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Home My WebLink AboutLand Use Case.HP.520 E Hyman Ave.HPC35-92_520 E. Hyman /lue HPC35-92 --~ Syzygy (refrigerator ),573-7-20-/5-005-- 1/ A 2- a. b OX. 1 11 .. CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 6/11/92 CASE NUMBER:HPC32-92 DATE COMPLETE: PROJECT NAME: Pitkin Center Minor Review Project Address: 520 E. Hyman. Aspen. CO 81611 APPLICANT: Syzvgy Inc. Applicant Address: 520 E. Hyman. Aspen. CO 81611 925-3700 REPRESENTATIVE: Douq Throm Representative Address/Phone: 617 W. Main Aspen. CO 81611 920-1719 TYPE OF APPLICATION: 1 STEP: 2 STEP: 3 STEP: Description $100 pd. HPC Meeting Dates: P&Z Meeting Date: CC Meeting Date: Historic Preservation officer: 6-16-9 3-- Insubstantial Amendment or Exemption: ~ Date: j#'0 (foto-cot REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND IjOCATION: . , COMMENTS: AM. 8(4 1 %,4 * 4729 USE APPIICATION FORM C & Ac c 1> Project Name 2) Project Iocation 5--74 2 6â€¢ 3 tty~a x (indicate street address, lot & block mmber, legal description khere awmprlate) 3) Present Zoning 4) Iot Size 5) Arplicant's Name, Address & Phone # 5~72?d,y InG' 5 1 0 -f' UM#4 Vi l Asr~ Co 91&11 AMI) 9 35-_ 3709. 6) Representative' s Name, Aairess & Bione # i17 17 \ r.3 4.- (41-7 .3 uu,3,-\ A ACA_ Â¢ 36-5 1 4-2/0 -- Al R 7) Type of 4plication (please check all that apply): d Conditional Use Oonceptual SPA Conceptllal Historic Dev. Special Review Final SPA Final IIistoric Dev. 8040 Greenline Conceptual ED /\ Minor Historic Dev. Stream Margin Final RJD Histaric Demolition Mountain View Plane Subdivision Historic Designation 001Â¥inninilnnization Text/Map Amendment GUS Allotment Iat Spli~Int Line - (2â€¢33 E,oemption Adjustment 8) Description of Existing Uses (rimber and ~ type of existing stnictures; approodmate sq. ft.; Ilmber of bedroams; amr Previous approvals granted to the property). M,*d ust c.ov,~Afrooal) 722% 2,4,Â·Jea 7:4Â·Lic 6 roupt d 1 641 2634Â·urwk Zvwl /ev-01, 04131,6- Lx.W 77244Â£.Sid 3,71 /Â·eue|- 9) Description of Developnent Application ~kollibc. jal ter- = han- 0, 4-- reÂ»r- 00 66, \3 1 7 10) Have you attached the following? Resixnse to AttadmÂ¥mt 2, Mininum Subnission Contents Response to Attachment 3, Specific Submission Oontents Response to Attachment 4, Review Standards for Your Application E-â‚¬2*,W T Â· .. . .RIN 1 1 MINOR HISTORIC DEVELOPMENT --- -6-r... Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments; 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 1- 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the. Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover .. Dll I Aspen/Pitkin County Historic Preservation Committee Roxanne Elfin 130 South Galena Street Aspen, Co 81611 2/4/92 Dear Roxanne I am acting on behalf of G. Walter Harris and his restaurant Syzygy (520 East Hyman, Suite 201, Aspen, Co. 81611 925-3700) in applying for a permit for a dumbwaiter shaft on the rear of the Pitkin Center building at 520 East Hyman. The dumbwaiter is required as part of the original GMQS approval for a 2nd story restaurant in the building. The dumbwaiter shaft is three feet square and approximately 20 feet tall ending under the third story balcony above. There will be no increase in the net leasable square footage of the building as the dumbwaiter is a mechanical use only. The entire shaft is located at the rear of the building within the trash enclosure. The shaft will be finished in red stucco to match the existing building. I have included drawings showing the rear elevation, a cross section of the shaft, and a plan view of the dumbwaiter. The shaft is only visible from the alley way and in no way detracts or diminishes from the architectural integrity of the building. The neighborhood consists of commercial buildings in the downtown core and the dumbwaiter will allow easier access to the restaurant for delivery trucks effectively decreasing alley way congestion. The Pitkin Center building is not an historic building but rather lies within the down town commercial core. The additional square footage for the shaft (9 sq, ft.) is exempt from growth management per the planning department. If you require any further information please don't hesitate to call. Thank you in advance for your timely review and approval. Doug Thromu 617 West Main St. Aspen, Co. 81611 .. Aspen/Pitkin County Historic Preservation Committee Roxanne Elf in 130 South Galena Street Aspen, Co 81611 2/4/92 Dear Roxanne Doug Throm is representing Syzygy, Inc. and its owner G. Walter Harris is gaining HPC approval for a dumbwaiter shaft at the rear of the Pilkin Center building. f 144* G. Walter Harris . Syzygy, Inc. 520 E. Hyman Ave Aspen, Co. 81611 .. To Whom it May Concern May 9, 1992 I am the Managing Partner of the owner Pitkin Center Ltd. for the property at 520 East Hyman. Our tenant Syzygy restaurant was required by the City of Aspen to install a dumb waiter on the rear of the building at 520 East Hyman. Doug Throm is the contractor performing the work pursuant to the City of Aspen's rquirements. He has our permission to stucco the dumb waiter so that it matches in quality and color and in any other way required the stucco currently on the building. If you need further information please contact me at 415 388 8161. ~ Thank yo7. A 1/\*V 036 - / -1 James Valerio 0 . .. ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. ~ 1. ' The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ~ 2. The .street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, 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. 