itj Aseeie (116 1 E-rr,-bvi G Owner ("1") Email: 1 , Phone No.: . , 1-L G ~~|2, 01 Â· Ci.â‚¬192.1 9-~tj- but.30.Cf (5 ~~ }v\-Call (12'.0.- 1 280 Address of Property: 670 VE- r\-zi 4.1A-Yo tiI 1 < g ~ (subject of application) I certify as follows: (pick one) U This property is not subject to a homeowners association or other form of private covenant. 0 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. / L 17 Â¥- 7-13wz-4 eÂ«- 1 A.t 03,2 c. ve.1, 1 LE'â„¢-yi-5 ~ U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: ,Â»/1â‚¬lf-- NA'k.7,4-Aglate: . L piÂ©G IL,~ -2,0 # 4 Owner printed name: 0.49* 621 1/1-411 iD or, Attorney signature: date: Attorney printed name: c TA MARAWOOD BL'JLDING, el Coi-id..CrnliTI.i Ic<, 1 ..,5 L Â·20*4:,94' , : 'EA'Â£10 J C:-elfUN i 7 ' 4 ~ M L, 24 23â€¢ i 37 NO LOUUE:i., 4.. rt YÂ· IDEN- 4, bul, D â€¢de â€¢ $ TH.lED 01â€¢ Ct.IT Â£ A & 0 , 3. OCA :04 2 11 1 A TOWN > 1 f t (3 # Abitb M 1 70 1 N Cow N I Y , 1.IC, 1 01< 20 (41 '1 0 %4:2 E 0,10 - /. 3% /2 . E WI + 4 I I e / 2 2 4' ly- tNt 9 4 4 il - 3 . 1,1 8 1 2 '.4, 90 1,4, i 2 - -Â·' 4 6 J .4 . 1 1 : W 6 2-z - l - 13 1 0 &5 42 â€¢ Â©-94"ST J - 3 1% I 6 .9 I JA 1 9-W 1 42 r ..: 1 tr -21-- . i - 1 - r *.9. 3 \\ U fit ..0, , r h. 19/ / I J Fe .- I ./ 4 W \ 'A $ UL c * . 4 ' \'\ e : 0 %* 4 \ 1 /1 6 mr i 41& 4 U-- 0 , il -47 6/6/14 -Al A 222 2*1 4 - E 1 47 B 1; C 41 : gh' 4 SITE PLAN ..1. r. ... I 5ubdivision: TAMARAWOOD BUILDING CONDO Unit: 1 , Z 1.1 4//044*L BLOc r,41â€¢ 3SAOH1N3d 3~:103 N3dSV 3AN3AV NVINAH '3 0Z9 ..1-1 Â£ Er tON *NG 'CÂ· I 42â‚¬ 9-0 00\ c k METALLICA semi-polished metallic porcelain Silver 24"*24"(600)(600mm) Brown 24"*24"(600*600mm), Dark Blue 24"*24*'(600x600mm), Black 24"x24"(600*600mm), 6"x60'(150*150mm), 6"x6"(150*150mm). 12"x24"(300x600 mm) 12"*24-(300)600mm) 12-x:24"(300x600mrn), 12"x24"(300x600mm) Browilecl 444"41 00x600 mm) Dark Blue Deco 4'*x:24'*(1 00(600Jrn) Black Deco 4"x24"~1600mm) Subway Border 12"*120'(300*300mm) Floor Bulinose 3.5"*12"(88.9x300mm) coming soon 2"xE Mult,color Mosaic onl 12712" 2"xZ' Rhomboid Mosalc on 12"xi 2' (300x300mm) (300*300 mm) .9 - -.2 : - . 1*{im - .46 4.I 2.~. . - f.44, ..... . , - I. 1 2./*Il:' . qm: 7/I.*//05-.# 440~0~~: : f.: d* */ 4 'JÂ£-*- --34.: a'f ....ilid 2,4 .Al" . L 'r Stile2 Design Materials, Inc. 1 Denver, CO 800.999.TILE (8453) 1 Albuquerque, NM 800.530.8633 I www.designmaterials.com b4# . DESCRIPTION Create an u Itra trendy look in any venue with the look of ox,dized metal. Metallica por'trays the patina of ox,dizing metal with impeccable deta 11 In four unique colors. The package is completed with decorative mosaics and trim pieces INSTAI LATION + MAINTENANCE Metallica may be installed using standard ceramic tile installation methods and matenals, as recommended by the Tile Council of America (TCA) Eleganza sales representatlve will advise you on general installation questions C.O.i CHEM,CAL/ FROST COLOR PEI M 0%45 ABSORPTION REUNNNT RE 515TANT FINISH ",PE APPLICATDON RESIDENTIAL OR VARIATION WET DRY COMMERCIAL 3 V > 060 > 0.80 9 0.5% yes yes matte color body watt i loor both porcelan 517E PCS/BOX ISF) BOX/PALIFT (SF) 12-*24- 8pc /15.49sf 406*/619 60sf 24-*24" 4pc / 15.494 366x / 557 7985f 2 lit â‚¬ Design Materials, Inc. I Denver, CO 800.999.TILE (8453) I Albuquerque, NM 800,530.8633 I www.designmaterials.com V -- ' " 00$2-Â· 2014-Â·ASLU CITY OF ASPEN R*164 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick DATE: June 3, 2014 PROJECT: 620 E. Hyman Aver RECEIVt:o REPRESENTATIVE: Kim Raymond, Kim Raymond Architects REQUEST: Final Commercial Design Review JUN 1 6 2014 DESCRIPTION: CITY OF ASPEN The applicant is interested in undertaking minor exterior changes to 62612:H*h'd?[*9@94Aiich is in the Commercial (C-1) Zone District. These changes will include replacement of railings of two decks facing E. Hyman on the second floor penthouse unit. One ailing is currently metal and the other is glass. The applicant proposes to change the railings to matching glass railings,2 change the materials of the existing awnings. Additionally, the applicant proposes to change out the doors and glass on the front fagade of the penthouse unit. There is no proposed change of the dimensions or materials of the windows or doors. The applicant also wants to replace the majority of the existing faGade of both the first and second floors. The applicant will need to address, by way of site plan, elevations, and other graphics or means as necessary, how the changes relate to the Commercial Design standards illustrated in Chapter 26.412 as well as the City's Commercial Character Area as posted on the City of Aspen's website in the Commercial, Lodging and Historic District Design Objectives and Guidelines. A link to these documents is included below. Below are links to the Land Use Application form and Land Use Code for your convenience: Commercial, Lodging and Historic District Design Objectives and Guidelines can be found here: http:#www.aspenpitkin.com/Departments/Community-DevelopmenUPIanninq-and-Zoning/Current-Planning/ Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020andÂ°/020Fees/2013%20land*020u se%20app%20form.pdf Land Use Code: http.//www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.575.020 Calculations and Measurements 26.412.040 Commercial Design Review, Review Procedure 26.710.150 Commercial (C-1) Zone District See Also: Commercial, Lodging, and Historic District Design Objectives and Guidelines Review by: Staff for completeness ASLU Final Commercial Design Review 620 E. Hyman Ave. Unit 1 1 121 Referral Agency: None Public Hearing: Yes, Planning and Zoning. Neighborhood Outreach: N/A Planning Fees: $4,550 for 14 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referral Agency Fees: NA Total Deposit: $4,550 To apply, submit the following information: gj Completed Land Use Application and signed fee agreement. 0' Pre-application Conference Summary (this document). 0 Total deposit for review of the application. 9 Street address and legal description of the parcel on which development is proposed to )Â·0'; occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State el 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 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. U A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Cf~HOA Compliance form (Attached) [z(fA written description of the proposal and an explanation in written, graphic, or model form of Â¢11* how the proposed development complies with the review standards relevant to the development application. [3~'Written responses to all review criteria. {Di,u- ,00'An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 2 0 12 Copies of the complete application packet and, if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 per referral agency) 0 A digital copy of the application provided in pdf file format. 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. 