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Home My WebLink AboutLand Use Case.1102 E Cooper Ave.0069.2016.ASLU0069.2016.ASLU 1102/140 E COOPER AVE .-I 8040 GREENLINE EXEMPTION 273718100030 - sc#Au 011PS â‚¬ A-\UlÂ·~ . â‚¬ b > .i F.c I â‚¬ IM . 1 External Media Located Here ~ M-006934 i RMMI THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0069.2016.ASLU PARCEL ID NUMBER 2737 181 00 030 PROJECT ADDRESS 1102/1106 E COOPER PLANNER BEN ANDERSON CASE DESCRIPTION ESA 8040 GREENLINE, STREAM REPRESENTATIVE MITCH HAAS DATE OF FINAL ACTION 08.05.2016 CLOSED BY KARLA HENRICHON parce I ID: 2737 /6/ w 03 0 / DC)&01.2-0110 i A<&1-4 0 Permits - C] X file Edit Record Navigate Form Repor&5 Fcrmat Iab 1!elp @ 48 â€¢X â€¢ e 2~ -49 . E G :a Â·25 + I 11 4 ' M w, 21 A lump 1 *Â¥ v * 1 0 1 Â£1 91 6 2 @ alâ€¢. 2 9(9[bia.D -1 *- Main Custom Fjelds Rogting Status Fee Summary Actions Routing History Permit type aslu Aspen Land Use Permit # 0069.2016.ASLU Adckess 1102/1106 E COOPER Apt/Suite City ASPEN State ~ CO Zip 81611 Permit Information Master permit Routing queue aslul 5 Applied 07/13/2016 Proiect Â· Status pending Approved Description ESA 8040 GREENUNE, STREAM Issued Closed/Final Submitted clock ~ Da>,s 1---61 Expires ~ 07/08/2017 Submitted via 0 wner Last name COOPER DUPLEX LLC .,-Â· Fist name 1109 ZANEAVE N Phone (]- Address MINNEAPOLIS MN 55422 Applicant El Owner is applicant? m Contractor is applicant? Last name LUPOW First name SCOTT 514 E HYMAN AVE ASPEN CO 81611 Phone ~[970] 390-1888 Cust # | 30425 Address Email scott@scottlupow.com Lender Last name First name Phone [] - Address AspenGold5 [server] karlah ///// 1 of 1 checkst z.04 5-1) GL}t~ check 4 ) &15- 94 ral 6roup: Rece (pt 4 q I 239 EIVer P ja/*7/ho fees - 41 800 semi MOInt] xoqlool sdnoig gel . DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Cooper Duplex, LLC. c/o TKGA. PO Box 1640. Basalt. CO 81621 Property Owner's Name, Mailing Address Lots 8 And 9, Block 6, Riverside Addition to the City Of Aspen, County Of Pitkin. State Of Colorado. 332 N. Riverside Dr. and 1154 E. Cooper Ave. (previouslv addressed as 1102 and 1106 E. Cooper Dr.. Aspen, CO 81611). Legal Description and Street Address of Subject Property The applicant has received land use approval for the demolition and redevelopment of an existing residential duplex. Written Description of the Site Specific Plan and/or Attachment Describing Plan Stream Margin Review - Notice of Approval. Reception # 631047 (8/2/2016) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 11,2016 Effective Date of Development Order (Same as date of publication of notice of approval.) August 11,2019 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 5th day of August, 2016, by the City of Aspen Community Development Director. r J Q ~Uti~A 4 {rÂ«00 ~-J~sica Garroll.~jommunity Development Director NOTICE OF APPROVAL STREAM MARGIN REVIEW FOR THE REDEVELOPMENT OF 332 N. RIVERSIDE DR. AND 1154 E. COOPER AVE. (PREVIOUSLY 1102/1106 E. COOPER AVENUE) Parcel ID No. 2737-181-00-030 APPLICANT: Scott Lupow (agent); Cooper Duplex, LLC (owner) REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC SUBJECT AND SITE OF APPROVAL: 332 N. Riverside Dr. and 1154 E. Cooper Ave. (Previously 1102 and 1106 E. Cooper Avenue) Legal Description: Lots 8 And 9, Block 6, Riverside Addition to the City Of Aspen, County Of Pitkin, State Of Colorado. SUMMARY: t The applicant is proposing the demolition and redevelopment of an existing residential duplex at g 1102/1106 E. Cooper Avenue. Recently, this property has been readdressed. 1102 E. Cooper Ave. (the front duplex) is now 332 N. Riverside Ave. 1106 E. Cooper (the rear duplex) is now 1154 E. Cooper Ave. This property is located at the intersection of East Cooper Avenue and Riverside Avenue in proximity to the Roaring Fork River. The property is separated from the river and its bank by Riverside Avenue, In 2014, the City of Aspen's Engineering Department determined the top of slope corresponds to the western edge of Riverfront Ave., on the opposite side of the road from the property. During zoning review of the building permit application, staff identified that the [ property and proposed development lie within the 100 foot buffer of the high water line - necessitating this review. Because the property is separated from the river by Riverside Ave., by additional grade as the 1 property moves away from the road, and by additional distance ofthe front yard setbacks, most of [ the stream margin review criteria are generally not applicable to the redevelopment proposal. The [ closest element of development is the front sidewalk (approximately 20' from TOS), The front I most element of the duplex is approximately 54' from TOi The 45 degree plane from TOS (required by stream margin review) in limiting height does not come close to interseeting any element of the development proposal. Referral comments were received from the City of Aspen's Engineering Department, no concerns were noted. RECEPTION#: 631047, 08/02/2016 at Page 1 of 2 10:24:41 AM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO STAFF EVALUATION: Pursuant to Section 26.435.040[C], no development may take place within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with the eleven (11) standards established by the Land Use Code. Staff agrees that a stream margin review determination is required of this development proposal due to its proximity to the Rearing Fork River, but as a result of site specific conditions, the criteria demanded by the stream margin review are either not applicable or clearly met. Staff determines that the redevelopment of 332 N. Riverside Ave. and 1154 E. Cooper Ave. meets the requirements of the stream margin review. Please refer to Exhibit A for staff findings on the individual criteria. DECISION: Staff finds that the Stream Margin Review application provided by the Applicant complies with the review criteria of Section 26.435.040[C] and approval is granted to demolish and redevelop an existing duplex per the information submitted in the attached exhibits. /*4Â£01 1(1901/91.OUU JOki )/1 20/47 (~Jejsica Gar(* Date â‚¬ommunity Development Director Exhibit A - Staff findings - Stream Margin Review Standards (not recorded) Exhibit B - Site Plan/Elevation (recorded) Exhibit C - Applicant Narrative (not recorded) f Page 2 of 2 u_-.---,-,i#-3&+I#-jAW.â€¢â€¢----U-/ULâ„¢(I~UA~w~*liwi#'BW~-J-, .*. . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Il 64 â‚¬ Ceo (1.-05 A-v-Q- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) S 6-- C.~.,L~~ (name, please print) being or representing an. Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (13) or Section 26.306.010 (E) of the Aspen Ladd Use Code in the following manner: t"= Publication ofnotice.- By the publication in the legal notice section of an. official paper or a paper of general circulation in the City of Aspen no later* than fourteen (14) days after final approval of a site specific development plan. A copy ofthepublication is attached hereto. 