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Home My WebLink AboutApplicationexhibit D Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: Property Owner Name: 234 West Francis Street 234 West Francis LLC Billing Name and Address - Send Bills to: _ Steve Ells 40 Sth Avenue, New York, NY Please type or print in all caps Representative Name (if different from Property Contact info for billing: e-mail: sara@selldorf.com Phone: _212-219-9571 BendonAdams I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. S. 650 flat fee for Housing/ APCHA $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. 1�7-\ City of Aspen: Jessica Garrow, AICP Community Development Director Signature: PRINT Name: Steve EllsJUL 201 City Use: Fees Due: $ Received $ Title: 234 West Francis LLC City of ASPP-0 Case r Cf�£'C:$ #i �)e460 t�f�t�ni�y November • 0 090 exhibit E LAND USE APPLICATION Project Name and Address: 234 West Francis Street Parcel ID #(REQUIRED) 2735-124-17-003 APPLICANT: Name: Address: 234 West Francis LLC 234 West Francis Street, Aspen CO Phone #: 970-925-2855 Name: BendonAdams, Sara Adams email: sara@bendonadams.com .300 S. Spring St., #202 Aspen CO 81611 Phone#: 970-925-2855 email: sara@bendonadams.com Description: Existing and Proposed Conditions Remove existing deed restriction from accessory dwelling unit. Review: Administrative Required Land use Review(s): Administrative amendment of an ADU or Carriage House Development Order - 26.520.090.0 Removing an ADU/Carriage House Growth Management Quota System (GMQS) required fields: n/a Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units_ Essential Public Facility square footage Have you included the following? FEES DUE: $ 1,625 ® Pre -Application Conference Summary l� Signed Fee Agreement ® HOA Compliance form iX� All items listed in checklist on PreAppiication Conference Summary November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: 234 West Francis LLC Owner ("I" ): Email: Phone No.: sara@selldorf.com Address Propertyy:: 234 West Francis Street, Aspen CO 81611 (subject of application) I certify as follows: (pick one) X This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. understand that this document is a public document. V Owner signature: "y date: 6/24/2019 T\� Owner printed name: Steve Ells`r� t, f` or, LN 2t9 Attorney signature: date: Attorney printed name: W r'v �? �,rIttCt `� -1— November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 exhibit G June 21, 2019 Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 234 West Francis Street, Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 234 West Francis Street and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property — 234 West Francis Street, Aspen, CO 81611 Legal Description — Block 48, Lots K, L, M, city and townsite of Aspen, Colorado Parcel ID — 2735-124-17-003 Owner-234 West Francis LLC w7jv-�� 234 West Francis LLC Steve Ells 40 51h Avenue New York, NY 10174 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2865 1 BENDONADAMS.COM exhibit H Real partners. Real possibilities.' Date: June 20, 2019 File Number: 461120 Property Address: 234 W Francis Street, Aspen, CO 81611 Buyer/Borrower: To Be Determined Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com To Be Determined Delivery Method: Emailed 234 West Francis LLC, a Delaware limited liability company Delivery Method: Emailed Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Please direct all Closing inquiries to: Julie Morrah Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: julie.morrah@stewart.com Coldwell Banker Mason Morse Real Estate Attn: Chris Souki 514 E Hyman Ave Phone: (970) 925-7000 Aspen, CO 81611 Fax: E-Mail: c.souki@gmail.com Delivery Method: Emailed Coldwell Banker Mason Morse Real Estate Attn: Allison Goldberg 514 E Hyman Ave Phone: Aspen, CO 81611 Fax: E-Mail: agoldberg@masonmorse.com Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. �a� ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. AuthorzedCountersig" nature4 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Matt Morris President and CEO 3 1906 v �iP hXPs F� Denise Cf rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part It - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. v,No TITLE ASSOCIAM. File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 Ift Page 1 of 3 COMMITMENT CONDITIONS DEFINITIONS (a) "Knowledge' or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed 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, avenues, 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 to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records': Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I -Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy,' the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements; and Schedule 8, Part It - Exceptions, and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE AASOGUSION File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 " (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (a) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.orci/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule 8, Part It - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TTT[y As50C1AlON File No.: 461120 ALTA Commitment For Title Insurance 0-1-16 It Page 3 of 3 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Issuing Office: Issuing Office's ALTA® Registry ID: Loan ID Number: Commitment Number: Issuing Office File Number: Property Address: Revision Number: Stewart Title Company 620 E Hopkins Ave, Aspen, CO 81611 461120 461120 234 W Francis Street, Aspen, CO 81611 1. Commitment Date: June 7, 2019 at 8:OOAM 2. Policy to be issued: Proposed Policy Amount (a) ALTA Owner's Standard Proposed Insured: To Be Determined (b) ALTA Loan Standard Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: 234 West Francis LLC, a Delaware limited liability company 5. The Land is described as follows: See Exhibit "A" Attached Hereto This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule S, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. AME- The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing LAND TIT4E as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. es --- File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) M Page 1 of 6 ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 461120 Lots K, L and M, Block 48, CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part lI - Exceptions; ends countersignature by the Company orits issuing agent that maybe in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE File No.: 461120 Assocuxwa ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 6 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 461120 Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 6. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 8. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 9. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 10. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 11. Relating to 234 West Francis LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization," the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30- This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part It - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE ASSOlUi1UN File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 6 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY 172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 12. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 13. NOTE: The vesting deed is shown as follows: Warranty Deed recorded May 22, 2019, as Reception No. 656074. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. This page is only a part of a 2016 ALTAO Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B. Part It - Exceptions; and a countersignature by the Company orits Issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. '-AND T'TLE A550CIATION File No.: 461120 _ ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 6 - ry ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 461120 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. 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 and not shown by the public records. 5. 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. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area 10. Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded November 10, 1887 in Book 59 at Page 85 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. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements,, and Schedule 8, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereol) is restricted to ALTA licensees and ALTA members in good standing AMsarcAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TrT4r File No.: 461120 nsso[uxmn ALTA Commitment For Title Insurance 8-1-16 (4-2-18) lt Page 5 of 6 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 11. Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded December 5, 1887 in Book 59 at Page 122 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. 12. Accessory Dwelling Unit Deed Restriction recorded July 7, 1993 in Book 717 at Page 197 as Reception No. 358580 and re -recorded October 20, 1993 in Book 727 at Page 572 as Reception No. 362262. 13. Curb and Gutter Improvement Agreement recorded May 12, 1994 in Book 750 at Page 360 as Reception No. 369976 and recorded September 13, 1999 as Reception No. 435425. 14. Resolution No. 27, Series of 1999 recorded June 21, 1999 as Reception No. 432431. 15. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated 4/9/2019 by Tuttle Surveying Services, Job No. 19056: Portion of Brick Walks, Concrete Pad and Chimney located outside of property boundary. Encroachment of fences along the Western and Northern boundary into right of way for N 2nd Street and Alley and encroachment of Fence into adjacent Lot along Eastern boundary 16. Lease -back Lease between 234 West Francis LLC, a Delaware limited liability company, as Lessor and Francis and Second Street LLC, as Lessee. NOTE: Exceptions 2 and 5 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 5 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 3 and 4 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 1 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part ll - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SAND T"M ocunoN File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 6 - ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 461120 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: TBD Rate 2006 Owner's Policy: Owner's Extended Coverage: Tax Certificate: $0.00 $65.00 $25.00 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements; and Schedule a Part 11- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. T LAND N ANLI TITLE Copyright 2006-2016 American Land Title Association. All rights reserved. 66ucuiloN The use of this Form (or any derivative thereof) 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. M File No.: 461120 ALTA Commitment For Title Insurance 8-1-16 DISCLOSURES File No.: 461120 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAYBE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THEABOVE CONDITIONS ARE FULLY SATISFIED. Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and No managing customer accounts, such as processing transactions, Yes mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial Yes No companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about No We don't share your creditworthiness. For our affiliates to market to you — For your convenience, Stewart Yes Yes, send your first and last name, the email has developed a means for you to opt out from its affiliates marketing address used in your transaction, your Stewart file even though such mechanism is not legally required. number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not No We don't share related by common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARINr; PRACTICFS How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use personal information? security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance -related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal Information in those instances. Contact us: It you have any questions about this privacy notice, please contact us at., Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 461120 Revised 11-19-2013 PUBLIC HEARING: No PLANNING FEES: $975 Deposit for 3 hours of staff time (additional hours will be billed at $325/hr.) REFERRAL FEES: $65o Aspen/Pitkin County Housing Authority, flat fee TOTAL DEPOSIT: $1,625.00 APPLICATION CHECKLIST - These items should first be submitted in a paper copy to Community Development on the 3rd Floor of City Hall. ❑ Completed Land Use Application and signed Fee Agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached to Application) ❑ 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 and relevant land use approvals associated with the property. ❑ A copy of the existing deed restriction related to the ADU ❑ Written Responses to all review criteria in 26.520.090.0 ❑ An 8 1/2" by ii" vicinity map locating the parcel within the City of Aspen. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. July 1, 2019 Community Development Department ID % 130 South Galena Street Aspen, CO 81611 t�j .4 rF!i2r43jo Re: Removal of Voluntary Accessory Dwelling Unit at 234 West Francis Street Dear ComDev, come yOfA,p,,n Unit �g The property is 9,000 square feet (sf) in size, and is both a designated historic local la dmaPment (Ordinance 7-1982) and a designated property on the National Register of Historic Places. There are two contributing structures on the property — the main two-story landmark constructed in 1888 and a one-story carriage house. This property is referred to as the Judge Davis Waite House. David Hanson Waite was a local lawyer, publisher of the Aspen Times and was the Populist Party governor of Colorado from 1893- 1895. Waite lived at 234 West Francis before and after his term as governor until his death in 1900. Other notable residents include Herbert and Joella Bayer (1948 to 1953) and Robert 0. Anderson, chairman of the Aspen Institute for Humanistic Studies (1953 - late 1980s). The large two-story landmark is indicative of Aspen's Queen Anne vernacular architecture typically found in the West End neighborhood and along Main Street. The simple one-story carriage house, which was originally on its own lot, creates a sense of place and historic context for the primary two-story building. Figure h Tw stwy (aadmamk (left) and hieto it eaniage house/ADU (,igbt). The carriage house was deed restricted as an accessory dwelling unit (ADU) in 1993 via Planning and Zoning Commission Resolution 22-1993. In 1993 the property was operating as a duplex; approval of the ADU resulted in 3 units on the property. Many properties from this time period were required to construct an ADU or provide an impact fee payment to meet to affordable housing requirements; however, historic landmark properties were exempted from this affordable housing requirement. 234 W. Francis was already a designated landmark in 1993 (the property was designated to the local Aspen Inventory in 1982 and to the National Register in 1987) and as such was exempt from affordable housing requirements. A voluntary ADU was allowed on 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.926.2865 1 BENDONADAMS.COM landmark property and was reviewed as a conditional use by the Planning and Zoning Commission (Exhibit A). Based on a review of the City's land use application archives and the fact that landmark properties were exempt from affordable housing requirements in 1993, it does not appear that the ADU was a required mitigation unit. As such, this ADU is a "voluntary" unit. The staff memo included in Exhibit A, page 3, includes reference to the applicant's request for the voluntary construction of an accessory dwelling unit within an existing outbuilding currently used for storage." We assume the ADU wasa method to create an additional rental unit (with a kitchen) on the property. A floor area bonus of 347 sf was awarded to the main house in connection with the voluntary deed restriction of the ADU; however, the bonus was never applied. 1Friday Design reports that the property currently contains 3,555 sf of floor area, measured to City standards. This is roughly 100 sf less than the 3,660 sf allowed for a single-family home and significantly less than the 4,080 sf allowed for a duplex. Although the bonus was granted it was not used; furthermore, vacating the ADU, which requires bringing the property into compliance with floor area allowances, will not trigger a need to remove floor area from the property. 26.520.090.0 Removing an ADU/Carriage House. For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series of 2015 or for an ADU or Carriage House developed prior to this date which the applicant can demonstrate was not developed for affordable housing mitigation purposes or to meet requirements of a Development Order. (In other words, the unit must have been a "voluntary" unit). Removing a voluntary unit may be approved by the Community Development Director if all of the following criteria are met. 1. The physical changes necessary to remove or decommission the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Removal or decommissioning of a voluntary unit shall not require additional affordable housing mitigation. Response —An application to remodel the property is expected to be submitted for review by the Aspen Historic Preservation Commission. After full entitlements and a building permit are granted the kitchen will be removed from the ADU and it will be formally decommissioned. Thank you for reviewing this application. Please reach out if you need additional information to complete your review. Sincerely, Sara