HomeMy WebLinkAboutLand Use Case.HP.223 E Hallam St.0024.2012.AHPC THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0024.2012.AHPC
PARCEL ID NUMBERS 2737 07316003
PROJECTS ADDRESS 223 E HALLAM STR
PLANNER SARA ADAMS
CASE DESCRIPTION MINOR HPC DEVELOPMENT
REPRESENTATIVE DEREK SKALKO
DATE OF FINAL ACTION 11/23/2012
CLOSED BY ANGELA SCOREY ON: 11/11/13
MEMORANDUM
TO: Land Use File 0024.2012.AHPC
FROM: Sara Adams, Senior Planner
RE: Notice of HPC approval of Demolition and Minor Development :
233 E. Hallam Ave., HPC Resolution#29, Series of 2012
During the regular Council meeting on January 14, 2013, City Council did NOT call up HPC
Resolution 29, Series of 2012.
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Sara Adams, Senior Planner
THRU: Chris Bendon, Community Development Director&61
RE: Notice of HPC approval of partial Demolition and Minor
Development: 223 E. Hallam Avenue, HPC Resolution #29, Series of
2012
MEETING DATE: January 14, 2013
BACKGROUND:
On November 14, 2012, the Historic Preservation Commission (HPC) approved partial
Demolition and Minor Development Review for a project at 223 E. Hallam Ave. located in the
West End across from the Red Brick Arts Center. The Applicant requested removal of a non-
historic 1967 addition to the historic Victorian residence on the side and restoration.
ACTION TAKEN BY HPC:
HPC granted approval to remove the non-historic addition after reviewing historic drawings and
maps to confirm that the addition was insignificant and met the guidelines for demolition. HPC
approved the restoration of the side fayade where the addition is to be removed. HPC Staff
supported the project and recommended approval with conditions.
HPC approved the reviews with conditions by a vote of 5:0. A copy of the approved project is
attached as Exhibit A. A copy of the HPC Resolution and Minutes are attached as Exhibits B
and C, respectively.
PROCESS:
For this application, City Council may vote to Call Up the project at their January 14, 2013
meeting. If City Council decides to exercise the Call Up provision, it will be placed on the
January 28, 2013 City Council regular agenda for discussion. If City Council does not exercise
the Call Up provision, the HPC Resolution shall stand, and the applicant will move forward with
an application for a building permit. This application is not subject to future land use review. If
you have any questions about the project, please contact the staff planner, Sara Adams, 429-2778
or sara.adams @cityofaspen.com
RECOMMENDATION:
Staff finds that the HPC applied the review criteria in accordance with the Land Use Code and
the Historic Preservation program and recommends that City Council accept the decision and not
call up the project.
ATTACHMENTS:
Exhibit A: Approved Plans
Exhibit B: HPC Resolution 29, Series 2012
Exhibit C: HPC draft minutes
A *
PO BOX 7928
Aspen,CO 81612-7928 f r •
Phone:970.309.0695
E-mail/Web:derek(a)lfriday.com/www.lfriday.com ' '
To: Ms.Amy Guthrie; Director From: Derek Skalko, Principal
The Aspen Historic Preservation Commission 1 Friday Design Collaborative
E-mail: Amy.Guthrie @ci.aspen.co.us Date: June 28th,2012/Revised July 19'h,2012
Phone: 970.429.2758 Pages: 5
Re: 223 East Hallam Street—Explanation for CC: File
Partial Demolition/Subdivision Lot Split
223 East Hallam Residence
Request for Dining Addition Removal—Victorian/Subdivision Lot Split—Lots C&D/E&F
Dear Amy&Members of the Aspen Historic Preservation Commission,
We are approaching the commission on behalf of Mr. David Fleisher& Mrs. Gina Berko and 223 Elm
LLC, care of Mr. Howie Mallory & Mrs. Nora Berko, managers and property owners of the 223 East
Hallam Street Residence, a 12,000 sq ft property located in the West End District of Aspen. The
property is legally defined as Lots C, D, E & F, Block 72 within the Townsite of Aspen and is, by
definition, a legally conforming lot according to land use code. The site contains two detached
residential structures in addition to a non-habitable garage. The main Victorian residence initially dates
to the 1890's time period to which one, with the possibility of two, major time period additions were
added prior to the final additions planned in 1967. The first addition likely dates from between the late
1890's-early 1900's to 1925 with the most recent additions dating to construction occurring in or after
1967 per the architectural plans. The existing studio located on the property was also constructed in or
after 1967. The garage located behind the Victorian structure dates between 1925 and 1957. Clerk
and recording information places the studio construction and most recent additions to the Victorian at
1970.
Packet Submission:
The 24 x 36"drawing packet included for your review of 223 East Hallam includes the following:
Initial Sheet: Existing Site Survey with vicinity map, noted structures, topography, and all existing
property and easement setback conditions as recorded per Aspen Survey Engineers, Inc.
Sheet A1-1: A historical breakdown of the building timeline history as understood to the best of our
research via existing records and personal accounts. Additionally, an existing site general locate plan
is provided as with Zoning and FAR site specific information for 223 East Hallam.
Sheet Al-2: Existing site plan of 223 East Hallam with roof depictions of existing structures.
Sheet A1-3: Proposed site plan of 223 East Hallam with roof depictions of proposed alteration to
Victorian residence.
Sheet Al-4: Existing plans and FAR calculations of the residential studio. (NO CHANGES)
Sheet Al-5: Existing elevations of the residential studio.(NO CHANGES)
Sheet Al-6: Existing and proposed plans and FAR calculations of the lower level Victorian.
Sheet Al-7: Existing and proposed plans and FAR calculations of the main level Victorian.
Sheet Al-8: Existing and proposed plans and FAR calculations of the upper level Victorian.
Sheet A1-9: Existing and proposed roof plans of the Victorian. Garage plan and FAR information
provided additionally. (NO CHANGES TO GARAGE)
Sheet A-10: Existing and proposed north elevations(Hallam)of main Victorian.
Sheet A-11: Existing and proposed west elevations(side)of main Victorian.
Sheet A-12: Existing and proposed south elevations(alley)of main Victorian.
Sheet A21: Original Architectural Planning Information of Existing Additions Proposed — October 31,
1967.
Proposed Project Overview&Variance Requests sought regarding 223 East Hallam Residence:
We are requesting to remove approximately 227 square feet from the existing Victorian residence
currently situated across Lots D, E, & F of the four lot parcel. The existing dining area of the main
Victorian, which was one of the two additions to the residence occurring in or after 1967, currently
extends into lot D by approximately 8'-3". We are proposing to eliminate the addition as developed per
the 1967 plans and restore the bay wall as it historically existed prior to the addition,which would place
the Victorian within Lots E&F of the parcel in its entirety.
The intended purpose for requesting removal the home's dining addition is to allow for two 6,000
square foot independent parcels to be created without any possible complications and encumbrance
that may prove detrimental in the future should the residence be left unaddressed and in its existing
location. The current 12,000 square foot size of the property enables the existing parcel to be split
equally to create two conforming 6,000 square foot parcels in accordance with the standard R-6 zoning
of the neighborhood and per Aspen Land Use Code, Section 26.480.030 A2. We are utilizing the
process of a Subdivision Lot Split with the intention of creating two 60'wide by 100'deep parcels. Lots
C&D, Block 72 are intended to comprise one parcel,with Lots E&F, Block 72 comprising the other.
In regards to variances, we are not requesting to alter any areas beyond the dining room mass of the
Victorian, which, upon removal, would be in compliance of a west 5' side yard setback should our
partial request for demolition be granted. In regards to existing non-conformities upon the parcel,
currently, the Victorian is non-compliant regarding its south front yard setback (2' Existing — 10'
Required) and east side yard setback (12'-10" Existing— 15' Required). This would be improved in a
lot split scenario with the east side yard turning compliant(5' Required). The front yard non-conformity
would remain as it exists. The studio residence is currently 6-2"from its west side property, with 15'
being required. A lot split would eliminate this non-conformity. The garage's existing east side is 1'-6"
from the property, with 15' being the required side yard. Although a lot split would reduce this non-
conformity,the building will still be T-6"into the east side yard setback.
Residential Design Standards&compliance I applicability towards 223 East Hallam:
The partial demolition of the dining area does not positively or adversely alter or affect any aspects of
the residential design standards. Conditions are to remain"as is"in relation to this subject matter when
discussing Aspen Land Use Code,Chapter 26.410.
Request for Partial Demolition / Restoration of the Dining Room Addition Area — Victorian
Residence:
The intention of the existing parcel is to create two 6,000 square foot lots legally defined as such. We
are seeking the removal of the 227 square foot dining area specifically to eliminate any possibility of
encumbrance in the future potential rights of the created parcels.
Per Aspen Land Use Code, Section 26.415.080, we do believe our request for the partial
demolition of the secondary addition to the Victorian is warranted per the following requirement,
which at least one characteristic must be met. Demolition shall be approved if it is demonstrated
that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner/applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in
Aspen or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance
The proposed 1967 addition provides no historical benefit to the greater whole of the existing Victorian
residence, nor is it feasible or even possible to attempt to relocate the existing home in its entirety due
to the existing limitations of the building's footprint. We are seeking the removal of the dining room area
and propose to return the affected area to its original 1890's condition to eliminate any possible
encumbrance to the created parcels a lot split may present in the future.
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic
district in which it is located and
b. The loss of the building, structure or object would not adversely affect the
integrity of the historic district or its historic, architectural or aesthetic
relationship to adjacent designated properties and
c. Demolition of the structure will be inconsequential to the historic preservation
needs of the area.
We believe our request for partial demolition of the dining protrusion does meet all additional criterion
as described per the Aspen Land Use Code, Section 26.415.080. For reasons already stated, we do
not believe the building's said addition contributes to the historical time period of significance specific to
the main historical Victorian aspect of the property. We believe the removal of the said addition will, in
fact, begin to enhance the historic amenity of the property and improve the overall land use nature of
the area by eliminating the potential creation of an encroachment into the neighboring west side
property.
All will be presented to further assist in demonstrating our partial demolition request upon our hearing.
In closing, we would simply like to express our sincere gratitude in considering our request regarding
223 East Hallam Street. We look forward to presenting and discussing this matter with you further.
Supplemental graphic information is provided on the pages following for additional description and
clarification purposes.
Thank you very much,
Derek Skalko
Principal, 1 Friday Design Collaborative
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PO BOX 7928
Aspen,CO 81612-7928 1 f r i •
Phone:970.309.0695
E-mail/Web:derek(c Ifriday.com/www.lfriday.com ' e s '
• I I a •
To: Ms. Sara Adams,AICP; Senior Planner From: Derek Skalko, Principal
The City of Aspen 1 Friday Design Collaborative
E-mail: [Sara.Adams @ci.aspen.co.us] Date: July 31St,2012
Phone: 970.429.2778 Pages: 2
Re: 223 East Hallam Street—Materials CC: File
Description—Request for Information
223 East Hallam Residence
Request for Information: Materials Description for Proposed Wall Remodel
Dear Sara&Members of the Aspen Historic Preservation Commission,
Per your addendum request for information regarding the proposed materials to be utilized towards the
restoration of the east Victorian bay wall area, please find attached a brief outline pertaining to the
matter. We anticipate utilizing a "match existing conditions" approach for the area due to the minimal
amount of impact we will likely experience to the existing structure.
Foundation (D) : We intend to fully inspect the ability and condition of the original painted sandstone or
Colorado Buff stone foundation and utilize this if possible. If this cannot be achieved, the foundation is
anticipated to be a comprised of an 8" concrete block foundation to match the remaining existing
conditions found consistently around the home on all additions post 1925.
Walls(A) /Windows: (C) :
Bay walls are comprised of roughly 50% painted wood siding and 50% wooden fixed and operable
windows. It is our intention to simply "match existing construction and detailing conditions" found
consistent with the existing historic structure. The wooden siding is to be a painted 5" horizontally
applied traditional lap siding detail with a traditional vertically applied 1 x 6" painted wooden trim
surround on comer edging and windows per existing conditions. If it is possible to retain and re-use the
existing wooden windows in their height and respective locations within the wall,we anticipate to do so.
Should conditions for this proposal turn adverse,A painted wooden window substitute to comparative in
scale operability, and detailing will be utilized from a modern provider. Loewen Windows and Doors is
the likely anticipated provider should this be necessary.
Wall/Roof Overhang Awning(24"Band) (B) :
The proposed upper awning "band" is intended to be clad with a traditional asphalt shingle consistent
with the historical detailing found throughout the residence. The intended colour of the shingles area
will match existing conditions.
We look forward to presenting and discussing this matter with you further. Supplemental graphic
information is provided on the page following for additional description and clarification purposes.
