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Land Use Case.201 E Hyman Ave.0068.2013.ASLU
0068.2013. ASLU 201 EAST HyMAN AVE HEIGHT VARIANCE 2735-12-47-3001 1//»/ 90/Sk ... THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0068.2013.ASLU PARCEL ID NUMBERS 2735-12-4-73-001 PROJECTS ADDRESS 201 E HYMAN AVE PLANNER AMY SIMON CASE DESCRIPTION HEIGHTVARIENCE REPRESENTATIVE DEREK SKELCO DATE OF FINAL ACTION 10/31/2014 CLOSED BY ANGELA SCOREY ON: 3.19.15 3 PerMits . f P . - A- . 2 4. File Edit Record Navigate Firm Repit Format Iab Belp t ' I :c -271 -9 .7 -2 « t ,· 7 21 d lump l >.7 J# 4 i D , 1 42 .. . Jul , I V , i · Main Gdom Fuds Routing Status Fee Sum=f icims RoutingHby - 1 Pelmdt t~pe 2 Aspen Land Use Parril# COE.2013.4SLU a -1.1 IM• r UVUAKI At pr Apl/Sute AolfeSS 29 1 E ni Ifi:Mli ,•t¥[ -1 5 % ASPEN Slate CO Zip 81811 i Permil Informatbn Master pe[[ril Routrg queue asio07 AppEd ]COD,2013 Plokd Status pending Appioved Desciplion HEIGHT W.RANCE 'fHE MAJOR RE-DEVELOPME!iT PROPOSED/NOWHEORE Issued Arring 000:00-9 -2 BE REPOVED FROM EXISTING CONDI-IONS} 4-,L.j ·Wilw3 1,v' v·:CL i i rk Final !%.Ill~'iitid typHes 1 125#21,14 *I¥-*#WI.*4. Submitted DERIK SULKS 970.309.295 ~ Clock n':--:.. Da,$ 0 Subm~tled via Ownef 11 Lad name 201 EMINESTMENTS LLC Fist name :JASON GROSFELD ru ovA 1 3,0 ASPE[, CO 816;11 Phone i - Addre= Appical f Owns E *811? : Contractor k appiCall? ·81 ,.1 #:Al (22 12:!FC DA Box 72¢ : Last name 24 i 31 Itivick u. LiC Filst name JASON C ,: JL . I ..: I , ..1/ ASPEN CO 81611 Phone i: - Cud 11 23031 Addess lendel Last name Fist nanie 1 PIm 1 - A,NAr:p ~ ~K~ C lu 4 Ot,U LA Aurl.Mdjuto< 1 N"( 3 1011 ' Enter the permit type code AspenG0145 (server) d~mam View 4===** 3810 N '10!no R xoqloo dno 'E] gel L MEMORANDUM TO: Mayor Skadron and City Council THRU: Chris Bendon, Community Development Director NIW) FROM: Amy Simon. Historic Preservation Officer RE: 201 E. Hyman Avenue, Height Variance Resolution No. 104, Series 2013, Public Hearing DATE: November 18,2013 APPLICANT /OWNER: 201 EH Investments I.2 : D.j.+4..iti.:75~ LLC. REPRESENTATIVE: Guerin Glass Architects ' . .....3.2." - './i.. and 1 Friday Design Collaborative r I ..1 ... dim~i~4~'a r i .4- d I - - P -- LOCATION: 201 E. Hyman Avenue, Lots A, r-· '- i ' ·- -- - 3 - 9 -7f:* / 1-7/IC' : B and the west 2/3rd of Lot C, Block 76, City 81 .1. and Townsite of Aspen, Parcel ID# 2735- 124-73-001. AW£· · .p .1 /1 1 i ·......luar REQUEST: Council is asked to approve a Lf' .fp. .-12: 2 · height variance of 5'. The location of the variance is limited, related only to how " . 6- t height is calculated adjacent to a lightwell Im~6,0 .- proposed to be constructed in the middle of this site as part of a pending redevelopment. BACKGROUND: The applicant has recently purchased 201 E. Hyman, a landmarked single family home. Although the property is zoned for Mixed Use, which would allow as much as 16,000 square feet of floor area, the owner has decided to maintain it as a residence of 4,020 square feet of floor area. In September 2013, the Historic Preservation Commission reviewed a proposal to demolish all non-historic construction on the site. to lift the historic house for basement excavation, to make an addition to the house, and to move the outbuilding to a new position on the site. HPC granted approval and recommended that Council allow the height variance. Subsequently, some neighboring property owners indicated that they had not received public notice of the HPC meeting by mail. To ensure that the public is given an opportunity to participate in the discussion, the project will be re-reviewed by HPC on Nov. 13th. Staff will provide Council with the board's decision as part of the presentation on November 18m The proposed project will restore the miner's cottage on the site to its original size, and then create a linking hallway that leads to a new two story mass along the east property line, buffering Page 1 of 2 the house from the very tall fagade of the Limelight I lotel next door. A historic outbuilding will be preserved along the alley. The project has been designed to provide "breathing room" and green space around the historic structures. The architects have designed a large lightwell at the middle of the site, not visible from the street, that would allow substantial daylight into the below grade space. This decision reduces, to some extent, the amount of above grade space that can be built on the site, since the large lightwell will result in more of the basement area counting in the floor area limit than might normally be the case. Reducing above grade space in favor of quality below grade space is a good preservation outcome. However, whenever a lightwell is larger than 100 square feet in area (this one is 230 square feet, 23' x 10'), the Municipal Code requires that the height of an adjacent living space will be measured from the bottom of the lightwell. rather than from natural grade. The two story aspect of this project is directly alongside the east edge of the lightwell. Measured from grade, this living space is 20' 2" tall, which is under the maximum height limit by 5'. Measured from the bottom of the lightwell, the addition is 30'9" tall, with is 5'9" over the maximum height limit. Council is the only decision making body with the authority to grant a height variance. STAFF RECOMMENDATION: The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City has the ability to grant a variance to avoid a "regulatory taking". City staff believes this property has reasonable use. The property owner must demonstrate that his rights, as compared with owners of similar properties, have been deprived. In considering this criterion, the Council must consider unique conditions inherent to the property but which are not the result of the applicant's actions. Staff acknowledges the limited effect of this variance request. Staff supports this historic preservation project in terms of the HPC design guidelines and policies. The height conflict, however, is created by choices made by the architect team. There are other design solutions that could still achieve their concept without requiring a variance. Staff does not believe this application meets the City's strict standards for a variance, Staff recommends denial of the variance. A resolution approving the variance has been provided in case that is the direction of Council. CITY MANAGER COMMENTS: PROPOSED MOTION: "I move to approve Resolution No. 104, Series 2013." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application Page 2 of 2 EXHIBIT A REVIEW CRITERIA 26.314.040.A - Variances, Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Response - The purpose of the City's land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations of property o-wners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. Sta# does not believe this criterion is met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Response - Slaff believes reasonable use of the property already exists and that no variance is necessary to achieve reasonable use. Staff does not believe this criterion is met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Response - The applicant has preservation obligations that not all properties in Aspen are subject to, however there are other mechanisms in place that provide relief and variances to offset the challenges of working around a historic resource. Stafdoes not believe this criterion is met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Sta# Response - Receipt of a height variance would grant a special privilege not available to other properties. Staff does not believe this criterion is met. RESOLUTION NO. 104 (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL GRANTING A HEIGHT VARIANCE TO 201 E. HYMAN AVENUE, LOTS A, B AND THE WEST 2/3RD OF LOT C, BLOCK 76, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID : 2735-124-73-001 WHEREAS, the Community Development Director received a request for a height variance from the owner of 201 E. Hyman Avenue, Lots A, B and the west 2/3rd of Lot C, Block 76, City and lownsite of Aspen. Colorado; and, WHEREAS, the City Council, pursuant to Chapter 26.314, may approve, approve with conditions, or deny the variance request; and, WHEREAS, the City Council has taken and considered written and verbal testimony from the City of Aspen Community Development staff, Guerin Glass Architects and 1 Friday Design Collaborative, representing the owner, and the general public, and has found that the application for a height variance meets the standards o f review; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council approves a variance related only to how height is calculated adjacent to a lightwell proposed to be constructed in the middle of this site as part of a pending redevelopment. 