3 cOGIVFB r2At-L- .. COUX]UNITY DEVELOPAIENT DEPARTMENT LLY Ul- lucPEN Agreement to Pay Applic4tion,teesi An agreement between the City of Aspen ("City") and Property Phone No.: 4-70-920-,2 70 Owner ("I"): 457Â£'1 (bRE '*+1-r,-16 (4 3Â£- l-Ze-Email: 6)/d Yl. C~5~2*Fl 3404/l.yer,r) eS>zoi, Address of (016 E 141.1 An Avt Billing COM Property: Address: O 133 72 0%> <122 C,6Â·r LAyj â‚¬- (subject of (send bills here) s.u 11'E_ 4 1 0 1- i application) 0%39'4 04 71111 + I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for 14,53( . $ nat fee for $ flat fee for */~ . $ fiat 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. 1 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. $4154 O.Cgposit for 1 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ W /4 deposit for hours of Engineering Department staff time. Additional time above the deposit amounfwill be billed at $265 per hour. City of Aspen: Property Owner: -*0*EE---- /â‚¬97Â£ ASAE,7 80Â¢E, 7Â£+~7'/--baxE,,/Id Chris Bendon FM '412. Ic F F Ifjol..Ayl,9 Community Development Director Name. Title: }91Ayl A-6 Â£Â£, City Use: Fees Due: $ Received: $ No,ember. 2011. C it> of.Â·Upen 130 9. Galena St. (9.{T) 421)-51)90 0052.2014Â·Ast-'Â·' RECENED JUN 1 6 7 1114 ATTACHMENT 2-LAND USE APPLICATION PROJECT: CITY OF AoHEN 30â€¢MIINITY D[V[l OPMEN-: Name: A,bee,0 6.xÂ·za ~FGJD-11>25,9 LUL Location: l> Zo if . t h-~ 0.-c Alo * \ ~ E ~ -.[A l,Uc th'l A U, h O i-3 601 L r-3,10 6> (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2-7 35- 19 1 - )10 - 09 APPLICANT: Name: A-9 ee-,c> Con--6 -ic,1- k...F<6373/2 512 LLC. Address: 01 3>-3 PfZ,0%GEOrn/Z. %43 ~ Ases:Â© Phone #: 913 -l 2 250 REPRESENTATIVE: Name: y.,/ rul |2*4,uup re C> AYE 63*1 -Tatrs Address: 2302 11- Coof>e>,- cle.-Â·nE 1 1 Asect,J Phone #: 9/0. 2 1 92- TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD 1 Temporary Use GMQS Allotment E Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision D Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes E Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane I) Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment Â£ Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 44>reÂ£,t,>f'L- O(~ 20260)â€¢:,A, 4+A<, DE-CA'l.(, k..0( 67 Le, 32.0 6,1>, A)(e -t-'1-11( A-,- PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) YZEPLACE AL,r> 6, D i kil D le Â¥-rA -O L,CE PHAD /) 1 791.06,41)62 7724 rvi 11:3 vt,ti~-TÂ¥Â¥l - Â· Have you attached the following? FEES DUE: $ 44550 U Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form Â£ 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. mmmm ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: AspeÂ·19 AOIL-<33 75*_riÂ·-t-4,-u sg Applicant: .,064>irio CarLE 'iRPATTHIA:SE l_ia . Location: do tcp ir 8-4 Icl ~0 -4 1 (c:fb TA-wirtâ€¢FA k.3,-ot:-r> EL..Ez>/ ay Zone District: 6 - 1 Lot Size: ,1 Â« Lot Area: A A (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: Proposed: Number of residential units: Existing: 1 Proposed: \ Number ofbedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): M | A DIMENSIONS: Agoâ€¢-00 02 -1-74-2 1FULL-0,0, cop k>i LL 6+~}*AE:,GCY- i Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed- Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing.- Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: - Buildings Existing non-conformities or encroachments: Variations requested: Aspen Starwood LLC 0133 Prospector Road RECEWED Aspen, CO 81611 JUN 1 62014 920-1280 TY OF AbPEN COMMUNITY DFVELOPMENT June 13,2014 Hillary Seminick Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: 620 East Hyman, Unit 1 Dear Hillary: I am the Manager of Aspen Starwood LLC, which entity is the Manager of Aspen Core Penthouse LLC, which entity owns that certain condominium known as: Unit 1, Tamarawood Building Condominiums, 620 East Hyman, Aspen, CO 81611. I am writing to provide you with the consent and authorization of Aspen Core Penthouse LLC, to have Kim Raymond of Kim Raymond Architects, Inc represent the property owner in connection with the land use application that Kim has prepared with respect to this property and the change of materials to the front fagade of the building. Kim Raymond can be contacted at 970-925-2252. Her office is located at 802 E Cooper Avenue, Suite 4, Aspen, CO 81611. Very truly yours, Mark Friedland, Manger COMMUNITY DEVELOPMENT-DEPARTMENT ~ lify- -74Â«- ~idge?tc~EiffÂ« 34 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Property Name:47~622 11 H-4,/li AA) =f \ C Flb Asee,Â© Aome- 1*rn-InvS G Owner ("1"): Email: , , Phone No.: . LLC- Â£04:vi . (191724Â·1 9-~ft)- uu JC:64 0 6 }vIC&(l 012Â£) ,- 1 'Z &0 J REctivED Address of Property: 61 0 6- i--\--~-l Ki AÂ·Â»D tir \ d 11 ) (subject of JUN 1 6 2014 application) Ct # Y Or ASPEN I certify as follows: (pick one) COW"IMITy DF'/1~LOPMENT U This property is not subject to a homeowners association or other form of private covenant. 0 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. / L E-477524 0- ~V\..1(Dne. ven,Z ez-,J.T'~ ~ El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: "2Â»lclf- NAFAE-adate: .:LowL ~65 -2,0 \ 4 Owner printed name: 1*MÂ®K fill FO-.311 iD or, Attorney signature: date: Attorney printed name: ~*AU,41 8â‚¬864â€¢g A Dis ce*.g_ 0 + PV L 7-CAe ALLEY BLOrk t) ) 6.U'. I 99 PÂ¥)'1 10 I 29 TAâ€¢â€¢M 5 9 5 "01110~ 3 r CE '64 0- , . Ilceâ€¢,0 @ICâ€¢' V,t Maeâ€¢L 311}t, 1 011'lit - j et, 11 04 2.1,01- 23& PLA CAP â€¢01>2 <24 2,0 / Ir . Clt.YA.C t.*H,1,2... 70,4 'NO % C.. 2 -% 1, 4 07 1 V . 6 1 - 01 . f. -~ L ' 4 4,4 (0:0 D # â€¢'CQ~~' IG *' 25 S 06 f 006, '~ - B 2 144 I -- C .44 .0 . + 3 e IN Â£ . 8 Z 1. 4 0 p - ttÂ¥Â£..1#UNO 9 - r g I le - 1 0- m -~ c. 1 D- g 7;2 7 j -19 .- 1 rr LI. 7 n b - 91' ''C 'IJ 10 1/ , / - . ..7 /5/ 1 4/r , f L.: f 4 V. 4-p f * M'4'00 09-â€¢ 5. ! , f . 37 - jo e., BIL, .4,0. . fIle co : dijh IR 4*,1 Ii,tr r 1- 0 ) 1 1,7 e. / 1-- ..a i. c ------ --- 311, OP 4- -- e 7 4 2," .442-\ - '43 - ---4- 6-*4:1' 4 FL, -1 1 01â€¢â€¢ C./1/1;f, 19 4, r, G,, N - ASPEN CORE PENTHOUSE 620 E. HYMAN AVENUE ... KimR/ymondA chitects Inc 01IAA COOMVNVWyl :uo!8!Pqns bui.2 44 I THN (IOuP,I , 7 i 1.U)I ORAI['O U-lED ON pill 0 0 VC TAMARAWOOD BITILDING, 0\ 00*12d.(}'r?ciTc, 1.crit , 0 01 :'Evt:* Coduu L NV1d 31IS 171/9/9 June 13,2014 Hillary Seminick City of Aspen Community Development Department 130 S Galena Street, 3rd Floor Aspen, CO 81611 RE: 620 E Hyman, Exterior Facade Summary Letter Aspen, Colorado Parcel ID: 2735-182-12-009 Dear Hillary, The following information will address the Sections of the Land Use Application Manual and the Land Use Code as outlined in your letter from the pre-application conference summary dated June 3, 2014. This property is located in the C-1, Commercial Zone District. RELEVANT LAND USE CODE SECTIONS SECTION 26.304 - Application 1. Please see attached letter of authorization from Aspen Core Penthouse, LLC, a Colorado limited liability corporation, granting Kim Raymond Architects, Inc authority to act on their behalf throughout this process. 2. Please see the attached Vicinity Map with a legal description and directions to the property. 3. Attached, please find the Disclosure of Ownership in the form of the Title Insurance conveying the property to 100 East Main Street, LLC. 4. See number 2 above. 5. Please see attached Floor Plan and photo rendering depicting the proposed changes to the exterior faqade facing Hyman Avenue. 6. The footprint of the building is not being altered; so no survey is provided. 