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HomeMy WebLinkAboutLand Use Case.815 Vine St.0032.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0032.2013.ASLU PARCEL ID NUMBERS 2737 07 3 66 074 PROJECTS ADDRESS 815 VINE STR PLANNER JUSTIN BARKER CASE DESCRIPTION AFFORDABLE HOUSING CREDIT REPRESENTATIVE STAN CLAUSEN DATE OF FINAL ACTION 07.18.2013 CLOSED BY ANGELA SCOREY ON: 9/23/13 z 17 '3-7-o�- 3 -6�-0-z y- 00 2 20 t3 -A-S" � 99B PerMs a File 10 RKord Navigate Form Reports ForMat jab Help u 1 ltipl "" Routing Status Fees Fee summary; Main Actions Attachments Routing History Valuation .Arc+rEng Custom Fields Sub Fem s Parcels Permit tylte Aspen LandUsP Permit 4C32.2C13.ASLU Address (815 VINE ST Apt/Suite!815 i i City'ASPEN state CO tip'81611 x j,Permit Information ,0 Master permit Routing queue aslud7 Applied C5 3C'2C13 Z ' Project Status :Pending Approved .; Description APPLIWON FOR CERTIFICATE OF AFFORDABLE HOUSING CREDIT Issued (,Q Lj3 � tlos�d;`Final Submitted STAFJ CtA.USEh192e.2323 Clod Running Da s C; Fp Tres Ct+25i2d1 n Darner lastname SHORE JILL Fird name PO B0 85 73 : ASPEN CO 81812 I Phone ! .i Address ; I " Applicant _Owner isapplicant? Contradorisapplicant? last name X33 SPRING 11 LLC Firs name Q Phone :i9?C;925-1936 Cust 1429221 1 ddrass Lender Lai name First name Phone Address I I i � ._�.. . ..� eta 1 of 1 As eoldS senei an ;3' 10 a (?GHH $R75-' 00 RECEPTION#: 601030, 07/09/2013 at 11:19:39 AM, 1 of 2, R $16.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION NO. 17 (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE II ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED ON FEBRUARY 2, 1982 IN PLAT BOOK 12 AT PAGE 71, AND AS DEFINED AND DESCRIBED BY THE CONDOMINIUM DECLARATION RECORDED IN BOOK 420 AT PAGE 714 AND AMENDMENT THERETO RECORDED NOVEMBER 23, 1983, IN BOOK 456 AT PAGE, 273 AND SECOND AMENDMENT THERETO RECORDED MARCH 29, 1984 IN BOOK 463 AT PAGE 758, AND THIRD AMENDMENT THERETO RECORDED JULY 26, 1984 IN BOOK 470 AT PAGE 738, CITY OF ASPEN, PITKIN COUNTY, COLORADO AND COMMONLY DESCRIBED AS 815 VINE STREET. PARCEL ID: 2737-07-366-074 WHEREAS,the Community Development Department received an application from 815 Vine Street, LLC, c/o Andrew V. Hecht, represented by Stan Clauson Associates, Inc. requesting approval to establish a Certificate of Affordable Housing Credit; and, WHEREAS,the property is located at 815 Vine Street and is currently zoned Residential Multi- family-A (RMFA); and, WHEREAS,pursuant to Section 26.540.040, Authority, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 2, 2013, the Aspen Planning and Zoning Commission approved Resolution No. 17, Series of 2013, by a 7 to 0 vote, approving the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 815 Vine Resolution No. 17, Series of 2013 Page 1 of 2 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs, at a Category 4 income level, such certificate to be granted by the Community Development Department, pursuant to Section 26.540.040 and according to Section 26.540.080, subsequent to filing of an approved, executed and recorded deed-restriction in compliance with APCHA Guidelines. Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of July,2013. APPROVED AS TO FORM: PLA AND ZONING C ION: Debbie Quinn,Assistant City Attorney rspamer, Chair ATTEST: Kathy Stn land Chief Deputy C1erR � P Y 815 Vine Resolution No. 17, Series of 2013 Page 2 of 2 Regular Meeting Planning& Zoning Commission liviv 2.2013 have safety or egress concerns. This meets all applicable criteria. Myrin asked if there was a level of change that would not have required P&Z review. Ms. Nadolny said changing doors and windows triggers P&Z review. Kim Raymond, representing the applicant,said people hang out in the notch just south of the alley and the applicants have decided to create a friendlier, more beautiful spot. The window will echo the other windows in the building and create continuity. The Aspen Square HOA has given approval for these changes. Goode asked what triggers the requirement for an airlock. Ms. Nadolny said if it new development or a new building; changing doors for doors does not trigger that requirement. Weiss asked where the other egresses are located. Ms. Nadoly pointed out the two egresses and a new one in the basement to the parking garage. Myrin said he feels this could have been a staff review. Erspamer opened the public hearing. There were no comments. Erspamer closed the public hearing. Weiss moved to approve Resolution#16,2013;seconded by Erspamer. Weiss,yes; Goode,yes; Gibbs, yes; Myrin,yes;Walterscheid,yes; Ms.Tygre,yes; Erspamer,yes. Motion carried. 815 VINE ESTABLISHMENT OF CERTIFICATE OF AFFORDABLE HOUSING CREDITS Justin Barker,community development department,told P&Z this is a Hunter Creek unit,#815,and the request is to deed restrict this unit and have P&Z approve affordable housing credit for 3 full time equivalents. P&Z is the final decision making body on this. Barker said Hunter Creek was built in the `80s in the county and annexed into the city in 1989 and is zoned RMF-A. This unit is a 3-bedroom free market unit on the ground level of the 8 building. If the deed restriction is approved,the unit will be sold through APCHA as a category 4 unit. Barker said the purposes for creating affordable housing credits are to encourage the development of affordable housing and to establish an option for housing mitigation to offset the impacts of development. Barker told P&Z this unit is slightly smaller than the minimum size for a category 4;the smaller size can be mitigated by meeting some criteria. APCHA has reviewed and approved this unit as a category 4 three-bedroom unit.Stan Clauson, representing the applicant,told P&Z the applicant can divide these housing credits;they may be used in part to respond to different mitigation requirements. Erspamer opened the public hearing. There were no comments. Erspamer closed the public hearing. Barker reported he received an e-mail from Tracy Murtaugh opposed to the deed restriction as the free market units in Hunter Creek are some of the more affordable free market units in town. Walterscheid moved to approve Resolution#17,Series of 2013; seconded by Goode. Weiss,yes;Goode, yes;Gibbs,yes; Myrin,yes;Walterscheid,yes; Ms.Tygre,yes; Erspamer,yes. Motion carried. Goode moved to adjourn at 5:25 PM; seconded by Ms.Tygre. All in favor, motion carried. I Kathryn , City Clerk"� 2 EXHIBIY�� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: !615- Aspen, CO SCEt DULED PUBLIC HEARING DATE: a rn, 20L3 STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or represerAing an Applicant to the Citf of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: L 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 11.otice (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 governtnen.tal 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 Af day ofd roc nR_ , 20L55 by PUBLIC NOTICE RE:815 VINE STREET-ESTABLISHMENT OF CERTIFICATE OF AFFORDABLE HOUSING CREDIT WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,July 2,at a meeting to be- gin m 4:30 p.m.before the Aspen Planning and Zoning Commission,Sister Cities Meeting Room, My commission expires. City Hall,130 S.Galena St.,Aspen,to consider an application submitted by the 815 Vine Street,LLC, c/o Andrew V.Hecht,Esq.,601 E.Hyman Ave. Aspen,CO 81611,for the property located at 815 Vine Street,Hunter Creek Condominium Unit#815, represented by Stan Clawson Associates,Inc.The applicant is proposing to deed-restrict the unit as a Notary Public Category 4 for sale-unit and is requesting approval to establish a Certificate of Affordable Housing Credit for 3.0 FTEs. The property is legally de- - scribed as:Condominium Unit 815,Building 800, Hunter Creek Condominiums,Phase II according to the Condominium Map thereof recorded on Feb- ruary 2,1982 in Plat Book 12 at Page 71,and as defined and described by the Condominium Dec- laration recorded in Book 420 at Page 714 and Amendment thereto recorded November 23,1983, in Book 456 at Page 273 and Second Amendment thereto recorded March 29,1984 in Book 463 at ���-�+ Page 758,and Third Amendment thereto recorded�TTACi71tr1r.NTS AS APPLICABLE July 26,1984 in Book 470 at Page 738;Parcel ID #2737-07-366-074. For further information,con-LIGATION tact Justin Barker at the City of Aspen Community Development Department,130 S.Galena St.,As-) pen,CO,(970)429.2797,justin.barker @cityo-THE fas pen.com. POSTED NOTICE (SIGN) a/LJ Erspamer,Chair ERS AND GOVERNMENT AGENGIES NOTIED Aspen Planning and Zoning Commission Publish in The Aspen Times Weekly on June 13, 20i3. [9264067, .CICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 815 Vine St , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 July 2013 STATE OF COLORADO ) ss. County of Pitkin ) I, Stan Clauson (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 on the 14 day of June , 20 13 , 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) X Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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 leday of J'.