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. I f any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ,2013. ATTEST: Kathryn S. Koch, City Clerk Steven Skadron, Mayor APPROVED AS TO FORM: James R. True, City Attorney Resolution No. !04, Series of 2013 210 Cooper Condominium Association Aspen, Colorado November 12, 2013 Honorable Steven Skadron Mayor, Aspen City Council Subject: Proposed Development of Hartmann House Lot 201 E. Hyman Avenue The 21 condominium owners in the 210 Cooper condominium building share the block bordered by Cooper, Aspen, Monarch and Hyman streets with the proposed Hartmann House lot development and the Limelight Lodge. The 210 Cooper Condo Board of Directors wishes to go on record that it generally favors the Hartmann property owners proposal to develop the property as a single family dwelling and is willing to cooperate with the owners to assist in moving the project expeditiously along. However, we have several concerns that need to be addressed. We request a minimum five feet setback of any development along the alley immediately behind the 210 Cooper building adjacent to the Hartmann House lot in order that the project does not impinge upon the 210 owner's use of the parking spaces accessed through this alley. Compounding the problem is that this alley is presently also extensively used by the Limelight Lodge with large recycle and trash truck pickups that require ample space to maneuver in addition to 210 Cooper owners parking use. The alley was once a thoroughfare between Aspen and Monarch Streets and the 210 Cooper owners acceded to the City's request to permit it to vacate a large portion of the thoroughfare, creating a dead- end alley, so that the Limelight developers could use the vacated land for building. In view of our cooperation in that instance, we respectfully request continued city cooperation to preserve the alley parking spaces immediately to the rear of the 210 Cooper building. Additionally, the 210 Cooper Board has concerns about the height, parking and lot density variances being requested by the Hartmann House developers. These concerns will be more fully presented by 210 Cooper representatives at the City Council meeting on November 18, 2013. We ask that the City Council urge the developers to work closely with the 210 Cooper Condominium Association Board in order that its concerns in this respect may have some positive bearing on the development. Respectfully, Robert Leatherman, Secretary Board of Directors 210 Cooper Condominium Association AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AQDRESS OF,KROPERTY: a 0 1 kr kt 3jman BYL-, 1,01 4 I,Aspen, CO SCHEDULED PUBLIC HEARING DATE: rbonacus, N ov iS , 20.13 STATE OF COLORADO ) ) SS. County of Pitkin ) i.2 *CE rn ilya HAA+Qo (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: 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 o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area o f 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. 3£e~A»92,-A -I .... Signature The foregoing "Affidavit ofNotice" was acknowledged before me this<~~iy of 0 ettiow- , 20.13 by 21*1Av, £ ~a AACk.Wi r, PUBLIC NOTICE RE: 201 E. HYMAN AVENUE- HEIGHT VARIANCE / NOTICE IS HEREBY GIVEN that a public hearing / WITNESS MY HAND AND OFFICIAL SEAL will be held on Monday, November 18, 2013, at a special meeting to begin at 5:00 p.m. before the / Aspen City Council, in Council Chambers, City ; Hall, 130 S. Galena St. Aspen. City Council will review an application submitted by 201 EH Invest- ments LLC, P.O. Box 7928, Aspen, CO 81612, / My commission expires: c~ 10( 1 92 owner of the property located at 201 E. Hyman Av- ~ enue, Lots A, B and the west 2/3rd of Lot C, Block 76, City and Townsite of Aspen, PID #2735-124-73-001. The applicant requests ap- proval for a height variance, only related to the way Wit, 44 -fatu#/P- that height is calculated adjacent to lightwells. For j Notary Public further information, contact Amy Simon at the City ot Aspen Community Development Department, 130 S. Galena St. Aspen, CO, (970) 429-2758, amy.simon@cityofaspen.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times Weekly on October 31, 2013. [9667816] A i i ACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE, POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 \ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 26€T- 89.1AKI 'AuniCE , Aspen, CO SCHEDULED PUBLIC HEARING DATE: MokifIAY , AbvEF•1136*2 1 2-7H ,20 13 STATE OF COLORADO ) ) SS. County of Pitkin ) C./0 -20 0 FE+4 1 Nl,Eir';VrN-i-5 LLC I 9%,CA<€4©ALI<b (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) ofthe Aspen Land Use Code in the following manner: Publication qf 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. h< Posting Of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 32'11 day of OcloGE'Q , 20_13 to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet 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. 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 l., . 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 ofthis 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 The foregoing "Affidavit of Notice" was acknowledged before me this 30 day of Oclb e y R , 20 /.3 , by A@eg-Lk, Cok-12-ate Z Nus~Gong/ WITNESS MY HAND AND OFFICIAL SEAL Notary Pubic State ofColorado My commission~ires: 1 2 -3 0 -20/6 Not,y ID 20084043073 1 1 L. MyCommiston B@ires December34 2016 0 4*/A hfh'<' Notal¥ Public u ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 201 E. HYMAN AVENUE- HEIGHT VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 18, 2013, at a special meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall, 130 S. Galena St., Aspen. City Council will review an application subnitted by 201 EH Investments LLC, P.O. Box 7928, Aspen, CO 81612, owner of the property located at 201 E. Hyman Avenue, Lots A, B and the west 2/3rd ofLot C, Block 76, City and Townsite of Aspen, PID #2735-124-73- 001. The applicant requests approval for a height variance, only related to the way that height is calculated adjacent to lightwells. For further information, contact Amy Simon at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy. simon@cityofaspen. com. s/ Steven Skadron, Mayor Aspen City Council Published inthe Aspen Times on October 31,2013 City ofAspen Account 306 S GARMISCH TOWNHOMES CONDO 1006 EAST HOPKINS LLC AJAX KABIN LLC C/O WRW & CO 215 S MONARCH SUITE 104 25 BROAD ST APT TSF 16130 VENTURA BLVD #320 ASPEN, CO 81611 NEW YORK, NY 10004 ENCINO, CA 91436 ASPEN/PITKIN COUNTY HOUSING AUTH ATTERBURY ANDREW L & PRENTICE ASPEN SKIING COMPANY LLC 0.01% GWYN A PO BOX 1248 530 E MAIN ST #001 2001 SHAWNEE MISSION PKY ASPEN, CO 81612 ASPEN, CO 81611 SHAWNEE MISSION, KS 66205 BARRETT STEVEN R BERNSTEIN JEREMY M PROFIT BARNES JACK & BONITA C/O JP WEIGAND & SONS INC SHARING PLAN 125 E HYMAN AVE 2A 150 N MARKET 610 NORTH ST ASPEN, CO 81611 WICHITA, KS 67202 ASPEN, CO 81611 BLOEMINK BARBARA BOGIN ROBERT M BOND ANN 210 E HYMAN AVE #5 4280 S MEADOW BROOK LN 210 E HYMAN #6 ASPEN, CO 81611 EVERGREEN, CO 80439 ASPEN, CO 81611 BROADSCOPE PTY LTD BRAYMAN WALTER W & PATRICIA BRINING ROBERT CATLOW TRUST 844 ROCKWELL LN 215 S MONARCH ST STE 203 223 RIVERTON DR KANSAS CITY, MO 64112-2363 ASPEN, CO 81611 SHELLEY AUSTRALIA 6148, BROWN SHANE & KRISTINE BUSH ALAN DAVID CALLAHAN PATRICIA 3334 LA CIENEGA PL 0046 HEATHER LN 0184 MOUNTAIN LAUREL DR LOS ANGELES, CA 900163117 ASPEN, CO 81611-3342 ASPEN, CO 81611 CARRIGAN RICHARD A JR CASA KESS LLC CAYTON ANDREA TRUST 2S526 WILLIAMS RD PO BOX 3121 2379 EARLS CT WARRENVILLE, IL 60555 ASPEN, CO 81612 LOS ANGELES, CA 90077 CITY OF ASPEN CHALET LISL PARTNERSHIP LTD CHRISPAT ASPEN LLC ATTN FINANCE DEPT 100 E HYMAN AVE 1107 5TH AVE #35 130 S GALENA ST ASPEN, CO 81611 NEW YORK, NY 10128 ASPEN, CO 81611 CLAUSEN FAMILY TRUST NO 1 CLARK FAMILY TRUST CLARKS ASPEN LLC C/O GUNDY MGMT CO PO BOX 362 818 SOUTH MAIN ST PO BOX 47 ASPEN, CO 81612 BIANDING, UT 84511 MORRIS, IL 60450 COHEN JACK DAVID COHN PETER L COOPER TWO LLC 5 WOODLAND CT PO BOX 2138 950 HILL RD SAYVILLE, NY 11782 ASPEN, CO 81612 WINNETKA IL 60093 CRETE ASSOCIATES LP CRYSTAL PALACE ACQUSITIONS LLC DALTON CHARLES O IRREV TRUST 50% PO BOX 1524 2100 E MAPLE RD, STE 200 1031 S CALDWELL ST #200 BRYN MAWR, PA 19010 BIRMINGHAM, MI 48009 CHARLOTTE, NC 28203 DAVIDSON DONALD W DAVIS HORN INCORPORATED DB ASPEN HOLDINGS LLC 864 CEMETERY LN 215 S MONARCH #104 3400 N CAUSEWAY BLVD ASPEN, CO 81611 ASPEN, CO 81611 METAIRIE, LA 70002 DE SOTO LINDA JANE LIV TRUST DOLLE NORMA L REV TRUST DUNN DAVID & POLLY 1209 MANHATTAN AVE #130 1103 HERITAGE DR 611 S UPPER BROADWAY MANHATTAN BEACH, CA 90266 CARBONDALE, CO 81623 CORPUS CHRISTI, TX 78401 DUNTON KAY L TRUST DUPLEX INVESTMENTS LLC 50% ELLIOTT ELYSE A TRUST 210 E HYMAN AVE #7 10601 N PENNSYLVANIA AVE 610 NORTH ST ASPEN, CO 816112012 OKLAHOMA CITY, OK 73120 ASPEN, CO 81611 FREDRICK LARRY D FEDER HAROLD L & ZETTA F FTG ASPEN LLC ROBERTS JANET A 985 CASCADE AVE 6735 TELEGRAPH RD #110 215 S MONARCH ST #G101 BOULDER, CO 80302-7550 BLOOMFIELD HILLS, MI 48301-3141 ASPEN, CO 81611 FUQUA ALVAH D JR & DIANNE L FYRWALD JON ERIK & GUDRUN L GEORGIEFF KATHERINE TRUSTEE 446 LAKE SHORE DR 126 EAST HICKORY ST 11 TOPPING LN SUNSET BEACH, NC 28468 HINSDALE, IL 60521 ST LOUIS, MO 63131 GIEFER PATRICK GLISMANN JOHN P GOODING RICHARD L 204 SARATOGA VEIN CT PO BOX 4999 4800 S HOLLY ST CASTLE PINE, CO 80108 ASPEN, CO 81612 ENGLEWOOD, CO 80111 GOOLSBY BRYAN L & MICHELLE L GORDON BRIAN S GRAND SLAM HOLDINGS LLC 6722 WAGGONER 26985 CRESTVVOOD C/O CARL B LINNECKE CPA PC DALLAS, TX 75230 FRANKLIN, MI 48025 215 S MONARCH ST #101 ASPEN, CO 81611 GSS MONARCH LLC GUBSER NICHOLAS J GUNION JOHN F PO BOX 3377 PO BOX 870 1004 MARINA CIR BASALT, CO 81621 ASPEN, CO 81612 DAVIS, CA 95616 GUTNER KENNETH H REV TRUST HART GEORGE DAVID & SARAH C HERRON SANDRAA PO BOX 11001 PO BOX 5491 119 E COOPER AVE APT 19 ASPEN, CO 81612 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611-1761 HONE THOMAS A & CAROL A HOSKIN REEDE HOLYOAKE LAURENCE M & COX 130 E WAYNE ST PO BOX 2478 HEATHER J CELINA, OH 45822 BASALT, CO 81621-2478 555 E DURANT iMA ASPEN, CO 81611 IFTNFS LLC JACARANDA ASPEN LLC JACKSON