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Home My WebLink AboutLand Use Case.1022 E Hyman Ave.0069.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0069.2009.ASLU 2737 18110001 & 2 1022 E. HYMAN AVE AMY GUTHRIE STREAM MARGIN REVIEW EXEMT STEVE WILSON 11 /3/2009 CLOSED BY Angela Scorey on 12/10/2009 ,.-. .., Note To File RE: 1022 East Hyman Ave ,~-. ~. Applicant withdrew the application because the parcel's setbacks would not accommodate the proposed storage area. The applicant is adding abear-proof trash enclosure instead, which is exempt from floor area calculations. (see section 12.08, Wildlife Protection, of the Municipal Code). Stream Margin Review is not required for bear proof trash enclosures, so no approval or denial was given. r ~ .-. (A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the services provided to all customers, the charges to such customers and payments received, the form and recipients of any notice required pursuant to this Chapter, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each Hauler to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (B) If requested, each Hauler shall make its records available for audit by the City Manager during regular business hours in order for the City [o verify Hauler compliance with the provisions of this Chapter. All such information shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. (C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler, owner or occupant, shall be unlawful and subject [o the penalty provisions in Section 1.04.080 of this Code. Each violation shall constitute a separate offense. (Ord. No. 26, 2005, § 1) Sec. 12.06.080. Sunset provision This Chapter shall remain in effect until five (5) years from the date of adoption of the ordinance codified herein, at which time the City Council shall amend, expand or repeal this Chapter. (Ord. No. 26, 2005, § I; Ord. No. 17-2008) Chapter 12.08 WILDLIFE PROTECTION Sec. 12.08.010. Definitions. The definitions and terms used in this Chapter are defined as follows: (I) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2) Wildlife-resistant refuse container means a fully enclosed container that can be constructed of pliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the standards of testing by the Living With Wildlife Foundation and approved by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by aCity-designated official. (Ord. No. 27-2005, § I; Ord. No. 8-2008) (S) Wildlife-resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not be attached to an historic structure, shall not be located in a public right-of--way and shall be located adjacent to the alley where an alley borders the property. Wildlife-resistant dumpster enclosures located in the Commercial Core (CC) and the Commercial (C-1) Zoning Districts are required to comply with Subsections 26.710.140.D.6 and 26.710.ISO.D.6, as applicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and f.n ``. ~ approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. (4) Special event means an outdoor gathering such as a concert, conference or festival. (5) Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger or City-designated official. (6) Refuse container means any trash can, dumpster or similar device used for the collection and storage of solid waste. (Ord. No. 13-1999, § I (part): Ord. No. 30-1999, § l; Ord. No. 27-2005, § I ) Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either: (1) An approved wildlife-resistant refuse container; or (2) A refuse container which is stored within a building, house, garage or approved wildlife-resistant dumpster enclosure. B. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife-resistant refuse containers, wildlife-resistant dumpsters orwildlife-resistant poly carts, which meet the requirements set forth herein or is approved by aCity-designated official. (Ord. No. 2-2001, §l; Ord. No. 8-2008) Editor's note--Ord. No. 2-2001, §I, repealed former 412.08 020, pertaining to wildlife resistant refuse containers and enclosures and enacted a new § 12.08.020 as herein set out. Former § 12 08.020 was derived from Ord. No. 13-1999, §1. Sec. 12.08.030. Maintenance and operation ofwildlife-resistant refuse containers and dumpster enclosures. A. Wildlife-resistant-refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. If a container or enclosure is damaged, allowing access by wildlife, repairs must be made within seventy-two (72) hours after written notification by aCity-designated official. C. Providers are required to display their business name on all receptacles they provide within the City. D. All refuse containers must have the street address and unit number permanently affixed to the container with digits no smaller than two inches in height. (Ord. No. 13-1999, §1 (part); Ord. No. 27-2005 §l; Ord. No. 8-2008) Sec. 12.08.040. Residential refuse disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable [o keep their refuse container inside [he home or garage shall store their refuse in a wildlife-resistant refuse container or enclosure approved by a city community safety officer or environmental ranger. ,-~ m.,, ..1 B. Residents with curbside pickup shall place their refuse containers at the curb, alley or public right- of-way only on the morning of pickup. After pickup the containers must be re-secured inside the home, garage or wildlife resistant enclosure by 6:00 p.m. (Ord. No. 13-1999, § 1 (part)) Sec. 12.08.050. Special event refuse disposal. Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife- resistant containers or enclosures or be removed to an appropriate disposal site. (Ord. No. 13-1999, § 1 [part]) Sec. 12.08.060. Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. (Ord. No. 13-1999, § 1 [part]) Sec. 12.08.070. Construction site refuse disposal. All construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either awildlife-resistant refuse container or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. (Ord. No. 13-1999, § 1 [part]) Sec. 12.08.080. Interference with Enforcement Officer. No person shall interfere with, molest, hinder or impede the enforcement officers in the discharge of their duties as herein prescribed or violate any of the provisions of this Chapter. (Ord. No. 13-1999, § I [part]) Sec. 12.08.090. Enforcement. A. Enforcement officers may issue a warning notice or summons and complaint to any person in violation of this Chapter. B. An enforcement officer shall have the right to inspect property concerning any wildlife concern or potential wildlife attractant. (Ord. No. 13-1999, § I (part)) Sec. 12.08.100. Penalty assessment. Violation of any provision of this Chapter by any person, firm or corporation shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code. Either the owner or occupant or both may be held responsible for a violation of any provision of this Chapter. (Ord. No. 2-2001, § I ) Editor's note-Ord. No. 2-2001, §I, repealed former §1208.100, pertaining to penalty assessment and enacted a new §1208.100 as herein seI out. Former § 12DB.100 was derived from Ord. No. 13-1999, § I. r* ... Jessica Garrow From: Steev Wilson [swilson@forumphi.com] Sent: Tuesday, November 10, 2009 8:53 AM To: Jessica Garrow Cc: cmay@forumphi.com Subject: 1022 E. Hyman Follow Up Flag: Follow up Flag Status: Flagged Jessica, I have discussed the determination with the client and they would like to use the exterior space as a bear proof trash enclosure. Removing the trash storage from within the lower unit will free up a similar amount of space as the creation of a shed would have provided. So in order to increase to usability of there interior space we'd like to move trash storage to the location where you have already reviewed the shed. Under section 26.575.040 - A (10) /0. Trash containers. Wildlife-resistant refuse containers and Dumpster enclosures that meet the requiremends of Chapter /2.08 of this Code (Wildlife Protection) shall be allowed in the setbacks. Permanent placement of trash containers shall be prohibited in all front yard setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the setback of any yard facing a street. Under section 12.08 - 3, Referenced above 3. Wildlife-resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not be attached to an historic structure, shall not be located in a public right-of--way and shall be located adjacent to the alley where an alley borders the property. Wildlife-resistant dumpster enclosures located in the Commercial Core (CC) and the Commercial (C-1) Zoning Districts are required to comply with Subsections 26.710.140. D.6 and 26.710.ISO.D.6, as applicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. I have been in contact with the City Community Safety Officer, Bobby Schafer Officer #142, and am working through the process with him. Thank you, Steev Wilson LEEDT" AP Partner I~ Forum Phi, LLC 197 Prospector Rd. ~~ Ste. 2101 P.O. 