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Home My WebLink About20.1022 E Hyman.Stream Margin Exemption.Approved&Signed.11062020EXEMPTION FROM STREAM MARGIN REVIEW FOR 1022 E. Hyman Ave. Address: 1022 E Hyman Ave. Parcel ID: 2737-181-10-002 Zone District: R/MF 1022 E. Hyman Ave. is located in the Stream Margin Review Area as established in Section 26.435.040 of the Aspen Land Use Code. Peter and Candice Olson, represented by B&G Architecture and Design, has submitted a land use application for a remodel of an existing duplex residence that proposes to replace a fenestration on the north and east facade of the building. The exterior scope of work includes the following items: ■ Alterations to main level fenestration on the east and north facade of the duplex. The project qualifies for an exemption as the review criteria can be met: a) does not add more than 10%n of the existing floor area, or more than 25% of areas exempt from floor area b) does not require the removal of any tree c) no portion of the project will be any closer to high water line than existing development d) does not fall outside of an existing building envelope e) will cause.no increase to the amount of ground coverage within the 100-year flood plain work includes alterations to windows on the north and east facade of the proposed are on the main level, which due to slopes on site, is the second tructure. Staff has reviewed the scope of work and has determined that it will ream. Margin. There is no ground/site work proposed as part of project, there Vegetation, and no concerns are raised related to impacts to stormwater run - is therefore approved. However, if during the building permit a new review will be required that may involve a more extensive nption, or Stream Margin Review criteria. specific development plan and will not be issued a development a vested right and the approved project is subject to any changes I permit submittal. Garrett -Lamer Date Planner, Community Development EXHIBIT A: Proposed Plans (attached) 130 South Galena Street Aspen, C081611-19751 P.970.920.50001 P: 970.920.5197 1 cityofaspen.com Exhibit w .;r........ ( i§};§_(!§;§§))0 § ( , �, j 0; � ;i>»e ease e e ae !#az, # ---!/lr�s : H. , \) )! �r2\t} ) (;!g \ ) §{ erg \=MCHffIC-RE,..4 ) , _42 I F�it \� _.__� :\ Exhibit # \ §\ t g4§lA, .,,, , } ; G ;!]!) / $ III e iiaae ese ° iieesese \) /[)) W;# (()\)(( ) )))9 ƒI( \ { opsz_ k( , gy _.__,__ 022 111 /,: Aspen, CO \�,� __ Exhibit A 010101 t a � � o 6 TX D g o" m��❑ Olson Residence Remodel 1022 East Hyman Avenue ill Aspen, CO 81611 QARCHITECR AE+ 111LP AeapenGBusiness Center began, W .... wo.g<e.e�og beny.ge,eb@bga�hgetlaspeacam )it A 8 0V O ao D g F Olson Residence Remodel 1622 East Hyman Avenue #2 TECIlIRE+ rPotl Busleess eenler eAspen, rM N o�� CO 81611 ee acpen.cam Exhibit A 1. o�P ARCHITEC URE♦ bg D v Olson Residence Remodel oEslcN s 1022 East Hyman Avenue N2 n1H as ar no°:maaa tamer p°° no as pen, CO 81fi1 Aspen, CO 81671 9]0.94B.6i09 bar gerab®bgatldapCn.t°T ry Land Use Application Determination of Completeness Date: November 27t', 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application for a Stream Margin Exemption for property located at 1022 East Hyman Avenue and have reviewed it for completeness. Your Land Use Application is complete. `Please submit the following to begin the land use review process: 1) 1 digital copy of the entire application (via emailed files (pdf), thumbdrive, or file sharing) 2) Review deposit of $1,300.00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me directly at 429-2741 mike.kraemereciWofasnen.com if you have any questions. Thank You, Mike Kraemer Senior Planner City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes_ No GMQS Allotment/ Yes_ No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot)_ Residential Affordable Housing Commercial E.P.F. Lodging 130 South Galena Street Aspen, CO m6n-i975I P: 970.920.5000 IF: 970.920.51971 cityofaspen.com Permit type 1aslu , Aspen Land Use Address 1022 E HYMAN IF City ASPEN Permit Information Master permit << j Project Description STREAM MARGIN EXEMPTION PI D#2737-101-10-001 & 2737-181-10-002 Permit # 0105.2019.ASLU Apt/Suite State CO Zip 81611 1 11, Routing queue aslul5 Status pending Applied 1214312019 Approved Issued Closed/Final Submitted OG ARCHITECTURE & DESIGN Clock Running Days F Expires 11/2712020 Submitted via Owner- Last name OLSON j First name CANDICE & PETER 1022 EAST HYMAN AVE ASPEN CO 81611 Phone (971)279-4109 Address Applicant ] Owner is applicant? ❑ Contractor is applicant? Last name OLSON L'r 1 First name I CANDICE & PETER 1022 EAST HYMAN AVE ASPEN CO 81611 Phone (971) 279-4109 Cust # 31394 Address Email ,tee PAID LAND USE APPLICATION Project Name and Address: Olson Residence Remodel, 1022 E. Hyman Ave. Aspen, CO 81621 Parcel ID # (REQUIRED) 2737-181-10-001 & 2737-181-10-002 AFFULN1Y 1 : - Name: Peter & Candice Olson Address: 1022 East Hyman Avenue Aspen, CO 81621 Phone #: 970-279-4109 email: candicecarpenterolson@gmail.com Name: BG Architecture 111 H Aspen Airport Business Center Phone#: 971-710-7528 email: barry.gereb@bgadaspemcom Description: Existing and Proposed Conditions The existing property is located near the southern bank of the Roaring Fork River and is developed with a Duplex. The proposed remodel includes modifications to the Main Level including a kitchen renovation, window replacements on the east and north sides the building, the addition of a bathroom, and the addition to an interior pocket door. The entire parcel is within the 100' stream margin review area, and the majority of the parcel resides within the top of bank area. The existing house is non -conforming. The exterior scope of work is limited to changes in fenestration. Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: .. �, ! �.�� i ' 1 9 2019 (' i'`�vs``nuai?rt,'y evejC1�7i"Cen 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: $ Pre -Application Conference Summary Signed Fee Agreement (_] HOA Compliance form [ All items listed in checklist on PreApplication Conference Summary November 2017 City of Aspen] 130 S.rGalena St. 1 (970) 920 5090 Agreement to Pay Application Fees An agreement between the City of Aspen ("City') and Address of Property: 1022 East Hyman Avenue Aspen, CO 81621 Property Owner Name: Peter & Candice Olson Billing Name and Address - Send Bills to: 1022 East Hyman Avenue Aspen, CO 81621 Please type or print in all caps Representative Name (if different from Property owner) BG Architecture & Design Contact inftrfor bilking:- e-mail: candieecarpenterolson@gmaiLcoro Phone: 971-279-4109 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. $. flat fee for $. flat fee for - $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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. $ 1300 deposit for 4 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. City of Aspen: & Signature: �'�/��-C /, Jessica Garrpity De, AICP elop /) _I_ Community Development Director PRINT Name: 0 City Use: Title Fees Due: $ Received $ Case # -November 2017 City of Aspen 1130 S. Galena St. 1(970) 920 5090- PRE -APPLICATION CONFERENCE SUMMARY DATE: June 18, 2019 PLANNER: Sophie Varga 429-2778, snn€ vai; �} ttnvofas} en.cri PROJECT: 1022 E Hyman PARCELID#: 27371811800, 273718110001, 273718110002 REPRESENTATIVE: Barry Gereb REQUEST: Stream Margin Review DESCRIPTION: The subject property is located near the southern bank of the Roaring Fork River and is developed with a Duplex. The Applicant has indicated a desire to add a deck on the East side of the building as well as changing fenestration on the East and North sides of the building. The entire parcel is within the 100' stream margin review area; the majority of the parcel resides within the top of bank area. The existing house is non -conforming; the addition of a deck would increase the non -conformity. The applicant has presented an alternative request that is limited to changes in the fenestration. The two options that the applicant has proposed are as follows: Optiou l: Scope limited to changes in fenestration. From the scope of work presented, it appears that this project may qualify for an administrative Stream Margin Exemption. The applicant must demonstrate compliance with Municipal Code Section 26.435.040.B, Exemptions. A full Stream Margin Review will be required if the application does not meet the Stream Margin Exemption criteria Option 2: Scope including addition of deck as well as changes in fenestration. This would require going before the Planning and Zoning Commission for an alternative top of slope determination and a variance to stream margin review standards will be required. If the applicant decides to pursue Option 2 it is highly recommended that they first meet with the Engineering Department to evaluate support for alternative top of slope determination. Below are links to the Land Use Application form and Land Use Code for your convenience: For your convenience - links to the Land Use Code and Land Use Application are below: Land Use Code Ean1ddU; e Application Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas - Stream Margin Review Review by: Staff for complete application Option 1: Community Development Director for decision. Option 2: Planning and Zoning Commission for decision Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Real partners. Real possibilities.' Date: November 8, 2019 File Number: 584100 Property Address: 1022 E Hyman Avenue, Unit 1 and 2, Aspen, CO 81611 Buyer/Borrower: To Be Determined Please direct all Title inquiries to: Kurt Beereboom r Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com To Be Determined Delivery Method: Emailed Candice C. Olson 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. stewart title 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. , z,�.��.. Autho'nzeu�ntersignatu re Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 GUaRMatt Morris ti °e0a < o° arF n President and CEO TEXAS !� Denise C 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 A Part 11- Exeptions; 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 TITiTrr ASSOCIATION File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 " COMMITMENT CONDITIONS 1. 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; (a) 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 B, Part I - Requirements; and Schedule B, Part 11- 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 ASSOCIATION File No.: 584100 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. (e) 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 1 = 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 <h-tt ttnr_nr n ,a(ta.ortitarbitrai,e ,>. 