Adams, AICP Page 2 of 3 Exhibits A — Land use file B—ADU deed restrictions C — Pre application summary D — Agreement to Pay E — Land Use application F — HOA form G—Authorization to represent H — Proof of ownership I — Vicinity Map Page 3 of 3 /I exhibit A CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 04�.21/93 PARCEL ID AND CASE NO. DATE COMPLETE: �t� 2735-124-17-003 A25-93 STAFF MEMBER: KJ PROJECT NAME: Vidor Conditional Use Review for an Accessory Dwelling Unit Project Address: 234 W. Francis Legal Address: Lots K,L & M, Block 48, City of Aspen APPLICANT: Ouentin Vidor 920-7768 Applicant Address: 925 Gibson Ave.. Aspen, CO REPRESENTATIVE: John Schenck, Charles Cunniffe Architects Representative Address/Phone: 520 E. Hyman Aspen, CO 81611 925-5590 FEES: PLANNING $ # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $ 0 TYPE OF APPLICATION: STAFF APPROVAL:— 1 STEP: 2 STEP: P&Z Meeting Date 5 D PUBLIC HEARING: NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO )RER eeting Date RALS: jCity Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning .y Energy Center Other /- DATE REFERRED:- ` INITIALS: �_ DUE: W FINAL ROUTING: - DATE ROUTED: 2L 3 INITIAL:jd+ -- {" rT INITIAL--___ City Atty _ City Engineer —Zoning —Env. Health Housing — Open Space _ Other: FILE STATUS AND LOCATION: A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR A DETACHED ACCESSORY DWELLING UNIT ABOVE IN AN EXISTING OUTBUILDING AT 234 W. FRANCIS (LOTS K,L AND M, BLOCK 48, TOWNSITE OF ASPEN) IN THE NAME OF QUENTIN VIDOR Resolution. No. 93- WHEREAS, pursuant to Section 5-510 of the .Aspen Land Use Regulations Ordinance 60 (Series 1990) detached accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section and Ordinance; and WHEREAS, the Planning Office received an application from Quentin Vidor for a Conditional Use review for a 694 s.f. studio accessory dwelling unit in the existing storage outbuilding at his residence; and WHEREAS, the design of the proposed accessory dwelling renovation was approved by the Historic Preservation Committee on May 12, 1993 including a variation to the sideyard setback; and WHEREAS, the Housing Office and the Planning Office reviewed the Conditional Use proposal and recommended approval with conditions; and WHEREAS, during a public hearing at a regular meeting on May 18, 1993 the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use review for the Vidor accessory dwelling unit with the conditions recommended by the Planning Office. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Vidor Conditional Use for a 694 s.f. net livable detached above -grade accessory dwelling unit is approved with the following conditions: The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. The applicant shall submit a site plan showing a pathway from the parking space to the entry of the unit. KEMORANDOM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner BE: Vidor Conditional Use for a Detached Accessory Dwelling Unit - Public Hearing DATE: May 18, 1993 SUMMARY: The Planning Office recommends approval of the Vidor Conditional Use for a 694 s.f. accessory dwelling unit to be created within an existing carriage house with conditions. APPLICANT: Quentin Vidor, represented by John Schenck LOCATION: 234 W. Francis (Lots K,L,and M, Block 48) ZONING: R-6 APPLICANTS REQUEST: The applicant requests Conditional Use`' for an existing outbuilding currently used for storage. The 9,000 s.f. site is also occupied by a duplex which is an historic landmark. The one bedroom (loft style) accessory dwelling unit will be approximately 694 s.f. Because the ADU is 100% above grade the applicant is eligible for an FAR bonus for the property. The applicant has submitted floor plan, elevation, and site drawings for the proposed ADD. see Exhibit "A". PROCESS: The Planning Commission shall make a determination on the Conditional Use for the accessory dwelling unit. The HPC reviews design compatibility. REFERRAL COMMENTS: Housing: The proposed unit must meet the requirements of Section 24-5-510 of the Aspen Municipal Code. It shall be between 300 and 700 square feet of net livable area, deed restricted to resident occupancy, and have minimum lease periods of 6 months. The deed restriction shall be approved by the Housing Office, recorded with the County Clerk, and proof of recordation forwarded to the Housing Office prior to issuance of any building permits for the site. Historic Preservation committee (HPC) - On May 12, 1993 the HPC approved the remodel of the outbuilding, including a sideyard setback variation of 81 for the bathroom addition. STAFF COMMENTS: The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: This proposed unit will allow the property to house local employees in a residential area, which complies with the zoning and Aspen Area comprehensive Plan. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The re -use of the carriage house as an accessory dwelling is compatible with the principal dwellings and other residential uses in the surrounding neighborhood. The proposal includes one new parking space where currently there is none. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The applicant is proposing a new parking space on site for the ADU. Staff supports this whole-heartedly. No spaces are currently provided for the existing duplex. A parking space is not required by code for a one bedroom accessory unit. No other significant impacts are anticipated. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: All public facilities are all ready in place for the existing home and neighborhood. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: The applicant must file appropriate deed restrictions for resident occupancy, including 6 month minimum leases. Proof of recordation must be forwarded to the Planning Office and Housing Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: This use complies with the Aspen Area Comprehensive Plan and any other applicable conditional use standards. Detached ADU Review Criteria: Specific to detached ADU's the following review criteria shall apply: 1. The proposed development is compatible and subordinate in character with the primary residence located on the parcel and with the development within the neighborhood. RESPONSE: The Victorian character of the primary residence (duplex) has been considered and approved conceptually by the HPC. Reuse of the carriage house is in character with the neighborhood and intent of the Cottage In -fill ordinance. 2. In the case where the proposed detached accessory dwelling unit is located on a Landmark designated parcel, only HPC may make dimensional variations pursuant to the standards of Section 5-508 B. RESPONSE: As discussed in the HPC referral section above, this project has received HPC approval for an 81 variation of the side vard setbacks for the bathroom addition. 3. The Planning and Zoning Commission or the HPC may exempt existing non -conforming structures, being converted to a detached accessory dwelling unit, from Section 5-508 B.2. (a- g) provided that the non -conformity is not increased. RESPONSE: This criteria does not apply as the HPC has approved the design and dimensional variations. Please Note: As this accessory dwelling unit is 100% above grade, the main structure is eligible for floor area bonus not to exceed one half of the floor area of the ADU as allowed by Ordinance 1. STAFF RECOMMENDATION: Planning recommends approval of the Vidor Conditional Use for a 694 s.f. detached accessory dwelling unit with the following conditions: 1. The owner shall submit the appropriate deed restriction to the Aspen/Pitkin County Housing Office for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with minimum 6 month leases. Upon approval by the Housing Office, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. .D Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and Historic Preservation Committee hall be adhered to and considered co ditions of �papprova3�ess 4, h e ofz C.;1 9: S lII Z i � IV RECO ENDED MOTION: "I move approve a Conditional Use for a Ottli s.f. detached accessory dwelling unit within the existing carriage house at the Vidor Residence at 234 W. Francis with the conditions recommended in the Planning Office memo dated 5/18/93." Exhibits: "A" - Proposed Site Plan, Floorplan, and Elevations ARCHITECTURE PLANNING INTERIORS :J s 2 Q ♦i �`b 64.. 'ify� . mo ..,ti4yg iLVW m "�Y Ad g � CiCGk ii T L ~ CATION Not every street or road B A '.' La yZ W NC. 3 named anmapsmapaor III m abeets11and reactsmybe h d . �� : Nn• r 6 a4eehandr�maV heh P �'k VVV g progresshcertain areax of DM II '� Aspen y' JmaPPr♦rWmH0 S6•rSP aaQ .. % rra•Gar � .. « � �T � f� q • B - pa VICINYTY ' MAP. : a L 0 1.206 City of Aspen Community Development CHARLES CUNNIFFE ARCHITECTS* 520 EAST HYMAN AVENUE • ASPEN. COLORADO 81611 • 303/925-5590 FAX 925-5076 I fVWjD ADIA W, ff-pt oc, 5 0 t N VIDDF ADU 0 f di I, 7. tom• t i' ! li � 1311 '• I � ��I. �� N rr i MEMORANDUM To: I{im Johnson, Planning Office From: Chuck Roth, City Engineer <2-f - Date: May 17, 1993 Re: Vidor Conditional Use Review for Accessory Dwelling Unit Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Parldn - The application plans shows the new parking space encroachinginto the alley along with the fence and does not show the dimensions of the space. The building permit site plan must indicate the dimensions of the new parking space. The minimum code requirement is 8 1/2 x 18' x 7 high for head -in spaces. The space(s) may not encroach (extend) into the alley. 2 Sidewalk - The project site is located in the West End of Aspen where sidewalks are not required but pedestrian usable sidewalk areas are required. The right-of-way space between the property line and the street currently is usable by pedestrians, and no development is indicated on the development plans which would preclude pedestrian use within that space. 3. Encroachments - As shown on the development plans, the fences along second street and in the alley encroach into the public rights -of -way. The applicant must obtain an encroachment license for the fences prior to issuance of a building permit. Applications are available fiom this department. The application fee is $320. At this time, there is no obvious reason why an encroachment license would be denied. Alternatively, the applicant could relocate the fence onto the applicant's private property. 4. Trash - The plan does not indicate a trash storage area. The trash area is currently located within the alley right-of-way. The building permit application plans must indicate a trash storage area on the applicant's property. 5. Site Drainaee - Storm runoff does not appear to be a problem at this site. 6. Development in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design . considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). Approval of building permit plans does not constitute approval of design or work in the public right-of-way. Recommended Conditions of A.. roval 1. The final development plans shall indicate location and dimensions of parking spaces and shall indicate a trash storage area ot1t.6fthe public right-of-way. I' le{ 2 An encroachment license must b - aiRes. for the fences prior to issuance of a building permit, or the fences must be indicated to be relocated onto private property on the final development plans. cc: Bob Gish, Public Works Director M93.1as Recommended Conditions of Approval 1. The building permit plan shall indicate the dimensions of parking space and shall indicate a trash storage area out of the public right-of-way. 2. An encroachment license must be obtained for the fences prior to issuance of a building permit, or the fences must be indicated to be relocated onto private property on the final development plans. A M93.136 N TO: Kim Johnson FROM: Cindy Christensen DATE: May 3, 1993 RE: VIDOR CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2735-124-17-0031234 