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HomeMy WebLinkAboutlanduse case.es.320 Lake Ave.0001.2012.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0001.2012.ASLU PARCEL ID NUMBERS 2735 12 4 01 002 PROJECTS ADDRESS 320 LAKE-VIEW MI PLANNER CHRIS BENDON CASE DESCRIPTION PLAT AMENDMENT gttSQ91/4 ib$ gy empr,insi REPRESENTATIVE MIKE HOFFMAN DATE OF FINAL ACTION 2.28.12 CLOSED BY ANGELA SCOREY ON: 3.14.12 -w J 2735 -12 - % -0I - Oo7 000 ( •20I2 - ksLt' Eild Edit Ecard ticAdb3 F7m RePorls Famat It koiP i :04 ►x ►* M4 Gj G ® As• 1 ill k 010AlPP 1 : ,$€ 0101 Atili 'A .13 4 IFe IFos Mar, Vim I I Rang tiort Iltaison I wipe lush IIt J ► .'Aspen Land Use 11112012.ASLU y '20 LAKE AVE I :! 0 y 1 MIll 138012 . ,s k' , I •' CATION FOR PLAT AMENDMENT FOR 320 LAKE AVENUE (SOW 1 Mala t4KE HOFFMAN 970 9251936 Gra 'Running Dj 0 I1228/2012 .I Meta ea . i J Over 6a we MARSHALL RONNIE Fret we 320 LAKE AVE ASPEN CO81611 More (970)925.5551 Adders • APPlealt ❑Owns is appicant? ❑Contractor h oppicant? li,' Last name GARFERD 8 HECHT Fist nave 601 E HYMAN JNIT 2 Phone 1(970)925.1936 Curt i 25185 Address ASPEN CO 81611 Lads' Last name Fist name Phone O - Address Dap the rani a"acetstsedicts A+pxhdth( +0_icti _IIIIILoil atott I 4-qC 2 i)c her- CoF-Lr—, G-k 1r20 -oa Q i �1, ��k sl, te 30�.6�— Z �'\ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name,Mailing Address and telephone number 320 Aspen, LLC, 2950 E. Broad St., Columbus, OH,43209, with the consent of the current property owner, Ronnie Marshall, 320 Lake Avenue, Aspen, CO, 81611, 970-925-5551. Legal Description and Street Address of Subject Property 320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID# 2735-124-01-002. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council granted approval for Subdivision Amendment to remove a condition related to setback requirements. Land Use Approval(s) Received and Dates(Attach Final Ordinances or Resolutions) Aspen City Council Ordinance#4, Series of 2012. Effective Date of Development Order. (Same as date of publication of notice of approval.) March 8, 2012. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) March 8, 2015. Issued thi 6th day of March, 2012 by the City of Aspen Community Development Director. i Chris Benson, Community Development Director J AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE �, Ln ADDRESS OF PROPERTY: �ott-e-t.of fly-f-/- 4110 " e"` , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin / ) I, A bnc-i?i1,c-e11, (name, please print) being or representing an Applicant ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen(14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ___� c�7 Signature The foregoing "Affidavit of Notice" was acknowled ed before me this G/ day of y-'�0.ra---- , 20/L by 74y`^)4� 5 co---,---) . J PUBLIC 3710E WITNESS MY HAND AND OFFICIAL SEAL pILM/EYELOwEx«r APPROVAL 'r P.61 t t� f Notice reby given to the general Plan u�ied eeti�rir �7 l LI approval of a Ste specific develop r My omission expires: ��C{—C- I%the creation.a a vee1M er�ropeAoiytngMfa,rsuard to y Lent Use CodeoftheCityof Aepanendrnh DA M. ; 26,to the 68,wobrees Revised opert: pertwn- 1 �I Inv to ins arcel Irof deaerl sh propem:320 ` iJi 1G el L•k• J �` Avenue, of sl 1 ,Co Marsh I tn.Slat ofty end rado l tAspen,Countyof .32 StatedCdo- :D rado, T2]35-12401Ao2. 320Aeyyen,LLC, , :'6% otary Public 2960 E.Broad SL,Columbus,OH,43209 made en dTpr_'p' ' application for Subdivision amendment with the consent of the currant property owner,Ronnie Marshall,320 Lake Avenue,Aspen,CO,81611. kt• The applicant received approval through Oral- Expires 0312912014 nance number 4,series of 2012 of the Aspen City I^ Council,ed a plat amendment remove a condo- ATTACHMENTS Con related to setback n requirements-ant to ppl The on the , alearetle tyof intpeknduseahplicationonfile with ice iv of Aspen. For further informeticn COPY OF THE PUBLICATION ceMeq Mry Gp.,1 at S.a Aspen Community lo- ralop�rd pep2,�0 S.Gelene SL Aspen,Colo- Cay of Aspen Published in The Aspen Times Weekly on March 8, 2012[/6402031 MEMORANDUM VI\, P4 CO TO: Mayor and Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director •• LW) RE: 320 Lake Avenue- Subdivision Amendment, Second Reading of Ordinance#4, Series of 2012 DATE: February 27, 2012 APPLICANT /OWNER: 320 Aspen, LLC. SUMMARY: The current owner of the property, The Applicant requests that Council amend the Ronnie Marshall of 320 Lake Avenue, Marshall Lot Split Subdivision approval granted in Aspen, CO 81611, has consented to the 1987. The Subdivision, which split one large parcel application. in half, included a condition of approval that created more restrictive setbacks on Parcel 1 than required REPRESENTATIVE: Michael Hoffman, by underlying zoning. Garfield and Hecht, P.C. STAFF RECOMMENDATION: LOCATION: 320 Lake Avenue, Parcel I Staff recommends that the amendment be approved of the Marshall Lot Split, Aspen. finding that circumstances on the site, as well as City Land Use regulations, have changed since the ZONING & USE: R-6, single family Subdivision approval. home. ii I ar y■ �, ^T 3M .�^.'` S,3 Et.. .P fff . -_ Page 1 of 3 LAND USE REQUEST AND REVIEW PROCEDURE: In December, the Applicant received Conceptual HPC approval for a remodel to the existing Victorian era home on the subject site. The remodel entails demolishing and replacing an older addition to the building, and moving the house slightly closer to the street and towards the south. HPC granted approval including variances from the standard setback requirements of the R-6 zone district. It was anticipated that the applicant would then approach Council to ask that the standard setback requirements, rather than the setbacks established in the 1987 Subdivision, be applied. Staff determined that it was best to have HPC conduct design review and make a preliminary determination on the appropriateness of the project before Council was asked to consider the Subdivision Amendment, rather than the other way around. The ability for the applicant to move forward to Final HPC approval depends on Council's determination regarding the setback condition, which appears as a note on the Marshall Lot Split plat. Council is the review authority on this Subdivision Amendment. SUBDIVISION REVIEW Subdivision review was originally required to split what was once 13,000 square foot lot into two approximately equal lots. The parcels both meet the minimum lot size for the neighborhood, which is 6,000 square feet. Section 26.480.080.B of the City Land Use Code provides that Subdivision amendments which are not insubstantial are reviewed and approved by City Council, "provided that the proposed change is consistent with the approved plat." Staff Response: Some of the original records for Council review of this Subdivision were apparently not retained, and Council determinations were not always done by Ordinance at the time this Subdivision was granted. The application includes the minutes from City Council's Nov. 23, 1987 discussion. Planning Staff and Council were concerned with avoiding negative impacts to existing trees on the property as well as Hallam Lake, and crafted a condition on the Subdivision in that vein. The 1987 Subdivision approval stated that all development on this property should be confined to the footprint of the Victorian and the addition that was already in place at that time. It appears that this was done in order to protect a row of three large cottonwoods in the south sideyard of Parcel 1. Those trees have since deteriorated in health and have received Parks Department approval to be removed. Without the trees, there is no clear reason to limit the buildable area on the south side of Parcel 1 in a manner that is different than what is required of the rest of the neighborhood. Regulations to protect Hallam Lake from the impact of development on the bluff were adopted after this Subdivision. The current redevelopment proposal is subject to these strict criteria, particularly the requirement for setback from the top of slope. Staff believes that development at the rear of the site is appropriately regulated through today's Environmentally Sensitive Area regulations. Staff cannot identify a rationale for restricting the front yard setback on this parcel in a manner that is different than adjacent parcels. Page 2 of 3 RECOMMENDATION: Staff recommends that the applicant's proposed plat amendment, removing the 1987 condition, is accepted due to changed circumstances and changed Land Use Codes since the time of approval. PROPOSED MOTION: "I move to adopt Ordinance#4, Series of 2012." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance#4, Series of 2012 Exhibit A: Application Page 3 of 3 f ORDINANCE #4 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING A SUBDIVISION AMENDMENT FOR THE PROPERTY LOCATED AT 320 LAKE AVENUE, PARCEL 1 OF THE MARSHALL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 2735-124-01-002 WHEREAS, the applicant, 320 Aspen, LLC, represented by Michael Hoffman, Garfield and Hecht, P.C., has requested a Subdivision Amendment for the property located at 320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, Colorado. The current owner of the property, Ronnie Marshall, has consented to the application; and WHEREAS, Section 26.480.080.B of the Aspen Municipal Code establishes the process for Subdivision Amendment which may be approved by City Council, "provided that the proposed change is consistent with the approved plat;" and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standard for Subdivision Amendment is met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: Subdivision Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves a Subdivision Amendment to remove a plat note which imposes setback restrictions on Parcel 1 of the Marshall Lot Split plat and replaces it with the following note: The execution and recording of the Amended Plat memorializes the vacation of the first Plat Note found on the Plat for Marshall Lot Split, recorded in the real property records of Pitkin County on January 26, 1988 in Plat Book 20 at Page 54, as such vacation was approved by the City of Aspen in Ordinance #4, Series of 2012. The Nat Note, which restricted development into the existing sideyard and front yard for Parcel 1, is no longer needed as it restricts development within the south sideyard because trees located on the south side of Parcel 1 have become old and diseased. The City of Aspen Parks Department has issued 320 Lake Avenue Ordinance#4, Series of 2012 Page 1 of 3 Tree Removal Permit 2009-109 to authorize the removal of those trees. Restriction of development within the front yard and north side yard is governed by the dimensional requirements of the R-6 zone district, except as those requirements have been or may be varied by the City of Aspen Historic Preservation Commission or other authorized representative of the City of Aspen. Section 2: Recordation A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. Section 3: Severability If any section, subsection, sentence,clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land 320 Lake Avenue Ordinance#4, Series of 2012 Page 2 of 3 Use Code of the City of Aspen and Title 24,Article 68, Colorado Revised Statutes,pertaining to the following described property: 320 Lake Avenue, Parcel I of the Marshall Lot Split, Aspen . Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 27th day of February, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23`d day of January,2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this_day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 320 Lake Avenue Ordinance#4, Series of 2012 Page 3 of 3 s.,f ASPEN OFFICE GARFIELD &HECHT, P.C. 601 East Ilyman Avenue Aspen)Colorado 970) 569, REDFWWED relcynane(vzo)9zs-1936 ATTORNEYS AT LAW Facsimile(970)925-3008 ' Since 1973 1 www.garfieldhecht 1 com JAN 7 2012 CITY OF ASPEN COMMUNITY DEVELOPMENT E. Michael Hoffman E-mail: mhoffmanl(&Qarfieldhechtcom Phone: (970) 925-1936 December 30, 2011 Ms. Amy Guthrie Community Development Department 130 S. Galena Aspen, Colorado 81611 Re: Amendment of Plat for 320 Lake Avenue,Aspen, Colorado. Dear Amy: This letter represents the next phase of the application of 320 Aspen, LLC (the "Applicant") for development of 320 Lake Avenue in Aspen (the "Property"). As discussed below, the Applicant seeks to eliminate a note found on the Marshall Lot Split Plat (the "Plat") which restricts development along the south edge of the Property. It appears that the note was originally included on the Plat to protect three large cottonwood trees, which have now become old and in need of removal. The Aspen Historic Preservation Commission ("HPC") recently granted conceptual approval to a development plan for the Property which requires use of some of the land restricted by the plat note. To accomplish that development plan, the Applicant requests a modification of the plat to remove the relevant note pursuant Section 26.480.080 B. of the City of Aspen Land Use Code (the"Code"). The legal description of the Property is Parcel I, Marshall Lot Split, according to the Plat thereof recorded January 26, 1988 in Plat Book, 20 at Page 54.Pitkin County, Colorado ("the Property"). In the late 1980s the City approved a subdivision exemption for a 13,603 square foot lot owned by Ronnie Marshall. The City's decision authorized the filing of the Plat which created two smaller parcels, designated Lots I and II. A copy of the original Plat is enclosed with this letter as Exhibit A. A note found on the original plat restricts development in an area which in 1988 was occupied by three large cottonwood trees. While those three trees still exist, the City's Parks Department has determined that the integrity of the three subject trees has been compromised by age and decay Ms. Amy Guthrie December 30, 2011 Page 2 and that the trees should now be removed. A permit for removal of the trees has been issued by the City. Copies of a letter from the City Forester and an Addendum to the resulting permit, which describe these findings, are enclosed with this application as Exhibit B. The HPC granted Conceptual Approval to the Applicant's preservation and development proposal for the Property on Wednesday, December 14, 2011. While this part of the application does not involve the City's Historic Preservation Guidelines or the historic preservation provisions of the Aspen Land Use Code (the "Code"), the request made in this letter is fully consistent with the HPC approval. Code Section 26.480.080 B. provides that a plat may be approved by City Council without completion of an entirely new subdivision process when "the proposed change is consistent with the approved plat." The original Plat was originally approved by City Council for the purpose of permitting development of each of the two parcels resulting from the lot split in a manner consistent with the Property's natural constraints. One of the most obvious of those natural constraints was the existence of three cottonwoods near the south boundary of Lot I. Glenn Horn was the City's planner who presented the application to Council on November 23, 1987. As recorded in the minutes of that meeting, Horn said it is doubtful there will be an addition on the south side as there are 3 tremendous cottonwoods which set the tone for the whole parcel. Horn said it is unlikely the applicant would be permitted to remove those trees. Mayor Stirling suggested adding a condition