1 Â· . ~4. An 8 1/2" x 11"Â·vicinity map locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development.complies with the review standards relevant to the Development Application. \\ 1 2 1 tv\ 1 4, attach2.applications .. ATTACHMENT 3 25 Specific Submission Contents: Minor Development to Historic Landmark or in Historic Overlay District A Development Application for a Minor Development Plan shall include the -following: A. ' A written description of the proposed development. b/~2. An accurate representation o f all maj or building materials, such as samples and photographs, to beÂ· used for the proposed development. d-1. A scale drawing of the proposed development in relation to any existing structure. b 4. A statement of the effect of the proposed development on the original design of the historic structure (if applicable) Â·And character of the neighborhood. .. .. . ATTACHMENT 4 ~0~ Review Standards: Development in H, Historic Overlay District or Development Involving Historic Landmarks No approval for any development in the H, Historic overlay District of involving Historic Landmarks shall be granted unless the HPC finds that all of the following standards are met. ~a. The proposed development is compatible in character- with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an H, Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development wodid extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area, HPC shall find that such variation is more compatible in character with the historic landmark, than would be development in accord with dimensional requirements; and v< b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development; and 4 0. The proposed development enhances or does not detract Â·from the cultural value of designated historic struc- tures located on the parcel proposed for development or adjacent parcels; and h. The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. Historic District and Historic Landmark Development Guidelines have been adopted by the City Council for use by HPC. 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L %401.1 \ \/ 1 - h. -BÂ¢MI 10.Trh}4 LLEÂ»/ . . 1 -I * .K- < - Â· ~ WAI-IdÂ· Ill -.~Me,=Wi=- Ifr] r- ///L 1 1 94 4 Â«1 kl[70*/ 1 -E:mpof.47 1 1- 5-1 1 44*441;~Ul:ALG T,0/ fugÂ· I 44 < 75 8â‚¬ pÂ·lah/kNF P J .2 . . ~ ~1~0. ' ' PH . Esug DATE r..1 1A - To 0 16 ' 94- F 6.-I-Ill-I-'ll 4-- i Â· 1.-'AE OP - 1 f-3 Phi,/ 4 , ~rt 1 -%, PUMB 1461-rEA i 4- '9 f i , -10 - 1 , \ \ 1 . , 1 1 . .\ f,\.,*445*- UENY:A..-r.0, u,~46, EM fle'Â¥08= UNIT 4 21 41 411*1 . 1 1// 1 0 Â¥2*tUDE FL+ -MAAA 4 142 VATION O /9 --0- rE - | | 1 1'-'11- Stle.â€¢ 1 4 1 -4 4- - - __ DATE 1- 1------il--I----- -Â·-1- 1-- _ - _ - .., PNG.. I -4 , .199 1 49 ED DRAW't}R- 11*Â¥1$*]N **13Rts' 'li ? 'tufffÂ·n Â·1 NO. .E CHANGE . DATE B#Â¥ 2244 F 10 4, -trt Aâ€¢.1 <1/1 .. FAIDA U <061*1-1 R.AIÂ« f 49 012- f LAN FARIFI A L Ha'2TI-1 ELEA/A-TIc>IN - W/APP IT ION SHOWN .: ,Â»ALEÂ·: ~/41' 11- 011 -ed:+ L.,Le k*. 11- O " COMMENTS t i SHEET NO Al , 4 ~ NiA. INY Â»IÂ»4 14Â¥El oz a 061Â¥1010-7 6 1-ladeÂ¥ CONDOMINIUM MAP OF THE PITKIN CENTER CONDOMINIUMS OWNERS CERTIFICATE KNOW ALL THE MEN BY THESE PRESENTS THAT PITKIN CENTEk LTD, A COLORADO PARTNERSHIP, (GREG KAYNE, GENERAL PARTNER). BEING THE RECORD OWNER OF CERTAIN LANDS IN THE CITY OF ASPEN. PITKIN COUNTY, COLORADO TO WIT: LOTS 2 & 3. PITKIN CENTER SUBDIVISION, BLOCK 94. CITY AND TOWNSITE OF ASPEN. DOES HEREBY CERTIFY THAT THIS MAP OF'THE PITKIN CENTER CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THAT CERTAIN EXEMPTION FROM THE DEFINITION OF SUBDIVISION GRANTED BY THE ASPEN CITY COUNCIL ON 1989 AND RECORDED 1989 IN BOOK AT PAGE OF THE RECORDS OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO, AND , PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE PITKIN CENTER CONDOMINIUMS RECORDED , 1989 IN BOOK AT PAGE OF SAID RECORDS AND IN ADDITION DOES HEREBY DEDICATE To THE PUBLIC UTILITIES THE ELECTRIC AND COMMUNICATION EASEMENT AS SHOWN HEREON. PITKIN CENTER LTD,COLORADO PART. GREG KAYNE (GENERAL PARTNER) DATED STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGES BEFORE ME ON THIS DAY OF ,1989. BY GREG KAYNE (GENERAL PARTNER) WITNESS MY HAND AND OFFICIAL SEAL. , ' MY COMMISSION EXPIRES: ALLEY BLOCK 94 NOTARY PUBLIC ~ ~ ~ PAVED MORTGAGEE'S CERTIFICATE - WINDOWS OPEN INTO ALLEY 1"=10' 60.20' REC. THE UNDERSIGNED. BEING THE SOLE MORTGAGEE OF THE CONDOMINIUM PHONE BOX /< 3RD FLOOR DECK S 75Â° 09'Il"E (60.22') = GAS G.C.E.~ HEREBY CONSENT AND APPROVE OF THE MAKING AND RECORDING OF THIS 0 10 20 201518 , , 1 20151 MAP OF THE PITKIN CENTER CONDOMINIUMS. i 35.5 .1 . I ASPEN SAVINGS & L6AN ASSOC. BY TITLE GAS --- 1 1 TRASH ' ' PAVED 1 PARKING 1 0. Â·' '- STORAGE. ELEC. < 1 PARKING DATED 1, - 1 . 19.5 STATE OF COLORADO) BLDG INSIDE | G.C. E. ~ )SS | | ' COUNTY OF PITKIN ) 1 1 THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME 1 1 1 1 ON THIS DAY OF ,1989. BY A REPRESENTATIVE OF ASPEN SAVINGS AND LOAN ASSOC. A U Â·Â· 1 1 94 WITNESS MY HAND AND OFFICIAL SEAL L--- -Ubâ€¢ELECTRIAL G C. EM Â® : MY COMMISSION EXPIRES: NOTARY PUBLIC '' ) 3 STORY BRICK BUILDING WITH BASEMENT LEGAL DESCRIPTION SURVEYOR'S CERTIFICATE . b LOTS 2 AND 3 PITKIN CENTER SUBDIVISION, BLOCK 94 CITY AND I , JOHN HOWORTH. HEREBY CERTIFY THAT IN JULY-- -- . 1989 A AREA 6p22 +/- S.F. . 1 0 TOWNSITE OF ASPEN. PITKIN COUNTY COLORADO. SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF LOTS 2 ...4 AND 3, PITKIN CENTER SUBDIVISION. LOT 94, CITY AND TOWNSITE OF . 0 LOCATED THEREON AS SHOWN ON THIS MAP. THE LOCATION AND , to LEGEND AND NOTES ASPEN. COLORADO.-AND THAT A 3 STORY BUILDING WAS FOUND TO BE BLDG. 0 ' BANK ~ FOUND SURVEY MONUMENT AS DESCRIBED DIMENSIONS OF THE BOUNDARY LINES. UTILITIES. BUILDINGS AND 9' THE TITLE COMMITMENT NOTED HEREON EASEMENTS SHOWN ON ARE 0 Â·Â· a SFREET LIGHT ACCURATELY SHOWN ,ON THIS MAP. AND THE MAP ACCURATELY AND 4- ,, 4- SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND THE ~ LOT 1 8 LOT 2 L0T30 .0 LOT 4 LIMITED COMMON ELEMENT L.C.E. WITH UNIT DESIGNATION VERTICAL AND HORIZONTAL DIMENSIONS OF THE BUILDING AND OF THE Lo INDIVIDUAL AIR SPACE UNITS OF THE PITKIN CENTER CONDOMINIUMS 4 . 