West Francis After reviewing the above -referenced application, the Housing office approves the proposed attached accessory dwelling unit pursuant to Chapter 24, Section 5-510, of the City of Aspen Municipal Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months In duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing In the accessory dwelling unit. Per the applicant's calculations, the accessory dwelling unit is to be 694 square feet, contain a 9 foot by 9 foot bathroom, a kitchen, and have a private entrance, which meets the minimum Housing Office Guidelines. The floor area requirement is for net liveable square feet as defined by the Housing office below: Net l.iveabfe Square Footaoe Is calculated on interior living area and Is measured interior wall to interior wall, including all interior partitions Including, but not limited to, habitable basements and interior storage areas, closets and laundry area. Exclusions Include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. The net liveable square footage will have to be calculated for the deed restriction. Prior to building permit approval, a signed and recorded Deed Restriction must be completed. This process could take from three to four days. The Housing Office must have the recorded book and page number prior to building permit approval. \word\work\vidor.ref I. GENERAL APPLICATION REQUIREMENTS A. A letter of consent to representation is attached as Exhibit 'A'. B. The street address and legal description of the proposed project is: 234 W Francis Lots K,L,M, Block 48 Aspen, co 81611 C. Disclosure of ownership is attached as Exhibit 'B'. D. A vicinity map locating the subject parcel is attached as Exhibit 'C'. E. Description of Proposal 1. Main house a. The existing house consists of two units, An attached free market apartment, and the main house. The free market unit contains two bedrooms and the main house contains four. We propose, through interior remodelling, to remove three of the four bedrooms in the main house. This would be a total reduction from six bedrooms to three. 2. outbuilding a. Conversion of outbuilding to a deed restricted Accessory Dwelling Unit. The existing outbuilding is currently used for storage. We propose to add amenities to create livable space. b. A new bath approximately 9' x 9' will be added on the North side. C. The interior remodelling of the outbuilding will include the addition of a kitchen and a loft. 3. Site work a. The property as it exists has no on site parking. Though not required, we propose to add a parking space at the northeast corner of the site. F. Compliance with relevant review standards 1. Consistency with the purposes, goals, objectives and standards of the Aspen Area Comprehensive plan. The addition of a deed restricted Accessory Dwelling Unit in the West end of Aspen is consistent with the Aspen Area comprehensive plan because this proposal will provide much needed employee housing. 2. Consistency with the intent of the Zone District The site is located in a medium density, R-6 zoned area. in keeping with the medium density requirements the number of occupants on site will be maintained. The outbuilding remains detached, and the addition to the north side is kept small to preserve the general density of the area. 3. Consistency and compatibility with the character of the immediate vicinity of the parcel. The principle land use in the vicinity of the parcel is residential. This development keeps this pattern intact, while contributing to the diversity of income levels in the area. This development preserves an historical outbuilding which is directly in line with the character of the west end. 4. Effects of location, size, design and operating characteristics of proposed conditional use The visual impact of this proposal will be extremely minimal because of the size and 5. 6. location of the development. The small addition is located on the back side of the building virtually out of sight from the street. The impact on vehicular and pedestrian circulation as a result of the creation of an A.D.U. will be essentially maintained in equilibrium by the removal of three bedrooms in the main house. the impact on parking will be favorable because of the addition of a parking space at the northeast corner, where formerly there was no off street parking. There will be no impact on trash service because the proposed number of occupants on site is unchanged. This development will have little or no impact on service delivery, noise, vibrations, or odor on the surrounding properties, as the on site functions will be unchanged by the proposed addition. Adequacy of public facilities and services This conditional use development will be serviced by the City of Aspen, insofar as the roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, drainage systems, and schools. Commitment to supply affordable housing. The applicant directly addresses this need for affordable housing through this application for a conditional use by supplying a deed restricted accessory dwelling unit. Compliance with all additional standards. The proposed A.D.U. contains less than the maximum total allowable floor area of seven hundred (700) square feet, this area being six hundred ninety four (694) square feet. Though it is not required of detached A.D.U.s that are converted structures we will provide secondary, alley access. To preserve the historical character of the property, the minimum side yard setback was waived by the Historic Preservation Committee for the addition on the north side of the outbuilding. All other setbacks, however, are in compliance. The height of the A.D.U. is 14'-311. This does not exceed the maximum height of sixteen (16) feet. The site coverage of this development is 21% and does not exceed the maximum allowable of 30% G. specific submission contents 1. sketch plan of site showing existing as well as exterior elevations showing proposed