� ti_e , 20 , by 5" &.,- C(at a sa h WITNESS MY HAND AND OFFICIAL SEAL PATRICK S. RAWLEY NOTARY PUBLIC 6 .2 O STATE OF COLORADO My commission expires: 7 16 NOTARY ID#19994012259 My Commission Expires July 26,2016 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info @scaplanning.com www.scaptanning.com 18 June 2013 Justin Barker, Planner City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 815 Vine Street / Research of Mineral Estate Owners Dear Justin: On behalf of our clients, 815 Vine Street, LLC, and in connection with the application for Affordable Housing Credits for the property located at 815 Vine Street,we have performed the public notice requirements as required by Sec. 26.304.060(E) of the City of Aspen Land Use Code. Among the requirements contained in Sec. 26.304.060(E) is the requirement to notify affected mineral estate owners by certified mailing at least thirty (30) days prior to the date of the public hearing. Stan Clauson Associates, Inc. has researched the existence of mining claim or possession deeds dating to the late 19th century with the Pitkin County Clerk and Recorder's records (the "Public Records") using the Title Policy issued by Westcor Land Title Insurance Company Title Commitment PCT 23722W2 dated 21 March 2013. An exception was located recording a United States Patent dated 24 December 1902 to John R. Williams. No information can be located on his successors. This letter is submitted to you to confirm our good-faith attempts to locate a list of mineral estate owners. Please call me with any questions. I ly y Signed before me this 18th day of June, 2013 by Stan Clauson. WITNESS MY HAND AND OFFICIAL SEAL Stan Clauson, AICP, ASLA MY COMMISSION EXPIRES: STAN CLAUSON ASSOCIATES, INC. ,F I G K_ Notary Public Notary Public's Signature PATRICK S. RAWLEY NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19994012259 My Commission Expires July 26,2016 PUBLIC NOTICE RE: 815 VINE STREET—ESTABLISHMENT OF CERTIFICATE OF AFFORDABLE HOUSING CREDIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 2, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the 815 Vine Street, LLC, c/o Andrew V. Hecht, Esq., 601 E. Hyman Ave. Aspen, CO 81611, for the property located at 815 Vine Street, Hunter Creek Condominium Unit #815, represented by Stan Clauson Associates, Inc. The applicant is proposing to deed-restrict the unit as a Category 4 for sale-unit and is requesting approval to establish a Certificate of Affordable Housing Credit for 3.0 FTEs. The property is legally described as: Condominium Unit 815, Building 800, Hunter Creek Condominiums, Phase II according to the Condominium Map thereof recorded on February 2, 1982 in Plat Book 12 at Page 71, and as defined and described by the Condominium Declaration recorded in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983, in Book 456 at Page 273 and Second Amendment thereto recorded March 29, 1984 in Book 463 at Page 758, and Third Amendment thereto recorded July 26, 1984 in Book 470 at Page 738; Parcel ID #2737-07-366-074. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker @cityofaspen.com. s/LJ Erspamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 13,2013 City of Aspen Account '3 1 i rj F •�it PUBLIC NOTICE DATE; Te jday July 2.. 20 t 3 TIME- A30 ;n, PLACE. :S,b, ROOM, City HA, 130 Galena St. Wen pURPOSE. � ,Pp�i, _ink (81 5 ��'ln� 'Soot, LLB, �'� 1 E, Hyman,An.O-jc°,+v H ht, E Ave. : ,fer), Co ted, liver ionit to deed wr-swo OR and 116 'PQ'*V8I to astatolsh i"lol of hid �ff �l�► M�u Ir g r y t7f wr hef infbfm�ltion ,,tact ��i f'I +► [),Op ,t 111 ? .. 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SCHOOL DISTRICT NO 1 RE ASPEN SQUARE CONDO ASSOC INC C/O TERESA BRITTON 0235 HIGH SCHOOL RD 617 E COOPER PO BOX 255 BOONVlLLE,NY 13309 ASPEN,CO 81611 ASPEN,CO 81611 AUGELLO MICHAEL&GLADYS M AUSTER-STEIN M LEAH BACSANYI KARLA S 782 HOLLAND HILLS RD PO BOX 7963 PO BOX 9226 BASALT,CO 81621 ASPEN,CO 81612 ASPEN,CO 81612 BAEHR LYNNE BAKER CATHY C BAKER JAMES A SR 1132 VINE ST PO BOX 9792 1052 VINE ST ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 BALCOM SYLVIA J BARDEEN WILLIAM A LIVING TRUST BARRETT MARIANNE ' BARDEEN WILLIAM A-TRUSTEE 1336 VINE 5T PO BOX 4776 ASPEN,CO 81611 29W280 IROQUOIS CT N ASPEN,CO 81612 WARRENVILLE,IL 60555 BARTELL NICHELLE BD DEVELOPMENT LLC BECKER DANIEL A PO BOX 4496 210 AABC STE MM 132 VINE ST#132 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81611 91tiquettes faclles A peter A Repliez i3 Ea hachure afln dell �1 to j�� www.avery.com � Utilisez le abarit AVERY®5160 Sens de r6v6ler le rebord Po -u Tm ' 1-800-GO-AVERY ' 5 j chargement p p j � a Easy peel®tabefs ♦ ® Bend along line to AVERY®5160® Use Avery®Template 51600 j Peed Paper expose Pop-up EdgeTm A A A BELL MARTIN W BERNARD SUSAN BETTIO JACK A 521718TH AVE NE PO BOX 8908 2985 ROUTE 547 SEATTLE,WA 98105 ASPEN,CO 81612 MANCHESTER,NJ 08759 BITTNER SHIRLEY MARIE BOHN GERRY BOLTON LANCE 123 VINE ST 537 VINE ST PO BOX 2762 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 BONGIORNO PHILIP&LINDA BOOKBINDER FISHDANCE&DELANEY BRITTON JEROME 628 VINE ST LLC FORD CATHY ASPEN,CO 81611-1594 164 LITTLE PARK RD 232 ACADEMY ST GRAND JUNCTION,CO 81503 BOONVILLE,NY 13309 BROCKHOFF BRUCE&KRISTINE BROOKES EDWARD ALAN REV LIV BRUCE DAVID LAWRENCE 80 OLD MOOROODUC RD TRUST 224 VINE ST DROMANA VICTORIA AUSTRALIA 3936, PO BOX 5764 81611 CO 81611 PLAYA DEL REY,CA 90296 BUNCE BARBARA A BUNEVICH PETER&BRIGITTE BURNETT CHARLES PHILIP III TRUST 321 VINE ST 5301 CRACKER BARREL 238 VINE ST ASPEN,CO 81611 COLORADO SPRINGS,CO 80917 ASPEN,CO 81611-1550 BURTCH GEORGE W BYRUM PATRICIA B REV TRUST CALLAHAN MARY MAUREEN PO BOX 8345 1244 ARBOR RD 453 DETROIT ST ASPEN,CO 81612 BOX 536 DENVER,CO 80209-4311 WINSTON SALEM,NC 27104 CAMPBELL NICHOLE CARDAMONE JAMES M&MICHELE W CARDER FAMILY LLC 511 VINE ST 0104 VAGNEUR LN 1100 S RACE ST ASPEN,CO 81511 BASALT,CO 81621 DENVER,CO 80210 CAREY PATRICIA CASA ASPEN MANAGEMENT LLC CHAPMAN HARVEY G JR&RUTH J PO BOX 1440 109 N POST OAK LN#431 717 KUPULAU DR ASPEN,CO 81612 HOUSTON,TX 77024 KIHEI,HI 96753-9349 I COATES M A TRUST 11105 COATES MARY ANN TRUST COLLINS CHARLES&JANICE S PO BOX 25277 12664 VAL VERDE DR 531 W GILLESPIE ST OKLAHOMA CITY,OK 73125 OKLAHOMA CITY,OK 73142 ASPEN,CO 81611 COLORADO MTN NEWS MEDIA COLVER JOHN C CONARD THOMAS E PO BOX 1927 523 VINE ST 625 VINE ST CARSON CITY,NV 89702 ASPEN,CO 81611-3266 ASPEN,CO 81611 ttlquettes faclles h peler ® Repitez A la hachure afin de f s(W 1 ( www.avery.com Utillsez le abarit AVERY®5180® ► Sens de rev6ler le rebord Po -u TM 1.800-GO-AVERY 9 j chargement p p j 1 Easy Peels Labels A ® Bend along he to 1 � AVERY®51600 i Use Avery's 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I I QCs 0 { 4 4 •ST `� 65 FptK c' t� V 1 ". Roanng- r � r N � EXHIBIT_ — Justin Barker From: Tracy Murtagh <tracymurtagh @comcast.net> Sent: Tuesday, July 02, 2013 2:08 PM To: Justin Barker Subject: conversion of unit 815 hunter Creek Hi Justin, I am really sorry I can't make the meeting this afternoon as I am very interested in the issue of converting untis to employee housing. I am currently the owner of a two bedroom, deed restricted Hunter Creek unit which I share with my husband and son. I am very OPPOSED to the idea of converting the few free market units in Phase III to deed restricted from free market. I have lived in Hunter Creek for 25 years, never planning to share my unit with a spuse, and then a child as well. The problem is, now that my soon is a teen, and we are really ready to move, we find ourselves asset-capped out of employee housing. As we have examined our options over the past 6 months, we have continuously found that there is NEXT TO NOTHING under 1 million in town that is suitable for a family. Having lived in town for over 25 years, I am not really interested in moving to Snowmass. Other than the few 2-3 bedroom units that periodically come up for sale in Hunter Creek, there are very few options in our price range. Were 815 not right on the parking lot, I would have bid on that unit last winter. Please don't limit the "affordable" options in town any more than they already are. We are all for O mployee housing, but there is an even more severe shortage of, in town, free market, almost affordable housing than there is employee housing. For families, or couples looking to, (or forced to ) move up, the few Hunter Creek units which come up for sale offer the best option this side of Basalt. Please don't reduce the inventory of (under a million dollar ) housing available. Help keep young families in Aspen Thank you for your consideration, Tracy Murtagh i 0 P26 MEMORANDUM �6 TO: City of Aspen Planning and Zoning Commission THRu: Jennifer Phelan, Community Development Deputy Director FROM: Justin Barker, Planner RE: 815 Vine Street — Establishment of Certificate of Affordable Housing Credit, Public Hearing DATE: July 2, 2013 APPLICANT/OWNER: 815 Vine Street, LLC ■ i REPRESENTATIVE: W Stan Clauson Associates, Inc. LOCATION: 815 Vine Street, Hunter Creek - Condominium Unit#815 CURRENT ZONING: - RMFA, Residential Multi-family-A • '}ter � _ SUMMARY: The Applicant proposes to Locator Map deed-restrict the subject unit and is requesting approval to establish a ¢ Certificate of Affordable Housing for 3.0 FTE. STAFF RECOMMENDATION: - Staff recommends the Planning and Zoning Commission approve the establishment of a Certificate of Affordable Housing Credit. 800 Building 1 P27 LAND USE REQUEST AND REVIEW PROCEDURE: Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Establishment of Certificate of Affordable Housing Credit — An application for issuance of Certificates of Affordable Housing Credit, pursuant to Section 26.540.040, Authority, requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit. The Planning and Zoning Commission is the final decision- making body. PROJECT SUMMARY: The Hunter Creek Condominiums were originally built in the early 1980s. The complex consists of 13 condominium buildings, built in three phases. In 1989, the entire complex was annexed into the City and zoned as Residential Multi-family-A (R/MFA). Unit #815 is located in the 800 building of the Hunter Creek Condominiums, Phase 1I. It is a free-market, three bedroom unit on the ground level. The recorded Condominium Map shows the unit at approximately 953 square feet net livable area. According to the Pitkin County Assessor, the unit contains 1,097 square feet of heated area. The applicant is proposing to deed-restrict the existing unit and requests approval to establish a Certificate of Affordable-Housing Credit equal to the 3.00 Full Time Equivalents (FTEs) that could be housed as a result of the deed-restriction. The unit will then be sold through the APCHA lottery system at a Category 4 income level. STAFF EVALUATION: The two main purposes of Affordable Housing Credits are to encourage the development of affordable housing, and to establish an option for housing mitigation that immediately offsets the impacts of development. By deed-restricting an existing unit, the applicant is immediately creating an affordable housing unit and a Certificate of Affordable Housing Credit allows for an immediate mitigation option for development. The deed-restriction of this unit is not required for the mitigation of another development. APCHA has preliminarily reviewed the unit and stated that it complies with the requirements for a deed-restricted Category 4 unit at 3.00 FTEs, even though the square footage is less than the minimum net livable area for a Category 4, three bedroom unit (1,200 square feet), according to the APCHA Guidelines. Reductions in the allowable net livable minimum may be permitted, according to APCHA, when the following conditions are present: • Significant storage—additional storage outside the unit; • Above average natural light—more windows than the Code requires; • Efficient and flexible layout—limit to space used for halls and staircases; • Site amenities—pool, near to park or open space, etc.; • Location within the project—above ground versus ground level or below ground; • If the applicant can achieve higher density of deed restricted units with this variance. 