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HomeMy WebLinkAboutLand Use Case.121 E Hyman Ave.0048.2017.ASLUv � � 0 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 8, 2017 Dear City of Aspen Land Use Review Applicant, rn'PIVED in Q 9 20,17 :ar N T We have received your land use application for 121 E. Hyman Ave., ADU Development Order Amendment have reviewed it for completeness (and not compliance). Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $975.00 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. ii You, er Phel Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No-)4 Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging PATH: G/DRIVE /ADMRISTRATIVE/ADMIN/LANDUSE CAPDOCS "m Cj THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0048. 2017.ASLU PROJECT ADDRESS 121 E HYMAN AVE PARCEL ID 2735 124 71002 PLANNER REILLY THIMONS CASE DESCRIPTION CONDO PLAT AMENDMENT REPRESENTATIVE ADU DEVELOPMENT ORDER AMENDMENT DATE OF FINAL ACTION AUGUST 10, 2017 CLOSED BY ANGIE SCOREY 10.30.17 Permit_ 273 S— — l Z q — 6- aez File Edit Reccrd Navigate Form Reports Format A iLj A A --7j Tab Help -- 77 2 Jump K J Main I Custom Fields Routing Status Fee Summari actions Routing History r-- °�� Permit tyslupe .�sFen Land Use Permit CC�2.2C 1'.ASLU Address 1121 E H' I•IA.td r 'JE ApOuite 14 citj `ASPEN — State Zip 21 =11 Permit Information aster permit Routing queue aslu1 Project F---- Status-endinc Description kPPLICATION FORADU;CARRIAGE HOUSE DEVELOPNIEN7 ORDER;; U`E rOINNHOMES, LOTA Submitted t•IF-CH H}:.4S9257819 Cods Running DaysF Cl emitted via 1 Owner Applied CcdC9j2C17 Approved Issued ClosedrFinal Expires C_;C4;2C18 Last name C. "RCN First name At1CREs: 2379EARLS CT LOSANGELES CA90077 Phone C Address Applicant R Owner is applicant? ❑ Contractor is applicant? Last name CA:-70N First name A.NDREA 2379EARLS CT LOSANGELES CA90077 Phone �:: - Cult * 30687 Address Email Lender Last name First name Phone t Address Cl- *+1M,W) �S 0 AspenGold5 (server) angelas - 1 of 1 0 0 NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY COMMONLY DESCRIBED AS 121 EAST HYMAN STREET; AKA THE UTE WEST TOWNHOMES, LOT A, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 273512471002 APPLICANT Andrea Cayton REPRESENTATIVE: Mitch Haas, Haas Land Use Planning, LLC SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a duplex residence located at 121 East Hyman Street, according to the Ute West Townhomes Plat recorded on July 18, 2001 in Plat Book 58 at Page 17 as Reception No. 456615 of the real estate records of Pitkin County, Colorado, and as defined and described in the Amended and Restated Declaration of Covenants and Restrictions for the Ute West Townhomes recorded August 24, 2001 as Reception No.457969, Pitkin County, Colorado. The Applicant is requesting an amendment to an ADU development order, pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. SUMMARY: Ute West Townhomes consists of a condominiumized duplex, Lots A and B, with one ADU associated with each dwelling unit. The subject property, Lot A, constructed an accessory dwelling unit for the purposes of affordable housing mitigation,. Based upon Planning and Zoning Commission approval, a Restrictive Covenant was filed on June 14, 2001 and recorded on July 25, 2001 (Reception #456869). The Applicant proposes the removal of the ADU and vacating the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs that were developed prior to the adoption of Ordinance No. 35 (Series of 2015). In order to initiate the vacation of the deed restriction, the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use Code allows for the required mitigation to be achieved by either a fee -in -lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant has stated that they intend to obtain and extinguish the required .38 Category 2 Affordable Housing Certificates. Additionally, the structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. The Applicant is aware of the necessary changes and will remove the existing kitchen facilities in the ADU. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of an ADU/Carriage House. I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII) IIIII IIIII IIIIIII II IIII RECEPTION#: 640582, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 08/10/2017 at 02:23:54 PM Janice K. Vos Caudill, Pitkin County, CO • • DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request to vacate the ADU subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of .38 FTE provided at a Category 2 rate. This requirement may also be met by fee -in -lieu -payment. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both of these conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and fled with the Pitkin County Clerk and Recorder. APPROVED BY: JJ sicaGarro Date mmunity elopment Director CONSENTED TO: Attachments: Exhibit A — Original ADU Deed Restriction (Reception # 456869) Exhibit B — Application (not recorded) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to the CUyJof 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this I I day of lxzk, 2047 , byAda asre=h WITNESS MY HAND AND OFFICIAL SEAL My commission expires: N REN REED PATTERSON ATTACHMEN NOTARY PUBLIC STATE OF COLORADO COPY OF THE PUBLI RY IF.Dxplres Fe4bruary 15 2020 u E PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site -specific development plan, and the creation of a vested property right pursuant to the Land Use Code of Me City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property:, Parcel ID 2735- 1247-1002; legally described as Ute West Town - homes, Lot A, commonly known as 121 East Hy- man Street, City of Aspen, County of Pitkin, Colorado. The approval allows for the removal of an Accessory Dwelling Unit and vacation of the associ- ated deed restriction. The change is depicted in the land use application on file with the City of Aspen. For further information contact Reilly Thimons at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado, reilly.thimons®cityo faspen.com,(970) 429-2754. C' of led en in Pu m The Aspen Times on August 10. 2017 0000097161 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 application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Andrea Carton, 2739 Earls Court, Los Angeles, CA, 90077 Property Owner's Name, Mailing Address Ute West Townhomes, Lot A., 121 East Hyman Street. Legal Description and Street Address of Subject Property The Applicant has received approval for the removal of an Accessory Dwelling Unit and vacation of the associated deed restriction.. Written Description of the Site -Specific Plan and/or Attachment Describing Plan Amendment to a Development Order for an Accessory Dwelling, Unit. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 10, 2017 Effective Date of Development Order (Same as date ofpublication of notice of approval.) August 11, 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 August, 2017, by the City of Aspen Community Development Director. J sica Garrow, nmunity Development Director r1 L • HAAS LAND PLANNING, LLG a ---AT 4s�A RECEIVED June 2, 2017 JUN 09 2017 RECEIVED CITY OF i-NSPEEN JUN 0 9 2017 Jessica Garrow, Director (;( - -LOPMENT Aspen Community Development Department CITY OF ASHE-N 130 South Galena Street CO:WL4, Ty x*VE ?