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HomeMy WebLinkAboutcoa.lu.gm.600 E Main St.0024.2017.ASLUPATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS Lj THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0024.2017.ASLU PARCEL ID NUMBERS 2737 073 25 017 PROJECT ADDRESS 600 E MAIN ST UNITS 302 & 303 PLANNER JUSTIN BARKER CASE DESCRIPTION GMQS EXEMPTION REPRESENTATIVE JAMES SMITH DATE OF FINAL ACTION 5.26.2017 CLOSED BY AVALON GUARINO 5.26.17 Permits �P/Zt�-v03 173747� 2° ❑ x File Edit Record Navigate Form Reports Format Tab Help w4 302.273707- 5'0l7 R. Qv Jump 1 r.lain I Custom Fields Routing Status Fee Summart Actions Routing History Permit type �au FerLan--L'se ---- j Permit# CCZ-.EC1'..-SLIT Address FCC E M.+:.IN S- — — � Apt,'Suite 1#2C2 City ASPEN State CO Zip siE11� Permit Inhumation as permit -`� Routing queue Project Status Frncinc Description .PPLICATIOr1 FOR CONBINJ%.71ON OF CONDOMINIUM UNF-, S M2.i4 lC -C2 COFiCEP- ECf. 'OHCOMINIUMS - GMQS EXEMPTION Submitted JIM LINDSEV Sd,11TH 92C ?E•?.7 Clock Running Days emitted via -- Applied 133J24 2C17 Approved Issued Closed;l=inal Expires C?:1 C12. Owner Last name I S1.117H JAMES F S. LINCSA" First name �— —� -'S42 WESTCHESTER XX Phone 1( � - Address HOUSTON TX r7005 Applicant ❑%r Owner is applicant? ❑ Contractor is applicant? Last name Sr.117TH JA.I,IES F 3 LINDS:+ :' First name 5542 WESTCHESTER XX Phone ( Cust x 3CEC? Address HOUSTON TX 77C'CE Email Lender Last name First name Phone f :: Address c4-w 2ZB6 z� 27C3 -- AspenGold5 (server) angelas � 1 of 1 JU� ow AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: (pO0 I %lid Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or re esenting an Applicant to th ty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation -in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4 Signature The foregoing "Affidavit of Notice" was acknow edged before me this3 day of 20t7 , by PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the geral public 01 the approval of a site specific develoenpment plan, and the creation of a vested property nght pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, peUnin- ing to ffre foll0wing legally described property: 3028, 303, Concept 600 Condominium, accordingg to the Map appearing in Plat Book 4 at Pages 442 in 444, and as defined and described in that Declaration for Concept 600 Condominium, ap- pearing in such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71, the property commonly known as 600 E. Main Street (Conceppt 600) by or- der of the City of Aspen Community Deveopment Department on Apnl 4, 2017. The Apploant re- ceived approval for a GMOS Exemption for Demo- lition, Multi -Family Replacement relahng to the pro- posed combination of two units. For further mformation contact Justin Barker, at the City of As- pen Community Development Dept. 130 S. Galena St, Aspen, Cobrado (970) 429-2797. Pblish Clly of Aspen Puin The Aspen Times on April 13, 2017 (12758719) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: NotaryPublic ATTACHMENTS: COPY OF THE PUBLICATION KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORA NOTARY if) #19DO ly 964002�67 Conunissim . es Feb�ry 15, 2020 DEVELOPMENT ORDER of the 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 is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. James and Lindsay Smith, Units 302 & 303, 600 E. Main Street, Aspen, CO 81611 Property Owner's Name, Mailing Address Units 302 & 303, Concept 600 Condominium, according to the Map appearing in Plat Book 4 at Pages 442 through 444, and as defined and described in that Declaration for Concept 600 Condominium, appearing in such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71. Legal Description and Street Address of Subject Property The Applicant is approved to combine units 302 and 303 into one unit Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval for Growth Management Quota System Exemption from Demolition or Redevelopment of Multi -Family Housing Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 13, 2017 Effective Date of Development Order (Same as date of publication of notice of approval.) April 13, 2020 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4' day of April, 2017, by the City of Aspen Community Development Director. a Garrow, (70mmunity Development Director cm NOTICE OF APPROVAL For a Growth Management Quota System Exemption from Demolition or Redevelopment of Multi -Family Housing, Units 302 and 303, Concept 600 Condominiums, Commonly Known as 600 E. Main Street Parcel ID No. 273707325017 and 273707325018 APPLICANTS: James and Lindsay Smith REPRESENTATIVE: Herbert Klein, Klein Cote Edwards Citron, LLC SUBJECT & SITE OF EXEMPTION: Growth Management Quota System (GMQS) Exemption for Concept 600 Condominiums, commonly known as 600 E. Main Street, involving the combining of units 302 and 303. SUMMARY: The Applicant has requested a GMQS exemption to combine two residential multi -family units in the Concept 600 Condominiums. Typically, this scope of work would trigger a GMQS Review under Section 26.470.100.E, Demolition or redevelopment of multi- family housing. Section 26.470.100.E includes the provision that the combining, demolition, conversion, or redevelopment of multi -family housing shall be approved, approved with condition or denied by the Planning and Zoning Commission and that the development must provide affordable housing mitigation unless the subject dwelling units qualify for an exemption from the GMQS review. This GMQS section contains a list of exemptions from the affordable housing mitigation provision. The Applicant is pursuing the following exemption for the combining of units 302 and 303: 26.470.100.E(8)(c), Exemptions: "The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall apply including zoning, growth management, and building codes. " The Applicant has submitted a number of affidavits stating that neither Unit 302 nor 303 have been used for anything other than tourist accommodations. These include letters from current and former owners of the subject units and other units within the Concept 600 Condominiums. I (IIIII II III IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIIIIII II IIII RECEPTION#: 637590, R: $18.00, D: $0.00 Page 1 of 2 DOC CODE: APPRWIAL Pg 1 of 2, 04/14/2017 at 04:09:29 PM Janice K. Vos Caudill, Pitkin County, CO STAFF EVALUATION: Staff believes the affidavits provide sufficient proof to justify the GMQS exemption from Multi -Family Replacement for the proposal at the Concept 600 Condominiums. It would be appropriate for the Applicant to combine Units 302 and 303 without having to provide mitigation for affordable housing. This approval does not negate the requirement to obtain building permit and the Applicant shall do so prior to any commencement of work on the property. The property is located in the Commercial (C-1) zone district. New free-market residential units are no longer a permitted use. Existing free-market units may be combined, provided that there is no increase in net livable area or Floor Area. There is also a maximum unit size of 2,000 sq. ft. net livable area. The application shows the units to be 944 sq. ft. (Unit 302) and 942 sq. ft. (Unit 303), which combined would be 1,888 sq. ft. Total existing and proposed net livable area and Floor Area will be verified as part of the building permit. DECISION: The Community Development Director finds the application (Exhibit A) for GMQS Multi -Family Replacement Exemption for the combining of two units (Unit 302 and 303) at the Concept 600 Condominiums demonstrates that the units have never housed working residents and thereby, APPROVES the exemption with the following conditions: 1. The Applicant shall obtain a building permit prior to commencement of any work on the property. 2. The building permit application shall represent that no additional net livable area or Floor Area is created, and that the total net livable area does not exceed 2,000 sq. ft. APPROVED BY: J ssica Garr w ommunity evelopment Director Exhibits: Exhibit A — Application (on file) Page 2 of 2 Date RETAM FOR PERMANEW RECORD ME _' n Mo F(P. Agreement to Pay Application Fees An agreement between the City Aspen ("City") CO 24 of and Property James F. Smith and Phone No.: 970-920-3687 Owner ("I"): ,TN, Lindsay Smith Email: jimlindsaysmith@aol.com Address of Units 302 4 303 Billing Property: 600 E. Main St.. Address: same (Subject of Aspen, CO 81611 (send bills here) 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. $. 325.00 flat fee for Exemption $. 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. $ deposit for 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: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Property Owner: Name: Title: CMarch, 2016 City of Apen 1130 S. Galena St. 1(970) 920 5050 *OAK 00;4.20177% AS LQ K C KLEIN COTS EDWARDS CITRON LLc E C ATTORNEYS HERBERT S. KLEIN PC' hsk@kceclaw.com LANCE R. COTS, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC iee@kceclaw.com KENNETH E. CITRON, P.C.— kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com :also admitted in Hawaii "'also admitted in California .:also admitted in New York and Massachusetts March 22, 2017 VIA HAND -DELIVERY: Jennifer Phelan Planning Deputy Director, City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com MAR 2 2 2017 ttVCOF ASPEN f."{A JNyY LNT Re: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, CO. (the "Property"). Parcel IDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Jennifer: Enclosed please find the documents pertaining to the above stated application Please do not hesitate to contact our office with any questions. Very truly yours, KLEIN COTE EDWARDS CITRON LLC By: Hannah Gregory, Le 1 Assfstant enclosure K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk®kceclaw.com LANCE R. COTt, PC" cotedakceclaw.com JOSEPH E. EDWARDS, III, PC fee®kceclaw.com KENNETH E. CITRON- kcitr"kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com .also admitted in Hawaii ..also admitted in California "'also admitted in New York and Massachusetts July 15, 2016 VIA HAND DELIVERY Sara Nadolny Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com FOR DEPOSIT ONLY CITY OF ASPEN JUL 18 2016 WELLS FARGO :BANK 6100210277 RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"). Parcel IDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Sara, This letter and the accompanying documents are an application for approval of the combination of the above -described Property, owned by James F. Smith and N. Lindsay Smith. Attached herewith are the following Exhibits: Ex.l . Completed Land Use Application and signed fee agreement along with a check for $325.00 for processing fees. Ex. 2. Pre -application Conference Summary. Ex. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. Ex. 4. Title Certification from Pitkin County Title Company -- Unit 3 02 Ex. 4.1 Title Certification from Pitkin County Title Company — Unit 303 Ex. 5. HOA Compliance form with minutes from 6110116 HOA Meeting. Ex. 6. Nine (9) affidavits evidencing occupancy history. Ex. 7 Floor plan of existing units Ex. 8 Floor plan of proposed combination of units. Ex. 9. Vicinity Map Description of the Project and Satisfaction of Applicable Code Requirements: This application seeks approval to combine two residential condominium units at the Concept 600 Condominiums. The building is a mixed -use building, located in the C-1 zone district. The Sara Nadolny July 15, 2016 Page 2 of 4 subject units are each two -bedroom units of less than 1000 sq. ft, in size, with Unit 302 having 944 sq.ft. and Unit 303 having 942 sq.ft. When combined, the resulting unit (the "Combined Unit") will have less than the 2000 sq. ft. of net livable floor area allowed in the C-1 Zone district. Under the C-1 zone district regulations, the combination of residential condominium units is expressly allowed. This application demonstrates that it qualifies for an exemption from Growth Management under Code Section 26.470.070.5.8 (c) by providing affidavits proving that no local working residents have occupied either of the units. I. ZONE DISTRICT REQUIREMENTS: Code Section 26.720.150 D.14, setting forth the C-1 Zone District requirements, states in relevant part: 14. Net Livable Area (square feet): b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size Iimitations herein. (Emphasis added.) No additional floor area will be created as a result of the combination of the units. Attached at Exhibits 7 and 8 are floor plans showing the existing units (Ex.7) and the Combined Unit (Ex. 8). At the time of building permit application, the applicant will demonstrate with detailed building plans and dimensions, that no additional floor area is created by the combination of these units. II. GMQS EXEMPTION: Under Code Section 26.470.070.5.8 (c), the combination of units is exempt from Growth Management if the units have not been occupied by working residents. This section of the Code states: c. The demolition, combining, conversion, replacement, or redevelopment of MuIti- Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. Sara Nadolny July 15, 2016 Page 3 of 4 Attached at Exhibit 6 are rune (9) affidavits from past and current owners of the subject units and other units in the Concept 600 Condominiums as follows: (1) Clark Ficke: Co -Owner of Unit 202. He was an original owner of Unit 202. He purchased it in 1974 from J.R. Trueman & Associates, Inc., the developer of Concept 600.1 His affidavit certifies no working residents have occupied Unit 302 since that time. (2) Patty Ficke: Co -Owner of Unit 202. She is the spouse of Clark Fricke, an original owner of Unit 202. She began using Unit 202 in the mid-1980's. Her affidavit certifies no working residents have occupied Unit 302 since at least the mid-1980's. (3) Robert Borcherts: Owner of Unit 208: His affidavit certifies no working residents have occupied Units 302 and 303 since at least 1975, when he purchased his unit. (4) Marie Heys: Former owner of Unit 303. Her affidavit certifies no working residents occupied Unit 303 since at least 1982, when she purchased her unit. (5) Richard Coppock: Owner of Unit 407. His affidavit certifies no working residents occupied Units 302 and 303 since at least 1984, when he purchased his unit. (6) Katryn Arnold: Former owner of Unit 301. Her affidavit certifies that during her ownership (1989-2006), no working residents occupied Units 302 and 303. (7) Sharon Pryor: Former owner of Unit 302. Her affidavit certifies no working residents occupied Unit 302 during her term of ownership (1995-2000). (8) James Smith (Applicant): Certifies that: (i) he and his wife Lindsay Smith are not working residents; (ii) they have owned and occupied Unit 302 since 2000; (iii) they purchased Unit 303 in 2014; (iv) they have learned from other owners and occupants in the Concept 600 building that there have not been any instances when Units 302 and 303 have housed a working resident; and (v) the information they have goes back to the early 1970's, when Concept 600 was first built (see affidavit of Clark Ficke —1974, and affidavit of Robert Borcherts - 1975). (9) Lindsay Smith (Applicant): Same certifications as above by James Smith. The affidavits from Clark Fricke and Robert Borcherts provide conclusive evidence that no local working resident ever occupied Units 302 or Unit 303. Concept 600's construction was completed in late 1973 and the first sales occurred the following year. The additional affidavits from different owners covering later time periods provide corroboration for subsequent years. 1 Mr. Ficke's affidavit incorrectly states the date of his acquisition as being in 1970. His deed, recorded Jan. 16, 1974, in Book 283, page 494, is from the developer of Concept 600 and is dated Dec. 20, 1973. Sara Nadolny July 15, 2016 Page 4 of 4 The scope of all the affidavits demonstrates that this application is eligible for the exemption provided by Code section 26.470.070.5.8(c). III. AFFORDABLE HOUSING: Because the exemption under Sec. 26.470.070.5.8.0 applies, the combination of these units is exempt from Growth Management, no affordable housing mitigation is required. For the foregoing reasons, we respectfully request that the combination of these units be approved. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLc By: He ert S. Klein on cm K C KLEIN COTS EDWARDS CITRON LLC E C ATTORNEYS HERBERTS. KLEIN' hsk@kceclaw.com LANCE R. COTS, PC"" cote®kcectaw.com JOSEPH E. EDWARDS, III, PC )ee®kceclaw.corn KENNETH E. CITROM" kcitronmkceclaw.com MADHU B. KRISHNAMURTI mbkokceclaw.com 'also admitted in Hawaii ..also admitted in California "'also admitted in New York and Massachusetts March 17, 2017 VIA HAND DELIVERY Jennifer Phelan Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE; (970) 925.8700 www.kceclaw.com 'KO*ECEIVED MAR 1 fi 2017 CITY OF A3P�N tr o bi RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property'). Parcel lDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Jennifer, This letter is provided pursuant to our email communications concerning resuming the processing of this application for approval of the combination of the above -described Property, owned by James F. Smith and N. Lindsay Smith. The documents and fees referred to below were provided to your office on July 15, 2016, and we received your Determination of Completeness on July 19, 2016. Your processing of the application was halted due to the moratorium, which, as of March 17, 2017, has been lifted and this letter requests that you resume processing of this application. The following Exhibits were provided with the application when filed with your office previously and they do not need to be updated. Ex.1. Completed Land Use Application and signed fee agreement along with a check for $325.00 for processing fees. Ex. 2. Pre -application Conference Summary. Ex. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. Ex. 4, Title Certification from Pitkin County Title Company — Unit 302 Ex, 4.1 Title Certification from Pitkin County Title Company — Unit 303 Ex, 5. HOA Compliance form with minutes from 6/10/16 HOA Meeting. Ex. 6. Nine (9) affidavits evidencing occupancy history. Ex. 7 Floor plan of existing units Ex. 8 Floor plan of proposed combination of units. w„r Jennifer Phelan March 17, 2017 Page 2 of 4 Ex. 9. Vicinity Map Description of the Project and Satisfaction of Applicable Code Requirements: This application seeks approval to combine two residential condominium units at the Concept 600 Condominiums. The building is a mixed -use building, located in the C-1 zone district. The subject units are each two -bedroom units of less than 1000 sq. ft. in size, with Unit 302 having 944 sq.ft, and Unit 303 having 942 sq.ft. When combined, the resulting unit (the "Combined Unit") will have less than the 2000 sq. ft. of net livable floor area allowed in the C-1 Zone district. Under the C-1 zone district regulations, the combination of residential condominium units is expressly allowed. This application demonstrates that it qualifies for an exemption from Growth Management under Code Section 26.470.070.5.8 (c) by providing affidavits proving that no local working residents have occupied either of the units. I. ZONE DISTRICT REQUIREMENTS: Code Section 26.720.150 D.14, setting forth the C-1 Zone District requirements, states in relevant part: 14. Net Livable Area (square feet): b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. (Emphasis added.) No additional floor area will be created as a result of the combination of the units. Attached at Exhibits 7 and 8 are floor plans showing the existing units (Ex.7) and the Combined Unit (Ex. 8). At the time of building permit application, the applicant will demonstrate with detailed building plans and dimensions, that no additional floor area is created by the combination of these units. II. GMQS EXEMPTION: Under Code Section 26.470.070.5.8 (c), the combination of units is exempt from Growth Management if the units have not been occupied by working residents. This section of the Code states: cm on Jennifer Phelan March 17, 2017 Page 3 of 4 c. The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. Attached at Exhibit 6 are nine (9) affidavits from past and current owners of the subject units and other units in the Concept 600 Condominiums as follows: (1) Clark Ficke: Co -Owner of Unit 202. He was an original owner of Unit 202. He purchased it in 1974 from J.R. Trueman & Associates, Inc., the developer of Concept 600.E His affidavit certifies no working residents have occupied Unit 302 since that time. (2) Patty Ficke: Co -Owner of Unit 202. She is the spouse of Clark Fricke, an original owner of Unit 202. She began using Unit 202 in the mid-1980's. Her affidavit certifies no working residents have occupied Unit 302 since at least the mid-1980's. (3) Robert Borcherts: Owner of Unit 208: His affidavit certifies no working residents have occupied Units 302 and 303 since at least 1975, when he purchased his unit. (4) Marie Heys: Former owner of Unit 303. Her affidavit certifies no working residents occupied Unit 303 since at least 1982, when she purchased her unit. (5) Richard Coppock: Owner of Unit 407. His affidavit certifies no working residents occupied Units 302 and 303 since at least 1984, when he purchased his unit. (6) Katryn Arnold: Former owner of Unit 301. Her affidavit certifies that during her ownership (1989-2006), no working residents occupied Units 302 and 303. (7) Sharon Pryor: Former owner of Unit 302. Her affidavit certifies no working residents occupied Unit 302 during her term of ownership (1995-2000). (8) James Smith (Applicant): Certifies that: (i) he and his wife Lindsay Smith are not working residents; (ii) they have owned and occupied Unit 302 since 2000; (iii) they purchased Unit 303 in 2014; (iv) they have learned from other owners and occupants in the Concept 600 building that there have not been any instances when Units 302 and 303 have housed a working resident; and (v) the information they have goes back to the early 1970's, when Concept 600 was first built (see affidavit of Clark Ficke —1974, and affidavit of Robert Borcherts - 1975). I Mr. Ficke's affidavit incorrectly states the date of his acquisition as being in 1970. His deed, recorded Jan. 16, 1974, in Book 283, page 494, is from the developer of Concept 600 and is dated Dec. 20, 1973. ' `ftw Iftev Jennifer Phelan March 17, 2017 Page 4 of 4 (9) Lindsay Smith (Applicant): Same certifications as above by James Smith. The affidavits from Clark Fricke and Robert Borcherts provide conclusive evidence that no local working resident ever occupied Units 302 or Unit 303, Concept 600's construction was completed in late 1973 and the first sales occurred the following year. The additional affidavits from different owners covering later time periods provide corroboration for subsequent years. The scope of all the affidavits demonstrates that this application is eligible for the exemption provided by Code section 26.470,070.5.8(c). III. AFFORDABLE HOUSING: Because the exemption under Sec. 26.470.070.5.8.0 applies, the combination of these units is exempt from Growth Management, no affordable housing mitigation is required. For the foregoing reasons, we respectfully request that the combination of these units be approved. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLC By:,... ° Herbert S. Klein ,"aw, James F. Smith and N. Lindsay Smith Application for Combination of Condominium Units 302 and 303 600 E. Main Street Units 302 and 303, Concept 600 Condominiums Aspen, Colorado 81611 Parcel IDs: Unit 302: 273707325017 Unit 303: 273707325018 July 15, 2016 INDEX Document Tab No. Completed Land Use Application and signed fee agreement along with a check for $325.00 for the Exemption...........................................................................................................1. Pre -application Conference Summary......................................................................................2, Letter from Owner authorizing the Undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative...............................................................................................................................3. Memorandum of Ownership -Accommodation No Liability Unit 302.................................4. Memorandum of Ownership -Accommodation No Liability Unit 303...............................4.1 Homeowner Association Compliance Policy...........................................................................5. Affidavitof Clark Ficke..............................................................................................................6. An 81/2"by 11" Floor Plan Before Combination.......................................................................7. An 81/z"by 11" Floor Plan After Combination.........................................................................8. An 81/z"by 11" vicinity map locating the parcels within the City of Aspen .......................9. 0 oo2-4,,;.Q ►?.ACLU ATTACHMENT 27 LAND USE APPLICATIONfo =4 PROJECT: "< D Application for Exemption from Subdivision and Growth Management Name: to combine two condominium units. p ' � Location: Units 302 $ 303 Concept 600 Condominiums, 600 E. Main St., Aspen, CO 81611 Parcel ID #(REQUIRED) Unit 302: 273707325017; Unit 303: 273707325018 :2; APPLICANT: Name: _James F. Smith and N. Lindsay Smith Address: 600 E. -Main St. Apt. 302, Aspen, CO 81611 Phone#: 970-920-3687 REPRESENTIVATIVE: Name: Herbert S. Klein, Esq. Address: 101 S. Mill St. #200, Aspen, CO 81611 Phone#: 970-925-8700 M3 GMQS Exemption (� GMQS Allotment Special Review 0 ESA —8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane (] Commercial Design Review 0 Residential Design Variance I1 Conditional Use 0 Conceptual PUD Temporary Use [� Final PUD (& PUD Amendment) Subdivision = conceptual SPA ® Subdivision Exemption (includes Condominiumization) Final SPA (&SPA Lot Split Amendment) (� Lot Line Adjustment Small Lodge Conversion/ Expansion Other: CAIJIJiyu LUiyul l lUM: (aescnption or existing buildings, uses, previous approvals, etc) _ Two Residential Condominium Units to be Combined - ^' rnvrw,a�: IUC]Gf!VuUT1 UI proposea Duimings, uses, moamcations, etc.) Please see attached letter and exhibits nave you airacnea the tollowing7 FEES DUE: $ ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement n/t1 E:3 Response to Attachment #3, Dimensional Requirements Form flf a 7 Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards n/a M 3-13 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. wr+ K' z;: CITY OF ASPEN � MAR 2 2 2017 PRE -APPLICATION CONFERENCE SUMMARY CITY OF ASPS PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.5.201KIW5 PROJECT: Concept 600 — 600 E. Main St. Updated., 7.7.2016 REPRESENTATIVE: Herb Klein, 970.925.8700 REQUEST: Growth Management DESCRIPTION: The owner of free-market units 302 & 303 within the Concept 600 building is interested in combining these units. This is a mixed -use building within the C-1 zone district, and contains a combination of commercial and residential uses. Free-market housing is no longer a permitted use within this zone district; however, a recent code amendment was passed (Ordinance No. 25, Series of 2015) that allows the reconfiguration of pre-existing units within a mixed -use project, so long as no new net livable square footage is added to the project. The size of any free-market unit in the C-1 zone district is limited to 2,000 sq. ft. The applicant will need to show how this this size cap is met without turning any shared corridor or hallways space into free-market space. If this criterion is met, the request will be limited to a Growth Management Review application. The request to combine units will trigger demolition — essentially the removal of two units from Aspen's housing stock to create one new unit. According to Section 26.470.070.5, there are two options for replacing these demolished units, including the One -hundred -percent replacement and Fifty -percent -replacement options. In speaking with the project's representative the applicant is interested in pursuing the Fifty -percent -replacement option. The two units that will be demolished are both two bedroom units, therefore the applicant will be required to mitigate for the equivalent of one two -bedroom unit. This process requires a recommendation from APCHA and the review of the Planning and Zoning Commission in a public hearing. *Update: The applicants have indicated they have found evidence that meets the criteria of 26.470.070.5.8(c) — "The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents." This will be verified by Staff through occupancy records, leases, affidavits or other documentation, as requested, if the criterion is found to be met, the application shall be exempt from the requirements of Multi -Family Housing Unit replacement 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%201and%20u se0/o20app%20form.pdf Land Use Code: http://www.aspenpitkin com/Departments/Community-Development/Planning and Zoning/Title 26 Land -Use -Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.070.6 Demolition or redevelopment of multi -family housing ASLU GMQS 600 E. Main St. EXHIBIT t 2 26.470.070.4 Affordable housing 26.470.070.5.8(c) Exemptions 26.675.020 Calculations and Measurements 26.710.160 Commercial (C-1) Review by: Staff for completeness Aspen Pitkin County Housing Authority (APCHA) — not required if found to be exempt from Multi -Family Housing Unit replacement Public Hearing: Planning & Zoning Commission — not required if found to be exempt from Multi - Family Housing Unit replacement Planning Fees: $3,250 for Growth Management — Minor P&Z Review Updated Planning Fees: $325: Flat Fee for Exemption Total Deposit: $4,225 Updated Planning Fees: $325 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Total deposit for review of the application. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ 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. ❑ HOA Compliance form (Attached) ❑ 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. ❑ Written responses to all review criteria. 2 ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy Is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ 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. TAMES F. SMITH AND N. LINDSAY' SMITH 600 B. Main St., Apt. #302 Aspen, CO 81611 (970) 920-3687 July 13, 2016 Sara Nadolny Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. {the "Property"}. Parcel IDs: Unit 302: 2737073250.17; Unit 303: 273707325018 Dear Saga, This letter will confirm that Herb Klein and the other attorneys at Klein Cote and Edwards, IW are authorized to represent the undersigned, who are the owners of the above described Properly, with respect to the combination of these two condominium units and all land use matters related thereto. Mr. Mein's address and contact information is: .101 S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email; bsk@kcecla oom If you have any.questions, please feel frde to contact me at the address above. R R . 11F. !t f N. 1 `. 1R EXHIBIT 3 MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE JAMES F. SMITH AND N. LINDSAY SMITH LEGAL DESCRIPTION UNIT 302, CONCEPT 600 CONDOMINIUM, according to the Map appearing in Plat Book 4 at Pages 442 thru 444, and as defined and described In that Declaration for Concept 600 Condominium, appearing in such records In Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY, THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: July 1, 2016 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2755 EXHIBIT 4 MEMORANDUM OF OWNERSHIP" -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE JAMES F. SMITH and N, LINDSAY SMITH LEGAL DESCRIPTION UNIT $03, CONCEPT 600 CONDOMINIUM, according to the Map appearing In Plat Book 4 at Pages 442 thru 444, and as defined and described in that Declaration for Concept 600 Condominium, appearing In such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded In Book 282 at Page 71, DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM: JAMES F. SMITH and N, LINDSAY SMITH TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF : ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE : $ 500,000.00 DATED : OCTOBER 15, 2014 RECORDED : OCTOBER 15, 2014 RECEPTION NO. : 614572 LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: JULY 1, 2016 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2756 E4EXHI[BIT 1 MAR 2 2 2017 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 Poqpeify owner orAttornev representing the Mperfy owner. Marne: James F. Smith Property Owner "I" Email: jimlindsaysmith@aol.com Phone No.: 970-920-3687 Address of Units 302 & 303, Concept 600 Condominiums Property: 600 E , Main St. (subject of Aspen, CO 81611 application) I certify as follows: (pick one) ❑ 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. rXI This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: a"2 '�z . /I, date: 7 / e'/ Owner printed name: James F. Smith or, Attorney signature: Attorney printed name: date: EXHIBIT . 