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F ~~ $ ~ ~ ~ ~' ~ ~ o ~ 4 ~ ~ ~ ~ ~ ~ ^ ~ ~ ~ ~ 8 ~ LL p LL ~ ~ S' e ~ ' LL J 1' ~ n ~ '2 LL LL' !!lggq p ~ 0 YOWg F~~ (((W~~~ X f j 3 Z W ~ ~ 6 J~ ~ J 0 ~ N N J ~ aa ~ j = = ~ ~ ` r Y {I aGF F F i- GF W ~ ~ > > X 6 ~ S > > ~ ~ ~ ~ > > > m u m m iS ~ ~ r 8 :o $~ ~ ~Bn~K~ ~_~,~ ~ ~~_~ ~Y r ~ 3 N } o N ~ W < ~ 1 qy i a ~ ~ ; ~ w ~ ~ w °O 8 Y 33 ` W e (~ D ~ 0 Sec. 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood llazard Area, also known as the 100-year flood plain. Response: The project will fie within 100' ofthe 100-year.~lood plain. B. Exemptions. 'Fhe Community Development Director may exempt the following types of development within the stream margin review area: 1 !`.,....r.....r:.,« ,.F ..,.,]e..r ..:.... .... ....r......,l.:le 1..:,J..o.. ..., l,l:,. r«,.: ~,.... ..r...,.r. «,... F . ...r:,... ,J«,.:......., Fl,,,.,] ,.,...r,.,.l ,. ,,,ro...J:. ,~ I.,..,I ..r.,l.: ~:-....:,,., :,J e,J ~r...,.r.,.-,.: .o.J ~., .. .,..r l,J,,,.L....~ ,.F ,l.-,,:.......,, ,.L........,.~...J...:..,...,... ~, r...,.r. «.,`, ` ..I:,.,, r.. rl,o o..ro..r .. ..r'..,,I :rl. rl.., ..r..,...« ., ~ .............~ vv` ;~., , , ' Response: This exemption does no[ apply. 7 !'...,..r.....r:,,.. ,.F :........,. e e«r..., ,,..r:.,l f « ....J.I:,. I..,..I rl, .....1 ...,~ ~. ...1.:..1. „r L,., ....l,l., ., ...J„ro,J ,,..r..:,Je „Frt.., ~~..,. ,J,,..,.I,......,,w .. e..n yu"•`.:l.o,J`I..4Jrl,: C,,,.r: ,.1...7: h..r ...,r 1: :ro.J r., „r.,l.le ,.r„ ..r., ..: r.. «.. .. ..r:nr: o.. .....J F..e .. ~ ..r,,.«.. .. :.l o.J rl,e !` ............:~.~ T>o `el,,...«,,..r Il:..e,.r,,. ,J oro...,,:.,o.. rl.o ,J o.,ol.,...«....r ,. ..t:,.., r,. rl,o o .ro.,r .,..r:...,1 .:rl. rl.., ~r...,...« ... ..r.,.,.J....J.. ~ p' Response: This exemption does not apply. 3. 'hhe expansion, remodeling or reconstruction of an existing development provided the following standards are met: Response: The project will consist of (he addition of a 28 SF s[orage shed. a. The development does not add more than ten percent (] 0%) to the tloor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Response: The floor area of the existing slruclure is 2, 892 SF makes the addition abou! 1 % of the existing slruclure. The remaining allowahle exempt area is enough !o include the proposed shed. b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Response: The development will nod affect any drew. rod ~ ` ~' ; ~, :: ,.~,~ ro~F ~ ; ~i ` ~i wE 3 ~ ~ ~~ x 4~ pmI ~ I } w'~s 2 C ... 1 A ~ F "` ~~ ~ktF . v z r r~ U y r ~ d v c - s~ m 1 ' ~ r ~, kit`sr w~~~ac ,,, z ~ ,. `~ a ~ ~ 111 r.~ ,~j~" .. ~!' ~ ~` tea. ~S7 Fti ~ x r~ r: '~xex ~ fir` } r Cy n' ~. ~ q ~ r~ 3' ~ ~ ~~ '- ~ ~ v f ~ ~' i~ O Applicant's Name: Candice Olson ~ , '/~ RF~F/ Date: 10/21/2009 ~'~'0"~ryp~~ ~~N Address: 1022 E. Hyman Aspen, CO 81611 Purpose: Stream Margin Review Exemption Contents: 1. Land use application 2. Written response exemption criteria 3. Consent of Representation 4. Fee Agreement 5. Copy of Check 6. Vicinity Map 7. Drawings and analyses Contacts Owner: Candice Olson 975 Memorial Drive #205 Cambridge, MA 02]38 Phone: (917) 575-9717 Owner's Agent: Forum Phi Steev Wilson 197 Prospector Rd 2101 Aspen, CO 8161 I Phone: (970) 279-4109 Fax: (866)770-5585 ATTACHMENT 2 -LAND USE APPLICATION OCT ~ ~+ R~~F~~E AYYLICANT: (~~~- '~ _( Name: Peter & Candice Olson N~TV ~J~' Location: 1022 E Hyman Ave Aspen, CO 81611, Units I&2 of the EUBANK subdivision l (Indicate street address, lot & block number, le al descri tion where a ropriate) ParcellD#(REQUIRED) 2737-181-10-001 &2737-181-10-002 REPRESENTATIVE: Name: Forum Phi Address: 197 Prospector Rd. Ste. 2101, Aspen, CO 8161 I Phone #: (970 279-4109 Pen.rF'.