BISQUE 0115 GLEN EAGLES DR PO BOX 11980 PO BOX 9064 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 JACOBSON FAMILY TRUST JCS GARMISCH LLC JMS LLC 2168 SANTA MARGARITA DR PO BOX 11636 0115 GLEN EAGLES DR FALLBROOK, CA 92028 ALEXANDRIA, LA 71315 ASPEN, CO 81611 JOHNSON PETER C & SANDRA K JONES MICHAEL C KAISER HARRIS FAMILY TRUST 51 OVERLOOK DR PO BOX 7966 12942 CHALON RD ASPEN, CO 81611-1008 ASPEN, CO 81612 LOS ANGELES, CA 90049 KAMINER NINA KEBER VINCENT M 111 KAUFMAN STEVEN TRUST & HARLOW 25 BROAD ST/TSF 1301 WAZEE #2E VIRGINIA TRUST NEW YORK, NY 10004 DENVER, CO 80204 0554 ESCALANTE CARBONDALE, CO 81623 KEITH JOHN 111 KELLY GARY KIRIANOFF PATRICIA TRUST PO BOX 4783 PO BOX 12356 PO BOX 1749 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 KNAPP MICHAEL LARKIN FRED C SPOUSAL TRUST LARRABEE DONALD C JR 1001 MEDICAL PK STE 213 ONE COVE LN 1417 POTTER DR STE 105 GRAND RAPIDS, MI 49546 BOW MAR, CO 80123 COLORADO SPRINGS, CO 80909 LIMELITE REDEVELOPMENT LLC LEATHERMAN ROBERT D LEDINGHAM DAVID CHARLES 16% CONDO ASSOC PO BOX 11930 124 E COOPER ST C/O GENERAL MANAGEMENT ASPEN, CO 81612 ASPEN, CO 81611 1201 GALAPAGO ST #101 DENVER, CO 80204 LOFINO MICHAEL D LUBIN SHAFIGHEH LORING PETER & ELIZABETH S 3255 SEAJAY DR PO BOX 3748 LORING WOLCOTT & COOLIDGE OFFICE DAYTON, OH 45430 ASPEN, CO 81612 230 CONGRESS ST BOSTON, MA 02110 MACDONALD VALERIE MEEKER RICHARD J AND ALLISON D MESSNER CHRISTIAN PO BOX 1681 0752 MEADOWOOD DR 119 E COOPER AVE #21 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MOP LLC MORRONGIELLO LYDIA A NELSON ARLENE 5348 VEGAS DR 1178 HICKORY WY 119 E COOPER ST #6 LAS VEGAS, NV 89108 ERIE, CO 805167994 ASPEN, CO 81611 NEWMAN KERRY J & RICKI R NORRIS JOAN NORTH & SOUTH ASPEN LLC 617 PRINCE DR PO BOX 12358 200 S ASPEN ST NEWBURGH, IN 47630 ASPEN, CO 81612 ASPEN, CO 81611 OBRIEN MAUREEN OFM HOLDINGS LP ORR ROBERT L 1370 MAIN ST PO BOX 541208 2700 G ROAD #12A CARBONDALE, CO 81623 DALLAS, TX 75354 GRAND JUNCTION, CO 81506 PARK CENTRAL CONDO ASSOC PARKER RICHARD C & KAREN S PAY ERIC GEOFFREY 215 S MONARCH ST STE 203 3029 BAKER MEADOW SE 119 E COOPER AVE APT 12 ASPEN, CO 81611 ATLANTA, GA 30339 ASPEN, CO 81611-1772 PAY-ASE PROPERTIES LLC PENTHOUSE ONE & TWO LLC PEONY LLC 2200 ROSS AVE # 3838 PO BOX 11980 121 BARRANCA AVE DALLAS, TX 75201 ASPEN, CO 81611 SANTA BARBARA, CA 93109 PERREAULT GEORGE C TRUST PITNER N KATHRYN POPKIN PHILIP G 7336 CAPTAIN KIDD AVE PO BOX 11930 PO BOX 7956 SARASOTA, FL 34231-5442 ASPEN, CO 81612 ASPEN, CO 81612 PRASAD REV TRUST PRODINGER IRMA PROSPECTOR FRACTIONAL OWNERS 3776 W 3700 N PO BOX 1245 ASSOC DARLINGTON, ID 83255 ASPEN, CO 81612 301 E HYMAN AVE #108 ASPEN, CO 81611 PURVIS ROBERT K TRUST RACZAK JOSEPH S & JANET L RASMUSSEN DAVID L & RITA M PO BOX 3089 0234 LIGHT HILL RD PO BOX 120262 ASPEN, CO 81612 SNOWMASS, CO 81654 ARLINGTON, TX 76012 RIVOLI INVESTMENTS LLC RLC ASPEN LLC ROMER MARCY & FRANK L 533 E HOPKINS AVE 3RD FLR 12500 PARK POTOMAC AVE #207N 10204 E SHERI LN ASPEN, CO 81611 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E 91,3..1 /11/1 PUBLIC NOTICE 341 r- k r . I t :........... PUBLIC NOTICE 201 Public noticing as posted 10-30-13 £ Date: Monday,_Nov. 18,-2013 i Time: 5:00 p.m PlaC'_Council Chambers,City Mailing Notifications delivered to Aspen - Ha]113[1-3. alana._Agen USPS for mailing on 10-30-13 (Adam Purpose: was more curious than Jim a few days Council will review an application by prior) 201 EH Investments LLC, P.O. Box 7928,8spen, CO 81612, owner of this proRRI¥_8_heightvariance, qnly miatdktheyaLMWhtis ' - ; calculated-adiagentto lightwells, is 1.. i Tri>~ For further illformatign corit®t Aspen. - Plannin-Peet.-972429-2758- .¥1'.1 \ ..1JIIII- ..#: -2 - . . -.-c re i -/El IJ// 11 i ul j ./ 2,» 1214 G.KIL ,•-:tr·ue·-·Wa U .jf...,IAvt•- d .ii-,f il'¥ 4.lf•..9 43, 3.0 · / 44%--«-0,01 %18/11-7 C.. J. FO 733% -7129 Sy.U <.. 4..·8 2. Ul ,A PM 1 T 441"'--1.4 - 'At,At.,44 »SPEAI C CD *16\2_ t32€6<1 -~NACKO A:33, Al«3,6 «7¥b=._ 1 - fhA Yl\<Er .060. 6-06126 J UN EF 2\Y 1349\OF-- , dE) 3 1 4-2-1 Bi 62 i 37500 lililit|i'il,ittilillilitilijit,lililitilii,ililiti'1111'111'11'1 k. 46 , - PUBLIC NOTICE RE: 201 E. HYMAN AVENUE-HEIGHT VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 18, 2013, at a special meeting to begin at 5:00 pm before the Aspen City Council, in Council Chambers, City Hall 130 S. Galena St., Aspen. City Council will review an application submitted by 201 EH Investments LLC, P.O. Box 7928, Aspen, CO 81612, owner of the property located at 201 E. Hyman Avenue, Lots A, B and the west 2/34 of Lot C, Block 76, City and Townsite of Aspen, PID #2735-124-73- 001. The applicant requests approval for a height variance, only related to the way that height is calculated adjacent to lightwells. For further information, contact Amy Simon at the City ofAspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy. simon(*cityofaspen.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on October 31, 2013 City ofAspen Account GRAND JUNCTION CO 815 3 69 -792 3 -*4222.-,70,42W . A 959,0 , 60 91612_ BIO OCT- 2013 PM· 1. T 400«0--% 14*, P; V-4 ir»EP:f .01<A-143 fb (300 --7725 /6(EN f co K-l6(Z Bibi237728 lilli'il,!,i/li,1/ililillill,1,/ilillillil,illii,litliil,lii,ilii PUBLIC NOTICE RE: 201 E. HYMAN AVENUE- HEIGHT VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 18, 2013, at a special meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall 130 S. Galena St., Aspen. City Council will review an application submitted by 201 EH Investments LLC, P.O. Box 7928, Aspen, CO 81612, owner of the property located at 201 E. Hyman Avenue, Lots A, B and the west 2/34 of Lot C, Block 76, City and Townsite of Aspen, PID #2735-124-73- 001. The applicant requests approval for a height variance, only related to the way that height is calculated adjacent to lightwells. For further information, contact Amy Simon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy. simon@cityofaspen.com. s/ Steven Skadron. Mayor Aspen City Council Published inthe Aspen Times on October 31, 2013 City ofAspen Account Page 1 of 1 RE·Ge-*E Derek Skalko 10 -3\- 20 1-3> From: Derek Skalko [derek@1 friday.com] Sent: Thursday, October 31, 2013 1:46 PM ,*Flls;AU rT / FU i-3L\C To: taddune@compuserve.com kiurn GEL- ¥:2%2 CC: 'Debbie Quinn'; 'Amy Simon'; 'Chris Bendon'; 'Derek Skalko' /7,1 i NOCL) Subject: 201 East Hyamn City Council Notification Issued 10-30-2013 Attn: Mr. Paul J Taddune, P.C. 1 931-4 CICTUUCI L Re: 201 East Hyman Residence - City Council Height Variance Request CC: Mr. Chris Bendon, Ms. Amy Simon, Ms. Debbie Quinn 0-1/12277AZE r=aut ~-1 71*ki 1 '813 ec- 90£ / - Good Afternoon Paul & City of Aspen Team, eases Happy Halloween to each of you. Please be informed all mailing notifications regarding the 201 East Hyman Aspen City Council Height Variance Request (scheduled for Monday, November 18th, 5pm) have been sent as of Wednesday (10-30-2013) via US first class mail to each individual (except for Australia- international first class issue) on the attached PDF listing. Additionally, you've been noticed Paul, and you should expect you to receive notice by Saturday of this week at the latest. The required signage for the November 18th City Council meeting has also been posted accordingly on the 201 East Hyman Avenue property. Please inform your listed clients notification has been issued. The Jacobsen Family Trust Donald Larabee Robert Leatherman Peter Loring Kerry & Riki Newman Kathryn Pittner James Scull Melissa Sheenan A copy of the notarized affidavit is attached for your records in addition to images taken from 201 East Hyman and the Aspen Post Office on 10-30-2013. Adam says hello to each of you. Thank you all, and we'll see you on November 18m. Derek Skalko 11/5/2013 PO BOX 7928 Aspen, CO 81612-7928 .1, (fitift A, Phone: 970.309.0695 E-mail / Web: derekfi.1 friday.corn / www.1 friday.corn ..1 1 1.1 .'11 1 4, i 4 .L 1 1 4 To: Ms. Amy Simon; Director From: Derek Skalko, Local Representative The Aspen Historic Preservation Commission 201 East Hyman Avenue Residence E=mail: Amy.Simon@cityofaspen.com Date: October 30, 2013 Phone: 970.429.2758 Pages: 8 Re: 201 East Hyman Avenue - Background CC: file Information/ Request for Height Variance 201 East Hyman Avenue HPC Major Development - HPC Conceptual Approval Hello Ms. Amy Simon, Mayor Steven Skadron & Member Elect of the Aspen City Council, We are approaching the Aspen HPC & City Council on behalf of 201 EH Investments LLC, care of Mr. Jason Grosfeld, manager and property owner of 201 East Hyman Avenue, to seek a height variance for the project's stairwell tower, a secondary massing element to the HPC conceptual project as proposed. To familiarize you with 201 East Hyman, the residence is an 8,000 sq ft property located just outside the defined commercial core of downtown Aspen. The property is legally defined as Lots A, B & West 2/3rd,s of Lot C, Block 76 within the City and Townsite of Aspen and is, by definition, zoned a mixed-use lot according to the Aspen land use code. The property's maximum allowable height for a single family residence is 25', and the massing element subject to the height variance we are requesting is 20'-2" in height above the property's existing site grade (visually well below the 25' limit). Our request of a height variance is driven by the fact we are proposing a lightwell internal to the project's design larger than the allowable maximum of 100 sq ft per code. The actual above grade height of the stairwell, a secondary massing element comprising