2 P33 Attachment 7 ��pttkfn Aspen/t;'Itktu County tsflustng Authority ++ 530 E.Mein St.,1-mm Loni Aspott,CO 8 161 1 970.920.5050 Fax:970.920.5580 b 1 {k ti vtivtw.nspeitlotrs'rugottice.ctn� March 26,2013 Mr.Le.t Tanunianz Pyramid Property Advisors,LLC 418 E.Cooper Avenue, Suite;207 Aspen,CO 81611 R.E.- 815 Vine Street,Hunter Crack Condominiums Dear Leat Per our discussion on March 15, 2013, (lie Aspen7Pitkin County Housing Authority (ApCIIA) and the City of Aspen Community Development Departmernt. (City) are providing this letter autborizing that 815 Vine Street, a three-bedroom condominium (CONDOWNUM UNIT 815, BUILDrNG 800, HUNTED CREEK CONDOMINIUMS, PHASE 11, according to the Condominium Map thereof recorded F'ebwnry 2, 1982 in Plat Book 12 at Page 71, fend Supplements thereto,and according to the Condominium Declaration recorded February 2, 1982 in Bock 420 at Page 714, and amended by ins(ruments recorded November 23, 1983 h%Book 456 at Page 273, recorded March 29, 1984 in Book 463 at Page 758, and recorded July 26, 1984 in Book 470 at Page 738, County of Pitkin, State of Colorado), meets off-site affordable housing mitigation requirements. APCHA and the City understand that this property will be purchased in the'free market and will be converted to a deed restricted Category 4 unit. Tile unit will be sold by APCHA in the lottery system. This transaction will satisfy the off-site requirement of 3.00 611-title employees (FTE's), The applicant may use this transaction to Satisfy a portion of their Employee Housing Mitigation requirements for the development at 625 Hyman,boot 2 of the AAM Subdivision, as permitted in Ordinance No. 16(Series of2010). Once APCHA records the deed restriction on the unit, the City will provide a letter stating that the off-site mitigation requirement has been satisfied. Thank you, k 3irrt Pomeroy Cindy L. ensen City of Aspen Aspen/Pit b` aunty housing.Authority 130 S. Galcna St., Aspen, CO 81611 530 E. Main Street,Aspen,CO 81611 P32 Staff Finding., The proposed unit is located within the City limits. The applicant would like to use a portion (2.7 FTEs) of the created Certificate to satisfy employee mitigation requirements for another project, located at 625 Hyman, Lot 2 AAM. This is an approved method of mitigation per Ordinance No. 16, Series of 2010. Staff finds this criterion to be met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Finding: The unit is located on the ground level and the finished floor level of the entire unit is at or above natural and finished grade. Staff finds this criterion to be met. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Finding: The unit will be deed-restricted as a Category 4 for-sale unit. The unit will be sold by APCHA in the lottery system. Staff finds this criterion to be met. P31 EXHIBIT A 26.540.070 Review criteria for establishing an affordable housing credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a-d). Staff Finding: The proposed unit complies with all review standards of Section 26.470.070.4(a- d). See number 4 below. Stafffinds this criterion to be met. B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Staff Finding: The applicant is requesting to create a Certificate for 3.0 FTEs that could be housed by the unit. It is a voluntary deed-restriction for the unit that is not required to mitigate any development. Staff finds this criterion to be met. 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Finding: APCHA has reviewed the unit and stated that it meets off-site affordable housing mitigation requirements and the unit will satisfy the requirement of 3.0 FTEs. Staff finds this criterion to be met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. P30 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs, at a Category 4 income level, such certificate to be granted by the Community Development Department, pursuant to Section 26.540.040 and according to Section 26.540.080, subsequent to filing of an approved, executed and recorded deed-restriction in compliance with APCHA Guidelines. Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 3: Existing Liti4ation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of July, 2013. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk 815 Vine Resolution No. Series of 2013 Page 2 of 2 P29 RESOLUTION NO. (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE II ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED ON FEBRUARY 2, 1982 IN PLAT BOOK 12 AT PAGE 71, AND AS DEFINED AND DESCRIBED BY THE CONDOMINIUM DECLARATION RECORDED IN BOOK 420 AT PAGE 714 AND AMENDMENT THERETO RECORDED NOVEMBER 23, 1983, IN BOOK 456 AT PAGE 273 AND SECOND AMENDMENT THERETO RECORDED MARCH 29, 1984 IN BOOK 463 AT PAGE 758, AND THIRD AMENDMENT THERETO RECORDED JULY 26, 1984 IN BOOK 470 AT PAGE 738, CITY OF ASPEN, PITKIN COUNTY, COLORADO AND COMMONLY DESCRIBED AS 815 VINE STREET. PARCEL ID: 2737-07-366-074 WHEREAS,the Community Development Department received an application from 815 Vine Street, LLC, c/o Andrew V. Hecht, represented by Stan Clauson Associates, Inc. requesting approval to establish a Certificate of Affordable Housing Credit; and, WHEREAS,the property is located at 815 Vine Street and is currently zoned Residential Multi- family-A (RMFA); and, WHEREAS,pursuant to Section 26.540.040, Authority, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 2, 2013, the Aspen Planning and Zoning Commission approved Resolution No. _, Series of 2013, by a _ to _ vote, approving the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety,and welfare. 815 Vine Resolution No. _, Series of 2013 Page 1 of 2 P28 The letter approving the unit is included as Exhibit B and "Attachment 7" of the application. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs at a Category 4 income level. RECOMMENDED MOTION(ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2013, approving the establishment of a Certificate of Affordable Housing Credit for the deed-restriction of Unit #815 of the Hunter Creek Condominiums." EXHIBITS: A. Review Criteria— Certificates of Affordable Housing Credit B. APCHA referral C. Application 3 THE CITY of ASPEN Land Use Application Determination of Completeness Date: June 4, 2013 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 0032.2013.ASLU — 815 Vine St — Affordable Housing Credit. The planner assigned to this case is Justin Barker. ❑ Your Land Use Application is incomplete: 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 429-2780 if you have any questions. kica , (Je row, L ng Range Pla nner en, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. a STAN CLAUSON ASSOCIATES INC landscape architecture. ptanning. resort design 12 North Mill Street Aspen, Colorado 81611 t.970/925-2323 4 P f-970/92o-i628 Info @scap[anning.com www.scaplanning.com 4 June 2013 Mr. Justin Barker City of Aspen Community Development Department 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: 815 Vine Street, LLC /Case Number 0032.2013.ASLU Dear Justin: In connection with your completeness review of the application submitted for 815 Vine Street (the "Property"), please find enclosed a recorded Warranty Deed by and between Jill Shore, as Grantor, and 815 Vine Street, LLC, as Grantee. This Warranty Deed provides proof that 815 Vine Street, LLC is the current owner of the Property. Made a part of the Warranty Deed is Exhibit A which lists various encumbrances which have been recorded against the Property. We submit this Warranty Deed pursuant to a telephone conversation with Jessica Garrow, City of Aspen Long Range Planner. As the transaction which transferred the Property to 815 Vine Street, LLC occurred very recently, Jessica has provided that we may submit this Warranty Deed to meet the requirement for disclosure of ownership as contained in Sec. 26.304.030(B)(3) of the City of Aspen Land Use Code. The original Title Policy, which is a more standard form of disclosure of ownership, is currently being prepared and we will forward the original Title Policy upon completion. The title company has estimated that the original Title Policy will be available in approximately 30 days. We trust that this information will complete the application. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Enclosure Cc: Lex Tarumianz (via email, w/o attachment) �i I RECEPTION#:599854,06/28/2013 at 03:59:15 PM, 1 OF 4, R $26.00 DF $80.00 Doc Code WD Janice K.Vos Caudill,Pitkin County,CO Documentary Fee$80.00 WARRANTY DEED THIS DEED, made May 20, 2013, Between JILL SHORE of the County of PITKIN, State of COLORADO, GRANTOR, AND 815 VINE STREET LLC, A COLORADO LIMITED LIABILITY COMPANY, GRANTEE whose legal address is: �0 6.16 of the County of PITKIN , State of COLORADO WITNESSETH,That for and in consideration of the sum of ten dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the grantor has granted, bargained,sold and conveyed, and by these presents does grant,bargain, sell and convey and confirm unto the grantee, ITS heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO,described as follows: CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, Phase Il according to the Condominium Map thereof recorded on February 2, 1982 in Plat Book 12 at Page 71, and as defined and described by the Condominium Declaration recorded in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983, in Book 456 at Page 273.and Second Amendment thereto recorded March 29, 19.84 in Book 463 at Page 768, and Third Amendment thereto recorded July 26, 1984 in Book 470 at Page 738. TOGETHER with all and singular.the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest,claim and demand whatsoever of the grantor either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances_TO HAVE AND TO HOLD the said premises above bargained and descn C ith the appurtenances, unto the grantee,ITS heirs and assigns forever.And the Grantor,far HEAlER heirs and assigns,does covenant grant, bargain,and agree to and with the Grantee, ITS heirs and assigns,That at the time of the ensealing and delivery of these presents, HER is well seized of the premises above conveyed, has good,sure, perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,and has good right,full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and-clear from all former and other grants,bargains,sales, liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except those matters as set forth on Exhibit"A"attached hereto and incorporated herein by reference.The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,ITS heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular, and the use of gender shall be applicable to all genders. IN WITLESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 Giry of: DATE I� /y z ys�ss �"WFr F D NO SIGNATURE PAGE TO WARRANTY DEED PAGE 2 G , JILL SHORE STATE OF COLORADO) ss COUNTY OF PITKIN) The foregoing instrument was acknowledged before me this day 1P AY,2013, by JILL SHORE. WITNESS my hand and official seal my commission expires: otary Public A\NA 0,11, v• ,�01ARy PCTZ9722W2 0 -(P PUg1.��' . q�•Op•Cp�.OQ� EXHIBIT"A" 1. Taxes for the year 2013, and subsequent years, not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 3. Right of way and easement as set forth in Deed to Rocky Mountain Natural Gas Company, Inc., recorded August 26, 1968 in Book 236 at Page 19. 4. Terms, conditions and obligations of Agreement by and between the Board of County Commissioners of the County of Pitkin and Top of Aspen, Inc.,a Colorado corporation,dated May 13, 1971 and recorded May 27, 1971 in Book 255 at Page 540. 5. Easements for Perpetual and Non-Exclusive Trail Easement and right-of-way granted to the County of Pitkin in instruments recorded November 27, 1974 in Book 293 at Page 897 and March 28, 1975 in Book 297 at Page 461. 6. Terms, conditions and obligations of Declaration of Easements as set forth in instruments recorded September 24, 1973 in Book 279 at Page 934 and May 27, 1975 in Book 299 at Page 103 and as shown on the Plat recorded in Plat Book 4 at Page 402. 7. Right of way Easement and the right to construct,maintain and remove such communication and other facilities as granted to the Mountain States Telephone and Telegraph Company as set forth in instrument recorded January 24, 1978 in Book 342 at Page 476. 8. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded January 9, 1979 in Book 361 at Page 310. 9. Terms, conditions and obligations of Settlement as set forth in instrument recorded March 30, 1981 in Book 406 at Page 294. 10. Terms, conditions, provisions,obligations and all matters asset forth in Resolution of the The Board of County Commissioners of Pitkin County recorded January 12, 1982 in Book 419 at Page 771 as Resolution No.82- 3. 11. Cowenhoven Mining Transportation and Drainage Tunnel as set forth in Book 80 at Page 422; Book 80 at Page 580; Book 92 at Page 66 and Book 114 at Page 1; rights as granted to David R. C. Brown by instrument in Book 24 at Page 59;and rights as conveyed to James A. Devereux by instrument recorded in Book 29 at Page 582. 12. Reservations and exceptions as contained in Deed from John R. Williams to the cowenhoven Mining Transportation and Drainage Tunnel Company,a Colorado corporation, recorded December 9, 1895 in Book 115 at Page 572. 13. Easements and right of ways as shown on Condominium Map thereof recorded in Plat Book 9 at page 43,and in Plat book 12 at Page 71. 14. Terms, conditions, provisions,obligations and all matters as set forth in the By-Laws of Hunter Creek Condominiums recorded March 26, 1982 in Book 424 at Page 147. 15. The matters set forth in the document entitled"Condominium Declaration for Hunter Creek Condominiums",which among other things contains or provides for: Certain easements; liens; assessments,and the subordination thereof; provisions relating to partitions; restrictions on severability of component parts;reservations of right to expand; right of First Refusal; and covenants, conditions, restrictions; and which provides that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value,the First Amendment thereto recorded November 23, 1983 in Book 456 at Page 273,and the Second Amendment thereto recorded March 29, 1984 in Book 463 at Page 758 and Third Amendment thereto recorded July 26, 1984 in Book 470 at Page 738 and the Hunter Creek Phase 11 Condominiums Remodel Guidelines recorded April 26,2002 as Reception No.453829 and Amended and Restated Declaration recorded October 21, 2009 as Reception No. 563787 and Amended and Restated Declaration for Phase 11 recorded August 5,2010 as Reception No. 572382. 16. Terms, conditions, provisions and obligations as contained in Declaration of Common Area Protective Covenants recorded November 23; 1983 in Book 456 at Page 130 and the First Amendment thereto recorded February 16, 1984 in Book 461 at Page 75 and Second Amendment thereto recorded February 22, 1984 in Book 461 at Page 469. 17. Terms, conditions, provisions,obligations and all matters as set forth in the Articles of Incorporation of Hunter Creek Commons Corporation, Inc.recorded October 3, 1983 in Book 458 at Page 786. 18. Terms, conditions, provisions and obligations as contained in By-Laws of Hunter Creek Commons Corporation, Inc., recorded February 15, 1984 in Book 461 at Page 82. 19. Terms,conditions,-provisions-and obligations as set forth in Bill of Sale by and between Pitkin County and Aspen Consolidated Sanitation District recorded March 19, 1992 in Book 670 at Page 178. 20. Terms,conditions, provisions and obligations as forth in Sewer Easement recorded December 9, 1994 in Book 769 at Page 76. 21. Terms, conditions, provisions and obligations as set forth in Irrevocable Assignment of Assessment Proceeds and Lien Rights recorded February 16, 1995 in Book 774 at Page 439 and February 22, 1995 in Book 774 at Page 765. 22. Terris,conditions, provisions and obligations as set forth in Revocable Encroachment License Application recorded January 5, 2010 as Reception No.565891 23. Terms,conditions, provisions of any agreement or any other circumstance allowing for anyone other than 815 Vine Street LLC, a Colorado limited liability company to remain in possession subsequent ate of policy. to d THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 31, 2013 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 0032.2013.ASLU — 815 Vine St, Affordable Housing Credit. The planner assigned to this case is Justin Barker. ✓ Your Land Use Application is incomplete: 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: • A letter from the property owner, listed in the title commitment as Jill Shore, stating she authorizes this 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 429-2780 if you have any questions. Thank You, 4 ,- sica G arro y , on Range e Pla y of Aspen ommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. C -f` tom(` ASPE,*4 COMMUNITY a Agreement to .Pay Application Fees An agreement between the City of Aspen("City")and Property phone No.: 970-925-1936 Owner(1`): 815 Vine Street, LLC Email: ahecht @garfieidhecht.com Address of Billing c/o Andrew V. Hecht, Esq. Property; 815 Vine Street Address, Garfield & Hecht, PC (subject of (send bills here) 601 East Hyman Avenue application) Aspen, CO Aspen, CO 81611 I understand that the City has adopted,via Ordinance No. , Series of 2011,review flees 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 fiat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $- $975 fiat fee for APCHA fiat fee for $ flat fee for $ _ fiat 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 casts involved in processing the application. 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 tot 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 nonpayment. I agree to pay the following initial deposit amounts for the specked 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. $ $975 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour, $Q deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon c� Community Development Director Name: Andrew V. Hecht, Esq. City Use Title: Managing Member Fees.Dus:$Q.Received.