4 - GENERAL COMMON ELEMENT G.C.E. THEREIN. THE UNIT DESIGNATIONS THEREOF. THE MEASUREMENTS OF SAID - . UNITS, AND THE ELEVATIONS OF THE FINISHED FLOORS. SAID MAP ALSO Z N :0 SURVEY CONTROL > 1:10,000 ACCURATELY DEPICTS ALL ENCROACHMENTS BY OR rikl -, THE SUBJECT , N ' - PROPERTY. Â® SEWER CLEAN OUTS G.C.E. 14.0 ASPEN SURVEY ENGINEERS. INC. MASONRY WALL ENCROACHES INTO LOT 1 <0Â·1' LAWYERS TITLE INSURANCE CORPORATION COMMITMENT FOR TITLE JOIN HOWORTH. RLS 25947 .1989 , INSURANCE CASE NO. PCT-3611, DATED: 06/22/89 WAS USED IN THE Â· PREPARATION OF THIS SURVEY. ... TITLE CERTIFICATE 14.3 . .. - CALLS IN C ) PROPORTIONED \ THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN ZONED : COMMERCIAL CORE COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, 6GCE. COLORADO. DOES HEREBY CERTIFY :HAT THE PERSONS LISTED AS OWNER' S ON THIS PLAT DO HOLD FEE SIMPL E TITLE TO THE WITHIN DESCRIBED 8.7 REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES 0 - . .. Â· EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE AND DEDICATION I . HEREON ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE ' TRUE. THIS CERTIFICATE IS NOT TC BE CONSTRUED AS AN ABSTRACT OF TITLE. NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER 18.4 .. . Â· ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR - 1 *'Â· ~~ - LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. |3kD- FLOOR.DECK'Â· 150.48' REG. , Â· L--- 20 151 60.18' REC. Â·-7* G C.-EÂ· j N 75Â°09'11"W (150.51') 1-- -~-1~ - -~ - 12- . N 75Â° 69' iÂ·i "w (60.19') - I BASIS OF BRO FND. BLK. COR'S TITLE: I lf,~ gO~.Â· - 0 ~1 ' ~N 750 09 'll "* (60Â·22 9' 'Â· "X " IN CONC. '9184" SE N75Â°09'll"W 270.92' VINCE HIGENS VICINITY MAP SW. BLOCK COR. . 60.20'-REC. . ./.. BLOCK COR. 602 EAST HYMAN AVENUE * r , ASPEN, COLORADO 81611 ITI:'37-10*JJI[1 -RIZE 6. , 112-Z:--1.:L:!Jz[!~itill 11:!!Li!2 :-: CITY ENGINEER'S APPROVAL Coe.. ...61 CURB 7! 3,911 3 7 2 IZE .,r''rl GUTTER CLERK & RECORDER'S ACCEPTANCE THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS APPROVED BY THE .. .. . ~al.1 J FrÂ¢- r 1 Tâ€¢,9' rr EAST HYMAN AVENUE THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS ACCEPTED FOR CITY oF ASPEN, DEPARTMENT OF ENGINEERING, ON THIS DAY OF Rill[1.L ~!.. .INJ 1//142 â€žliti.: LI] d...&.12; I /Â©P'IN' A~ f h. . " I.-â€¢ ~ FILING IN THE OFFICE OF THE CLERK AND.RECORDER OF THE COUNTY OF , 1989. 74 80' PITKIN. STATE OF COLORADO. AT O'CLOCK M. THIS [.ilitliI] El A. - PAGE AS RECEPTION NO. . CITY ENGINEER .. ... 11 ' lillitiL_ c DAY OF , 1989 AND RECORDED IN THE PLAT BOOK AT E ./.,Alâ€¢ A u. 6 1 4IFEE .[[[INTID Ei ]TT[Tr] 2!FÂ·Lâ€¢- slul.t[El -~ .1 1 -,0 L.- , -0*-Wrid,m Â®0 rp [FlfÂ»:, 43.41 -Ll.2-LU LULial.LI LEL...u u......2 SITE â€¢C,NE. I . Cre'll A'F.I. T il-9 <11['T!!T-1 (ilr,! CITY COUNCIL APPROVAL : ;ElifLE[Lil zau,li~ [4, Â·trin[EmEN:TMID PITTE [p CLERK & RECORDER THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS APPROVED BY THE CITY COUNCIL OF ASPEN, ON THIS DAY OF , 1989. r,Tr!1118'am p SIGNED THIS DAY OF , 1989. PLANNING AND ZONNING ATTEST 1-HIS MAP OF THE PITKIN CENTER CONDOM:NUMS, WAS APPROVED BY THE MAY0R CITY CLERK CI 1-V 012- ASPEN PLANNING AND ZONING COMMISSION THIS DAY OF ,1989 AND SIGNED THIS _____DAY OF -. 1989. ----------- PREPARED BY ~ Aspen Survey Engineers, Inc. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL Â· Â· CHAIRMAN 210 S. GALENA ST. 1 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEA!-Cy '~' , ~ P. O. BOX 2506 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN TEIS SURVEY BE COMMENCED MORE ASPEN, COLORADO 81612 THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SHEET I OF 2 (303) 925-3816 JOB NO. 19193 9"E 100.00' 08 08 0-01 RING STREET 9,4 -7 PARAPET 13* - % 1 L.C.E, PARAPET I Ze UNIT UNIT PIÂ¢PZ UNIT P-L P -2 P- 1 1 FLOOR l 2Z UNIT 3 n O 0 FR 11(2> UAl VT UNIT UNIT G.C.E. UNIT M- 1 M-Z- M -2 M-1 1 FLOOR Ill 1 UNIT Z S FLOOR lol - GARAGE UNIT G.C. E. UNIT :h :.1 - UNIT R-3 R-3 R-Z R- 1 . Â·,-r C-1 FLOOR 100 FLAOR 98. i UNIT UNIT J U G.C.E. ON IT 3-3 8-3 0 1 8 - 1 i ~91 FLOOR BaG i WEST ELEVATION SOUTH ELE~ATION e. PARKING I. 14.8 ~ L.C.E. c.-7 /1 W 16.e 1 6.1 16.G 16.-1 G Ge E F O L.C.E, tz.S e i 4 UNIT P-1 4 1\ /ly < GAS W /6. C,E. G O.1 02 1 fig 8.3 TRASH 4.2 4.Z 1 8.-7 4.1 4.Z GAFEAGEL UNIT m,mi,== UNIT 18.7 STORAGE 4 - UNIT UN VT - UWIT - 3.5 6/\1~ lo vi z 1 Ila 0 1.4 N N N - N m â‚¬ 4 Q) - r --610 e 2 90 UNIT 2.6 W 349 SE Â£ N 346 5 Fl 312 [P~ 6.C.E. Id 349 62 1 N 2.8 349 OF t R-1 0 ELECTRICAL EQUIP. ON WALLS IZ.4- ;2.4 12.4- }Z. 4 5.3 0 1.9 dj G.C.E.. 4 r 8.3 m ~ 8 3 0~ G C E 9 34 G.C.E, 9-0 04: 3.4 12.4 0.'L SC,E.ZZ.G 0 Â¥~r W F - 10 2.5.7 0 2.0 24.6 Â¢ 6.6 .4 ze. 1 + 8.-1 m 14 0 ~1 UNIT 437 S Et 10 in 11.9 2 . - 12.4 10 U 49 El % F G UNIT - 4 0 1 UK] IT e In- '2.4 N P-Z O.l IN UNIT R -2 19 806 5Ft 13.9 M-1 A 07.- 4 UNIT 41 N 2.81 00 70-7 SF-i It 7.1 1 241,3.1 ~041 SP i P-1 19.6 10 1435 SE 1 4 4 4 19 5.6 Q 913 52 fl Â¢ G.C.E. ~ 613 5FS 1 1 2.4 J 6 h 5.8 5.0 IA gl - 1.0 14 - 1 9 11.1 R O r dl 4 5.6 5 3 UN IT 3.Z 3.0 - Q 3.2 10.0 3 8-1 14.0 3.Z Â® 4.4 35 .. 0. 0 902 spl UNIT ~ -DRY 0 L.C.EL. G.CE 8-3 '~ G.C.E. E- G.C.E. 0 UNIT 0 U WELL L.C. E. - d P- 1 UNIT ~ 1 4.10 G.C.E. 1~ 69 eF- ir P-1 Â¢ P-Z 13.-7 --~~~ 0 M-Z 131 R-3 ia. 8 9 j 4.3 9 16.- If) m '4Â· 0 4 49 G. spit 0 14 0 8.0 I I 1 1 W~- N -7. e N 6.C.E r Hzo r Is.9 }G.O 4.Z 4.Z 16.0 S L.C.EL. 1,= 10 , UN 17 P-Z . 1 THIRD FLOOR SECOND FLOOR 0 10 ZO FIRST FLOOR BASEMENT PREPARED BY , Aspen Survey Engineers,inc. - 210 S. GALENA ST. P. O. BOX 2506 I ASPEN, COLORADO 81612 SHEET 2 OF 2 (303) 925-3816 JOB NO. 19193 k A ; " , I ' 25.0 4S 11 , p -24% . /5, .144> 7~2: 10 111111 2 0 4 4 114 11~ Ill! -- -- .. CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 6/27/92 CASE NUMBER:HPC35-92 DATE COMPLETE: PROJECT NAME: 520 E. Hyman Ave. (Svzvqv) Project Address: 520 E. Hyman Aven, Pitkin Center Subdivision APPLICANT: Walt Harris Applicant Address: 520 E. Hyman, Aspen, CO 8611 REPRESENTATIVE: Walt Harris Representative Address/Phone: 520 E. Hyman Aspen, CO 81611 925-9258 TYPE OF APPLICATION: 1 STEP: X 2 STEP: 3 STEP: Description Eternalize walk-in refrigerator HPC Meeting Dates: P&Z Meeting Date: CC Meeting Date: Historic Preservation Officer: Insubstantial Amendment or Exemptio](~~~~3(,1~ Date: 7- ick REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: 0 .9 Al m,< SUPPLEMENT TO ATTACHMENT 4 Developmetnt Application for Exemption from HPC review (Please attach supplemental information, i.e. sketches, samples, catalogue details or any information which may be of assistance in approving the development activity. Please provide a detailed description of the proposed activity.) WALT HARRIS Applicant's name: Address and day phone: 520 E. HYMAN 925-9258 Property owner: Jim Vala-rio Is applicant authorized to represent owner in this application? yes Address of property: 520 E. Hyman Name of property, if applicable: Pitkin Center Is this an Individually Designated Landmark? No Located within the Commercial Core Historic Overlay Distriq*/ Yes Located within the Main Street Historic Overlay District? Does the proposed development mee~ the standards specified in es Paragraph #2 in Attachment #4? Please see attached sheet Explain in detail the proposed development: @DP<ArAAE.