the east wall of the lightwell, is 20'-2" from the existing grade of the project site. The total height of the vertical wall surface from the subgrade , f courtyard/well is 30'-9", which, due to the larger size, then exceeds the 25' height allowable per Land Use Code Section 26.575.020. We want to stress this discussion of "height" is attributed to the size of the proposed lightwell and a post 2008 interpretation/ revision to the Land Use Code. The proposed project is being provided in its entirety per the requirements of the land use application. Additionally, a computer model will be provided for the hearing to further explain our proposal and request of variance for 201 East Hyman. Packet Submission: The 12x 18" drawing packet included for your review of 201 East Hyman includes the following: Sheet HPC-001: 201 East Hyman title sheet Sheet HPC-002: 201 Easy Hyman aerial mapping location with Aspen, and existing conditions imaging taken from East Hyman Avenue and South Aspen Street perspectives. Sheet HPC-003: Existing site plan with noted structures, topography, and all property and easement setback conditions as recorded. Sheet HPC-004: The existing and proposed site plan conditions with the proposed massing removals and relocations indicated accordingly. Sheet HPC-005: The existing sub-grade, main level and roof plans of the historic Victorian main residence. Sheet HPC-006: The existing exterior elevations of the historic Victorian main residence. Sheet HPC-007: Existing floor and roof plans, and exterior elevations of the 201 alley outbuilding. Sheet HPC-100: The proposed site plan for 201 East Hyman in addition to the contextual surrounding downtown core, mixed use, and R-6 neighborhoods. Sheet HPC-101: The proposed lower level (sub-grade) floor plan for the 201 main residence scaled at 1/8" =1'-0". Sheet HPC-102: The proposed main level floor plan for the 201 East Hyman main residence, outbuilding and property scaled at 1/8" =1'-0". Sheet HPC-103: The proposed second level floor plan for the 201 East Hyman main residence, roof plan for historic portion of the project and outbuilding scaled at 1/8" =1'-0" Sheet HPC-104: The proposed roof plans for the 201 East Hyman project and site scaled at 1/8" =1'-0". Sheet HPC-200: Proposed sections through the 201 East Hyman residential development scaled at 1/8" = 1'-0". Sheet HPC-300: Proposed north (East Hyman) and south (alley) exterior elevations scaled at 1 /8" =1'- 0". Proposed material callouts provided. Sheet HPC-301: Proposed west (South Aspen) exterior elevation scaled at 1/8" =1'-0" Proposed material callouts provided. Proposed Project Overview, Design Intent & Preservation Background regarding 201 East Hyman: 201 EAST HYMAN - DESIGN INTENT: The goal of the proposed work at 201 East Hyman Avenue in Aspen's Downtown core is to preserve, restore and expand an important and beautiful example of western Victorian architecture while integrating the building with an evolving city fabric and expanding the house to accommodate a family in a contemporary manner. PRESERVATION: The existing historic resource dates to 1898 or earlier, making it an important example of the mining Victorian style, and an important piece of Aspen history. The exterior of the house itself will be preserved in its original form and location. The addition dating from post 1997 will be removed. The shed will also be preserved, and as the historic information indicates multiple locations over time, the proposal is to locate the shed closer to Aspen Street. Both structures will be raised to allow for new, expanded foundations and will be stabilized and/or restored to true form. Exterior details will be preserved to match the historic information available, the windows upgraded but in a matching style, and the roof replaced with wooden shingles. The interiors of both structures will be modernized and the interior configurations adjusted to accommodate the expanded use. PLANNING: The planning will serve to not only showcase the existing house, but also expand its area to include spaces for entertaining, family and guest quarters, and help integrate the delicate structures with the variably scaled surroundings. The historic resource remains in its original location, with the shed relocated toward Aspen Street. The new massing volume will be placed at the southeastern corner of the lot, allowing for the greatest separation between the historic and new constructions as possible. A central lightwell is introduced at the intersection of the new and historic structures which are linked by a delicate, enclosed breezeway. This makes the reading of the historic structure primary in focus, and helps to create a stronger edge on Aspen Street, and opens up the space within the site to allow for an enlarged yard with maximized light and open air. The existing house remains the primary entrance and expression of form on the corner of Aspen and East Hyman, and will contain a receiving room and library along with supporting areas. This will link to a contemporary volume that sits back from the East Hyman fagade approximately 26'-8" from the property line to the new house connected by a light- structured, glazed breezeway. At the ground level, the new volume contains a master suite, mud room, and garage space for two cars. The upper level of this volume provides the main entertaining space, with the family kitchen, dining area and indoor and outdoor living areas. The shed is repurposed as a habitable out-building with support for the recreation amenity within in the yard. Extensive space is added below grade. To the northeast, below the master suite and adjacent to the lightwell is a large family recreation space. On the southeast corner are a fitness area and the prime mechanical space. Three bedrooms and a children's bunk room are distributed around the project's central interior courtyard/ well. MASSING & SCALE: The proposed form of the new volume to the southeast of the restored and expanded structure supports the notation of the historic resource as a primary element and balances the scale of the Victorian structure with the surrounding area. The new volume is a simple, quietly articulated mass, pushed as far east on the site from the historic strudures as possible, and back as far as possible from East Hyman from the northern fagade. The roof form matches that of the historic house and shed. While taller than the existing structure, the new volume reads as secondary due to its location upon the site, and the presence of the larger context that surrounds the property. DESIGN: While the historic structure is a highly articulated Victorian jewel, the new volume stands in contrast. It is intentionally quiet, and rendered in a slightly darker color than the existing house so as to support the idea of primary and supporting elements. The white, semi-ornate detailing of the existing house will be fully restored and recreated. The shed itself has minimal detail, and its restoration will maintain this, expressing its supporting role. The new volume further reinforces this by keeping the detailing to a minimum, presenting itself as an extremely quiet supporting structure off to the side of and behind the more vibrant house. The siding is a clean shiplap, treated wood, with openings minimized and treated according to their orientation. The street fagade is covered by a uniform curtain of matching wooden louvers, creating visual privacy for the interior spaces while maintaining views, and providing a visual quiet in contrast to the more opulent historic house. The rear fagade is open to the views - with similar fenestration but with the louvers reduced or eliminated where possible. The western fagade only has openings with the connecting elements so as to reinforce the notion of the new volume as backdrop to the historic resource. The linking elements are glazed on the vertical surfaces, with painted aluminum louvers on the southwest fagade to assist with solar control. This rendering is intended to create a clear visual and spatial distinction between the historic and new volumes. 26.314.040.A - VARIANCES & STANDARDS APPLICABLE TO VARIANCES: A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code. The purpose of the City's land use code is very general, and we do understand the reasonable obligations of property owners for which these objectives and policies were initiated in the first place. We believe we are requesting a height variance for a single family residence that has absolutely no negative impact on the purposes, goals, objectives and policies of the Aspen Title and City Municipal Code. The height variance request is specific to a secondary proposed massing of the new construction 20'-1 W in height from the site's existing grade, with the remaining amount of the "height" being located at or below grade. The location of the lightwell further negates any negative impacts to the surrounding neighborhood and community by being an internalized design feature that is physically out of any view planes from any pedestrian corridors along both South Aspen Street and East Hyman Avenue. The following language is taken from the Aspen Land Use Code, Section 26.575.020 (B) and essentially "allows" the condition as proposed should the lightwell be 100 sq ft or smaller. EXCEPTIONS Areaways, Lightwells and Basement Stairwells: Any of these elements that is less than one hundred (100) square feet, entirely recessed behind the vertical plane established by the portion of the building fagade which is closest to the street, and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not be counted towards maximum permissible height. We are simply seeking the variance to create a more thoughtful and amenable subgrade area to the project in terms of natural daylight and outdoor amenity, and the larger lightwell facilitates this design strategy. The lightwell also reduces the impact to the proposed historic redevelopment by facilitating a greater percentage of the project's mass below grade, allowing us to "aggregate" for air and natural light in a central and primary area. It should be noted that we, on our initial HPC conceptual hearing of the project held on September 25th, 2013, did have unanimous support and recommendation from the voting members of the Aspen Historical Preservation Commission (6-0) to favor the massing and planning of the project as we are presenting before you, the members of the Aspen City Council. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. We believe our height variance request for the 201 East Hyman stair massing makes for a reasonable use of the subgrade amenity for the single family residence property by providing a daylighting amenity more comparable to spaces typically found above grade. The height variance request is to a proposed massing of the new construction 20'-1 34" in height from the site's existing grade, with the remaining amount of the "height" being located at or below grade. The location of the lightwell further negates any negative impacts to the surrounding neighborhood and community by only being detectable from within the 201 property itself. The central lightwell/ subgrade courtyard is an internalized design feature that is physically and visually kept out of grade level view planes from all pedestrian corridors along both South Aspen Street and East Hyman Avenue. The design feature will likely be undetectable from the adjoining alley area as well. We also would like to note the fact that if we are forced to reduce the sizing of the lightwell, the above grade height of the proposed stair tower (situated at 20'-1 14" per conceptual planning) will not change or be reduced, as we are just slightly over the minimum required head heights per IBC requisites for minimum allowable head height in a residential project. We are simply trying to make the design a better solution for the long term use of the property's subgrade spaces and potential natural light amenity. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; Regarding 201 East Hyman Avenue, we are unique from the perspective of the following: We are a zoned MU corner lot property located along South Aspen Street and East Hyman Avenue. The property contains both a one story historic mining cottage/Victorian in addition to a historical shed/outbuilding which we are proposing to maintain. We specifically have chosen to maintain the residence in its existing single family status as we felt it was the most appropriate way of re-utilizing the existing structures within the property in addition to maintaining the corner's open historical character in relation to the neighborhood and also to the site itself. By allowing the use of an atypical sized lightwell that is internalized completely to the center of the property, we are able to provide both amenable subgrade areas comparative to above grade spaces in terms of the quality of daylight and amenity while maintaining a sensitive above grade massing strategy for the greater benefit of the existing historical resources on site and 201's surrounding neighborhood and existing character. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Regarding 201 East Hyman Avenue, we are requesting the height variance to specifically address a very unique design scenario to the parcel. The lightwell sized larger than the 100 sq ft allowable area does indeed provide for more amenable subgrade daylight area to the design planning and strategy of the residence. It additionally encourages a greater use of the allowable FAR to be counted in a far less impactful way to the massing and planning strategy of the parcel in relation to the historic resources being maintained on the 8,000 sq ft parcel. Both the historic mining cottage/Victorian main residence and outbuilding/shed are proposed to be maintained. By approving the proposed lightwell as sized, we are reducing the visual impact to the lot by counting the subgrade areas at a far higher percentage than is typical of such residential projects consistent with a historical redevelopment. It is not unrealistic to assume we've reduced an additional 350 to 400 sq ft of above grade mass via this design strategy. Additionally, we want to again stress the fact that if we are forced to reduce the sizing of the lightwell, the above grade height of the proposed stair tower (situated at 20'-1 14" per conceptual planning) will not change or be reduced, as we are just slightly over the minimum required head heights per IBC requisites for minimum allowable head height in a residential project. Drawing documentation, imaging, and PowerPoint and computer rendering explanation will all be presented to further assist in demonstrating our final proposal during our scheduled hearing of Monday, November 18th. In closing, we would simply like to express our sincere gratitude in considering our request regarding 201 East Hyman Avenue. We look forward to presenting and discussing this concept with you further. Respectfully, 7/4 / /7 /1 =11, Derek Skalko Local Representative, 201 East Hyman Avenue Project Reference Images: 201 East Hyman Residence 1" 1 1@T 11, 1. 11]0 L : i . i '*' - . ,7.'%ra IF Proposed Project as Seen From East Hyman Avenue €42' #&31/lill'.3/'ll...4 1' ' $'7| ' 9,1 -liti,p.I=/9 Proposed Project as Seen From East Hyman Avenue and South Aspen Street Intersection 29 if 1., . %,r 1,1., 7- - ,/" , I f , F -rf- -{ 11 , If \ .. ..1 ..1 m.. -gL.42- -7- Proposed Project as Seen From East Hyman Avenue and South Aspen Street Intersection / "'I. 1- 1 r . r - ' m.147%1 4 6, 1 1 D , 2 - r.-7 3 - -- - 4 41 11 4 1 - .,I , / =. 1, * 0 2 Southwest Overhead Perspective Representing 201 EH Stairwell Massing and Lightwell Condition ',-1 'I' * . /*0 1 3,,A 1 -97/ 1 $ /2 -91*Ar f , ,-9 0/ d . '19- A e ''' I _12-9*&·a. tZ£ / ¥': I . 2 ha - % 1 ' /4 Tlt.. k i W 0 p, 1 1 11 1 1.11 1 11111.11 ill lili !11 11,i [Jur-'[O , 3- . . 6. Proposed Project as Seen From South Aspen Street Perspective la , 1-61 / '1 4 - r , --weiv'."ril="18:44%, -74:3 4 - * I ' *k,0 t , fe 4 - - /1 Proposed Overhead Plan View of 201 East Hyman Property I ' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 429.2758 DATE: 10.17.13 PROJECT: 201 E. Hyman Avenue REPRESENTATIVE: Derek Skalko LAND USE REQUEST: Height Variance DESCRIPTION: The property at 201 East Hyman is a designated landmark. The owner has made a Major Development application to HPC for a remodel of the existing single family house and outbuilding. The proposed project is over the allowable height limit relative to some large lightwells proposed at the center of the site. Because of their size, height will be calculated from the bottom of the lightwell rather than from natural grade. The applicant wishes to pursue a height variance. A height variance is under the purview of City Council, according to Municipal Code Section 26.200; Decision-Making Bodies. The application shall address the criteria listed in Municipal Code Section 26.314 Variances. A link to the Municipal Code is here: http://www.aspenpitkin.com/Departments/Clerk/Municipal-Code/ A link to the Land Use Application is here: http://www.aspenpitkin.corn/Portals/0/docs/Citv/Comdev/Apps%20and%20Fees/2013%20Iand%2 Ouse%20app%20form.pdf Review by: Staff for complete application and recommendation, Council for decision Public Hearing: Yes Planning Fees: $11950 for up to 6 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour. Referral Fees: None RECEIVED Total Deposit: $1,950 Total Number of Application Copies: 12 OCT 3 0 2013 CITY OF ASPEN To apply, submit the following information: COMMI INITY DEVELOPMENT 0 1. Total Deposit for review of application. m 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. = 3. Street address and legal description of the parcel on which development is proposed to occur. . 4. Disclosure of ownership, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • 5. Completed Land Use Application. • 6. Signed fee agreement. = 7. Pre-application Conference Summary. • 8. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 9. Existing and proposed elevation drawings and site plan that include proposed dimensional requirements 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. • 12.Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. ~ 13. Applications shall be provided in paper format (number of copies noted above) as well as the text and line drawings on a CD. 