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Thank you very much,
err a�L,`
Derek Skalko
Principal, 1 Friday Design Collaborative
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EXHIBIT B
Notice of Call Up
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING MINOR DEVELOPMENT AND PARTIAL DEMOLITION OF THE
PROPERTY LOCATED AT 223 EAST HALLAM AVENUE, LEGALLY DESCRIBED
AS LOTS C, D, E AND F, BLOCK 72, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION # 29, SERIES OF 2012
PARCEL ID: 2737-073-16-003
WHEREAS, the applicant,-Gina Berko-25%,-David Fleisher 25%, and 223- ELM-LLC 50%0,
represented by Derek Skalko of 1 Friday Design Collaborative, submitted an application
requesting Minor Development review and Partial Demolition of the property located at 223 East
Hallam Avenue, legally described as Lots C, D, E and F, Block 72, City and Townsite of Aspen,
Colorado; and
WHEREAS, 223 East Hallam Avenue is included in AspenVictorian and listed on the Aspen
Inventory of Historic Landmark Sites and Structures; and
WHEREAS, 223 East Hallam Avenue is located in the R-6 zone district; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on November 14, 2012 the Historic Preservation
Commission opened a duly noticed public hearing, took public comment, considered the
application, the staff memo, staff recommendation, and public comments, and found that the
application for Minor Development and Demolition met the review standards with conditions
and the "City of Aspen Historic Preservation Design Guidelines," by a vote of five to zero (5-0).
NOW, THEREFORE, BE IT RESOLVED:
That 14PC hereby grants Minor Development and Demolition approvals with conditions-for the
property located at 223 East Hallam Avenue, Lots C, D, E and F Block 72, City and Townsite of
Aspen, Colorado with the following conditions:
1. Partial demolition of the west elevation of the Victorian residence as represented in the
application is approved.
2. The west elevation shall be restored using the 1967 plans included in the application.
3. The horizontal wood siding shall match the existing profile.
4. The existing wood windows shall be reused in the restoration of the west elevation as
presented in the application.
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#29, Series of 2012
Page 1 of 3
EXHIBIT B
Notice of Call Up
5. Asphalt shingles are approved for the roof of the west elevation. The shingles shall match
the existing roof on the Victorian. A material sample shall be reviewed and approved by
Staff and Monitor.
6. The foundation shall be sandstone to match existing condition. A material sample shall
be reviewed and approved by Staff and Monitor.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
8. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 223 East Hallam
Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen, County of
Pitkin, State of Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
[see following page for signatures]
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#29, Series of 2012
Page 2 of 3
EXHIBIT B
Notice of Call Up
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of November,
2012.
Ann Mullins, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#29, Series of 2012
Page 3 of 3
ASPEN HISTORIC PRESERVATION COMMISION
MINUTES OF NOVEMBER 14, 2012
Chairperson, Ann Mullins called the meeting to order at 5:00 p.m.
Commissioners in attendance: Jay Maytin,Willis Pember, Jane Hills and
Sallie Golden. Jamie McLeod, Nora Berko and Patrick Sagal were absent.
Staff present:
Jim True, City Attorney
Amy Guthrie, Historic Preservation Officer
Kathy Strickland, Chief Deputy City Clerk
Sara Adams, Senior Planner
Motion: Jane moved to approve the minutes of October 10th and 24th;
second by Willis. Motion carried 4-0.
Jay was seated at 5:30 p.m.
Disclosure — 223 E. Hallam. Jane disclosed that Nora's son in law works for
her.
Jim True said Nora's son in law works for Jane Hills firm and has no
investment in the property at 223 E. Hallam. That property is owned by
Nora and her Sister and Jeffrey has no financial interest in the property.
Under our ethics rules this is not a conflict.
420 E. man — City Council Remand, Conceptual Majo evelopment
and Conceptual Commercial Design Rev' w
Jim True said the idavit of posting was in order a the applicant can
proceed. Exhibit I
Sara said council decided t all up this co eptual approval. Council had
concerns with condition #5 re rding a review of mass and scale with
materials shall occur at final HP e w. There are problems with leaving
mass and scale to final because th re other reviews that need to happen
before it gets back to the board r fina Hopefully we can come to an
agreement on mass and scal o that they go to growth management and
subdivision knowing w2ere t'`size the box is goi to be. The height has been
lowered to 38 feet and is a 15 foot setback r the third floor. The
packet information ects the height change and ack that were
conditions. HPC oncern was how the materials affec ass and scale
because they e proposing largely a glass building and h does the glass
1
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF NOVEMBER 14, 2012
Sara s 'd the elks lodge sent a letter asking that the view plane of Aspen
Mountai be protected, Exhibit II . Sara said the building i of in the
adopted vi w plane.
Chairperson, A n Mullins closed the public comment ortion of the agenda
item.
Jane said the city is grading the transformers ' the core and how would
that be an issue with y� r building and the uti ties?
Charles said they met with e city on par ng and trash and they said our
proposal is acceptable.
s
Willis asked about the soffit and orn' e. Charles said the soffit is wood and
the cornice would be metal.
Ann and Jane agreed that there esn' eed to be another step back in the
alley.
Jane said for safety issues s e kind of cano over the walkway would be
acceptable.
Willis said he appreciat s the renderings and the att pt to address the
reflectiveness of the terials. The wood on the back f the balcony and
second floor are app priate and a good contrast. The in s and scale in the
alley is OK. On t cornice as a suggestion make sure it d sn't look like
stone and restudy he mullions on the third floor for final.
Sallie said she as no problem with the height. Sallie said she lik the
walkway wi out a canopy or glass canopy.
MOTIO . Ann moved to approve resolution #28 which approves mas and
scale, a omitting condition #5; second by Willis. All in favor, motion
carried -0.
223 E. Hallam — Minor review and partial demolition
Jay was seated.
Affidavit of posting— Exhibit I
3
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF NOVEMBER 14, 2012
Jim said one of the owner's son in law works for Jane Hills. Under our code
that is not a conflict that would require recusal.
Jane said she would like to stay for the meeting.
Sara said this is for minor development and partial demolition of 223 E.
Hallam. The property is located on a 12,000 square foot lot and there are a
few structures on it now. There is a two story 1893 Victorian that has two
residential units in it. There is a one story residence that was built in the
1960's and an out building along the alley that was used for storage. The
subject of tonight's minor development and partial demolition is the two
story Victorian. There is a non-historic addition that was added in 1967 and
that is being requested to be removed. In the future the applicant is
interested in pursuing a subdivision and the newly created property line
would go right through the addition. To be pro active they are requesting
demolition approval. The minor development portion of the application is to
restore the wall and how they restore the wall once they tear off the 1967
addition. Staff is supportive of the project with conditions. Staff also finds
that the demolition criteria are met. The addition does not have historic
significance to the property. This will be a good restoration effort. The only
condition is for the foundation that needs to occur once they take the
addition off. We would like them to use sandstone to match the existing
rather than concrete block.
Derek Skalko, architect
Derek said the property at 223 E. Hallam is a 12,000 square foot parcel
essentially right across from the Red Brick. We are not touching anything
on the property except the 1967 east side addition to the Victorian itself. We
have two owning families of this property and simply we are basically
easing the way into a subdivision process so we don't have any contentions
down the road. Essentially there would be two 6,000 square foot lots. There
is a bump out on the house and we would like to restore it back to its original
condition between 1957 and 1967. The foundation is intact and when the
extension comes off there is a sandstone base that is existing.
Chairperson, Ann Mullins opened the public hearing. There were no public
comments. The public comment portion of the agenda item was closed.
4
ASPEN HISTORIC PRESERVATION COMMIN�1I0N
MINUTES OF NOVEMBER 14, 2012
Sara clarified that HPC will be able to give a recommendation to city council
over the two lots.
MOTION: Jay moved to approve resolution #29 second by Ann. All in
favor, motion carried.
Jay and Sallie will be the monitors.
MOTION: Ann moved to adjourn; second by Jay. All in favor, motion
carried.
Meeting adjourned at 6:30 p.m.
Kathleen J. Strickland, Chief Deputy City Clerk
5
EXHIBITS'
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE Cii,
ADDRESS OF PROPERTY: �22 3 r`� ,Aspen,CO
SCHEDULED PUBLIC HEARING DATE: _ ° � i �Jcvo" ,20� i 2
L4--f7H
STATE OF COLORADO )
ss.
County of Pitkin )
1, (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:
n 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.
1� 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 in a conspicuous place on
the subject property at least fifte n(15) days prior to the public hearing and was
continuously visible from the day of C1�7� , 200_[Z , 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, and, 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 any federal agency, state, county, municipal
government, school, service district or other governmental or quasi-governmental
agency that owns property within three hundred(300) feet of the property subject
to the development application. The names and addresses of property owners
shall be those on the current tax records of Pitkin County as they appeared no
more than sixty(60) days prior to the date of the public hearing. A copy of the
owners and governmental agencies so noticed is attached hereto.
(continued on next page)
�WA 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 has been available for public
inspection in the planning agency during all business hours for fifteen(15) days
prior to the public hearing on such amendments.
4 e2L
Sig ture
The foregprng "Affidavit of Notice"was acknowledged before me this day
Of pci (�y�' , 2012 by-t kc,
PATRICK S. RAWLEY WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
STATE OF COLORADO My commission expires:
NOTARY ID#19994012259
My Commission Expires July 26,2016
r
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: 223 EAST HALLAM AVENUE,MINOR DEVELOPMENT REVIEW AND PARTIAL
DEMOLITION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,November 14,
2012, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission,
Council Chambers Meeting Room, City Hall, 130 S. Galena St.,Aspen,to consider an application
submitted by David Fleischer and Gina.Berko and 223 Elm LLC, c/o Howie Mallory and Nora
Berko,the owners of 223 East Hallam Avenue,represented by Derek Skalko of 1 Friday Design
Collaborative. The applicant requests Minor Development review and partial demolition to remove
and restore a non-historic addition on the west elevation of the Victorian residence on the property.
The property is legally described as Lots C, D, E and F of Block 72, City and Townsite of
Aspen, Colorado and more commonly known as 223 East Hallam Avenue, Aspen, Colorado,
81611. For further information,contact Sara Adams at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970)429.2778, sara.adams @ci.aspen.co.us.
s/Ann Mullins, Chair
Aspen Historic Preservation Commission
Published in the Aspen Times on October 25,2012
City of Aspen Account
tt �- t� ,A�✓l W141 L �
114EA�T RLEEKER STREET ASSOC 202 ASPEN LLC 225 NORTH MILL ST LLC
COMMON AREA 2950 E BROAD ST 2ND FL 225 N MILL ST
114 E BLEEKER ST COLUMBUS,OH 43209 ASPEN, CO 81611
ASPEN, CO 81611
AMATO JOSEPH A ASPEN COMMUNITY UNITED CHALAL JOSEPH B
PO BOX 503 METHODIST CHURCH 31 ANNA ST
HIGHLAND MILLS, NY 10930 200 E BLEEKER ST OCEAN RIDGE, FL 33435
ASPEN, CO 81611
CITY OF ASPEN CJB REALTY INVESTORS LLC DOMINGUE FAMILY TRUST
ATTN FINANCE DEPT 6544 WENONGA CIR 600 SEMINOLE DR
130 S GALENA ST MISSION HILLS, KS 66208 WINTER PARK, FL 32789
ASPEN, CO 81611
GARRETT GULCH EQUITY VENTURE LLC GETTMAN ROSA H TRUST GSW FAMILY INV LP
2950 E BROAD ST 325 S FOREST PO BOX 2038
COLUMBUS,OH 43209 DENVER, CO 80246 WHEELING,WV 26003
HAYES MARY E&JAMES L FAM LP LLLP HODES ALAN&DEBORAH HODGSON PHILIP R 50% u
209 E BLEEKER ST 114 N ASPEN ST. HODGSON PATRICIA H TRUST 50%
ASPEN, CO 81611 ASPEN, CO 81611 212 N MONARCH ST
ASPEN, CO 81611
HOGUET CONDO ASSOC HOGUET CONSTANCE M JEROME PROPERTY LLC
COMMON AREA 333 E 68TH ST 540 W MADISON ST
118 E BLEEKER ST NEW YORK, NY 10065 CHICAGO, IL 60661
ASPEN, CO 81611
JOHNSON RICHARD&MONTAE IMBT KRIBS KAREN REV LIV TRUST LE VOTAUX it CONDO ASSOC
6820 BRADBURY PO BOX 9994 COMMON AREA
117 N MONARCH ST
DALLAS,TX 75230 ASPEN, CO 81612
ASPEN, CO 81611
LIGHT HOLDINGS LLLP MADDEN WALTER ROSS 42.5% MATTINGLY MARK&ALIXE
801 BASELINE RD 218 N MONARCH ST 929 CAMINO VIEJO
BOULDER,CO 80302 ASPEN, CO 81611 SANTA BARBARA, CA 93108
MYRIN CUTHBERT L JR 57.5% PARZYBOK WILLIAM G JR TRUSTEE PENN PAUL E&SUSAN W
PO BOX 12365 3860 FOXCHASE WAY 3830 E 79TH ST
ASPEN, CO 81612 COLORADO SPRINGS, CO 809086901 INDIANAPOLIS, IN 46260-3457
PUPPY SMITH LLC RANDALL MIDDLETON/HALLAM LP SADLER QUAL PERS RES TRUST#5 50%
205 S MILL ST SUITE 301A FIVE POST OAK PARK#2580 8536 N GOLF DR
ASPEN, CO 81611 4400 POST OAK PKWY PARADISE VALLEY,AZ 85253
HOUSTON,TX 77027
SE�UIN WILLIAM L&MARILYN SEMRAU FAMILY LLC SUTTON KERMIT S&JENNY W
PO BOX 4274 300 S SPRING ST#203 715 TENTH ST SOUTH
ASPEN, CO 81612 ASPEN, CO 816112806 NAPLES, FL 34102
US POSTAL SERVICE WATERS DANIEL E WHITMAN RANDALL A
WESTERN REGION C/O BOSTOCK VICTORIA C 4845 HAMMOCK LAKE DR
SAN BRUNO, CA 94099 8 COPPER BEECH RD CORAL GABLES, FL 33156
GREENWICH,CT 068304034
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PUBLIC NOTICE = 1 1
Date: =. '14 2012
Time: ^
Place:+ s ---
o�errsm�CdiNae -- .