�ME[I Aspen, CO 81611 RE: Amendment of an ADU/Carriage House Development Order for 121 East Hyman Avenue (Ute West Townhomes, Lot A) Dear Jessica: Please consider this letter and the attached drawings to represent a formal request for an amendment to a development order for an ADU at 121 East Hyman Avenue. The deed restriction for the unit was recorded at Reception No. 456869. The applicant would like to vacate the deed restriction and decommission the accessory dwelling unit. To enable as much, the Applicant will obtain and extinguish 0.38 Category 2 Affordable Housing Certificates. A duplex occupies the site, each with an ADU. The ADUs were developed as part of the duplex, pursuant to Planning and Zoning Commission Resolution 98- 20. The subject property is legally described as Ute West Townhomes, Lot A and is located on East Hyman Avenue between S. Aspen and S. Garmisch Streets. It is zoned Resident Multi -Family (RMF), and its Parcel Identification Number is 2735-124-71-002. Section 26.520.090.0 of the Code provides the rules for removing an ADU and states as follows: An amendment application that proposes to physically remove an ADU or Carriage House from a property and vacate the deed restriction may be approved by the Community Development Director if all of the follozning criteria are met. To remove or decommission a Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met prior to complying znith this subsection. For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35, Series 2015: • 420 E. MAIN STREET, SUITE 10-B ASPEN, COLORADO • 8161 1 • PHONE: (970) 925 7819 MITCH@HLPASPEN.COM 1. The applicant shall provide affordable housing mitigation for .38 full- time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee -in -lieu payment according to the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from time to time. (Commentary - The .38 figure reflects a typical ADU being a studio or one -bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.) This is not a Mandatory Occupancy ADU. Therefore, the requirements of 26.520.090.B are not applicable. The applicant will provide affordable housing mitigation for 0.38 FTEs at the Category 2 rate by extinguishing a Certificate of Affordable Housing Credit. 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. The applicant will obtain a building permit to decommission the ADU by removing the kitchen and remodeling the space in a manner allowed by the Land Use Code and the applicable Building Codes. The applicant understands that a final inspection by the Chief Building Officer must be issued before a release of the deed restriction can be filed with the Clerk and Recorder. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/ Manager 121 E. Hyman ADU Removal Request Page 2 • • Attachments: Exhibit 1: Land Use Application, Dimensional Requirements Form, and HOA Compliance Form Exhibit 2: Pre -Application Conference Summary Exhibit 3: Vicinity Map Exhibit 4: Proof of Ownership Exhibit 5: Authorization for Haas Land Planning, LLC to represent the Applicant Exhibit 6: Executed Fee Agreement Exhibit 7: P & Z Resolution No. 98-20 Exhibit 8: ADU Deed Restriction RECEII/EiD JUN 0 9 2017 CITY OF ASP` N Ca tl irr' 'vcLJt='M1=N7 121 E. Hyman ADU Removal Request Page 3 ATTACHMENT 2 - LAND USE APPLICATION Location: I G-1 Td I n.._1 in u /nrni 11017n% GMQS Exemption GMQS Allotment Special Review ESA —8040 Greenline, Stream 0 Margin, Hallam Lake Bluff, Mountain View Plane Commercial Design Review [� Residential Design Variance Conditional Use C WA i Et Conceptual PUD Temporary Use Final PUD (& PUD Amendment) Subdivision C_I Conceptual SPA [_] Subdivision Exemption (includes Condominiumization) Final SPA (&SPA C� Lot Split Amendment) Lot Line Adjustment r___ _II Small Lodge Conversion/ Expanse n Other: ADOy� EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $]� Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 50501 Project: 12,1 5 Applicant: Location: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM I il"I�M A DV A Zone District: R/AF Lot Size: 5 C 6oip- ec 1 Air, C�o?j2�y Assessox,- Lot Area: 3 06 0 S-ic (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: /V �' _ Proposed: Number of residential units: Existing: f- Proposed: J— Number of bedrooms: Existing: A Proposed: Proposed % of demolition (Historic properties only): _IV 4 DIMENSIONS: i,na A . ���4 L^�tS\\ J Floor Area: Existing: 1A20SI Allowable: 3G/X� Proposed Ab ChanA� Principal bldg. height: Existing: Al ed Allowable: /%(/74Proposed Access. Bldg. height: Existing: AIA Allowable: N/A Proposed. - On -Site parking: Existing: Required: I/ Proposed Site coverage: Existing: Required: -1i Proposed l/ Open Space: Existing: Ji Required: Proposed Front Setback: Existing: Required ,i Proposed Rear Setback: Existing: Required: Proposed t/ Combined F/F: Existing: Required Proposed Side Setback: Existing: Required: " Proposed l/ Side Setback: Existing: '/ Required " Proposed 11 Combined Sides: Existing: '/ Required Proposed 11 Distance between Bldgs. Existing: Required: J' Proposed I/ Existing: " Required: Proposed: l� Existing non -conformities or encroachments: /VU Variations requested: AIOIi,,,.- March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 .111M 11 A )ni-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 orAttorney representing the property owner. Property Owner Name:{� �+� � ("I") Ema': VR0C;4�;1A0@6bLlDRIG#KSrG;WneNo.: C M� Address of �2 E WMNA AVE. Property: (�W � /� 111 (subject of �`�i G►` / 9�ry 1 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. L9a 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. SEE 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: date: 16, 1-7 Owner printed name: No Attorney signature: date: Attorney printed name: • i !„r►h oil JUN 0 9 2017 CIT�Y�p, F ASPSN ADJACENT PROPERTY OWNER APPROVAL LETTER I, (print name) u e authorized agent of OFM Holdings LP, owner of the property locat d t 123 E. Hyman Avenue (Ute West Townhomes Lot B) and adjacent to the pr erty located at 121 E. Hyman Avenue (Ute West Townhomes Lot A) provide this letter as written approval of the plans with Issue Date of 2-3-2017 (Exterior Elevations) and Issue Date of 2-14-2017 (Floor Plans) which have been submitted to me for the proposed improvements to be completed at 121 E. Hyman. I understand that the proposed improvements include, but are not limited to: • Interior renovation of entire unit including reconfiguring interior space and replacing all finishes • Exterior renovation of entire unit including new exterior finishes, alteration of some roofs, and reallocation of interior and deck space on the Second Floor • Abandonment of ADU unit in basement and allocating said space to the primary residence • Relocating kitchen on Second Floor to area of north deck on same level • Relocating living space from the south end of Second Floor to the new kitchen on the north end of the same level • Expansion of flat roof area over new kitchen understand that minor modifications may be made to the plans over the course of the development of the design and review process. 3- t0-0Z0 (Date) EXH • IBIT • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter, 429.2752 DATE: May 08, 201 PROJECT: 121 E Hyman, lot A REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The Applicant is interested in amending a Development Order for an ADU at the subject property. The deed restriction for the unit was recorded at Reception No. 456869. The ADU was developed in a duplex as demonstrated by the Planning and Zoning Resolution No. 20 (Series of 1998), reception number 422125, for a conditional use for two accessory dwelling units on 123 E Hyman Avenue. The lengthy conditions listed in the resolution will be reviewed. To remove the deed restriction from the unit pursuant to 26.520.090.C, the Applicant shall provide mitigation for 0.38 Category 2 FTEs in the form of Affordable Housing Certificates or fee -in -lieu. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning/ Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.0 Removing an ADU/Carriage House Review by: Staff for application completeness and Community Development Director Public Hearing: NA Planning Fees: $975 planning deposit, three hours. Additional hours billed at $325 per hour. Total Deposit: $975" To apply, submit the following information: JUN 0 9 2017 ❑ Completed Land Use Application and signed fee agreement. CITY OF ASPS-N ASLU ADU/Carriage House 121 E Hyman PID: 273512471002 • ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form ❑ Written responses to all review criteria in Sec. 26.520.090.0 ❑ 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: ❑ Total deposit for review of the application. ❑ 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. .i 9 0 Y m d p c 0 O v_ m ° E S2 'Z v 'c m v c m m _ CD U mffi in m° m c°� -° m m CO vLLi m Z) N O �f ; d U1 � � ❑❑ c m n Ir U ll a a 0 U) w F° �s7 CJ v 0 z EXHIBIT d D D C6(L) W2- ") c a Om`� a cu m 03 � o � O T Q C O_�`oln H 3 cm Q a O N N c O O N N N a)C Z Q U O� (n C .L. a 'o 0) �y U d U m EXHIBIT D ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 81611 OWNERSYDP & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: May 15, 2017 Property Address: 121 East Hyman Avenue, Lot: A, Aspen, Colorado 81611 Schedule No: R018611 Parcel No: 273512471002 Taxes: Taxes for 2016 have been paid in full in the amount of: $11,805.88. Taxes for 2017 are not yet due or payable. Legal Description: Lot A, according to the UTE WEST TOWNHOMES PLAT recorded on July 18, 2001 in Plat Book 58 at Page 17 as Reception No. 456615 of the real estate records of Pitkin County, Colorado, and as defined and described in the Amended and Restated Declaration of Covenants and Restrictions for the Ute West Townhomes recorded August 24, 2001 as Reception No. 457969, Pitkin County, Colorado. Record Owner: Andrea Cayton, Trustee of the Andrea Cayton 1996 Trust Dated November 13, 1996, as Amended. The following liens were found affecting the subject property: Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents, from Andrea Cayton, Trustee of the Andrea Cayton 1996 Trust dated November 13, 1996 as Amended, to the Public Trustee of Pitkin County for the benefit of Overland Financial Co. LLC., a California limited liability company, to secure an indebtedness in the principal sum of $3,018,485.41, dated March 20, 2009, and recorded March 31, 2009, as Reception No. 557676, and Deed of Reconveyance dated February 29, 2016, and recorded March 7, 2016, as Reception No. 627535. NOTE: The Deed of Reconveyance dated February 29, 2016, and recorded March 7, 2016, as Reception No. 627535, MAY be sufficient for releasing the Deed of Trust, recorded as Reception No. 557676. TELEPHONE (970) 925-7328 A e A FACSIMILE (970) 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 Attorney I Tile Insurance Agency of Aspen, LLC By: WintW Van Alstine, Au&wized Officer or Agent C TELEPHONE (970) 925-7328 A A A FACSIMILE (970) 92,5-7348 RECEPTION#: 557676, 03/30009 at Janice K. Vos Caudill, Pitkin 12:58:47 PM, 1 OF 25, R*$126.00 County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: OVERLAND FINANCIAL COMPANY 5150 OVERLAND AVE CULVER CITY CA. 90230 DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING, AND ASSIGNMENT OF LEASES AND RENTS NOTICE: THIS DEED OF TRUST ALSO CONSTITUTES AND IS FILED AS A FIXTURE FILING PURSUANT TO SECTIONS 9313 AND 9402 (6) OF THE CALIFORNIA COMMERCIAL CODE. This DEED OF TRUST AND ASSIGNMENT OF LEASES AND RENTS (this "Deed of Trust") is given as of March 20, 2009, by ANDREA CAYTON, TRUSTEE OF THE ANDREA CAYTON 1996 TRUST DATED NOVEMBER 13, 1996 AS AMENDED, ('Borrower"), whose address is C/O Goldrich & Kest, 5150 Overland Avenue, Culver City, CA 90230, in favor of OVERLAND FINANCIAL CO. LLC., a California limited liability company ("Trustee") whose address is 5150 Overland Ave., Culver City, Ca. 90230, for the use and benefit of OVERLAND FINANCIAL CO. LLC, a California limited liability company ("Lender"), whose address 5150 Overland Avenue, Culver City, California 90230. ARTICLE I PARTIES, PROPERTY, AND DEFINITIONS The following terms and references shall have the meanings indicated: 1.1. Beneficiary: Lender, together with any future holder of the Note. 1.2 Chattels: All goods, furniture, furnishings, fixtures, inventory, equipment, building and other materials, supplies, and other tangible personal property of every nature now owned or hereafter acquired by Grantor and used, intended for use, or reasonably required in the beneficial development, ownership, use, occupancy, operation, or maintenance of the property, together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof. 1.3. Grantor: Borrower, together with any successor assign, or future owner of the Property or any part thereof or interest therein. 3/24/2009 12:18:06 PM Core Document 1 of 24 RECEPTION#: 557676, 03,012009 at 12:58:47 PM, 2 OF 25, • Janice K. Vos Caudill, Pitkin County, CO and symbols or logos used in connection therewith, or any modifications or variations thereof, in connection with the operation of the improvements existing or to be constructed on the Property, together with all accounts monies in the possession of Beneficiary (including, but no limited to, retainages and deposits for taxes and insurance) contract rights and general intangibles (whether now owned or hereafter acquired, and including proceeds thereof) relating to or arising from Grantor's ownership, use, operation, leasing, or sale of all or any part of the Property, specifically including but not limited to, any right that Grantor may have or acquire to transfer any development rights from the Property to other real property, and any development rights that may be so transferred. 1.5. Leases: Each present and future lease, license, or other agreement for the occupancy, possession, or use of all or any part of the Property (including, but not limited to, an rooms or other accommodations for guests or other transient occupants and any storage space, containers, or other facilities). 1.6. Loan Documents: The Note, all of the deeds of trust mortgages, and other instruments and documents securing the Note (including this Deed of Trust), and each other document execute or delivered in connection with the transaction pursuant to which the Note has been executed and delivered. The term "Loan Documents" also includes all modifications, extensions, renewals, and replacements of each document referred to above. 1.7. Note: Grantor's Promissory Note Secured By Deed of Trust of even date herewith, payable to the order of Beneficiary in the principal face amount of $3,018,485.41 together with all renewals, extensions, and modifications of such Promissory Note. All terms and provisions of the Note are incorporated by this reference in this Deed of Trust. 1.8. Permits: All permits, licenses, certificates, and authorizations necessary for the beneficial developments, ownership, use, occupancy, operation and maintenance of the property. 1.9. Property: The Real Property Chattels, Intangible Personalty and Leases, together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof. 1.10. Real Property: The tract or tracts of land described in Exhibit A attached, together with the following: 121 EAST HYMAN AVENUE, UNIT A, ASPEN, CO 81611 [Property Address] (a) All buildings, structures, and improvements now or hereafter located on such tract or tracts, as well as all rights -of -way, easements, and other appurtenances thereto; (b) All of Grantor's right, title, and interest in any land lying between the boundaries of such tract or tracts and the center line of any adjacent street, road, avenue, J25 /'1009 1 1:32:09 AM t7nn. Uocumcmi, 2 of 24 RECEPTION#: 627535, 7/2016 at 09:56:41 AM, 1 OF 1, R $110 Janice K. Vos Caudil Pitkin County, CO RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Andrea Cayton c/o Overland Financial Co. 5150 Overland Avenue Culver City, Ca. 90230 Loan No., OFC00316 DEED OF RECONVEYANCE WHEREAS, the indebtedness secured by the Deed of Trust EXECUTED BY ANDREA CAYTON, TRUSTEE OF THE ANDREA CAYTON 1996 TRUST DATED NOVEMBER 13,1996 AS AMENDED TRUSTOR (S) TO OVERLAND FINANCIAL COMPANY, a California limited liability company TRUSTEE (S) dated March 20, 2009 and