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 /I - 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 AMERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TTLE A WCJMVN File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 It 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 584100 584100 1022 E Hyman Avenue, Unit 1 and 2, Aspen, CO 81611 1. Commitment Date: November 1, 2019 at 8:00AM 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: Peter W. Olson and Candice Carpenter Olson 5. The Land is described as follows: See Exhibit "A" Attached Hereto 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 or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. AAA ERi CAN The use of this Form (or any derivative thereol) is restricted to ALTA licensees and ALTA members in good standing LAND TITLE as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .usocuIT.. File No.: 584100 ALTA Commitment For Title Insurance 8-1-16.(4-2-18) N Page 1 of 7 ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 584100 Units 1 and 2, EUBANK CONDOMINIUMS, according to the Condominium Map thereof recorded September 7, 1988 in Plat Book 21 at Page 25 as Reception No. 303635, and as defined and described in the Condominium Declaration recorded November 1, 1988 in Book 577 at Page 262 as Reception No. 305496. 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 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 AMERI CAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE NSUCIATIUN File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 7 " ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 584100 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 grantors) 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. 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).NOTE: The vesting deed is shown as follows: Warranty Deed recorded August 14, 2009, as €�eceot on_Nc_561990 and Warranty Deed recorded August 14, 2009 as Reception No. 561989. 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 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 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 thereof) is restricted to ALTA licensees and ALTA members in good standing UFO ICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. we c N TITLE File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) N Page 3 of 7 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY or involving the property described herein. This Company's sole liability for any errors) relating to this product is limited to the amount that was paid for this product. 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 If - 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 AAIEATCAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TITLE ASSUI:UiIUN File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 7 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 584100 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. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent of record and any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead tin, copper or other valuable deposit claimed or known to exist on March 23 1885, as reserved by Patent recorded June 17, 1949 in Book 175 at Page_246. 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 B, 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 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. UND TITLE AASU�IAZIUN File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 7 " ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEUIIART TITLE GUARANTY COMPANY 10, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 21, 1955 in 3polt.17_atP - 4-5_4. 11. Terms and Conditions as set forth in Deed recorded April 11, 1974 r_n Book 286 at Page.1.21 12. Terms, conditions and obligations regarding maintenance and snow removal as set forth in Deed recorded April 17, 1974 in Book ?86 at Page_?.95 as__ReceEtL, , ?6"797. 13. Trail Easement granted to the City of Aspen by instrument recorded June 10, 1974 i17Boo[k 2-88 at Gage 144 as RpcecticrnNo. -16 �'04U, and Amended Grant of Trail Easement recorded December 19, 1983 in Book 457 at F ae rz as_Rc eoi4n �i�. 2ass. 14. Molny-Eubank Subdivision Exemption Agreement with the City of Aspen, recorded February 23, 1981 in Book 404_ at Pa e 682.as _ResePilon No. 2.31044. 15. All matters shown on the MolnylEubank Subdivision Plat recorded February 23, 1981 s) Book 11 at_ page_13as Reception No_23745. 16. All matters shown on the Condominium Map of Eubank Condominium recorded September 7, 1988 t_Book _21_.at Page 25_ts RegeptiorLNLo 3f13635. 17. Condominium Declaration for the Eubank Condominiums recorded November 1, 1988 in Bonk 577 at paa Z�?_. qs Rec tio_r_ , 30549 . 18. Resolution No. 02, Series of 2001 recorded November 19, 2001 ascepl.� oN4639s .a. 19. Resolution No. 33, Series of 2008 recorded December 15, 2009 as Reception No_,_565305. 20. Amended and Restated Easement Agreement recorded October 13, 2016 as Rec&�ptip,, _Nn1,. 632969. 21. As to the Roaring Fork River:(a) All right, title or claim or any character by the United States, state, local government or by the public generally in and to any portion of the land lying within the current or former bed, or below the ordinary high water mark, or between the cut banks of a stream navigable in fact or in law.(b) Right of riparian water rights owners to the use and flow of the water.(c) The consequence of any past of future change in the location of the bed. 