Purpose:
we o asked b rgnew-8 request*K- ! _
parkoi !dsrror�hsb!!o.— t.' -
aadgm.rd�nndres�t Wdpe
.,W ellr~of d,e Vi-pnan_----
mden Derek Ralko of VOW
Coea6orakue repesents ownege_--
Ovid F*iWw 8 Gm Beft,and
Eke LLC,do Ham Mallory 6 Nora
Berko,P 0.80 7928.Aspen,_Co.
-
Forfia9,er mkxmalion coma-AsL=.
R811"!r5_-Dept at 9700.920•s09o.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
t'l 23 cL. t^,p�� •,� ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
201..
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print)
being or representing an Applicant to the City 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:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice,which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the_day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26304.060(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 (3 00) 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 hewing. A
copy of the 0Wners and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 2(®day
Of (2k6c'ef , 201 2, by ,Q2-trt7eja
RE PUBLICNOTI f WITNESS MY HAND AND OFFICIAL SEAL
DfVEL 223EAST�—E
NEMOL/T/ON ENT RE IEW AND uE
NOTICEISHf PART AL
will be held on Wed GIVEN chat a My commission expires:
a meeting to be erdnmsday November blic hearing
berrsorrc Preservation Coop P'm'before the 2012,at
Meeting Roo remission Council Aspen
Aspen to consider sera Hall, 130 _
David Fleischer lde Pp!cation sub alena S /
223 Easfe Mallory and Berko and the Elm d Cy Notary Public
Skalko Hallam Nora Berko,the
can
of 1 Friday Avenue represent by ers Derek oi
foal demo)t'otn toI remove r 9elopm.n,nir eview heaPPIi
addition on the o S elevation and
scrrti a on the Property t p of the anon-histoa as L Townsife of Ass C,D E and F r Perty is an resi-
known ed
Adam8122PEiu herOrm Ave^tl m As com°"��
ment at the City of nformation Pa^ Colo-
Department ASPan Communcontact Sara
970 42g•2778 s raced mSa/ens SL s°�em�o- ATTACHMENTS AS APPLICABLE:
A$�rrnMu//ins as n.c0.us.
Pen Historic Preservation Co IE PUBLICATION
Published 02 "The gspenTimmstyekly�nOctobmr �H OF THE POSTED NOTICE (SIGN)
(8579413]
-— [E OWNERS AND GOVERNMENT AGENGIES NOTIED
BY Mrs,..
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
�► 4
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Sara Adams, Senior Planner
RE: 223 E. Hallam Avenue- Minor Development and Partial Demolition
DATE: November 14, 2012
SUMMARY: 223 East Hallam Avenue is located across from the Red Brick Arts Center in the
West End neighborhood. The entire 12,000 square foot parcel is.a designated historic landmark
containing three structures: an 1893 two story Victorian residence with two residential units, a
1964 (according to the assessor's records) one story
residence, and a one story outbuilding used for
storage. Over time numerous additions have been
made to the Victorian. While the entire property is
designated historic, the 1964 studio is not included
as a contributing resource but is eligible for
voluntary inclusion in AspenModern.
The applicant is interested in pursuing a subdivision
application to divide the 12,000 square feet lot into
two 6,000 square feet lots. In order to meet the
minimum lot size of 6,000 square feet in the R-6
zone district, a 1967 addition to the 1893 Victorian Image 1: 1893 Victorian. Arrow points to the 1967
needs to be removed to avoid the building sitting addition proposed for demolition.
over the newly established lot line. The subdivision review is conducted by Planning and Zoning
Commission and City Council.
Partial demolition of the 1967 addition on the west elevation of the Victorian and restoration is
requested of HPC.
Staff finds that the review criteria are met and recommends approval with conditions.
APPLICANT: Gina Berko 25%, David Fleisher 25%, and 223 ELM LLC 50%, represented by
Derek Skalko of 1 Friday Design Collaborative.
PARCEL ID: 2737-073-16-003
ADDRESS: 223 East Hallam Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen,
County of Pitkin, State of Colorado.
ZONE DISTRICT: R-6, Medium-Density Residential Zone District.
1 223 E.Hallam Ave.
HPC Minor Development/Demolition Staff Memo
11/14/2012
o �
DEMOLITION
Demolition shall be approved if it is demonstrated that the application meets any one of the
following criteria:
a. The property has been determined by the city to be an imminent hazard to public
safety and the owner/applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
C. The structure cannot practically be moved to another appropriate location in
Aspen, or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance, and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the
significance of the parcel or historic district in +�
which it is located, and ...ti..a�raaaaa �w
b. The loss of the building, structure or object
would not adversely affect the integrity of the 2K -
historic district or its historic, architectural or
aesthetic relationship to adjacent designated
properties and EU
C. Demolition of the structure will be
inconsequential to the historic preservation c D F f 6 rr
needs of the area.
Staff Response: The applicant proposes to remove a 1967
addition to the west elevation of the historic Victorian. The
two images to the right show the 1904 Sanborne map (top)
and an aerial photograph of the property(bottom). —
The yellow arrow points to the 1967 addition. As
evidenced by the 1904 plan, there have been many
alterations to the building. In Staff's opinion, the
addition alters the original footprint of the historic
building and does not have any historic or architectural
significance to the property. Demolition of the 1967
addition brings the residence closer to its original
configuration. Staff finds that criterion d in the first section
above is met. Staff finds that all of criteria a—c in the second
section above are met and commends approval of partial Images 2 and 3: 1904 Sanborn map(top)of
demolition. subject property and 2012 aerial photograph of
subject property(bottom)
2 223 E.Hallam Ave.
HPC Minor Development/Demolition Staff Memo
11/14/2012
MINOR DEVELOPMENT
The procedure for a Minor Development Review is as follows Staff reviews the submittal
materials and prepares a report that analyzes the project's conformance with the design
guidelines and other applicable Land Use Code Sections. This report is transmitted to the
HPC with relevant information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the recommendation. The
HPC will review the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen Historic Preservation
Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue
the application to obtain additional information necessary to make a decision to approve or
deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and
the Community Development Director shall issue a Development Order. The HPC decision
shall be final unless appealed by the applicant or a landowner within three hundred(300)feet
of the subject property in accordance with the procedures set forth in Chapter 26.316.
The applicant proposes to restore the west elevation after the 1967 addition is removed. The
plans from 1967 are included in the application packet as sheet A-2.01, which shows an outline
the original configuration of the west wall to accurately guide the restoration.
6.4 Repair or replacement of missing or deteriorated features should be based on original
designs.
❑ The design should be substantiated by physical or pictorial evidence to avoid creating a
misrepresentation of the building's heritage.
❑ When reconstruction of an element is impossible because there is no historical evidence,
develop a compatible new design that is a simplified interpretation of the original, and
maintains similar scale, proportion and material.
10.1 Preserve an older addition that has achieved historic significance in its own right.
❑ Such an addition is usually similar in character to the original building in terms of materials,
finishes and design.
10.2 A more recent addition that is not historically significant may be removed.
Siding: Horizontal wood siding with profile to match existing is proposed.
Staff Response: Staff finds that guideline 2.7 below is met.
2.7 Match the original material in composition, scale and finish when replacing materials
on primary surfaces.
❑ If the original material is wood clapboard, for example, then the replacement material must
be wood as well. It should match the original in size, the amount of exposed lap and finish.
❑ Replace only the amount required. If a few boards are damaged beyond repair, then only
those should be replaced, not the entire wall.
Windows: The applicant proposes to reuse the existing wooden windows in the same
configuration as existing.
3 223 E.Hallam Ave.
HPC Minor Development/Demolition Staff Memo
11/14/2012
Staff Response: Staff is supportive of the effort to reuse the existing wooden windows, which
were probably the original windows prior to the 1967 addition.
Roof. The roof overhang above the windows is proposed to match the asphalt shingles and
detailing of the existing residence.
Staff Response: Staff is supportive of asphalt shingles and finds that guideline 7.9 below is met.
7.9 New or replacement roof materials should convey a scale, color and texture similar to
those used traditionally.
❑ Replacement materials should be similar to those used historically on comparably styled
buildings.
❑ If a substitute is used, such as composition shingle, the roof material should be earth tone and
have a matte, non-reflective finish.
❑ Flashing should be in scale with the roof material.
❑ If copper flashing is to be used, it should be treated to establish a matte, non-reflective finish.
Foundation: The applicant proposes to utilize the existing sandstone foundation of the pre-1925
sections of the residence. If this is not possible, the applicant proposes an 8" concrete block to
match the sections of the residence added post- 1925.
Staff Response: Staff is supportive of the proposal to use a sandstone foundation to match the
existing historic residence. Using the existing sandstone is the primary option, however
replacement sandstone that matches the existing is preferred as a second option if the existing
material is unusable. Staff does not support using concrete block for the foundation. In Staff s
opinion restoring the west wall to its original appearance includes the foundation material.
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends that HPC grant Minor Development approval for
the property located at 223 E. Hallam Avenue, with the following conditions:
1. Partial demolition of the west elevation of the Victorian residence as represented in the
application is approved.
2. The west elevation shall be restored using the 1967 plans included in the application.
3. The horizontal wood siding shall match the existing profile.
4. The existing wood windows shall be reused in the restoration of the west elevation as
presented in the application.
4 223 E. Hallam Ave.
HPC Minor Development/Demolition Staff Memo
11/14/2012
5. Asphalt shingles are approved for the roof of the west elevation. The shingles shall match
the existing roof on the Victorian. A material sample shall be reviewed and approved by
Staff and Monitor.
6. The foundation shall be sandstone to match existing condition. A material sample shall
be reviewed and approved by Staff and Monitor.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
8. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 223 East Hallam
Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen, County of
Pitkin, State of Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
Exhibits:
Resolution# , Series of 2012
A. Application
5 223 E.Hallam Ave.
HPC Minor Development/Demolition Staff Memo
11/14/2012
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING MINOR DEVELOPMENT AND PARTIAL DEMOLITION OF THE
PROPERTY LOCATED AT 223 EAST HALLAM AVENUE, LEGALLY DESCRIBED
AS LOTS C, D, E AND F, BLOCK 72, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION # , SERIES OF 2012
PARCEL ID: 2737-073-16-003
WHEREAS, the applicant, Gina Berko 25%, David Fleisher 25%, and 223 ELM LLC 50%,
represented by Derek Skalko of 1 Friday Design Collaborative, submitted an application
requesting Minor Development review and Partial Demolition of the property located at 223 East
Hallam Avenue, legally described as Lots C, D, E and F, Block 72, City and Townsite of Aspen,
Colorado; and
WHEREAS, 223 East Hallam Avenue is included in AspenVictorian and listed on the Aspen
Inventory of Historic Landmark Sites and Structures; and
WHEREAS, 223 East Hallam Avenue is located in the R-6 zone district; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on November 14, 2012 the Historic Preservation
Commission opened a duly noticed public hearing, took public comment, considered the
application, the staff memo, staff recommendation, and public comments, and found that the
application for Minor Development and Demolition met the review standards with conditions
and the "City of Aspen Historic Preservation Design Guidelines," by a vote of_to
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants Minor Development and Demolition approvals with conditions for the
property located at 223 East Hallam Avenue, Lots C, D, E and F Block 72, City and Townsite of
Aspen, Colorado with the following conditions:
1. Partial demolition of the west elevation of the Victorian residence as represented in the
application is approved.