5 Concept 600 Board Meeting - June 10, 2016 • d $200 for after-hours hot tub p closing time for the hot tub (10 pm). When asked to leave, they complied. Consistent esta d Hot Tub Rules, the tenant was fined $200. The As ion's CCIOA policy states: `By Board approval, the sign on the hot tub fence co: the first -an al -warning, and applicable fines will be immediately imposed upon violatio immediate fi violation of the Hot Tub Rules(s) is $200.00 per rule violation." As permitted by cy, the tenant is appealing the amount of the fine as shown in the che� document. Resolved.- The Board declAW appeal of the hot tube fine amount. Approved Plumbing leaks from drain pipes 'ding service to unit 403's master and walls in 303's master bath. - Consistent with policy and past pr e, the'Owner of unit 403 wa, repair work underway on the 403 dr ipe. The Owner was a4l responsible for the cost of those repair - 403 Owner and family members dispute compliant (they were code compliant) and repairs. - The Designated Member for the unit engaged representative of for the unit. Given the attoi Smith, the Board referred the issue to the As - The Association's attorney, Danny SulIiv weeks to complete the repairs to 403's bi tub damaged the ceiling of the issue and of the that he would be need for the r irs, claimed repairs were not code IR damag4^eir unit and disputed 403's liability for the s grandson, a lawyer, as the legal faints and the threat of legal action against Jim o cated with 403's attorney, Collen Meyer, for 7 The cost for 403's plumbing repairs are currently $2,313.25. The total cost for the As anon attorney ac on behalf of the Association to enforce the Association's Declaration, policy rules is currently $6, 0 - Collen has offered to pay for pair costs provided 403 is pt from all other costs, including legal costs. He has stated that a 1 it is possible if the Association not accept his terms. - The Board should decide much, if any, of the repair costs an al fees should be assessed against unit 403. Lacking sufficient inf ation on the final costs related to this issue nor on gal considerations, the Board decided efer the final decision until a future meeting. Status ofmajo air projects since Sept. 2015 Board meeting: The fail of a 18 yr old hot water heater in May, 2016 necessitated a replace en. . ding of 49 Will from the Reserve Fund Se sections of the failing concrete on the 1" floor deck were replaced to direct drat way from and and Hart. Funding of —$5k will come from the Reserve Fund er to • The owners of units 302 and 303, Jim and Lindsay Smith would like to have internal access between their units. An opinion by Fred Peirce and a structural assessment by Ted Guy (both attached) state the proposal is consistent with the Declaration and maintains the building's structural integrity. The Smiths will pay all professional fees and reimburse the Association for attorney fees. If approved by the Board, a City building permit will be applied for to install the door. r Resolved: The Board approves the installation ofa door between units 302 and 303 given the opinion from Fred Peirce and the structural report from Ted Guy. The approval is conditioned on all costs being paid by the Smiths and the Smiths signing the liability waiver proposed by Fred Peirce. Approved 3-0 I, Clark Ficke, under oath, state and depose as follows; 1. I, along with my wife, Patty Ficke, were the owners of Unit 202, Concept 600 Condominiums, located in Aspen, Colorado. We owned this property since it was first built in the early 1970s until we sold it in December, 2015. 2.1 was a full-time resident in Unit 202 during the 1980s until the mid-1990s, and then frequently visited the property unit until about 3 years ago, when I became too ill to travel to Aspen. 3. During the period when I resided full time in Unit 202,1 served on the Board of the Concept 600 Condominium Association and was its President for several years. 4. I have knowledge of the people who were the owners and tenants who resided in Unit 302 (located above Unit 202) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. 5. 1 am not aware of any instance when Unit 302 housed a working resident as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. , Clark Ficke STATE OF tAUT-aQ.0t r ) )ss. COUNTY OFEAma'k lbWVdfq) Subscribed and Sworn before me this 8— day of Feb- 2016, by Clark Ficke. Witness my hand and official seal. My Commission expires Ni aA 4, 201 (oNJ . Notary Public MICHAEL EDWARD ZUCKERMAN Commission # 1977104 i A Notary Public . California z Santa Barbara County M Comm. Expires May 4. 2016 EXHIBIT 6 'err" AFFIDAVIT OF PATTY FICKE I, Patty Ficke, under oath, state and depose as follows: 1. I was an owner, along with my husband, Clark Ficke, of Unit 202, Concept 600 Condominiums, located in Aspen, Colorado. My husband owned this property since it was first built in the early 1970s and we owned it jointly from the mid-80s until we sold it in December, 201S. 2.1 frequently visited in the early 1980s and always stayed in our unit. Then I was a full-time resident in Unit 202 from the mid-1980s until the mid-1990s, and then again frequently visited the property unit until about 3 years ago, when my husband became too ill to travel to Aspen. 3. During the period when I resided full time in Unit 202, I had knowledge of the people who were the owners and tenants who resided in Unit 302 (located above Unit 202) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. 4. During the entire time I am not aware of any instance when Unit 302 housed a working resident as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. Patty F c e STATE OF CAUFMOIA ) )ss. COUNTY OFSA0kea (6t! c Subscribed and Sworn before me this -(6- day of F-40- 2016, by Patty Ficke. Witness my hand and official Seal. My Commission expires Notary Public MICHAEI EDWARD lUCKERMAN Commission # 1977104 +• Notary Public - Callfornia Santa Barbara County My Comm. Expires Max4, 201fi NOW, OCCUPANCY AFFIDAVIT OF ROBERT BORCHERTS As a co-owner, along with my wife Holde Borcherts, of Unit 208 600 E. Main St., Aspen Colorado since 1975 and as a current Board Member of Concept 600 Condominium Associatio, I hereby certify that there have been no working residents, as defined by the Aspen/Pitkin Housing Authority guidelines, living in Units 302 or 303, Concept 600 since 1975. Robert Borcherts This Occupancy Affidavit was signed before me on the day of� 2016 by V-606��C��. Witness my Hand and Official Seal My Commission Expires 0 64,J OVA 6di n ; Notary Public M1014ARL 9 M Li KIIEWICZ NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF WASHTENAw My COMMISSigq EXPIMS July 18, 2021 A90r6lei the Cof * pf AFFIDAVIT OF MARIE HEYS 1, Marie Heys, under oath, state and depose as follows; 1. I, along with my husband Don Heys, owned of Unit 303, Concept 600 Condominiums, located in Aspen, Colorado. We purchased this property in May, 1982 and sold it to the Smiths (Unit 302 owners) in August, 2014. 2. From the time of our purchase until we sold the unit, we used Unit 303 principally as a second, vacation home, allowing friends and family to stay there and renting the unit out on a seasonal basis to vacationing out-of-towners. 3. I do not know of any instance when rentals were made to tenants who were worldng residents as defined by the Aspen/Pit do Housing Authority. FURTHER AFFIANT SAYETH NOT. STATE OF 1 t) )ss. COUNTY OF 4jKhjf !YAW Subscribed and Sworn before me this 9 day of V 2016, by Marie Heys. Witness my hand and official seal. My Commission expires Notary Public RADZIK NOTARY uxio, swir OF m OUNTY OF wASMILAW MY COCMM SION EXPIRES Feb 2, 202t AOti Mla IN COUNTY OF 'S�t�-elvct,►,� Affidavi#.7of-I-ichar-d-P:.Copt�ac>,c I Richard P. Coppock, under oath state and depose as follows: I. I am the owner of Unit 407, Concept 600 Condominiums, located in Aspen, Colorado, since 11/01/1984. 2. My wife Patricia Althouse and I frequently.visited Aspen for the first 10 years and would stay in our unit if it was not rented. The next 20 years we have been four season occupants. 3. During that 20 year period I am not aware of any instance when Unit 302.or 303.housed a working resident as..defined-by the_Aspen/Pitkin. Housing Authority. 4. 1 have been a member of the Board of the Concept 600 Association since 2010. FURTHER AFFIANT SAYETH NOT. Richard P Coppock STATE -OFAdMa.1,0j COUNTY Subscribed and Sworn -before me this _day of �?� 2016 Witness my hand and official seal. My Commission expires Notary Public SUSANNA MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY 10 # 19964007052 MY COMMISSION EXPIRES 05-20-2020 "r✓ rr/ C t AFFID"T OF KA= I ARNOLD I, Kathryn J Arnold, under oath, state and depose as follows: 1. 1 was an owner, along with my husband, Richard Arnold, of Unit 301, Concept 600 Condominiums, located in Aspen, Colorado. My husband and I owned this property from 1989 until we sold it in 2006. 2. We frequently vacationed in our unit throughout this time and always stayed in our unit. 3. I had knowledge of the people who were the owners and tenants who resided in Units 302 and 303 (located next to unit 301) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. 4. During the entire time that we owned Unit 301, I am not aware of any instance when Unit 302 or 303 housed a working resident as defined by the Aspen/Pitlun Housing Authority. FURTHER AFFIANT SAYETH NOT. Kathryn J A no d STATE OF )ss. COUNTY OF qS4 � a Subscribed and Sworn before me this t Y day of Mkkdf . 2016 Witness my hand and official seal. My mmission expires Notary Public DAVID A NAYSS i MY COMMISSION N FF951417 • ,1,., EXPIRES January 19.2020 1101 R90.0'D9 FktrWaNme OMco.nwr. AFFIDAVIT OF SHARON PRIOR 1, Sharon Prior, under oath, state and depose as follows: 1. I owned Unit 302, Concept 600 Condominiums, located in Aspen, Colorado, from March of 1995 to May of 2000. 2. During the entire time that I owned Unit 302. I never rented to nor housed a working as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. Sharon Prior STATE OF DktAtic $t 4- ) )ss. COUNTY OF Subscribed and Sworn before me this day of ;t C , 2016, by Sharon Prior. Witness my hand and official sea). My Commission expir s OS 1-711 Notary Public RVXALD JTA pg EmM17'miiil'aw'l ) - $T�ATE OF OKLAHOMA N 8XPIAES MAY 17, a018 191AN w 12oo4722 `w vrr►` AFFIDAVIT OF LINDSAY SMITH I, Lindsay Smith, under oath, state and depose as follows; 1. 