7. Please see below, the description and summary of all requested in formation pertaining to the Land Use Code sections in regard to the proposed development. 802 E. Cooper Avenue, Suite 4 IAspen, Colorado I 81611 I 970.925.2252 Additionally, please find a copy of the Pre-application Conference Summary sheet, attached at the end of this packet of information. This application package includes all requested documents as outlined in the pre-application conference summary dated June 3, 2014. Section 26.412 - Commercial Design Review Section 26.412.040 - Review Procedure Please see Section 26.304 above for general information. This application will include all the information, drawings and photographs as outlined in this section, along with the proposed building materials. Since this project has been considered as Minor by Staff, there will only be one meeting for review and approval by the Planning and Zoning Commission. Section 26.412.050 - Review Criteria This development will meet the requirements and intent of the commercial design standards and the Lodging and Historic District Objectives and Guidelines as applicable to this minor application. Section 26.412.060 - Commercial Design Standards A. Public Amenity Space Pursuant to Section 26.575.030 B Applicability and Requirement this project is exempt from providing Public Amenity because we are not changing the footprint of the existing building. B. Utility, delivery and trash service provision The existing building has recycle bins and enclosed trash at the back of the building adjacent to the alley; there is no change proposed for any of these services. The existing utilities will remain unchanged. Mechanical ventilation will be through the roof, set back from view from the public right of way. Section 26.412.070 - Suggested Design Elements All existing signage complies with the City's sign code and will be taken down while the new siding material is installed; then replaced to it's existing location. There is one retail space in this building, whose display windows are facing the public right of way; no change to this fenestration. The lighting on the exterior does now and will continue to comply with the City's Outdoor Lighting Code; there will be no 'up-lighting' or over lighting. Section 26.575.020 - Calculations and Measurements. The floor area, building height, setbacks, site coverage and any or allleasable spaces, whether commercial, retail or residential are not changing or being affected in any way with this proposed work to the front facade. The minor changes to the building comply with the definitions, requirements and limitations as outlined in this section. Section 26.710.150 - Commercial Zone District (C-1) The building, as it exists currently meets the purpose of the C-1 zone district with a restaurant in the lower or subgrade space, retail and offices on the main floor and a residence that was established prior to Ordinance 25 in 2012. There is no change proposed to any of the dimensional requirements; this 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 application is strictly for the change of appearance to the front faga(le by replacing and/or covering the tired wood siding and trim on the first and second levels with ceramic tile, which is manufactured to be used in an exterior application and steel trim in the shape of a light weight C-Channel. The proposed materials will update the look of the building and take care of maintenance issues by installing maintenance free materials where the wood is currently located. The design concept is in response to both the new art museum and the building next door to it. Most of the block is being upgraded and we want this building to be part of the'new' look. Commercial, Lodging and Historic District Design Objectives and Guidelines We are seeking, from the Planning and Zoning Commission, the approval to replace or cover the existing wood siding located on the front faga(le of the building in question, located at 620 E Hyman with ceramic tile. We are also requesting the approval of steel "C"- channels being used as trim. Please see samples. In Summary, the proposed changes to this building comply with all requirements, limitations and restrictions as outlined in Title 26 of the Land Use Code and the Commercial, Lodging and Historic District Design Objectives and Guidelines; as described above. Thank you for your time and consideration of this matter. We look forward to giving this building a fresh new look. Sincerely, '34--1--1.GAJVynn-r Kim Raymond, Princidal Kim Raymond Architects, Inc 802 E. Cooper Avenue, Suite 4 1 Aspen, Colorado 1 81611 1 970.925.2252 NOTICE OF APPROVAL FOR COMMERCIAL DESIGN REVIEW EXEMPTION TO TAMARAWOOD BUILDING CONDO UNIT 1, CITY AND TOWNSITE OF ASPEN; AKA 620 E HYMAN AVE. UNIT 1 Parcel ID: 2737-182-12-009 APPLICANT: Aspen Core Penthouse LLC 133 Prospector Rd. #4102B Aspen. CO 81611 REPRESENTATIVE: Kim Raymond Kim Raymond Architects, inc. 802 E. Cooper Ave. Suite 4.. Aspen, CO 81611 970-925-2252 SUBJECT & SITE OF APPROVAL: Commercial Design Review Exemption at 620 E. Hyman Ave. ZONING: C-1 BACKGROUND: The applicant requests an exemption for exterior changes to the building located at 620 E. Ilyman Ave. Unit 1, based on the exemption for Commercial Design Review in Chapter 26.412.020, Applicability. SUMMARY: The applicant proposes to replace the existing cloth awning with a metal awning / shade element. The existing frosted glass and metal railings will be replaced with glass railings so both railings will match. The footprint of the decks/railings will not change with the proposed upgrades. The deck tile will also be replaced. The proposed changes are shown in Exhibit A. Initially, the applicant submitted elevations and a project description proposing replacing the existing wood siding with ceramic tile with the appearance of steel panels, The proposal included replacing existing wood trim with steel c-channels. Because these changes would trigger the Commercial Design Review process, they were removed from the application and from Exhibit A. pg. 1 of 2 STAFF EVALUATION: In Chapter 26.412.020, Applicability, applications for commercial development inay be exempted from the provisions of this Chapter by the Community Development Director if the development is: A. An addition or remodel of an existing structure that either does not change the exterior of the building or, as determined by the Community Development Director. changes the exterior in such a minimal manner as to not justify this review. Staff finds the awning materials change be minor in nature. The railings will be changed to match and the railings will look similar to one of the existing railings. The replacement of the deck tile is not visible from the street. All the aforementioned changes are considered to be minor in nature and therefore exempt from Commercial Design Review. DECISION: The Community Development Director finds the Commercial Design Review Exemption as noted above and Exhibit A to be consistent with Chapter 26.412.020 and thereby, APPROVES the request with the following conditions. Condition 1: The residence may not alter the front-facing fagule of the building. APPROVED BY: 0Â»4941 (40 A lt Jennifer Ph~Â§, Deputy Community Development Director Datd / Attachments: Exhibit A - Before ancl After Elevations pg. 2 of 2 HIMAN STREET . Exhibit A: Before and After Elevations Note: New street-facing facade me and steel c-channels are not '~ H */B&-U4<4.2/**-Â· .41- I permitted by the Notice of Approval granted June 10, 2014. 