-7 [3 1,2122- Sta:EL A-EVAC \.00-43- O hz-JIÂ»a.Dri 5- 1 85>, C=W= 040.3 ll \-j--Ae kt Ave .Ce-rev?00_) F g plea Le 6-Coe- 1 cer les O 1= 1RD, O 42 A.\ (41+ne>ar- 1-<4-49- 4& Â«trouto A AÂ© -1.t,Â«t. 40 1 441 COC:henFR, 2 V.-\ r Â£ 3. R_<3 0Â¥-9-10 8 : ~NveÂ«3:.. /1 CP, A Thank you. Planning staff will notify you if further information is requested. 901-1, exempt.app 1. illk 07-,lb 7 4 9. COLOMDO 623 E. Hopkins Street, Aspen, Colorado 81611 Tel.: (303) 925-7806 FAX (303) 925-8712 BOARD OF ADJUSTMENTS JUNE 4, 1992 CITY OF ASPEN revised JUNE hf19.92 130 SOUTH GALENA ASPEN, CO 81611 RE:APPLICATION FOR VARIANCE 520 E. HYMAN- WALT HARRIS, OWNER On April 29, 1992, The Zoning Enforcement Officer rejected an application for a building permit to eternalize walk-in refrigerator at Sy2ygy Restaurant owned by Walt Harris. The restaurant is located at 520 E. Hopkins St. A copy of the building permit application, the plans for refrigerators new location, and Mr. Dreudings letter are attached. For the purposes of this application we accept Mr. Dreuding's calculations regarding relevent floor area, which is asÂ· follows; In 1987 when Pitkin Center Building was approved, the Building F.A.R. allowed was 12,000 square feet. Given the methodology of F.A.R. calculation at that time, the building F.A.R. was 11,778.47 square feet- leaving 221.53 square feet for future exspansion. Given the present methodology of F.A.R. calculation- many previously exempt areas must now be calculated into building F.A.R. - which effectively puts the building square footage over the unchanged F.A.R. limit. It should be pointed out that the modest 48 sq. ft. of the proposed relocated walk-in refrigerator would fall under section 8-104 Exemptions to the Municipal code allowing for Planning Director sign-off, if the application of the new methodology for F.A.R. calcilations did not create a non-conformance from a previously conforming building. As, a result , we are forced to take our appeal for variance to this Board. The walk-in refrigerator is 6'x 8' or 48 square feet and is 7'0" in height. The exiting refrigerator would be relocated to the north of the Existing north kitchen exterior wall,& would be along the alley fascia, and be under an existing Balcony which projects from the third level. .. BOARD OF ADJUSTMENTS CITY OF ASPEN JUNE 4,1992 Revised 6/21/92 PAGE TWO The proposed location of the walk-in refrigerator would not encroach into the alley and would be within the envelope of the alley buildings. The walk-in would also be with in the perimeter structures of the loading and trash areas of the building which occur on the first level. This external relocation of the walk-in would represent no increase in net leasable space nor would it generate additional employees or parking requirements. It would generate no impact upon public facilities, and could reduce delivery requirements. The attached elevations will depictthe subtle fascia incorporation with the existing structure. The proposed new location and building change would be difficult to see from anywhere but the alley. In addition the applicant request this external relocation to be only temporary structure, to be removed at the time the space is not occupied by a restaurant. At such time, the external walk-in would be removed, and the fascia returned to its current condition. This request is based upon a practical necessity for a workable kitchen condition to adequately serve the needs of the restaurant. We believe the external location and dimensions are quite unobtusive and will blend in with the existing alley fascia. We feel that we are seeking the minimum variance practical. We feel we are consistent with the variance guidelines of minimal request, minimal public impact, and there is no oppossition from either Historic Preservation or surrounding neighbors. We feel that there are unique circumstances for requesting this variance, in that, there is a commercial use of the space with a hardship of kitchen function, this minimal 48 sq, ft. expansion would have fallen under Planning Director sign-off, had a non-conforming structure been created by new F.A.R. methodology. We are uniquely asking for a temporary structure, to be removed at a time when a restaurant no longer occupies the area. The proposed external relocation of the walk-in represents no increasein building net leasable. We ask you to give this application favorable consideration and to approve the requested variance. Very truly yours, COLOMBO INTERNATIONAL, INC. 8.-14\F>(,-SO James-/K Colombo JPC:djw Enclosures 9 - 6/21 t .. CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION June 4 0 92 DATE 19 CASE # APPLICANT WALT HARRIS PHONE 925-9258 MAILING ADDRESS 520 E.HYMAN ST. ASPEN, CO 81611 OWNER JIM VALARI0 PHONE 415 388-8161 MAILING ADDRESS 520 E.HYMAN ST. ASPEN 520 E. HYMAN ST. ASPEN, CO LOTS 2&3 PITKIN LOCATION OF PROPERTY CFNTFR SUBDIVISI0N (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES NO X Below, ' describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. Applicant' s Signature ')<~ REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE ~KIN CENTER, LT~ 110. Box 4948 710 E. Durant Avenue . .1 Aspen, Colorado 81612 303/925-3873 BOARD OF ADJUSTMENTS 0 CITY OF ASPEN ~ ' 130 S. GALENA ' - ASPEN, CO 81611 . RE: Syzygy Restaurant- APPLICATI'OIl FOR VARIANCE 520 E. HYMAN ASPEN, CO LADIES AND GENTLEMAN, I have authorized Mr. Jim Colombo of Colombo International, Inc. to represent myself and Syzygy Restaurant in all application and present,ation requirements as appropriate to our GMQS application. Â·Â·Â·- ~gim's"office is located at 623 E. Hopkins St.,in Aspen, his office phone number is 925-7896. I am both owner and operator of Syzygy Restaurant which it located at 520 E. Hyman in Aspen. My phone number is 925-3700. Should you have any other questions please do not hesitate to call me. . . Sincerely, r.