to preserve the existing front setback and the south side setback. Councilman Gassman moved to add condition 9 that an addition to the existing house not encroach into the sideyard more than it does and not encroach more to the south than it does on parcel l; seconded by Mayor Stirling. All in favor, motion carried. A copy of these minutes is included with this application as Exhibit C. Unfortunately no copy of the staff memorandum or the City Council resolution of approval survives. However, these minutes appear to fully explain how the plat note at issue here was first authorized by Council. The limitation added to the 1987 approval as condition 9 was memorialized on the Plat by the following language: "An addition to the existing house will not encroach into the existing side and front yard for Parcel I." An enlargement of that portion of the Plat which included this note is found on Exhibit D, attached hereto. A proposed First Amended Plat for Lot I, Marshall Lot Split (the "Proposed Amended Plat"), in both 24" x 36" (one copy) and 11" x 17" format (15 copies), has been filed with this application. The Proposed Amended Plat meets all of the City Engineer's requirements for documents of this type. The only substantive change effected in the Proposed Amended Plat is that found in the note found in the center bottom of the document: Ms. Amy Guthrie December 30, 2011 Page 3 The execution and recording of this Amended Plat memorializes the vacation of the first Plat Note found on the Plat for Marshall Lot Split, recorded in the real property records of Pitkin County on January 26, 1988 in Plat Book 20 at Page 54, as such vacation was approved by the City of Aspen in Resolution No. Series of 2012. The Plat Note, which restricted development into the existing side and front yard for Parcel I, is no longer needed as it restricts development within the south side yard because the trees located on the south side of Parcel I have become old and diseased. The City of Aspen Parks Department has issued Tree Removal Permit 2009-109 to authorize the removal of those trees. Restriction of development within the front yard and north side yard is governed by the dimensional requirements of the R-6 zone district, except as those requirement have been or may be varied by the City of Aspen Historic Preservation Commission or other authorized representative of the City of Aspen. We understand that you need to re-review the "common development review procedures" set forth in Section 26.304 of the Code. Our responses to those procedures, which were also included in our request for Conceptual Approval from the HPC, are included with this application as Exhibit E. Copies of a letter of authorization and of the fee agreement are attached hereto as Exhibit F. A copy of the proposed Amendment of Plat is also submitted with this application. Sincerely, E. Michael Hoffman Table of Exhibits Exhibit A—Original Plat of Parcel I, Marshall Lot Split Exhibit B - Letter from the City Forester and Addendum Exhibit C—Minutes of City Council Meeting of November 23, 1987 Exhibit D—Enlargement from Original Plat Showing First Plat Note Exhibit E—Responses to Common Development Review Procedures Exhibit F—Letter of Authorization and Fee Agreement V Iiii/7, ?; iiii1'Y p V E' E r R. ,: i p[ 10 V��},S' jp;1 7kE � tP ; T I. k c` 3 3 9 i t FF gg i 12 # pp ,m ,L '' ® z F P a6 m ( . ; a rp s ^� 4 a as ii a m .i .'�_I;3�fi-- E*< 1i s ID s 0, 6oE O ,X90 4 agj`igy§yd jp i tit i Ii. .t\ 2 i N ii iiita:p11 it 14111 - J.. I- 1 r a to a 21el _ 1$ g �_ g t IXl,n 'si Z 1 K Fg K A N gE gillii 1 I [g a i 11, i R. °a ;e 2 { ' a I. m 9 ' M.g3 a i• m , va°aj g i 'gi 'm `3 2r 4i v •-e 2 Ci4 g �ppii{ < - a ° 3 .� § i ii iql..cif I. co p p o f m 332 7 ip°i 2 fig i� .' s : II m,.L. y 6q; m c of 1. % z dill ia911i m 1 II lAiiil is A ii z 9i r i, N x <q^l i pi a •l I.til -- p s s- 1 iiii 1s°3" 16 V. 8E n ]]]3 r n gl . i. .:i lq2 1 a F:i ¢l m eL.,1t I . -i ii •I3 !sill a 3 \, r Exhibit B ASPEN PARKS & RECREATION October 20,2009 Rowland and Broughton Architecture and Urban Design 117 South Monarch Street Aspen,Colorado 81611 RE: 320 Lake Avenue; 3 narrowleaf cottonwoods To Whom It May Concern: The purpose of this document is to summarize the findings by the City Forester upon investigation of 3 narrowleaf cottonwoods (Populus angustifolia) on the south side of the property Iocated at 320 Lake Avenue in Aspen,Colorado. This investigation was completed to determine the health and structural stability of these trees in response to the request for them to be removed. Each tree was investigated separately using a resistograph on the trunks as well as in the canopies. The resistograph is a tool that allows the operator to measure and map internal decay pockets without causing harm to the living tree. An arborist,chosen and hired by the applicant,was used to conduct the investigation in the canopies with guidance from the City Forester. Resistograph results will be attached to this document along with written explanations/diagrams of these test areas in each tree. Formulas utilized to determine strength loss and the threshold for labeling hazard trees come from Wagener 1963 and Mattheck and Breloer 1998,respectfully. The strength loss formula is as follows: strength loss =(diameter of decayed wood)^3/(diameter of trunk)^3 x 100 The hazard tree threshold formula is as follows: t=R; where t is the thickness of sound wood remaining in the thinnest remaining wall and R is the radius of the decay pocket plus the remaining wall thickness. East most tree;furthest from Lake Avenue This cottonwood has an outside bark diameter of 35 inches, with approximately a 2 inch bark layer. There have been some large wounds left behind in the canopy of this tree due to past pruning. The upper most lead of this tree has a significant amount of decay due to one of these old wounds. Just below this main leader,at the point where another large scaffolding branch is located,the decay pocket ends. The resistograph was utilized at this branch union to determine structural integrity, and adequate sound wood was found. It is my recommendation that the above referenced upper leader be pruned at the branch union of said scaffold branch. No other threatening issues were found in the canopy of this tree. After a resistograph inspection of the trunk of this tree,2 feet above grade, it was determined that a decay pocket existed with an average diameter of 19 inches. This decay pocket was off center inside the trunk, favoring the south east direction. The thinnest strip of sound wood on this south east side is 3.5 inches in diameter. The strength loss formula yielded a loss of 23% in this trees strength as a result of this decay. The hazard tree threshold formula resulted in 0.3, which indicates that this tree should not fail due to this defect. It is the Parks Department's position that this tree shall remain on site and continue to be a major contributor to the community forest, with the consideration that the upper lead (described above)be removed as a safety precaution. The removal of that particular branch is a decision to be made by the owner if they choose to do so. Middle tree This cottonwood has an outside bark diameter of 31 inches,with approximately a 2 inch bark layer. Again,there have been some major wounds created in the central lead of this tree which have lead to extensive decay. Unlike the east most tree,there isn't a good location to prune out this decayed leader without taking the tree completely out. The resistograph results in this area showed no sound wood on the west/north west side of the trunk, accompanied by several woodpecker cavities. The trunk of the tree was resistographed and a decay pocket was detected with a diameter of 18 inches. The thinnest strip of sound wood was on the south side of the tree and measured 3.5 inches. The strength loss formula resulted in a 29%loss,while the hazard threshold formula resulted in 0.29. When the threshold formula results in anything less than 0.3,the tree is more likely to fail. Due to the extensive decay in the canopy with nowhere to prune back to, it is the Parks Department's position that this tree should be removed before structural failure of the crown can cause damage to the home. West most tree; dosest to Lake Avenue This cottonwood has an outside bark diameter of 29 inches,with approximately a 2 inch bark layer. There is one area where an old pruning cut has caused a large wound in one of the main leaders of this tree. It was explored with the resistograph and no significant decay was detected. All other areas of the canopy seemed normal. The trunk was resistographed at 2 feet above grade,resulting in a decay pocket that averaged 16 inches in diameter. The thinnest strip of sound wood was on the east and south east sides of the tree, measuring 3 inches in both places. The strength loss formula resulted in a loss of 26%, while the threshold formula resulted in 0.26. This threshold reading,significantly less than the 0.3 level, indicates that this tree has a higher potential for structural failure. It is the Parks Department's position that this tree be removed to mitigate the possibility of structural failure of the entire tree at the point of decay. In summary, it was found that all three trees have pockets of decay in the trunks, though the middle and west trees resulted in a rating of 'hazardous' according to Mattheck and Breloer's formula. The east tree has a hazard in the canopy in the form of one decayed lead which should be removed if the owner chooses to do so. It is recommended that this east tree be placed on a monitoring plan, in which the Parks Department is happy to help with, to keep an eye on the potential advancement of the decay pocket in the trunk_ The middle and west trees should be removed at this time to avoid potential failure. 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I 10 )).1-11/ ,Cv-v-u-• 30,-7,1- 'kg-de:It:A e2e,1-2- ---= _Z, „1-Ir_ gle"+— le, 6'1)1 c..i4.9.2:47%_„._„..,______ —it it o S en--et trgo471—e-___ -P/'/ I:' ,.e.01,,__. — --— *, II i 1 - 1-67 • DI-11/ Aer, 47A. 1/4log:'c/rif _Weill- --------- 2. y s 4•--,-.P.. . 6,,,, g 1 oX 1 r-e-....-.2., fic I- c,,,.....r&-f tr....47 .4.1"--"" PIT th-,74 7.....e.-/e_ 9 n ie-e...(k . • if . . .. , . .. ti • II - . - . i • _,__: ...., • • ,,,, 7 So,i 1.....ci t.-,.-44/1 IX-1 A.-•ce. _ - : • II- ' , it • . !! 0 i . . . 0 . 1-1,... , — • i "--x_. • x • ---------____X::?: - 11 . _ I . . , . . . II . II MUST BE POSTED ON PROPERTY Addendum to Permit#2009-109,320 Lake Avenue The owner at 320 Lake Avenue has requested the removal of 3 large narrowleaf cottonwood trees,on the south side of the property, in order to expand/relocate the current structure. The expansion desired would require the removal of all 3 trees. Each tree was investigated separately using a resistograph on the trunks as well as in the canopies.After extensive review of the inspection outputs,the Parks Department has permitted the removal of 2 of these trues due to their current condition of having an unacceptable amount of decay within their boles and canopies. The third tree was determined to be of borderline structural integrity and was originally required to be preserved in an effort to maintain some of the valuable tree resources on this property. Upon further extensive scientific investigation into the crown of this tree, it has been determined that the tree has a limited life expectancy coupled with marginal structural integrity. It is for these reasons that the Parks Department shall grant the removal of this third narrowleaf cottonwood tree, as originally requested by the applicant. The applicant must provide the City Forester copies of approved building permits at 320 Lake Avenue prior to the removal of the tree. At that time, this addendum shall be validated and the tree may be removed with no further documentation required. The original permit contains information regarding the middle and west trees and is considered accurate and applicable to the project site. The original permit and this addendum shall be kept onsite. (/ t /-/2-/62 Chris Forman Forester,City of Aspen Date t • r2 • to Stephen Bllspent n Director Parks and Open Space Date Permit Valid for one year after approval date. Exhibit C app • .riation resolution, which is, a housekeeping item. Abel said t' : city has requested RFTA do the improvements to the alley as • - rt of the Rubey park project . Abel said it is necessary to a.. opriate revenues from the city and expenditures for this project . Abel told Council early in the project it became apparent it we,. . be appropriate to remove the trees off the site and replace it -'th new landscaping. Abel said this resolution also incorporates .' e contributions from Hadid Aspen Holdings to refund part of the t - sportation study. Councilman Tuite asked if the city has replaced ido' s fence. Abel said it has not been replaced. The project is o sold for the alley work due to weather. Councilman Tuite said he - c Id like the fence repaired regardless. Councilwoman Fallin moved to approve the supplemental .-•ropria- tion for RFTA ; seconded by Councilman Tuite. All in . or , LOT SPLIT - Marshall Glenn Horn, planning office, told Council this is an application for subdivision exception to create a lot exempt from growth management . The existing parcel is about 13 ,000 square feet. This parcel is located on Lake avenue overlooking Hallam lake. Horn told Council the parcel is heavily wooded and has a small Victorian house on it, which is historically designated. Horn said the pertinent issue is the impact on Hallam lake and the adjacent property owners. Horn told Council staff has worked with the applicant in setting a complete building envelope on the newly created parcel and a partial building envelope on the existing parcel to protect Hallam lake and the neighbors. Horn pointed out there are a lot of trees on the parcel , which the applicant has committed to replanting or replacing. The appli- cant has also committed to take a new house on parcel 2 through a voluntary review of HPC. The applicant has met with Hallam lake representatives, who has added conditions or the approval. Based on the setbacks , the building envelopes and the conditions outlined, P & Z and staff both recommend approval. Jane Ellen Hamilton, representing the applicant, told council the applicant acceded to every request from Hallam Lake . The applicant has also voluntarily increased the setback quite significantly from what the Code requires. Ms. Hamilton said the applicant will commit to relocating the trees that will have be to taken out to build the building. Mayor Stirling opened the public hearing. Mayor Stirling read into the record a telegram strongly opposed to this lot split 9 L Aspen fitv-Coyncil - Resular Meeting -November 23 . 