1. lu #l 5.na-K':â€¢g-Al' ~/ OL 29 2 AE N j ./0, .....,4 ks Al 2/2 3 74. 1 , 4,I,&;'#;,Nttr,tdttl'.~Al~~ 215*luu.ttatâ€¢ln,Â·'i // m-WKD*A -11 S,J.n =r,=.mt'Â¥- 4.~â€¢L C neÂ» ~lut *%*... I 20'-le , , 1.- 4 kf~* fâ€¢1*M .,4~~C*CO* ;2 ./'ll/'.- Câ€¢,TUL:..... .C""4.-TU Â·~ 1 0 112:=did*V)( 5 1:3 .i.-Â·,â€¢,tt;GLE p _ .1, - 61, 1 4 .1, . ., run--11. 11- 3 '1 lili 1 /6 - L.2,222 f..2.Â·--2 Lij Id* Â· :} I L.9:3 Lilil 1 12 Mi WerER 1 PENTHOUSE LEVEL '.Â·.,Â·.r M-A.5-P 4- *â€¢liâ€¢Â·MIÂ·â€¢EL %=gr- .t.44 / 6221._ . IC....146 ,Â· Â· NIA ....DIAL 4 - , . 2.7,? 54 . a-/ . 1 4 (Ram- -- - WIt =------"InijaiL 94'ni"ININ'.1#1 - 11 , I ... ,/. I." DATE ISSUE - 9 *rir, , . '.in,v ........ - -t'/ ....... 9 Laill.HIA -, 19Â¢ i-- Sul AS NOTED *WW . 1.rt,IÂ·Ltr A1 3 BEFORE ELEVATION 2 AFTER ELEVATION ' r.1 cn !04â‚¬0:.14 1!eu.2. ES-0,(6 101 teAed#â‚¬tv jO!Jalx3 Lucc>Â·51//1143-'v UJ,31 7,A:I I. 13OOWBW 3SnOH1N3d 3300 N3dSV (3)111Nn '3AV NVPJAH lSÂ¥8 029 OO'N3dSV j. i Â· N i (-J/6F - .. / '=Z'i#' '-- 1,1 41' 4 40204 . ~*94'82.~ -4Â«ZAM'.' iN'632271 4, X . A' 6~I ,~. * i 'l ~T :47 --Â·4y,2 .'I. 9 1.1 ..: 2,5. I &. h --.,1 '. ter' . , ..4,0 . -W, C â€¢- 7Â·48 11Â· , rn. . Mee:Â·eF- 7 'ller n 4 - J Â·p'kkhrnÂ».,Â·:1*Â£5ti95gnb--0.Â·7 - - pan. 4 Â·-r .,2 'I-/*. , 'Â· . I:* t~~Â·----Z.'~-t ;:Â·/,,~.Â·3Vz-,I79 * ~~03._1~*:1.*-*u L--7."~ 3-4.,-0=: i %:' - .: u., "1 ; :G 92Â·Â·4.:Â·,0., 4,.1.111Â¢-Â·fiti- 74 N -- - ....r 6. 6 469~.50** e r #*41 15. r --2. ~--J. ff N :43,*4 , , tÂ¢422 ,F ~~ ~~"'-~~ ti-f* ,~44Â·-7-fftlÂ®*i <r~~, ,- i*444Â·'T'i,4 61*15 0 48?Â·t:~Â·I-MYÂ·,.91%9 - Â·,fy...e.~ fa i.:~ ~~:1.,L:... ~#* .21':' :: -4 '" ~-bt..~ -~-*g-''i ~ 4.- SP<-9;y.1,1-Â·'cÂ£-VO Â· 44 /Â·fral, , 0 , ~ .2- ~ , I Â£4 '--.,. -/'11/d.ju~ f ;13- i-j-4.4,J,i,~114.94 tj --~r '4--0--tÂ·/â€ž,m" t.:~~~0 k7 F . MJ *,/Â·*'~..6292-46/:ii...3.-~, t.*92'e 311 1 01(Â·eyb' ' *72 1 - 6/13/14 # 1 I 44. '114,1 -,91.a 14*7 . 33 ~ -'*Aff,37%3%4 , 44 fi' ' #4-~~ 'R'~ B,LJW. ..... 4.91,~ t.~.2.-Â·ft+ '... ?11(t!':t' .:EQA ~ -2.2..-.1 .1- 4-1'oie : i #%. *'2 6 -2 " 'Cfk~' #'. 4.3 - al VICINITY Subdivision: TAMARAWOOD BUILDING CONDO Unit: 1 MAP Parcel ID: 2735-182-120-09 Z 1.2 Dul'51//1 43Jvpuo 3SnOH.LN3d 3200 N3dSV 3nN3AV NVVYAH '31 OZ9 . 4. . 1 .f 443 ' Iclit'VED JUN 2 3 2014 CITY OF ASPEN COMMIIMITY DEVROPMENT Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 305 Aspen, Colorado 81611 March 5, 2014 Aspen Core Penthouse LLC c/o Aspen Starwood, LLC 0133 Prospector Rd., #4102B Aspen, Colorado 81611 4 RE: 620 East Hyman Avenue, Unit 1, Aspen, Colorado 81611. Dear Sirs: We are pleased to deliver the Owner's Title Insurance Policy issued on 620 East Hyman Avenue, Unit 1. This policy is a valuable document and should be kept in a secure place. It protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the property. We have reviewed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any error or omission is found so that we can correct the policy. Thank you very much for giving Attorneys Title Insurance Agency of Aspen, LLC, the opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Telephone (970) 925-7328 AAA Facsimile (970) 925-7348 Owner's Policy of Title Insurance ~2~%â€¢ \ First American Title ' ISSUED BY 45/94 1 First American Title Insurance Company POLICY NUMBER Owner's Policy 5011408-0011287e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those ads necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Tille by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term 'encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: File #: 13003190 Dennis J. Gilmore r 43... 46 President C-:c.1 1 - Â· SEPTEMBER 24, i A- - J \K.'.. 196% ...: 3; Â»'.LE'*T-'. 4. Timothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document ANTIÂ·FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, Incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of Insurance and civil damages. Any Insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a pollcyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This antiÂ·fraud statement is affixed to and made a part of this policy. Copyright 2006-2009 American Land Title Association. All rights reseived.The use of this fom is restricted to ALTA 1!censees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land TIUe Association. ~ Form 5011408 (11-1-10) Page 1 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0011287e COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or Cd) environmental protection ,Â· if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8, Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (11) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this Records at Date of Policy, but Known to the Insured policy, and the Company will not pay loss or damage, costs, attorneys' Claimant and not disclosed in writing to the Company by the fees, or expenses that arise by reason of: Insured Claimant prior to the date the Insured Claimant 1. (a) Any law, ordinance, permit, or governmental regulation became an Insured under this policy. (including those relating to building and zoning) restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating, prohibiting, or relating to (d) attaching or created subsequent to Date of Policy (however, (i) the occupancy, use, or enjoyment of the Land; this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any improvement Covered Risk 9 and 10); or erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land; or sustained if the Insured Claimant had paid value for the (iv) environmental protection; Title. or the effect of any violation of these laws, ordinances, or 4. Any claim, by reason of the operation of federal bankruptcy, state governmental regulations. This Exclusion 1 (a) does not modify insolvency, or similar creditors' dghts laws, that the transaction or limit the coverage provided under Covered Risk 5. vesting the Title as shown in Schedule A, is (b) Any gov.emmental police power. This Exclusion 1(b) does not (a) a fraudulent conveyance or fraudulent transfer; or modify or limit the coverage provided under Covered Risk 6, (b) a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or limit Risk 9 of this policy. the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects, liens, encumbrances, adverse claims, or other matters imposed by governmental authority and created or attaching (a) created, suffered, assumed, or agreed to by the Insured between Date of Policy and the date of recording of the deed or Claimant, other instrument of transfer in the Public Records that vests Title (b) not Known to Ihe Company, not recorded in the Public as shown in Schedule A. ~ Form 5011408 (11-1-10) Page 2 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0011287e CONDITIONS 1. DEFINITION OF TERMS of matters relating to real