2. The west elevation shall be restored using the 1967 plans included in the application.
3. The horizontal wood siding shall match the existing profile.
4. The existing wood windows shall be reused in the restoration of the west elevation as
presented in the application.
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#_, Series of 2012
Page 1 of 3
5. Asphalt shingles are approved for the roof of the west elevation. The shingles shall match
the existing roof on the Victorian. A material sample shall be reviewed and approved by
Staff and Monitor.
6. The foundation shall be sandstone to match existing condition. A material sample shall
be reviewed and approved by Staff and Monitor.
7. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
8. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 223 East Hallam
Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen, County of
Pitkin, State of Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval,
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
[see following page for signatures]
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#_, Series of 2012
Page 2 of 3
APPROVED BY THE COMMISSION at its regular meeting on the 141h day of November,
2012.
Ann Mullins, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
223 E. Hallam Avenue—Minor Development and Demolition
HPC Resolution#_, Series of 2012
Page 3 of 3
PO BOX 7928
Aspen,CO 81612-7928
Phone:970.309.0695
E-mail/Web:derekCaWriday.com/www1friday.com
. .
To: Ms. Sara Adams,AICP;Senior Planner From: Derek Skalko, Principal
The City of Aspen 1 Friday Design Collaborative
E-mail: [Sara.Adams @ci.aspen.co.us] Date: July 31St,2012
Phone: 970.429.2778 Pages: 2
Re: 223 East Hallam Street—Materials CC: File
f i F- V E D
Description—Request for Information I IJ I 3 1 7 012
CITY OF ASPEN
223 East Hallam Residence COMMUNITY DEVELOWENT
Request for Information: Materials Description for Proposed Wall Remodel
Dear Sara&Members of the Aspen Historic Preservation Commission,
Per your addendum request for information regarding the proposed materials to be utilized towards the
restoration of the east Victorian bay wall area, please find attached a brief outline pertaining to the
matter. We anticipate utilizing a "match existing conditions" approach for the area due to the minimal
amount of impact we will likely experience to the existing structure.
Foundation (D) : We intend to fully inspect the ability and condition of the original painted sandstone or
Colorado Buff stone foundation and utilize this if possible. If this cannot be achieved, the foundation is
anticipated to be a comprised of an 8" concrete block foundation to match the remaining existing
conditions found consistently around the home on all additions post 1925.
Walls(A) /Windows: (C):
Bay walls are comprised of roughly 50% painted wood siding and 50% wooden fixed and operable
windows. It is our intention to simply "match existing construction and detailing conditions" found
consistent with the existing historic structure. The wooden siding is to be a painted 5 horizontally
applied traditional lap siding detail with a traditional vertically applied 1 x 6" painted wooden trim
surround on comer edging and windows per existing conditions. If it is possible to retain and re-use the
existing wooden windows in their height and respective locations within the wall,we anticipate to do so.
Should conditions for this proposal turn adverse,A painted wooden window substitute to comparative in
scale operability, and detailing will be utilized from a modern provider. Loewen Windows and Doors is
the likely anticipated provider should this be necessary.
Wall/Roof Overhang Awning(24"Band)(13):
The proposed upper awning "band" is intended to be clad with a traditional asphalt shingle consistent
with the historical detailing found throughout the residence. The intended colour of the shingles area
will match existing conditions.
We look forward to presenting and discussing this matter with you further. Supplemental graphic
information is provided on the page following for additional description and clarification purposes.
--—
1`Existin�c West Ele_Kation_223 East Hallam Residence
.... a
- ---- _... _
- - - - -- _o
—_..
l�2
FL op West Elevation-223 East Hallam Residence ----- ----------=
3CPt 'f.<- _�___�____
Thank you very much,
Derek Skalko
Principal, 1 Friday Design Collaborative
PO BOX 7928
Aspen,CO 81612-7928
Phone:970.309.0695
E-mail/Web:derek aWriday.com/www.1friday.com
. .
To: Ms.Amy Guthrie; Director From: Derek Skalko, Principal
The Aspen Historic Preservation Commission 1 Friday Design Collaborative
E-mail: Amy.Guthrie @ci.aspen.co.us Date: June 28t",2012/Revised July 19t",2012
Phone: 970.429.2758 Pages: 5
Re: 223 East Hallam Street—Explanation for CC: File
Partial Demolition/Subdivision Lot Split
223 East Hallam Residence
Request for Dining Addition Removal—Victorian/Subdivision Lot Split—Lots C&D/E&F
Dear Amy&Members of the Aspen Historic Preservation Commission,
We are approaching the commission on behalf of Mr. David Fleisher& Mrs. Gina Berko and 223 Elm
LLC, care of Mr. Howie Mallory & Mrs. Nora Berko, managers and property owners of the 223 East
Hallam Street Residence, a 12,000 sq ft property located in the West End District of Aspen. The
property is legally defined as Lots C, D, E & F, Block 72 within the Townsite of Aspen and is, by
definition, a legally conforming lot according to land use code. The site contains two detached
residential structures in addition to a non-habitable garage. The main Victorian residence initially dates
to the 1890's time period to which one, with the possibility of two, major time period additions were
added prior to the final additions planned in 1967. The first addition likely dates from between the late
1890's-early 1900's to 1925 with the most recent additions dating to construction occurring in or after
1967 per the architectural plans. The existing studio located on the property was also constructed in or
after 1967. The garage located behind the Victorian structure dates between 1925 and 1957. Clerk
and recording information places the studio construction and most recent additions to the Victorian at
1970.
Packet Submission:
The 24 x 36"drawing packet included for your review of 223 East Hallam includes the following:
Initial Sheet: Existing Site Survey with vicinity map, noted structures, topography, and all existing
property and easement setback conditions as recorded per Aspen Survey Engineers, Inc.
Sheet A1-1: A historical breakdown of the building timeline history as understood to the best of our
research via existing records and personal accounts. Additionally, an existing site general locate plan
is provided as with Zoning and FAR site specific information for 223 East Hallam.
Sheet Al-2: Existing site plan of 223 East Hallam with roof depictions of existing structures.
Sheet A1-3: Proposed site plan of 223 East Hallam with roof depictions of proposed alteration to
Victorian residence.
Sheet Al-4: Existing plans and FAR calculations of the residential studio. (NO CHANGES)
Sheet Al-5: Existing elevations of the residential studio. (NO CHANGES)
Sheet A1-6: Existing and proposed plans and FAR calculations of the lower level Victorian.
Sheet Al-7: Existing and proposed plans and FAR calculations of the main level Victorian.
Sheet Al-8: Existing and proposed plans and FAR calculations of the upper level Victorian.
Sheet A1-9: Existing and proposed roof plans of the Victorian. Garage plan and FAR information
provided additionally. (NO CHANGES TO GARAGE)
Sheet A-10: Existing and proposed north elevations(Hallam)of main Victorian.
Sheet A-11: Existing and proposed west elevations(side)of main Victorian.
Sheet A-12: Existing and proposed south elevations(alley)of main Victorian.
Sheet A21: Original Architectural Planning Information of Existing Additions Proposed — October 31,
1967.
Proposed Project Overview&Variance Requests sought regarding 223 East Hallam Residence:
We are requesting to remove approximately 227 square feet from the existing Victorian residence
currently situated across Lots D, E, & F of the four lot parcel. The existing dining area of the main
Victorian, which was one of the two additions to the residence occurring in or after 1967, currently
extends into lot D by approximately 8'-3". We are proposing to eliminate the addition as developed per
the 1967 plans and restore the bay wall as it historically existed prior to the addition,which would place
the Victorian within Lots E&F of the parcel in its entirety.
The intended purpose for requesting removal the home's dining addition is to allow for two 6,000
square foot independent parcels to be created without any possible complications and encumbrance
that may prove detrimental in the future should the residence be left unaddressed and in its existing
location. The current 12,000 square foot size of the property enables the existing parcel to be split
equally to create two conforming 6,000 square foot parcels in accordance with the standard R-6 zoning
of the neighborhood and per Aspen Land Use Code, Section 26.480.030 A2. We are utilizing the
process of a Subdivision Lot Split with the intention of creating two 60'wide by 100'deep parcels. Lots
C&D, Block 72 are intended to comprise one parcel,with Lots E&F, Block 72 comprising the other.
In regards to variances, we are not requesting to alter any areas beyond the dining room mass of the
Victorian, which, upon removal, would be in compliance of a west 5' side yard setback should our
partial request for demolition be granted. In regards to existing non-conformities upon the parcel,
currently, the Victorian is non-compliant regarding its south front yard setback (2' Existing — 10'
Required) and east side yard setback (12'-10" Existing— 15' Required). This would be improved in a
lot split scenario with the east side yard turning compliant(5' Required). The front yard non-conformity
would remain as it exists. The studio residence is currently 6-2"from its west side property, with 15'
being required. A lot split would eliminate this non-conformity. The garage's existing east side is 1'-6"
from the property, with 15' being the required side yard. Although a lot split would reduce this non-
conformity,the building will still be T-6"into the east side yard setback.
Residential Design Standards&compliance/applicability towards 223 East Hallam:
The partial demolition of the dining area does not positively or adversely alter or affect any aspects of
the residential design standards. Conditions are to remain"as is"in relation to this subject matter when
discussing Aspen Land Use Code,Chapter 26.410.
Request for Partial Demolition / Restoration of the Dining Room Addition Area — Victorian
Residence:
The intention of the existing parcel is to create two 6,000 square foot lots legally defined as such. We
are seeking the removal of the 227 square foot dining area specifically to eliminate any possibility of
encumbrance in the future potential rights of the created parcels.
Per Aspen Land Use Code, Section 26.415.080, we do believe our request for the partial
demolition of the secondary addition to the Victorian is warranted per the following requirement,
which at least one characteristic must be met. Demolition shall be approved if it is demonstrated
that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner/applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in
Aspen or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance
The proposed 1967 addition provides no historical benefit to the greater whole of the existing Victorian
residence, nor is it feasible or even possible to attempt to relocate the existing home in its entirety due
to the existing limitations of the building's footprint. We are seeking the removal of the dining room area
and propose to return the affected area to its original 1890's condition to eliminate any possible
encumbrance to the created parcels a lot split may present in the future.
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic
district in which it is located and
b. The loss of the building,structure or object would not adversely affect the
integrity of the historic district or its historic, architectural or aesthetic
relationship to adjacent designated properties and
c. Demolition of the structure will be inconsequential to the historic preservation
needs of the area.
We believe our request for partial demolition of the dining protrusion does meet all additional criterion
as described per the Aspen Land Use Code, Section 26.415.080. For reasons already stated, we do
not believe the building's said addition contributes to the historical time period of significance specific to
the main historical Victorian aspect of the property. We believe the removal of the said addition will, in
fact, begin to enhance the historic amenity of the property and improve the overall land use nature of
the area by eliminating the potential creation of an encroachment into the neighboring west side
property.
All will be presented to further assist in demonstrating our partial demolition request upon our hearing.
In closing, we would simply like to express our sincere gratitude in considering our request regarding
223 East Hallam Street. We look forward to presenting and discussing this matter with you further.
Supplemental graphic information is provided on the pages following for additional description and
clarification purposes.
Thank you very much,
Derek Skalko
Principal, 1 Friday Design Collaborative
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Sanborn Information for 223 East Hallam Residence—1898
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: X23 H,4A_LAiM t RR._4cAZI0X3
Applicant: Z3 }.aA�s.Avvl c7utNErN(p R�P� DEa��K ` tK�
Location: 2213 f F�-F l A(LAY l 1 u1T5 c',t2,F_' I P - gUOCG ?Z
Zone District: I;-:, - C;'
Lot Size: 12-C3 '' '_0 I rC X I O-e',) ' I-A-=�
Lot Area: _ 12, cr4-'o C JF=�G:r i D-TA t_
(for the purposes of calculating Floor Area,Lot Area may be reduced for areas
within the high water mark,easements,and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Wes• Proposed: NSA _
(Z r3 �) Number of residential units: Existing.- 3 Proposed: 3 +
Number of bedrooms: Existing: C; Proposed:
Proposed%of demolition(Historic properties only): �Z� hc� °� 3Z.S
('e't 2 ('V d cTmZ2 AN
DIMENSIONS: � T�Y Iog6 STtr�io
1096
5 0
AQ Floor Area: Existing: L(6�o5Allowable: y t Z60 Proposed.• 3Y
Principal bldg. height: Existing:Z y r v4 e Allowable: �2S / Proposed: W
Access. bldg.height: Existing: iG`- Allowable: 25 Proposed: W 1A
On-Site parking: Existing: Required: Proposed: '�
% Site coverage: Existing: . Required.• 3o io Proposed. 2`�•�4
%Open Space: Existing: Required: N/,� Proposed:
i \
�AU.4 01 Front Setback: Existing: uired: ( 0 Proposed:
Rear Setback: Existing: 3�i Required: to oposed: IA (5A1111)
Combined F/R: Existing: N/A Required: N/A Proposed: 1.1/A•
_ odv5� 12"-16 � / N/P f-'E2 ��� L-1-rr
Side Setback: Existing:&aR-I'-6`�Required: S Proposed. S/ w�� t..c4 -5 1-r
5ro�io �/ / N/A P � L.