0 Publication ofnotice: By the publication in the legal hotice section of an official paper or a paper of general circulation in the City of Aspen no later than. fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing KA.ffidavit of Notice" was acknowledged before me this( / day of A,M~WS&. , 2046_, b,1 4-ANCL(.~ S c_.32_ PUBLIC NOTICE J 01 DEVELOPMENT APPROVAL Notice is hereby given to the general public of the WITNESS MY HAND AND OFFICIAL SEAL approval of a site-specific development plan, and the creation 01 a vested property right pursuant to the Land Use Code ofthe City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- Ing to the following described property: Parcel ID My commission expires: ~11 1'5~afb #2737-181 -00-030, Legally described as Lots 8 And 9, Block 6, Riverside Addition to the City Of Aspen, County Of Pitkin, State Of Colorado; com monly known as 332 N, Riverside Or. and 1154 E. Cooper Ave. (previously addressed as 1102 and 1106 E. Cooper Ave.). An administrative approval 4(tÂ« 8Â£4 foÂ».rÂ»-, of a Stream Margin Review was granted to demol- Notary Public ish and redevelop an existing residential duplex; Reception #631047, 8/02/2016. The project is de- picted in the land use application on file with the City of Aspen. For further information contact Ben ' Anderson at the City of Aspen Community Devel- KAREN REED PATTERSON NOTARY PUBLIC opment Dept., 130 S. Galena St., Aspen, Colorado. (970) 429-2765. ATTAC]IMENTS: STATE OF COLORADO City of Aspen Published in The Aspen Times on August 11, 2016. NOTARY ID #19964002767 (12301941) COPY OFÂ·THE PUBLICATION , My Commission Expires February 15,2020 NOTICE OF APPROVAL STREAM MARGIN REVIEW FOR THE REDEVELOPMENT OF 332 N. RIVERSIDE DR. AND 1154 E. COOPER AVE. (PREVIOUSLY 1102/1106 E. COOPER AVENUE) Parcel ID No. 2737-181-00-030 APPLICANT: Scott Lupow (agent); Cooper Duplex, LLC (owner) REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC SUBJECT AND SITE OF APPROVAL: 332 N. Riverside Dr. and 1154 E. Cooper Ave. (Previously 1102 and 1106 E. Cooper Avenue) Legal Description: Lots 8 And 9, Block 6, Riverside Addition to the City Of Aspen, County Of Pitkin, State Of Colorado. SUMMARY: The applicant is proposing the demolition and redevelopment of an existing residential duplex at 1102/1106 E. Cooper Avenue. Recently, this property has been readdressed. 1102 E. Cooper Ave. (the front duplex) is now 332 N. Riverside Ave. 1106 E. Cooper (the rear duplex) is now 1154 E. Cooper Ave. This property is located at the intersection of East Cooper Avenue and Riverside Avenue in proximity to the Roaring Fork River. The property is separated from the river and its bank by Riverside Avenue. In 2014, the City of Aspen's Engineering Department determined the top of slope corresponds to the western edge of Riverfront Ave., on the opposite side of the road from the property. During zoning review of the building permit application, staff identified that the property and proposed development lie within the 100 foot buffer of the high water line - necessitating this review. Because the property is separated from the river by Riverside Ave., by additional grade as the property moves away from the road, and by additional distance of the front yard setbacks, most of the stream margin review criteria are generally not applicable to the redevelopment proposal. The closest element of development is the front sidewalk (approximately 20' from TOS). The front most element of the duplex is approximately 54' from TOS. The 45 degree plane from TOS (required by stream margin review) in limiting height does not come close to intersecting any element of the development proposal. Referral comments were received from the City of Aspen's Engineering Department, no concerns were noted. RECEPTION#: 631047, 08/02/2016 at 10:24:41 AM, Page 1 of 2 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO STAFF EVALUATION: Pursuant to Section 26.435.040[C], no development may take place within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with the eleven (11) standards established by the Land Use Code. Staff agrees that a stream margin review determination is required of this development proposal due to its proximity to the Roaring Fork River, but as a result of site specific conditions, the criteria demanded by the stream margin review are either not applicable or clearly met. Staffdetermines that the redevelopment of 332 N. Riverside Ave. and 1154 E. Cooper Ave. meets the requirements of the stream margin review. Please refer to Exhibit A for staff findings on the individual criteria. DECISION: Staff finds that the Stream Margin Review application provided by the Applicant complies with the review criteria of Section 26.435.040[C] and approval is granted to demolish and redevelop an existing duplex per the information submitted in the attached exhibits. ~9922 1 4 11 LAU ,3Â«\0-1 2 9< 20/47 ( Jeisica Garrojv Date LCommunity Development Director Exhibit A - Staff findings - Stream Margin Review Standards (not recorded) Exhibit B - Site Plan/Elevation (recorded) Exhibit C - Applicant Narrative (not recorded) Page 2 of 2 MAX HEIGHT FOR ALL DEVELOPMENT OUTSIDE OF 15' SETBACK FROM THE TOP OF SLOPE PER 12/26/14 EMAIL 1.~-1::':11 -8 *,21 LINE Dâ‚¬AFMN AT 45 PEG. FROM SQOUNIP AT THE TOP OF SLOPE PER 12/26/14 EMAIL MAX HEIGHT FOR ALL DEVELOPMENT OUTSIDE Theodore K Guy Associates PC OF 15' SETBACK FROM THE TOP OF 9.0/2 ib Â® ARCHITECTURE PLANNING C) UNIT AIUNIT B STRUCTURAL ENGINEERING A A Box 1640. Basalt. CO 81611 970Â·927.3167 I tkga@tkga.net I *raTE. AA 120'-1 9/411 ~ j -Â·- JIBT. PLATE DHED "1 OUTLINE OF BUILDING UNE 5*RAPNN AT 45 DES. 1 FROM &,ROUND AT THE 2-___-_ < -BEYOND SECTION LINE / 1 TOP OF SLOPE L / 111'-0" ~ UPPER LEVEL )I 2 SITE SECTION I 1/8" = 1.21 PROPOSED 69.ADE | 100'-0" I d.< #C e. ~ Pt 1 4. - 7453 -13 MAIN LEVEL 7 707-~777--Upr-'Â»NU~~~"-=râ€ž---4.-7.-4,8----2-- - , / /,*).0*Ae'0*46 6ag:>t/ ~ ~6, 4~964#aff&K //Â·1 ~/U+- m=~ Rt#tf~> 1{lt~,A-*fi~ . 1 /4\/Â« 15' FROM TOP .! tÂ«4>~ 44-. ~49**44247714*T 42#{1 1<1111 1,/lt 31 f ~EST EDGE OF TOP OF BQEAK RIVERSIDE AVE. | EAST- ED65 OF RNERSDE L.._~ pROPEâ‚¬TY LINE AEST EIÂ»E OF ALLEY ~---- U--lpROF'~r LINE --~ 0-OF' OF SLOPE) +~~ r.rop OF BANK- LINE ~ AVE. PER EMAIL 12/26/14) U) CM 11Â¢, 1 Ilewu> 9 Â® \ |HIGH FNATER 25'# I. 4-8Â· 5? Ul . 41 0Ov20'-1 M 915.94' 1UNE 8 4.- ' -- 27.9 4 .22 ,;1 -4 ~ (Basis of Bearing) 0 10 1 4 , 4 S 6162'7" 1-\t f ... 316.502 , . -\1 7= O----1-999 T /10Â«7' -90 7.4' 4 < 4 ~ Approx, Sew - /Servirâ€¢â€¢9.30 + 15 - \ -1 0 N W - 4416:12~-117\ e j 795 . 7.2' / 2 . 1 in ' 1 05 1 - 1 \41 F <411 1 - - /r \ 2 .1 0 < - 4 ' 0 D 1 4-F _ _ FU 4 3 7.10, il 1 11.-11% 1 1 ..7 . 51.00 2 1 Hailey Guglielmo email ---- Ju 10 v.\: 1 1- 1 1 14 b \ 4\\ T ~ ~Â© LU L~ 61- 11955 ~ /1 -953.70â€¢â‚¬ / H Â»LE_,7 959 119=r 1 1 -1 1 13 1 1 5. .201 L 7.*701]47.1~L 77 IN a. ~ "Top of Bank" line per ~ 1/ V 4 5 -4.,= ==4-V -' Â¥ 1%3 1 / to Alan Richman dated 1 T-, / 12/26/14 (0 5 51 i M.Â·DAâ„¢ A V*333\- i mals i 281 b ' -1.J - _2: 4 EDGE OF ROAP - lilli i . 