1987 from Victor Lundy. Bill Martin asked if the present home is to be destroyed. Mayor Stirling said the house is a historic landmark. Ms. Hamilton said the applicant has no intentions of destroying the house. Councilman Gassman said he does not see a building envelope on parcel 1 . Horn said the applicant has agreed to limit the setback on the rear yard to 20 feet. Horn said he discussed with P a Z a front yard setback to maintain the existing front yard. P a Z did not support the recommendation to set the front yard setback in excess of the existing code. Horn said it is doubtful there will be an addition on the south side as there are 3 tremendous cottonwoods which set the tone for the whole parcel . Horn said it is unlikely the applicant would be permitted to remove those trees. Mayor Stirling suggested adding a condition to preserve the existing front setback and the south side setback. Councilman Gassman moved to add condition 9 that an addition to the existing house not encroach into the sideyard more than it does and not encroach more to the south than it does on parcel 1 ; seconded by Mayor Stirling. All in favor, motion carried. Councilman Isaac said it is unfortunate what has happened along Lake avenue . There has been a lot of development along the street . Councilman Gassman said he does not want to approve something in excess of the new R-6 regulations. Horn said the development will be subject to the new FAR regulations. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve the Marshall subdivision exception and growth management exemption for the purpose of creating 2 lots with the 9 conditions listed in the planning office memorandum; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. .88 _ Mayor Sti ` g said this public hearing will be continued to set the mill levy December 9, 1987. Mayor Stirling opened the public hearing. Doug Carlson presented a prop. . prepared by Dick Butera as an alternative to spending $50 , 000 consulting fees for the parking structure. The proposal shows . story parking garage on the Rio Grande property that has as an • ernative 24 ,000 square feet on top to be used for city/county fires. 300 parking spaces could be provided in this parking garage. ouncil suggested this be discussed December 9th. Mayor Stirling -d 10 .e. .1..,... ... t ........„ ..,......,. arp r — Y .. 1 54 b • wF7 Lys ' ' 1 _�r 6 i 1' i . , it .4 4 1 ti�y . o .- 7. ;:. ! Ya !. ' • al. kili e • Y S . T+ a r ' ...• -.all .. .■1, 1 * ri ,, t•4. !• • - f . Y1_ Exhibit-E CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams,(970)429-2778 sara.adams @ci.aspen.co.us DATE: 12.11.09 PROJECT: 320 Lake Avenue,Parcel I of the Marshall Lot Split ^! n 1 i << REPRESENTATIVE: Rich Carr CCY Architects a 228 Midland Avenue 1 Basalt,CO '�i ,�; r-�, (970)927.4925 rr S ` rcarr @ccyarchitects.com . TYPE OF APPLICATION: Certificate of Appropriateness for Major HPC Development,Demolition of historic property,Relocation of historic property,Setback Variances,Residential Design Standard Variances,Hallam Lake Bluff Review,Stream Margin Review,and Amendment to approved Subdivision Development Order. DESCRIPTION: Background: 320 Lake Avenue is located in the R-6 medium density residential zone district. There is no alley access:the house fronts Lake Avenue and the rear of the property overlooks Hallam Lake, Only one curb cut will be permitted for this parcel. The subject lot contains a 191 century designated landmark and is defined as Parcel I of the Marshall Lot Split. An unoriginal addition is evident on the north and rear(east)elevations of the historic house. The south and front(west)elevations appear to be in the original condition. No documentation has been found to indicate whether the house is in its original location and an inspection of the basement/crawl space has not been attempted. Staff suggests the applicant check the maps and photographs at the Aspen Historical Society to possibly determine the original location and appearance of the home. The Marshall Lot Split was approved by City Council in 1987 that created Parcel I and Parcel II. A plat was recorded, however an Ordinance was never drafted or recorded. The plat notes state the following: "1.An addition to the existing house will not encroach into the existing side and front yard for Parcel I;2.No decks or similar structures shall be constructed outside the building envelope." The plat indicates that the rear yard setback for Parcel I is 20' from the property line. The building envelope for Parcel I is defined on the plat as the footprint of the existing building,with the exception of the rear yard setback of 20'. As stated in the plat notes,no additions are permitted in the front and side yards. An amendment to the subdivision plat and envelope will be required to permit development in these areas of the lot. Mature vegetation exists on the site that will require approval from the Parks Department to remove. Staff understands that Parks granted approval to remove 2 of the 3 cottonwoods along the south property line,and the applicant is appealing the denial of the 3rd tree removal request. Proposal: The applicant would like to relocate the historic home on Parcel I toward Lake Avenue, construct an addition that includes a two car garage and a two story living space, and apply for the 500 square foot FAR Bonus for landmark structures. HPC has purview over any development on Parcel I, Including landscape, and will assess the proposal's compliance with the Aspen Historic Preservation Design Guidelines for Landmarks (available at www.aspenpitkin.com.) The project is required to meet the Residential Design Standards. Due to the landmark status of the building and the confines of the lot, setback variances and Residential Design Standard Variances are probable for this project, which can be granted by HPC. Hallam Lake Bluff and possibly Stream Margin reviews are required for development at the rear of this parcel, which will occur at HPC as part of a consolidated application. A recent survey should be undertaken to plot the areas on the parcel that are subject to these reviews. Setbacks: The combined side yard setback dimension for this property will be calculated based on the entire lot size, which excludes any slope reductions for the property. The HPC will review the requested setback variances for a property within the R-6 zone district;however, City Council review is required to amend the subdivision plat to redefine the building envelope for Parcel I.If the proposed changes are consistent with the approved plat, then the application will be processed as an"other amendment" by City Council. if the proposed"changes are found to not be consistent with the approved plat,then the amendment is subject to review as a new development application for plat. PROCESS: 1. Worksession with HPC. 2. Submit application for HPC review for items listed in#3. 3. HPC Conceptual Review of mass,scale,height,location(public hearing.) a. Relocation of historic house. b. 500 square foot FAR bonus for a landmark. c. Residential Design Standard variances. d. Setback variances. e.Hallam Lake Bluff Review(and Stream Margin Review if necessary.) 4. After HPC grants approvals listed in#3 above,submit application for Subdivision amendment. 5. City Council Amendment to a Subdivision Development Order,"other amendment"(public hearing.) 6. After Council review is complete,submit application for HPC Final Review. 7. HPC Final Review of fenestration,materials,detailed landscape plan(public hearing.) Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards 26.415.070 (D) Certificate of Appropriateness for Major Development 26.415.080 Demolition of historic properties. 26.415.090 Relocation of designated properties 26.415.110 (B) Dimensional Variances for Historic Properties 26.415.110.E Floor Area Bonus 26.435.040 Stream Margin Review 26.435.060 Hallam Lake Bluff Review 26.480.080 (B) Amendment to Sudivision Development Order 26.575 Miscellaneous Supplemental Regulations 26.710.040 Medium-Density Residential (R-6) Review by: Staff for completeness,HPC for compliance with review criteria. HPC Conceptual Review generally addresses mass,scale,and height. Fenestration,materials, landscaping,and site lighting are addressed at Final Review. City Council will address the proposed amendment to the approved subdivision plat and the consistency of the proposed amendment with the original plat. Public Hearing: Yes at HPC(both Conceptual and Final)and City Council. Referral Agencies: None. Planning Fees: $2,940 Deposit for 12 hours of staff time for HPC reviews(additional staff time required is billed at$245 per hour);and$1,470 Deposit for 6 hours of staff time for City Council amendment to subdivision plat review. Referral Agency Fees: None. Total Deposit: $2,940 to submit application for HPC reviews; $1,470 to submit separate application for City Council review. To apply,submit the following Information: 1. Proof of ownership with payment. 2. Signed fee agreement(all applications) 3. Completed City of Aspen application form(all applications). 4. Applicant's name,address and telephone number in a letter signed by the applicant,which states the name,address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which 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. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps:13 for HPC reviews and 8 for Council review. HPC=12;PZ=10;GMC=PZ+5;CC=7;Referral Agencies= 1/ea.;Planning Staff=1 8. An 8112"by 11"vicinity map locating the parcel within the City of Aspen. 9. Site Improvement survey including topography and vegetation showing the current status,including all easements and vacated rights of way,of the parcel certified by a registered land surveyor,licensed in the state of Colorado. (This requirement,or any part thereof,may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. 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. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300'for public hearing. The GIS department can provide this list on mailing labels for a small fee.920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format(number of copies noted above)as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred,Zip Disk or Floppy Disk. Microsoft Word format is preferred.Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ATTACHMENT 2 - PROJECT: Name: 320 Lake Avenue Residence Location: 320 Lake Avenue, Parcel I , Marshall Lot Split Block 20, Page 54 (Indicate street address, lot&block number or metes and bounds description of property) Parcel ID# (REQUIRED) 273512401002 APPLICANT: Name: Bill Guth, 320 Aspen, LLC Address: c/o 320 Aspen, LLC, 2850 E. Broad St . Columbus, OH 43209 970-306-8757 bguth @stagecapito: .com Phone#: Fax#: E-mail: REPRESENTATIVE: Name: E. Michael Hoffman Address: Garfield & Hecht, P.C. 601 E. Hyman Avenue, Aspen, CO 81611 Phone#: 970-544-3442 Fax#: (866) 929-7870 E-mail:mhoffman @garfieldhecht .com • TYPE OF APPLICATION: (please check all that apply): Amendment of Subdivision Plat EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) Historic home with several non-historic additions PROPOSAL: (description of proposed buildings,uses,modifications, etc.) Remove restriction on south side yard to reflect removal of trees . ATTACHMENT 3- Dimensional Requirements Form (Item#10 on the submittal requirements key. Not necessary for all projects.) Project: 320 Lake Avenue Applicant: Ronnie Marshall / 320 Aspen, LLC Project 320 Lake Avenue Location: R- Zone 7, 075 SF District: Lot Size: 6,418 SF Lot Area: (For the 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: — Proposed: Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 3 Proposed: 5 Proposed%of demolition_not calculated DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing: 1, 657 Allowable: 3 , 798* Proposed: 3 , 798* Height 20 ' mid point *With 500 s . f . FAR Bonus Principal Bldg.: Existing: 25 , Ri dMjewable: 25 ' Proposed: 25 ' Accessory Bldg.: Existing: N/A --fHlawable: Proposed:--- On-Site parking: Existing: 1 Required: 2 Proposed: 2 %Site coverage: Existing:24% Required:48 . 5% Ma*roposed: 45% %Open Space: Existing: Required: N/A Proposed: Front Setback: Existing:25 Required: 10 ' Proposed: 10 ' Rear Setback: Existing:51 • 5 ' Required: 26 Proposed: 3 4 ' Combined Front/Rear: Indicate N, S, E,W Existing: N/A Required: ---- Proposed: ---- Side Setback: S Existing: 18 ' Required: 5 ' Proposed: 41 * Side Setback: N Existing: 1 . 5 Required: 5 ' Proposed 1 • 5 Combined Sides: Existing: 19 . 5 ' Required: 17 ' Proposed: 5 - 5 ' ** *to face of covered porch (8 . 5 ' to building face **10 ' combined) Distance between Existing: N/A Required: Proposed: buildings: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested(identify the exact variances needed): stew art W art title_ Aspen Division 620 East Hopkins Avenue View your transaction progress 2417 via SureClose. Aspen,Colorado 81.611 Phone:970-925-3577 Ask us about your login today! Fax: 866-277-9353 Date: August 22,2011 Order Number: 94908l--C3 Buyer: SC Acquisitions LLC,a Colorado limited liability company Seller: Ronnie Marshall Property 320 Lake Avenue,Aspen,CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Carolyn Ethridge Linda Williams 620 East Hopkins Avenue Phone:970-766-0234 or 866-932-6093 Aspen,Colorado 81611 Email Address: lwilliam3@stewart.com Phone: 970-925-3577 Fax:866-277-9353 Entail Address:carolyn.ethridge®stewart.com SELLER: - BUYER/BORROWER: Ronnie Marshall SC Acquisitions LLC,a Colorado limited liability 320 Lake Avenue company Aspen,Colorado 81611 LISTING BROKER: SELLING BROKER: Morris&Fyrwald Sotheby's International Realty Alta Properties Attn: Tracy Eggleston Attn: William Guth 415 East Hyman Avenue P.O.Box 1444 Aspen,Colorado 81611 Carbondale,Colorado 81623 Phone: (970)925-6060 (970)925-6060 Phone: (970)306-8757 Fax: (970)920-9993 Email Address: williatu.n.guth@gmail.com gmail.com Email Address: tracyaspen@yahoo.com ALTA Commitment(6117/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by I stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: stewar / • ` - I •tile guaranty company fi t !a •� ,ILr ,• Senior Chairman of Ike Board A a prized Countersignature ..• / l Stewart Title °t °_°O'`r�`• ? '�'""" sa9ip Chairman offhe Board Aspen Division - *, 620 East Hopkins Avenue rfz se. . Aspen,Colorado 81611 2?fra.ega, Phone:970-925-3577 President Fax:866-277-9353 Order Number:949081-- ALTA Commitment(6/17/06) Title Officer:Linda Williams - COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 11,2011,at 8:00 a.m. Order Number: 949081--C3 Title Officer:Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a)A.L.T.A. Owner's (Extended) $3,900,000.00 Proposed Insured: SC Acquisitions LLC,a Colorado limited liability company (b)A.L.T.A.Loan • 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Ronnie Marshall(SEE REQUIREMENTS HEREIN) 5. The land referred to in this Commitment is described as follows: PARCEL I,MARSHALL LOT SPLIT, according to the Plat thereof recorded January 26, 1988 in Plat Book 20 at Page 54 as Reception No. 296875. COUNTY OF PITKIN,STATE OF COLORADO Purported Address: Statement of Charges: 320 Lake Avenue These charges are due and payable before a Policy can Aspen,Colorado 81611 be issued: Basic Rate 2006 Owner's Policy: $6822.00 Owner's Extended Coverage: $150.00 Tax Certificate: $20.00 .,a/ COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 949081-.C3 The following are the requirements to be complied with: • 1. Payment to or for the account of the grantor(s)or mortgagor(s)of the full consideration for the estate or interest to be insured. 2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on,or in connection with,the subject property(architectural drawings,soils testing, foundation work,installation of materials),please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title of Colorado,Inc.furnished by the Office of the Director of Finance,City of Aspen, that the following taxes have been paid,or that conveyance is exempt from said taxes: (1) The"Wheeler Real Estate Transfer Tax"pursuant to Ordinance No.20(Series of 1979)and (2) The"Housing Real Estate Transfer Tax"pursuant to Ordinance No. 13(Series of 1990). 6. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY,meeting the mininnmr detail standards of the ALTA/ACSM,Survey LOCATION CERTIFICATE,prepared by a registered Colorado surveyor,within the last TWO MONTHS,must be presented to Stewart Title Guaranty Company,for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey,or make further inquiry or requirements relative thereto. Said Survey,must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 7. Trost Agreement for the Ronnie Marshall Living Trust Dated January 17,2000 NOTE:The Agreement will not be recorded. 8. Execution by Authorized Trustee of the Ronnie Marshall Living Trust Dated January 17,2000,of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. 9. Deed from Ronnie Marshall,Trustee of the Ronnie Marshall Living Trust Dated January 17,2000 conveying fee title to Ronnie Marshall NOTE: This Deed is needed because subject property or a portion thereof was conveyed to Ronnie Marshall,Trustee of the Ronnie Marshall Living Trust Dated January 17,2000 by Quitclaim Deed recorded April 5,2002 as Reception No. 465999 Said Deed used the prior legal description (one prior to the Marshall Lot Split Plat) 10.Release by thePublic Trustee of the Deed of Trust from Ronnie Marshall for the use of Wells Fargo Bank N.A.to secure $450,000.00,dated April 29,2004 recorded May 5,2004 as Reception No.497218. . This Deed of Trust secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written statement from the existing lender confirming:(a)the payoff amount;(b)that the line of credit has been closed or frozen, and no further draws/advances will be permitted and/or the right to future advances has been terminated,and(c) • agreement to deliver a full Release of Deed of Trust upon payment of the outstanding balance. 11. Release by the Public Trustee of the Deed of Trust front Ronnie Marshall for the use of wells Fargo Bank N.A.to secure $200,000.00,dated September 12,2008 recorded October 10,2008 as Reception No.553482. 12. ► ■Release by Aspen Grove Associates LLC of the Promissory Note in the amount of$48,924.00 recorded August 22, 2011 as Reception No.582119. 13. Relating to SC Acquisitions,LLC,The Company requires for its review the following: a)Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof b)Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note:The Colorado Secretary of State shows this company in good standing. 14.Deed from vested owner(s)vesting fee simple title in the purchaser(s). Note:notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109(2). • COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 949081—C3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. 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. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created, first appearing in the public records or attaching subsequent to the effective date hereof,but prior to the date the proposednrsured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims,reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights,claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy,fire protection,soil conservation or other district or homeowners association or inclusion in any water service or street improvement area, 10.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 Patents recorded June 5, 1880 in Book 55 at Page 2 and in Book 55 at Page 32. 11.Easements,rights of way and all matters as shown on Plat of Marshall Lot Split recorded January 26, 1988 in Nat Book 20 at Page 54 as Reception No. 296875. • 12.NOTE: Exceptions 1 and 4 may be deleted from the policies,provided the seller and buyer execute the Company's affidavits,as required herein,and the Company approves such deletions. If work has been performed on,or in connection with, the subject property(architectural drawings, soils testing, foundation work,installation of materials),and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception)will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies,provided the Company receives and approves the survey or survey affidavit if required herein.Exception 5 will not appear on the policies,provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. • • DISCLOSURES Order Number: 949081--C3 Note:Pursuant to C.R.S. 10-11-122,notice is hereby given that: A. The subject real properly may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1,Subparagraph(7)(E)requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."Provided that Stewart Title conducts the dosing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available(typically by deletion of Exception No.4 of Schedule B,Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence,which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Comtnitntent within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction,improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller,the builder and/or the contractor;payment of the appropriate premium;fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note:Pursuant to C.R.S. 10-11-123,notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed,leased or othenvise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals,or geothermal energy in the property;and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions, in Schedule B,Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09)Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law regulations also require us to tell you how we collect,share,and protect your personal information.Please read this notice carefully to understand how we use your personal information This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley/rot(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us.This information can include social security numbers and drivel's license number. All financial companies,such as the Stewart Title Companies,need to share customers'personal information to run their everyday business—to process transactions and maintain customer accounts.In the section below,we list the reasons that we can share customers'personal information; the reasons that we choose to share;and whether you can limit this sharin . R answ a wspare i� a tutor e 0M-S, ''Y�,;h,- .�;b' .s::r -s" �!�,710 n`e share: °C`atIyou unit ills shad g•-� For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts,such as Yes No processing transactions,mailing,and auditing services,and responding to court orders and Legal investigations. For our marketing purposes—to offer our products and services to you. Yes - No For Joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates aro companies related by common ownership or control.They can be Yes No financial and nonfinancial companies.Our affiliates may include companies with a Stewart name;financial companies,such as Stewart Tlile Company For our affiliates'everyday business proposes—information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you.Non-affiliates are companies not related by common No We don't share ownership or control.They can be financial and nonfinancial companies. We may disclose your personal infonnation to our affiliates or to non-affiliates as permitted by law.If you request a transaction with a non- affiliate,such as a third party insurance company,we will disclose your personal information to that non-affiliate.[We do not control their subsequent use of infonnation,and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use,wo use security personal information? measures that comply with federal and state law.These measures include computer,file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information,for example,when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction,credit reporting agencies,affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing(e.g.,opt out)in certain instances,we do not share your personal infonnation in those instances. off} If you have am questions about this privacy notice,please contact us at:Stewart Title Guaranty Company, Y Y9 P Y P Y ,z:-- .."'�—va 1980 Post Oak Blvd.,Privac Officer,Houston,Texas 77056 s, Stewart Title DISCLOSURE The title company,Stewart Title in its capacity as escrow agent,has beeq authorized to receive funds and disburse them when all funds received are either:(a)available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the fiords are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which-may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs,relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. • • CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed hnsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the fonn of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly Modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O.Box 2029,Houston,Texas 77252. „,,,,d tl'J ! Q � 4 lamoLal. *3 p4 c .AU 'meaty En :Nxakl Lv '... ' t. i/bins, *.. aF ... g ir. N N30 ti. z .::. .:_ ” I N Y ..0 Swoaeori _ Pei a O 9 1 I 8 �r;5t S i !. P e 2 C. F _ '__{{� 2 a'' w V'. _ h,,b s € m S S 1',`s, y - `, h fin:si■ NSo-S, z :' 7- '1 4:,si • i 6 S p _ Mo l+2'au a 2 a ? - pN .1.. 4 - n 1 r5• i0 ;. y 4 '1"4..S./ .4 . A 7 J o • Cc .440 60.5 u PROJECT LOCATION 320 LAKE AVENUE ASPEN, COLORADO Aisil '3/4r,r11 st '§3 . ,, b :“ ° , ... ■ ..,...;4 i B. i I it,,'„,CZT1 ‘ 'i• n '7 "'"■!' :; 'i r■ ;; l":",.., e.Z:3. a, ..'., •S ,.. 7s g' t .■,: ': 1:?.. 7 "i i ry ,..4 ;4;.-',IV''s-a"... .,,§ 4-,,, 1:1i 4 i i'4 i! :4 4:-.,,f ;1i . b. - i ;S ;II al ::,tell m!! -it:; ri , ,.-0,1:e, -: L.-- t" -k., '- '" t: -' ...,I.;-: , P i i;t;,i;,-..? U .r• =.;—i ,- 5 i,,,k: „gib '2 gi 4 S..? ,7), 1%i i ; nill ,'”i;4 J ,;[[Kr[?.4, ", h 61 .: 5 't, "7 a e; v the :„ i 4 , ..;'; .i.€1.! !,?Y.2;. ;k .:2;! 1'7. ..a ' F, 1; .-.!“ 1,,A....i[-.:11 [ rel:ii .,t,:,:i!.,[ia ry 40 ...,.,.. 1 t[rai [IQ: , 11, / -[..1,1 ; , .f.: , „/ -[[..„.. a i% 1 T,- / . -■ .4. .1.; .../..1 L .' (C...--.....•T: ?... i .;,„,,, , ./ .+ ■ \ z / --- - \a' \._,...,, "n `, 17, A 1 \ \ ■L-Z 'ti tr. L' q / k -,---i . , . O cc ••• 1 4\ k i t „;\..s:C.; , c 1 I t 5tr- '' \ ' \ .' ' .,\• 8 \- ,\\ --z ,■ \-- I. i \, \ 1 ■ ., e,, ‘,-,:- ,\....- I \ \ I 4-y; \ \ \ ., ---- 4, ..„ i, 4, %,,e,c-c-7C— \ \'■ a • ..,1 V'I!: z„, . . — 0 __ .--a 4--4 \—---- ,ifq:': -. .., Lai:WEIAJE fllnbtF Ronnie Marshall 320 Lake Avenue Aspen, Colorado 81611 December 30,2011 Ms.Amy Guthrie Historic Preservation Officer, Community Development City of Aspen 130 S.Galena Street Aspen, CO 81611 Dear Ms. Guthrie, I am the owner of 320 Lake Avenue, Aspen, Colorado 81611 (the"Property"). Please accept the enclosed application to amend the Plat for the Marshall Lot Split pursuant to Section 26.480.080 B. of the City of Aspen Land Use Code. 320 Aspen, LLC, represented by attorney Michael Hoffman, Esq., Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen,CO 81611, is authorized to submit and prosecute this application. ncerely, Ronnie Marshall V 1 t CO MEMORANDUM TO: Mayor and Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director Oitt "' RE: 320 Lake Avenue- Subdivision Amendment, First Reading of Ordinance#$, Series of 2012 DATE: January 23, 2012 APPLICANT /OWNER: 320 Aspen, LLC. SUMMARY: The current owner of the property, The Applicant requests that Council amend the Ronnie Marshall of 320 Lake Avenue, Marshall Lot Split Subdivision approval granted in Aspen, CO 81611, has consented to the 1987. The Subdivision, which split one large parcel application. in half, included a condition of approval that created more restrictive setbacks on Parcel 1 than required REPRESENTATIVE: Michael Hoffman, by underlying zoning. Garfield and Hecht, P.C. STAFF RECOMMENDATION: LOCATION: 320 Lake Avenue, Parcel I Staff recommends that the amendment be approved of the Marshall Lot Split, Aspen. finding that circumstances on the site, as well as City Land Use regulations, have changed since the ZONING & USE: R-6, single family Subdivision approval. home. :14:*1 .. . . t /1"al- ,-, '4 0 'LA'4, A . , .....„ .....,,,..„ ,,„„.. A * 'At— -6 Page 1 of 3 C LAND USE REQUEST AND REVIEW PROCEDURE: In December, the Applicant received HPC approval for a remodel to the existing Victorian era home on the subject site. The remodel entails demolishing and replacing an older addition to the building, and moving the house slightly closer to the street and towards the south. HPC granted Conceptual approval including variances from the standard setback requirements of the R-6 zone district. It was anticipated that the applicant would then approach Council to ask that the standard setback requirements, rather than the setbacks established in the 1987 Subdivision, be applied. Staff determined that it was best to have HPC conduct design review and make a determination on the appropriateness of Conceptual approval before Council was asked to consider the project, rather than the other way around. The ability for the applicant to move forward to Final HPC approval depends on Council's determination regarding the setback condition, which appears as a note on the Marshall Lot Split plat. Council is the review authority on this Subdivision Amendment. SUBDIVISION REVIEW Subdivision review was originally required to split what was once 13,000 square foot lot into two approximately equal lots. The parcels both meet the minimum lot size for the neighborhood, which is 6,000 square feet. Section 26.480.080.B of the City Land Use Code provides that Subdivision amendments which are not insubstantial are reviewed and approved by City Council, "provided that the proposed change is consistent with the approved plat." Staff Response: Some of the original records for Council review of this Subdivision were apparently not retained. The application includes the minutes from City Council's Nov. 23, 1987 discussion. Planning Staff and Council were concerned with avoiding negative impacts to existing trees on the property as well as Hallam Lake, and crafted a condition on the Subdivision in that vein. The 1987 Subdivision approval stated that all development on this property should be confined to the footprint of the Victorian and the addition that was already in place at that time. It appears that this was done in order to protect a row of three large cottonwoods in the south sideyard of Parcel 1. Those trees have since deteriorated in health and have received Parks Department approval to be removed. Without the trees, there is no clear reason to limit the buildable area on the south side of Parcel 1 in a manner that is different than what is required of the rest of the neighborhood. Regulations to protect Hallam Lake from the impact of development on the bluff were adopted after this Subdivision. The current redevelopment proposal is subject to these strict criteria, particularly the requirement for setback from the top of slope. Staff believes that development at the rear of the site is appropriately regulated through today's Environmentally Sensitive Area regulations. Staff cannot identify a rationale for restricting the front yard setback on this parcel in a manner that is different than adjacent parcels. Page 2 of 3 RECOMMENDATION: Staff recommends that the applicant's proposed plat amendment, removing the 1987 condition, is accepted due to changed circumstances and changed Land Use Codes since the time of approval. PROPOSED MOTION: "I move to approve Ordinance#J, Series of 2012 on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance# , Series of 2012 Exhibit A: Application