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 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 AAIERICAN as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. tANo TITu ASSOCIATION File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 7 - '" ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 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 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 1- Requirements; and Schedule B, Part 11- 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 ASSOCIATION File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 7 of 7 It ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 584100 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 R Part Il - Exceptions; and a countersignature by the Company or its issuing agent that maybe in electronic form. AMERICAN, Copyright 2006-2016 American Land Title Association. All rights re3erVed. ^ 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. ry File No.: 584100 ALTA Commitment For Title Insurance 8-1-16 DISCLOSURES File No.: 584100 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 THE ABOVE 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 unto 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. 1n 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 Yes No managing customer accounts, such as processing transactions, 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 address used In your transaction, your Stewart file has developed a means for you to opt out from its affiliates marketing 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.] `.iHAKINU YKAt, I1. 1=0 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 include personal information? security measures that comply with federal law. These measures 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: if 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.: 584100 Revised 11-19-2013 July 22, 2019 Land Use Application Stream Margin Exemption Submittal 1022 E. Hyman Ave. Paracel #: 2737-181-10-001 and 2737-181-10-002 Consent of Representation I, Candice Olson, the owner of 1022 E. Hyman Ave., Parcel ID Number 2737-181-10-002 authorize BG Architecture and Design to represent me in the City of Aspen Land Use Application submittal process. I also authorize this application to be processed. Sincerely, Candice Olson Signature r 14 I c 9 Date 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. Name: Peter & Candice Olson Property Owner ("I'T Email: candicecarpenterolson@gmail.com Phone No.: 970-279-4109 Address of Property: 1022 East Hyman Avenue (subject of Aspen, CO 81621 application) I certify as follows: (pick one) pG 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. I understand that this document is a public document. Owner signature: /�'Pa�dU date: ' Owner printed name: or, Attorney signature: date: Attorney printed name: 1022 E. Hyman Ave. #2 Land Use Review November 19, 2019 Project Narrative Land Use Review: Stream Margin Exemption Address: 1022 E. Hyman Ave. #2 Aspen, CO 81611 Parcel ld#: 273718110002 Representative: Barry Gereb beciesignasgrn.ccm 970-948-6409 Zoning: R/MF Description: The owners of 1022 E. Hyman Ave. have elected to pursue Option 1 as described in the Pre - Application Conference Summary. The existing property is located near the southern bank of the Roaring Fork River and is developed with a Duplex. The proposed remodel includes modifications to the Main Level including a kitchen renovation, window replacements on the east and north sides the building, the addition of a bathroom, and the addition of n interior pocket door. The entire parcel is within the 100' stream margin review area, and the majority of the parcel resides within the top of bank area. The existing house is non- conforming. The exterior scope of work is limited to changes in fenestration and may qualify for an administrative Stream Margin Exemption. The project complies with Municipal Code Section 26.435.040.B, Exemptions. Relevant Land Use Code References: Section Number Section Title 26,304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas —Stream Margin Review r 1022 E. Hyman Ave. p2 Land Use Review November 19, 2019 Stream Margin Exemption Narrative City of Aspen Land Use Code 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high-water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Response: NA 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Response: NA 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and n i" w�X Response: No additional development area. FAR calculations remain unchanged. b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Response: No trees are planned for removal. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high-water line than is the existing development; Response: No additional development area. Existing high-water line will remain unchanged. d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Response: No additional development area. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plane Response: No additional development area. 1022 E. Hyman Ave. #2 Land Use Review November 19, 2019 Site Vicinity Aerial Map Land Use Review: Stream Margin Exemption Address: 1022 E. Hyman Ave. #2 Aspen, CO 81611 Parcel Id#: 273718110002 Representative: Barry GerebbE eslgnasLEmccm 970-948-6409 Zoning: R/MF 'N r f a NOV 19 2019 °Jly' C ( Aspen