110 b 1 \ - I S , %:firify . =- .- -- 41=-1 DALE Â£!52 6-/97 L 1416/15 PERMIT SET ~-2Â»4 1 1 ' ./....V.V.V.V..6 + 5,2.9 \ 0610,HOONMEPICIS I s 1504 -~-dsÂ·--~5*r-WS---AA 1 ~1 + 53.75' 1 1 f 05/23/16 PERMITSETREVISED , /8/ ..26 1 -CrL, - EXISYNG }NATER. LNE 0\\ i 1 1- 1 1-~ IE I ' LS % 7 1 -0 -.I- LL-_V- 1-- -1 . / * M2%9-6 0 L %155% CA k *< .AnY> JOB I Â·5109 ml E i 4 A.4 79 5 1 A UNIT A 57 - + 53.75' )0 DRAWN: KALH ~ C. PRINTED: 7/Â·366 - -1- -4 0 CHECKED TIG 4 -.93la,tu---7 146 ~\UNLI_D ,+TW 54,001 , + 59 00 SHEETTITLEÂ· 5 ~1- -.tk><+1+Tv,fr~ H W-1.-rÂ·Â«--_- of poi' 10Â· Vcp seY,~r SMR 9-0.:-- --- - - ze-/ LIZIZZIZZI' Z.IS-~~~ZILI~ 24-4~-~__ SITEANDSECTION + TW 5100' 1 +TW 56.00' ~ + TW 57.00' 5-â€¢u ~; e.) Â® 4 --#-- - - ~/ \ , 735~,P INLÂ· SMR-4 1- - E. COOPER AVENUE Flowline Â·5'09 Lupov, 'toi-110' Coope' 12:615 Pe'mitoa of Aspen E. Cooper Avenue ~ SMR SITE PLAN /~ 1/8 =1'-0" Uy Bev.- 7854.77' / C Also known as Highway No. 82) COPYRJGHT THEODORE K GUY ASSOCIATES PC A-â„¢H 18 02'rOS NalÂ¥ 99Nlh,!Â¥hIC] LLXL L 3AÂ¥ U 3 d OO -H~GHWA-ER ETBACK FROM TO OF BREAK 1 0,1 i un of Aspen ~ ' V, 4 "'- Railroad Tie S ul rkeighbor' deck Â® -/ Ci~ #57 c nter C Refer 915.94' ~400~4 5/8"4~\ 1 460 *l 1, , %11 11-, 94.4 1 Jâ‚¬y S - J (Basis of Bearing) / -59,. - - 40 336.53,7 --i===0=>=57 AL.2556'03' F 103.37' c# . 0 7.4' N 2% \ ..AI-/Al IOEl W / 151 Approx,Sew r~Ser-vip49Â·3;;9 49~<~*__ - 3 -4-- 3 -3~----f-;Re:5~1-~Â£2191-<--3 -;~ 795 3 3 1 W me 9 - 1 1 <~Rete&,4Â£#rea 1 0 A.153-- 01 57Â»114 , 0 r y )9403.-6 - a. j ----1 ,\\14 Theodore K Guy Associates PC 0/ 210 ~ ~' ~t-7; F _H_ PROFFITY LIN L ..0.11. 1; ~ | ; Â¤g~ + 51.00' PLANNING 7 inc n A w Ill lon,Â· 1 * *,7 * ARCHITECTURE OFFJCE 1 f -fLJ / 1 \ 1= - 1-_ . 11. E I 0/ * S + 53.75 1 6 %/ 'll- _ Box 1640. Basalt, CO 81611 970Â·917Â·3167 I tkga@tkga.net A-~04 â‚¬ t 795p 111 7 - 1 1 1 2 QD , 49.50' + 0 -Ad].70.-t'- ~ i - 0 Â»-1 j -J U I 01 < STRUCTURALENGINEERIN 1 Ld f Z.N SWN@I M. YTH ) r-~ ' 'Top of Bank" line per Ul y U-) 1 Hailey Guglielmo email \ ==r -LL -'.--- to Alan Richman dated 12/26/14 CD i & ar il- 1 9 F \ 11 & I.vi\ \ 6 - H.06â„¢ ~ 62~ 7= 1 -2 : 1 'Sm w 21/tn /O, 1-\- B.X.I ' EDGE OF ROAD / 1 01 2=27-....7-C, 1448 ...71 , / 8 g 1 1 44 1 \ i / lift \3--\~4%Â«---\ = ' 0 -6 11 1\ \ #Â£ MUP 111 i pl- 1-1 + 52.50' MAS-Tt~ Li EXISTING FNATER LINE */0+--4*4-\-t-* 679 t AS . ly,#Â¢tcQ -5 M +53.75 L Â· * 2-/ Ul) 27/-Â«1' \1 156â‚¬, w * 7,u: - L---- 14â‚¬ <1 -4\UNU i / 34 , Y70.,0,~~,. 4.W 79~2 \' Arlt#a,=8 - +53.75' / %-L -4 1 92'UNIT B 'ccr=\ \N \ ~pt~-- 0,0,025i>=:9% + 59.00' ~ iN,/\Twm.00' HW-Â¥rÂ·=:â€¢L----OMPO,ER 10" VCP Se %1 ~t 10- -~~~1 3~"- ~ - -25-0--â€¢-4--~~~~~~/-/42-1 24- -2 - X + TW UÂ·00 +TW 56.00 + TW 57.00' 5â„¢.1--0 (0 1 6 LU E. COOPER AVENUE Flowline _1 8 i l F Â»Yak: Â· uz i li 2Â«4 '04%22.7..1% LU 3* City of Aspen 1 . E. Cooper Avenue ~ t SMR 41TE PLAN /~ GPS (18-N) i n c 1/tYÂ· = 1'-0"1 D M,Â« HEIMT FOR ALL 0 DEVELOPMENT OUTSIDEE ~ ( Also known as Highway No. 82) ' 1 Elev * OF 15Â· SETBACIC FROM THE TOP OF SLOPE PER / X 12/26/14 EMAIL i | ' / LINE DR.AY'04 AT 45 DES. ' ' 1 FROM 69CIND AT THE ' TOP OF SLOPE PER ' BUILIPINe BEYOND ~ 12/26/14 EMAIL ~ I , SECTIC)N LINE 7, MAX HEISHT FOR ALL ' 1 DEVELOPMENT OUTSIDE I OF 15' SETBACK FROM THE - / i TOI- OF SLOP'l,/~1>~//- 1 (AU (30) 9 Â® 1 i 1 1 1 UNE PRAF+1 AT 45 DE6. FROM GROUND AT THE TOP' OF SLOPE ......_ F - 1 1,1111.1* r i'Â·eÂ»EN" - j-3%1111 * 11 1 Tt==- 20'-7 9/4"-KÂ» Ilf-Jr-~TRi_ i 120'10â€ž L. 87 Elr il#16/15 PERMIT SET | DAIE SEMEBE 11 - (05/23/16 PERMITSETREVISED~ -1EZat= F +JICJ UPPER LEVEL /I) - 2/ mMimimrraM#Ti/%%42%@I*Ailt# iÂ¥rminicii*Â©ty=----4--44/1312 111'-30Â·Â· L, 0601160FFICEPRefti PROPOSED GRADE 1 - . =VII j iiI 1 -1. 6 i SITE SECTION 4| 2.-LIE--YecONCE i 1/8" = 1'-O 5/ %, i i - f< 57 ---r. //t x 444Â« lu _lj 1 1 'tt--4-=g:dÂ«IN LEVEL - DRAWN KALH 1 '7-/ / JOB#Â· 1.09 LEÂ»,744â€¢r.0" *//JI *ficz,ii<.~%410$~4~~u,$*i~ir~4<4,~. 4~1/*F-f/1/12 fi-f--/ /14-1/09430\\\ h i-/ mvISTIN& GRADE f v PRINTED: 7#-11-6 1 \\ CHECKED TKG SHEET TITLE: TOP OF BQEA< 1 SMR , CTOP OF BANK-UNE PER \\~ '/ \~ EMAIL 12/26/14) 41 1 1 1 SITEANDSECTION 3.09 'Pow '10.-1,06 Cloper .... Permit 08 FNEST EDGE OF ~ i ~~__| TOP OF B~EAK RIVERBOE AVE. EAST EDGE OF RIVERSIDE ~-~ PROPERTY LINE PROPERTY LINE ~--i~ 4-~ nEST EPGE OF ALLEY CrOP OF SLOPE) rrop OF BANK" LINE --1 AVE. SMR-5 1 i \ |HIGH VNATER 1 | COPYRIGHT ~ THEODORE K GUY ASSOCIATES PC TOP OF BREAK 4 a-VH A~ <32~06 321â€¢, Ge I 3AV U 3 d OO 3 90LL Page 1 of 1 *81076* Ofs Print Date: Pitkin Cfount, Transaction #: 81076 8/2/2016 10:24:47 Janice K. Vos Caudill Receipt #: 201604658 Clerk and Recorder AM Cashier Date: 8/2/2016 10:24:44 AM 530 East Main Street (VVITARI) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Infurination Transaction Information Payment Summary DateReceived: 08/02/2016 Over the Source Code: , Counter (ASPCIT) ASPEN CITY OF Over the ATTN CITY CLERK Q Code: Counter Total Fees $21.00 Return Code: Over the Total Payments $21.00 Escrow Balance: $1570.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments $21.00 *L_J ('1 11(-'K 1381 1 Recorded Items BK/PG: 0/0 Reception: 631047 Date:8/2/2016 LRE_L (APPROVA!.) APPROVAL ANY 10:24:41 AM 'i\UNi From: To: Recording @ $ 11 for 1 pg and $5 for 2 or more 3 $21.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 8/2/2016 Staff Review Criteria - Stream Margin Review 332 N Riverside Dr. and 1154 E. Cooper Ave. (previously 1102/1106 E. Cooper Ave.) Section 26.435.040 1) It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation of the parcel proposed.for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or offsite which compensate for any base flood elevation increase caused by the development; and This review standard is not applicable as the proposed development is not within the Special Flood Hazard Area and there will be no effect on base flood elevations. Staff finds this criterion to be met. 2) The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. Afisherman's easement granting public.fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement: and This criterion is not applicable to the development due to the specific site conditions. The entire property is separated from the Roaring Fork River by Riverside Dr. Staff finds this criterion not applicable. 3) There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F. 1; and Due to the location of the property and development, no vegetation removal or slope grade changes are applicable. Additionally, staff believes that a building envelope need not be established as Riverside Dr. creates a hard barrier to encroachment of this development to any resources related to the top of slope. Staff finds this criterion to be met. 4) The proposed development does not pollute or interfrre with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated -within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Again, the river and its TOS line are located across a public street from the subject property. Standard construction management requirements of the City of Aspen will ensure that this standard is fully satisfied. All City drainage and storm water management requirements will be satisfied and no hot tubs or pools will be drained off-site. Staff finds this criterion to be met. 5) Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy ofsaid notice is submitted to the Federal Emergency Management Agency: and The proposal does not involve any alterations or relocation of a watercourse. Staff finds this criterion is not applicable. 