1, along with my husband Jim, are the owners of Unit 302, Concept 600 Condominiums, located in Aspen, Colorado and have owned this property since May of 2000. We started occupying it in November, 2001. We acquired Unit 303 in 2014. 2. I have spoken with many other owners to learn about the history of occupancy of Units 302 and 303 and I have not been told of any instance when Units 302 and 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. Some of this information goes back to early 1970's, when Concept 600 was built. Our personal knowledge of Units 302 and 303 is consistent with this since the time of our acquisition of unit 302 in 2000. 3. Although both Jim and I are permanent residents of Aspen, neither of us are or have been working residents as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. 0 1 Lindsay Smit STATE OF�) )SS. COUNTY OF. ) Subscribed and Sworn before me this 11 day o Z2016, by Lindsay Smith. Witness my hand a My Commission ex I, Jim Smith, under oath, state and depose as follows; 1. I, along with my wife Lindsay, are the owners of Unit 302, Concept 600 Condominiums, located in Aspen, Colorado and have owned this property since May of 2000. We started occupying it in November, 2001. We acquired Unit 303 in 2014. 2. I have spoken with many other owners of units in the Concept 600 Condominiums to learn about the history of occupancy of Units 302 and 303 and I have not been told of any instance when Units 302 and 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. Some of this information goes back to the early 1970's, when Concept 600 was built. Our personal knowledge of Units 302 and 303 is consistent with this since the time of our acquisition of unit 302 in 2000. 3. Although both Lindsay and I are permanent residents of Aspen, neither of us are or have been working residents as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. STATE OF ) ) ss. COUNTY OF ) Subscribed and Sworn before me this —dday of 2016, by Jim Smith. Witness my hand and official seal. My Commission expires . /9 �7 - "otaryypu s E . 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IHCRE... 0 • ` f F t� t� VIl9S err' TIIE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 22, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 600 E. Main, units 302 & 303, Multi -family replacement and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $325.00 3) One additional hard copy of the application. 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. Th You, 6 Jennifer Phelan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No�G GMQS Allotments Yes No—�4— Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging On rn KI C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN* hsk@kceclaw.com LANCE R. COTE, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON" kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kcectaw.com 'also admitted in Hawaii '"also admitted in California ""also admitted in New York and Massachusetts VIA HAND DELIVERY Jennifer Phelan Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 RECL:iVED MAR 17 2D17 lYyv�"OFASPEIV ""'"uAlYpEkm6i March 17, 2017 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"). Parcel IDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Jennifer, This letter is provided pursuant to our email communications concerning resuming the processing of this application for approval of the combination of the above -described Property, owned by James F. Smith and N. Lindsay Smith. The documents and fees referred to below were provided to your office on July 15, 2016, and we received your Determination of Completeness on July 19, 2016. Your processing of the application was halted due to the moratorium, which, as of March 17, 2017, has been lifted and this letter requests that you resume processing of this application. The following Exhibits were provided with the application when filed with your office previously and they do not need to be updated. Ex.1. Completed Land Use Application and signed fee agreement along with a check for $325.00 for processing fees. Ex. 2. Pre -application Conference Summary. Ex. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. Ex. 4. Title Certification from Pitkin County Title Company — Unit 302 Ex. 4.1 Title Certification from Pitkin County Title Company — Unit 303 Ex. 5. HOA Compliance form with minutes from 6/10/16 HOA Meeting. Ex. 6. Nine (9) affidavits evidencing occupancy history. Ex. 7 Floor plan of existing units Ex. 8 Floor plan of proposed combination of units. on V44W oft a — I Jennifer Phelan RAR IIED March 17, 2017 17 20 Page 2 of 4 Ex. 9. Vicinity Maps Description of the Project and Satisfaction of Applicable Code Requirements: This application seeks approval to combine two residential condominium units at the Concept 600 Condominiums. The building is a mixed -use building, located in the C-1 zone district. The subject units are each two -bedroom units of less than 1000 sq. ft. in size, with Unit 302 having 944 sq.ft. and Unit 303 having 942 sq.ft. When combined, the resulting unit (the "Combined Unit") will have less than the 2000 sq. ft. of net livable floor area allowed in the C-1 Zone district. Under the C-1 zone district regulations, the combination of residential condominium units is expressly allowed. This application demonstrates that it qualifies for an exemption from Growth Management under Code Section 26.470.070.5.8 (c) by providing affidavits proving that no local working residents have occupied either of the units. I. ZONE DISTRICT REQUIREMENTS: Code Section 26.720.150 D.14, setting forth the C-1 Zone District requirements, states in relevant part: 14. Net Livable Area (square feet): b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. (Emphasis added.) No additional floor area will be created as a result of the combination of the units. Attached at Exhibits 7 and 8 are floor plans showing the existing units (Ex.7) and the Combined Unit (Ex. 8). At the time of building permit application, the applicant will demonstrate with detailed building plans and dimensions, that no additional floor area is created by the combination of these units. II. GMQS EXEMPTION: Under Code Section 26.470.070.5.8 (c), the combination of units is exempt from Growth Management if the units have not been occupied by working residents. This section of the Code states: `✓ Roe MqR Jennifer Phelan 17 201% March 17, 2017�� Page 3 of 4 `" 41177 A'sp' c. The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. Attached at Exhibit 6 are nine (9) affidavits from past and current owners of the subject units and other units in the Concept 600 Condominiums as follows: (1) Clark Ficke: Co -Owner of Unit 202. He was an original owner of Unit 202. He purchased it in 1974 from J.R. Trueman & Associates, Inc., the developer of Concept 600.1 His affidavit certifies no working residents have occupied Unit 302 since that time. (2) Patty Ficke: Co -Owner of Unit 202. She is the spouse of Clark Fricke, an original owner of Unit 202. She began using Unit 202 in the mid-1980's. Her affidavit certifies no working residents have occupied Unit 302 since at least the mid- 1980's. (3) Robert Borcherts: Owner of Unit 208: His affidavit certifies no working residents have occupied Units 302 and 303 since at least 1975, when he purchased his unit. (4) Marie Heys: Former owner of Unit 303. Her affidavit certifies no working residents occupied Unit 303 since at least 1982, when she purchased her unit. (5) Richard Coppock: Owner of Unit 407. His affidavit certifies no working residents occupied Units 302 and 303 since at least 1984, when he purchased his unit. (6) Katryn Arnold: Former owner of Unit 301. Her affidavit certifies that during her ownership (1989-2006), no working residents occupied Units 302 and 303. (7) Sharon Pryor: Former owner of Unit 302. Her affidavit certifies no working residents occupied Unit 302 during her term of ownership (1995-2000). (8) James Smith (Applicant): Certifies that: (i) he and his wife Lindsay Smith are not working residents; (ii) they have owned and occupied Unit 302 since 2000; (iii) they purchased Unit 303 in 2014; (iv) they have learned from other owners and occupants in the Concept 600 building that there have not been any instances when Units 302 and 303 have housed a working resident; and (v) the information they have goes back to the early 1970's, when Concept 600 was first built (see affidavit of Clark Ficke — 1974, and affidavit of Robert Borcherts - 1975). 1 Mr. Ficke's affidavit incorrectly states the date of his acquisition as being in 1970. His deed, recorded Jan. 16, 1974, in Book 283, page 494, is from the developer of Concept 600 and is dated Dec. 20, 1973. 073 M Jennifer Phelan March 41 f,4 017 G'd qi� 17 2 Page o (9) Lindsay Smith (Applicant): Same certifications as above by James Smith. The affidavits from Clark Fricke and Robert Borcherts provide conclusive evidence that no local working resident ever occupied Units 302 or Unit 303. Concept 600's construction was completed in late 1973 and the first sales occurred the following year. The additional affidavits from different owners covering later time periods provide corroboration for subsequent years. The scope of all the affidavits demonstrates that this application is eligible for the exemption provided by Code section 26.470.070.5.8(c). III. AFFORDABLE HOUSING: Because the exemption under Sec. 26.470.070.5.8.0 applies, the combination of these units is exempt from Growth Management, no affordable housing mitigation is required. For the foregoing reasons, we respectfully request that the combination of these units be approved. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLC By: Herbert S. Klein *AW Jennifer Phelan From: Sent: To: Subject: sounds good Jennifer. thanks very much. Herb Klein <hsk@kceclaw.com> Wednesday, November 2, 2016 12:25 PM Jennifer Phelan Re: 600 E. Main Street All the best, herb On Nov 1, 2016, at 7:52 PM, Jennifer Phelan<Jennifer_phelan(a�,cityofaspen.com> wrote: Hi Herb: Why don't I hold onto your application for now. If the application can be processed in the future, I'd like some sort of dated letter noting the request to proceed with the former application that we can add to the file. Thanks, Jen Jennifer Phelan, AICP Deputy Planning Director Zommunity Development Department -ity of Aspen 130 S. Galena St. Aspen, CO 81611 370-429-2759 ,vww.aspenpitkin.com cWtv ZzB& RECEIVED MAR 2 4 2017 CITY OF ASPEN COMWMTY DE LOPWNT Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to :he sender that you have received the message in error and then delete it. Further, the information or opinions contained n this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual -epresentations that may or may not be accurate. The opinions and information contained herein do not create a legal or rested right or any claim of detrimental reliance. ,image003.jpg> ,vww.aspencommunityvoice.com From: Herb Klein [mailto:hsk@kceclaw.com] Sent: Tuesday, November 1, 2016 10:08 AM To: Jennifer Phelan <Jennifer.phelan@citvofaspgn.com> Subject: Re: 600 E. Main Street Hi Jennifer, l' A9' Quick question. We are anticipatithat the new code amendments will be`"Tproved and the moratorium lifted by late january-february. At that time, assuming the applicable code provisions have not changed, will you resume processing this application or will we have to resubmit it? Thanks and best regards, herb On Jul 28, 2016, at 2:01 PM, Jennifer Phelan <jennifer.phelan a,cityofaspen.com> wrote: Hi Herb: When I looked over the land use application for 600 E. Main, I just reviewed it to ensure that it had the minimum material necessary to deem it complete. It occurred to me a few days ago that the land use application may be subject to the moratorium as the property is located in the C-1 zone district. Today I met with staff and the city attorneys to discuss the application and verified that the request is subject to the moratorium and cannot be processed, sorry. I am leaving town tomorrow for a week but both Jessica Garrow and Jim True can discuss this issue further. Again, my apologies for not initially raising the issue of the moratorium. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. <image001.jpg> www.aspencommunityvoice.com Please note our new physical address and new email address and update your records accordingly. Thank you. Herbert S. Klein, Esq.(") Klein Cote Edwards Citron, LLC 101 S. Mill St., Suite 200 Aspen, Colorado 81611 Jennifer Phelan From: Jennifer Phelan Sent: Thursday, July 28, 2016 12:01 PM To: 'Herb Klein' Subject: 600 E. Main Street Hi Herb: When I looked over the land use application for 600 E. Main, I just reviewed it to ensure that it had the minimum material necessary to deem it complete. It occurred to me a few days ago that the land use application may be subject to the moratorium as the property is located in the C-1 zone district. Today I met with staff and the city attorneys to discuss the application and verified that the request is subject to the moratorium and cannot be processed, sorry. I am leaving town tomorrow for a week but both Jessica Garrow and Jim True can discuss this issue further. Again, my apologies for not initially raising the issue of the moratorium. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. ,nie city orvmwn ivanti► your, reedback! We are amending the Land Use Code to hzrther incorporate the Aspen Area Community Plan (AACK To do this, we need your feedbac on what you think these revisions aught mean for she future. It's your As,penn have your say! www.asoencommunityvo e.com *r' to THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 19, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 600 E. Main St. — Multi -family replacement exemption. and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Flat fee of $325.00. 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. Tha You Je ifer P Iran, Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes Noe� Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes Now_ Commercial E.P.F. Lodging 1%r K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk@kceclaw.com LANCE R. COTE, PC' cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON"' kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com :also admitted in Hawaii .also admitted in California "'also admitted in New York and Massachusetts July 15, 2016 VIA HAND DELIVERY Sara Nadolny Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kcectaw.com RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"). Parcel IDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Sara, This letter and the accompanying documents are an application for approval of the combination of the above -described Property, owned by James F. Smith and N. Lindsay Smith. Attached herewith are the following Exhibits: Ex.1. Completed Land Use Application and signed fee agreement along with a check for $325.00 for processing fees. Ex. 2. Pre -application Conference Summary. Ex. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. Ex. 4. Title Certification from Pitkin County Title Company — Unit 302 Ex. 4.1 Title Certification from Pitkin County Title Company — Unit 303 Ex. 5. HOA Compliance form with minutes from 6/10/16 HOA Meeting. Ex. 6. Nine (9) affidavits evidencing occupancy history. Ex. 7 Floor plan of existing units Ex. 8 Floor plan of proposed combination of units. Ex. 9. Vicinity Map Description of the Project and Satisfaction of Applicable Code Requirements: This application seeks approval to combine two residential condominium units at the Concept 600 Condominiums. The building is a mixed -use building, located in the C-1 zone district. The *AW 0 Sara Nadolny July 15, 2016 Page 2 of 4 subject units are each two -bedroom units of less than 1000 sq. ft. in size, with Unit 302 having 944 sq.ft. and Unit 303 having 942 sq.ft. When combined, the resulting unit (the "Combined Unit") will have less than the 2000 sq. ft. of net livable floor area allowed in the C-1 Zone district. Under the C-1 zone district regulations, the combination of residential condominium units is expressly allowed. This application demonstrates that it qualifies for an exemption from Growth Management under Code Section 26.470.070.5.8 (c) by providing affidavits proving that no local working residents have occupied either of the units. I. ZONE DISTRICT REQUIREMENTS: Code Section 26.720.150 D.14, setting forth the C-1 Zone District requirements, states in relevant part: 14. Net Livable Area (square feet): b) Free -Market Residential: Overall net livable area for a building or project is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free -Market residential units is permitted, but subject to the net livable size limitations herein. (Emphasis added.) No additional floor area will be created as a result of the combination of the units. Attached at Exhibits 7 and 8 are floor plans showing the existing units (Ex.7) and the Combined Unit (Ex. 8). At the time of building permit application, the applicant will demonstrate with detailed building plans and dimensions, that no additional floor area is created by the combination of these units. II. GMQS EXEMPTION: Under Code Section 26.470.070.5.8 (c), the combination of units is exempt from Growth Management if the units have not been occupied by working residents. This section of the Code states: c. The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. L"n cm Sara Nadolny July 15, 2016 Page 3 of 4 Attached at Exhibit 6 are nine (9) affidavits from past and current owners of the subject units and other units in the Concept 600 Condominiums as follows: (1) Clark Ficke: Co -Owner of Unit 202. He was an original owner of Unit 202. He purchased it in 1974 from J.R. Trueman & Associates, Inc., the developer of Concept 600.1 His affidavit certifies no working residents have occupied Unit 302 since that time. (2) Patty Ficke: Co -Owner of Unit 202. She is the spouse of Clark Fricke, an original owner of Unit 202. She began using Unit 202 in the mid- 1980's. Her affidavit certifies no working residents have occupied Unit 302 since at least the mid-1980's. (3) Robert Borcherts: Owner of Unit 208: His affidavit certifies no working residents have occupied Units 302 and 303 since at least 1975, when he purchased his unit. (4) Marie Heys: Former owner of Unit 303. Her affidavit certifies no working residents occupied Unit 303 since at least 1982, when she purchased her unit. (5) Richard Coppock: Owner of Unit 407. His affidavit certifies no working residents occupied Units 302 and 303 since at least 1984, when he purchased his unit. (6) Katryn Arnold: Former owner of Unit 301. Her affidavit certifies that during her ownership (1989-2006), no working residents occupied Units 302 and 303. (7) Sharon Pryor: Former owner of Unit 302. Her affidavit certifies no working residents occupied Unit 302 during her term of ownership (1995-2000). (8) James Smith (Applicant): Certifies that: (i) he and his wife Lindsay Smith are not working residents; (ii) they have owned and occupied Unit 302 since 2000; (iii) they purchased Unit 303 in 2014; (iv) they have learned from other owners and occupants in the Concept 600 building that there have not been any instances when Units 302 and 303 have housed a working resident; and (v) the information they have goes back to the early 1970's, when Concept 600 was first built (see affidavit of Clark Ficke — 1974, and affidavit of Robert Borcherts - 1975). (9) Lindsay Smith (Applicant): Same certifications as above by James Smith. The affidavits from Clark Fricke and Robert Borcherts provide conclusive evidence that no local working resident ever occupied Units 302 or Unit 303. Concept 600's construction was completed in late 1973 and the first sales occurred the following year. The additional affidavits from different owners covering later time periods provide corroboration for subsequent years. 1 Mr. Ficke's affidavit incorrectly states the date of his acquisition as being in 1970. His deed, recorded Jan. 16, 1974, in Book 283, page 494, is from the developer of Concept 600 and is dated Dec. 20, 1973. Sara Nadolny July 15, 2016 Page 4 of 4 The scope of all the affidavits demonstrates that this application is eligible for the exemption provided by Code section 26.470.070.5.8(c). III. AFFORDABLE HOUSING: Because the exemption under Sec. 26.470.070.5.8.0 applies, the combination of these units is exempt from Growth Management, no affordable housing mitigation is required. For the foregoing reasons, we respectfully request that the combination of these units be approved. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLC By: He&rt S. Klein L"n cm "WEDI` JUL 18 2016 CHY OF ASPEN James F. Smith and N. Lindsay Smith Application for Combination of Condominium Units 302 and 303 600 E. Main Street Units 302 and 303, Concept 600 Condominiums Aspen, Colorado 81611 Parcel IDs: Unit 302: 273707325017 Unit 303: 273707325018 July 15, 2016 INDEX Document Tab No. Completed Land Use Application and signed fee agreement along with a check for $325.00 for the Exemption...........................................................................................................1. Pre -application Conference Summary......................................................................................2. Letter from Owner authorizing the Undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative...............................................................................................................................3. Memorandum of Ownership -Accommodation No Liability Unit 302.................................4. Memorandum of Ownership -Accommodation No Liability Unit 303...............................4.1 Homeowner Association Compliance Policy...........................................................................5. Affidavitof Clark Ficke..............................................................................................................6. An 8 1/z"by 11" Floor Plan Before Combination.......................................................................7. An 81/z"by 11" Floor Plan After Combination.........................................................................8. An 81/z"by 11" vicinity map locating the parcels within the City of Aspen .......................9. ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Application for Exemption from Subdivision and Growth Management Name: to combine two condominium units. Location: Units 302 & 303 Concept 600 Condominiums, 600 E. Main St., Aspen, CO 81611 Parcel ID # (REQUIRED) Unit 302: 273707325017; Unit 303: 273707325018w � nni A kli . -1 r LI �1 . JUL 18 2016 Name: James F. Smith and N. Lindsay Smith IT�"`r�` OF AS Address: 600 E. Main St. Apt. 302, Aspen, CO 81611 � V� Phone#: 970-920-3687 REPRESENTIVATIVE: Herbert S. Klein, Esq. Name: 101 S. Mill St. #200, Aspen, CO 81611 Address: 970-925-8700 Phone#: GMQS Exemption 0 GMQS Allotment Special Review ESA-8040 Greenline, Stream Margin, Hallam Lake Bluff, 0 Mountain View Plane Commercial Design Review 0 Residential Design Variance 0 Conditional Use C] Conceptual PUD 0 Temporary Use (� Final PUD (& PUD Amendment) Subdivision Conceptual SPA © Subdivision Exemption (includes Condominiumization) Lot Split = Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Two Residential Condominium Units to be Combined PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Please see attached letter and exhibits Final SPA (&SPA Amendment) C] Small Lodge Conversion/ Expansion Other: Have you attached the following? FEES DUE: $ ® Pre -Application Conference Summary © Attachment #1, Signed Fee Agreement n/a_= Response to Attachment #3, Dimensional Requirements Form h/a 0 Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards n/ a 0 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. EXHIBIT 1 I- J 9 Agreement to Pay Application Fees An agreement between the City of Aspen ("City') and _ Property James F. Smith and Phone No.: 970-920-3687 -C C r— '^ Owner ("I"): N. Lindsay Smith Email: j imlindsaysmith@aol . c Address of Units 302 $ 303 Billing Property: 600 E. Main St. Address: same r= W c (Subject of Aspen, CO 81611 (send bills here) iT. 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. $. 325.00 flat fee for Exemption $. flat fee for $. flat fee for $. flat fee for ZFor 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 W costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete 1W 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. $ deposit for 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: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Property Owner: Name: Title: y ,*ftpe ` w CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.5.2015 PROJECT: Concept 600 — 600 E. Main St. Updated: 7.7.2016 REPRESENTATIVE: Herb Klein, 970.925.8700 REQUEST: Growth Management DESCRIPTION: The owner of free-market units 302 & 303 within the Concept 600 building is interested in combining these units. This is a mixed -use building within the C-1 zone district, and contains a combination of commercial and residential uses. Free-market housing is no longer a permitted use within this zone district; however, a recent code amendment was passed (Ordinance No. 25, Series of 2015) that allows the reconfiguration of pre-existing units within a mixed -use project, so long as no new net livable square footage is added to the project. The size of any free-market unit in the C-1 zone district is limited to 2,000 sq. ft. The applicant will need to show how this this size cap is met without turning any shared corridor or hallways space into free-market space. If this criterion is met, the request will be limited to a Growth Management Review application. The request to combine units will trigger demolition — essentially the removal of two units from Aspen's housing stock to create one new unit. According to Section 26.470.070.5, there are two options for replacing these demolished units, including the One -hundred -percent replacement and Fifty -percent -replacement options. In speaking with the project's representative the applicant is interested in pursuing the Fifty -percent -replacement option. The two units that will be demolished are both two bedroom units, therefore the applicant will be required to mitigate for the equivalent of one two -bedroom unit. This process requires a recommendation from APCHA and the review of the Planning and Zoning Commission in a public hearing. *Update: The applicants have indicated they have found evidence that meets the criteria of 26.470.070.5.8(c) — "The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents." This will be verified by Staff through occupancy records, leases, affidavits or offset documentation, as requested. If the criterion is found to be met, the application shall be exempt f vin the requirements of Multi -Family Housing Unit replacement. 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%20u se%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land -Use -Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.070.5 Demolition or redevelopment of multi -family housing ASLU GMQS 600 E. Main St. EXHIBIT 1 2 26.470.070.4 Affordable housing 26.470.070.5.8(c) Exemptions 26.575.020 Calculations and Measurements 26.710.150 Commercial (C-1) Review by: Staff for completeness Aspen Pitkin County Housing Authority (APCHA) — not required if found to b exempt from Multi -Family Housing Unit replacement Public Hearing: Planning & Zoning Commission — not required if found to be exempt from Multi - Family Housing Unit replacement Planning Fees: $3,250 for Growth Management — Minor P&Z Review Updated Planning Fees: $325: Flat Fee for, Exemption Total Deposit: $4,225 Updated Planning Fees: $325 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Total deposit for review of the application. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ 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. ❑ HOA Compliance form (Attached) ❑ 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. ❑ Written responses to all review criteria. 2 In * 00, ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ 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. *00, JAMES F. SMITH AND N. LMSAY SMITH 600 E. Main St., Apt. 9302 Aspen, CO 81611 (970) 920-3687 July 13, 2016 Sara Nadolny Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: Application for Combination of Condominium Units 302 and 303, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"). Parcel IDs: Unit 302: 273707325017; Unit 303: 273707325018 Dear Sara, This letter will confirm that Herb Klein and the other attorneys at Klein Cote and Edwards, LLC are authorized to represent the undersigned, who are the owners of the above described Property, with respect to the combination of these two condominium units and all land use matters related thereto. Mr. Klein's address and contact information is: 101 S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email: h&@,keeclaw.com If you have any questions, please feel E rde to contact me at the address above. V Y yours, mes F. Smith N. indsay Smith'- . EEXHIBIT 3 cm en MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE JAMES F. SMITH AND N. LINDSAY SMITH LEGAL DESCRIPTION UNIT 302, CONCEPT 600 CONDOMINIUM, according to the Map appearing in Plat Book 4 at Pages 442 thru 444, and as defined and described in that Declaration for Concept 600 Condominium, appearing in such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: July 1, 2016 PITKIN COUNTY TITLE, INC. BY: j7g" jjw Eve Authorized Officer JOB NO: ACCOM2755 EXHIBIT 4 on MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE JAMES F. SMITH and N. LINDSAY SMITH LEGAL DESCRIPTION UNIT 303, CONCEPT 600 CONDOMINIUM, according to the Map appearing in Plat Book 4 at Pages 442 thru 444, and as defined and described in that Declaration for Concept 600 Condominium, appearing in such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71. DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM : JAMES F. SMITH and N. LINDSAY SMITH TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF : ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE : $ 500,000.00 DATED : OCTOBER 15, 2014 RECORDED : OCTOBER 15, 2014 RECEPTION NO. : 614572 LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: JULY 1, 2016 PITKIN COUNTY TITLE, INC. BY: ?"'t. wo+- Authorized Officer JOB NO: ACCOM2756 EXHIBIT 4.1 7 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: James F. Smith Owner ("I"): Email: Phone No.: jimlindsaysmith@aol.com 970-920-3687 Address of Units 302 $ 303, Concept 600 Condominiums Property: 600 E . Main St. (subject of Aspen, CO 81611 application) certify as follows: (pick one) ❑ 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. 0 This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: �/yLc� date: 7Z191/ Owner printed name: James F. Smith or, Attorney signature: Attorney printed name: date: EXHIBIT a 5 a On ,*AW Concept 600 Board Meeting - June 10, 2016 $200 for after-hours hot tub p closing time for the hot tub (10 pm). When asked to leave, they complied. Consistent wi esta ad Hot Tub Rules, the tenant was fined $200. - The As ion's CCIOA policy states: "By Board approval, the sign on the hot tub fence COMA the first -an al -warning, and applicable fines will be immediately imposed upon /ched immediate fin violation of the Hot Tub Rules(s) is $200.00 per rule violation." - As permitted by cy, the tenant is appealing the amount of the fine as shown in th document. Resolved.