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r / N7A f�Fit 1c?C�'TNL-+ i�3"1'•'
Combined Sides: Existing: -7- Required: �7 Proposed: I5 Lar S,'A-'T"
s / 2 r
Distance Between Existing I S Required: � Proposed.• I
Buildings -,��TLPO 1w1'-r6QJPN -"C__-TCrQ"UU
Existing non-conformities or.encroachments: 6 1-2// FWOY'l tA� -
t;Mx FY1Um Ak i_r-2t �'i d:r✓i W„) l6 tlK'A G>= 1 '-G hi m ('IS M 110 �
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Variations requested:
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✓�i-77ES
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: August 6, 2012
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0023.2012.AHPC — Minor HPC and Subdivision. The
planner assigned to this case is Sara Adams.
X Your Land Use Application FOR SUBDIVISION REVIEW is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Lot Split/Subdivision Application:
1. Please address the review criteria listed in Section 26.480.030.
2. Please address the review criteria listed in Section 26.480.050.
3. Please submit a preliminary draft plat showing the proposed lots. The preliminary
draft plat shall include an easement allowing for the continued maintenance of the
Victorian so long as it encroaches onto the west parcel.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings for subdivision review 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.
X Your Land Use Application FOR MINOR DEVELOPMENT AT HPC 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 429-2778 if you have any
questions.
T '
Sara Adams, Senior Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No—x— Subdivision(creating more than 1 additional lot)_x
GMQS Allotments Residential_x Affordable Housing
Yes No—x— Commercial E.P.F.
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: July 27, 2012
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0023.2012.AHPC — Minor HPC and Subdivision. The
planner assigned to this case is Sara Adams.
X Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
HPC Minor Development Application:
1. Please submit proposed materials for the restored section of the Victorian.
Lot Split/Subdivision Application:
1. Please address the review criteria listed in Section 26.480.030.
2. Please address the review criteria listed in Section 26.480.050.
3. Please submit a preliminary draft plat showing the proposed lots. The preliminary
draft plat shall include an easement allowing for the continued maintenance of the
Victorian so long as it encroaches onto the west parcel.
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 429-2778 if you have any
questions.
Tha You,
Sara Adams, Senior Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes No- Subdivision(creating more than 1 additional lot)
GMQS Allotm n Residential X Affordable Housing
Yes Noy Commercial E.P.F.
0
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a! Routing Status !Fees Fee Summary Main Actions Attachments Routing History Valuation ArchjEng Custom Fields Sub Permits
ahpc . Aspen Historic Land Use emit# 0024.2012.AHPC
223 E HALLAM ST f Suite
Gky ASPEPJ State CO Zip 81611
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Permit Information
Jz' Master permit Routing queue aslu07 Applied 7 4!2012
n !,
Project Status pending Approved
c
Description APPLICATION FOR MINOR HPC DEVELOPMENT-227 PARTIAL DEMOLITION- Issued
— SUBDIVISION LOT SPLIT WITH HISTORIC VIEW-PLUBLIC HEARING AND CITY
COUNCIL REVIEW ClosedjFinal C�
Submitted DEREK SKALKO 309 0695 Clock Running Days C Expires 7r79f2013
Submitted via
Owner
Last name BERKG First name FERENC&MIRTE Fl�80l.,3611 y.
ASPEN CC,81612
Phone O Address
Applicant
1' F Owner is applicant? 0 Contractor is applicant?
I' Last name BERKO First name FERENC 8 MIRTE PO BOX 360
J ASPEN CO 81612
Phone ( Cust# 25077 Address
Lender
Last name First name
Phone ( ) Address
l(
Displays the permit lender's address :b ' ' As enGold5 server an etas,.. 1 of 1. .-'
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JUL 2 3 2012
CITY OF ASPEN ` l g 7zS P E �
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie,429-2758 DATE:4119/2012(revised 5/24/2012)
PROJECT: 223 E.Hallam Street,Lot Split
REPRESENTATIVE: Derek Skalko,309-0695
DESCRIPTION: The potential applicant would like to subdivide 223 E. Hallam into two fee simple lots of equal size.
The property is located within the R-6 zone district and is a 12,000 square foot lot that was designated a historic
landmark through Ordinance#4,Series of 1982.
The new property line may cut through the existing location of the Victorian house. The applicant will first approach the
Historic Preservation Commission to receive approval for relocation of the Victorian onto the proposed new lot. The
Victorian does not need to actually be moved until the time of any proposed major development of either property. The
lot split plat shall include an easement allowing for the continued maintenance of the Victorian so long as it encroaches
onto the west parcel.
Each of the new lots will be required to comply with the R-6 zone district, or receive variances from the Historic
Preservation Commission. Maximum development as a result of a lot split is a duplex on one parcel and a single family
house on the other. Only one FAR bonus is available for the two lots, the distribution of which could be addressed
through the lot split,although HPC must determine if the bonus criteria are met.
If the structure on the west lot were to be voluntarily identified as a historic resource through AspenModem, a 500
square foot FAR bonus could become available for each parcel.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.415 Historic Preservation
26.480.030.A.2 Lot Split
26.480.040.6 Procedures for Review
26.480.050 Review Standards
26.480.060.13 Application
26.575 Miscellaneous Supplemental Regulations
26.580 Engineering Department Regulations
26.710.1 Medium Density Residential(R-6)Zone District
Review by: Staff for complete application
HPC regarding re-location of Victorian
Council for Subdivision review
Public Hearing: At HPC and at City Council Second Reading
Planning Fees: $3,150 deposit for 10 hours of staff time(additional staff time required is billed at$315 per hour)
Referral Fees: Engineering $265/hour(billed hourly), Parks$945 flat fee.
Total Deposit: $4,360.
Total Number of Application Copies: 8 for HPC and 10 for Council
4
i !
To apply,submit the following information:
1. Total Deposit for review of application.
2. Applicants name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant
3. Street address and legal description of the parcel on which development is proposed to occur,consisting of a
current certificate from a title insurance company,or attorney licensed to practice in the State of Colorado, listing the names
of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the
parcel, and demonstrating the owner's right to apply for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement
6. Pre-application Conference Summary.
7. An 8112"x 11"vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Draft subdivision plat(and a digital PDF if available).
10. All other materials required pursuant to the specific submittal requirements.
11. Applications shall be provided in paper format(number of copies noted above).
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
CONINIt Nun, 1 i
1 41 "
Agreement to Pay Application Fees
Anagreement between the City of Aspen "Cit and 0;.,Ot'F_3d — 17 a-
Property CbiN^ r3r--VKO 2-;G /TPOW9 F �srl� Y,Phone No.: (-17o ) 307 w 06'15 5~C-D
25'
Owner("I°): �Lm ZZ 3 &L(:� S6 �a Email: C 1 Fie I D4Y. CO-M
Address of ;223 T5.A'5T_ "AC-LAM Billing Address: .6 T:�: X
Property: (send bills yys(r__ (Lp Z
(subject of /� r CO �G I z here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$ 945 flat fee for Parks $ flat fee for
$ flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is
not possible at this time to know the full extent or total costs involved in processing the application. I understand that
additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to
complete processing, review, and presentation of sufficient information to enable legally required findings to be made for
project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned
to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of
presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree
to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit
does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial
deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at
the hourly rates hereinafter stated.
$3,150 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount
will be billed at$315 per hour.
$265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at
$265 per hour.
City of Aspen: Property Owner.
61tiA 13G7QKO 2S
223 ec-M L(-C — So
Chris Bendon
Community Development Director Name: � `
Title:
City Use:
A11
Fees Due:$_$4,360 _ Received:$
y 4
IV ED
J ul__ 0 �b,
CITE` OF ASPEN
ATTACHMENT 2-LAND USE APPLICATION ICWM�N"!'s �=_�VFLO MEW
PROJECT:
Name: X2.3 E-7�1 {- ALOV-n AY2PL<A 11U&3
Location: -2-23 `FEA-67 PA- A V`I ASREQ
indicate street address,lot&block number,legal description where appropriate)
Parcel ID#(REQUIRED) Z-7 -70-7 -
APPLICANT:
Name: 2��' t=AS`� }.}AL(�V✓1 C/p T��=i'�� -r��C�C� ( BEY e��S
Address: � 3 ► .u�.f/✓l
Phone#: -70 G9 51 pep
REPRESENTATIVE:
Name:
Address: f
Phone#: f`1�6 __30`-T
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,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ® Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.
1�I-!`i 1KI& WES' `i-0--190 ZC�IO Xi5`TIN �Jf�'T07274�
LO/ rA0CnFCr_- P151C)OC 4 KZ5JQ 4(57VRIC NVAJ {4�_mv
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
1cSr��1 -('M t Y`�IO1� 2Z-7 -'Sa �-' C)vf 1 q6-7 t7i KAZ
Have you attached the following? FEES DUE:$ =-�j px�.0 1 L n
® Pre-Application Conference Summary
® Attachment#1,Signed Fee Agreement
® Response to Attachment#3,Dimensional Requirements Form LOT '_'L.(T-
Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
D- - - - - - - - - - - -
ATTACHMENT 2-Historic Preservation Land Use Application JUL 2 ZO 12,–
Y OF
11TY DEVF,;.
ftomcr.
Name: 22 3 E5A-t5—r pp-t- ,M Af-P_1,fA1-7 0?(J
Location: -223 K-Afr -14AUAM
13LOCK —77— A`5C�
(Indicate street address,lot&block number or metes and bounds description of property)
Parcel ID# (REQUIRED) 2 73 — 70-7
APPLICANT:
Name: 2.23 -z5'- -.DAV'P KEU5.H'F9 25, • GiEr3VI wc
Address: f3ox _7�7 2 SIG it
Phone#: q;70 .-30 Cf. 06(i> Fax#: E-mail:
REPRESENTATIVE:
Name:
Address: Fb r30-/, 1-5161'Z_
'q-7 E-mail:
Phone#-. 0 -30 41 - CG9 45 Fax#: WA,
TYPE OF APPLICATION: (please check all that apply):
❑ Historic Designation ❑ Relocation(temporary,on
❑ Certificate of No Negative Effect ❑ or off-site)
❑ Certificate of Appropriateness ❑ Demolition(total
-Minor Historic Development vf�l"Lmdlj) demolition)
❑ -Major Historic Development ❑ Historic Landmark Lot Splil
❑ -Conceptual Historic Development
❑ -Final Historic Development
-Substantial Amendment
EXISTING CoNDmoNs:-(description of existing buildings,uses,previous approvals,etc-) - - -
Tz7v v5T-7 U6 _-511X--i<:::) —1-167 /
ftoposAu (description of proposed buildings,uses,modifications,etc.)
r A F:r-r c-57= 11-16-7 172)"..Jr-
-TZ) f%,\A)tJ Q1CrC'PJAN --T-0 r-Ac i e__rrATE
'_'QS2k-TTCX) Clte— --rv_:ro 6;1 U t-li ali C%_W P3 Ml zep
VIA '4 5CE:0 Aspen Historic Preservation
03 Pf V I Si c7 v Lc)-r Land Use Application Requirements,Updated:May 29,2007
r,120 C er�
General Information
Please check the appropriate boxes below and submit this page along with your application. This
information will help us review your plans and, if necessary, coordinate with other agencies that
may be involved.
YES NO
U Does the work you are planning include exterior work; including additions,
demolitions,new construction,remodeling,rehabilitation or restoration?
■ U Does the work you are planning include interior work; including remodeling,
rehabilitation,or restoration?
U 11 Do you plan other future changes or improvements that could be reviewed at this
time?
1.1 IN In addition to City of Aspen approval for a Certificate of Appropriateness or No
Negative Effect and a building permit,are you seeking to meet the Secretary of
the Interior's Standards for Rehabilitation or restoration of a National Register of
Historic Places property in order to qualify for state or federal tax credits?
1_1 U If yes, are you seeking federal rehabilitation investment tax credits in
conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner-occupied residential
properties are not.)
U U If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
U Rehabilitation Loan Fund L.l Conservation Easement Program U Dimensional Variances U
Increased Density U Historic Landmark Lot Split U Waiver of Park Dedication Fees U
Conditional Uses U Exemption from Growth Management Quota System U Tax
Credits
iT
Aspen Historic Preservation
Land Use Application Requirements,Updated:May 29,2007
Attn: City of Aspen Building Department
Re: 223 East Hallam Property, Subdivision Lot Split Process
Date: 5-19-2012
To Whom It May Concern,
1, Gina Berko,on representing behalf of the 223 East Hallam Street Property, do declare
to be one of the said authorized agents of 223 East Hallam. I do declare that Derek
Skalko has been authorized as owner's representative regarding the proposed demolition
request and Subdivision Lot Split request regarding 223 East Hallam for the specific
purpose of requesting removal of the 1967 west Victorian side dining addition in
conjunction with procedural steps towards the subdividing of the 12,000 square foot
parcel.