>44%1,3- Walt Harris -Owner Syzygy Restaurant WH:jpc., CC: Leslie Lamont Jim Colombo -- Jim Valario .... . . 171*<IN CENTER, LTD ~ . , ... 1 . '11 I 110. Box 4948 710 E. Durant Aventte ' Aspen, Colorado 81 612 303/925-3873 . . -44 A... . CITY OF ASPEN '. 1 BOARD OF ADJUSTMENTS' I . 130 S. GALENA ASPEN b Â£0 81611 Â· . .. REt Syzygy Restaurant- APPLICATION FOR VARIANCE ' 520 E. HYMAN ASPEN, CO LADIES AND GENTLEMAN: .4, 0 , As the owner of the space leased by Syzygy Restaurant, 1 have authorized Walt Harris to have his representativeâ€ž Colombo International, Inc., apply to the City of Aspen for ' ..a GMQS request to externalize the existlng walk-in freezer as illustrated in the schematic floor plan drawings presented Ily Colombo International Inc. 1. ... . If you have further questions please contact my office - listed above. 1 . Sincerely, ., ,.Â· 1 / . . . 1, I. , 1 , . I .. i, Aspen/Pitlik~GE*~ ing Office 130 ~treet Asp~611 (303) 920!~~920-5197 April 29, 1992 Mr. Columbo . Columbo International 623 East Hopkins Aspen, CO 81611 Re: Syzygy Restaurant FAR Request Determination Dear Mr. Columbo: In regards to Syzygy Restaurant, the information I have indicates that the building wherein it is located currently exceeds its allowable FAR and could not allow any FAR or other expansion. The structure was "built out" under previous FAR def initions. It appears under current FAR definitions, the building would be further nonconforming. You may apply to the Aspen Board of Adjustment for a variance. Please advise. Should you have any further questions, please do not hesitate to contact me at 920-5090. Sincerely, w dia Qt=L-plp William Drueding City Zoning Enforcement Officer CC: Diane Moore, City Planning Director Leslie Lamont, City Planner Francis Krizmanich, Zoning Deputy Director 1~ recycled paper 1<-1T6MEN PI-oCR- PLAN tocALE: 1/4" 11- 01 IL ..'1 L- 1 1 2 000 ' 7 ; ARRA op ~*Ht" EQUIFHENT 7 - #. ex i eTI #4 I r/Cord>587 1 -4 1 REN Â©PEL~ NE ' i= 0 O0 00 i - K-11-24-IBM 00 ' 1 1 00 i 00 1 m -- --*-- -I ---1- ual . 0 - ...1 144 1 "12-le'BIL i ?] wALIC-I hi -2-WALIL-IN Si Affl 481Â»le 1 1, - M.Al'ION L. J . .. -- I.I- Ii-- - ' '1 1- i E 4 5% . 4 - -EN'lii,oÂ·rma UN11' 1/ / .S r, Â¢. "' 140 Ent Al- 25Â¥AI ION i SaxLE: 1/40' 11 - 0. =ST 111 1 0146. 1 .1.f G , 1 77---- 1, -0 - 1 , L | ! )*1 gittliullillill"111Illill11111!ulliIt. .1.o. COLIC'. r9+M- 'TEr -7791- 1 , 1 . ./ . A '15- I , -1 /K .\ 1 4 -\ / \ 1. - / N,\ I \ - 1 // 1 4 , I \ . 1-. . I , I . A. m 0, I / , I / 1-81*kieÂ® D = M "ro I NwriAJ - -99%4&- 1 11 --7-- - - Sts'~ -:-SNLA-0-*.1 61 0'0~ | 4 1,6. cale.. -2~LAS-1- F-EMÂ¢N* 7 , m I.- :.:Ah:2 .2 .4 J - T'Forosm Aaki- oF- PgEMoIDEL 1 --1 : 1 . 11 3 P 1-44 1 " /9 200'= ''' - 0 7 94 4. \ Jr. = - ~4#<'-SUNT-en 1 -X/FL-7r \4% 1. 1 TENT PARKING X~ MLLAM LAKE 9 6 \ .5, PHYSICS .04-0- L //- 6 .sTITUTE --:Â·;ArÂ·*p o f--1 -4- ' / HUNTERCREEK ~ 1 0Â©-1-~-A ~~~ ~--Â·222tZ<L CONDOMINIUMS / J \ LONE PINE 1*316-hh~ ~ \111 ~ L_-1 NORTH STREET i ~Ung-En o E--1 - [--:-'-1 ED:-1 [h SMUGGLER STREET LAKE VIEW \ 1-73 CIT] [EE--1 [33] [-7/(-1 CT-C] E~JU] ADOIT)04 'c SPRING [22*32. LLE.j C.]wagE CIE}~ 84 9 -- 1 FRANCIS STAEET r--- â‚¬ E - L__7---&- I. [-769&Â£ 9 [23 [=25 52 1*-6]31 ] W~ ~ 0 P:-:71 [-7-1 CY--1 [=t-7 E--1 "-Jl# EFK E31*h \ , | CKLAHOUA FLA I tALLAM STREET H m[~73]E 03-4 . [77--1 E-3171 ~ -Â» r-----1 U.1 1 . /' IWI -, 1 / 1 I Ul IL---VJ/7 77-9/ 0 2 ---- BLEEKER STREET 0 6 4 j/075;Â« *_-4 L , [333 LANE[ZiN]NIEE]518 ~ [233 -223 [--700-]G[ 692 -f: C27 [3221 EG@-1 [2.-7-1 CLEHEED [â€ž3=I*11 L [= - i n l 3 1 :. j â‚¬ A o 1 ISTIALING HOMES| ~- ~P MAIN Sl-REET ER-7] r"'1 [-331 [-771 [-1 4 r [327-] ~ PAEPCKE - [E-El [-~Za--12 REZI CE2LEE:1Â£-Â¥3 [73~~~ 1--'-9 f-;~-~-1 [-~7-3 07.-1 E.7-7-1 E-~--3 F:--"-1 reAW< 1 ELI] HOPKINS AVENUE o ,- 9,3Â§ 92,2[37] ri--1 E-73 - r-+-23 '41---1â€ž 'g , #-4 W 0-44 9-7 Tz E-9-71 [7--7 E-231it: 4-= , 13 , - i i3Pl BEZMCE COOPE R 1 lu " + If 11!lITTIFEH~*-d.-AvE. Directory p] E[_il-_1~'~EEE sporlation Centef Emergency Phone Numberâ€¢ ~/ " CUT] [73 E---71 r-ZIE] 7 e Aspen Police 925-2025 i , lirll-Illi ~JUAN ST j puse / Sheriff 925-3232 . ~e Aspen Valley Hospital 925-1120 i I.LI.!218TA . Chamber of Commerce 925-1940 ks T. j \\ 1 . 1 ==22 133utS 13(TH STREET - 9 1.8..r y , â€¢> m t.â€¢.2' . 5-A-, t.y 4' 144 '.A-: 5.-I U ) .....2 a - 111 * -Â· v k POLICY OF TITLE INSURANCE ISSUED BY 1 STEWART TITLE GUARANTY COMPANY 4 1 1 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN ~ 4 SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas 1 I I corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not i ~4, exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; a : 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; Â·Â·Â· Â·Â·fÂ·*M .:' t.0 7'5â€¢5Â·Â·:.'~Â· c . "' '4,Â·, E Â·.st. n , p.0,Â·:'.::-Â·i..Â· t.64 -60 1 A 1 . e 4 4. Lack ofa right of access to and from the land. 3 1 The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only 1 to the extent provided in the Conditions and Stipulations. f'. r. I 31 1 IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its 3 duly authorized officers as of the Date of Policy shown in Schedule A. Â·Â·. 4 Ae.. 1 1 :.. I L I ST EWFA RT TITLE (3020%44 i 3 1,6&3*M. GUARANTY COMPANY ' 1 Chairman of the Board President )' G -lil---IJ.B..liv I Countersigned: ivz~di. 8,3 : 1 ~. el: 1 0,4<,1.bLEe.ji- + . i Â·â€¢ 'Wls-Â»Rpo<4~fff2~E 4 Author0& % 6.J: \ -*- O - P 15/ 1908 kpi~:i~/6' -,# . j Company au 1,licia4*: 1 1 1 + .9 9Â«C'. 4 1 .TillkÂ· City, State EXCLUSIONS FROM COVERAGE Â£ imng, . The following matters are expressly excluded from the coverage of this policy ond the Company will not pay IA~ or damage, costs, attorneys tees or f expenses which arise by reason of: 1. (a) Any low, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, 1 i regulating, prohibiting or relating to (i) the occupancy, use, or enioyment of the land; (ii) the character, dimensions or location of any improvement now or ~ hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that 0 1 notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been ~ 3,/h/N.1 {,/ < f,Nual / recorded in the public records at Date of Policy. 