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. RECEIVED oCT 3 0 2013 CITY OF ASPEN COMMI INITY DEVELOPMENT COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and JASON GROSFELD, REPRESENTED Phone No.: 970.309.0695 Property BY GUERIN GLASS ARCHITECTS Owner ("1"): & DEREK SKALKO, OWNERS REP Email: DEREK @1 FRIDAY.COM Address of Billing Property: 201 EAST HYMAN AVENUE Address: PO BOX 7928 ASPEN, CO 81611 ASPEN, CO 81612 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. »9r'eEN c rlY 0 Select Dept 0 Select Dept a . fZ,+. I C 1 L $ flat fee for . $ flat fee for 0 Select Review VAR i,*Jam E 1-€1<E,ET-) $ fiat fee for Select Dept 0 $ 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 ind 4.9644*:12 for non-payment. I agree to pay the following initial deposit amounts for the specified hours offibff tifne. ' 1 'understand that payment of a deposit does not render an application complete or compliant with approval criteria. ®actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City t8 Ibit?180rse the City for the processing of my application at the hourly rates hereinafter stated. CITY OP ASPEN 1,950 6 .nA(,19'f,81 $ deposit for hours of Community Development Depa~*enE Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: 'A /1.11 f \ ty- ~ 44#RO- Chris Bendon JASON GROSFELD, OWNER Community Development Director Name: SIGNED BY DEREK SKALKO, OWNER REPRESENTATIVE Title: OWNER REPRESENTATIVE, 201 EAST HYMAN City Use: 1950 Fees Due: $ Received: $ 1:1111/:1/-\ 7()] 1 (fili nf A<11,·ti I 1 1{1 9 (I:iIi.lin Kt I i,)7(1) 9->0-i/)90 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 201 EH INVESTMENTS LLC RESIDENCE Location: 201 EAST HYMAN AVENUE . ASPEN . CO . 81611 (Indicate street address. lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) 2735-1247-3001 / LOTS A, B & WEST 2/3RDS OF LOT C , BLOCK 76 , ASPEN TOWNSITE APPI.ICANT: Name: 201 EH INVESTMENTS LLC: C/O JASON GROSFELD PO BOX 7928 . ASPEN . CO . 81612 Address: 970.309.0695 Phone #: REPRESENTATIVE: Name: SCOTT GLASS & DEREK SKALKO; LOCAL REPRESENTATION Address: PO BOX 7928 . ASPEN . CO . 81612 Phone #: 970.309.0695 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD El Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review E Lot Split ~ Small Lodge Conversion/ Expan sion Residential Design Variance U Lot Line Adjustment ~ Other: HEIGHT VARIANCE Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, ew?., >21 WED 8,000 SQ FT MU LOT WITH A HISTORIC SINGLE FAMILY 1880'S VICTORIAN RESID AhV1890'S HISTORIC SHED OCT 3 41 2013 CONSTRUCTION ON SITE / 1997 NON HISTORIC ADDITION TO MAIN RESIDENCE V tr' CITY OF AS PROPOSAL: (description of proposed buildings, uses, modifications, etc.) , u,#*r ' 108-0?Waft HPC MAJOR RE-DEVELOPMENT PROPOSED / NON-HISTORIC ADDITIONS PROPOSED TO BE REMOVED FROM EXISTING CONDITIONS NEW CONSTRUCTION PROPOSED PER PLANNING CONCEPT SUBMISSION / LOT REMAINS AS A SINGLE FAMILY RESIDENCE USE Have you attached the following? FEES DuE: $ 1950.00 ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ii Re sponse to Attachment #3, Dimensional Requirements Form jj Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. eevimp oOGS - 2-Ola 05LU R e-c YM 34 96 0 mu U COED ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 201 EAST HYMAN RESIDENCE Applicant: 201 EH INVESTMENTS LLC: C/O JASON GROSFELD Location: 201 EAST HYMAN AVENUE . ASPEN . CO . 81611 Zone District: MU ZONE DISTRICT Lot Size: 8,000 SQ FT Lot Area: 8,000 SQ FT (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, casements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: NA Proposed: NA Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 4 Proposed: 5 3.246 SQ FT EXISTING / 761 SQ FT PROPOSED Proposed % of demolition (Historic properties only): DEMOLITION = 23.4% DEMOLITION 40% THRESHOLD N/A DUE TO MU ZONING DIMENSIONS: 3,246 SQ FT 3,520 SQ FT 4,020 PER HPC Floor Area: Existing: 2,487 FAR Allow'able: + 500 BONUS Proposed: 4, 020 PROPOSED Principal bldg. height: Existing: 21' - 1/4 Allowable: 25 Proposed: 30-6 1/2" (23'-6" MI') Access. bldg. height: Existing: 13'- 6 Allowable: 25' Proposed: 13' - 6" (NO CHANGE) On-Site parking: Existing: 1 Required: 2 Proposed: 2 % Site coverage: Existing: NA NA Proposed: NA Required: NA NA NA % Open Space: Existing: Required: Proposed: HALLAM Front Setback: Existing: 5' - 7" 10' 5' - 7" (HISTORICAL) Required: Proposed: Rear Setback: Existing: 2' OVER Required: 5 Proposed: 5' GARAGE / 0' SHED r i i, NORTH Combined F/R: Existing: °-7 Required: 101 Proposed: 5' - 7" HIS PORCH 0, I EAST Side Setback: Existing: £ -6 Required: 5 Proposed:.~USE \NEST Side Setback. Existing: 4-11 Required: 5, Pr~~~:' ' 4 .- Combined Sides: Existing: NA Required: NA Propos~i q AN/013 Distance Between Exnling 12'- 7" Required: 10' Pi-oposed:._ digg<d Buildings (D/\Y U COMMUNITY~b?MENT Existing non-conformities or encroachments: HISTORIC PORCH 5'-7" FROM FRONT (HALLAM) PROPERTY LINE / EAST BAY WINDOW (ASPEN ST) 2'-6" INTO SIDE YARD SETBACK / SHED 2' OVER ALLEY PROPERTY LINE Variations requested: ONLY VARIANCE REQUESTED PER CITY COUNCIL IS THE HEIGHT VARIANCE FOR THE PROPOSED SECONDARY MASS TO THE STAIRWELL AREA (20'-2" FROM GRADE/ 30'-10" FROM BASE OF LIGHTWELL) ATTACHMENT z - Historic Preservation Land Use Application - 0 8Nt- - TH¥*)5-\ 6,Kcairl.AL:) PROJECT: Name: 201 EH INVESTMENTS LLC RESIDENCE Location: 201 EAST HYMAN AVENUE . ASPEN. CO. 81611 LOTS A, B AND THE WEST 2/3'RDS OF LOT C, BLOCK 76, CITY AND TOWNSITE OF ASPEN (Indicate street address. lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) 2735-1247-3001 APPI.ICANT: Name: 201 EH INVESTMENTS LLC : C/O JASON GROSFELD PO BOX 7928, ASPEN, CO 81612 Address: 970.309.0695 Fax#: E-mail: DEREK@1 FRIDAY.COM Phone #: REPRESENTATIVE: Name: DEREK SKALKO, OWNER'S REPRESENTATIVE Address: PO BOX 7928, ASPEN , CO 81612 970.309.0695 Fax#: DEREK@1 FRIDAY.COM Phone #: E-mail: TYPE OF APPI,ICATION: (please check all that apply): ~ Historic Designation ~ Relocation (temporary, on U Certificate of No Negative Effect U or off-site) U Certificate of Appropriateness El Demolition (total deniolition) -Minor Historic Development m Historic Landmark Lot Split -Major Historic Development -Conceptual Historic Development -Final Historic Development RECENED -Substantial Amendment his'riNG CONDITIONS: (description of existing buildings, uses. previous approvals. J~.~ 3 0 2013 beEN 8,000 SQ FT R-MU LOT WITH A HISTORIC SINGLE FAMILY VICTORIAN RESIDENCE & 1890'S GARAGE CON~9-1~UCT,ONreN SITE x'MMUN\-t ',.2.vi:...,, PROPOSAL: (description of proposed buildings, uses. modifications, etc.) HPC MAJOR RE-DEVELOPMENT OF THE PROPERTY / NON-HISTORIC ADDITIONS PROPOSED TO BE REMOVED FROM THE EXISTING CONDITIONS WITH NEW CONSTRUCTION PROPOSED AS INDICATED PER PLANNING CONCEPT. SHED PROPOSED TO BE RE-LOCATED FROM EISTING CONDITION PER PLANNING CONCEPT. LOT PROPOSED TO REMAIN AS A SINGLE FAMILY RESIDENCE USE. Aspen Historic Preservation Land Use Application Requirements. Updated: May 29.20()7 milm ~ General Information Please check the appropriate boxes below and submit thi.s page along with your application. Thi.s infurmation will help us review your plans and, ij necessary, coordinate with other agencies thal mar be involved. YES NO . 0 Does the work you are planning include exterior work: including additions. demolitions, new construction. remodeling, rehabilitation or restoration'? Does the work you arc planning include interior work: including remodeling. rehabilitation, or restoration? Do you plan other future changes or improvements that could be reviewed at this time? 3 1 In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit. are you seeking to meet the SCE'retail- of the Interior's Standards.fur Rehabilitation or restoration of a National Register of Historic Places property in order to quali fy for state or federal tax credits? ~ If yes. are you seeking federal rehabilitation Investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) If yes. are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use: Rehabilitation Loan Fund _ Conservation Easement Program I Dimensional Variances Increased Density L Historic Landmark Lot Split _ Waiver of Park Dedication Fees Conditional Uses Exemption from Growth Management Quota System Tax Credits lu.GENED OCT 3 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMEN1 Aspen I listoric Preservation Land Use Annlication Reauirements. l.ndated: Mav 29.2007 .=r:ri ATTACHMENT 3 - Dimensional Requirements Form (ltem #10 on the submittal requirement§ key. Not necessary for all projects.) 201 EAST HYMAN RESIDENCE Project: Applicant: 201 EH INVESTMENTS LLC : C/ 0 JASON GROSFELD project 201 EAST HYMAN AVENUE, ASPEN, COLORADO 81611 LOTS A, B, & WEST 2/3'RDS OF LOT C, BLOCK 76, CITY & TOWNSITE OF ASPEN Location: Zone MU ZONE DISTRICT District: Lot Size: 8,000 SQ FT Lot A rea: 8,000 SQ FT (For the purposes of calculating Floor Area. Lot Area may be reduced for areas within the high water mark, easements. and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) NA Proposed: NA Commercial net leasable: Existi,lg. Number of residential units: Exis/ing: 1 Proposed: 1 5 Number of bedrooms: Ew.vi,ig: 3 /4-opeNed.- 3,246 SQ FT ACTUAL EXISTING / 761 SQ FT ACTUAL (GARAGE & SHED) PROPOSED Proposed % of demolition: FOR DEMOLITION, THEREFORE = 23.4% DEMOLITION DIMENSIONS: (write 11/a where no requirement exists in the zone district) 3,246 SQ FT 3,520 SQ FT 4,020 SQ FT PER FAR Floor Area: E.risting; ACTUAL / /1//011'(/b/e. ALLOWABLE Proposed: CALCULATION (500 SQ FT 2,487 SQ FT PER PER FAR CALCUALTION --BONUS-BEING SOUGHT) Height FAR CALCULATION Principal Bldg.: Existing: 21' -1/4" Allowable: 25' /4-oposed,-30'-6-1/2" (23'-6" TO ROOF MP) 13'-6" 25' 13'-6" (NO MASSING Accessory Bldg.: Existing. All (nvable: Pr<,posed: --<R+MNG€S PROPOSED) On-Site parking: Existing: 1 Required: 2 Proposed: 2 % Site coverage: Evisting. NA Required: NA Proposed: NA 'M, Open Space: Existing.