Property in Subject:
223 East Hallam Street
Lots C,D, E &F—Block 72
City and Townsite of Aspen
County of Pitkin Colorado
Parcel ID: 273-707-316-003
Gina Berko - 223 East Cooper Street, Owner May 19th, 2012
114°CAST BLEEKER STREET ASSOC 202 ASPEN LLC 225 NORTH MILL ST LLC
COMMON AREA 2950 E BROAD ST 2ND FL 225 N MILL ST
114 E BLEEKER ST COLUMBUS,OH 43209 ASPEN, CO 81611
ASPEN, CO 81611
AMATO JOSEPH A ASPEN COMMUNITY UNITED CHALAL JOSEPH B
PO BOX 503 METHODIST CHURCH 31 ANNA ST
HIGHLAND MILLS, NY 10930 200 E BLEEKER ST OCEAN RIDGE, FL 33435
ASPEN, CO 81611
CITY OF ASPEN CJB REALTY INVESTORS LLC DOMINGUE FAMILY TRUST
ATTN FINANCE DEPT 6544 WENONGA CIR 600 SEMINOLE DR
130 S GALENA ST MISSION HILLS, KS 66208 WINTER PARK, FL 32789
ASPEN, CO 81611
GARRETT GULCH EQUITY VENTURE LLC GETTMAN ROSA H TRUST GSW FAMILY INV LP
2950 E BROAD ST 325 S FOREST PO BOX 2038
COLUMBUS,OH 43209 DENVER, CO 80246 WHEELING,WV 26003
HAYES MARY E&JAMES L FAM LP LLLP HODES ALAN&DEBORAH HODGSON PHILIP R 50%
209 E BLEEKER ST 114 N ASPEN ST. HODGSON PATRICIA H TRUST 50%
ASPEN, CO 81611 ASPEN, CO 81611 212 N MONARCH ST
ASPEN, CO 81611
HOGUET CONDO ASSOC HOGUET CONSTANCE M JEROME PROPERTY LLC
COMMON AREA 333 E 68TH ST 540 W MADISON ST
118 E BLEEKER ST NEW YORK, NY 10065 CHICAGO, IL 60661
ASPEN, CO 81611
JOHNSON RICHARD&MONTAE IMBT KRIBS KAREN REV LIV TRUST LE VOTAUX 11 CONDO ASSOC
6820 BRADBURY PO BOX 9994 COMMON AREA
DALLAS,TX 75230 ASPEN, CO 81612 117 N MONARCH ST
ASPEN, CO 81611
LIGHT HOLDINGS LLLP MADDEN WALTER ROSS 42.5% MATTINGLY MARK&ALIXE
801 BASELINE RD 218 N MONARCH ST 929 CAMINO VIEJO
BOULDER,CO 80302 ASPEN, CO 81611 SANTA BARBARA, CA 93108
MYRIN CUTHBERT L JR 57.5% PARZYBOK WILLIAM G JR TRUSTEE PENN PAUL E&SUSAN W
PO BOX 12365 3860 FOXCHASE WAY 3830 E 79TH ST
ASPEN, CO 81612 COLORADO SPRINGS, CO 809086901 INDIANAPOLIS, IN 46260-3457
PUPPY SMITH LLC RANDALL MIDDLETON/HALLAM LP SADLER QUAL PERS RES TRUST#5 50%
205 S MILL ST SUITE 301A FIVE POST OAK PARK#2580 8536 N GOLF DR
ASPEN, CO 81611 4400 POST OAK PKWY PARADISE VALLEY,AZ 85253
HOUSTON,TX 77027
SEGUIN WILLIAM L&MARILYN SEMRAU FAMILY LLC SUTTON KERMIT S&JENNY W
PO BOX 4274 300 S SPRING ST#203 715 TENTH ST SOUTH
ASPEN, CO 81612 ASPEN, CO 816112806 NAPLES, FL 34102
US POSTAL SERVICE WATERS DANIEL E WHITMAN RANDALL A
WESTERN REGION C/O BOSTOCK VICTORIA C 4845 HAMMOCK LAKE DR
SAN BRUNO, CA 94099 8 COPPER BEECH RD CORAL GABLES, FL 33156
GREENWICH,CT 068304034
Land Title Cjarantee Oxrpany
Date: February 13, 2009
titlepolicy@Apinebank.com
ALPINE BANK, ASPEN
ATTN: LOAN DEPT
600 E HOPKINS
ASPEN, CO 81611
Re: Your Ref. Number 0260596001
End osed please find your Land Title Guarantee Company loan policy insuring the property at
223 EAST HALLAM STREET ASPEN CO 81611
and owned by GINA BERKOASTOAN UNDIVIDED 25% INTEREST
AND
The following endorsements are included in this policy:
Deletion of Standard Exception(s)
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
or comments regarding your policy, you may contact Title Department
Phone: 970-925-1678 Fax:
Please refer to our Order No. QTF62002002
Weat Land Title Guarantee Company believe in delivering quality productsthat meet your needs, and our goal isto provide
the most efficient, reliable service in the industry. Thank you for giving us the opportunity to serve you!
Si ncerel y,
Land Title Guarantee Company
Form AL/ORT LTG Policy No. LTFJ62002002
Our Order No. QTF62002002 Amount $491,000.00
ScheduleA
Property Address. 223 EAST HALLAM STREET ASPEN CO 81611
1. Policy Date: February 06, 2009 at 4:20 P.M.
2. Name of Insured:
ALPINE BANK, ITS SUCCESSORSAND/ORASSIGNS
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
SEE ATTACHED
5. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are
described asfollows:
DEED OF TRUST DATED FEBRUARY 04, 2009, FROM GINA BERKOASTOAN
UNDIVIDED 25% INTEREST
AND
DAVID M. FLEISHER ASTO AN UNDIVIDED 25% INTEREST
AND
ELM 223 LLC ASTOAN UNDIVIDED 50% INTEREST TOTHE PUBLIC TRUSTEE OF
PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF
$491,000.00 RECORDED FEBRUARY 06, 2009, UNDER RECEPTION NO. 556295.
6. The Land referred to in this policy is described as follows:
LOTSC,D,E, AND F, BLOCK 72, CITY OF ASPEN
COUNTY OF PITKIN,
STATE OF COLORADO.
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Our Order No. QTF62002002
Title to the estate or interest covered by this policy at the date hereof is vested in-
GI NA BERKOASTOAN UNDIVIDED 25% INTEREST
AND
DAVID M. FLEISHERASTOAN UNDIVIDED 25% INTEREST
AND
ELM 223 LLC ASTOAN UNDIVIDED 50% INTEREST
Form AL/ORT LTG Policy No. LTFJ62002002
Our Order No. QTF62002002
Schedule B- I
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements, or clams of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or
inspection of the premiseswould disclose and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and
not shown by the Public Records.
5. ANY AND ALL TAXESAND ASSESSMENTS.
6. RESERVATIONS AND EXCEPTIONS ASSET FORTH IN THE DEED FROM THE CITY OF
ASPEN RECORDED IN BOOK 59 AT PAGE 330, PROVIDING AS FOLLOWS THAT NO TITLE
SHALL BE HEREBY ACQUIRED TOANY MINE OF GOLD, SILVER, CINNABAR OR COPPER
OR TOANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
7. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINESAND THE EFFECT
OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TOANY S41D
DISCREPANCY.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONSARE HEREBY DELETED.
LTG Policy No. LTFJ62002002
Form AL/ORT
Our Order No. QTF62002002
Schedule B- I I
I n addition to the matters set forth in Part I of this Schedule, the titleto the estate or interest in the Land
described or referred to in ScheduleA is subject to the following matters, if any be shown, but the Company insures
that the lien or charge of the insured mortgage upon said estate or interest is prior to such matters.
NONE
* LOAN POLICY OF TITLE INSURANCE
AWWflCECFCIAJMANDAM'aHR9 3f10ECRSrA7BU\TINWd1 1N Gf€CUF;EDTOBEQ%ENTOTFEMA:AAfYLNIR
THS FC JCY MUST BEG%EN TOTI-EOa/PArI>'AT Ti EACMM S-OM I N=CN 17 CF7FE=-PC7u5
Oa/B:a)R1SKS
SLEJEGTTOTFEIXC1 WCNSF;CMOaEiACIE,TFED(O3f1CNSFi-MMM CEW45AJNB7INa El BANOTFE
OCNCITICN�aDF�RMCNAnCWLT 17LEINRRANMO3A:AJY,aMrresdampaation('theO3TPWV'),
inares,as of Date of Ftiicy arc4 tot heeide t stated in Omred R4s 11,13,and 14,after Csted Fblicy,against loss or its ,
not ecoeecingtheArrartdInsi arse,sAairedorinarredb1thebarrenbyreasond:
1. Title ban@ vested other than as stated inSdiedJeA
2 Ary defect in or lien or enarrbranceonthatitIg Thscovered Rsk inclabs bA is rut linited to insuam against loss frorn
(a)Adefect intheTiitle cam.Bed by
()forgery,fra il,ude irfluane,dress,i,ca, erxy,irratedty,or inpasci ion;
(ii)faiiLre d ay pers^n or Ent ity to here athximd a t rasfer a oon,eyarre;
(m)a clournart affecting Title rot properly created,emAecl,witnessed,seated,ac1mviedgecl,rdari or delivered
(iv)fai lire to performt hose acts necessary to create a cioarret by electronic means adhorimd by law;
(v)a dxurat sxeateJ uxier a faisfied spired or dhawisa im-did pore d attorrry;
(vi)a dmxret not property filed recorded,or irxacel in the Rtlic Raaxds including failue to paformthoseacts by electronic weans a.thorimd by law;or
(vii)a deledivej rddal or acMristrative prooseirg.
(b)TheIiondrealEstatetaxesaassemiatsinposedon the Title byago vermE talathoritydeorpayable,lotuoad
(c)Any encroac rrert,enarrbraroe,violation,variation,or adverse drarrganeeaffecting the Tiitlethel world beds closed by an marateari oorgJete land srvey of the
Larxi Theterm"enxoach rent"indudes encroachrretsd edstirg infroverrets located on the Lard onto a4cinirg lax(and errondTretso tothe Laid of edstirg
iri p merxrts located on a4cining lard.
3.ltrrerl dale Title
4 No rigtt d acoasto axl frarit he Land.
5.The violet ion or a foroeret of ary lain,ordnance,perrrit,or govermertal reg etion(rdL irg those relating to buildng aril mring rest riding regulat ing,prop itirg or relat ing to
(a)the 0004oaTy,use or ejWm3l d th=LTd,
(b)the dude,drraxsio s,or location of ary irrp umTE t Erected onthe Land
(c)the abdvison d larct or
(cDeviromatel prctedien
ifa notice,descrilingary part dthe Laid isreoordadinth=_RtiicR settirgforththevidationorirtertiontoenforee,bctoriytotlaadetdthevidationor
eforarat referredtointhat notioe
6.An erforoarert action used on the ecemse of a gwem7ertal police pave rat corned by Cbleed Rsk 5 if a ndioe d t he enforce rent action,da acribrg ay part d the
Lax(isreordadintheRtdicFboords,bLt ciytotheedert dtheenforcerret referred tointhat notice.
7.7heecErdsed the rigitsderrinetdrrainifartitioedthee(erdse,clasaitirganypertdthe Land,isrecrdedintheRtiicRaoorck
B."takirigbyagoverrmartal bodythat has ocarred and is binding on t he rigfts of a pLrdmser for vakre wit hat KmWedga.
9.The irualicity or uiafiorceablity of the lien of the Irared Mortgage cpon thaTitle.7tis ONered Rsc includes tort is not linitedto irera ce agaira Iossfromay d the
fdloMrg inpaii ing the lien of the Irared Mortgage
(a)forgery,fraud uxieirfluaro,fires$inoorrpeten y,incapacity,or inpersonaation;
(b)feilue d ary pawnor Ert ity to have acthximd a t ra-efe cr caweyanoe;
(c)the bared Mortgage not tang l ropaiy created,emoded witnessed,sealed ado-aMecIgg rctanag or daiverect
(cij failueto paformthom ads necessary to create a doaret by elect ronic ri-Ea s adhonmd by law;
(e)a dxurert exeated uxier a falsified,expired,or d harwise iruatid paw of attarrxy;
(f)adearret not propaiyfiledreocrdad,orirdac edintheRtiicRmxcisirdLirgfailuetopeformthos-actsbyelectronicnEem&fr orimdb,'law;or
(c))a dafectivejuicial or adriristrat ive proceedrg
10.7he laded priority of the lien oft he bared Mortgage cponthe Tit le over ay at her lien or Erurrbraxoe.