$ January 2013 i 920-5090 APPLICATION FOR CERTIFICATE OF AFFORDABLE HOUSING CREDIT "Unit # 815 Vine," a three-bedroom condominium unit located in Building 800 of the Hunter Creek Condominiums, Phase II. 29 May 2013 Applicant: 815 Vine Street, LLC ' Location: 815 Vine Street, Aspen, Colorado ;, c ti Unit#815 Hunter Creek Condominiums Note: Dimensions of Unit#815 obtained through review of Plat Book 12,Pape 71,PINdn County Cleric and Recorder An application to convert a free-market three bedroom condominium to a Category 4 deed restricted for-sale unit. The Applicant wishes to create Certificates of Affordable Housing Credits. Represented By: STAN CLAUSON ASSOCIATESINC landscape architecture.planning.resort design a 412 North Mill Street Aspen,Colorado 81611 t.970/925-2323 f.970/92oa628 infoOscaplanning.com www.scaptanning.com TABLE OF CONTENTS • Project Overview and Code Response • Attachment 2 - Land Use Application Form • Attachment 3 - Dimensional Requirements Form • Attachment 4-Vicinity Map and Property Description • Attachment 5 - Letter of Authorization • Attachment 6 - Plan of Existing Net Livable • Attachment 7-Aspen Pitkin County Housing Authority and City of Aspen Community Development Department Letter to Mr. Lex Tarumianz, dated 26 March 2013 • Attachment 8- Recorded Condominium Map of the Hunter Creek Condominiums, recorded at Book 12, Page. 71 • Attachment 9 - Proof of Ownership • Attachment 10- Property Owners within 300' • Attachment 11 - Pre-Application Conference Summary 815 Vine Sfree, LLC Application for Certificate of Affordable Housing Credits 29 May 2013 PROJECT OVERVIEW The Applicant,815 Vine Street, LLC,wishes to convert Unit # 815 of the Hunter Creek Condominiums, a free-market, three bedroom unit, to a Category 4 deed restricted for-sale unit. The Applicant requests that the resulting affordable housing Full Time Equivalents (FTEs) generated by the deed restriction be converted to Certificates of Affordable Housing Credits. The proposed "buy-down" has received preliminary review and approval from the Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen Community Development Department. Unit # 815 is located in the 800 Building of the Hunter Creek Condominiums, Phase II. According to the Condominium Map of the Hunter Creek Condominiums, recorded at Book 12, Page 71, Pitkin County Clerk and Recorder, Unit # 815 consists of approximately 953 SF of net livable area. According to the Pitkin County Assessor's Parcel Detail Information Sheet, Unit # 815 contains 1,097 SF of total "heated area." In a letter dated 26 March 2013, APCHA and the City of Aspen have confirmed that the deed restriction of Unit # 815 will generate 3.00 FTEs. A portion of the Certificates of Affordable Housing Credits generated by Unit # 815 will be used to satisfy the Affordable Housing Mitigation requirements at 625 Hyman, Lot 2 of the AAM Subdivision. A surplus of .3 FTEs will remain following satisfaction of the mitigation requirements for 625 Hyman, Lot 2 of the AAM Subdivision which the applicant wishes to use as mitigation for other projects. The City of Aspen Community Development Department has stated that if an applicant wishes to utilize affordable housing FTEs which remain following the use of a portion of the FTEs generated by a buy-down of a free market unit, the FTEs generated by the buy-down must be converted to Affordable Housing Credits. The Community Development Department has also stated that the buy-down and conversion of the FTEs to Credits must be completed by an entity that is not required to mitigate.affordable housing. 815 Vine Street, LLC is a separate entity from the entity which is required to provide employee mitigation for 625 Hyman, Lot 2 AAM Subdivision. 815 Vine Street, LLC Application for Certificate of Affordable Housing Credits 29 May 2013 Page I Land Use Code Sections CHAPTER 26.470.070.4 Minor Planning Commission Applications 4.Affordable housing.The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority.A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard.The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. A letter dated 26 March 2013, signed by Jim Pomeroy, City of Aspen and Cindy L. Christensen, Aspen/Pitkin County Housing Authority (APCHA), states that 815 Vine Street, Hunter Creek Condominiums "meets off-site affordable housing mitigation requirements." The letter also states that the unit "will satisfy the offsite requirement of 3.00 full-time employees (FTEs)." A copy of this letter has been made a part of this application. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units.Off-site units shall be provided within the City limits.Units outside the City limits may be accepted as mitigation by the City Council,pursuant to Paragraph 26.470.090.2.If the mitigation requirement is less than one(1)full unit„a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority.If the mitigation requirement is one(1)or more units,a cash-in-lieu payment shall require City Council approval,pursuant to Paragraph 26.470.090.3.A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director,pursuant to Section 26.540.080 Extinguishment of the Certificate.Required affordable housing may be provided through a mix of these methods. Unit # 815 is located within the City limits of the.City of Aspen and is an existing free- market three bedroom unit. The Applicant wishes to "buy-down", deed restrict as a Category 4 Affordable Housing Unit, and convert the Unit into Certificates of Affordable Housing. The credits created by the "buy-down" of Unit # 815 will be utilized to satisfy a portion of the Employee Mitigation requirements in connection with 625 Hyman, Lot 2 of the AAM Subdivision. This method of employee mitigation for 625 Hyman, Lot 2 AAM was approved by Ordinance No. 16 (Series 2010). The Applicant wishes to retain the remaining credits following satisfaction of the mitigation requirements for 625 Hyman, Lot 2 AAM for use on other projects. c. Each unit provided shall be designed such that the finished floor level of fifty percent(50%)or more of the unit's net livable area is at or above natural or finished grade,whichever is higher.This dimensional requirement may be varied through Special Review,Pursuant to Chapter 26.430. Unit # 815 is an existing free-market three bedroom unit located in the Hunter Creek Apartments. The finished floor level of the entire unit is at or above natural and finished grade. d. The proposed units shall be deed-restricted as"for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines.The owner may be entitled to select the first purchasers,subject to the aforementioned qualifications,with approval from the Aspen/Pitkin County Housing Authority.The deed restriction shall authorize the 815 Vine Street, LLC Application for Certificate of Affordable Housing Credits 29 May 2013 Page 2 Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority,as amended. Unit # 815 will be converted to a Category 4 deed restricted for-sale unit. The unit will be sold by APCHA in the lottery system. e. Non-Mitigation Affordable Housing.Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d).The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. While the buy-down and conversion of Unit # 815 into Affordable Housing Credits will be utilized to mitigate a portion of the affordable housing mitigation in connection with 625 Hyman, Lot 2 AAM, the Applicant wishes to receive Certificates of Affordable Housing Credits so that the remainder of the credits may be available to mitigate for other affordable housing mitigation requirements. CHAPTER 26.540 Certificate of Affordable Housing Credit 26.540.050:Application All applications shall include the information required under Chapter 26.304,Common Development Review Procedures. In addition,all applications must also include the following information. A.The net livable square footage of each unit. According to Condominium Map of The Hunter Creek Condominiums, recorded at Book 12, Page 71 of the Pitkin County Recorders, Unit # 815 consists of approximately 953 SF of net livable area. The Pitkin County Assessor's Parcel Detail Sheet identifies 1,097 SF of heated area. A letter dated 26 March 2013 signed by Jim Pomeroy, City of Aspen, and Cindy Christensen, APCHA, states that 815 Vine Street, Hunter Creek Condominiums "meets off-site affordable housing mitigation requirements." The letter continues by stating that the unit "will satisfy the offsite requirement of 3.00 full-time employees (FTEs)." A copy of this letter has been made a part of this application. B.If applicable,the conditions under which reductions from net minimum livable square footage requirements are requested according to Aspen Pitkin County Housing Authority Guidelines. The Applicant requests that Affordable Housing Credits equal to 3.0 FTEs be generated by the buy-down and conversion of Unit # 815. APCHA Guidelines require that the minimum net livable for a three bedroom unit which would house 3.0 FTEs is 1,200 SF for a Category 4 Unit. APCHA has provided an initial review of the proposal to buy-down and convert the FTEs generated by Unit #3 to credits and stated that ""will satisfy the offsite requirement of 3.00 full-time employees (FTEs)." C.Proposed Category Designation of sale or rental restriction for each unit. Unit # 815 is proposed to be a Category 4 for sale unit. D.Proposed employees housed by the affordable housing units in increments of no less than one-one- hundredth(.01)according to Section 26.470.100.2-Employees Housed. 815 Vine Sheet,LLC Application for Certificate of Affordable Housing Credits 29 May 2013 Page 3 Pursuant to letter dated 26 March 2013 signed by Jim Pomeroy, City of Aspen, and Cindy Christensen, APCHA, states that 815 Vine Street, Hunter Creek Condominiums "will satisfy the offsite requirement of 3.00 full-time employees (FTEs)." 26.540.070:Review criteria for establishing an affordable housing credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met.The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s)comply with the review standards of Section 26.470.070.4(a-d). Unit # 815 complies with the review standards of Section 26.470.070.4(a-d). Please refer to the responses provided to this section above. B. The affordable housing unit(s)are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. Unit # 815 is an existing free market three bedroom unit which is not included as an obligation of a Development Order and is not required to mitigate the impacts of development. 815 Vine Street, LLC Application for Certificate of Affordable Housing Credits 29 May 2013 Page 4 2-0, >rS L LA ATTACHMENT 2—LAND USE APPLICATION 2 9 2013 PROJECT: t 1 l...i Name: Hunter Creek Condominium Unit# 815 ;,,.A ., I Location: 815 Vine Street,Aspen (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) 273707366074 APPLICANT: Name: 815 Vine Street, LLC Address: c/o Andrew V. Hecht, Es q., 601 East Hyman Avenue,Aspen, CO 81611 Phone : 970-925-1936 REPRESFINTATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N. Mill Street Phone : 970-925-2323 TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual:PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,I lallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: Certificate of Affordable ❑ Conditional Use Housing Credit EXISTING CONDITIONS: (description of existing,buildings,uses,previous approvals,etc.) Unit#815 is a free-market,three bedroom condominium located in the 800 Building of the Hunter Creek Condominiums. PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Applicant wishes to convert Unit#815 to a Category 4 deed restricted,for-sale unit. Applicant request approval to convert the 3.0 FTEs which have been identified by APCHA to Certificates of Affordable Housing Credit. Have you attached the following? FEES DUE:$ $1,950 © Pre-Application Conference Summary ❑X Attachment 41,Signed Fee Agreement ❑X Response to Attachment#3,Dimensional Requirements Form Q Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than $.