features for expansion of outbuilding are attached as exhibit 'D' a EXi-JIBIT .A February 17, 1993 ARCHIiECR1RE PLANNING INTER(ORS To Whom It May Concern, As Owner of Lots K.L,M, Block 48, Aspen Township, also known as the Davis Waite house located at 234 West Francis Street, Aspen, Colorado, we authorize Charles Cunniffe Architects, 520 E. Hyman, Suite 301, Aspen, Colorado, 81611, (303) 925-5590, to represent our interests in the minor historic development of the aforementioned property. Sincer y, t Mr. uentin Vzdor 925 Gibson Avenue Aspen, Colorado 81611 920-7768 CHARLES CUNNIFFE ARCHITECTS • 520 EAST HYMAN AVENUE • ASPEN, COLORADO 81611 • 303/925-5590 FAX 925-5076 A • xc3namt7rr i ' ' �,K•7p USE APUTICATXCN Fow y , 1) project Nagle Vidor Remodel / 2) 13, a x-� (indicate street address, lot & block ramher, legal description caheexe ' aPpLBriate) 3) presentTonirg R_6 .4) lot Size 9,000 sq.ft. 5) Applicant's Name, Address &m Quentin Vidor 925 Gibson Ave Aspen CO 81611- 920-1769 6) Representative's Name, Address & Auone t John Schenck 99F ,aAn Charles Cunniffe.Architects 7) Type of Application (please c w-k all that apply) ,Conditional Use Oxcephial SPA cor� Historic Dev. l Review Final SPA Final Historic DevSpec - 8D40 Greenline Stream Margin Final PUD kxxAitzin view Plane _ Subdivision iot Split/rot rave Adjustment Minor historic- DeV- H>storic Demolition Historic Designation g) Descx T ica Of FY•stim Uses-(rxmbEr and type , of existirKj strcc res, approximate scl. ft- ; mber of b ae,drOmis: any pzeviixis app . 9 ptwext) - The.property consists of a main"house with an attached free market unit as well as -an. unattached outbuilding presently' used fox storage. The house free market unit and. outbuilding consist of approximately 2523 sq.ft. . . 9) De=scxiption of Development Application 'Structural enhancement to roof & foundation of main house. Remodel of main house upper level.& attic'. Structural enhancements of outbuilding. Remodel & addition to outbuilding, creating a deed res rIc e i ion o one parking space not required). 10) Have you attacbgd the foilocriW- Submission Response to Attachment 2, Minimum [tes£iaise to Attad�t 3, Specific submission contents Respatse to Attachment 4, Aevicsr Standazds for Your Application �J i PUBLIC NOTICE RE: VIDOR CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Quentin Vidor, 925 Gibson Ave., Aspen, CO requesting approval of a Conditional Use Review for a 694 square foot accessory dwelling unit in an existing outbuilding. The property is located at 234 W. Francis, Lots K, L & M, Block 48, City and Townsite of Aspen. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5100. s/Jasmine Tvare Chairman Planning and Zoning Commission S�' MAR 01 '93 13:22 WHEELER6 SQ LAW APEEN P. Commonweartil. Land Title Insurance Company SCHEDULE A-OWIMIZ,S POLICY CASE NUMBER DATB OF POLICY PCT-692902 10/15/92 @ 12;5Q P.M. AMOUNT OF INSURANCE $ 1,175,000.00 POLICY NUMBER 1. NAME OF INSURED; 128-053556 QUENTIN VIDOR 2. THE ESTATE OR ,INTEREST IN THE LAND HEREIN AND WHICH IS COVERED 8Y THIS POLICY IS: IN FEE SIMPLE 3- THE ESTATE OR INTEREST REFERRED TO HEREIN 15 AT DATE OF POLICY VESTED IN; QUENTIN VIDOR $- THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS, LOTS K, L, AND M, BLOCK 48, CITY AND TOWNSITE or ASpzu. COUNTY or PITKIN, STATE OF COLORADO. Q-L&il .j 'j' PITKIN COUNTY TITLE, INC. Cou1.ters fined Authorize A ent 601 E. HOPKINS AVE. S ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON TP.E COVER SHFRT. Fotm 4100 exhibit B 4358580 07/07/93 15: 16 Rec $15.00 Bf( 717 F'G 197 Silvia D via, Pitkin City Clerk, Doc $.00 ACCESSORY DWELLING UNIT DEED RESTRICTION APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL), ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND SECTION 5-508 OF THE ASPEN CITY LAND USE CODE THIS ACCESSORY D LLING UNIT DEED RESTRICTION is made and entered into this Ajis day of .T..w<- 19 , by Quentin Vidor {„Coventor", for itse , its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi -jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of thri Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Coventor owns that parcel of real property located at 234 West Francis, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Block 48, Lots K, L & M, City and Townsite of Aspen, upon which is situate a free market two-story four -bedroom dwelling and an accessory dwelling unit ("Unit"), containing 694 net liveable square footage; and WHEREAS, coventor agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the coventor hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted arld as may be amended from time to time by the Authority governing "resident -occupied" dwelling units. 2. Coventor need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be fore a period of not less than six (6) cons cutive months. coventor shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom 11'1:ty enforce the provisions thereof through any proceedings at law or in equity, including eviction of non -complying tenants. 4. It is understood and .::i.greedby the Coventor that no waiver of a breach of any term or condition as contained in 4358580 07/07/93 15216 Rec $15.00 13K 717 FIG 198 Silvia Davis, Pitk'in Cnt, Clerk, Doc $,00 this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Coventor has placed its duly authorized signature hereto on the date as described above. Mailing Address 2 UPPer Nook Road Rhinebeck, NY 12572 STATE OF COLORADO ) as. COUNTY=OF PITRIN ) The foregoing instrument was acknowledged before me this-�/� day of TuNc , 1993, by Quentin Vidor. WITNESS my hand and officia/l../sseaal,. SY�{'�q�y commission expires: :�--�- ;1 o'(n RY's 5U1) %a 2 ' 435PSUO 07/07/93 15:16 Roc $MOO BK 717 PG 199 8: 1via Davis, Pitkin Cnty Clerk, Doc R.00 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITRIA COUNTY HOUSING/ _Si_I_T_Y_ -bko 1 k. J • n /'A✓ Chairman Mailing Address: "-Rrueeekt-Ela 5-30Z_{'�u.i... �-�-./ �pWev. Jkv41 Aspen, Colorado 81611 STATE OF COLORADO ) ) as. COUNTY OF PITEIN ) The foregoing instrument was acknTowle/d�ggd,�ppef a me day this of ,j�.M 1993, by -y4Y, Y. 3 Vl�,y.