6) A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and There is no watercourse on the subject property and, therefore, the applicant cannot possibly/legally alter or relocate a watercourse. Staff finds this criterion is not applicable. 7) Copies are provided ofallnecessaryfederaland state permits relating to workwithin the 100-year flood plain; and No work is proposed within the 100-year flood plain and, accordingly, no such federal or state permits are necessary. Staff finds this criterion not applicable. 8) There is no development other than approved native vegetation planting takingplace below the top ofslope or withinfifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive... ; and The TOS line, as described above as having been approved by the City Engineering Department, is more restrictive in the current case than is the high waterline (see Improvement Survey Plat and the SMR Site Plan). All lands below the TOS line, as applicable to the proposed development, reside across a public street. No development, be it plantings or anything else, is proposed below the TOS line. There will be no impact on riparian vegetation or bank stability. Staff finds this criterion to be met. 9) All development outside the fifteen (15) foot setback from the top Of slope does not exceed a height delineated by a line drawn at a.forty-five (45) degree angle.from ground level at the top ofslope. Height shall be measured and determined by the Community Development Director using the definition.for height set .forth at Section 26.04.100 and method of calculating height set.forth at Section 26.575.020 as shown in Figure "A"; and Plan Sheets SMR-4/5 recorded with the approval demonstrate that the proposed development does not intersect with the forty-five (45) degree angle plane initiated from the top of slope. The proposed development complies with the height limitation. Staff finds this criterion to be met. 10) All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lightingplan will be submitted with all development applications; and All exterior lighting will comply with Code Section 26.575.150, as applicable, and such will be demonstrated in the building permit application materials. Staff finds this criterion to be met. 11) There has been an accurate identification of wetlands and riparian zones. There are no wetlands on or immediately adjacent to the subject property. Similarly the subject property is separated from any riparian zones associated with the river by Riverside Avenue, a public street. Staff finds this criteria not applicable. -"ETAIN FOOPFRMANIA,r mi =9 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees RECEIVED An agreement between the City of Aspen ("City") and 0069.20 /*14#49 prope,ty C-*C~ ~Eg- Ck\Gte>< LLC Phone No.: 9 70 -200. /888 Owner ('19: Email: scoHAe#Â£*04.CQJTY OF ASPEN Address of ~02 - 11 al. 12, CaDICEQ BIlling Ub So,+ 20"po,4/(,00Â¢MUNITY DEVELOPMENT Property: AddressÂ·. 514 e. +4.tan Vivf (Subject of (send bills here) ASp#1 Â¢O 6/ e// application) I understand that the City has adopted, via Ordinance No., Series of 2011, 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. $f'*'i*22*i 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 processingthe application. lunderstand 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 sta ff 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, 1 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. $ 1 * DO deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 2/2.6 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: v Pr0329*~22~---~ -- // 41 Jessica Garrow, AICP Community Development Director Namel- *,t_ , 960-H- L un o uy-- City Use: Title: b Fees Due: $ Received $ rv Rlot March, 2016 Cilv of ADell I 130 S. Galena .St. I (9701 920 5050 CITY OF ASFÂ·cN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: RECEIVED Name: Ll 02 - I loe E. COOFE e_ AJE JUN 3 0 2016 Location: 11 31 181 00 0 70 CITY OF ASPEN Parcel ID # (REQUIRED) COMM(*TY DETcLOPMENT APPLICANT: Name: (16*3{Â¥5 9- tllÂ¥PbEj 34 LUL # -ft-Â£*, Address: 0,0, 1 04-0 2*0Â»ct 6-0 8 1 (02,1 Phone #: 0110 411 -61.69- REPRESENTIVATIVE: Name: -16*Â© poe-a k (lopr keÂ©c u<ae ft, Address: 870)< 104-0 }DMATE 05 8 1 6/2 1 Phone#: 110 679 00\,*4- El GMQS Exemption E-1 Conceptual PUD F7 Temporary Use E GMQS Allotment E-1 Final PUD (& PUD Amendment) Special Review Subdivision 3 Conceptual SPA ~~ Margin, Hallam Lake Bluff, Condominiumization) ESA - 8040 Greenline, Stream El Subdivision Exemption (includes 1 Mountain View Plane U Final SPA (&SPA 6 Commercial Design Review D Lot Split Amendment) ~ Residential Design Variance Â£ Lot Line Adjustment El Small Lodge Conversion/ Expansion Â£ Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 124<01011 )*T tu, A-,Eb< PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Ual Ex.leuED, 1.3 7/2 Have you attached the following? FEES DUE: $ '-Â·6--mÂ·9 [23 Pre-Application Conference Summary 1 025-1 ~ Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form [i~ Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards Â£ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Aoen I 130 S. Galena St. I (9701 920 5050 1 -2 THE CrrY OF ASPEN ECEF - Land Use Application Determination of Completeness JUL 1 2 20 4~ Date: July 12,2016 1 y OF AS ~NNITY DEVEL . Dear City of Aspen Land Use Review Applicant. We have received your land use application for 1102/1106 E. Cooper Ave. and have reviewed it for completeness. < Your Land Use Application is complete: / Please submit the following to begin the land use review process. 