property to purchasers for value and The following tewns when used in this policy mean: without Knowledge. With respect to Covered Risk 5(d), (a) "Amount of Insurance": The amount stated in Schedule A, as may "Public Records" shall also include environmental protection be increased or decreased by endorsement to this policy, liens filed in the records of the clerk of the United States District increased by Section 8(b), or decreased by Sections 10 and 11 of Court for the district where the Land is located. these Conditions. (i) 'Title": The estate or interest described in Schedule A. (b) "Date of Policy": The date designated as 'Date of Policy" in (10 "Unmarketable Title": Title affected by an alleged or apparent Schedule A. matter thal would permit a prospective purchaser or lessee of (c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the company, or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual (d) "Insured": The Insured named in Schedule A. condition requiring the delivery of marketable title. (i) The term "Insured" also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation of law The coverage of this policy shall continue in force as of Date of as distinguished from purchase, including heirs, devisees, Policy in favor of an Insured, but only so long as the Insured retains survivors, personal representatives, or next of kin; an estate or interest in the Land, or holds an obligation secured by a (B) successors to an Insured by dissolution, merger, purchase money Mortgage given by a purchaser from the Insured, consolidation, distribution, or reorganization; or only so long as the Insured shall have liability by reason of (C) successors to an Insured by its conversion to another, kind warranties in any transfer or conveyance of the Title. This policy of Entity; shall not continue in force in favor of any purchaser from the (D) a grantee of an Insured under a deed delivered without Insured of either (i) an estate or interest in the Land, or (ii) an payment of actual valuable consideration conveying obligation secured by a purchase money Mortgage given to the theTitle Insured. (1) if the stock, shares, memberships, or other equity 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT interests of the grantee are wholly-owned by the The Insured shall notify the Company promptly in writing (i) in case named Insured, of any litigation as set forth in Section 5(a) of these Conditions, (ii) (2) if the grantee wholly owns Ihe named Insured, in case Knowledge shall come to an Insured hereunder of any claim (3) if the grantee is wholly-owned by an affiliated of title or interest that is adverse to the Title, as insured, and that Entity of the named Insured, provided the affiliated might cause loss or damage for which the Company may be liable Entity and the named Insured are both wholly- by virtue of this policy, or (iii) if the Title, as insured, is rejected as owned by the same person or Entity, or Unmarketable Title. If the Company is prejudiced by the failure of (4) if the grantee is a trustee or beneficiary of a trust the Insured Claimant to provide prompt notice, the Company's created by a written instrument established by the liability to the Insured Claimant under the policy shall be reduced to Insured named in Schedule A for estate planning the extent of the prejudice. purposes. 4. PROOF OF LOSS (ii) With regard to (A), (B), (C), and (D) reserving, however, all In the event the Company is unable to determine the amount of loss rights and defenses as to any successor that the Company or damage, the Company may, at its option, require as a condition would have had against any predecessor Insured. of payment that the Insured Claimant furnish a signed proof of loss. (e) "Insured Claimant": An Insured claiming loss or damage. The proof of loss must describe the defect, lien, encumbrance, or (f) "Knowledge" or "Known": Actual knowledge, not constructive other matter insured against by this policy that constitutes the basis knowledge or notice that may be imputed to an Insured by reason of loss or damage and shall state, to the extent possible, the basis of the Public Records or any other records that impart of calculating the amount of the loss or damage. constructive notice of matters affecting the Title, 5. DEFENSE AND PROSECUTION OF ACTIONS (g) "Land": The land described in Schedule A, and affixed (a) Upon written request by the Insured, and subject to the options improvements that by law constitute real properly. The term contained in Sedion 7 of these Conditions, the Company, at its "Land' does not include any property beyond the lines of the area own cost and without unreasonable delay, shall provide for the described in Schedule A, nor any right, title, interest estate, or defense of an Insured in litigation in which any third party easement in abutting streets, roads, avenues, alleys, lanes, asserts a claim covered by this policy adverse to the Insured. ways, or waterways, but this does not modify or limit the extent This obligation is limited to only those stated causes of action that a right of access to and from the Land is insured by this alleging matters insured against by this policy. The Company policy. shall have the right to select counsel of its choice (subject to (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security the right of the Insured to object for reasonable cause) to instrument, including one evidenced by electronic means represent the Insured as to those stated causes of action. It authorized by law. shall. not be liable for and will not pay the fees of any other (i) "Public Records': Records established under state statutes at counsel. The Company will not pay any fees, costs, or Date of Policy for the purpose of imparting constructive notice expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. ~ Form 5011408 (11-1-10) Page 3 of 5 ~ ALTA Owners Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0011287e COND.ITIONS (Continued) (b) The Company shall have the right, in addition to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained in Section 7 of these Conditions, at its own cost, to TERMINATION OF LIABILITY institute and prosecute any action or proceeding or to do any In case of a claim under this policy, the Company shall have the other act that in its opinion may be necessar'y or desirable to following additional options: establish the Title, as insured, or to prevent or reduce loss or (a) To Pay or Tender Payment of the Amount of Insurance. damage to the Insured. The Company may take any To pay or tender payment of the Amount of Insurance under this appropriate action under the terms of this policy, whether or policy together with any costs, attorneys' fees, and expenses not it shall be liable to the Insured. The exercise of these incurred by the Insured Claimant that were authorized by the rights shall not be an admission of liability or waiver of any Company up to the time of payment or tender of payment and provision of this policy. If the Company exercises its rights that the Company is obligated to pay. under this subsection, it must do so diligently. Upon the exercise by the Company of