11.The lack d priority of the lien of the bared Mortgage LpontheTiitle
(a)as searity for each axi e✓ey a d✓aroe d proceeds of the loan seared by the bared Mortgage over any statuary lien for sxvioa$labor,or naterial arising
fro mconstrudion d an in-ra erat or work related tothe Land whein the impraeret a work is either
()eortraded for or omiTmoed on or before Date of Riicy;or
(ii)contracted for,03,nts edaoort ined after Date dRticyiftheconstridion isfiraroad,inwholeorin part,typroceeds.dthe loan seared lythe
Irared Mortgagethat the Irared hasad✓anoed or is obligated on Dated Polio/to advaioe;and
(b)aer the lien of ary asease retsfor strest infrwErrerts Linder eanstnrdion or corrpleledat meted Fblicy.
12.TheirvalidityoruxaforceablitydaryassignetdthebaredMortgage,providedtheasagxratisdiwinSdiedleA,or thefailuedtheassignedsh: min
SdheclAe Atovest titletothebaredMortgageinthenane Insured assignee free and dear of all Iies
Od FbRtlic National Td le lns ra oe Ctxrpay
IssEd thrac,/i the Office d: A Stock Oxrpary
tArDTITLEGJARWE0CMW 400SmondAverxeSatlj Mmes olis,Mnnasota55401
533 EHJ MNS#1 C2 (612)371-1111
ASFEI 0081611
970T6-1678
S
horimd ue _U* CA * i
:m gym:
y
* O;
070. Nit
ALCRT 06(ALTA 0617-06)Que Pagel d 5 ,,
13.The invelidty,udafa-ceablity,lack o f priority, oft he lien of the bared Montgagey>JntheTitle
(a)rmttirg frrmthe adclance in wt-de or in pat,or from cart crder providrg en aftardative rarely,of ary transfer of all or ary pert of the title to or ary interest in the.
Laidommirgprior tothetrarsadiaiaeatirgtheliaidthelrsredMortggebam ethat prior transfer constitUedafr&Wert a preferential tra-der uxlerfederal
bai(rL#c r,state insolvency,or sirrila creditors rights laws;or
(b)bem the IneLreclMortgageconstitUesa preferential transfer LrrJer fed3-dbff"cy,stateinsdvero/,crEinilLrcrecitor5 rightslaNsloy reason of the failLreor
its moordrg inthe Rttic Fads
(i)to betin-ely,or
(i)to inpat rctioed itsedstenxeto a prddasa for valte or to ajucoret or .lien creditor.
14.Any dried in or lien or mantra ceon the Tit lea other matter irxiud`d in Covered Rsks 1 through 13 that has been created or attad-ed or has been filed or recorded in the
Rbic Re`orcissbsecl.sst to Ditecf Policy wd pia tothe reoordrg of the lnsred Nbrtgxp in the Rbic Pa=d;
The Omrpeny will also pay the met$attorreyst fees and epee es i ru rred in defense of ay natter roared agtirst by this Fblicy,bu any tot he a de t fxw decl in t lie Condit ias
DCC LUS 6 FFUA CXaAPACE
The fdlavirg matters are egxesdyecdud odfromthe coverage of this policy,ard the Omrpayvvill not pay loss ordmay,costs attamysi fees,or age sestht
arise by reason of:
1.(a)Ary lav,o cindarne,paint,or goverm7artd reg"ion(irdudrig those relati rig to b iIdrg and mrird restrict i rg reg.latirg,prohibit irig or relating to
Q)the om faruj,us-or Ocym2 t of the Lard;
(i)the deader,dm-sioris,or local iod of ay irrprwaret erected on the Lax(
(ii i)thesJodvisionof lad;or
(iv)erm,cm eta protectio;
or the effect of ay vidatien of these Iavvs ordra cess,or givermetal regJatio s 7hs Exclusion 1(a)does not rnodfy or lint the eo✓eray provided udder
Oovered Rsk 5.
(b)Any g vermeta police pave.This Exdudad 1(b)does rut rrndfy or lirrit t he coved provided under QHeed Rsk 6.
2 Rgts of erinat dorrain This Excl usion does rut nvdfy or lint the co✓eage provided udder Covered Rsk 7 or 8.
3.Q#eds lies,awrtrai advasedans or other natters
(a)created suffered,asumd,or agreed to bythe Irare d(lariat;
(b)rot I-mm totheCbnTary,rot recorded intheRidicFboordsat Cbteof Fbl icy,txt KrowntothelrsuedQaindart ad rut dslosedin writing tothe
(brrpery Iy t he bared Ctanrat prior to the dat ethe Irared Clanat bemm an Irared udder this policy;
(c)resltirg in no laser darmle to the bared Clanant;
(d)attadirg or created sbaequat to DI of R lief der,t his does rut notify or linit t Ie o>ve'age provided udder Chuffed Rsk 11,13 or 14),or
(e)resdting in loss or clan-age that world not have bead s stai ned if the Irared Claret had peid value for the Irsxed Mort gag?
4 LterforceadIity of the lien of t he maned Mort gxp bsmLse of the irebility or faiILre of ai bared to amply with app icade ddrg bterde s laves of the state where t he
Lad is situated
5.Invalidty or uenfa-ceatiIity in whole or in poet of t he lien of t le bared Mortgage that arises ou:of the trasad ion evidenced bf the Irs red Mortgage ad is based cpm
usry or any mrsura crest pxotectionor trLiNnlerrirg lave.
6.Any daiM bf reason of the operation of federd banvyotcy,state irdmlve cy,cr Eimer creditors rights laws,that the trasacf ion creatirg the lien of the bared
Mortgage,is
(a)a fraxUert mnvya ce or fra We t transfer,or
(b)a prefaetia trasfa for ary reason rot stated in Quaed Rsk 13(b)of this policy.
7.Any lien cnthe Title for red estatetaxes or asgessrats inposed by gwametal athcrity and created or attadirg between ate of policy ardthe dated remrdrg of
the Inared MortgT in the Rttic Racuds This 6adudon does rot nodfy or lint thecweage provided udder 0-wed Rsk 11(b).
CX -n CNS
1.DB9MTICNCFTBVIS
The fdla Mtatrswhenusedinthispolicyrreen
(a)"ArTmt of IrarauP-The arTart stated in-'dB.JJe A as n-ey be increased or decreased by encbrsera to this pdicy,increased bycbd ion 8(b)or
decreased by Sad ion 10 of t here Condit ions,
(b)"Neof Rol icy":The date designated as"Neof Policy'in Schaclule A
(c) ROY*:A capuration pertrdaship trust,limed liatiIity mrrpay,or ot her si nler legal ent ity.
(d)"Incladeck ':T hecblig#ion sacredtythemanedMortgageirdudrg one evidenced bf elect rcicn'Easat!rori bfIaw,and ifthatddigat ion is
the payment t d a dEU,the Ind#fed•iass.isthesmof
@ the arart of the prindpel dstxrsed as of Cate of Policy,
(i)theararto fthepxincipelddxrsedahsa atto[huedpolicy,
(ii 1)themrd#n ction loan ackerxesnacbsteegtat to Dt eof Ftiicy for thepuposeof firacingin Ode or in pat t lie con struct ion of aiirrprwedet to
the Lad or relat adto the Lard t hat the Irared was ad mrtin cd to beodigat edto aJrdmat[sate of Rol i cy and at the dated the advance;
(v)interest onthe Ic ER
(v)thepgxyn rtpreriutaeatfeesaddher amlarfeesorpsreltiesallo Nedbylavv;
(vi)the agaeasof foredosre and any other rods of eforcarat;
(vii)the aTcrtsadvaXed to ammccin oliauewith lanes or to protect the lien orthe priority of the lien of the bared Mxtggr befcrethe a*siticn
of the estate cr interest intheTdle;
(viii)the anxrtsto p ey taaes ad irararxe;ad
(x)the remorelia aroutsegoaxbdto premt d#aierat ion of inliavarets;Ixt the Irxldfedx%is raped by the trial of all payment ad ty ay
anxrt forgvei by an bared
(e)"bared':The Iraredrda, inSddedleA
ALC 81706.2 Cbva Fbge 2 d5
()The term"bared'also includes
(A)theoAvner of the irdetteciness ad each successor in am-ers ip of the Ircleltedress�whether the owner or sir oNrsthe Indddedness
for dsarvn aocout of as a trustee or other fiddary,ano a s moessor who is an ddigor uxler t he p visors of Section 12(c)of
these Qxdtiorc
(B)thepersonaEnitywhin has"oatrol"tithe"trarefaableremrc("iftheIrdd eck-ess isevidamedb/a"transferable record"as these termare
defined by applicable elect ronic tra-Wictienslavv;
(C)smoeeaorstoan Irared by dssolUion merger,corsolidatien,cistrib.tion,or reongai ization;
Psu:oes lstoanbaredlyitsoxnversiontoandher IdndofEntity;
(E)a grarteeof an]nsurecl uder a ds-d d`livaedwithout Fayrret of act ual valuable ccrmclaalion conveying the Title
(1)ifthestock,stares,rnarbes!ps,or other el ityinterestsof the gartee are whollyaaredbythe named b ared
(2)ifthegrarteewtdlyomrr thenwresInsreda
(3)ifthegarteeisv4dly-w redbyan affiliated Entity of the,anedIra.red providedthe affiliated Enity and the,a. Irsredare
both wtrolly-oNred by the same persona Enity;
fl arty govanret agency or inetruretality that isan ireuer or gcerator uda an insr&mcortract or ganarty inning or guaranteeing the
Irdslotedess seared by the bared Mortgage,or any part of it,whist her rerred es an I rs red or not;
(i)Wh regadto(A),(B),(q,P,and(q reserving,however,all riots ad defenses asto ay srcessar that the Qxrpiany vwcdd twee tad against
any predeaxex bared,utessttesucoeseor aocl.ired the InJel tedreeaasa purchaser for vake wit hod Knavle±je of the aseated defect,lien,
etzrrtraroe,or cth err matter insredagetrt##by the policy.
(f)"Insrataarrant Anlrareddainirrg loss ord3rrege.
(g)"Irarad Mxtgagd':The Mortgage desabbed in paragaph 4 of SJhadJeA
(h)"K-aMedgj'or"Knnm':Actual Ivo edg?,not constructiveImo ledgeorrxticethat maybeinxutedtoanba redbrreasonoftheRdicFboordscrary
other reoorckth at inrpalt constructive noticed matters affecting the Tolle
()"Land':Thtr larrJdeaaibed in SolredleA and affixed irrpoverretsttst by lav coretitute real property.Theterm"tad'dos rot include ay property lermd
the Iinesd thearea desaibed in SchedleA nor ay right,title,interest,estate,or easerrert inalxttinxgstreets,ram arverijas�alleys,Tares,way$
err waterways but this does rnt mocify or lirrit the edet that a dggit of axess to and front he Laxd is insured by this policy.
Q)"MortgagY':Mxtgaga,deed of try,tryst daed or other seaalty instnrret,ircluding one evidanoed by da3ronic nears authorized b,'law.
(k)'Relic Ftemolsd':Facordsestadisted uder state stalrtesas Cate of Rdicy forthe purpose of imparting anstnriive noticed rretters relatirg to red property
to prdasers for val ce ad withx t KmIecige.Wth react to Q vend lasts 5(cl),"Relic l`boad;'stall ales include a virormatal protections liers
filed in t he reoxds of the deric of the Liited Sates❑strict Qxrt far the dstrict wheret he Lad is located
Q)"Titld':The estate orirteretcesaibedinSdnal eA
(rrt)"Unraketatde Tit Id':Title affected by an alleged or apperet rrEtter that world parrit a pDspective prdnaser or lessee of the Ttle or lerder on the Td le or a
proq)edive prctma d the bared Matgxpto be released franthe obligation to prrdnaae,lease,or Tad if there isa contractual eordtien ra}iring the delivery
of narketabletitle.
2.CCNii NLWTi CN CF I NSLPANCE
The eoveag?of t hs pol icy shall continue in face as of Dste d Policy in favor of an bared after aoc}st ion of the Title ly an bared or after oor veyata ty an bared
but only so long asth a bared retains an estate or interest inthe Lard,or hulk ai obligation seared by a prdxse mxiey Mortgage Oven 4(a prrdaser fro rithe
Insred,crony so lag a;thr?Irared stall have liability by reasson d wairarties in ary trarefer or oonveyarre of the Tolle This policy stall not eartin a in fcroe in
favor d any prdtsser fromthe irared d Either()an estateor interest in the Lad,or(ii)an ddigation seared by a prdxse mon y Mortgagegiven totere Irareol
3.NOfI CE CFCLAI M TOBEGMEN BY I NSL.FED CLAI MANT
The bared shall notify t he Qnpary promptly in writing()in coned any I it igat ion asset fath in Section 5(a)of these Qxdtiore,(ii)in sass KrnrvledUe stall care to
an Irsuad of any damd t itle a i nerest that isad✓ese to the Title or the lien d t he Insured Mortgage,as ire red,ad that nigtt career less or clarrege for which the
Qxrxany nxy be liable by virt Le d this policy,or(iii)if the Td le or tte lien of t he Iretred Mortgage,as insured is rejected as U7rarlgatable Title If the Carpay is
prqu toed by the failure of the Irared C airrat to provide prompt notice,t he Cbrrpeny s liability to t he bared aarrart urkr the policy still be reduced to the
edert of the prqudoe.