1) Review deposit of $ 1,62260. V Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You 4~704,- \Tenniferlytelan, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No-74- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No U Commercial E.P.F. Lodging HAAS LAND PLANNING, LLC RECEIVED June 28,2016 JUL 1 2 2016 Mrs. Claude Salter Aspen Community Development Department Cl 1 r uf puSPEN 130 South Galena Street COMMUNNY DEVELOPMENT Aspen, CO 81611 RE: Stream Margin Review for 1102 and 1106 East Cooper Avenue (Parcel ID No. 2737-181-00-030) Dear Claude: Please consider this letter and the attached drawings to represent a formal request for a Stream Margin Review approval in order to redevelop the duplex on the property located at 1102 and 1106 East Cooper Avenue (Riverside Addition, Block 6, Lots 8 and 9). The property is located in the R-6 zone district, at the northeast corner of East Cooper Avenue and Riverside Avenue. The Roaring Fork River is located east of the subject property and on the opposite (west) side of Riverside Avenue. Since the westerly side of the subject lot is located within 100-feet (measured horizontally) of the high water line of the Roaring Fork River, albeit on the opposite side of a public street, the redevelopment is subject to Stream Margin Review ("SMR"). "Development" is defined in the Definitions Section (26.104.100) of the Land Use Code as follows: The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination oflots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of buildings or structures; or 3) the grading, excavation, clearing of land, or the deposit or fill in preparation or anticipation offuture development, but excluding landscaping. Section 26.435.040(A) of the Code provides that all "development" within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River is subject to Stream Margin Review ("SMR"). This heightened review is needed to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The purpose of SMR is to ensure that development does not infringe upon the 100-year floodplain or cause pollution or stream channel changes in the River, or remove riparian vegetation or de-stabilize the stream bank. A critical element of SMR is identifying the "top of slope" ("TOS") of the River; development must be located at least Â· 420 E. MAIN STREET, SUITE 10-B â€¢ ASPEN, COLORADO â€¢81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ MITCH@HLPASPEN,COM â€¢ fifteen (15) feet back from the TOS and must not exceed a height established by a line drawn at a 45 degree angle from the ground at the TOS. The City maintains a map of the Roaring Fork River's TOS. Said map shows the TOS encompassing all of the properties along Riverside Avenue and extending over towards Park Avenue. This has proven to be a clearly inaccurate assessment of the TOS in the subject area. To resolve this matter, a field visit was conducted with Hailey Guglielmo of the City of Aspen Engineering Department. In an email from Hailey Guglielmo to Alan Richman, dated December 26, 2014, it was confirmed that the final determination for the river adjacent to 1102 and 1106 East Cooper Avenue is to delineate the TOS along the westerly edge of the pavement on Riverside Avenue, as was discussed on-site. Further, per the same email, the Engineering Department was to record this TOS determination within the Engineering Department. Consequently, while the proposed redevelopment will involve lands that are within 100 feet of the high water line, no lands within fifteen (15) or even thirty (30) feet of the TOS will be affected (see SMR Site Plan, Sheet SMR--1). Similarly, the proposed redevelopment will not at all intersect or otherwise impact the 45-degree bulk plane line drawn from the TOS (see Stream Margin Review Section, Sheet SMR--2). The SMR standards of Section 26.435.040(C) are presented below in italicized print and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director ("CDD") makes a determination that the proposed development complies with all of the requirements set forth below: 1) It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation of the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and This review standard is not applicable as the proposed development is not within the Special Flood Hazard Area and there will be no affect on base flood elevations. 2) The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded Fisherman's Easement: " and 1102 & 1106 E Cooper Avenue SMR Page 2 This review standard is not applicable as the proposed development is on a parcel that does not touch the Roaring Fork River or its high water line. None of the cited or adopted regulatory plans affect this subject parcel, or vice versa. This parcel cannot provide any such easements, as the areas of interest are not located within its boundaries. 3) There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and No riparian vegetation will be removed or damaged and no slope grade changes associated with the River will result from the proposed development. Again, the river and its TOS line are located across a public street from the subject property. There is no designated building envelope and one need not be defined in relation to the River or SMR. It is requested that the proposal be deemed exempt from any requirement to designate a building envelope, much less record such on a plat. The property is already within a subdivision and there is no need for any kind of new Plat. Further, any such designation of a building envelope would encompass the entire property, as it is entirely located more than 15 feet from the TOS. 4) The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Again, the river and its TOS line are located across a public street from the subject property. Standard construction management requirements of the City of Aspen will ensure that this standard is fully satisfied. All City drainage and storm water management requirements will be satisfied and no hot tubs or pools will be drained off-site. 5) Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and This standard, too, is not applicable, as the proposal does not involve any alterations or relocation of a watercourse. 6) A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that theflood carrying capacity on the parcel is not diminished; and 1102 & 1106 E Cooper Avenue SMR Page 3 As with most of the previous standards, this requirement is inapplicable. There is no watercourse on the subject property and, therefore, the applicant cannot possibly/legally alter or relocate a watercourse. 7) Copies are provided of all necessary federal and state permits relating to work within the 100-yearfloodplain; and As with most of the previous standards, this requirement is inapplicable. No work is proposed within the 100-year flood plain and, accordingly, no such federal or state permits are necessary. 8) There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive..., and The TOS line, as described above as having been approved by the City Engineering Department, is more restrictive in the current case than is the high waterline (see Improvement Survey Plat and the SMR Site Plan). All lands below the TOS line, as applicable to the proposed development, reside across a public street and on someone else's property. As such, no development, be it plantings or anything else, is proposed below the TOS line. There will be no impact on riparian vegetation or bank stability, thus obviating the need for an associated landscape plan. 9) All development outside the.Afteen (15) foot setback from the top ofslope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top Of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and Plan Sheet SMR-2 provided herewith demonstrates that the proposed development does not reach, much less exceed, a height delineated in accordance with the requirements of this review standard. In actuality, the height limitation established by this review standard exceeds that of the underlying R-6 zone district and the proposed development complies with the zoned height limitation. 