this option, all liability and (c) Whenever the Company brings an action or asserts a defense obligations of the Company to the Insured under this policy, as required or permitted by this policy, the Company may other than to make the payment required in this subsection, pursue the litigation to a final determination by a court of shall terminate, including any liability or obligation to defend, competent jurisdiction, and it expressly reserves the right, in its prosecute, or continue any litigation. sole discretion, to appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE or With the Insured Claimant. (a) In all cases where this policy permits or requires the Company (i) To pay or othetwise settle with other parties for or in the to prosecute or provide for the defense of any adion or name of an Insured Claimant any claim insured against proceeding and any appeals, the Insured shall secure to the un-der this policy. In addition, the Company will pay any Company the right to so prosecute or provide defense in the costs, attorneys' fees, and expenses incurred by the action or proceeding, including the right to use, at its option, Insured Claimant that were authorized by the Company up the name of the Insured for this purpose. Whenever requested to the time of payment and that the Company is obligated by the Company, the Insured, at the Company's expense, shall to pay; or give the Company all reasonable aid (i) in securing evidence, (ii) To pay Or otherwise settle with the Insured Claimant the obtaining witnesses, prosecuting or defending the action or loss or damage provided for under this policy, together with proceeding, or effecting settlement, and (ii) in any other lawful any costs, attorneys' fees, and expenses incurred by the act that in the opinion of the Company may be necessary or Insured Claimant that were authorized by the Company up desirable to establish the Title or any other matter as insured. to the time of payment and Ihat the Company is obligated If the Company is prejudiced by the failure of the Insured to to pay. furnish the required cooperation, the Company's obligations to Upon the exercise by the Company of either of the options the Insured under the policy shall terminate, including any provided for in subsections (b)(i) or (ii), the Company's liability or obligation to defend, prosecute, or continue any obligations to the Insured under this policy for the claimed loss litigation, with regard to the matter or matters requiring such or damage, other than the payments required to be made, shall cooperation. terminate, including any liability or obligation to defend, (b) The Company may reasonably require the Insured Claimant b prosecute, or continue any litigation, submit to examination under oath by any authorized 8. DETERMINATION AND EXTENT OF LIABILITY representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss or examination, inspection, and copying, at such reasonable damage sustained or incurred by the Insured Claimant who has times and places as may be designated by the authorized suffered loss or damage by reason of matters insured against by this representative of the Company, all records, in whatever policy. medium maintained, including books, ledgers, checks, (a) The extent of liability of the Company for loss or damage memoranda, correspondence, reports, e-mails, disks, tapes, under this policy shall not exceed the lesser of and videos whether bearing a date before or after Date of (i) the Amount of Insurance; or Policy, that reasonably pertain to the loss or damage. Further, (il) the difference between the value of the Title as insured if requested by any authorized representative of the Company, and the value of the Title subject to the risk insured against the Insured Claimant shall grant its permission, in writing, for by this policy. any authorized representative of the Company to examine, (b) If the Company pursues its rights under Section 5 of Ihese inspect, and copy all of these records in the custody or control ~ Conditions and is unsuccessful in establishing the Title, as of a third party that reasonably pertain to the loss or damage. insUred, All information designated as confidential by the Insured (i) the Amount of Insurance shall be increased by 10%, an Claimant provided to the Company pursuant to this Section (ii) Ihe Insured Claimant shall have the right to have the loss shall not be disclosed to others unless, in the reasonable or damage determined either as of the date the claim was judgment of the Company, it is necessary in the administration made by the Insured Claimant or as of the date it is settled of the claim. Failure of the Insured Claimant to submit for and paid. examination under oath, produce any reasonably requested (c) In addition to the extent of liability under (a) and (b), the information, or grant permission to secure reasonably Company will also pay those costs, attorneys' fees, and necessary information from third parties as required in this expenses incurred in accordance with Sections 5 and 7 of subsection, unless prohibited by law or governmental these Conditions. regulation, shall terminate any liability of the Company under this policy as to that claim. ~ Form 5011408 (11-1-10) Page 4 of 5 ~ ALTA Owner's Policy of Title Insurance (6-17-06) Colorado Policy # : 5011408-0011287e CONDITIONS (Continued) 9. LIMITATION OF LIABILITY Insurance Arbitration Rules of the American Land Title Association (a) If the Company establishes the Title, or removes the alleged ("Rules'). Except as provided in the Rules, there shall be no defect, lien, or encumbrance, or cures the lack of a right of joinder or consolidation with claims or controversies of other persons. access to or from the Land, or cures the claim of Arbitrable matters may include, but are not limited to, any controversy Unmarketable Title, all as insured, in a reasonably diligent or claim between the Company and the Insured arising out of or relating manner by any method, including litigation and the completion to this policy, any service in connection with its issuance or the breach of any appeals, it shall have fully performed its obligations of a policy provision, or to any other controversy or claim arising out of with respect to that matter and shall not be liable for any loss Ihe transaction giving rise to this policy. All arbitrable matters when the or damage caused to the Insured. Amount of Insurance is $2,000,000 ortess shall be arbitrated at the (b) In the event of any litigation, including litigation by the option of either the Company or the Insured, All arbitrable matters Company or with the Company's consent, the Company shall when the Amount of Insurance is in excess of $2,000,000 shall be have no liability for loss or damage until there has been a final arbitrated only when agreed to by both the Company and Ihe Insured. determination by a court of competent jurisdiction, and Arbitration pursuant to this policy and under the Rules shall be binding disposition of all appeals, adverse to the Title, as insured. upon the parties. Judgment upon the award rendered by the (c) The Company shall not be liable for loss or damage to the Art)itrator(s) may be entered in any court of competent jurisdiction. Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT settling any claim or suit without the prior written consent of (a) This policy together with all endorsements, if any, attached to it by the Company. the Company is the entire policy and contract between the Insured 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION and the Company. In interpreting any provision of this policy, this OF LIABILITY policy shall be construed as a whole. All payments under this policy, except payments made for costs, (b) Any claim of loss or damage that arises out of the status of the attorneys' fees, and expenses, shall reduce Ihe Amount of Title or by any action asserting such claim shall be restricted to Insurance by the amount of the payment. this policy, 11. LIABILITY NONCUMULATIVE (c) Any amendment of or endorsement to this policy must be in writing The Amount of Insurance shall be reduced by any amount the and authenticated by an authorized person, or expressly Company pays under any policy insuring a Mortgage to which incorporated by Schedule A of this policy. exception is taken in Schedule B or to which the Insured has (d) Each endorsement to this policy issued at any time is made a part agreed, assumed, or taken subject, or which is executed by an of this policy and is subject to all of its terms and provisions. Insured after Date of Policy and which is a charge or lien on the Except as the endorsement expressly states, it does not (i) modify Title, and the amount so paid shall be deemed a payment to the any of the terms and provisions of the policy, (ii) modify any prior Insured under this policy. endorsement, (iii) extend the Date of Policy, or (iv) increase the 12. PAYMENT OF LOSS Amount of Insurance. When liability and the extent of loss or damage have been 16. SEVERABILITY definitely fixed in accordance with these Conditions, the payment In the event any provision of this policy, in whole or in part, is held shall be made within 30 days. invalid or unenforceable under applicable law, the policy shall be 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT deemed not to include that provision or such part held to be invalid, but (a) Whenever the Company shall have settled and paid a claim all other provisions shall remain in full force and effect. under this policy, it shall be subrogated and entitled to the 17. CHOICE OF LAW; FORUM rights of the Insured Claimant in the Title and all other rights (a) Choice of Law: The Insured acknowledges the Company has and remedies in respect to the claim that the Insured underwritten the risks covered by this policy and detennined the Claimant has against any person or properly, to the extent of premium charged therefor in reliance upon the law affecting the amount of any loss, costs, attorneys' fees, and expenses interests in real property and applicable to the interpretation, paid by the Company. If requested by the Company, the rights, remedies, or enforcement of policies of title insurance of the Insured Claimant shall execute documents to evidence the jurisdiction where the Land is located, transfer to the Company of these rights and remedies. The Therefore, the court or an arbitrator shall apply the law of the Insured Claimant shall permit the Company to sue, jurisdiction where the Land is located to determine the validity of compromise, or settle in Ihe name of the- Insured Claimant claims against the Title that are adverse to the Insured and to and to use the name of the Insured Claimant in any interpret and enforce the terms of this policy. In neither case shall transaction or litigation involving these rights and remedies. the court or arbitrator apply its conflicts of law principles to If a payment on account of a claim does not fully cover the determine the applicable law. loss of the Insured Claimant, the Company shall defer the (b) Choice of Forum: Any litigation or other proceeding brought by the exercise of its right to recover until after the Insured Claimant Insured against the Company must be filed only in a state or shall have recovered its loss. federal court within the United States of America or its lenitories (b) The Company's right of subrogation includes the rights of the having appropriate jurisdiction. Insured to indemnities, guaranties, other policies of 18. NOTICES, WHERE SENT insurance, or bonds, notwithstanding any terms or conditions Any notice of claim and any other notice or statement in writing required contained in those instruments that address subrogation to be given to the Company under this policy must be given to the rights. Company at First American Title Insurance Company, Attn: Claims 14. ARBITRATION National Intake Center, 1 First American Way; Santa Ana, CA Either the Company or the Insured may demand that the claim or 92707. Phone: 888Â·632-1642. controversy shall be submitted to arbitration pursuant to the Title | Form 5011408 (11-1-10) Page 5 of 5 ~ ALTA Ownefs Policy of Title Insurance (6-17-06) Colorado American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Co, 6251 E. Greenwood Plaza Blvd. Bldg. 6, Suite 275 Greenwood Village, CO 80111 Policy Number: 5011408-0011287e File Number: 13003190 Address Reference: 620 East Hyman Avenue, Unit 1 Aspen, CO 81611 Amount of Insurance: $ 5,700,000.00 Premium: $ 9,835.00 Date of Policy: February 3, 2014 at 05:00 PM 1. Name of Insured: Aspen Core Penthouse LLC, a Colorado limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Aspen Core Penthouse LLC, a Colorado limited liability company 4. The Land referred to in this policy is described as follows: SEE EXHIBIT AATTACHED HERETO Date: Februar,6,2014 Attorneys Tit10 Insurance Agency of Aspen, LLC By: Gar/ K Wright, Authorized Officer or Agent Copyright 2006-2009 American Land Title Association. All rights reserved. - AMERICAN 1-AND TItle The use of this Form is restricted lo ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Assodation. (13003190.PFD/13003190/79) American Land Title Association Owner's Policy Adopted 6-17-06 First American Title Insurance Co. SCHEDULE B File Number: 13003190 Policy Number: 5011408-0011287e EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes for the year 2014, not yet due or payable. 8. Terms, conditions, provisions, agreements and obligations specified under the Deed dated January 3, 1888, and recorded January 31, 1888, in Book 59 at Page 330, as Reception No. 022423, providing as follows: "That no title be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 9. All ore and mineral bearing rock and earth beneath the surface of the subject property as granted in the Mining Deed dated June 1891, and recorded June 6, 1891, in Book 98 at Page 475, as Reception No. 041562. 