- NA Required: NA Proposed. NA 5'-7" 5'-7" / (4'5" OVER Front Setback: HALLAM Existing: (4'-5" OVER#equired: 10' Proposed: FOR HISTORICAL HOUSE) 5' 5' FOR MAIN GARAGE Rear Setback: Existing. SHED 2' Required: /47,posed; 0, (LOT LINE FOR SHED OVER PROPOSED) Combined Front/Rear: PROPERTY 5'-7" 10' 5'-7" FOR HISTORIC HOME NORTH Indicate N. S, E. W Existing. Required: Proposedr PORCH LOCATE 2' - 6" 5' 0' FOR SHED Side Setback: EAST E.risting: Required: Proposed: 1'-4" FOR HOUSE Side Setback: WEST ExMnng. Required: propoced: 4, NAr•NED 4-10" 5' 5 NA NA Combined Sides: EWsting: Required: · 4 12'-7" 10' > 104 01 3 0 2013 Distance between Existi,ig. Required: Proposed: buildings: cirl~,ANFLOPMENT 0 ASPEN Existing non-conformities or encroachments and note il- encroachment licenses have betnissued: HISTORIC PORCH 5'-7" FROM FRONT YARD (HALLAM) PROPERTY LINE & EAST SIDE (ASPEN ST) BAY WINDOW 2'-6" INTO SIDE YARD SETBACK / SHED-OUTBUILDING APPOX 2' OVER PROPERTY LINE TO THE REAR (SOUTH ALLEY) Variations requested (identify the exact variances needed): 5'-7" FRONT YARD SETBACK (HALLAM) REQUESTED TO ACCOMODATE HISTORIC HOUSE/ PORCH LOCATE/ 0' (PROPERTY LINE) VARIANCE REQUESTED ALONG SOUTH ALLEY SIDE TO ACCOMODATE SHED STRUCTURE / 0' (PROPERTY LINE) VARIANCE REQUESTED ON EAST (ASPEN ST) SIDEYARD FOR SHED RE-LOCATE/ HISTORIC BAY WINDOW & LIGHTWELL LOCATED 1-4" FROM EAST SIDE YARD PROPERTY LINE Aspen Historic t'rosen'ation Lanil Use Application Requirements. Updated: May 29,2007 ·201 EAST HYMAN A\ IUE VICINITY MAP ,. . -_ALG*4-111,~ f 211 1 A--2 448 205. \ 7/// =6 .1 4 - - --'·22>· 1 J.j\ l ',i/-n f ' 315 ;555 2/14 . f~.I i / 1--1.1.-.- 107 105 21 1 , R.6 1 - 1/ f / 7 / /~· . U,291. ~ 206. 214 j l' . j 105, 1. 20' -C:b46<.1 - f 113. 121, 4 220.---2 22* l ' . 1/- --94 1 -1.9 0-1 /fl Ja .129. da: 304 '7 A- A-- r . 124:r..1 il,i; L 308 316, - 1 lot.C ..2307 / , 840+- 45 -J~ -. 14 '9*f : 4% K}NS Ii- i;j}i MU / 301. 1 :123,21 /2 ....f-_.'11 8--Rif,%2~ '14(Ey 317.- 119 117 * - ri P XN-4 j /* .4 2 216 205 I / 315'319, 325' 210, / 207. . 1 ; 1 fas. I.to¢@ 1 60, ~~ ~~~'~227 i'-/ ,£6. l 7 ;~ 123401 '140. -,7 . 120, ~ - 22 d~~ # 1 L A 4 1200 4'r#* Molher Loce 4 104.. 7 ~~ 4 -' 312 314,#' j t. J ./2 77..h 1 w-go-0-Fix - 32 100, 118 j , 74 0 11f;tillil~ % r-- 201. X61367. i. '04« /9//\ 1 . 1 / i '81- .t¢ r Gul I 1 ---- f 210, *liz 'li ALLEY ./IP 101 7 . 6 900/92,'VE lill 'u,J I ~r R-15 - -4 * -- 1-7..f:-.·. 'll//ill//iliv~triill« 1'... ////4 1192.1,1 U.:11&66114/, 411, 4.49 724'.«/>/1/ ' ' ./. . . I»FI5 19* ..... ~RAINTTRANS ~f~j // ////////////lhP 2200 .'011,/ 1, 208.21&/* 4411'~/~ * ' TRANOA- GNOG L N i 1111 '%: .3*'. 131 4*24 , 'lli'nlillk 205, /1*,spK 6 / 9.,111 4 pan Slia,1 /1 ...: E DURANT p,VT C Mar! H,2048 l.,34,» ll.. , //le/L / /' STREET ADDRESS: 201 EAST HYMAN AVENUE ASPEN, CO 81611 LEGAL DESCRIPTION: 24€CPNED OCT 3 0 2013 PARCEL ID: 2735 - 1247 - 3001 LOTS A, B, & WEST 2/3RD's OF LOT C -,= Ase EN ~ 0,(TY u,DEVELOP"EX BLOCK 76, CITY & TOWNSITE OF ASPEN 00+00~' 201 EH INVESTMENTS . LLC 2(11 1·~,1.1 11\!31(lli \\Cllile 7 <I,ell ('() Xii,11 August 20th, 2013 To Whom It May Concern This letter isto verify that, I, Jason Grosfeld, am the Manager of 201 EH Investments, LLC, and Owner of 201 East Hyman Avenue, Aspen, Colorado 81611. Please be informed that Derek Skalko, Local Representative, of 1 Friday Design and Scott Glass, Architect, of Guerin Glass Architects have been granted complete authorization to make any and all necessary submissions, correspondences, and representations to the City of Aspen pertaining to the re-development of 201 East Hyman Avenue, Aspen, Colorado, 81611 on behalf of myself and or 201 EH Investments, LLC. Regards, (~asTGrosfeld, Manager & Owner Rew OCT 3 0 2013 Cc: Derek Skalko n, ASPEN CITY ~i'DEVELOPMENT c,gAMB'& k. I Date: October 11, 2012 201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY 10880 WILSHIRE BLVD, STE 2222 LOS ANGELES, CA 90024 Subject: Attached Title Policy Q62004797 for 201 E HYMAN AVE ASPEN CO 81611 Enclosed please find the Owner' s Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department directly at 970-925-1678. As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company RECRNED OCT 3 0 2013 *60*0 GITY *** 9t OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST 8E 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, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company'l insures, as of Date of Policy and, to the extent slated 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 delect in or lien or encumbrance on the title; This covered Risk includes hut is not limited to insurance against loss from (a) A defect in the Title caused by (i) forge,y, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii} failure of any person or Entity to have authorized a transfer or conveyance; @i) a document alfecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized. or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; {v) a document executed under a falsilied, expired. or othemise 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 01 real estate taxes or assessments imposed on the Title 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 01 existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 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 (d) environmental protection il 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 01 the violation or enforcement referred to in that notice. 6. An en forcement 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 paft 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 o f 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 purchasef for value without Knowledge. 9. Title being vested other than as stated in Schedule Aor 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 of any part of the title to or any interest in the Land occuning prior to the transaction vesting Title as shown in Schedule A because that prior transter constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b} because the instrument of transfervesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or sinitar creditors' rights laws by reason of the failure of its recording in the Public Records (i} to be timely, or {ii} to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien of encumbrance on the Title of 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 ol Policy and prior to the recording of the dead 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. 1 Old Republic National Title Insurance Company A Stock Company Issued through the Office of: 9,>' 9%13 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371·1111 LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 PP' 'Nks' 50 3% .00.4 ASPEN, CO 81611 /-23,«Zedty 970-925-1678 Cst , I K.'*~1· Tin*~.0. * * * * 15% Mark Bilbrey AMERICAN At~rized Signlture ; % * 1.# *¥ ¢g,f LAND TITLE 830(:ATION Rande Yeager -:~ Secretary Copyright 2006-2012 American land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AO.ORT,06 (ALTA 06-17·08) Cover Page 1 01 5 * **** EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. Ca) Any law, ordinance, permit, or governmental regulatjon (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i} the occupancy, use. or enjoyment 01 the land; Oi} the character, dimensions, or location of any improvement erected on the Land; (iii} the subdivision of land; or liv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a] does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b} does not modify or limil the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; {b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; Id) attaching or created subsequent to Date of Policy {however, this does not modily or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained it the Insured Claimant had paid value for the Title. 4. Any claim by reason of the operation o f federal bankruptcy, state jnsolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or {b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records thal vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OFTERMS The following tefms when used in this policy mean: {a) "Amount of Insurance-: The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) 0, decreased by Sections 10 and 11 of these Conditions. {b) "Date of Policy": The date designated as '[Date of Policy" in Schedule A. fc) »Entity": A corporation. partnership, trust, lirNted liability company, or other similar legal entity. (d} "Insured": The Insured named in Schedule A. (i}The tenn "Insured" also includes (A} successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs. devisees, sunvivors. personal representatives, or next of kin: (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without poyment of actual valuable consideration conveying the Title 11) if the stock, shares, memberships, or other equity interests of the grantee are wholly·owned by the named Insured. (2) if the grantee wholly owns the named Insured. (3} if the grantee is wholly·owned by an afliliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person of Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. Iii) With regard to (A), (B), (C), and {D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. [el "Insured Claimant": An insured claiming loss or damage. (f) "Knowledge' or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart contructive notice of matters affecting the Title. (g) "Land": The land descobed in Schedule A, and a f fixed improvements that by law constitute real property. The term "Land- does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys. lanes. ways, or waterways, but this does not modify or limit the extent that a right of access to and from the land is insured by this policy. Ch) "Mortgage": Mortgage, deed of trust. trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose ol imparting constructive notice of matters relating to real properly to purchasers for value and without Knowledge. With respect to Covered Risk 5(d}, "Public Records shall also include environmental protection liens tiled in the records of the clerk of the United States District Court for the distlict where the Land is located. (j) "Title": The estate or interest described io Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would pe,mit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, of lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE "en The coverage 01 this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in tile Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shaU have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either {i) an esta~~terest in the land, or Iii) an obligation secured by a purchase money Mortgage given to the Insured. 