�,i / WITNESS my hand and official seal. J01IR'S My commission expires: 7 rf AP �VED TO CO! T: (Leg coons or the AHA) A rney foY a A/PCHA -- Op 0 F a W 'ghAM M n l 54362262 10/20/`?3 09:30 Rec 515. Oir DR 727 PG 572 Sil v'i.a nevi=r F'i tkin Cnty Cie,L., Doc x.00 ACCESSORY DWEliLING UNIT DEED OR p4B XNFILL), AP PURSUANT TO ORDINANCE 60 ORDINANCE ONE (MOONING EP N CITY LAND tlqENT 98 )CODS D LACEI SECTION 5-5es OP TSE 19§3, by Tglg ACCESSORY, UNIT (DEED RESTRICTION is made a.n entered into this IS` day Of �� °% ` ors and assigns, Coventor") for itself, Colorado, a municipal Quentin Vid0Y (' of Aspen, Authority, a for the benefit of the City corporation, and the Aspen/Yitkin County Houtied sing the multi-jurisdicSTATED INTERGOVERNMENTAL AGREEM NT recorauthority establid ded pursuant AMP.NDED AND RE 605 at page EST of the records of the Pitkin county Clerk an Recorder's Office ("Authority")- ro erty located at WHEREAS, Coventor owns that parcel of r County of Pitkin, Colorado, Specifically described as Block 48, Lots R, L & M, City and 234 West Francis, in the City of Aspen, tQry more u on which is situate a free mar dkWe111ng two-sunit T°wnsite of Aspen, P 195 net liveable four. -bedroom dwelling 94nalloable foot area and 1, ("Unit,, Unit ) , c square footage; and impose certain WHEREAS, Coventor agrees t° Of°the Un t as t and an accessory conditions on its use and occupancy dwelling unit under the AS Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and Obligations contained where, the Coventor hereby covenants and agrees as follows: lot be 1. The Unit as identified heshallb be rented my in if rented, be accordance With d and, guidelines asthe oAuthor'ty pted and as governing accordance with the 9 amended from time to time by "resident -occupied" dwelling units. 2 • Coveanllfiedee resid nts, the as Unit; defined eVin then Housing only 4u period of not less than six (6) consecutive months. Guidelines, shall reside therein and all rental terms shall be fore a p the Unit. An Coventor shall maed intain the rrwhentrenting ct the resident of its own choleases royal of a executed copy of all leases for the Unitf tithe approvub al ed o the Authority within ten (10) qualified resident. on the land for the benefit of 0. The covenants and limitations of this deed restriction shall run withaand Aspen bandbinding Authorityr eitYoceedings at laer of Whom w the city f rovisions thereof through 'any proceedings tenants. enforce the P including eviction of non -comply g or 1n equity, • ` j �o #362262 10/20/73 09:30 Rec 815.00 SK 727 P6 573 Silvia Davis, Pitkin Cnty Clerk, DOC 8.00 4. It is understood and agreed by the Coventor that no waiver of a broach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Coventor has placed its duly authorized signature hereto on the date as described above. -.'COVENT/OR (Name oP COVB ory ' Hailing Address: Quentin Vidor - 234 West Francis Aspen, CO. 81611 STATE OF j sa. COUNTY , j The :foregoing instrument was arowledged before me this 18th day of October , 1993 , by Vsentin Vfdor WITNESS MY hand and official seal. My Commission expires: *6A AWffl W*w H11*"' Date Notary Public 2 #362262 10/20/93 09930 Rec $15.00 BK 72? PC, 574 .Silvia Davis, Pit�'" Cnty Clerk' Doc $.00 ACCEPTANCE By THE DOUSING AUTHORITY The foregoing agreement. and its to AVOWItkin County Housing Authority. res are accepted by thi THE ASPEN/FITKIN COUNTY HOUSING AUT RITY U HIT By: David Hyler, Ch n Myler, Mailing Address, 530 East Hain Street Suite 061 Aspen, CO 81621 STATE OF OOIDRADO COUNTY OF PITKIN 88. The&� instrument Was -acknowledged day of before se this 192-1 by AmmillmLn. WITNESS HYband and official goal. my Commigiion expires: Notary Xic 3 AIb® exhibit C 419F CITY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: June 19, 2019 PLANNER: Bob Narracci, 429.2754 PROJECT NAME AND ADDRESS: 234 W. Francis ADU Removal PARCEL ID# 273512417003 REPRESENTATIVE: Sara Adams, 970.925.2855 / sara bendonadams.com TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: (Existing and Proposed Conditions) The owner is interested in removing the deed restricted Accessory Dwelling Unit (ADU) at 234 W. Francis St. The ADU received Conditional Use approval from the Planning and Zoning Commission on May 18,1993 (P&Z Resolution No. 22, Series 1993). The ADU is a 694 sq. ft. detached structure. Per the Accessory Dwelling Unit Deed Restriction (Recorded at Reception No. 358580) only an APCHA qualified tenant can went the unit. To remove the deed restriction pursuant to City of Aspen Land Use Code Section 26.520.090.C, "For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2075 or for an ADU or Carriage House developed prior to this date which the applicant can demonstrate was not developed for affordable housing mitigation purposes or to meet the requirements of a Development Order. (In other Words, the unit must have been a 'voluntary' unit). Removing a voluntary unit may be approved by the Community Development Director if the following criteria are met. 7. The physical changes necessary to remove or decommission the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official (Building permits are required). Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerkand Recorder. Removal ordecommissioning, of a voluntary unit shall not require additional affordable C—TIONS: Section Title Common Development Review Procedures Amendment of an ADU Or Carriage House Development Order For your convenience - links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for Complete Application • Community Development Director for review REQUIRED LAND USE REVIEW(S): Amendment of an ADU or Carriage House Development Order; Section 26.520.090.0 t3o South Galena Street Aspen, C081611-1975I P: 970.920.50001 F: 970.920.51971 cityofaspen.com