10. Terms, conditions, provisions, agreements and obligations specmed under the Deed dated February 8, 1893, and recorded February 9, 1893, in Book 79 at Page 55, as Reception No. 051120, providing as follows: "That no title be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 11. Terms, condmons, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Subdivision Exemption for the Condominiumization and Vested Rights for 620 East Hyman Avenue, Lots P&Q, Block 99, City ofAspen (Ordinance No. 69 - Series of 1992) dated October 26, 1992, and recorded February 9, 1993, in Book 703 at Page 147, as Reception No. 353782. Copyright 2006-2009 American Land Title Association. All rights reserved. - AMERICAN IAND TITLE The use of this Form is restricted toALTA licensees and ALIA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land T'tie Association. (13003190.PFD/13003190/80) American Land Title Association Owner's Policy Adopted 6-17-06 SCHEDULE B (Continued) File Number: 13003190 Policy Number: 5011408-0011287e 12. Any and all notes, easements and recitals as disclosed on the recorded Plat of Tamarawood Building, a Condominium, recorded October 10,1995, in Plat Book 38 at Page 28, as Reception No. 386297. 13. Terms, condiuons, provisions, ag reements and obligations specified under the Condominium Declaration for The Tamarawood Building, a Condominium, recorded October 9, 1995, in Book 796 at Page 194, as Reception No. 386267. 14. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. Copyright 2006-2009 American Land TitleAssociation. All rights reserved. - AMEWCAN LAND TITLE The use of this Form is restricted to ALIA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. .-lat Reprinted under license from the American Land Title Assodation. v $#= â„¢ (13003190.PFD/13003190/80) EXHIBIT A File Number: 13003190 - Policy Number: 5011408-0011287e The Land referred to in this policy is described as follows: Residential Unit 1, TAMARAWOOD BUILDING, according to the Condominium Map thereof recorded October 10, 1995 in Plat.Book 38 at Page 28 and as defined and described in the Condominium Declaration thereof recorded October 9, 1995 in Book 796 at Page 194 of the County of Pitkin, State of Colorado. ALTA Owner's Policy ExhibitA ~ (13003190.PFD/13003190/81) ENDORSEMENT Attached to Policy No. 5011408-0011287E Issued By First American Title Insurance Company Said Policy is hereby amended by deleting paragraph 1,2,3 and 4 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: February 3,2014 First A~erican Title Insurance Company 121 By: Au!~rized Signatory Colorado Form No. 110.1 (4/94) (13003190.PFD/13003190/82) THE CrrY OF ASPEN Land Use Application Determination of Completeness Date: June 23,2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0052.2014. ASLU - 620 E. Hyman Ave, Commercial Design Review. Sara Nadolny will be the planner for the land use case. ~~1Â«Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. 1) Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. D Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 4101 6 RTennifer ~~an, Deputy Planning Director City of Aspen, Community Development Department For Office Use Onlv Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No_)6Â£ Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Â·;><v Commercial E.P.F. Lodging 1 Jennifer Phelan From: Jennifer Phelan Sent: Monday, June 23, 2014 10:09 AM To: 'kim@krai.us' Subject: FW: 620 E. Hyman Attachments: 20140623094849769.pdf Hi Kim: I've scheduled the hearing for August 5th; however, I did not see any proof of ownership in the application. See the attached letter for what constitutes acceptable forms of proof of ownership. We will need that item in order to conduct the hearing so please submit it at your earliest convenience. Thanks, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: messenger Sent: Monday, June 23, 2014 9:49 AM To: Jennifer Phelan Subject: This E-mail was sent from "PRT-CityHa113-Ricoh4000-Elevator" (Aficio MP 4000). Scan Date: 06.23.2014 09:48:49 (-0600) Queries to: ricoh@cityofaspen.com 1 1135-- '12.- 1 Ze- 09 00 f 1.20 1 4 Â· ASUR : 4 i = =J,-a.~i file Edit Record Navigate Formj ~{R#poris Format Iab Help i j >X k '2 4 -@ li ti: _j .d B. 1 i 0 Â£1 1 lump 1 M Ill 0 6 Al i 2 '] 6 -3 2 p , 8 1 1 9 90Â· 0 3__ _71 ~ Cugorn Fields Rot#ing Status Fee SummarY Actions Routin:g History Permit type aslu Aspen Land Use Permit # 10052 2014.ASLU Address 620 E HYMAN AVE Apt'Suite i aty ASPEN State CO ~ Zip I81611-1980 Permit Information 9- Master permit ~ Routing queue aslu07 Applied I06/17/2014 1 5 :F Projed | Shtlls pending Approved I Z i0 Description APPLICATION FOR COMMERCIAL DESIGN REVIEW Issued , 0 Closedifinal 0 Submitted |KIM RAYMOND 379 8938 I Clock ~Running ~ Days ~-0~ Expires 06/12/2015 y ] Owner Last name ASPEN CORE PENTHOUSE FIrst namel I133 PROSPECTOR RD I 1 -8 ~ASPEN CO 81611 Phone f )- Address | 1 ti ~ Applicant f E Owner is applicant? El Contractor is applicant? 1 1 Last name |ASPEN CORE PENTHOUSE First name 1 I133 PROSPECTOR RD ' ASPEN CO 81611 Phone K J - | CuM Â¢ |29836 | Addrpgs I Lender : j Last name First name 1 Phone C ) - Addres i Displaysthe permitlender's address *GGE (servei *elas ~ 1 oil . .il 02 #= /03 Â¥ - I ",U- 4,53.8.08 10 (-0 f,Le) / CDR 1 xogloo_1.1 1 sdno.lo gaili HYMAN STREET - .1 U M LIU J h EW I 8& UM@ M 0 E al.- < E-~Â£ f = A U N 0 EN LA g6 ./ G 32 XRRANGEMENTS AND PLANS HESE DRAWINGS AND RE THE PROPERTY AND t,AYMOND ARCHITECTS, INC. ~ USED ON ANY OTHER WORK )THER PERSON FOR ANY USE UT WRITTEN PERMISSION SHALL TAKE PRECEDENCE ONS AND SHALL BE VERIFIED IMENSIONAL DISCREPANCY R) THE ATTENTION OF THE OMMENCEMENT OF WORK. ZECEIVED JUN 1 6 2014 CITY ur ASPEN 'OMMUNITY DEVELOPMEN ORDER 1 )ES. REVIEW )TED NSION DOES E INCH (1") VG WILL HAVE R REDUCED, ED SCALES. A1 3 BEFORE ELEVATION 2 AFTER ELEVATION Plotted On: 6/16/14 (3) L -LINA '3AV Â¥ AH 19Â¥3 079 leAoiddv 30!Jelx3 .... . -- . A I - -I . -I I ..A . .0 ...1 . --k. . - 0 6 . , -- -1 , 0 - - . 6 ... - ... , A- . -- ..- I. , ..A . -. .Â· . 1~1 . . I------ r--~ 1.111.01.1.1.1 lilliliwillillillilillialilililillilliliallililillillilisillililillilililii'..lillii/illilililililliwilirilililill -=.1.-111 , -rir=-112 =ril:lir-7-77-Ji i lililillillillillillillilliillilillillillillill.IIIIIIIIIIIIIIIMA/:Ill/:c=u'll:illillillilililillillillililill . 9~12.1111 , , *Â·JI L '~ , 144 ,~~.4..am..4.0,~-,;UUJUk. 8,/:wAU.4- 1 11 1.. - . --HE.'46% A . 1 1 1 1 1 1 1 - r: A...0-=Â»a ,/ . 4'F =.4..:d:j.- i~+ ~1- .,1------ .."""'..a,=~4 1~ hkt.- =i*; AAd#* A-Z~ *A fL__LE_ - 4./.or~ Â¤ illillillillill'll ''.- 2 I.,22 â‚¬ i f . 14 . Uut .,6.4,Â£6 U .... .i=# i ..:5 3+ *-<~11 l.- .,0 -3.11 9-ir . Â· 0 04'r. 11+ - - ft.A--+4 ~ '1, , itt' A, ri r... . *A. . ~, 4 Q~ ~ '< ~ ~tr , . A L. ly ., A ./ ..0 4 *Vull J -,-: '-r.~JAkl-4 +,1- 4. 24 .,4, .Un - . 41-1, 1 91 U - .49+7*- 1 //////////4Â¥4 -ild -lill : t< 7'f~' jffÂ·* ~ ~1* .) i (Lii. i***f~ 5'...r771~e .~faw imilill (1 tÂ·- i 414- .: f.:ti ..lhil - â‚¬U ~ GRCe# 1 IL - . 4 t, S YL g<.,gog-4 Â·1_u, m.... A .3. ':tâ‚¬.,Â« .' a .I ' i'Â·Â· . .. i f. % 4 .* - . V.~v b. , 1~, , ..., " liggE:"im:gl . , r .. .. .....1~.u.,-72.24'.. 1 . 1. 4 .9421'Ew' ...7 7 5/.: . . , .: a. I R./ /14 - *Fie'. '*%4: it .-I . Â«447.=4 1.. t,.i... -1 - W., ....... ....... 'Ii- , 4 , 110 4 1 .." -LL , t . 4...> 4 ' - --~~Â¢,4A., -' ~-2J , ... .. . . :,4. F.4 '1-421. 1. 4., 1 .,. 4 t -= 1., -L_-23 . IN--1 2,4 ....... : -I,IllÂ» *00/ -=.4 1 / i .3 /6 r-~2Â·-r - -I. 4 =blay - I -. -- 71 ...%-4 -1- *- ly - Â· //////9*-- 1Â·Â· ACTUAL Â· ulle/./a//I 'UR' --