00 3 v r. AS?84 1 ~*Woes°00 AO.ORT.06.2 Cover Page 2 of 5 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set loith in Section 5(al of these Conditions, (ii} in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue olthis policy, or Wi) if the Title, as insured, is rejected as Unmarketable Title. Il the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition 01 payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that consitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount 01 the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third pafty asserts a claim covered by this policy adverse to the Insured. This obligation is Nmited to only thos0 stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be Hable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. {b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions. at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy. whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision o f this policy. 11 the Company exercises its rights under this subsection. it must to so diligently. (c! Whenever the Company brings an action or asserts a detense as required or permitted by this policy, the Company may pursue the litigation to a linal determination by a court of competent iurisdiction, and it expressly reserves theright, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a} In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and eny appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i} in securing evidence. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and {ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. It the Company is prejudiced by the failure of the Insured to furnish the required cooperation. the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter of matters requi,ing such cooperation. (b) The Company may reasonably require the Insuied Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative 01 the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e·mails, disks, tapes, and videos whether bearing a date before or alter Date of Policy, that reasonably pertain to the loss or damage. Furthel, i f requested by any authorized representative 01 the Company, the Insured Claimant shall grant its permission, in writing, for any autholized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration 01 the daim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the Amount of Insurance under this policy together with any costs. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. {b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or o thenvise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' lees, and expensed incurred by the Insured Claimant that were authorized by tile Company up to the time 01 payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (WO} or Iii), the Company's obRgations to the Insured under this policy for the claimed loss or damage. other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is 8 contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a} The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of .914'eNED (i} the Amount of Insurance; or {ii] the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. 11~1~ . 1 OCT 3 0 2013 AO.ORT.06.3 Cover Page 3 015 CITY OF ASPEN CouuutirrY DENELOPMENJ =31 ~ fbi If the Company pursues ils rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, {i} the Amount ot Insurance shall be increased by 10%, and (iD the Insured Claimant shall have the right lo have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c] In addition to the extent 01 liability under (a) and {bl, the Company will also pay those costs. attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY lai If the Company establishes the Title, or removes the alleged delect, lien, or encumbrance, or cures the lack of a right ol access to or from the Land. or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion o f any appeals, it shall have fuUy performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior wfitten consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy. except payments Blade for costs, attorneys' fees, and expenses, shall reduce the Amount 01 Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be madie within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and 8ll other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss. costs, attorneys' fees, and expenses paid by the Company. If requested by the Company. the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. I f a payment on account 01 a claim does not fully cover the loss of lhe Insured Claimant. the Company shall defer the exercise o f its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the lights of the Insured to indemnities, guaranties, other policys of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American land Title Association {"Rulesl. Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator{s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a} This policy together with all endorsements, if any, attached to it by the Cornpany is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b} Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. {cl Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of iti terms and provisions. Except as the endorsement expressly States, it does not 9} modify any of the terms and provisions 01 the policy, Oi) modify any p,io, endorsement, lili) extend the Date of Policy, or liv} increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenlorceabe under applicable law. the policy shaH be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. RECEIVED OCT 3 0 2013 AO.ORT.06.4 Cover Page 4 of 5 CITY OF ASPEN COMMUNITY DEVELOPMENT 17. CHOICE OF LAW: FORUM (a) Choice of Law; The Insured acknowledges the Company has unde,written the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real propetty and applicable to the interpretation, fights, remedies, or enforcement of policies of title insurance of the jurisdicton where the Land is located. Therefore, the Court or an arbitrator shall apply the law of the jurisdiction where the Land is located lo determine the validity of claims against the Title that a,e adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conllicts 01 law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given lo the Company under this policy niusl be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (6121371·1111. ANTI-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 policyholder 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 anti-fraud statement is affixed and made a part of this policy. * Ir· * OCT 3 0 2013 A ixs?,~4\ Glix O'DEVELy, Couu\%\TC AO.ORT.06.5 Cover Page 5 01 5 =,2/ke · F-LTG Policy No. LTFI62004797 Form AO/ORT Our Order No. Q62004797 Schedule A Amount $4,800,000.00 Property Address: 201 E HYMAN AVE ASPEN CO 81611 1. Policy Date: October 01, 2012 at 3:12 P.M. 2. Name of Insured: 201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: 201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. Theland referred to in this policy is described as follows: LOTS A AND B, AND THE WEST 20 FEET OF LOT C, BLOCK 79, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. *fe evy. 1,4 OCT 3 0 2013 0\\1;f€AO Y '14·' 50*10 This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company 4 . FLTG Policy No. LTFI62004797 . Form AO/ORT Our Order No. Q62004797 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land of that may asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5 (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. 6. 2012 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 243, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 8. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED AUGUST 18, 1987 IN BOOK 543 AT PAGE 994. 9. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY DATED SEPTEMBER 04, 2012 PREPARED BY PEAK SURVEYING, JOB# 12052: NOTE: FENCELINES DO NOT CORRESPOND WITH PROPERTY BOUNDARY +V*Ble 18¢t,¢I.-1 0 1013 NOTE: GARAGE/CARRIAGE HOUSE EXTENDS OUTSIDE OF PROPERTY BOUNDARY„CT 3 .5924 lix kf.02 ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.i\10 ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF LTG Policy No. LTFI62004797 · Form AO/ORT Our Order No. Q62004797 Schedule B HARTMAN FAMILY PARTNERSHIP LTD., AN INDIANA LIMITED PARTNERSHIP. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY. 0905 OCT 3 0 2013 6, EN c.\iN Or n 1(j?2!In' DEVELOPMEN1