Page 3 of 3 C \✓ ORDINANCE #Lf (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A SUBDIVISION AMENDMENT FOR THE PROPERTY LOCATED AT 320 LAKE AVENUE, PARCEL 1 OF THE MARSHALL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 2735-124-01-002 WHEREAS, the applicant, 320 Aspen, LLC, represented by Michael Hoffinan, Garfield and Hecht, P.C., has requested a Subdivision Amendment for the property located at 320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, Colorado. The current owner of the property, Ronnie Marshall, has consented to the application; and WHEREAS, Section 26.480.080.B of the Aspen Municipal Code establishes the process for Subdivision Amendment which may be approved by City Council, "provided that the proposed change is consistent with the approved plat;" and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standard for Subdivision Amendment is met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: Subdivision Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves a Subdivision Amendment to remove a plat note which imposes setback restrictions on Parcel 1 of the Marshall Lot Split plat and replaces it with the following note: The execution and recording of the Amended Plat memorializes the vacation of the fast Plat Note found on the Plat for Marshall Lot Split, recorded in the real property records of Pitkin County on January 26, 1988 in Plat Book 20 at Page 54, as such vacation was approved by the City of Aspen in Ordinance #_, Series of 2012. The Plat Note, which restricted development into the existing sideyard and front yard for Parcel 1, is no longer needed as it restricts development within the south sideyard because trees located on the south side of Parcel 1 have become old and diseased. The City of Aspen Parks Department has issued 320 Lake Avenue Ordinance # , Series of 2012 Page 1 of 3 © 0 Tree Removal Permit 2009-109 to authorize the removal of those trees. Restriction of development within the front yard and north side yard is governed by the dimensional requirements of the R-6 zone district, except as those requirements have been or may be varied by the City of Aspen Historic Preservation Commission or other authorized representative of the City of Aspen. Section 2: Recordation A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. Section 3: Severability If any section, subsection, sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land 320 Lake Avenue Ordinance # , Series of 2012 Page 2 of 3 C Use Code of the City of Aspen and Title 24,Article 68, Colorado Revised Statutes,pertaining to the following described property: 320 Lake Avenue, Parcel I of the Marshall Lot Split, Aspen . Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 27th day of February, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of January, 2012. Michael C. Ireland,Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this_day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 320 Lake Avenue Ordinance # , Series of 2012 Page 3 of 3 c C) • RECEIVED JAN 032012 CITY OF ASPEN ASPEN m GARFIELD &HECHT P.C. COMMUNITY DEVELOPMENT 60H} an Avenue . Aspen,Colorado 81611 Telephone(970)925-1936 ATTORNEYS AT LAW Facsimile(970)925-3008 Since 1975 www.garfieldhecht.com E. Michael Hoffman E-mail: mhoffmanl(iigarreldhechtcom Phone: (970) 925-1936 December 30, 2011 Ms. Amy Guthrie Community Development Department 130 S. Galena Aspen, Colorado 81611 Re: Amendment of Plat for 320 Lake Avenue, Aspen, Colorado. Dear Amy: This letter represents the next phase of the application of 320 Aspen, LLC (the "Applicant") for development of 320 Lake Avenue in Aspen (the "Property"). As discussed below, the Applicant seeks to eliminate a note found on the Marshall Lot Split Plat (the "Plat") which restricts development along the south edge of the Property. It appears that the note was originally included on the Plat to protect three large cottonwood trees, which have now become old and in need of removal. The Aspen Historic Preservation Commission ("HPC") recently granted conceptual approval to a development plan for the Property which requires use of some of the land restricted by the plat note. To accomplish that development plan, the Applicant requests a modification of the plat to remove the relevant note pursuant Section 26.480.080 B. of the City of Aspen Land Use Code (the "Code"). The legal description of the Property is Parcel I, Marshall Lot Split, according to the Plat thereof recorded January 26, 1988 in Plat Book, 20 at Page 54.Pitkin County, Colorado ("the Property"). In the late 1980s the City approved a subdivision exemption for a 13,603 square foot lot owned by Ronnie Marshall. The City's decision authorized the filing of the Plat which created two smaller parcels, designated Lots I and II. A copy of the Plat is enclosed with this letter as Exhibit A. A note found on the original plat restricts development in an area which in 1988 was occupied by three large cottonwood trees. While those three trees still exist, the City's Parks Department has determined that the integrity of the three subject trees has been compromised by age and decay i'•‘ w+1 Ms. Amy Guthrie December 30, 2011 Page 2 and that the trees should now be removed. A permit for removal of the trees has been issued by the City. Copies of a letter from the City Forester and an Addendum to the resulting permit, which describe these findings, are enclosed with this application as Exhibit B. The HPC granted Conceptual Approval to the Applicant's preservation and development proposal for the Property on Wednesday, December 14, 2011. While this part of the application does not involve the City's Historic Preservation Guidelines or the historic preservation provisions of the Aspen Land Use Code (the "Code"), the request made in this letter is fully consistent with the HPC approval. Code Section 26.480.080 B. provides that a plat may be approved by City Council without completion of an entirely new subdivision process when "the proposed change is consistent with the approved plat." The original Plat was originally approved by City Council for the purpose of permitting development of each of the two parcels resulting from the lot split in a manner consistent with the Property's natural constraints. One of the most obvious of those natural constraints was the existence of three cottonwoods near the south boundary of Lot I. Glenn Horn was the City's planner who presented the application to Council on November 23, 1987. As recorded in the minutes of that meeting, Horn said it is doubtful there will be an addition on the south side as there are 3 tremendous cottonwoods which set the tone for the whole parcel. Horn said it is unlikely the applicant would be permitted to remove those trees. Mayor Stirling suggested adding a condition to preserve the existing front setback and the south side setback. Councilman Gassman moved to add condition 9 that an addition to the existing house not encroach into the sideyard more than it does and not encroach more to the south than it does on parcel 1; seconded by Mayor Stirling. All in favor, motion carried. A copy of these minutes is included with this application as Exhibit C. Unfortunately no copy of the staff memorandum or the City Council resolution of approval survives. However, these minutes appear to fully explain how the plat note at issue here was first authorized by Council. The limitation added to the 1987 approval as condition 9 was memorialized on the Plat by the following language: "An addition to the existing house will not encroach into the existing side and front yard for Parcel I." An enlargement of that portion of the Plat which included this note is found on Exhibit D, attached hereto. A proposed First Amended Plat for Lot I, Marshall Lot Split (the "Proposed Amended Plat"), in both 24" x 36" (one copy) and 11" x 17" format (15 copies), has been filed with this application. The Proposed Amended Plat meets all of the City Engineer's requirements for documents of this type. The only substantive change effected in the Proposed Amended Plat is that found in the note found in the center bottom of the document: - Ms. Amy Guthrie December 30, 2011 Page 3 The execution and recording of this Amended Plat memorializes the vacation of the first Plat Note found on the Plat for Marshall Lot Split, recorded in the real property records of Pitkin County on January 26, 1988 in Plat Book 20 at Page 54, as such vacation was approved by the City of Aspen in Resolution No. Series of 2012. The Plat Note, which restricted development into the existing side and front yard for Parcel I, is no longer needed as it restricts development within the south side yard because the trees located on the south side of Parcel I have become old and diseased. The City of Aspen Parks Department has issued Tree Removal Permit 2009-109 to authorize the removal of those trees. Restriction of development within the front yard and north side yard is governed by the dimensional requirements of the R-6 zone district, except as those requirement have been or may be varied by the City of Aspen Historic Preservation Commission or other authorized representative of the City of Aspen. We understand that you need to re-review the "common development review procedures" set forth in Section 26.304 of the Code. Our responses to those procedures, which were also included in our request for Conceptual Approval from the HPC, are included with this application as Exhibit E. Copies of a letter of authorization and of the fee agreement are attached hereto as Exhibit F. Sincerely, E. Michael Hoffman Table of Exhibits Exhibit A—Proposed First Amended Plat of Parcel I, Marshall Lot Split Exhibit B - Letter from the City Forester and Addendum Exhibit C—Minutes of City Council Meeting of November 23, 1987 Exhibit D —Enlargement from Original Plat Showing First Plat Note Exhibit E—Responses to Common Development Review Procedures Exhibit F—Letter of Authorization and Fee Agreement Exhibit B Asoen City-Council Regular Meeting November 23. 1987 app • •riation resolution, which is a housekeeping item. Abel said t city has requested RFTA do the improvements to the alley as • - rt of the Rubey park project . Abel said it is necessary to a•• opriate revenues from the city and expenditures for this project . Abel told Council early in the project it became apparent it wo. • be appropriate to remove the trees off the site and replace it 'th new landscaping. Abel said this resolution also incorporates -.e contributions from Redid Aspen Holdings to refund part of the t - sportation study. Councilman Tuite asked if the city has replaced • idols fence. Abel said it has not been replaced. The project is o sold for the alley work due to weather. Councilman Tuite said he ^ - ld like the fence repaired regardless. Councilwoman Fallin moved to approve the supplemental - >•ropria- tion for RFTA; seconded by Councilman Tuite. All in . or , LOT SPLIT - Marshall Glenn Horn, planning office, told Council this is an application for subdivision exception to create a lot exempt from growth management . The existing parcel is about 13,000 square feet. This parcel is located on Lake avenue overlooking Hallam lake. Horn told Council the parcel is heavily wooded and has a small Victorian house on it, which is historically designated. Horn said the pertinent issue is the impact on Hallam lake and the adjacent property owners. Horn told Council staff has worked with the applicant in setting a complete building envelope on the newly created parcel and a partial building envelope on the existing parcel to protect Hallam lake and the neighbors. Horn pointed out there are a lot of trees on the parcel, which the applicant has committed to replanting or replacing. The appli- cant has also committed to take a new house on parcel 2 through a voluntary review of HPC. The applicant has met with Hallam lake representatives, who has added conditions or the approval. Based on the setbacks, the building envelopes and the conditions outlined, P & Z and staff both recommend approval. Jane Ellen Hamilton, representing the applicant, told council the applicant acceded to every request from Hallam Lake . The applicant has also voluntarily increased the setback quite significantly from what the Code requires. Ms. Hamilton said the applicant will commit to relocating the trees that will have be to taken out to build the building. Mayor Stirling opened the public hearing. Mayor Stirling read into the record a telegram strongly opposed to this lot split 9 Aspen City-Council Regular -Meeting -November 23, 1987 from Victor Lundy. Bill Martin asked if the present home is to be destroyed. Mayor Stirling said the house is a historic landmark. Ms. Hamilton said the applicant has no intentions of destroying the house. Councilman Gassman said he does not see a building envelope on parcel 1 . Horn said the applicant has agreed to limit the setback on the rear yard to 20 feet. Horn said he discussed with P & Z a front yard setback to maintain the existing front yard. P & Z did not support the recommendation to set the front yard setback in excess of the existing code. Horn said it is doubtful there will be an addition on the south side as there are 3 tremendous cottonwoods which set the tone for the whole parcel. Horn said it is unlikely the applicant would be permitted to remove those trees. Mayor Stirling suggested adding a condition to preserve the existing front setback and the south side setback. Councilman Gassman moved to add condition 9 that an addition to the existing house not encroach into the sideyard more than it does and not encroach more to the south than it does on parcel 1; seconded by Mayor Stirling. All in favor, motion carried. Councilman Isaac said it is unfortunate what has happened along Lake avenue. There has been a lot of development along the street. Councilman Gassman said he does not want to approve something in excess of the new R-6 regulations. Horn said the development will be subject to the new FAR regulations. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve the Marshall subdivision exception and growth management exemption for the purpose of creating 2 lots with the 9 conditions listed in the planning office memorandum; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. B8 t -.. Ch - YA Mayor Sti ng said this public hearing will be continued to set the mill levy December 9, 1987. Mayor Stirling opened the public hearing. Doug Carlson presented a prop. . prepared by Dick Butera as an alternative to spending $50 ,000 . • consulting fees for the parking structure. The proposal shows • story parking garage on the Rio Grande property that has as an ernative 24 ,000 square feet on top to be used for city/county fices. 300 parking spaces could be provided in this parking garage. ouncil suggested this be discussed December 9th. Mayor Stirling - - -d if the btuLJH JLai,iaye lot 1989 iucludeb the webt a„J raid S.