recorded as Reception No. 557676 on March 31, 2009, in Book/Reel N/A, Page/Image N/A, of Official Records in the Office of the County Recorder of Pitkin County, State of Colorado has been paid. NOW THEREFORE, the present Trustee(s) under said Deed of Trust do(es) hereby reconvey unto the parties entitled thereto all right, title and interest which has heretofore acquired by said Trustee(s) under said Deed of Trust, in the lands situated in City of Aspen, County of Pitkin, State of Colorado, described as follows, to wit: "LEGAL DESCRIPTION AS SET OUT IN SAID DEED OF TRUST." OVERLAND FINANCIAL COMPANY a California limited liability company Dated this 29th day of February , 2016 By; Barry ayton, Manager Ij"A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (Civil Code-1189 and 1 l95)". STATE OF CALIFORNIA COUNTY OF LOS ANGELES FOR NOTARIAL SEAL OR STAMP On Febht".r..t o�%C\ —LOX [v before me, deli 5..1c.Lgr Notary Public personally appeared Barry Cayton, Manager who proved to me me on the basis of satisfactory evidence to be the person(s1 whose nameW is/are subscribed to the within instrument and acknowledged to me that he/si+e/thW executed the same in his/lwr/dveir authorized capacity(tee), ROOOLFO BALAUR and that by his/.her/tieir signatureM on the instrument the person(14, or Camminlon I LAZAR 3 the entity upon behalf of which the personb*acted, executed the instrument. Notify Public - Ctafernle I certify under penalty of perjury under the laws of the State of California that Lot Angelis Coumy foregoing paragraph is true and correct MyComm. Rolfes May 12.2019+ WITNESS my hand and official sea] Signature �� (Sea] C:j City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 R E C F RE: 121 E. Hyman Ave (Ute West Townhomes, Lot A) PID# 2735-124-71-002 SUN 0 9 2017 Amendment of ADU/Carriage House Development Order C'TY OF AS, ''N1rY VELOPMtNT To whom it may concern: As applicant for an Amendment to an ADU Deed Restriction Order on the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) and Menendez Architects PC (MA) to act as the designated and authorized representatives for the preparation, submittal and processing of an application requesting the approval listed above, as well as, any subsequent or incidental applications or requests associated therewith. HLP and MA are also authorized to represent me in meetings with City staff, the Housing Board, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, Andrea Cayton Trust 2379 Earls Court Los Angeles, CA 90077 RIETAM FOR PEMAKI(T n-COM • EXHIBIT MN Agreement to Pay Application Fees An agreement between the City of Aspen ("City") andy 0 201I Property Andrea Cayton Trust Phone No.: n Owner ("I"): Email:Co 1QRoGNV',11OQ Got,0Z%CA E9: CoM' Address of 121 East Hyman Ave, Aspen Billing 2739 Earls Court Property: Address: Los Angeles, CA 90077 Ti (subject of (send bills here) g r � application) ZD f0. I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use application z and the payment of these fees is a condition precedent to determining application completeness. I understand{ that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for flat fee for flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-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 an 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 ourly rates hereinafter stated. $ 975 v deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Jessica Garrow Community Development Director City Use: D�a �7 Fees Due: $ Received: $�_� Property Owner: Andrea Cayton Trus 5ae-7 P&Z Resolution 98-12 Page 1 • EXHIBIT RESOLUTION OF THE ASPEN PLANNING AND ZONING COM FOR THE APPROVAL OF A CONDITIONAL USEYOR TWO (2) AC DWELLING UNITS ON 123 EAST HYMAN AVENUE (LOTS E AND F, CITY AND TOWNSITE OF ASPEN), CITY OF ASPEN Resolution 98- '5�0 WHEREAS, The Community Development Department received an application from Davis -Horn, Inc., on behalf of RK Land and Cattle Co., owners, for a Conditional Use Review of two (2) below -grade Accessory Dwelling Units having approximately four hundred eighty (480) square feet each; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, City Zoning, Sanitation, and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on July 21, 1998, and continued to August 4, 1998 at which time the Commission approved by a 7-0 vote the Conditional Use for the 123 East Hyman Avenue Accessory Dwelling Units with the conditions recommended by the Community Development Department as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for two (2) below -grade Accessory Dwelling Units containing approximately 480 square feet each and attached to the corresponding residences on Lots E and F, Block 69, City and Townsite of Aspen is approved with the following conditions: 1. Prior to the issuance of anybuilding permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office, for each 'of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one -bedroom units; e. Provide a minimum of one off-street parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of - way; ! IIIlII Illll IIIIII !lIIII III III!!I IIIIII III IIlII IIII lill 422125 09/18/1998 11:33A RESOLUTI DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO P&Z Resolution 98A0� Page 2 • g. Locate any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; j. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; 1. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; in. Verify that the proposed plans for the ADUs will comply with all UBC requirements, including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the walk and curb, meeting the standards of the City Engineering Department; the existing driveway curb, cut must be removed and replaced with full height curb and gutter; and, c. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required. r,�•..� 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated Illlli IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII 422125 09/18/1998 11:33A RESOLUTI DAVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO P&Z Resolution 98 6 A • . Page 3 (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. The ADUs shall not be entitled to any on -street guest parking passes. Primary on -street parking passes for the ADUs will be permitted only if the units are rented. 9. There shall be no interior connections or doorways between either of the ADUs and either of the principal residences. Going from one ADU to the other, or from one ADU to either of the principal residences shall require going outside the building(s). 10. All material representations made by the applicant in this application and during public meetings- with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. APPROVED by the Commission at its regular meeting�oq A Est 4, 1998. APPROVED AS TO FORM:x�+' p� U C' i f x 4 I" avid Hoefer, Assistant City Attorney Attest: Planning and Zoning Commission: Sara Garton, Chairperson 11111111111 HIM IIIIIIIIII 111111111111111111111111111111 422126 09/18/1998 11:33A RESOLUTI DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO S JUN 0 9 2000 EXHIBIT (;ITS' F ASP!:':N! ACCESSORY DWELLING UNIT DEED (RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 14 day of June, 2001, by RK Land and Cattle Company, LLC ("Owner"), for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded at Reception No. 445444 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WITNESSETH WHEREAS, Owner owns that parcel of real property located at 121 East Hyman, in the City of Aspen, County of Pitkin, Colorado, more specifically described in Exhibit "A" attached (the "Property"), which will contain a 480 net livable square foot accessory dwelling unit ("Unit"), approved by the Aspen Planning and Zoning Commission by Resolution No. 98-20, recorded September 18, 1998 as Reception No. 422125; and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code, NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and a s may be amended from time to time by the Authority governing "resident -occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the authority within ten (10) days of the approval of a qualified resident. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non- complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other tenn or condition, nor shall failure to enforce any one of the 11111111111111111111111111111111111111111111111111111 456869 07/25/2001 01:14P DEED RES DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO • 0 terms or conditions, either by forfeiture or otherwise, be construes as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: RK Land and Cattle Company, LLC �5RBy: car rC Garret S. Brandt, Manager Mailing Address: 420 E. Main Street, Suite 204 Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) RECEIVED JUN 0 9 2017 CITY OF ASt IMN "'OWL',NM' DEVELPMEN The foregoing instrument was acknowledged before me this 14th day of June, 2001, by Garret S. Brandt, Manager of RK Land and Cattle Company, LLC. WITNESS MY hand and official seal. My Commission expires:/0,9 /.?w Notary Public 111111111111111111111111111111111111111111111111111 IN 456869 07/25/2001 01:14P DEED RES OAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 • • ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Ja, yn A. Kasabach, Chairperson Mailing Address: 530 East Main Street, Lower Level Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this, day of I-Tt1A.0L-, 2001, by Jacquelyn A. Kasabach, Chairperson, Aspen/Pitkin County Housing Authority. WITNESS MY hand and official seal. My Commission expires: OA, Notary Public IIIIII 1111111111111111111111111 HIM III 111111111 III 436869 07/25/2001 01:14P DEED RES DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 0 i Exhibit "A" Legal Description Lot A, Ute West Townhomes, according to the Plat thereof recorded on J U- 1'�2001, in Plat Book ? at Page I? as Reception No. 45'6¢ /.5 , and as described in the Declaration recorded on 1 , 2001, as Reception No. SG (e / �f , in the office of the Clerk and Recorder of Pi in County, Colorado. JUN 0 9 2011 CIT`(0 111111111111111111 III 111111 IIIII HIM 11111III IIII IN 456869 07/25/2001 01:14P DEED RES DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 13 u • HAAS LAND PLANNING, LLC June 2, 2017 RECEIVE:[) JUN 0f'2017 Jessica Garrow, Director CITY OF ASPEN Aspen Community Development Department ONAYIU " DEVELOP'I,IENT 130 South Galena Street Aspen, CO 81611 RE: Amendment of an ADU/Carriage House Development Order for 121 East Hyman Avenue (Ute West Townhomes, Lot A) Dear Jessica: Please consider this letter and the attached drawings to represent a formal request for an amendment to a development order for an ADU at 121 East Hyman Avenue. The deed restriction for the unit was recorded at Reception No. 456869. The applicant would like to vacate the deed restriction and decommission the accessory dwelling unit. To enable as much, the Applicant will obtain and extinguish 0.38 Category 2 Affordable Housing Certificates. A duplex occupies the site, each with an ADU. The ADUs were developed as part of the duplex, pursuant to Planning and Zoning Commission Resolution 98- 20. The subject property is legally described as Ute West Townhomes, Lot A and is located on East Hyman Avenue between S. Aspen and S. Garmisch Streets. It is zoned Resident Multi -Family (RMF), and its Parcel Identification Number is 2735-124-71-002. Section 26.520.090.0 of the Code provides the rules for removing an ADU and states as follows: An amendment application that proposes to physically remove an ADU or Carriage House from a property and vacate the deed restriction may be approved by the Community Development Director if all of the f0110717ing criteria are met. To remove or decommission a Mandatonj Occupancy ADU, the requirements of 26.520.090.13 must first be met prior to complying with this subsection. For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35, Series 2015: • 420 E. MAIN STREET, SUITE 10-B ASPEN, COLORADO • 8161 1 • • PHONE: (970) 925-781 9 MITCH@HLPASPEN.COM 1. The applicant shall provide affordable housing mitigation for .38 fidl- time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee -in -lieu payment according to the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from time to time. (Commentary - The .38 figure reflects a typical ADU being a studio or one -bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.) This is not a Mandatory Occupancy ADU. Therefore, the requirements of 26.520.090.B are not applicable. The applicant will provide affordable housing mitigation for 0.38 FTEs at the Category 2 rate by extinguishing a Certificate of Affordable Housing Credit. 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. The applicant will obtain a building permit to decommission the ADU by removing the kitchen and remodeling the space in a manner allowed by the Land Use Code and the applicable Building Codes. The applicant understands that a final inspection by the Chief Building Officer must be issued before a release of the deed restriction can be filed with the Clerk and Recorder. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/ Manager 121 E. Hyman ADU Removal Request Page 2 Attachments: Exhibit 1: Land Use Application, Dimensional Requirements Form, and HOA Compliance Form Exhibit 2: Pre -Application Conference Summary Exhibit 3: Vicinity Map Exhibit 4: Proof of Ownership Exhibit 5: Authorization for Haas Land Planning, LLC to represent the Applicant Exhibit 6: Executed Fee Agreement Exhibit 7: P & Z Resolution No. 98-20 Exhibit 8: ADU Deed Restriction 121 E. Hyman ADU Removal Request Page 3 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: I Applicant: Location: Zone District: Y / 1� Lot Size: v 063 / � er f 11-k Irk 40 coyz;L Lot Area: (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: A/ 14 Proposed: Number of residential units: Existing: T +- Proposed: �.- Number of bedrooms: Existing: A Proposed: Proposed % of demolition (Historic properties only): Ai A un� DIMENSIONS:''�r44/1 Floor Area: Existing: � Allowable:. V5-F Proposed , I MO d YA0 Principal bldg. height: Existing: 11/ ,�' Allowable: /1 Proposed Access. Bldg. height: Existing: Allowable: Proposed41ZA On -Site parking: Existing: Required: I/ Proposed % Site coverage: Existing: Required: a Proposed l/ % Open Space: Existing: Required: ,i Proposed /i Front Setback: Existing: Required Proposed // Rear Setback: Existing: Required: " Proposed t/ Combined F/F: Existing: Required Proposed Side Setback: Existing: Required: " Proposed l/ Side Setback: Existing: Required " Proposed 11 Combined Sides: Existing: �� Required Proposed N Distance between Bldgs. Existing: Required: Proposed I/ Existing: Required: Proposed: # Existing non -conformities or encroachments: Variations requested: /V0/''Q March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 Roar. _ti N �I�IrIn U O 0 Z cr., ATTACHMENT 2 - LAND USE APPLICATION In ii /DEni IIDCn% REPRESENTIVATIVE: Name: [b 6u /'vt� Address: 6 C Phone#: 0 qg,�;_ C:] GMQS Exemption GMQS Allotment Special Review ESA —8040 Greenline, Stream 0 Margin, Hallam Lake Bluff, 0 Mountain View Plane Commercial Design Review Residential Design Variance n Conditional Use 'Dree Conceptual PUD Temporary Use Final PUD (& PUD Amendment) Subdivision Conceptual SPA 0 Subdivision Exemption (includes Condominiumization) _ Final SPA (&SPA U Lot Split Amendment) Lot Line Adjustment Cl Small Lodge Conversion/ Expanse n Other:y0 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) PDVN mno O /-, ( / 9- . *4 CIS C e," Have you attached the following? FEES DUE: $,� I;,�_ ] Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name:n n Property Owner AQ� CAOld BUST E G : URo*HK 140@Ga.0 