4 (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien I 3,, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from 1 4 coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of o purchaser for value without knowledge. 1 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to 1 the Company by the insured claimant prior to the dole the insured claimant become an insured under this policy; (c) resulting in no loss or damage to the insured claimant; 1 (d) attaching or created subsequent to Date of Policy; or 1 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this t u 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights lows. 001 (Rev. 4-6-90) . t.-P t.*-/ I I WWW .-I *- \\ The following terms when used in this policy mean: cute or provide for the defense of any action or proceeaing, the insured shall (a) "insured ': the insured named in Schedule AA subied to any rights secure to the Company tb-Laht to so prosecute or provide defense in the oction or defenses the Company wo'uld have had against th~d insured, those who or proceeding, and all ils therein, and permit the Company to use. at its succeed to the interest of the named insured by operation of law as distinguished option, the name of thN&red for this purpose. Whenever requested by the from purchase including, but not limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- (b) "insured claimant": an insured cloiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle- (c) 'knowledge" ir "known": actual knowledge, not construdive knowledge ment, and (ii) in any other lawful act which in the opinion of the Company moy or notice which moy be imputed to on insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company h preiudiced by the failure of the insured to furnish the required matters affecting the land. cooperation, the Company's obligations to the insured under the policy shall ter- (d) "land": the land described or referred to in Schedule A, ond improveÂ· minate, including any liability or obligation to defend, prosecute, or continue ony ments affixed thereto which by law constitute reol property. The term ' land" litigation, with regard to the matter or matters requiring such cooperation. does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE. to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi- streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dom. modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com- insured by this policy. pony within 90 days ofter the insured claimant shall ascertain the facts giving rise Ce) ' mortgage ': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or domoge shall describe the defect in, instrument. or lien or encumbrance on the title, or other matter insured against by this policy (f) "public records": records established under state statutes at Date of Pok which constitutes the basis of loss or damage and shall state, to the extent possi- icy for the purpose of importing constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Company is property to purchasers for value and without knowledge. With respect to Section preiudiced by the failure of the insured claimant to provide the required proof of 1 Ca)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation lo defend, prosecute, or continue dislrict court for the district in which the land is located. any litigation, with regard to the matter or matters requiring such proof of loss or (g) "unmorketability of the title": an alleged or apparent matter affecting damage. the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representotive of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com- 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pony, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Date of Policy in whether bearing a date before or after Date of Policy, which reasonably pertain favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenonts of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody ance of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or domage. All any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the an indebtedness secured by a purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable iudgment of the Company, it is necessary in the administration of ihe The insured sholl notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro- litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest, as insured, is reiected as unmorketable. If prompt notice shall LIABILITY. not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall have the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required; provided, however, that failure to notify the Company shall in no case (a) To Pay or Tender Payment of the Amount of Insurance. preiudice the rights of any insured under this policy unless the Company shall be To pay or te'nder payment of the amount of insurance under this policy preiudiced by the failure and then only to the extent of the preiudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subiect to the options contained Upon the exercise by the Company of this option, all liability and obligations in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice (subiect to the right of the insured to With the Insured Claimant. obiect for reasonable cause) to represent the insured as to those stated causes of . (i) to pay or otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company jis Policy. is obligated to pay; or (b~-the-Cimpany shall have the right, at its own cost, to institute and proseÂ· (ii) to pay or otherwise settle with the insured claimant the loss or dam- cute ony action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com- to prevent or reduce loss or damage to the insured. The Company may take any pany up to the time of payment and which the Company is obligated to pay. appropriate action under the terms of this policy, whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in hereunder, and shall not