«ug 10 Exhibit C f PAR October 20, 2009 Rowland and Broughton Architecture and Urban Design 117 South Monarch Street Aspen,Colorado 81611 RE: 320 Lake Avenue; 3 narrowleaf cottonwoods To Whom It May Concern: The purpose of this document is to summarize the findings by the City Forester upon investigation of 3 narrowleaf cottonwoods (Populus angustifolia) on the south side of the property Iocated at 320 Lake Avenue in Aspen,Colorado. This investigation was completed to determine the health and structural stability of these trees in response to the request for them to be removed. Each tree was investigated separately using a resistograph on the trunks as well as in the canopies. The resistograph is a tool that allows the operator to measure and map internal decay pockets without causing harm to the living tree. An arborist,chosen and hired by the applicant,was used to conduct the investigation in the canopies with guidance from the City Forester. Resistograph results will be attached to this document along with written explanations/diagrams of these test areas in each tree. Formulas utilized to determine strength loss and the threshold for labeling hazard trees come from Wagener 1963 and Mattheck and Breloer 1998,respectfully. The strength loss formula is as follows: strength loss =(diameter of decayed wood)^3((diameter of trunk)^3 x 100 The hazard tree threshold formula is as follows: t=R; where t is the thickness of sound wood remaining in the thinnest remaining wall and R is the radius of the decay pocket plus the remaining wall thickness. East most tree;furthest from Lake Avenue This cottonwood has an outside bark diameter of 35 inches, with approximately a 2 inch bark layer. There have been some large wounds left behind in the canopy of this tree due to past pruning. The upper most lead of this tree has a significant amount of decay due to one of these old wounds. Just below this main leader,at the point where another large scaffolding branch is located,the decay pocket ends. The resistograph was utilized at this branch union to determine structural integrity, and adequate sound wood was found. It is my recommendation that the above referenced upper leader be pruned at the branch union of said scaffold branch. No other threatening issues were found in the canopy of this tree. 4 .y • After a resistograph inspection of the trunk of this tree, 2 feet above grade, it was determined that a decay pocket existed with an average diameter of 19 inches. This decay pocket was off center inside the trunk, favoring the south east direction. The thinnest strip of sound wood on this south east side is 3.5 inches in diameter. The strength loss formula yielded a loss of 23% in this trees strength as a result of this decay. The hazard tree threshold formula resulted in 0.3, which indicates that this tree should not fail due to this defect. It is the Parks Department's position that this tree shall remain on site and continue to be a major contributor to the community forest, with the consideration that the upper lead (described above)be removed as a safety precaution. The removal of that particular branch is a decision to be made by the owner if they choose to do so. Middle tree This cottonwood has an outside bark diameter of 31 inches,with approximately a 2 inch bark layer. Again,there have been some major wounds created in the central lead of this tree which have lead to extensive decay. Unlike the east most tree,there isn't a good location to prune out this decayed leader without taking the tree completely out. The resistograph results in this area showed no sound wood on the west/north west side of the trunk, accompanied by several woodpecker cavities. The trunk of the tree was resistographed and a decay pocket was detected with a diameter of 18 inches. The thinnest strip of sound wood was on the south side of the tree and measured 3.5 inches. The strength loss formula resulted in a 29%loss, while the hazard threshold formula resulted in 0.29. When the threshold formula results in anything less than 0.3,the tree is more likely to fail. Due to the extensive decay in the canopy with nowhere to prune back to, it is the Parks Department's position that this tree should be removed before structural failure of the crown can cause damage to the home. West most tree; closest to Lake Avenue This cottonwood has an outside bark diameter of 29 inches,with approximately a 2 inch bark layer. There is one area where an old pruning cut has caused a large wound in one of the main leaders of this tree. It was explored with the resistograph and no significant decay was detected. All other areas of the canopy seemed normal. The trunk was resistographed at 2 feet above grade,resulting in a decay pocket that averaged 16 inches in diameter. The thinnest strip of sound wood was on the east and south east sides of the tree, measuring 3 inches in both places. The strength loss formula resulted in a loss of 26%, while the threshold formula resulted in 0.26. This threshold reading,significantly less than the 0.3 level, indicates that this tree has a higher potential for structural failure. It is the Parks Department's position that this tree be removed to mitigate the possibility of structural failure of the entire tree at the point of decay. In summary, it was found that all three trees have pockets of decay in the trunks,though the middle and west trees resulted in a rating of 'hazardous' according to Mattheck and Breloer's v formula. The east tree has a hazard in the canopy in the form of one decayed lead which should be removed if the owner chooses to do so. It is recommended that this east tree be placed on a monitoring plan, in which the Parks Department is happy to help with, to keep an eye on the potential advancement of the decay pocket in the trunk. The middle and west trees should be removed at this time to avoid potential failure. Sincerely, Chris Forman, City Forester 585 Cemetery Lane Aspen, Colorado 81611 970-920-5120 p 970-920-51281 chrisf@ci.aspen.co.us .• C ....-. ‘, .) Project 3Z ta tt Ave By: CF Job No: Date: ho-to-a, _ Logistics.LLC teww.blgrmfg.com Subject: Page: of P40141;0:1 1 I 1 1 . , 1 I I I I ! i 1 i i _II • , r I I 1 . 1 i 1 1 r ^ 1 1 1 eii-P-I 4i-et' I . I 1 I . , 1 I 1?(Itgiii ot_44 ‘gr I - I I .._t 111 - 11 1 ../..1 I7/ r- --' . 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At .. . �JS j'`1 V[ `oars& n vArit B;iI.• t If ry 111-""^-14 fri Clore/ /ja i ✓eAl. 2S.,_.-..-_ b-o/d Cam Sv4.1z. = 7..' 7'/. 1-"` l4- fe.e/P off' S /t, - $0 s/ w.1,4P. 72-4—• __ % .-/_6 f4ct _...f .'& t• ,-__f� �(;-,,tl•A---el 4,r.. - i i ,.. p I� r4J A ult' . �z f ,„' ` .t. � elt ___ / _ " S'—./ ..-e _.____ 1 / a• -I/ /. e...A--. I . h,o:,/ 't...../;- P6 _/r -_ __ - - -_ t• i • _ 3 • i • . 1- &Ar(l/4? 1. C451 - •-'23 6e�c, %ai 44667cm4 ea nag-I?” s/i�-.-ky ._• r o t e 4 .1 .„ 1/..e.7; 1 Lel°le 1..• c ea- .rte- ,-.-,_ IS5:7_ .�.-.T._-- - t4,,a ,- 4r..' ',_ in^wL`,�, Si lvr� � �_-_ . / rt� _-_._ _. . 7 1 ./ ,`l.l . � L';)/ L. / ./r-,. ,_ st, l J„- _._ .../....42- • . 'Qe }1 it, " /5`-07 - ` U-�4' 11-z- 2w5 fi ri•sr 4.fa.- .32z) (—,-,e, __._ _ I , s..gve�e6 z ei ...,4.3, �eu�C ;s a 4 . 4 4., 4.�e4,�/• P. j'r'14t6 r,,_ is is 4- ; ir7(& %�c✓1-_.5. . .1c..., /4-,./.t-412.:014 As ced-Y(27 __ _.. / • • i ._ I rIl_/4-1,,...-, - 42u -cds .,ems —.Z.._...r ,.=.lG. Ga/ ts mM (l .—.,..-�........a.. ...__. ..— - - ' - i lU ��r� `� — ._ %and _We I :44' 4- --_ 7—Y "-../ 6,Y g� ''r o`l! S. +-_ csDOi� ?:._7d //h-i. _L dlr. 74{ t�./ /S ti'd .!`s cr `f4 -r rr> t ' --- if //o7z l'.t� "lrr✓k ____ _________ I ,. ____- Qri_i_ -if -- _[sl. L..4DG,,,,4_—fe;_'rl,_- E,L 1__Z ___«V_t_-tr_itr d__-----__:. • _ —.1.4 7 .. ",-.d_vim.] .--fr/ ;Li A tee( • ii —_ — — II -_ 0 • 1. . , . . 71 , . •.‘._,(D .., . _ ______,.,...„.„• i . . __ __ ,,, • _ r. .:„._ i 1 11 . •. ... . i f'i • t7 .________---._ 4eme MUST BE POSTED ON PROPERTY Addendum to Permit#2009-109,320 Lake Avenue The owner at 320 Lake Avenue has requested the removal of 3 large narrowleaf cottonwood trees, on the south side of the property, in order to expand/relocate the current structure. The expansion desired would require the removal of all 3 trees. Each tree was investigated separately using a resistograph on the trunks as well as in the canopies.After extensive review of the inspection outputs, the Parks Department has permitted the removal of 2 of these trees due to their current condition of having an unacceptable amount of decay within their boles and canopies. The third tree was determined to be of borderline structural integrity and was originally required to be preserved in an effort to maintain some of the valuable tree resources on this property. Upon further extensive scientific investigation into the crown of this tree, it has been determined that the tree has a limited life expectancy coupled with marginal structural integrity. It is for these reasons that the Parks Department shall grant the removal of this third natrowleaf cottonwood tree, as originally requested by the applicant. The applicant must provide the CIty Forester copies of approved building permits at 320 Lake Avenue prior to the removal of the tree. At that time,this addendum shall be validated and the tree may be removed with no further documentation required. ( The original'permit contains information regarding the middle and west trees and is considered accurate and applicable to the project site. The original permit and this addendum shall be kept onsite. Propert /- /2'/o Chris Forman Forester,City of Aspen Date Stephen Ellsperi' n Director Parks and Oped Space Date Permit Valid for one year after approval date. c _ , • :, .,: _ IF . , . a'`` V_1 i, • J'if • 11�t _ I t4I:it I is i i 'Jl•. . Oa' , t\ \ • �r- 4 5 . • -{ a .A .. ; c ., c . . ... • -" ,10.-- .. , ..• .... ..„ , . .• r. - . . . ... . . . .. t i.•.. .g 1 ... it A W RECEIVED Exhibit E AN 0 3 2012 CITY OF ASPEN CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY COMMUNITY DEVELOPMENT PLANNER: Sara Adams,(970)429-2778 sara.adams @ci.aspen.co.us DATE: 12.11.09 PROJECT: 320 Lake Avenue,Parcel I of the • r y, Marshall Lot Split r,`FjW ran, '1 _ � REPRESENTATIVE: Rich Carr ' CCY Architects 228 Midland Avenue Basalt,CO (970)927A925 r wF , \' rcar@ccyarchftects.com -" TYPE OF APPLICATION: Certificate of Appropriateness for Major HPC Development,Demolition of historic property,Relocation of historic property,Setback Variances,Residential Design Standard Variances,Hallam Lake Bluff Review,Stream Margin Review,and Amendment to approved Subdivision Development Order. DESCRIPTION: Background: 320 Lake Avenue is located in the R-6 medium density residential zone district. There is no alley access:the house fronts Lake Avenue and the rear of the property overlooks Hallam Lake. Only one curb cut will be permitted for this parcel. The subject lot contains a 19th century designated landmark and is defined as Parcel I of the Marshall Lot Split. An unoriginal addition is evident on the north and rear(east)elevations of the historic house. The south and front(west)elevations appear to be in the original condition. No documentation has been found to indicate whether the house is in its original location and an inspection of the basemenUcrawl space has not been attempted. Staff suggests the applicant check the maps and photographs at the Aspen Historical Society to possibly determine the original location and appearance of the home. The Marshall Lot Split was approved by City Council in 1987 that created Parcel I and Parcel II. A plat was recorded, however an Ordinance was never drafted or recorded. The plat notes state the following:"1.An addition to the existing house will not encroach into the existing side and front yard for Parcel I;2.No decks or similar structures shall be constructed outside the building envelope." The plat indicates that the rear yard setback for Parcel I is 20' from the property line. The building envelope for Parcel I is defined on the plat as the footprint of the existing building,with the exception of the rear yard setback of 20'. As stated in the plat notes,no additions are permitted in the front and side yards. An amendment to the subdivision plat and envelope will be required to permit development in these areas of the lot. Mature vegetation exists on the site that will require approval from the Parks Department to remove. Staff understands that Parks granted approval to remove 2 of the 3 cottonwoods along the south property line,and the applicant is appealing the denial of the 3a tree removal request. Proposal: The applicant would like to relocate the historic home on Parcel I toward Lake Avenue, construct an addition that includes a two car garage and a two story living space, and apply for the 500 square foot FAR Bonus for landmark structures. HPC has purview over any development on Parcel I, Including landscape, and will assess the proposal's compliance with the Aspen Historic Preservation Design Guidelines for Landmarks (available at www.aspenpitkin.com.) The project is required to meet the Residential Design Standards. Due to the landmark status of the building and the confines of the lot, setback variances and Residential Design Standard Variances are probable for this project, which can be granted by HPC. Hallam Lake Bluff and possibly Stream Margin reviews are required for development at the rear of this parcel,which will occur at HPC as part of a �yI . �W consolidated application. A recent survey should be undertaken to plot the areas on the parcel that are subject to these reviews. Setbacks: The combined side yard setback dimension for this property will be calculated based on the entire lot size, which excludes any slope reductions for the property. The HPC will review the requested setback variances for a property within the R-6 zone district;however, City Council review is required to amend the subdivision plat to redefine the building envelope for Parcel I.If the proposed changes are consistent with the approved plat, then the application will be processed as an"other amendment" by City Council. if the proposed changes are found to not be consistent with the approved plat,then the amendment is subject to review as a new development application for plat. PROCESS: 1. Worksession with HPC. 2. Submit application for HPC review for items listed in#3. 3. HPC Conceptual Review of mass,scale,height,location(public hearing.) a. Relocation of historic house. b. 500 square foot FAR bonus for a landmark. c. Residential Design Standard variances. d. Setback variances. e.Hallam Lake Bluff Review(and Stream Margin Review if necessary.) 4. After HPC grants approvals listed in#3 above,submit application for Subdivision amendment. 5. City Council Amendment to a Subdivision Development Order,'other amendment"(public hearing.) 6. After Council review is complete,submit application for HPC Final Review. 7. HPC Final Review of fenestration,materials,detailed landscape plan(public hearing.) • Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards • 26.415.070 (D) Certificate of Appropriateness for Major Development 26.415.080 Demolition of historic properties. 26.415.090 Relocation of designated properties 26.415.110 (B) Dimensional Variances for Historic Properties 26.415.110.E Floor Area Bonus 26.435.040 Stream Margin Review 26.435.060 Hallam Lake Bluff Review 26.480.080 (B) Amendment to Sudivision Development Order 26.575 Miscellaneous Supplemental Regulations 26.710.040 Medium-Density Residential (R-6) Review by: Staff for completeness,HPC for compliance with review criteria. HPC Conceptual Review generally addresses mass,scale,and height. Fenestration,materials, landscaping,and site lighting are addressed at Final Review. City Council will address the proposed amendment to'the approved subdivision plat and the consistency of the proposed amendment with the original plat. Public Hearing: Yes at HPC(both Conceptual and Final)and City Council. Referral Agencies: None. Planning Fees: $2,940 Deposit for 12 hours of staff time for HPC reviews(additional staff time required is billed at$245 per hour);and$1,470 Deposit for 6 hours of staff time for City Council amendment to subdivision plat review. Referral Agency Fees: None. Total Deposit: $2,940 to submit application for HPC reviews; $1,470 to submit separate application for City Council review. To apply,submit the following Information: 1. Proof of ownership with payment. 