10) All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Once again, the river and the associated TOS line are located across a public street and on someone else's property. All exterior lighting will comply with Code Section 26.575.150, as applicable, and such will be demonstrated in the building permit application materials. It is not legal to propose lighting down the slope as that property belongs to someone else. Further, exterior lighting is prohibited from causing glare or interference with 1102 & 1106 E Cooper Avenue SMR Page 4 0. 1 adjacent public roads and those limitations are more restrictive than the stream margin given the location of the river and its TOS relative to the subject development site. 11) There has been an accurate identification ofwetlands and riparian zones. There are no wetlands on or immediately adjacent to the subject property. Similarly the subject property is separated from any riparian zones associated with the river by Riverside Avenue, a public street. As such, no delineations are necessary as such ecosystems will clearly be unaffected. In conclusion, the proposed redevelopment of 1102 and 1106 East Cooper Avenue will not increase the potential for property loss by fiood, and it will have no affect on the natural and unimpeded flow of the Roaring Fork River. The proposed development really should be exempt from SMR altogether but the Code language does not provide as much. Consequently, and since the proposed development as described herein and as shown on the accompanying plans set, meets all of the applicable standards for Stream Margin Review, the owner respectfully requests that this application be timely approved. It is hoped that the provided information and responses prove helpful in the review of this application. lf you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/Manager 1102 & 1106 E Cooper Avenue SMR Page 5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter, 429-2752 DATE: June 24, 2016 PROJECT: 1102 and 1106 Cooper Ave REPRESENTATIVE: Ted Guy REQUEST: Stream Margin Review DESCRIPTION: The property (legal description Subdivision: Riverside Addition Block: 6 Lot: 8 and: - Lot: 9. Parcel ID# 273718100030) is located in the R- 6 zone district, located adjacent to Roaring Fork River. The existing development on the lot is a duplex. The project proposes to demolish the existing duplex and build a new duplex. The provisions of Stream Margin apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River. The Historic Topographical Study prepared by Tuttle Surveying Services illustrates that the setback does affect the subject property at the West end. The project will be review under Section 26.435.040(C) Stream Margin Review Standards, criteria 1-11. Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Stream Margin Review 26.575.020 Calculations and Measurements Review by: Staff for complete application, Community Development Director for Approval. Referrals: Parks, Engineering Public Hearing: NA, administrative review Planning Fees: Planning Deposit - $1,300 flat fee ($325 per hour for Planning Staff review time in excess of deposit hours) Parks - *EQ , flat fee- do YEGÂ«d, 6sfb 3 Engineering - $325 deposit ($325 per hour for Engineering review time in excess of deposit hours) Total Deposit Due: $2,275 To apply, submit the following information: 'ri Completed Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). O 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 Illi and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name: address and telephone number of the representative authorized to act on behalf of the applicant. O HOA Compliance form (Attached) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 0 A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. O Written responses to all review criteria in Section 26.435.040.C. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 Two 11 x17 copies and one full sized copy of plans depicting the project, any wetlands and riparian zones, the Stream Margin Review area, Top of Slope, and the 15' setback from the Top of Slope to confirm applicability and any impacts to these areas. 0 Site sections demonstrating the progressive height limit and how the proposed development complies. 1 Exterior lighting plan identifying location of all fixtures and cut sheets of the proposed lighting types. O Proposed draft plat pursuant to Subsection 26.435.040.F. 1 that complies with the requirements of Chapter 26.490, Approval Documents, depicting the proposed building envelope. C] 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 2 Copies of the complete application packet and, if applicable, associated drawings. 0 Total deposit for review of the application. O A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 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: Property ~0000< D#,7/ CK 1 -LE Owner ("11'). Email: _~ S. l 14,2, , 0 '(f Â¢:1 l/4, 7, O , t 6.41 Phone No. 6 (31 cf/4- 6 6 '< Address of filÂ· 0- CituJ i /06 606,%964' ,4-6, 2#il *2 /9T~ft,-1 CO Property (subject of application) I certify as follows: (pick one) El This property is not subject to a homeowners association or other form of private covenant. U 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. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. 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: /1 UP K / / 14441.42 date. 0 { 3% <7<(6 7 1, 1 1 Owner printed name: or, Attorney signature: date: Attorney printed name THEODORE K GUY ASSOCIATES PC ARCHITECTURE I PLANNING I STRUCTURAL ENGINEERING cornmon sense so/utions RECEIVED July 6,2016 JUL 0 7 2016 CITY OF ASPEN To Whom It May Concern COMMUNnY DEÂ·ELOPMENT The undersjgned hereby authorize Mitch Haas and Ted Guy to represent Cooper Duplex LLC in any land use application in the City of Aspen, Colorado. ~f//f~90 --- c'foyl{/ff -7 /'7 t(Lito 1 1 /Joel ghtbrio ' Date =killu Scott Lupgw Date ' Box 1640 Basalt, CO 81621 970.927.3167 tkga@tkga.net I tkga.net gm City of 2 --pen General uilding Permit Contact Sheet 130 South Galena Street Aspen, Colorado 81611 THE CHY or Ast'EN Phone (970) 920-5090 Fax (970) 920-5440 PERMITNO. PERMIT INFORMATION Permit Type Job Address ! 102 - 1 1 09 2, 000682â€ž Sue Block Tract or Subdivision Parcel ID (call 920-5160) Legal Description PÂ»' U 82.63 l'(32 ADE r[ leÂ»1 2751 181 00030 CONTACT INFORMATION Owner Phone No. Alternate Phone No. Name C_1530*322- ULLULÂ» l. U.. 42/2 8 1(0 -DC)2+ Mailing address Ci,ty Zip' 4, #.) i Ice $27'~~'~-42 30,9-- 1-1. 14 i FJ,Kket/615*-),I-Â·~~-7 *41 6 454 6 4. E-mail Address ...)946'.0tzo if * csy)*41-+Pco , COM Owner s Authorized Agent Phone No. Alternate Phone No. Nambkfierr Lil Ed>Vi/ 410 e~,0 -1 5514- 110 280 [366 Mailin& address City Zip 6 l.4 E.. 1-p,(&402:+1 AVE Ar,Pad .1-0 St (0(1 E-mail Address \ i ectiVE(3 941014 la {204) . Cloht General Contractor Name Phone No. Alternate Phone No. 4 0Htl TfbLAf L Of}-,E*.e-a,)*jz.