thereby concede liability or waive ony provision of this paragraphs (b)(i) or (ii), the Company s obligations to the insured under this pol- policy. If the Company shall exercise its rights under this paragraph, it shall do so icy for the claimed loss or damage, other than the payments required to be diligently. mode, shall terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company shall have brought an action or interposed a or continue any litigation. defense as required or permitted by the provisions of this policy, the Company 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. may pursue any litigation to final determination by a court of competent iurisdic- This policy is a contract of indemnity against actual monetary loss or dom- tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or dam- adverse iudgment or order. age by reason of matters insured against by this policy and only to the extent herein described. (continued and concluded on last page of this policy) (c~~ued and concluded on last page of this polic,~ CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. of: (a) The Company's Right of Subrogation. (i) the Amount of Insurance stated in Schedule A; or, Whenever the Company shall have settled and paid a claim under this pol- (ii) the difference between the value of the insured estate or interest as icy, all right of subrogation shall vest in the Company unaffected by any act of insured and the value of the insured estate or interest subiect to the defect, lien the insured claimant. or encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and reme- (b) In the event the Amount of Insurance stated in Schedule A at the Date of dies which the insured claimant would have had against any person or property Policy is less than 80 percent of the value of the insured estate or interest or the in respect to the claim had this policy not been issued. If requested by the Com- full consideration paid for the land, whichever is less, or if subsequent to the Date pany, the insured claimant shall transfer to the Company all rights and remedies of Policy an improvement is erected on the land which increases the value of the against any person or property necessary in order to perfect this right of subro- insured estate or interest by at least 20 percent over the Amount of Insurance gation. The insured claimant shall permit the Company to sue, compromise or stated in 5(hedule A, then this Policy is sublect to the following: settle in the name of the insured claimant and to use the name of the insured (i) where no subsequent improvement has been made, as to any par- claimant in any transaction or litiaation involving these rights or remedies. tial loss, the Company shall only pay the loss pro rata in the proportion that the If a payment on account 01 a claim does not fully cover the loss of the amount of insurance at Date of Policy bears to the total value of the insured insured claimant, the Company shall be 5Ubrogated to these rights and remedies estate or interest at Date of Policy; or in the proportion which the Company's payment bears to the whole amount of (ii) where a subsequent improvement has been made, as to any partial the loss. loss, the Company shall only pay the loss pro rata in the proportion that 120 If loss should result from any act of the insured claimant, as stated above, percent of the Amount of Insurance stated in Schedule A bears to the sum of the that act shall not void this policy, but the Company, in that event, shall be Amount of Insurance stated in Schedule A and the amount expended for the required to pay only that part of any losses insured against by this policy which improvement. shall exceed the amount, if any, lost to the Company by reason of the impair- The provisions of this paragraph shall not apply to costs, attorneys' fees and ment by the insured claimant of the Company's right of subrogation, expenses for which the Company is liable under this policy, and shall only apply (b) The Company'; Rights Against Non-insured Obligors. to that portion of any loss which exceeds, in the aggregate, 10 percent of the The Company's right of subrogation against non-insured obligors shall exist Amount of Insurance stated in Schedule A. and shall include, without limitation, the rights of the insured to indemnities, gua- (c) The Company will pay only those costs, attorneys' fees and expenses ranties, other policies of insurance or bonds, notwithstanding any terms or condi. incurred in accordance with Section 4 of these Conditions and Stipulations. tions contained in those instruments which provide for subrogation rights by rea- 8. APPORTIONMENT. son of this policy. If the land described in Schedule A consists of two or more parcels which are 14. ARBITZATION not used as a single site, and a loss is established affecting one or more of the Unless prohibited by applicable law, either the Company or the insured may porcels but not all, the loss shall be computed and settled on a pro rata basis as demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- if the amount of insurance under this policy was divided pro rata as to the value can Arbitration Association. Arbitrable matters may include, but are not limited on Date of Policy of each separate parcel to the whole, exclusive of any to, any controversy or claim between the Company and the insured arising out of improvements made subsequent to Date of Policy, unless a liability or value has or relating to this policy, any service of the Company in connection with its issu- otherwise been agreed upon as to each parcel by the Company and the insured ance or the breach of a policy provision or other obligation. All arbitrable mat- at the time of the issuance of this policy and shown by an express statement or by ters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the an endorsement attached to this policy. option of either the Company or the insured. All arbitrable matters when the 9. LIMITATION OF LIABILITY. Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when (a) If the Company establishes the title, or removes the alleged defect, lien agreed to by both the Company and the insured. Arbitration pursuant to this or encumbrance, or cures the lack of o right of access to or from the land, or policy and under the Rules in effect on the date the demand for arbitration is cures the claim of unmarketability of title, all as insured, in a reasonably diligent made or, at the option of the insured, the Rules in effect at Date of Policy shall manner by any method, including litigation and the completion of any appeals be binding upon the parties. The award may include attorneys' fees only if the therefrom, it shall have fully performed its obligations with respect to thal matter laws of the state in which the land is located permit a court to award attorneys' and shall not be liable for any loss or damage caused thereby. fees to a prevailing party. Judgment upon the award rendered by the ArbitraÂ· (b) In the event of any litigation, including litigation by the Company or with tor(s) may be entered in any court having iurisdiction thereof. the Company's consent, the Company shall have no liability for loss or damage The law of the situs of the land shall apply to an arbitration under the Title until there has been a final determination by a court of competent iurisdiction, Insurance Arbitration Rules. and disposition of all appeals therefrom, adverse to the title as insured. A copy of the Rules may be obtained from the Company upon request. (c) The Company shall not be liable for loss or damage to any insured for 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. liability voluntarily assumed by the insured in settling any claim or suit without the (a) This policy together with all endorsements, if any, attached hereto by prior written consent of the Company. the Company is the entire policy and contract between the insured and the Com- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF pany. In interpreting any provision of this policy, this policy shall be construed as LIABILITY. a whole. All payments under this policy, except payments mode for costs, attorneys' (b) Any claim of loss or damage, whether or not based on negligence, and fees and expenses, shall reduce the amount of the insurance pro tanto. which arises out of the status of the title to the estate or interest covered hereby or 11. LIABILITY NONCUMULATIVE. by any action asserting such claim, shall be restricted to this policy. It is expressly understood that the amount of insurance under this policy (c) No amendment of or endorsement lo this policy can be made except by shall be reduced by any amount the Company may pay under any policy insuring a writing endorsed hereon or attached hereto signed by either the President, a a mortgage to which exception is taken in Schedule B or to which the insured Vice President, the Secretary, an Assistant Secretary, or validating officer or has agreed, assumed, or taken subiect, or which is hereafter executed by an authorized signatory of the Company. insured and which is a charge or lien on the estate or interest described or 16. SEVERABILITY. referred to in Schedule A, and the amount so paid shall be deemed a payment In the event any provision of the policy is held invalid or unenforceable under under Yhis policy to the insured owner. applicable law, the policy shall be deemed not to include that provision and all 12. PAYMENT OF LOSS. other provisions shall remain in full force and effect. (a) No payment shall be made without producing this policy for endorse- 17. NOTICES, WHERE SENT. ment of the payment unless the policy has been lost or destroyed, in which cose All notices required to be given the Company and any statement in writing proof of loss or destrudion shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and (b) When liability and the extent of loss or damage has been definitely shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. fixed in accordance with these Conditions and Stipulations, the loss or damage $hall be payable within 30 days thereafter. ALTAOWNER'SPpLICY-Amended 10/17/~ 114:2 1 1 )11 Vill. SCHEDULE A Order No.: L *t,t;,. Policy No.: 0 9902 144458 Date of Policy: June 06, 1986 At 4:09 F.M. Amount of Insurance: $ 640,000,00 1. Name of Insured: PITKIN CENTER JOINT VENTURE 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: PITKIN CENTER JOINT VENTURE 4. The land referred to in this policy is described as follows: Lots 2 and 3, PITKIN CENTER SUBDWISION (A ~~~Split). as flhown On the plat thereof recorded February 22) 1983 in Plat Book 14 at Page 36 as Reception No. 248117. County of Pitkin. State of Colorad 1 % . L ' Stewart Title of Aspen," Inc. 602 East Hyman ' .,t 1 3 04 Aspen, Colorado 81611 ,Â· 43(303) 925-3577 -4-C/--44---4- 02 1 - - . .' I , 0 -. ; -.tti,Â·: .Â· .c:,â€¢ â€ž t,CiAUT}IORIZED COUNTERSIGNATURE.~4.j.:.!.,~.<144. '43:ti~:y.~). 2-Â· 2~:1 .'7:F,, ' :Â·20 , jtj)Â·9.-0.63.1.44: 1. Â· 9 Â·1' ... rs .. â€¢. r.. 2.*76 y ./ Â· 2 STEWART TITLE 7 GUARANTY COMPANY . 1 004 4, -*$' BE 'MAN ALTA OWNER'S POLICY-Modified 10/73 "ORDER NO.: 14086 SCHEDULE B Policy No.: This policy does not insure against loss or damage by reason of the following: 0 9902 144458 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Easements and rights of way as shown on the AÂ¥t of Pitkin Center Subdivision (A Lot Split),e,ecorded Febr~lary 22. 1983 in Plat Book 14 at Page 36 as Recep~~ No. 248117~ 9. Building encroachment,as shown on ~e plat of Pit:kin Center Subdivision (A Lot SAA) recorded rel)ruary 22, 1983 in Plat Book 14 at Page 36 as NW~eption No. ~48117. 10. Terms, con~Xions, and ~e~trictions as set forth in Statement of Excepti* From the FuU; Subdivision Process recorded February 22 ~1983 in Book 440 at Page 863 as Reception No. 248116. U 11. A Deed of Trust dated June 6, 1986, executed by Pitkin Center Joint Venture, a Texas joint venture, to the Public Trustee of Pitkin County, to secure an indebtedness of $1,725,000.00, in favor of Aspen Savings and Loan Association, recorded June 6, 1986 in Book 512 at Page 274 as Reception No. 278542. NOTE: Assignment of Rents recorded June 6, 1986 in Book 512 at Page 297 as Reception No. 278543, given in connection with the above Deed of Trust. Â· .tÂ¢ . /- 1 -I STE TNANT TITI.E