2. Signed fee agreement(all applications) 3. Completed City of Aspen application form(all applications). 4. Applicant's name,address and telephone number in a letter signed by the applicant,which states the name,address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which 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. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps:13 for HPC reviews and 8 for Council review. HPC=12;PZ=10;GMC=PZ+5;CC=7;Referral Agencies= 1/ea.;Planning Staff=1 8. An 8112"by 11"vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status,including all easements and vacated rights of way,of the parcel certified by a registered land surveyor,licensed in the state of Colorado. (This requirement,or any part thereof,may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. 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. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300'for public hearing. The GIS department can provide this list on mailing labels for a small fee.920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format(number of copies noted above)as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred,Zip Disk or Floppy Disk. Microsoft Word format is preferred.Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. C ATTACHMENT 2 - RECEIVED 1`JOAN 03 2012 PROJECT: CITY OF ASPEN COMMuNI lY DEVELOPMENT Name: 320 Lake Avenue Residence Location: 320 Lake Avenue, Parcel I , Marshall Lot Split Block 20, Page 54 (Indicate street address,lot&block number or metes and bounds description of property) Parcel ID# (REQUIRED) 273512401002 APPLICANT: Name: Bill Guth, 320 Aspen, LLC Address: c/o 320 Aspen, LLC, 2850 E. Broad St . Columbus, OH 43209 970-306-8757 bguth @stagecapito] .com Phone#: Fax#: E-mail: REPRESENTATIVE: Name: E. Michael Hoffman Address: Garfield & Hecht, P.C. 601 E. Hyman Avenue, Aspen, CO 81611 Phone#: 970-544-3442 Fax#: (866) 929-7870 E-mail: offman @garfieldhecht .com TYPE OF APPLICATION: (please check all that apply): Amendment of Subdivision Plat ExISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) Historic home with several non-historic additions PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Remove restriction on south side yard to reflect removal of trees . ATTACHMENT 3- Dimensional Requirements Form (Item#10 on the submittal requirements key. Not necessary for all projects.) Project: 320 Lake Avenue Applicant: Ronnie Marshall / 320 Aspen, LLC Project 320 Lake Avenue Location: p_ Zone 7, 075 SF District: Lot Size: 6 ,418 SF Lot Area: (For the 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: Proposed: Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 3 Proposed: 5 Proposed%of demolition_not calculated DIMENSIONS: (write n/a where no requirement exists in the zone district) Floor Area: Existing: 1, 657 Allowable: 3 , 798* Proposed: 3 , 798* Height 20 ' mid point With 500 s . f. FAR Bonus Principal Bldg.: Existing: 25 ' Ri dtjlewable: 25 ' Proposed: 25 ' Accessory Bldg.: Existing: N/A --Atlawabie: Proposed:---- On-Site parking: Existing: 1 Required: 2 Proposed: 2 % Site coverage: Existing:24% Required:48 . 5% Ma*roposed: 45% %Open Space: Existing: Required: N/A Proposed: Front Setback: Existing:25 ' Required: 10 Proposed: 10 ' Rear Setback: Existing:51 • 5 ' Required: 26 ' Proposed: 34 ' Combined Front/Rear: Indicate N, S,E,W Existing: N/A Required. ---- Proposed: ---- Side Setback: S Existing: 18 ' Required: 5 ' Proposed: 4 ' * Side Setback: N Existing: 1 • 5 Required: 5 ' Proposed: 1 . 5 Combined Sides: Existing: 19 - 5 ' Required: 17 ' Proposed: 5 - 51 ** *to face of covered porch (8 . 5 ' to building face **10 ' combined) Distance between Existing: N/A Required: Proposed: buildings: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): l f 1 stewart title Aspen Division 620 East Hopkins Avenue Aspen,Colorado 81611 View your transaction progress 24/7 via SureClose. Phone:970-925-3577 Ask us about your login today! Fax:866-277-9353 Date: August 22,2011 Order Number: 949081--C3 Buyer: SC Acquisitions LLC,a Colorado limited liability company Seller: - Ronnie Marshall Property 320 Lake Avenue,Aspen,CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Carolyn Ethridge Linda Williams 620 East Hopkins Avenue Phone:970-766-0234 or 866-932-6093 Aspen,Colorado 81611 Email Address:hvilliam3Qstewart.com Phone:970-925-3577 Fax:866-277-9353 Email Address:carolyn.ethridge®stewart.com SELLER: BUYER/BORROWER: Ronnie Marshall SC Acquisitions LLC,a Colorado limited liability 320 Lake Avenue company Aspen,Colorado 81611 LISTING BROKER: SELLING BROKER: Morris&Fynvald Sotheby's International Realty Alta Properties Attn: Tracy Eggleston Ann: William Guth 415 East Hyman Avenue P.O.Box 1444 Aspen,Colorado 81611 Carbondale,Colorado 81623 Phone: (970)925-6060 (970)925-6060 Phone: (970)306-8757 Fax: (970)920-9993 Email Address: william.n.guth@gnrail.com Email Address: tracyaspen@yahoo.com • • ALTA Commitment(6/17/06) ALTA Commitment Form • COMMITMENT FOR TITLE INSURANCE Issued by stewart "title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: rSte' t / ' +/ "ALL:> �! /�G ` •title guaranty company .-7(417;:41- ` Senior tan or Thee A:larked Counkaigdture S�(lF C Stewart Title ;r sueyr Chairman of the Board Aspen Division w'. t s o 6 ?p 620 East Hopkins Avenue >EX'i s Aspen,Colorado 81611 Phone:970-925-3577 President Fax:866-277-9353 Order Numbcr:949081-- ALTA Commitment(6/17/06) Title Officer:Linda Williams COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 11,2011,at 8:00 a.m. Order Number: 949081--C3 Title Officer:Linda Williams 2. Policy or Policies To Be Issued: Amount of Insurance: (a)A.L.T.A. Owner's (Extended) $3,900,000.00 Proposed Insured: SC Acquisitions LLC,a Colorado limited liability company (b)A.L.T.A.Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Ronnie Marshall(SEE REQUIREMENTS HEREIN) 5. The land referred to in this Commitment is described as follows: PARCEL I,MARSHALL LOT SPLIT, according to the Plat thereof recorded January 26, 1988 in Plat Book 20 at Page 54 as Reception No. 296875. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 320 Lake Avenue These charges are due and payable before a Policy can Aspen,Colorado 81611 be issued: Basic Rate 2006 Owner's Policy: $6822.00 Owner's Extended Coverage: $150.00 Tax Certificate: $20.00 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 949081—C3 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s)or mortgagor(s)of the full consideration for the estate or interest to be insured. 2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on,or in connection with,the subject property(architectural drawings,soils testing, foundation work,installation of materials),please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title of Colorado,Inc.furnished by the Office of the Director of Finance,City of Aspen, that the following taxes have been paid,or that conveyance is exempt from said taxes: (1) The"Wheeler Real Estate Transfer Tax"pursuant to Ordinance No.20(Series of 1979)and (2) The"Housing Real Estate Transfer Tax"pursuant to Ordinance No. 13(Series of 1990). 6. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY,meeting the minimum detail standards of the ALTA/ACSM,Survey LOCATION CERTIFICATE,prepared by a registered Colorado surveyor,within the last TWO MONTHS,must be presented to Stewart Title Guaranty Company,for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey,or make further inquiry or requirements relative thereto. Said Survey,must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 7. Trust Agreement for the Ronnie Marshall Living Trust Dated January 17,2000 NOTE: The Agreement will not be recorded. 8. Execution by Authorized Trustee of the Ronnie Marshall Living Trust Dated January 17, 2000,of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. 9. Deed from Ronnie Marshall,Trustee of the Ronnie Marshall Living Trust Dated January 17,2000 conveying fee title to Ronnie Marshall NOTE: This Deed is needed because subject property or a portion thereof was conveyed to Ronnie Marshall,Trustee of the Ronnie Marshall Living Trust Dated January 17,2000 by Quitclaim Deed recorded April 5,2002 as Reception No. 465999 Said Deed used the prior legal description (one prior to the Marshall Lot Split Plat) 10. Release by the.Public Trustee of the Deed of Trust from Ronnie Marshall for the use of Wells Fargo Bank N.A.to secure $450,000.00,dated April29,2004 recorded May 5,2004 as Reception No.497218. .1 This Deed of Trust secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written statement from the existing lender confirming:(a)the payoff amount;(b)that the line of credit has been closed or frozen, and no further draws/advances will be permitted and/or the right to future advances has been tenninated,and(c) agreement to deliver a fill Release of Deed of Trust upon payment of the outstanding balance. 11. Release by the Public Trustee of the Deed of Trust from Ronnie Marshall for the use of Wells Fargo Bank N.A.to secure $200,000.00,dated September 12,2008 recorded October 10,2008 as Reception No.553482. 12. ►►Release by Aspen Grove Associates LLC of the Promissory Note in the amount of$48,924.00 recorded August 22, 2011 as Reception No.582119. 13.Relating to SC Acquisitions,LLC,The Company requires for its review the following: a)Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof b)Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note:The Colorado Secretary of State shows this company in good standing. 14.Deed from vested owner(s)vesting fee simple title in the purchaser(s). Note:notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109(2). COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 949081--C3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. 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. Any encroachment,encumbrance,violation,variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters, if any,created, first appearing in the public records or attaching subsequent to the effective date hereof,but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this comnritmnent. 6. Unpatented mining claims,reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. • 9. The effect of inclusions in any general or specific water conservancy,fire protection,soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10.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 Patents recorded June 5, 1880 in Book 55 at Page 2 and in Book 55 at Page 32. 11. Easements,rights of way and all matters as shown on Plat of Marshall Lot Split recorded January 26, 1988 in Plat Book 20 at Page 54 as Reception No. 296875. 12.NOTE: Exceptions 1 and 4 may be deleted from the policies,provided the seller and buyer execute the Company's affidavits,as required herein,and the Company approves such deletions. If work has been performed on,or in connection with,the subject property(architectural drawings, soils testing, foundation work, installation of materials),and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4(mechanic lien exception)will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies,provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies,provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. DISCLOSURES Order Number: 949081--C3 Note:Pursuant to C.R.S. 10-I1-122,notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. Note:Colorado Division of Insurance Regulations 3-5-1,Subparagraph(7)(E)requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available(typically by deletion of Exception No.4 of Schedule B,Section 2 of the Conrrninnent from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence,which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indetnnifying the Company against unified mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction,improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain constriction information; financial information as to the seller,the builder and/or the contractor;payment of the appropriate premium;fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note:Pursuant to C.R.S. 10-11-123,notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals,or geothermal energy in the property;and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions, in Schedule B,Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09)Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law regulations also require us to tell you hone collect,share,and protect your personal information.Please read this notice carefully to understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us.This information can include social security numbers and driver's license number. All financial companies,such as the Stewart Title Companies,need to share customers'personal information to run their everyday business—to process transactions and maintain customer accounts.In the section below,we list the reasons that we can share customers'personal information; the reasons that we choose to share;and whether=Lean limit this sharing. -,.+-r a .r i f } �'1nkr�- '!'.< -.r sx.rd -'a,`�'3 t r.',tyrz y....,.._. e. '- !WI! 17.2$°"L '� + e` w ft-r jNe. lfbt ° Ca0.yomL tli)s$ba�ng'+ For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts,such as Yes No processing transactions,mailing,and auditing services,and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be yes No financial and nonfinancial companies.Our affiliates may include companies with a Stewart name;financial companies,such as Stewart Title Company For our affiliates'everyday business purposes—information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non-affiliates to market to you.Non-affiliates are companies not related by common No We don't share ownership or control.They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law.If you request a transaction with a non- affiliate,such as a third party insurance company,we will disclose your personal information to that non-affiliate.live do not control their subsequent use of information,and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use,we use security personal information? measures that comply with federal and state law.These measures include computer,file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information,for example,when you personal information? - • request insurance-related services • provide such infonnation to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction,credit reporting agencies,affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing(e.g.,opt out)in certain instances,we do not share your personal information in those instances. If you have any questions about this privacy notice,please contact us at Stewart Title Guaranty Company, Zat -. ,,,, ;:' 1980 Post Oak Blvd.,Priva Officer Houston,Texas 77056 Stewart Title DISCLOSURE The title company,Stewart Title in its capacity as escrow agent,has been authorized to receive funds and disburse them when all fiords received are either:(a)available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity whichrmay or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs,relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a find established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. • • CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly inodifred herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of die title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at die option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. stewart •title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O.Box 2029,Houston,Texas 77252. `4 n/ \., 1 0111 yd ® _ 145 41;9 Sn'1.1Y_r. ; 's•Yto F y SO:s c* .;fin 3 P2�' aa 3. -_ ad e'er Ta rr%Tameury x S an sr y;' p55� _ 5 S.; .Q :i NTbl,14 C s yii. N.;hi,Sr - 0� N9y�Sr _ _ F m s y�'� e et 2: m q . \SS: Lh.ry::As Nur yL r `� F 1 31 SNOW rx j9ac z v e a - 4,4%tµ 1e a'1V$: v a - eT s. aG • Ca I , .4!is: .