RICAKIS;r ne No.: —� Address of E, rliM�►� . Property: p 1 (subject of / cc O�(D 11 r fq7 application) N Z 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. VThis 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. SEE A'1Mi W r IAA-V3A Cc.,�JT' PrZoFtG-XTY OL4 vJeg. AMoJAL Ut" 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: Owner printed name: or, Attorney signature: Attorney printed name: date: S� S 17 date: 0 • ADJACENT PROPERTY OWNER APPROVAL LETTER I, (print name) Vqoev-�authorized agent of OFM Holdings LP, owner of the property local d t 123 E. Hyman Avenue (Ute West Townhomes Lot B) and adjacent to the pr erty located at 121 E. Hyman Avenue (Ute West Townhomes Lot A) provide this letter as written approval of the plans with Issue Date of 2-3-2017 (Exterior Elevations) and Issue Date of 2-14-2017 (Floor Plans) which have been submitted to me for the proposed improvements to be completed at 121 E. Hyman. I understand that the proposed improvements include, but are not limited to: • Interior renovation of entire unit including reconfiguring interior space and replacing all finishes • Exterior renovation of entire unit including new exterior finishes, alteration of some roofs, and reallocation of interior and deck space on the Second Floor • Abandonment of ADU unit in basement and allocating said space to the primary residence • Relocating kitchen on Second Floor to area of north deck on same level • Relocating living space from the south end of Second Floor to the new kitchen on the north end of the same level • Expansion of flat roof area over new kitchen understand that minor modifications may be made to the plans over the course of the development of the design and review process. (Date) EXHIBIT 0 CITY OF ASPEN • PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter, 429.2752 DATE: May 08,= PROJECT: 121 E Hyman, lot A REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The Applicant is interested in amending a Development Order for an ADU at the subject property. The deed restriction for the unit was recorded at Reception No. 456869. The ADU was developed in a duplex as demonstrated by the Planning and Zoning Resolution No. 20 (Series of 1998), reception number 422125, for a conditional use for two accessory dwelling units on 123 E Hyman Avenue. The lengthy conditions listed in the resolution will be reviewed. To remove the deed restriction from the unit pursuant to 26.520.090.C, the Applicant shall provide mitigation for 0.38 Category 2 FTEs in the form of Affordable Housing Certificates or fee -in -lieu. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning/ Follow link below to view the City of Aspen Land Use Code http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.0 Removing an ADU/Carriage House Review by: Staff for application completeness and Community Development Director Public Hearing: NA Planning Fees: $975 planning deposit, three hours. Additional hours billed at $325 per hour. Total Deposit: $975 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. �. litF' F. L J JUN 07 2017 CITY OF ASPEN '0W'K--!--i1TY DE'VEL NT ASLU ADU/Carriage House 121 E Hyman PID:273512471002 0 0 ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form ❑ Written responses to all review criteria in Sec. 26.520.090.0 ❑ 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: ❑ Total deposit for review of the application. ❑ 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. EXHIBIT m CC m m Y N 2' O O N N C O 5 O CL V 3 m N OpU U 7 C U C € O U C $ N N Qi m 'C N N Z O O C J 7S LL fn to CO a m N UO J m m N = O N N V V V fA IY O I LL U w 2 I I w H13 LL �! &!.d�� �- w�— o�-° a �6 5 � w � o z m = O h �3f4� Q o o y a)c o Oaa)aci u �azc Z' au E O5 u ti C� a) N Tw c a o m 2 U c � c Y C O d O Li O l H LI 0 EXHIBIT ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHI[P & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: May 15, 2017 Property Address: 121 East Hyman Avenue, Lot: A, Aspen, Colorado 81611 Schedule No: R018611 Parcel No: 273512471002 Taxes: Taxes for 2016 have been paid in full in the amount of. $11,805.88. Taxes for 2017 are not yet due or payable. Legal Description: Lot A, according to the UTE WEST TOWN -HOMES PLAT recorded on July 18, 2001 in Plat Book 58 at Page 17 as Reception No. 456615 of the real estate records of Pitkin County, Colorado, and as defined and described in the Amended and Restated Declaration of Covenants and Restrictions for the Ute West Townhomes recorded August 24, 2001 as Reception No. 457969, Pitkin County, Colorado. Record Owner: Andrea Cayton, Trustee of the Andrea Cayton 1996 Trust Dated November 13, 1996, as Amended. The following liens were found affecting the subject property: Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents, from Andrea Cayton, Trustee of the Andrea Cayton 1996 Trust dated November 13, 1996 as Amended, to the Public Trustee of Pitkin County for the benefit of Overland Financial Co. LLC., a California limited liability company, to secure an indebtedness in the principal sum of $3,018,485.41, dated March 20, 2009, and recorded March 31, 2009, as Reception No. 557676, and Deed of Reconveyance dated February 29, 2016, and recorded March 7, 2016, as Reception No. 627535. NOTE: The Deed of Reconveyance dated February 29, 2016, and recorded March 7, 2016, as Reception No. 627535, MAY be sufficient for releasing the Deed of Trust, recorded as Reception No. 557676. TELEPHONE (970) 925-7328 A I& A FACSIMILE (970) 925-7348 0 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 Attorney Ti e Insurance Agency of Aspen, LLC S=t�M By: taint Van Alstine, Autdarized Officer or Agent TELEPHONE (970) 925-7328 A A A FACSIMILE (970) 92,5-7348 RECEPTION#: 557676, 03/34k009 at Janice K. Vos Caudill, Pitkin 12:58:47 PM, 1 OF 25, 10$126.00 County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: OVERLAND FINANCIAL COMPANY 5150 OVERLAND AVE CULVER CITY CA. 90230 DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING, AND ASSIGNMENT OF LEASES AND RENTS NOTICE: THIS DEED OF TRUST ALSO CONSTITUTES AND IS FILED AS A FIXTURE FILING PURSUANT TO SECTIONS 9313 AND 9402 (6) OF THE CALIFORNIA COMMERCIAL CODE. This DEED OF TRUST AND ASSIGNMENT OF LEASES AND RENTS (this "Deed of Trust") is given as of March 20, 2009, by ANDREA CAYTON, TRUSTEE OF THE ANDREA CAYTON 1996 TRUST DATED NOVEMBER 13, 1996 AS AMENDED, ("Borrower"), whose address is C/O Goldrich & Kest, 5150 Overland Avenue, Culver City, CA 90230, in favor of OVERLAND FINANCIAL CO. LLC., a California limited liability company ("Trustee") whose address is 5150 Overland Ave., Culver City, Ca. 90230, for the use and benefit of OVERLAND FINANCIAL CO. LLC, a California limited liability company ("Lender"), whose address 5150 Overland Avenue, Culver City, California 90230. ARTICLE I PARTIES, PROPERTY, AND DEFINITIONS The following terms and references shall have the meanings indicated: 1.1. Beneficiary: Lender, together with any future holder of the Note. 1.2 Chattels: All goods, furniture, furnishings, fixtures, inventory, equipment, building and other materials, supplies, and other tangible personal property of every nature now owned or hereafter acquired by Grantor and used, intended for use, or reasonably required in the beneficial development, ownership, use, occupancy, operation, or maintenance of the property, together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof. 1.3. Grantor: Borrower, together with any successor assign, or future owner of the Property or any part thereof or interest therein. 