• The Board declin7 ft appeal of the hot tube fine amount. Approved • Plumbing leaks from drain pipes iding service to unit 403's master toile d tub damaged the ceiling and walls in 303's master bath. - Consistent with policy and past pr ' e, the`Owner of unit 403 wa otified of the issue and of the repair work underway on the 403 dr ipe. The Owner was al informed that he would be responsible for the cost of those repair - 403 Owner and family members dispute need for the r irs, claimed repairs were not code compliant (they were code compliant) and damagi eir unit and disputed 403's liability for the repairs. - The Designated Member for the unit engaged t ner's grandson, a lawyer, as the legal representative of for the unit. Given the attorn omplaints and the threat of legal action against Jim Smith, the Board referred the issue to the As iati ttorney. The Association's attorney, Danny Sulliv as com icated with 403's attorney, Collen Meyer, for 7 weeks to complete the repairs to 403's bing. The cost for 403's plumbing repairs are currently $2,313.25. The total cost for the As ation attorney ac on behalf of the Association to enforce the Association's Declaration, policy rules is currently $6, 00 - Collen has offered to pay for t pair costs provided 403 is pt from all other costs, including legal costs. He has stated that a 1 it is possible if the Association not accept his terms. - The Board should decide much, if any, of the repair costs an al fees should be assessed against unit 403. Lacking sufficient inf atoon on the final costs related to this issue nor on gal considerations, the Board decided efer the final decision until a future meeting. Status of majo air projects since Sept. 2015 Board meeting: - The fail of a 18 yr old hot water heater in May, 2016 necessitated a replacemen . ding of —$9 will from the Reserve Fund - Se sections of the failing concrete on the 1st floor deck were replaced to direct drai way from and and Hart. Funding of —$5k will come from the Reserve Fund d e er to • The owners of units 302 and 303, Jim and Lindsay Smith would like to have internal access between their units. An opinion by Fred Peirce and a structural assessment by Ted Guy (both attached) state the proposal is consistent with the Declaration and maintains the building's structural integrity. The Smiths will pay all professional fees and reimburse the Association for attorney fees. If approved by the Board, a City building permit will be applied for to install the door. Cm Resolved.• The Board approves the installation of a door between units 302 and 303 given the opinion from Fred Peirce and the structural report from Ted Guy. The approval is conditioned on all costs being paid by the Smiths and the Smiths signing the liability waiver proposed by Fred Peirce. Approved 3-0 *Moe AFFIDAVIT OF CLARK FICKE I, Clark Ficke, under oath, state and depose as follows; 1. I, along with my wife, Patty Ficke, were the owners of Unit 202, Concept 600 Condominiums, located in Aspen, Colorado. We owned this property since it was first built in the early 1970s until we sold it in December, 2015. 2. I was a full-time resident in Unit 202 during the 1980s until the mid-1990s, and then frequently visited the property unit until about 3 years ago, when I became too ill to travel to Aspen. 3. During the period when I resided full time in Unit 202, I served on the Board of the Concept 600 Condominium Association and was its President for several years. 4. I have knowledge of the people who were the owners and tenants who resided in Unit 302 (located above Unit 202) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. S. I am not aware of any instance when Unit 302 housed a working resident as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT.10 , Clark Ficke STATE OF fAUT-og-NIAr ) )ss. COUNTY OFSft+0L 6060&,Ll) Subscribed and Sworn before me this 18 day of Fe,b. 2016, by Clark Ficke. Witness my hand and official seal. My Commission expires M5�j `[+ 2016 Notary Public MICHAEL E�RD ZUCKERMAN Commission # 1977104 ,.A Notary Public - California z z Santa Barbara County My Comm. Expires May 4, 2016 EEXHIBIT 6 AFFIDAVIT OF PATTY FICKE I, Patty Ficke, under oath, state and depose as follows: 1. I was an owner, along with my husband, Clark Ficke, of Unit 202, Concept 600 Condominiums, located in Aspen, Colorado. My husband owned this property since it was first built in the early 1970s and we owned it jointly from the mid-80s until we sold it in December, 2015. 2. I frequently visited in the early 1980s and always stayed in our unit. Then I was a full-time resident in Unit 202 from the mid-1980s until the mid-1990s, and then again frequently visited the property unit until about 3 years ago, when my husband became too ill to travel to Aspen. 3. During the period when I resided full time in Unit 202, I had knowledge of the people who were the owners and tenants who resided in Unit 302 (located above Unit 202) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. 4. During the entire time I am not aware of any instance when Unit 302 housed a working resident as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. Patty F c e STATE OF CAL.IFoaWA ) )ss. COUNTY OFSan 3aAmrg) Subscribed and Sworn before me this 18 day of F-40- . 2016, by Patty Ficke. Witness my hand and official Beal. My Commission expires Kd-i4 t ZOk b Notary Public MICHAEL EDWARD ZUCKERMAN Commission # 1977104 •w Notary Public - California z Santa Barbara County My Comm. Expires May 4, 2016 Lon lm OCCUPANCY AFFIDAVIT OF ROBERT BORCHERTS As a co-owner, along with my wife Holde Borcherts, of Unit 208 600 E. Main St., Aspen Colorado since 1975 and as a current Board Member of Concept 600 Condominium Associatio, I hereby certify that there have been no working residents, as defined by the Aspen/Pitkin Housing Authority guidelines, living in Units 302 or 303, Concept 600 since 1975. Robert Borcherts This Occupancy Affidavit was signed before me on the!'Lf day of iO f !l 2016 by Witness my Hand and Official Seal My Commission Expires .W I 0 1 )6j I MICHAEL 9 MILRILWICZ lagNOTARY PUBLIC - STATE OF MICHIGAN ' COUNTY OF WASHTENAW My Commission Expires July 18, 2021 Notary Public Actlnpinthe County of LI=._ Cn M AFFIDAVIT OF MARIE HEYS I, Marie Heys., under oath, state and depose as follows; 1. I, along with my husband Don Heys, owned of Unit 303, Concept 600 Condominiums, located in Aspen, Colorado. We purchased this property in May, 1982 and sold it to the Smiths (Unit 302 owners) in August, 2014. 2. From the time of our purchase until we sold the unit, we used Unit 303 principally as a second, vacation home, allowing friends and family to stay there and renting the unit out on a seasonal basis to vacationing out-of-towners. 3. I do not know of any instance when rentals were made to tenants who were working residents as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. q-na'4t& 4k(4� Marie H s STATE OF 1 ) ss. COUNTY OF 6W Subscribed and Sworn before me this day of 2016, by Marie Heys. Witness my hand and official seal. My Commission expires 2 Z Zo 2 1 r4) I A i I i I Irj � I /,A Notary Public LAURA NOTARY PUBLIC STATE OF MI COUNTY OF MY COMMISSION EXPIRES Feb IZ 2021 ACTN G MI COUNTY OF 4A5h1-e CM cm Affidavit of Richard P. Coppock I Richard P. Coppock, under oath state and depose as follows: 1. 1 am the owner of Unit 407, Concept 600 Condominiums, located in Aspen, Colorado, since 11/01/1984. 2. My wife Patricia Althouse and I frequently visited Aspen for the first 10 years and would stay in our unit if it was not rented. The next 20 years we have been four season occupants. 3. During that 20 year period I am not aware of any instance when Unit 302 or 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. 4. 1 have been a member of the Board of the Concept 600 Association since 2010. FURTHER AFFIANT SAYETH NOT. Richard P Coppock STATE OF Mnlidn ) COUNTY OFVl\ ) Subscribed and Sworn before me this day of 2016 Witness my hand and official seal. My Commission expires, Notary Public SUSANNA MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY 10 # 19964007052 MY COMMISSION EXPIRES 05-20-2020 `r✓ 0 AFFIDAVIT OF KATRYN I ARNOLD I, Kathryn J Arnold, under oath, state and depose as follows: 1. I was an owner, along with my husband, Richard Arnold, of Unit 301, Concept 600 Condominiums, located in Aspen, Colorado. My husband and I owned this property from 1989 until we sold it in 2006. 2. We frequently vacationed in our unit throughout this time and always stayed in our unit. 3. I had knowledge of the people who were the owners and tenants who resided in Units 302 and 303 (located next to unit 301) during the time of my occupancy, including Jim and Lindsay Smith, who acquired Unit 302 in May, 2000. 4. During the entire time that we owned Unit 301, I am not aware of any instance when Unit 302 or 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. e rv� Kathryn J A no d STATE OF 1'10120- COUNTY OF ��)ss.4 ) Subscribed and Sworn before me this J'[ day of M#kdf . 2016 Witness my hand and official seal. I-.— My mmission expires ,.9�✓ �� , Notary Public ,,W. DAVID A HAYES ' •' MY COMMISSION 0 FF951417 EXPIRES January 19. 2020 I�C1�:Wp-0'>9 FkwvM% .a rdowcmr cm AFFIDAVIT OF SHARON PRIOR I, Sharon Prior, under oath, state and depose as follows: 1. I owned Unit 302, Concept 600 Condominiums, located in Aspen, Colorado, from March of 1995 to May of 2000. 2. During the entire time that I owned Unit 302. I never rented to nor housed a working as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. Sharon Prior STATE OF NL.Oom 4 COUNTY OF dk(4 v"* )ss.) T Subscribed and Sworn before me this ( day of, 2016, by Sharon Prior. Witness my hand and official seal, My Commission expirs !!s ��Ile,F Notary Public .D S PS RIwe • STATE OF OKLAH OMAMf 6®MINION EXPIRES MAY 17,2016 MIEEION t 1200722 rn AFFIDAVIT OF LINDSAY SMITH I, Lindsay Smith, under oath, state and depose as follows; 1. I, along with my husband Jim, are the owners of Unit 302, Concept 600 Condominiums, located in Aspen, Colorado and have owned this property since May of 2000. We started occupying it in November, 2001. We acquired Unit 303 in 2014. 2. I have spoken with many other owners to learn about the history of occupancy of Units 302 and 303 and I have not been told of any instance when Units 302 and 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. Some of this information goes back to early 1970's, when Concept 600 was built. Our personal knowledge of Units 302 and 303 is consistent with this since the time of our acquisition of unit 302 in 2000. 3. Although both Jim and I are permanent residents of Aspen, neither of us are or have been working residents as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. & Lindsay Smit STATE OF(ZIeZa � ) )ss. COUNTY OF ) Subscribed and Sworn before me this 11 fday o Z, 2016, by Lindsay Smith. Witness my hand a My Commission ex 0 0 AFFIDAVIT OF IIM SMITH I, Jim Smith, under oath, state and depose as follows; 1. I, along with my wife Lindsay, are the owners of Unit 302, Concept 600 Condominiums, located in Aspen, Colorado and have owned this property since May of 2000. We started occupying it in November, 2001. We acquired Unit 303 in 2014. 2. I have spoken with many other owners of units in the Concept 600 Condominiums to learn about the history of occupancy of Units 302 and 303 and I have not been told of any instance when Units 302 and 303 housed a working resident as defined by the Aspen/Pitkin Housing Authority. Some of this information goes back to the early 1970's, when Concept 600 was built. Our personal knowledge of Units 302 and 303 is consistent with this since the time of our acquisition of unit 302 in 2000. 3. Although both Lindsay and I are permanent residents of Aspen, neither of us are or have been working residents as defined by the Aspen/Pitkin Housing Authority. FURTHER AFFIANT SAYETH NOT. STATE OF ) )ss. 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