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Hunter Creek Condominium Unit# 815 Applicant: 815 Vine Street, LLC Location: 815 Vine Street, Aspen Zone District: R/MFA Lot Size: Lot Area: (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,casements,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: 3 Proposed%of demolition(Historic properties only): DIMENSIONS: Floor Area: Existing: 1,097 SFAllowable: Proposed.• 1,097 SF Principal bldg. height: Existing: Allowable: -Proposed: Access. bldg. height: Existing: Afloiwible: Proposed.• -e& On-Site parking: Existing: Requh P1-oposed: %Site coverage: Existing:, Required.• Proposed: %Open Space: Existing: Required: Proposed._ Front Setback: Existing: Required.• Proposed. Rear Setback: Existing: Required: Proposed. Combined F/R. Existing: Required: Proposed: Side Setback: Existing: Require& Proposed.• Side Setback: Existing: Required: Proposed. Combined Sides: Existing: Require • Proposed.-_ Distance Between Existing Required., Proposed. Buildings Existing non-conformities or encroachments: Variations requested: Attachment 4 Legend f �J Greeniine 8040 f I 100 Year Flood Zone / Stream Margin Rut ay l�"���5 City of Aspen •,, �/'E�Unt 1 Addresses v Hunlar Craek ��...�''r �4%.+*41� #.10 � Airport Major Roads WNUams W! !T Roads Eagle and Garfield CO IF /" Roads f �t F-1 Edge of Pavement Aspen f . Edge of Pavement Pitkin / !"! Drives t i } 1��J7 Rlvers 8 Streams Subdivisions t ' t� ,,; j f. f (� Stnlctures Condos Parcels f_ 100 l j't. _1 AG? Lakes 3 Ponds Overlays city of Aspen Zoning AN C t C.1 cc CL MU C � s t if . P ' RlM1 FA' NC 4 sca no4zonod P 700, P a . rue RAIF 4 {� RNFA R•15 R,1SA RASB B R R4 ik s 55 j 44 kU C 1s i RR f `� SCI MINERS RAIL RD k l WP Wip—i,,d wti ArclhiS CWVe JC J IM3 2713ESRiirtct15 '° Subject Property- Unit# 15, Hunter Creek Condominiums 815 Vine Street, LLC Application for Certificate of Affordable Housing Credits Parcel Detail Page 1 of 2 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail ( Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2012 Mill Area Number Number Type 11 Levy 001 [7—i009927 j 273707366074 CONDO 32.325 Primary Owner Name and Address SHORE JILL PO BOX 8673 ASPEN, CO 81612 Additional Owner Detail Legal Description Subdivision: HUNTER CREEK Unit: 815 DESC: PHASE II Location Physical Address: 815 VINE ST ASPEN Subdivision: HUNTER CREEK Land Acres: Land Sq Ft: I 0 2013 Property Value Summary Actual Value Assessed Value http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R009927 10-May-13 ----. ...__ . _... _ _... - Attachment 5 815 Vine Street, LLC c/o Andrew V. Hecht, Esq. Garfield & Hecht,PC 601 East Hyman Avenue Aspen, CO 81611 8 May 2013 Jim Pomeroy City of Aspen Community Development Department - - - - - - - - 130 S.Galena Street,3rd Floor Aspen, CO 81611 RE: Owner's Authorization Dear Jim: This letter is to certify that I, Andrew V. Hecht, Managing Member of 815 Vine Street, LLC, which is the owner of unit #815 in the Hunter Creek Condominiums,Aspen, Colorado, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen regarding the conversion of unit#815 to a Category 4 deed restricted for-sale unit. 815 Vine, LLC has retained this firm to represent us in the application for this project. If you have any other questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc. 412 N Mill Street Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, Andrew V. Hecht, Esq. Managing Member 815 Vine Street, LLC 28.8 12.2 .6 21 Unit#815 Hunter Creek Condominiums 13.2 8.0 8.0 Note: Dimensions of Unit#815 t 12,8 obtained through review of Plat Book 12, Page 71, Pitkin County Clerk 24.2 and Recorder style:1"=10' Approximate Net Livable = 953 SF D n CD 815 Vine Street, LLC Application for Certificate of Affordable STAR CLAUSOO ASSOCIATES � "`�IaaCavw aiaNx[tvw•C1+aa NC nsaR iw;Cn Housing Credit For Planning Purposes Only,Not For Construction 17 May 2013 Attachment 7 �4Itkill eO Aspen/Pitkin County Housing Authority 2 G� City of Aspen/Pitkin County 530 E.Main St.,Lower Level Aspen,CO 81611 970.920.5050 ,{ Fax:970.920.5580 r� www.aspenhousingoffice.com 4sfn ho March 26,2013 Mr. Lex Tarumianz Pyramid Property Advisors,LLC 418 E. Cooper Avenue, Suite 207 Aspen, CO 81611 RE: 815 Vine Street, Hunter Creek Condominiums , Dear Lek: Per our discussion on March 15, 2013, the Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen Community Development Department (City) are providing this letter authorizing that 815 Vine Street, a three-bedroom condominium (CONDOMINUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE 11, according to the Condominium Map thereof recorded February 2, 1982 in Plat Book 12 at Page 71, and Supplements thereto, and according to the Condominium Declaration:recorded February 2, 1982 in Book 420 at Page 714, and amended by instruments recorded November 23, 1983 in Book 456 at Page 273, recorded March 29, 1984 in Book 463 at Page 758, and recorded July 26, 1984 in Book 470 at Page 738, County of Pitkin, State of Colorado), meets off-site affordable housing mitigation requirements. APCHA and the City understand that this property will be purchased in the'free market and will be converted to a deed restricted Category 4 unit. The unit will be sold by APCHA in the lottery system. This transaction will satisfy the off-site requirement of 3.00 full-time employees (FTE's). The applicant may use this transaction to satisfy a portion of their Employee Housing Mitigation requirements for the development at 625 Hyman, Lot 2 of the AAM Subdivision, as permitted in Ordinance No. 16(Series of 2010). Once APCHA records the deed restriction on the unit, the City will provide a letter stating that the off-site mitigation requirement has been satisfied. Thank you, -Jim Pomeroy Cindy L. ' ensen City of Aspen Aspen/PiMptounty Housing Authority f 130 S. Galena St.,Aspen, CO 81611 530 E.Main Street,Aspen,CO 81611 _ Attachment 8 CONDOMINIUM MAP OF T-H E HUNTER CREEK CONDOMINIUMS � t &PPLZOVAL OF BOARD OF COUNTY CAMMlSSIONERS OWNER'5 GCRTIFICATL VC�RIS THIS CONDOMI.N'UM MAP OF HUNTER CREEK CANDOMINIUMS IS ` - - —_ APPROVED BY THE SOARD r..COA"ISS1oNERS PtTK1N COUNTY, THE HOUSING AUTHORITY OF pITKIN COUNTY, COLORADO - ��^ __�.-_- ry =- --• _�.v_..__,,.._�. _ - COi01"z.AbO PURSUANT TO THAT CEYZTAIN SETTLEMENT QD riCRF9'-1�C TIr4 THAT IT 19�rriEOMVYJ`Or Tit A LI �tDIC'F,1EV f DEYEMGCK OF '171 RA I R'YLY Why WACC UNDER M�YB�,)F.R tMONh 7F FOUR• AGl2FLMENT VAT.b Mgn,G+-S 30 t93',. lFtl ([Ml INILA.4, AJJD T�IgT 1 1 - ONLH PA(K.CL9(X LAND'SITLi11U1 IN lEg NOKRiCA9f C�Iyy.E�irIC OF f}iE`tYJiF{WES( VATED THIS-_131-_____DAY OF_y�:Vi%Y___,1962. CONS-EN7 t9 fyfTL 1-R?PASS Ac,.LP/J2 TiTI:G 10�qID gqDF�ly 41}q[z, R.Oi- 'CTIaN 7 1CN"rly-IiP gYAlit1, Krl�°E OI,WFST OF TrtF blXiFi AND DZM CIONt NTPL/R° T EE Fl•RFb5E951T1EA INtil E". 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K .a A ND WA CLl{F yy1 7/ flfl®® �3.n / 3 � �3d 75'7 SecTION :17_) 2tO JYJ r? ! { LWllwl ftAYir:•U9CC+5 &C IAM XK Cl-! ClIIfHvVEbf CtkritX, PflKIN CCXYM I /f i. .. 111915 Or[YAI<IIVG•506"2108"C 8Li`N['.N US C t C'S ITdMIF3J.ATIUr. /• AA1V)N rAF+tNI(ry u)Gtr?IN FN A Jr.?+AL`PErI AZIMUTH NARK." fa errn l v.P). - t f f i °II'1-1f1E ff11(INTER CREEK CONDOMINIUMS SHEET I OF 3 ' - ALFIIy[5JR'2y7 - tg d n i T T 527 „� t .� � µ }L.w 1.�_..�,.__»_ � g r )i.,li t! ..�.t I•:- rr �.,.o.�.r-2,., Z lr' ASSSrt j f 9 - t "s n 'a A i f EE t i i I i� i i s p i 3 w i i E i a d I �.I .e. 3 a S 7, I 1 , s.. 4 � t. r ki fk .� Ulf Attachment 9 ALTA Commitment For Title Insurance vvr s,- r(-,-*cor-?, LANE) TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Kim Shultz - (kim @sopris.net) TJ Davis - (tjd @sopris.net) Joy Higens - (joy @sopris.net) Issued By WESTCOR LONG TirL-INSURANCE COMANY Home Office: 201 N.New York Avenue,Suite 200 Winter Park,FL 32789 Telephone(407)629-5842 WESTCOR LAND TI LE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company'),for a valuable consideration, hereby 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 covered hereby 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 Schedule 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 hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that w the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY � ax. /4" alp g W'es[cor Iesidont t f' Lsn`Titic s� Altest: Sett Ceti1T)'' Countersigned: Authorized Signature CO 1045 * * Pitkin County Title,Inc. 601 E.Hopkins#3 Aspen,CO 81611 CONDITIONS AND STIPULATIONS 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 acquires 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 or 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 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$2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://`m!ww.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 21, 2013 at 8:00 AM Case No. PCT23722W2 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$ 800,000.00 Premium$ 1,321.00 Proposed Insured: Rate: Re-Issue 815 VINE STREET LLC, A COLORADO LIMITED LIABILITY COMPANY (b)ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JILL SHORE W 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit"A" W PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Ton Free Provisions and Schedules ` A and B are attached. AUTHORIZED AGENT Countersigned: W EXHIBIT "A" LEGAL DESCRIPTION CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, Phase II according to the Condominium Map thereof recorded on February 2, 1982 in Plat Book 12 at Page 71, and as defined and described by the Condominium Declaration recorded in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983, in Book 456 at Page 273 and Second Amendment thereto recorded March 29, 1984 in Book 463 at Page 758, and Third Amendment thereto recorded July 26, 1984 in Book 470 at Page 738. SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from : JILL SHORE to the Public Trustee of the County of PITKIN for the use of : BANK OF AMERICA, N.A. original amount : $260,000.00 dated : JULY 28, 2009 recorded : AUGUST 3, 2009 reception no. : 561585 2. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Hunter Creek Condominiums certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 3. Copy of the Registration duly stamped by the Secretary of State of the State of Colorado evidencing "` registration of 815 Vine Street, LLC and Statement of Authority and a copy of the Operating Agreement of , 815 Vine Street, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 4. Duly executed and acknowledged Deed, From : JILL SHORE To : 815 VINE STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 5. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 6. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 1 SCHEDULE B SECTION 2 EXCEPTIONS 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct surrey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 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 Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 8. Right of way and easement as set forth in Deed to Rocky Mountain Natural Gas Company, Inc., recorded August 26, 1968 in Book 236 at Page 19. 9. Terms, conditions and obligations of Agreement by and between the Board of County Commissioners of the County of Pitkin and Top of Aspen, Inc., a Colorado corporation, dated May 13, 1971 and recorded May 27, 1971 in Book 255 at Page 540. 10. Easements for Perpetual and Non-Exclusive Trail Easement and right-of-way granted to the County of Pitkin in instruments recorded November 27, 1974 in Book 293 at Page 897 and March 28, 1975 in Book 297 at Page 4 61 . 11. Terms, conditions and obligations of Declaration of Easements as set forth in instruments recorded September 24, 1973 in Book 279 at Page 934 and May 27, 1975 in Book 299 at Page 103 and as shown on the Plat recorded in Plat Book 4 at Page 402. 12. Right of way Easement and the right to construct, maintain and remove such communication and other facilities as granted to the Mountain States Telephone and Telegraph Company as set forth in instrument recorded January 24, 1978 in Book 342 at Page 476. 13. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded January 9, 1979 in Book 361 at Page 310. 14. Terms, conditions and obligations of Settlement as set forth in instrument recorded March 30, 1981 in Book 406 at Page 294. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Board of County Commissioners of Pitkin County recorded January 12, 1982 in Book 419 at Page 771 as Resolution No. 82-3. 16. Cowenhaven Mining Transportation and Drainage Tunnel as set forth in Book 80 at Page 422; Book 80 at Page 580; Book 92 at Page 66 and Book 114 at Page 1; rights as granted to David R. C. Brown by instrument in Book 24 at Page 59; and rights as conveyed,to James A. Devereux by instrument recorded in Book 29 at Page 582. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS (Continued) 17. Reservations and exceptions as contained in Deed from John R. Williams to the cowenhoven Mining Transportation and Drainage Tunnel Company, a Colorado corporation, recorded December 9, 1895 in Book 115 at Page 572. 18. Easements and right of ways as shown on Condominium Map thereof recorded in Plat Book 9 at page 43, and in Plat book 12 at Page 71 . 19. Terms, conditions, provisions, obligations and all matters as set forth in the By-Laws of Hunter Creek Condominiums recorded March 26, 1982 in Book 424 at Page 147. 20. The matters set forth in the document entitled "Condominium Declaration for Hunter Creek Condominiums", which among other things contains or provides for: Certain easements; liens; assessments, and the subordination thereof; provisions relating to partitions; restrictions on severability of component parts; reservations of right to expand; right of First Refusal; and covenants, conditions, restrictions; and which provides that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value, the First Amendment thereto recorded November 23, 1983 in Book 456 at Page 273, and the Second Amendment thereto recorded March 29, 1984 in Book 463 at Page 758 and Third Amendment thereto ! ' recorded July 26, 1984 in Book 470 at Page 738 and the Hunter Creek Phase II Condominiums Remodel , Guidelines recorded April 26, 2002 as Reception No.453829 and Amended and Restated Declaration recorded October 21, 2009 as Reception No. 563787 and Amended and Restated Declaration for Phase II recorded August 5,2010 as Reception No. 572382. 21. Terms, conditions, provisions and obligations as contained in Declaration of Common Area Protective Covenants recorded November 23, 1983 in Book 456 at Page 130 and the First Amendment thereto recorded February 16, 1984 in Book 461 at Page 75 and Second Amendment thereto recorded February 22, 1984 in Book 461 at Page 469. 22. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Hunter Creek Commons Corporation, Inc. recorded October 3, 1983 in Book 458 at Page 786. 23. Terms, conditions, provisions and obligations as contained in By-Laws of Hunter Creek Commons Corporation, Inc., recorded February 15, 1984 in Book 461 at Page 82. 24. Terms, conditions, provisions and obligations as set forth in Bill of Sale by and between Pitkin County and Aspen Consolidated Sanitation District recorded March 19, 1992 in Book 670 at Page 178. 25. Terms, conditions, provisions and obligations as set forth in Sewer Easement recorded December 9, 1994 in Book 769 at Page 76. 26. Terms, conditions, provisions and obligations as set forth in Irrevocable Assignment of Assessment Proceeds and Lien Rights recorded February 16, 1996 in Book 774 at Page 439 and February 22, 1995 in Book 774 at Page 765. 27. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License Application recorded January 5, 2010 as Reception No. 565891 28. Terms, conditions, provisions of any agreement or any other circumstance allowing for anyone other than 815 Vine Street LLC, a Colorado limited liability company to remain in possession subsequent to date of policy. -ENDORSEMENT SCHEDULE FOR OWNERS-POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23722W2 SELLER: JILL SHORE BUYER: 815 VINE STREET LLC, A COLORADO LIMITED LIABILITY COMPANY The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: - - - - For a fee of: $ - - - - For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is$50.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event ,information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is$10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read:Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION ' AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: Wt (1)The Deed of Trust, if any, required under Schedule B-Section 1. (2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence(including a condominium or townhouse unit) (i)of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of " the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14(CRS 10-11-122) (a)The Subject Real Property may be located in a Special Taxing District; (b)A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of 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: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this ' Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a)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 owners' permission. NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company("WLTIC")values its customers and is committed to protecting the privacy of P ersonal information. In keeping with that philosophy,we have developed a Privacy Policy, set out below,that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered , We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally,this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected Ow In the normal course of business and to provide the necessary services to our customers,we may obtain nonpublic personal information directly from the customer,from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. ► Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform ' their jobs. These employees include,but are not limited to,those in departments such as legal,underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement.Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC,however, may share information as required by law in response to a subpoena,to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and , has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. AMERICAN LAND TITLE { ASSOCIeTION COMMITMENT 6-17-06 4 f�{ I { i WESTCOR j i LAID TITLE I INSURANCE COMPANY i COMMITMENT FOR TI'T':I,E INSURANCE I i i i i 1 { HOME OFFICE. (€� 201 N.New Y€xrkAvenu .Suite 200 _ Winter Park.Florida 32789 Telephone:(407)629-iS42 1 t f PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOORM ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ' ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC.; ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23722W2/815 VINE STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 1 1 � sy Peep tabets +� Bend along line to {. 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RESTAINO-BECKER TRUST 7/27/2007 RHINES MELISSA E RICHARDS RACHEL E 72 ALDER AVE PO BOX 10328 PO BOX 3393 SAN ANSELMO,CA 94960 ASPEN,CO 81.612 ASPEN,CO 81612 1w ok. o RICHMOND ILENE LIV TRUST RIDLiNG JERRY B&MURIEL M ROBERTS DENISE M rs 714 N ROXBURY DR 1110 STONYBROOK DR 536 VINE ST BEVERLY HILLS,CA 90210 NAPA,CA 94558 ASPEN, CO 81611 ROGERS MARY ELLEN&PETER S ROSELLE VERONICA ROSENFIELD ANITA 240 E 76TH ST #15M 295 WESTWOOD AVE#3 250 RAINTRAIL RD NEW YORK, NY 10021 LONG BRANCH, NJ 07740 SEDONA,AZ 86351 wo ROSIN RICHARD&DRITA ROSKIEWICZ MICHAEL&ANDREA ROTHCHILD JOHN H TRUST 50% ROTHCHILD SUSAN BERNS TRST 50% PO BOX 2416 538 VINE ST BIRMINGHAM, MI 48012 ASPEN,CO 81611 5 ISLAND AVE#113 MIAMI BEACH, FL 331391327 Ittlquettes fadles a peler it, A Repliez h la hachure afro de i to � www.avery.com Sens de = Utilisez le eabarit AVERY®51600 ! _� — reveler le rebord Pon.unTM ! 