~T• Name: 1022 E H man Shed Address: 1022 H Hyman Ave. As en, CO 81611 Phone#: 917.575.9717 TYPE oe APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ® Other: Stream Margin Exemption ^ Lot Line Adjustment ^ Text/Ma Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing building is an 3 405 square foot 2 unit duplex residence, with an FAR of 2,892 SF which is existing non- conforming PROPOSAL: (description of proposed buildings, uses, moditications, etc.) The Lower Unit Unit-l, proposes to add a storage shed of 28 SF to the exterior of the building. With no garage/storage exemption used for this unit this will not increase the already non-conforming FAR. Have you attached the following? FEES DuE: $ 735 ^ Pre-Application Conference Summary ® Attachment#l, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: 1022 Hyman Shed Applicant: Peter & Candice Olson Location: 1022 Hyman Ave, Aspen, CO 81611 Zone District: RMF Lot Size: 6267 Square feet Lot Area: 3524 Square feet RF~E~VE~ (for [he purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 0 Proposed.• Number of residential units: Existing: 2 Proposed: 2 Number of bedrooms: Existing: 3 Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: ExistinK• 2982 sq. ft._Allowable: 2857 sq. ft_Proposed. 2982 Principal bldg. height: Existin~• _N/C Allowable: _25 eet Proposed: _N/C_ Access. bldg. height: Existing: none Allowable: none Proposed: none_ On-Site parking: Existing: _N/C Required: N/C Proposed:_ N/C Site coverage: Existing: Required: N/A Proposed: %OpenSpace: Existing: Reyuired: _N/A Proposed: Front Setback: Existing.• _I '-6" Required.• 10 eet Proposed.• _N/C Rear Setback: Existing• _10 Required: 10 eet Proposed:_N/C Combined F/R: Existing: NA Required: NA Proposed: _NA Side Setback: Existing: N/C Required: 5 eel Proposed :_N/C Side Setback: Existing: N/C Required.• 5 eet Proposed. •_N/C Combined Sides: Existing: _NA Required: NA Proposed: NA Distance Between Existing: N/A Reyuired: _]0 eet Proposed:_ NA Buildings Existing non-conformities or encroachments: House currently lies in the front yard setback. The FAR does not conform with the allowable Variations requested: Due to the extremely small size of this proiect, we would request to used the existing_plat maps in place of a full topographic survey which The City of Aspen would typically require. -~° .s Consent of Representation I, ~~JVI/ I the Owner of, 1022 E Hvman Ave ,Parcel ID Number: 2737-181-10-002 authorizeForum Phi to represent me in the City of Aspen Land Use Application submittal process. I also authorize this application to be processed. Owner /Olzolb ~ Date ..~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement Tor Payment of Ci[y of Aspen Development Aoolication Fees CITY OF ASPEN (hereinafter CITY) and Peter & Candice Olson (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for 1022 E Hyman Aspen, CO 8161 I (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of [he size, nature or scope of the proposed project, it is no[ possible at this time to ascenain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through [he greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT funkier agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right [o collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse [he CITY for [he processing of the application mentioned above, including post approval review a[ a rate of $245.00 per planner hour over [he initial deposit. Such periodic payments shall be made within 30 days of [he billing date. APPLICANT further agrees [ha[ failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT ey:~^,9 G~--~ Date~~ O I~L1Z U~ O Bill To Mailing Address and Telephone Number: Peter & Candice Olson 975 Memorial Drive #205 Cambridge, MA 02138 P: (917)575-9717 °~ ,^', ~., / ,,, WARRANTY DEED THIS DEED is dated the loth day of August, 2009, and is made between JOHN McCORM1CK (whether one, or mare than one), the "Grantor," of the County of Pitkin and State of Colorado and PETER W. OLSON and CANDICE CARPENTER OLSON the "Grantees;' whose legal address is: 975 Memorial Drive #205, Cambridge MA 02138 of the County of '(sernbre{~,G and State of Massachusetts. WITNESS, that ttrc Grantor, for and in consideration of the sum of(S10.D0) Ten dollars and no cents end other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and fhe Gmnmes' heirs end assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: See "Exhibit A" attached hereto also known by street and number as: 1022 East Hyman Avenue 1, Aspen, CO 81611 TOGETHER with ell end singular the hercditaments and appurtenances therero belonging, or in anywise appertaining, the reversions, remainders, rents, issues end profits thereof, end all the estate, right, title, interest, claim erd demand whatsoever of the Cranror, either in law or equity, of, N and to the above bargained premises, with the hercditaments and appurtenances; TO HAVE AND TO HOLD the said prcmiaes above bargained and described, with the appurtenances, unro the Grantees, and the Grantees' heirs and assigns forever. The Gmnroy for the Grantor and the Grantor's heirs and assigns, does covenant, gran[, bargain, and agree to and with the Grantees, and the Gmnroes' heirs and assigns: that at the time of [he ensealing and delivery of these presents, the Granor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, Cull power and lawful authority to grant, bargain, sell and convey the same in manner and Form as aforesaid; and [het the same are Gee and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Attached Exhibit B And the Grantor shall and will WARRANT AND FOREVER DEFEND [he above-described premises, bur not any adjoining vacnred sane( or alley, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any pan thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set fonh above. John McCormick ~ RECEPTION#: 561989, 08114/2009 at 04:29:28 PM, 1 DF 3, R 518.00 DF $100.00 Doc Code WD State otColorado ) Janice K. Vos Cautlill, Pitkin County, CO ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of August, 2009, b John McCormick QUg~~C Wim and an tHcial ~..... , ~~ ~P p p; F¢~pJ~••~8 tery Public: Z ; ~ J . ~~ My commission expires: q0 O" MARCIA pOt7TOl),4 • SrgTE rt~ c My Commission expires Nov. 5, 2008 f~' (%F ASPEN N1RE1? FAID ``D/A/TE RED t40. h'lU~il~y /~ '3 5"4 3s'~5 CITY OF ASPEN HFi£TT~ PAID DATE REP NO. Stewart title Oder Numbs 912951 No. 921 A Rev. IOAS. Wunnry Deetl (TO Jolm Tenenn) Page I of 2 ,.•, ,.., EXHIBIT B EXCEPTIONS 1. Taxes for the year 2009 not yet due and payable, and subsequent years. 2, 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. 3. Right of the proprietor of a vein or lode to extract end remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 21, 1955 in Book 180 at Page 454. 4. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent of record and any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead tin, copper or other valuable deposit claimed or known to exist on March 23 1885, as reserved by Patent recorded June 17, 1949 in Book ] 75 at Page 246. 5. Conditions as set forth in Deed recorded April 11, 1974 in Book 286 al Page 193 which state substantially as follows: Upkeep, maintenance and snow removal shall be the joint and mutual responsibility of the parties hereto, their heirs, executors, administrators and assigns. Such easement shall be accessible and open at all times. (Affects said easement across Lot Q)• 6. Terms, conditions and obligations regarding maintenance and snow removal as set forth in Deed recorded April 17, 1974 in Book 286 at Page 195 as Reception No. 166797. 7. Trail Easement granted to the City of Aspen by instrument recorded June 10, 1974 in Book 288 a[ Page 144 as Reception No. 168040, and Amended Gran[ of Trail Easement recorded December 19, 1983 in Book 457 at Page 542 as Reception No. 255798. 8. Molny-Eubank Subdivision Exemption Agreement with the City of Aspen, recorded February 23, 1981 in Book 404 at Page 682 as Reception No. 23 ] 044. 9. Al] matters as shown on the Condominium Map for the Eubank Condominiums recorded September 7, 1988 in Plat Book 21 at Page 25 as Reception No. 303635, and on the Plat for the Molny-Eubank Subdivision recorded February 23, 198] in Plat Book 1 I at Page l3 as Reception No. 231045. 10. Condominium Declaration for the Eubank Condominiums recorded November 1, 1988 in Book 577 at Page 262 as Reception No. 305496. ] 1. Resolution No. 02 Series of 2001 of the Board of Adjustment of the City of Aspen, granting a variance to John McCormick recorded November 19, 2001 as Reception No. 460983. 