� 4 7 it ly t:afrt{-66 PROJECT LOCATION 320 LAKE AVENUE ASPEN, COLORADO tat4%. F-' Nk014. ' 14 6 at.",att- "F 15 aa F•' 5 .51 5 a a •2 -■4 5 5? r 2.--:..,q,..; 'cia Z .0 ; cr W iU A, 1!„ .1.1; ' ' ' ".= .."- "..".! 1". 3:4!:C-''.:7 ) i i 11. .!; •,,,!:„°2„.10r it 9 : f.:' , , e... ttIi i...% ,fr h g;P r=4 47 6pe 1 4n424k4' I - , 0.•!, t; -=,) =. 1.;, =.;. = er, =, , •,:i FF=f,-40,.0: r; ;' •€ ,; ; * ; =';'';::. 5fig Cy:::• =II,S f • I tRI , tril 6 66616 -" '•'. Z i 1 5 i at ar.1;1 0; .4! '..'n.;i; 'f'555:51,24;55-5 45 tt ' 5 t I 4I, I i; :ta0r-•,:;i=t •:,, 12 • •, 0 th. {•"!;; " ; . 4,f ' i 4444 4, -?",-,,F”.- 'F(;:”...;?: l=" i i„.,',..-i!' i:.-. >.1• V 1 .1.tgesJ,,,,,--;; 3(g 1-k...it'. 1 rriil nr== ....- ,... , 5, / 7/ 4t , EJ.s.ski !:. i . _ 1 --ss:— .- —' sv,t—etst•-•1 -' ._55, 05 ct 5 " 5 \,---", 15i \ 411 se.c/sc. 41;\:e. \ ,::::::;‘,-01-\,\z\:14;:r1 i,,, , / '' 2' ,' \--44-1:1C' k4‘ i --77/ Cy a: I ‘ -3 i'5 ; , \--v. /z n \'\ " 1 \\N , 7.g.4\\ 4;- -t \ k I,\ '12±: \ -r-ki■ , t r 1\ 1 „1--c-5522---515 WI 6 ■-.. . n it t • II5, / •—s, ' .54; —5 ‘i , _ „ , -- __.---- --- 2 0, ', r ‘ \„i-•- 0 ..____-- . .;d- r..,,-. _..--- ,.,. Exhibit F Ronnie Marshall 320 Lake Avenue Aspen, Colorado 81611 December 30,2011 Ms.Amy Guthrie Historic Preservation Officer, Community Development City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms.Guthrie, I am the owner of 320 Lake Avenue, Aspen,Colorado 81611 (the"Property"). Please accept the enclosed application to amend the Plat for the Marshall Lot Split pursuant to Section 26.480.080 B. of the City of Aspen Land Use Code. 320 Aspen, LLC, represented by attorney Michael Hoffman, Esq., Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611, is authorized to submit and prosecute this application. Sincerely, Ronnie Marshall • CONINI E11"I l DEV'E LOPfIENT DF:P.a12 f 11EA"1 Li Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties. \1/40, rr. MI I ( IIA ., 1-Nil I ;u �. (1alala 1i 9 ) 'Cll-51101 l `.. .• CONI\II NIT\ DE\ EU)P MENrDrPPA14J liar Lk Agreement to Pay Application Fees An agreement between the City of Aspen ("City")and Property Phone No.: -1-1Z,-c(t-k r 341,12 Owner("I"): SC Acquisitions LLC Email: M 1/NOSA nit.Q a t, Corn Address of Billing �p Property: 320 Lake Avenue Address: // (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for . $ flat fee for $ flat fee for . For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,260* deposit for 4 hours of Community Development Department staff time. Additional time ab ve the deposit amount will be billed at$315 per hour. The typical deposit for this type of land use application is $4,410 for 14 hours of work. Due to the limited nature of this project, the Community Development Director authorizes the acceptance of a lower deposit amount of $1,260 for 4 hours of work. Please not that any time over 4 hours will be billed at the regular rate of$315/hour. $ 0 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. RECEIVED JAN 0 3 2012 CITY OF ASPEN Id,/ k I Lai Ir \0v rmher 21L I l il. ul .AaPcn i ;li A. (Lien' .1 'll ((CO) `01-1'11'1() I—' -� CO\I\II DE\ ELOPNIENT DEP:AI(flIEvr City of Aspen: Property Owner: «uket-ta. c9,1,A Chris Bendon Community Development Director Name: fl cp,�,t�;n n' LL-� City Use: Title: - GJ) l� Fees Due:$ Received:$ NOALuill . =n1 I A,hen 1/4,1. 19-n) 11_0-'7'1011 • Amy Guthrie From: John Worcester Sent: Wednesday, December 21, 2011 3:41 PM To: Michael Hoffman forward;Amy Guthrie Subject: RE:Amendment of Subdivision Exemption Plat, Marshall Exemption Plat Great,Thanks From: E. Michael Hoffman [mailto:mhoffman @garfieldhecht.com] Sent: Wednesday, December 21, 2011 3:31 PM To: John Worcester; Amy Guthrie Subject: RE: Amendment of Subdivision Exemption Plat, Marshall Exemption Plat John: Parks has looked at this issue exhaustively and has issued the attached letter and Addendum. I understand that the resulting tree removal permit is still current. --- Mike E. Michael Hoffman Of Counsel, Garfield and Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 (970) 544-3442, ext. 232; (866) 929-7870 Telefax This message is intended only for the individual or entity to which it is addressed and may contain information that is attorney work-product, privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via email or the United States Postal Service. From:John Worcester [mailto:John.Worcester @ci.aspen.co.us] Sent:Wednesday, December 21, 2011 3:23 PM To: E. Michael Hoffman; Amy Guthrie Subject: RE: Amendment of Subdivision Exemption Plat, Marshall Exemption Plat I think we need to confirm with the Parks Dept. that the tress are no longer in need of protection.... From: E. Michael Hoffman [mailto:mhoffman @garfieldhecht.com] Sent:Wednesday, December 21, 2011 2:49 PM To:Amy Guthrie Cc:John Worcester Subject:Amendment of Subdivision Exemption Plat, Marshall Exemption Plat Amy: I talked to John about the above-referenced plat amendment. He said that a plat amendment for Lot I only was acceptable, but that we should include a note which clearly states that the first plat note on the original Plat was vacated because the trees the note was intended to protect have now become old and decayed. 1 We will proceed in that manner. --- Mike E. Michael Hoffman Of Counsel, Garfield and Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 (970)544-3442, ext. 232; (866) 929-7870 Telefax This message is intended only for the individual or entity to which it is addressed and may contain information that is attorney work-product, privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via email or the United States Postal Service. Email secured by Check Point Tax Advice Disclosure: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction. Tax Advice Disclosure: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction. 2 0 ggi THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 5, 2012 Dear 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 001.2012.ASLU — Subdivision Amendment. The planner assigned to this case is Amy Guthrie. ❑ 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: 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 are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are 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 necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, • r1A Je i er Phe• , Deputy Director ity of Aspe , Community Development Department • For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No �C_ Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No -,G Commercial E.P.F. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 320 Lake Avenue,Aspen, CO SCHEDULED PUBLIC HEARING DATE: February 27,2012 STATE OF COLORADO ) ) ss. County of Pitkin ) I,E. Michael Hoffman(name,please print) being or representing an Applicant to the City of Aspen,Colorado,hereby personally certify that I have complied with the public notice requirements of Section 26.304.060(E)of the Aspen Land Use Code in the following manner: 17 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. © Posting of notice: By posting of notice,which form was obtained from the Community Development Department, which was made of suitable, waterproof materials,which was not less than twenty-two(22) inches wide and twenty-six(26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing and was continuously visible from the 10`s day of February,2012,to and including the date and time of the public hearing. Two photographs of the posted notice(sign)are attached hereto. © Mailing of notice. By the mailing of a notice obtained from the Community Development Department,which contains the information described in Section 26.304.060(E)(2)of the Aspen Land Use Code. At least fifteen(15)days prior to the public hearing,notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(300)feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60)days prior to the date of the public hearing. Copies of the notice and the list of owners and governmental agencies so noticed are attached hereto. .Michael Hoffman ,-, STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing "Affidavit of Notice" was acknowledged before me this 27th day of February,2011,by E.Michael Hoffman. 7,SPRY•PV94 WITNESS MY HAND AND OFFICIAL SEAL 2,.•' n I, , 1 ( SlSHA LYN I 1 My commission expires: / /201 fl °s SEMPLE TiF ••• � t is Commission Expires 0111812012 Notary Public ATTACHMENTS: TWO (2)PHOTOGRAPHS OF THE POSTED NOTICE(SIGN) COPY OF THE NOTICE LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL C PUBLIC NOTICE RE: 320 LAKE AVENUE- SUBDIVISION AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 27, 2012, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen,to consider an application for Subdivision Amendment affecting the property located at 320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, County of Pitkin, State of Colorado, PID# 2735-124-01-002. The application is submitted by 320 Aspen, LLC , 2950 E. Broad St., Columbus, OH, 43209 with the consent of the current property owner, Ronnie Marshall, 320 Lake Avenue, Aspen, CO, 81611. The applicant requests approval of a plat amendment to remove a condition related to setback requirements. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen,CO,(970)429-2758,amy.guthrie @ci.aspen.co.us. s/Mavor Michael C. Ireland Aspen City Council Published in the Aspen Times on February 9,2012 City of Aspen Account Easy Peel®Labels ✓ I!"1 CA 0®• ® Bend along line to I! AVERY®516 Use Ave Template 5160® Feed Paper expose Pop-Up EdgeTM A 335 LAKE AVE LLC ASPEN CENTER FOR ENVIRONMENTAL ATCHLEY MARK AMES 50% 715 W MAIN ST#101 STUDIES 292 RIVERSIDE DR#5A ASPEN,CO 81611 100 PUPPY SMITH ST NEW YORK,NY 10025 ASPEN,CO 81611 BELL 26 LLC BLOCK FAMILY TRUST CONOVER CATHRINE M PO BOX 1860 311 W NORTH ST 2715 M ST NW#300 BENTONVILLE,AR 72712 ASPEN,CO 81611 WASHINGTON,DC 20007 COTSEN 1985 TRUST D W RINGSBY ENTERPRISES LLC E A ALTEMUS PARTNERSHIP LLLP 12100 WILSHIRE BLVD STE 905 1123 AURARIA PKWY#200 PO BOX 5000 LOS ANGELES,CA 90025 DENVER,CO 80204 ASPEN,CO 81612 EFH HOLDINGS LP GREENBERG ASPEN LP 50% GREENBERG RONALD K TRUSTEE 50% PO BOX 8770 #3 BRENTMOOR 3540 WASHINGTON ASPEN,CO 81612 ST LOUIS,MO 63105 ST LOUIS,MO 63103 HUNT ELLEN 12.8066% JOHNSON STAN L REV TRUST LAND TRUST PO BOX 8770 6120 S YALE AVE#813 1650 TYSONS BLVD#900 ASPEN,CO 81612 TULSA,OK 74136 MCLEAN,VA 22102 LEYDECKER SUZANNE LYNNE LUBAR SHELDON B&MARIANNE S LUNDGREN WIEDINMYER DONNA TRST 710 N THIRD ST UNIT A 700 N WATER ST#1200 PO BOX 6700 ASPEN,CO 81611 MILWAUKEE,WI 53202-4206 SNOWMASS VILLAGE,CO 81615 LUNDY NICHOLAS BURWELL 50% MARSHALL RONNIE MUSTANG HOLDINGS LLC 292 RIVERSIDE DR#5A 320 LAKE AVE 3131 S VAUGHN WY#301 NEW YORK,NY 10025 ASPEN,CO 81611 AURORA,CO 80014 NITZE WILLIAM A OAK LODGE LLC 87.1934% PERROS DIMITRI&DIANE 1537 28TH ST NW CIO WILLIAM 0 HUNT 79 LOCUST RD WASHINGTON,DC 20007 PO BOX 7951 WINNETKA,IL 60093 ASPEN,CO 81612 PHELPS MASON PINES DAVID&ARONELLE S TRST RICHARDS ANN K PO BOX 2429 PO BOX 576 1537 28TH ST NW LA JOLLA,CA 92038 TESUQUE,NM 87574 WASHINGTON,DC 20007 SCHIFF DAVID T SMUGGLER 326 LLC TATEDAISY LLC C/0 ATLANTIC TRUST CO 326 W SMUGGLER ST 600 N THIRD ST 1177 AVE OF THE AMERICAS,42ND FL ASPEN,CO 81611 ASPEN,CO 81611 NEW YORK,NY 10036 Etlquettes fettles a paler ; A Repllez Ala hachure atin de 1 www.avery.com Utilisez le gabarlt AVERY®5160® Sens a reveler le rebord Pop-UprM ' 1-B00-GO-AVERY g 1 chargement dent 1 1 Q AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: . I 32o Lc4ct , • ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mcv .-i e 5:toev„, ,201 ti. STATE OF COLORADO ) ) ss. County of Pitkin ) I, )r nc.e_ier, 5�--'i (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the_day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto_ (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this 7 day of ceb , 20f4-,by Awl s& %o. • WITNESS MY HAND AND OFFICIAL SEAL IOLAKEM801V1 1 {�RE: SION My commission expires. 1/ 1/S J4'©` AMENDMENT "nun .� flA NOTICE IS HEREBY GIVEN that apublic hearing 2T,2012,at a J\ 'N‘4% will be held on Monday, p.m.belore the Aspen _ by meeting to begin 4'15 00 p. 0 8 Cite tang to ,Council Chambers,City Hall,13 or V Galena SL,Aapea to consider an apP icato erl r jixQ\is Public. Subdivision Am"'Avenue.e.paarcceel I of the .eU`A�a Y located at 320 Lake Avenue, 010144, Marshall Lot Split,City and T Colorado,of Aspen, i County of Pitkin,Stale of Colorado,PI1p 2]35-124'01-002. The application is submitted by 43 II 's .Broad SL,Columbus, �• r % 320 Aspen,LLC.2950 ,IT�4T• „-«•••°�(`� OH ner,R9wieMarahns o�keAve��e Aspe .. T�k\F OF 0 - o CO 81611.T Marphall, roval of a O,81811. The applicant requests app plat amendment to remove a further o information, n, setback requireem1ethsie For the City fof Aspen contact Amy men,DepadmenL,30 5. ATTACHMENTS AS APPLICABLE: Community Develop Ct (910)429-2758, Galena St., Aspen• oua 3E PUBLICATION PH OF THE POSTED NOTICE (SIGN) Aspen Clry Courlc,l Published in Ne ASpen Times Weekty on February E OWNERS AND GOVERNMENT AGENGIES NOTIED 9,2012. p5a0A991 42 ASPEN TIMES WEEKLY .CERTICICATION OF MINERAL ESTATE OWNERS NOTICE _ c.a.. :JD BY C.R.S. §24-65.5-103.3 , . • CoyIMlLNITv DEVELOPMILNT Drp. .RTNILNT Li Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner(e.g. a contract purchaser) regarding payment of fees is solely between those private parties. \�n cmhci: '1�1 I ( i1v ill .A 1cu I al S. (Telc11:1 1I_ I')-Ui 0:11-H190 COM\1F1NITY DEVELOPMENT DEPARTMENT Lii Agreement to Pay Application Fees An agreement between the City of Aspen ("City")and Property Phone No.: M_fyq e" N/�t�Zes i` Owner("I"): SC Acquisitions LLC Email: ryike'C'Cmo-A_l F-'�t�ak. c - Address of Billing �p Property: 320 Lake Avenue Address: // (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for . $ flat fee for $ flat fee for . For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1.260' deposit for 4 hours of Community Development Department staff time. Additional time ab ye the deposit amount will be billed at$315 per hour. 4 The typical deposit for this type of land use application is$4,410 for 14 hours of work. Due to the limited nature of this project, the Community Development Director authorizes the acceptance of a lower deposit amount of $1,260 for 4 hours of work. Please not that any time over 4 hours will be billed at the regular rate of$315/hour. $ 0 deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. NuN cmhzr. 2o1 ' ( ii, u1 Hien 1 ;11 . G:dIrnti St. 1`7-11 19nn--U'H1 C s/ / de Co\l\I1 NIT) DEVELOPMENT DEPARTMENT Li City of Aspen: Property Owner: « ct k°, Chris Bendon �- Community Development Director Name: ac , iA;o vn7 1A-L City Use: Title: l,UkU Fees Due:$ Received:$ Novcinhcr. 21111 Cih nl .ATnn I u S_ (inhna vt. t9-I1 ,2m fiyii