1-800-GO-AVERY 'asy Peel®Labels i ♦ Bend along line to Q AVERY 5160® ; ise AveryO Template 51600 'eed Paper �. expose Pop-up EdgeYm j ROUSE SUE RYAN KYM&PAT SANDERS RICHARD ALLEN TOP FLAT 29 MARLOES RD 624 VINE ST 2041 BROOK HIGHLAND RIDGE LONDON ASPEN,CO 81611 BIRMINGHAM,AL 35242 UNITED KINGDOM W86LG, SARNO JOHN J JR 2001 REV TRUST SBARBARO JAMES A SCHNEIDER SID 3 EUSTIS ST 20 NONA BROOKS CT UNIT H 40 SUNSET DR #10A STONEHAM, MA 02180 PUEBLO,CO 81005 BASALT, CO 81621 SEHNAL JENNIFER H SEUBERT KAREN A SHERIDAN MARY ELLEN PO BOX 909 738 VINE ST' 213 VINE ST kSPEN, CO 81612 ASPEN,CO 81611 ASPEN,CO 81611 3HERMAN YONEKO SUZUKI SHOSTAC DAVID SICKLER JENNIFER 1001 VINE ST SHOSTAC ALEXES 6642 RUTGERS fkSPEN, CO 81611 2509 AIKEN AVE HOUSTON,TX 77005 LOS ANGELES, CA 90052 31LVER JEROME D SINGER SHERI L SKADRON STEVEN J SLVER STEPHANIE 185 W LUPINE DR 1022 VINE ST 6835 FOX LAKE DR S ASPEN,CO 81611 ASPEN, CO 81611-3272 INDIANAPOLIS, IN 46278-1223 >KLAR STEVEN SMITH BETH A SMITH MICHAEL J 10 BOX 1934 PO BOX 1758 PO BOX 9792 ASPEN, CO 81612 ASPEN,CO 81612 ASPEN,CO 81612 SMITH NANCY ROSS SPECK KARIN C SPEER CHRISTINE REV TRUST ;15 J WILLRICH CIR PO BOX 9912 PO BOX 2734 :OREST HILL, MD 21050 ASPEN,CO 81612 BONITA SPRINGS, FL 34133 SPIEKERMANN MICHAEL STANLEY NANCY C STEADMAN PAMALA 558 30TH ST 8918 BURTON WY#4 PO BOX 10037 IIANHATTAN BEACH,CA 90266 BEVERLY HILLS,CA 90211 ASPEN,CO 81612 ,4TEPHENS RICHARD L STEPHENSON TERRY ANN STILES TROY 832 VINE ST 633 VINE ST 627 VINE ST ASPEN, CO 81611 ASPEN,CO 81611 ASPEN, CO 816113267 TINES STOWMAN L II STITT KENDRA LEIGH IRREV TRUST STRICKLAND W SCOTT 22 VINE ST 1450 SILVER KING DR PO BOX 2526 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN,CO 81612 Eticluettes faeiles a peter x A Repliez 6 la hachure afin de ©[( www.avery.com Sens de ,f__.._TM i , CAS e-'^ e.,eev Easy Peel'Labels i A Bend along line to I, n AVERY@ 51600 i Use AveryO Template 51600 j Feed Paper expose Pop-up EdgeTM SZORADI STEPHEN TALARICO MEGAN M TAYLOR LAURA J 1w 232 VINE ST 726 VINE ST 535 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN,CO 81611 .k THIEMER FRED TIDWELL JOAN TOBEL KEVIN W&MARY LYNN 1051 VINE ST 734 VINE ST 8085 LOCKLIN , ASPEN,CO 81611 ASPEN,CO 81611 COMMERCE TWSP,MI 48032 TOWNSEND R JAMES TRAN DANNY TRAN HONG HUONG 1112 VINE ST 0716 VINE ST 814 W BLEEKER ST#C1 ASPEN, CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 TULLMAN DEBORAH UKRAINE JOHN M VALLEY ORTHOPAEDIC ASSOCIATES 623 VINE ST 2 OLD PENZANCE RD 1450 E VALLEY RD#201 ASPEN,CO 81611 ROCKPORT, MA 019662243 BASALT,CO 81621 tll VAUGHAN PATRICK VERNIER WILLIAM J VINE STREET RENTALS LLC [ 908 VINE ST VERNIER GLADYS M 928 MAPLETON AVE ASPEN, CO 81611 2040 DAVIS ST BOULDER,CO 80304 eh WYANDOTTE, MI.48192-3537 WALKER ROBERT J WALLACH ANNE M WALLACH HOWARD B AND BETTY S PETRILLO ANDREW MICHAEL PO BOX 7932 2229 TROY,AVE t ASPEN, CO 81612 5190 UPPER CATTLE CREEK RD BROOKLYN, NY 11234 CARBONDALE,CO 81623 r re WALLE GABRIELE WARLOP ELIZABETH F WEIL JONAS PO BOX 1588 21 3RD ST 12826 WETHERSFIELD RD ASPEN, CO 81612 BROOKLYN, NY 11231-4805 SCOTTSDALE,AZ 85259 WEISS RONALD K&JODI L WENDLING NAN JEAN WENZEL KAREN M 3000 TOWN CENTER STE 540 124 VINE ST 1125 VINE ST SOUTHFIELD, MI 48075 ASPEN, CO 81611 ASPEN, CO 81611 e� WERTZ JEFFREY LARKIN WHIPPLE RALPH U &LYNNE C WHITE MATTHEW G&SARAH E 717 VINE ST 24 MIDDLE DR PO BOX 645 Ulf ASPEN, CO 81611 PLANDOME, NY 11030-1415 ASPEN, CO 81623 WHITING RYAN L WICHMANN VICTORIA WIENER WILLIAM B JR 521 VINE ST PO BOX 4388 333 TEXAS ST#2290 ASPEN, CO 81611 ASPEN, CO 81612 SHREVEPORT, LA 71101 Ltiquettes faciles a peler ; vuww.avery.com r Repltez 1a hachure afin de /ld f t"? 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The accuracy may change / 7 depending on the enlargement or reduction. 80, Copyright 2013 Aspen/Pitkin GIS • -- 5/9/201310:19:55 AM C:1 GISlt empt May13t 300ft_HunterCreekCondosUnit815.mzd t 501 _—' 110 -=—� 50 0R`. I O t 400 120 t �: • / , i 300-+ /J 3303131141413 -. ,.�'+. 705 S. 4141 700 •- �*� ♦.,` 200 A� H..tOr�Creek. o >a 2Q7--� � g5 101 ♦, � � SPRUEE•ST t -206` 517v6­ vc05 104 01 d� 101 j ♦��,. 100 427 103`; v ♦'�♦ '— 688 % 415 t6200 621, 2 101 4♦. , atu "__. "`t •♦. 400' 'QUO 2 f '` . �i+ '„.°'yw�,""°1 .�� ^°---� �♦• ' f � �'� � -- 2� J' S 00 x 317 �?, 2O /, r' — 30 �•,.w — — — x'315 ' 420 410 . 00 . (' _ a r i °.. L11�`�- 1300 2 �„• �° � , � 300 C © l ST / A.MS�WAYt 4O�VFp' 1400 600 1551155 f B+ R 0 10Q 700 to ' , 0 610 110 � 500 >, 20 165 1 Q00 t 0 �q�`CT t 155 2 0 5� ,{ 155 i t 900 t 600 2 w 400 yo m 155 i z z tiFRS TRAIL�� L--- p 55965 . 569 300 �. RACE'ST 560 fp 17 - 4 O 1552�i' S 562-t—','..._.,,.' 570 145 125 5 x 590' 1 5405 Jg' ! 548 46 200 WALNUT S 555 548 537 l 534 b NCT Q. GIBBON A ' '� 549 543 $ ; 536 528 541 535 N p t _ 100 SS .q sec S .RING. I '532 530 j -- a 0 O ti. T �u' 1 4�' .S '-655 i 529 51 oarin9F� 520 533 ( "� 100 z RECEIVED Attachment 11 MAY 2 9 2013 CITY OF ASPEN '.CJTY OF ASPEW PRE-APPLICATION CONFERENCE SUMMARY CMMMUNITY xmmw PLANNER: Jim Pomeroy 970.429.2745 jim.pomeroy@cityofaspen.com DATE: May 2, 2013 PROJECT: Hunter Creek Condominium Unit#815 REPRESENTATIVE: Lex Tarumianz 970-618-5648 DESCRIPTION: Background: The 800 building of the Hunter Creek Condominiums is a Multi- family complex with a mixture of free-market and affordable-housing units. Unit #815 is currently a free-market 3 bedroom condominium. The applicant proposes to purchase the unit, and then convert the unit to a Category 4 deed restricted for-sale unit. The unit will be sold by APCHA in the lottery system. This "buy-down' and reclassification as a category 4 housing unit has been initially reviewed by APCHA, and the conversion will allow the applicant to use this transaction to satisfy the requirements of 3.00 full-time employees(FTE's). REVIEW: According to Chapter 26.540, Certificates of Affordable Housing Credit, the Planning and Zoning Commission is the official body charged with approving Certificates of Affordable Housing. They will review. the application during a regularly scheduled public hearing. The procedure for creating a certificate is described in Section 26.540.060, Procedures for establishing an affordable housing credit, and the review will be based on the criteria established in 26.540.070, Review criteria for establishing an affordable housing credit. The buy-down purchase and the conversion to Certificates of Affordable Housing must be done by an entity that is not required to mitigate for affordable housing. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.070.4 GMQS - Affordable Housing 26.540 Certificate of Affordable Housing Credit A copy of the Land Use Code is available at: http•//www aspenpitkin com/Departments/Community-Development/Planning-and-Zoninp/Title-26-Land-Usg- Code/ A copy of the Land Use Application is available at: http//www aspenpitkin com/Portals/0/docs/City/Comdey/Apps%20and%2OFees/2013%201and%20use%20app %20form.pdf Review by: • Staff for complete application • APCHA for referral comments • Planning and Zoning Commission review of creation of Affordable Housing Certificates Public Hearing: Yes P&Z. Referral Agencies: Yes Aspen/Pitkin County Housing Authority Planning Fees: $975 Minor application, 3 hours of staff time (additional staff time required is billed at $325 per hour) Referral Agency Fees: $975 Aspen/Pitkin County Housing Authority, flat fee Total Deposit: $1,950 To apply, submit the following information: 1. Total deposit for review of the application. 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 stating 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 and unit proposed for the"buy-down", 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. 6. A written description of the proposal and an explanation in written, and/or graphic form of how the proposed development complies with the review standards relevant to the development application. 7. An 8 1/2"by 11"vicinity map locating the parcel within the City of Aspen. 8. 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 9. Copies of prior approvals. 10. Applications shall be provided in paper format(number of copies noted above) as well as the text and images on a CD. 11. 10 Copies of the complete application packet and maps. 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. ?akin �0 Aspen/Pitkin County Housing Authority 2 G City of Aspen/Pitkin County 530 E.Main St.,Lower Level Aspen,CO 81611 970.920.5050 Fax:970.920.5580 y0 �� www.aspenhousingoffice.com [�s­n , o March 26, 2013 Mr. Lex Tarumianz Pyramid Property Advisors, LLC 418 E. Cooper Avenue, Suite 207 Aspen, CO 81611 RE: 815 Vine Street,Hunter Creek Condominiums Dear Lex: Per our discussion on March 15, 2013, the Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen Community Development Department (City) are providing this letter authorizing that 815 Vine Street, a three-bedroom condominium (CONDOMINUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE 11, according to the Condominium Map thereof recorded February 2, 1982 in Plat Book 12 at Page 71, and Supplements thereto, and according to the Condominium Declaration recorded February 2, 1982 in Book 420 at Page 714, and amended by instruments recorded November 23, 1983 in Book 456 at Page 273, recorded March 29, 1984 in Book 463 at Page 758, and recorded July 26, 1984 in Book 470 at Page 738, County of Pitkin, State of Colorado), meets off-site affordable housing mitigation requirements. APCHA and the City understand that this property will be purchased in the free market and will be converted to a deed restricted Category 4 unit. The unit will be sold by APCHA in the lottery system. This transaction will satisfy the off-site requirement of 3.00 full-time employees (FTE's). The applicant may use this transaction to satisfy a portion of their Employee Housing Mitigation requirements for the development at 625 Hyman, Lot 2 of the AAM Subdivision, as permitted in Ordinance No. 16 (Series of 2010). Once APCHA records the deed restriction on the unit, the City will provide a letter stating that the off-site mitigation requirement has been satisfied. Thank you, Jim Pomeroy Cindy L. CrWensen City of Aspen Aspen/PitkkwCounty Housing Authority 130 S. Galena St., Aspen, CO 81611 530 E. Main Street, Aspen, CO 81611