12. As [o the Roaring Fork River: (a) All right, title or claim or any character by the United Stales, state, local government or by the public generally in and to any portion of [he land lying within the current or former bed, or below the ordinary high water mark, or between the cut banks of a stream navigable in fact or in law. (b) Right of riparian water rights owners [o the use and flow of the water. (c) The consequence of any past of future change in the location of the bed. 13. Any rights, easements, interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated 7/31/2009 by The Sexton Survey Co.: encroachment of Storage Building across boundary on the South and conc. Encroaching onto Alley on the North. Order Number: 913951 wartvnty Decd- Eehibil A(Eeecptioru) Pegc I of I ~~ yl m THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 26, 2009 Deaz City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0069.2009.ASLU -1022 E. Hyman (Stream Mazgin Review Exemption). Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following .additional submission contents for you application: 1) Proof of ownership was not provided. According to the assessor's records, John McCormick owns the property. 2) The summary provided for the existing FAR calculation and proposed FAR calculation needs to cleazly address the standazd that no more than a 25% increase in building area exempt from floor area be added to qualify for the Stream Margin Review Exemption. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and aze to the satisfaction of the City of Aspen Planner reviewing the land use application. ^ Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessazy by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, fifer Phe eputy Director City of Aspen, ommunity Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc Parcel Detail f+. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber... O.w/ Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Quern ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photo>;raphs Tax Area Account Number ~ Parcel Number 2008 Mill Levy L. 001 ~ R012695 273718110001 Owner Name and Address MCCORMICK JOHN PO BOX 1067 ASPEN, CO 81612 Legal Description Subdivision: EUBANK Unit: I Location Physical Address: 1022 E HYMAN AVE ASPEN ~ Subdivision: EUBANK ~ Land Acres: Land Sq Ft: ~0 2009 Property Tax Valuation Information ~ ~ Actual Value ~ Assessed Value ~- Land: ~ __ O 0 ---. - Improvements: i 1,864,700 148,430 I Total: j 1,864,700- 148,430 1 of 3 10/26/2009 10:37 AM Parcel De[ail ~„,1 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber... `~,/ Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Querv ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Corrtmercial Improvement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2008 Mill Levy - -- j 001 ~ R012696 ~ 273718110002 Owner Name and Address JOHN Legal Description EUBANK Unit: 2 Location BOX 1067 'EN, CO 81612 Physical Address: X1022 E HYMAN Avr, a~rr;ly ~-- Subdivision: EUBANK Land Acres: -- -- ~ Land Sq Ft: 0 2009 Property Tax Valuation Information Improvements: 3,229,200 257,040 Total: 3,229,200 257,040 Actual Value ~ Assessed Value Land: ~ 0 ~ 0 I of 3 10/26/2009 10:38 AM ~~ ; W6~ L; 8 ~_ o ,5sg5 ~~ Account name: Applicant: Type: Permit Number 0069.2009.ASLU CITY OF ASPEN ~ e Permit Receipt RECEIPT NUMBER 00026692 27763 FORUM PHI check # 2572 Fee Description Aspen Land Use App Fees Date: 10/22/2009 Amount Total: 735.00 735.00 ~2 '~ 0 ~ S'' n, ~~lS~ ~` ~-- 2~S?- t8-/-10-0o i ~nn2737 - 1 s-i - Iv - 00'2- N~ Eue Edrc Beard Ol~'~ ~m wD3at Iab Hep -~ ~-~ ~~ ~~~.~ 4- PermR Type aslu .Aspen Land Use Address 1022 E HYMAN AVE (ay ASPEN Master Pemk ~- Z~ Project z Description STREAM MARGIN REVIEW EXEMPTION Submitted STEVE WILSON 279 4109 Last Name EUBANK DALE ] Fist Name ~- ~~ R~ pALE~CO 81623 Phone ~- rOwner Is Appicant? 4ppicaM- ~ -- __..._ _ _ __ --- -- ---- -----_-- Last Name FORUM PHI ] Fist Name ~- 103 DEVON CT BASALT CO 81621 Phone 970)279-4157 CustY 7763 Last Name ~-~ FWSt Name Phone ~- C(,t- ~ 257 Z c(~ i4wirMnY~~3s~ ~~ C~y~l~ ~ ~-66°I ?i parent+r 0069.2009.ASLU AptJSuRe 1 State CO . Zb 81611) Rputhq Queue aslu07 Appied t0~2212009 J Status ending Approved f - J Issued ~-] f -J Cbdc 0.unning Days ~ ExDies 1O117j2010 J