~ (49 K-KI 910 918 97 09 Mailing address City Zip 003 47223 9 6343\31 MARe \/LLLAGE C.fb 8 14,1 9 E-mail Addres 41<4+3 09 act.4 59 per\. COM Architect or Designer of Record Name Phone No. Alternate Phone No. -IHE) ct> Ca k (3tuY 910 911 -5(88- 110 531 01,64Â· Mailing address City 387034 1 2%40 .57.9.Ii CzE) 67(0'24 E-mail Address 4-Lia & 4-4- 30' 'net landscane Architect of Record Name Phone No. Alternate Phone No. City Zip Mailing address E-mail Address Engineer of Record Name hone No Alternate Phone No -THEÂ£*3 09-a k CLJT 910 931 55 22Â·- 970 *34 09,09 Zip ' ' Mailing address KÂ»X 1 04Â© 64(Ir CY) S (43 Q. 1 E-mail Address 411 30- 0 4%362 i na e-â€ž~.- Other Contact Name Phone No Alternate Phone No ~RA20 1-0 C(Er Â· Â¥> F.03 01(3~ 2- Â· ,4Â»494-44~,-1-4- cjl 0 90Fs (0 BAO Zip Mailing address 175 14 14(lt 'iyTE-, 1\\ LD 6[6 1 1 E-mail Address jocl,(r blon~ 3-33 CE grne)~ .C,-Of-4 PLEASE PROVIDE ANY ADDITIONAL INFORMATION THAT MAY HELP US CONTACT YOU FOR ANY QUESTIONS REGARD[NG YOUR BUILDING PERM1TAPPLICATION RECE VED JUN 3 0 2016 CIT)' Or ASPEN COMMUNITY DEVELOPMEN1 ' .1, Customer Distribution Land Title Our Order Number: QT62007344-4 41 AW ~41/1 CriurANY - bina Date: 06-10-2016 Property Address: 1102 & 1106 E COOPER AVE, ASPEN, CO 81611 For Closing Assistance Closer's Assistant For Title Assistance Kimberly Parham NIKKI DURRETT KIM SHULTZ 533 E HOPKINS #102 533 E HOPKINS #102 533 E HOPKINS #102 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 970-925-1678 (phone) 970-925-1678 (phone) 970-927-0405 (phone) 303-393-4870 (fax) 800-318-8202 (fax) 970-925-6243 (fax) kparham@Itgc,com ndurrett@Itge.com kshultz@Itgc.com Company License: CO44565 Contact License: CO414945 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower Lender - New Loan COOPER DUPLEX LLC US BANK Delivered via: Electronic Mail Attention LAUREN CORNISH 400 E MAIN ST ASPEN, CO 81611 970-544-4097 (work) 970-925-2828 (work fax) lauren.cornish@usbank.com Delivered via: Electronic Mail OLD REPUBLIC NATIONAL TITLE Attention: RICH JONES 1301 WASHINGTON AVE #300 , GOLDEN, CO 80401 iFCEIVED 303-421-6495 (work) 4 -- 15 rjones@oldrepublictitle.com Delivered via: Electronic Mail JUL 0 7 2016 ril v i JF ASPEN 1.f e + 0 OMPAINITY DEVEL0PMEN1 Land Title 61. *,Awn, 4 iyypikaÂ· -5,0,4 190*- Land Title Guarantee Company Estimate of Title Fees Order Number: QT62007344-4 Date: 06-10-2016 Property Address: 1102 & 1106 E COOPER AVE, ASPEN, CO 81611 Buyer/Borrower: COOPER DUPLEX LLC, A MINNESOTA LIMITED LIABILITY COMPANY Visit Land Title's website at www. Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees ~ ALTA Loan Policy 06-17-06 $4,126.00 ~ Endorsement 122-06 18 DATE DOWNS REQUESTED $1,100.00 ~ Tax Certificate $21.00% If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. ~ Total $5,247.00 < THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: QT62007344-4 Customer Ref-Loan No.: Property Address: 1102 & 1106 E COOPER AVE, ASPEN, CO 81611 1. Effective Date: 06-03-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Loan Policy 06-17-06 $4,930.000.00 Proposed Insured: US BANK, NATIONALASSOCIATION, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: COOPER DUPLEX LLC, A MINNESOTA LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS 8 AND 9, BLOCK 6, RIVERSIDE ADDITION TO THE CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2016 American Land Title Association. All Rights Reserved - A,MERIC AN LAND rIT[' ASNOCIATI. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date ~*rÂ· of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: QT62007344-4 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR COOPER DUPLEX LLC, A MINNESOTA LIMITED LIABILITY COMPANY RECORDED JUNE 16, 2015 AT RECEPTION NO. 620775 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JOEL D. SHAPIRO AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. RELEASE OF DEED OF TRUST DATED JUNE 24, 2015 FROM COOPER DUPLEX LLC, A MINNESOTA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF U.S. BANK NATIONALASSOCIATION TO SECURE THE SUM OF $1,587,500.00 RECORDED JULY 27, 2015, UNDER RECEPTION NO. 621800. 3. DEED OF TRUST FROM COOPER DUPLEX LLC, A MINNESOTA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF US BANK, NATIONAL ASSOCIATION TO SECURE THE SUM OF $4,930.000.00. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: QT62007344-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. 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. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. 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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949 IN BOOK 175 AT PAGE 246. 9. EXISTING LEASES AND TENANCIES 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RIVERSIDE PLACER INCLUDING RIVERSIDE ADDITION RECORDED FEBRUARY 07, 1951 IN BOOK 2 AT PAGE 39. 11. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE MATTERS SHOWN ON IMPROVEMENT SURVEY CERTIFIED JANUARY 21, 2015 PREPARED BY ~ ASPEN SURVEY ENGINEERS, INC., JOB NO. 32142D, INCLUDING ENCROACHMENT OF PLANTER AND STEPS. JOINT NOTICE OF PRIVACY POLICY OF Land Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY, 16 AN*N,TE <11*qvrNY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY -- Nina '967- LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. ~ We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: â€¢ applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system, â€¢ your transactions with, or from the services being performed by us, our affiliates, or others; â€¢ a consumer reporting agency if such information is provided to us in connection with your transaction; and â€¢ the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: i â€¢ We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. â€¢ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land litle {Alâ€¢*NAN,TE <DVIA'NÂ¥ DISCLOSURE STATEMENTS - hinit /967- Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requ rement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII 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 Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders 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-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 material-men 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 un-filed mechanic's and material-men'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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. . 2' ALTITLe ''' Commitment to Insure * 4% ALTA Commitment - 2006 Rev. ff ch OLD REPUBLIC NATIONAL TiTLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable - - consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed 1 1 * 6'T Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ~ ~~770 ~ Ati~t.Â·~ and B and to the Conditions of this Commitment. upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A 0.'