3/24/2009 12:18:06 PM Core Document 1 of 24 11t-0a3& a7o/1c0-s- 309M9'-Lk-1- F^i TC© RECEPTION#: 557676, 0342009 at 12:58:47 PM, 2 OF 25, • Janice K. Vos Caudill, Pitkin County, CO and symbols or logos used in connection therewith, or any modifications or variations thereof, in connection with the operation of the improvements existing or to be constructed on the Property, together with all accounts monies in the possession of Beneficiary (including, but no limited to, retainages and deposits for taxes and insurance) contract rights and general intangibles (whether now owned or hereafter acquired, and including proceeds thereof) relating to or arising from Grantor's ownership, use, operation, leasing, or sale of all or any part of the Property, specifically including but not limited to, any right that Grantor may have or acquire to transfer any development rights from the Property to other real property, and any development rights that may be so transferred. 1.5. Leases: Each present and future lease, license, or other agreement for the occupancy, possession, or use of all or any part of the Property (including, but not limited to, an rooms or other accommodations for guests or other transient occupants and any storage space, containers, or other facilities). 1.6. Loan Documents: The Note, all of the deeds of trust mortgages, and other instruments and documents securing the Note (including this Deed of Trust), and each other document execute or delivered in connection with the transaction pursuant to which the Note has been executed and delivered. The term "Loan Documents" also includes all modifications, extensions, renewals, and replacements of each document referred to above. 1.7. Note: Grantor's Promissory Note Secured By Deed of Trust of even date herewith, payable to the order of Beneficiary in the principal face amount of $3,018,485.41 together with all renewals, extensions, and modifications of such Promissory Note. All terms and provisions of the Note are incorporated by this reference in this Deed of Trust. 1.8. Permits: All permits, licenses, certificates, and authorizations necessary for the beneficial developments, ownership, use, occupancy, operation and maintenance of the property. 1.9. Property: The Real Property Chattels, Intangible Personalty and Leases, together with all accessions thereto, replacements and substitutions therefor, and proceeds thereof. 1.10. Real Property: The tract or tracts of land described in Exhibit A attached, together with the following: 121 EAST HYMAN AVENUE, UNIT A, ASPEN, CO 81611 [Property Address) (a) All buildings, structures, and improvements now or hereafter located on such tract or tracts, as well as all rights -of -way, easements, and other appurtenances thereto; (b) All of Grantor's right, title, and interest in any land lying between the boundaries of such tract or tracts and the center line of any adjacent street, road, avenue, 3%25/'3009 1 ]::-.2:09 AM t'(,re DOCLUM-M. 2 of 24 RECEPTION#: 627535,007/2016 at 09:56:41 AM, 1 OF 1, R $10 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Andrea Cayton c/o Overland Financial Co. 5150 Overland Avenue Culver City, Ca. 90230 Loan NO.: OPCO0316 DEED OF RECONVEYANCE WHEREAS, the indebtedness secured by the Deed of Trust EXECUTED BY ANDREA CAYTON, TRUSTEE OF THE ANDREA CAYTON 1996 TRUST DATED NOVEMBER 13,1996 AS AMENDED TRUSTOR (S) TO OVERLAND FINANCIAL COMPANY, a California limited liability company TRUSTEE (S) dated March 20, 2009 and recorded as Reception No. 557676 on March 31, 2009, in Book/Reel N/A, Page/Image N/A, of Official Records in the Office of the County Recorder of Pitkin County, State of Colorado has been paid. NOW THEREFORE, the present Trustee(s) under said Deed of Trust do(es) hereby reconvey unto the parties entitled thereto all right, title and interest which has heretofore acquired by said Trustee(s) under said Deed of Trust, in the lands situated in City of Aspen, County of Pitkin, State of Colorado, described as follows, to wit: "LEGAL DESCRIPTION AS SET OUT IN SAID DEED OF TRUST." OVERLAND FINANCIAL COMPANY a California limited liability company Dated this 29th day of February 2016 By: Barry ayton, Manager I"A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documar 1 (Civil Code 1189 and 1195)". STATE OF CALIFORNIA COUNTY OF LOS ANGELES FOR NOTARIAL SEAL OR STAMP On Feb:`"+r,a Qck . a.0\ lt_ before me, R.Ao 0� Sw1c+Z41 Notary Public personally appeare2 Barry Cayton, Manager who proved to me me on the basis of satisfactory evidence to be the person(34 whose names( is/sm subscribed to the within instrument and acknowledged to me that he/she/tiwq executed the same in his/iwr/their authorized capacity(ing), p000Lf0 tiALAUN and that by his/4wr/thsir signatureM on the instrument the personfel, or Caatmbuan I LAZAR the entity upon behalf of which the peraony}acted, executed the instrument. Comm Commission Publi• California ty 1 certify under penalty of perjury under the laws of the Stale of California that Lot Aspireseles May U. foregoing paragraph is true and correct. Comm. Expires May U. Y01p+ WITNESS my hand and official seal �/�• Signature �o+—� \ (Sea] • City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 is EXHIBIT D � !. RE: 121 E. Hyman Ave (Ute West Townhomes, Lot A) PID# 2735-124-71-002 Amendment of ADU/Carriage House Development Order To whom it may concern: As applicant for an Amendment to an ADU Deed Restriction Order on the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) and Menendez Architects PC (MA) to act as the designated and authorized representatives for the preparation, submittal and processing of an application requesting the approval listed above, as well as, any subsequent or incidental applications or requests associated therewith. HLP and MA are also authorized to represent me in meetings with City staff, the Housing Board, the Historic Preservation Commission, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, Andrea Cayton Trust 2379 Earls Court Los Angeles, CA 90077 . RETMN FOR MWM K 1 i KWAD • EXHIBIT Agreement to Pay Application Fees An agreement between the Citv of Aspen ("City") and Property Andrea Cayton Trust Phone No.: Owner ("I"): Email: Co 1DKOGI{(,it1aQ Go4o?MAKOT.. CoM Address of 121 East Hyman Ave, Aspen Billing 2739 Earls Court Property: Address: Los Angeles, CA 90077 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use application and the payment of these fees is a condition precedent to determining application completeness. I understa n that as the property owner that I am responsible for paying all fees for this development application. C- For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that theg' © z c flat fees are non-refundable. $ flat fee for $ flat fee for m o $ flat fee for $ flat fee for Z 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 non-payment. initial deposit for the specified hours of staff time. I understand that payment I agree to pay the following amounts of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Jessica Garrow Community Development Director Property Owner: l Andrea Cayton Trus ;v M P&Z Resolution 98-1t) Page 1 • 0 EXHIBIT RESOLUTION OF THE ASPEN PLANNING AND ZONING CO FOR THE APPROVAL OF A CONDITIONAL USEYOR TWO (2) AC 7 DWELLING UNITS ON 123 EAST HYMAN AVENUE (LOTS E AND F, CITY AND TOWNSITE OF ASPEN), CITY OF ASPEN Resolution 98- '�O WHEREAS, The Community Development Department received an application from Davis -Horn, Inc., on behalf of RK Land and Cattle Co., owners, for a Conditional Use Review of two (2) below -grade Accessory Dwelling Units having approximately four hundred eighty (480) square feet each; and WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, City Engineering, City Zoning, Sanitation, and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting of the Planning and Zoning Commission on July 21, 1998, and continued to August 4, 1998 at which time the Commission approved by a 7-0 vote the Conditional Use for the 123 East Hyman Avenue Accessory Dwelling Units with the conditions recommended by the Community t/~�., Development Department as amended. NOW, THEREFORE BE IT RESOLVED by the Commission: The Conditional Use for two (2) below -grade Accessory Dwelling Units containing approximately 480 square feet each and attached to the corresponding residences on Lots E and F, Block 69, City and Townsite of Aspen is approved with the following conditions: 1. Prior to the issuance of any building permits the applicant shall: a. Verify with the Housing Office that the net livable floor area of each Accessory Dwelling Unit will be between 300 and 700 square feet, and the units shall be totally private, having private entrances and no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residences; b. Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of which must be obtained from the Housing Office, for each of the two ADUs; d. Clearly identify the Accessory Dwelling Units (ADUs) on building permit plans as separate one -bedroom units; e. Provide a minimum of one off-street parking space for each ADU, and indicate these designated parking spaces on the final plans; f. Install any new surface utilities requiring a pedestal or other above ground equipment �•-� on an easement provided by the property owner and not within the public rights -of - way; 1111111 IIII1 Il1111 I11111 III 111111 IIIIII 1111111111l11111 422125 09/18/1998 11:33P RESOLUTI DAVIS SILVI 1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO P&Z Resolution 9840 Page 2 fe 0 � g. Locate any additional proposed construction, including trash facilities, in such a way � that it does not encroach into an existing utility easement or public right-of-way; h. Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i. Submit working drawings to verify all height, setback, and floor area calculations, as well as lot size and lot area calculations; J. Complete and record a Sidewalk, Curb & Gutter Agreement; k. A tap permit(s) must be completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; 1. If the building is found to contain 5,000 square feet or more of living area, approval and installation of an automatic fire suppression system will be required; m. Verify that the proposed plans for the ADUs will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, as well as sound attenuation walls between each ADU and the principal residences; and, n. Submit building permit drawings which indicate all utility meter locations; utility meter locations must be accessible for reading and may not be obstructed by trash storage. The plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow storage. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. Install sidewalks, curbs, gutters, and a five (5) foot wide buffer space between the walk and curb, meeting the standards of the City Engineering Department; the existing driveway curb cut must be removed and replaced with full height curb and gutter; and, c. Permit Community Development Department, Engineering and Housing Office staff to inspect the property to determine compliance with the conditions of approval. 3. In the event required, the applicant must receive approval from: • The City Engineer for design of improvements, including landscaping, within public rights -of -way; • The Parks Department for vegetation species, tree removal, and/or public trail disturbances; • The Streets Department for mailboxes and street cuts; and, • The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. 4. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 5. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the doors and the area in front of the doors to the ADUs; sufficient means of preventing icing of the stairway is also required. �..� 6. Prior to the issuance of any building permits, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated I 111111111111111111111111111111111111111111111111111111111111111 422123 09/18/1998 11:33A RESOLUTI DAVIS SILVI 2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO P&Z Resolution 98 �• • Page 3 (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 7. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. 8. The ADUs shall not be entitled to any on -street guest parking passes. Primary on -street parking passes for the ADUs will be permitted only if the units are rented. 9. There shall be no interior connections or doorways between either of the ADUs and either of the principal residences. Going from one ADU to the other, or from one ADU to either of the principal residences shall require going outside the building(s). 10. All material representations made by the applicant in this application and during public meetings- with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. APPROVED by the Commission at its regular meeting�o Est 4, 1998. APPROVED AS TO FORM: 1-i t` avid Hoefer, Assistant CityyAttomey Attest: Fit i r/-T i — •. Planning and Zoning Commission: Sara Garton, Chairperson 11111111111111111111111111111111111111111111111111 IN IN 422125 09/18/1996 11:33A RESOLUTI DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO • ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL CODE EXHIBIT 8 THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 14 day of June, 2001, by RK Land and Cattle Company, LLC ("Owner"), for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi jurisdictional housing authority established pursuant to the SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded at Reception No. 445444 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WITNESSETH WHEREAS, Owner owns that parcel of real property located at 121 East Hyman, in the City of Aspen, County of Pitkin, Colorado, more specifically described in Exhibit "A" attached (the "Property"), which will contain a 480 net livable square foot accessory dwelling unit ("Unit"), approved by the Aspen Planning and Zoning Commission by Resolution No. 98-20, recorded September 18, 1998 as Reception No. 422125; and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and a s may be amended from time to time by the Authority governing "resident -occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non- complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other tern or condition, nor shall failure to enforce any one of the 1IIIIII IIIII IIIIII ill IIIIII IIIII llllll1III IIIII IIII IN 456869 07/25/2001 01:14P DEED RES DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO terms or conditions, either by forfeiture or otherwise, be construes as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: RK Land and Cattle Company, LLC By: Garret S. Brandt, Manager Mailing Address: 420 E. Main Street, Suite 204 Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 14th day of June, 2001, by Garret S. Brandt, Manager of RK Land and Cattle Company, LLC. WITNESS MY hand and official seal. My Commission expires: �Fj L?90/ C74 Notary Public I 111111 IN 456869 07/25/2001 01:14P DEED RES DAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO FA 0 • ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY 13y- J4 yn A. Kasabach, Chairperson Mailing Address: 530 East Main Street, Lower Level Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this i0 day of 2001, by Jacquelyn A. Kasabach, Chairperson, Aspen/Pitkin County Housing Authority. WITNESS MY hand and official seal. My Commission expires: 0" , a�-" Notary Public I11111111111 IIIIII III IIIIti IIIII IIIIIII III IIIII IIII IN 4's6869 07/25/2001 01:14P DEED RES DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 Exhibit "A" Legal Description Lot A, Ute West Townhomes, according to the Plat thereof recorded on J� l?_, 2001, in Plat Book ? at Page 17 as Reception No. 4:r ¢ . , and as described in the Declaration recorded on 2001, as Reception No. SG , in the office of the Clerk and Recorder of Pi in County, Colorado. 11111111111111111 III IIIIII 11111 IIIIII1 111111111111 III 456869 07/25/2001 01:14P DEED RES DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 4