...t This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or poljcies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 1 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of i Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. i 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 1 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on ' the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. ~ Issued by: 'D" Old Republic National Title Insurance Company Land Title Guarantee Company a Stock Company 3033 East First Avenue /&~L TITLE4'Â· 400 Second Avenue South Suite 600 : Ap * * * b 02: Minneapolis, Minnesota 55401 Denver, Colorado 80206 ...47* ' Â·p 1 (612)371-1111 303-321-1880 * 14 r f'--Da Â£7 /7 0-</9736460.4 *m: Mark Bilbrey - * 0. President \ u..0~ John E. Preyer ~ . a * O 2 AMERICAN * LAND TITLE President .*ic'. 21.'4:G.::.- ASSOCIATION 1 Authorized Officer or Agent Rande Yeager Secretary .El ........ 00.42 Helton 6, .9 8, - 44 Park * - 4:Â·*Â·t.... N Historic Topographical Study .... i .4 Lots 8 and 9, Riverside Addition, Situated in the Ave S 0 7 Â¢ O SW1/4, Section 1, Township 10 South, Range 85 C & 9 2 1 West Of the Gth PM City Of Aspen, County of Pitkin, tb 4 b -- f ~4* Site State of Colorado. -~9Â»of*. Â° - Â«â€¢282:- w -2 v - JUN 302 ~er 44~ CO~NUNITY DEVEL NT 0 RECEI D E Dedo Sf ; 2 0 -N~;.A*#ned! THE LAND REFERRED TO IN THIS LAND TITLE GUARANTEE COMPANY COMMITMENT DATED DECEMBER 19, 2015 IS C/Ty OF AS EN :ory LOCATED IN THE COUNTY OF PITKIN, STATE OF COLORADO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: r :lie ~Ho~~~ON~ ~1~816 COR LOTS 8 AND 9, BLOCK 6, RIVERSIDE ADDITION TO THE CITY OF ASPEN, E Waters Ave A: a 3(1. 6. 0) - ~~C BOX COR COUNTY OF P/77Â¢/N â€¢ ELE 80Â¥ COR 4 47 g STA E OF COLORADO 1 City of Aspell ~r~ 7,1/5 PROPERTY IS SUBJECT 70 7)YE FOLLOWNG EXCEP77OWS PER SAID 777ZE COMM/7*EVT Na 062006387-2 VICINITY MAP 1 24 GPS #5 SCALE: r = 5001 / 4 Elsy.- 7915.94' / THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A RIGHT 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD S ~ 752'> - Neighbor's OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS 4 AP rowl 6:SO, RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949 IN BOOK 175 AT PAGE 246. wooden deck --0 (NOTHING TO SHOW) Sewer Servic lk , 1 9. EXISTING LEASES AND TENANCIES (NOTHING TO SHOW) 800 i - r 6 --741&,m2' Beor, ~~ 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF / ~ 1~0 < - - .4' wide re | RIVERSIDE PLACER INCLUDING RIVERSIDE ADDITION RECORDED FEBRUARY 07, 1951 IN BOOK 2 AT 0* f 7 - -- 6 Planter C Refer 1 1 *-- ng) Railroad Tie PAGE 39. (AS SHOWN HEREON) / 0 & -10 / .1 6 9 FACTS SHOWN ON IMPROVEMENT SURVEY CERTIFIED JANUARY 21, 2015 PREPARED BY ASPEN SURVEY i u j 1 C C 1994 :,).ifi ~.' ----;70 *4 1 11. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING 8 4 795 .41 9 ENGINEERS, INC., JOB NO. 32142D: ENCROACHMENT OF PLANTER AND STEPS. (AS SHOWN HEREON) 5' ~ ~ ~ \ N \ '1 ~ '795, , 29&08 4374,5013 9- \ - a Indicates found Aluminum Disk LS. No. 25479 1Pf'. / . '4. r*4*44â‚¬ 2 Legend and Notes: 7 . 0 . 4. U ..1 ., 3:-. 44*f:* 2., % 952-41' â€¢ -4- - 9 Roof Peak uz - e /nd/cates found d5 Rebor w/th o Red Plastic Cop LS No. 25479 / 1 ..4 Elev.-7971.96' / f.; 1: 1 134.-3 . 'Â·-~Â·94// ./ 1 219' ~ 1 - Â·3:fa I Â·:'64Â· G - Bearings are based upon a found #5 Rebor with o Red Plastic Cop La 1 6 No. 25479 on the Northwest corner and o found #15 Rebar with a Red Landing ::12 -StoryÂ·Â·Â·.R.Â·j'~41 ~ 4.-t:.1;4 43Â·;fk;Â·t'(IBW ,-2*47Â· 1 7 0 ~~~25Â£ a bearing of N 75'06'00" W between sald monuments. / 4 0/f< 1 /j,/ // R i.. 1 1.1 ----- 1.3' .41>. Icl 1 Plastic Cop LS. 25479010ng the Easterly Comer sald Lot 8, using 15.00' 07 <Wh / k / f/* i.y - This property b subJect to easements. rights of way and/ or requirements as \Vul Stucco 1 noted or shown h the records of the Pitkin County Clark dc Recorder - Elepotions ar, based upon Chy of *oen Benchmark 08-A) (NA VO 88). // 01 1/4 \/-17.l 4 A *- A.0 8 .........7.4.Lit.1%2...6.1Â·*Â·p 4 GraviÂ·~ 4 fK A k Elevation- 8013.41' . RECEIVED 7 1 i 4 i ~ W_%* t~;Ird- ~44 ~li:ts" 8.i~ f -- --~ No. 0809700203 Q Effective Dote June 04, 1987. - Base flood Wivatton #ne was taken ftom FEMA Map Panel 203 of 325. JUN 3 0 2016 - Unit of measurement: US SURVEY FOOT CITY OF ASPEN #4- \~ Lotj & Lot Wooden \1 . - Due to snow cover at the time of this survey, some improvements may not Slfps -4i;1:,25'litÂ·: Â·}%%~~~tfi J, ':1Â· a-4 COMMUNITY DEVELOPMENT '-NMA . p 2, u 1.- Liu be shown. 10" VCP SeÂ¥#r - Underground utility lines located per marks on ground ot time of survey per dent /5 7,020 Sq Ft8~"4.4&%~f Â«79Â«4 5 ~ ~ ===19*80, ~ 1~ ~/ , ~1 ~~~m~a~ion pertaining to owners/*, easements or other encumbrances of A t~*50\ \ 797-,3 /01 0.16 Ac. 0-31 Ke_ - This survey does not represent o title search by th/s surveyor to determine R ~ Â»7 04/F h c -/ li"~*% 1 1 or to discover eosements or other encumbrances of record. all record has been taken from a Land Utte Guarantee Company commitment dated December 19, 2014 as order no. 062006387-2 1,Â»A \ /4 1.-*22-- 1 4:, iii 41 \ \ /151 0 io .// N 01 0 1 0 ID i -ij,13 4 1% 1 -12~E>- bKID.'ll J /-,11 15 1 -- 1 ~~ **~Rfr ~ LNE GRAPHIC SCALE ~~~~ 795-9 -- \~ AA 10\e.,7 \ 10 9 9 10 20 40 1 1 42 1 'llilill / -4-1 7 -i\- //3 C m,=r) / 1 inch - 10 1 -4/9 h POWER ~6 Surve,or's Cert/07cate: \ - ~~f ~ /,~ JEFFREY ALLEN TUT716 being a Registered Land Survepr in Flowllne n /0 f f 59 ... 18&Â° 194 3 - Electric Transformer â‚¬0 = Telecommunications <R = Aspen - 94@to historical conditions was prepared by me and under my -40 670*e,- dve122ie the State of Colorado, do hereby certify that this map of Manhole Â® = Phone Pedestal * = Spruce W supervision from c survey mode by me and under my 2 = Gas Meter ~ - supervision on January 28, 2015 and that both the survey and map ( Also known as Highway No. - OR POWER EL = Utility Pole EE = Electric Meter = Pine 82) ore true and accurate to the best of my knowledge and belief. Â© = Cable Pedestal Â® = Well () = Cottonwood --- \ indicates 0%-20% slopes (no hatching)- 6472' s.f., area= 93% e tw 34 = Water Valve lâ‚¬%b:t>e NALÂ· ~~~~gOREG/S~ 9 = Water Shutoff -~~ --~ indicates 20%-30% slope (no hatching)- 181' s.f., area= 2% % e h'....1 2Ci.4 Â·Â·.%3x City of Aspen MAY 23. 5016 W - Water LIne /3 . 196.44 805@UC,61 1=- GPS (18-N) 00 -~ indicates 30% and greater Wopes (dashed)- 367' s.f.. area- 5% Elev.= U. = Sanitary Sewer Line 7854.77' *F*404.54* L,&33638 DATE G = Gas Line 9,~552, T = Telecommunications Line Ollw = Overhead Head Wire E = Electric Line Notice: TUTTLE SURVEYING SERVICES Drawn by: OM C According to Cororado Zaw. you must commence 727 Blake Avenue Tee 1102 - 1106 Cooper Avenue Date: 04/19/16 1 any Legal aotion based upon any defect in this survey within three years After you GIenwood Springs, Colorado 81601 first disoote. auch defect. In no event may Improvement Survey Plat any Legat action based upon any defect â‚¬71 (970) 928-9708 (FAX 947-9007) Z: \2016\RlversldeAdd this survey be commenced more than ten years TUTTLE SURVEYING SERVICES from the date of the ce/tineation shown Aspen, Colorado 81611 \Lots 8-9-1102,1106 hereon Email- ie#'tea-us.com cooper\hlst topo. dwg OF 1 ...... . Al p@Jj s