4.PF3CCF CF LCSS
In the evert the Quarry is uedeto dderrrine the amoart of loss es darrage,the Co rpay may,at its clot ion,refire as cadtion of faynet that the bared
Clamant fLmsh a signed prod of Ices The prod of loss mist die aibethedefect,lien,ecu tmoe,or other matter inared against by this policy that eor-isitutesthe
bass of lossor darrege and stall state,tothhe adet possible the bass of calculating the arocrt of the lessor carnage.
5.DBiNSEAND PR=MCN CFACiiCNS
(a)Loon written reWBA by the lnared ad s.kject to t he qct ions contained in Serf ion 7 of these Qncitiam the Co rioany,at its am cost and without
ureasaebde delay,shall provide for the defense of an irsred in litigat ion in which any third party asserts a dalmoovered by t his poll icy adverse tothe
Irared Thisobtigation is linitedto only those stated causes of act ion alleging rrsttas insured against bythis policy.The Qxrpay Sall ha✓ethe riot to
scat eared of its deice(stjed to t he right of the Irared to object for reasonable case)to represent the bared as to those stated cacPes of action
it still rot be liable for and will not pay t he fees of ary d her could.The Qxrpsry will not pay any fees,casts,or epasss ina e d by the Irwed i n the
defense of those causes of act ion that allege matters rut hared against by this policy.
(b)The Qxrpary shall have the right,in alit ion to the optics contained in Sad ion 7 of these Ctrdtiar at its own cost,to institute end prosecte any act ion or
proceedrg or to cb any ot her ad that in itsopirion may be necessary or ckdreadeto establish the Tdle or the Iiet of the bared Mortgai as irared or
to pem t or refire losses car agetoth a bared The Qxrpery may takeay apfrgxiateadion uda•theterrrs of thspdicy,whether or not isshall be liable
to the Irared The exercise of these rigits stall not be an adrission of liability or waver of ary pravision of this policy.if the Cbrrpary ecercises its righs
ucler this sbmction,it must to cb ciligartly.
(c)We1e,e the Oo rpay brincisai action or assertsa defense as recore d or perritted by this policy,the Corpery may prnsthe litigatimto a find
detenn ination by a mut of co rpetet jLrWdioR and it a pBAy rese vzsthe right,in its sole dsxstiont to appeal ary adfesejudg7at or order.
ALCRf.06.3 Qrver Ftge 3 d 5
6.DUTY CF I NSIFED CLAI MATT TOOOCFEPATE
(a)In all casaswtierethis policy pernits or recl iresthe Corrxarry to prosecute or provide for the defense of ary action or proceeding and any appaals,the Irared
Bahl seareto the Oxrpery the right to so prosecute or provide defense in the ad ion or proceeding iriduingthe right to use,at its opt ion,the nsrmf the
Insured for this purpose.Viheteer rec}uted by the Cbrrpery,the Insured,at the Ompayseparm,stall give the Qxrpary all reasonable aid(i)in
securing evidenoe,obtaining wit r prosecut irg or cleferding t he act ion or proceed rg or effect irg sett lenrient,ard(ii)in arV other lawful ad that in t he
opinion of the Oxrpaty rray be necessary or dasirableto establish the Title,the lien of the bared Mortgage,or arty other matter asiraced If the axrpEry is
prejuiced by the failure of the Insured to furnish the rec}irecl cooperation,the Qorrperys odigaticsto the Insured under r the policy shall ter rirerte,including
any liability or obligation to dfax(prosecute,or catirue ary litigat ion wit h regardtothe matter or mattes re4jring such cooperation
(b)The Currpary nrey reasonably rec}ire the bared aairrart to stxrit to erarriation uncle oath by any arthoriaad relxesrrtative d the oxrpeirty andto
produce for eannatim inspectioR and copflng,at such reascrialcletirresand places as nmy be designated by the authci representative f the Qxrpny,
all records,in whatever mAurn rraintanai,induingbodks�lecgas�clads,rnarman*correspondence,repots,enrolls,dit tapes ad videos vrtiather
bearing a date before or after late of Policy,that reasonably pertain to the less or damage.Rrth er,if refined t3/any athorimd represertativef the
O rpany,the Insured aainart fall grant itspernisson in writing,for any ath rimd representative of the oxmpery to ecarine inspect,and copy all of
these records inthee custody or cortrol of a third party that reasonably pertain to the loss or claffaga Ali,foi n ion claagriatedascofidatialby the Insured
aairrent provided to the Carparypursuant tot his Section shall not be disclosed to othersutess�in the reasoiabhejupgnat f the-Ompay,it is necessary in
the akiniatration f the claim Failure f the Insured aainHI to strait for emrirathon under oath produce ay reasonably reWe:ted irfamatim,or gat
prnisson to snare rmsoahly raoess3y irforrret ion fromt tird faties as rec}ired i n the steed ion uriess prohibited by law n piffnT a tai regJation,
fall temina:eay liability of the Con-party uda this policy asto that claim
7.CPiiCNSTOPAYCROT1-ER 1JSESEM-ECLAIMS,TBWINNnCNCFUABIUTY
In cage of a daimuoler this policy,the Oxrpery shall havethe fdlonvirg aditioriai options
(a)To Ray or Tertda Payment f the Arrout of Insurance a to Rrdase thhe Inch lediess,
()To pay or te-ider payrrert f t he Anouint of Iraraoe uxi?r this policy toget hie with any costs;attorneys fees aid ope sed i rc rred by t he
Irared aainut that were a.th aimcl by the ctuhpary uptothhetirre of paynhat a taunt f payrret andthat the Don-ary is obiiatedto pey;or
(1i)To pudhasethe Ird#ledrisssfor the annul of the Inctebtechesson the date f purchase,together with any costs,attcrnuys fees,ail aupases
incurred by the hrared aainat that wereathai23d by the Oxrpery upto tletine f prdase adthat the Ompmy isobligated to pay.
VIM the Gonpaty prc asesthe Inddledess,the Insured call transfer,arsgt and mrmey tot he Omprty the Ind#tedressarid the Insured
Mortgage,together with ay odlateral seanty.
l..hon the exercise by the Co ppaty f either of the opl ions providxl for in sbsed ions(aKi)or(i),all liability arxf ottigat ins d the Qxrpary to the Irared
uuprthispdicy,other thantor akethepaynet recoredin those s befios,seilterninated,ircluxhrgaylid ilityadiig3ticntodfeid,prosecte,or
catineany litigation
(b)To Pay or Qherwise SEttleVvlh Parties Qher Than the Insured orVtithths Insured claimant.
(i)to pay aothrwisesetthe with other partiesforain the naneaofai Insured aainartarydaiminsuredagainsturn rthepolicy.InaditioRthin
Oxrpery will pay ay cos$attorneys fees,and e¢iases ircwed by the lns cal aainert that were ath ori2ed by the ampffy upto thetirre of
pmt acItInA the Oxrpany isobligated to petyr,or
(i)to pay or otherwise settle withthe Insured aairnxt the loss or darege provided for under this policy,together with any cost$attome4 fees,acl
a pe sasincurred by the Insured aanart that were athximd by the canpaty upto the tine of payrnert and that the ampay isddigatedto pay.
b.plmthe exercise of the axrpe y of ether of the options prcmdal for ins ions.(bur)or(ii),the axipay sob igatio stothe Insured uhcia-this
policy for the claimed loss or damage,other than the paynats required to be made,sell terninete,inducing any liability or obligation to defend,prosecute;or
contirueary litigation
8.DEFB:W NMIICNANDBaBVTCFUABIUTY
Thispolicyisacontract ofindernrityagainst actual nu'dary loss or clann&AaJred or incurred by the Insmed Gairrant who has suffered loss or chn-ga by
reesai of n-attersin Bred agalm3 by thisp licy.
(a)The eQet of liability of the C orrpa y for Ices or danege under this policy sal not eceeed t he lea t of
@theArad of Irarahoe,
litheIrici tectass
(m)the ciffere me between the of the Title as insred and the value of the Tiitlesuiaed tothe risk insred against by this policy,or
(v)if a gwamat agency or i rst nine taity isthe bared aairrart,the arrout it pad in the aocl istion f the Title or the bared Mortgage in satisfaction of
its inararce contract or guaranty.
(b)If thhe axrpeny pursues its rights uder Section 5 oft hasa axtitiorsaxl is unsuccessful in establishing the Title or the lien oft he-bared Mortgage,as ironed,
(j)the Anuit of Ireramesall beincreasedby 10°/q and
(i)the Ironed aainut shall have the right to hiavethe hoes or darn clatenTined ether as f the datethedaimwasrrecle-by the bared aainert
a asof the date it issettlai and paid
(c)Intheevet the Insured has aoq iredthe Title inthe rrarria described in Section 2 of these C2xidtiensor hesa rtreyedthe Title,then the adert of
liatility f thhe Ompary sill oortine asst forth in Section 8(a)of these aordtiors
(d)Inadcitiontotheedert of liability uder(a),(b),and(c),the Couparywill also paythcsecost$att«rpy�fees,aclegoeraesinarrecl inaccadancewith
Sedions5 and 7 of these Qondtions
9.UMITA11CNCFUABIUTY
(a)If the(brrpety eetablisesthe Title,or rario✓esth eatlegad dfed,lien,or enantrarro,or aresthe lack of a right of acassto a fromthe taxi,or cresthedaimf
ltruW able Title or ustablisiesthe lien of the bared Mortgage,all as insre,in a reesorabiy ciligent nanr by ay of ho4 induirg lit igat ion a d t h a mrrptet ion
of a-yappaals,it sell havefutlyperfarred its obligatioswithrespect tothat m#teradshall riot beliableforayhossorde ragecasedtotheI erred.
(b)Inth a evert of any Iitigatiom induling litigation by the Om anty or with the axrparysoorsert,the C lonpery shall have no liability for lossor darregr until there
hias been a final c#ernination by a cart of canpetent juhsidicn,ad dspostionf all appeals,adversetotha Titlea tothe lien of the Insured Mortgage,as ine red
(c)The axrpay shall riot be liable for Iossor damegato the bared for liability vduntaily ass rued by the Insured in settling ay claim or sot without the prior written
corms t of the Carpay.
ALCRr.05.4 aura Page 4 d 5
10.RB3-CflCNCF1NSJRANCF�FED-C lCNCRTBWlW1CNCFUABIUTY
(a)AI payrre tsLr dathis policy,except payments made for costs,Atcrreysi fees,and a pffaes�shall reAmtheArrhxrt of In s ranoe by the ara t of the payrre t.
f xvever,anypaymatsrcadepriortotheaxpsitimofTitleasprovidedinSection2oftheseCbndtiersshnllnotrelmtheAmxrtofIretrarmafforded
urti the polio/eccgf tot he extet that the pa/marts reim the Indebtedness,
(b)71evdutary satisfaction or released the Irexed Mxtgageshall tettinate all liability of the tbrrpany e(cept as provided in Section 2 of these Qxdtio s
11.PAYMENT CF LCISS
Wien liatility and the edet of Ice;or dam have been definitely fixed in aocarclarm wit h these Ordt ions,the papTErt stall be made within 30 days
12.R G-f f S CF FAY LFCN PAYMENT CR SETTLBVIBNT
(a)The Oxq:BrVs Rght to Fbwva
VVErhxver the Oxrpay shall havesettledandpaidadamurdathispolicy,itshallbes rcgetedanaletitlettotherigtsdthebaredQairrartinthaTtleorInsred
Mortgageand all other rigtsad re7adesin respect tothedamthat the bared Qainart hasagard ary person or property,totheedet of theannut of ary loss costs;
attcxneysi fees,and epeas paid by the O npary.If re:prated try the O rrpay,the bared aarrart sh-all exeate dxxnetsto evidarethatrar efer tothe Qxrpary of
these rigts and rerredes The Irared Clarrert stall parmt the Qrrnary to sue,ccrrprcrose,or settle inthe rorre of the lowed aamart and to use the,arred the bared
aanart in ay trareadion or litigation involving those rights and nmede.
If a payrrert on accart of a daimdaes not fully oo er the l sit the lowed Ctainart,the Qxrpay steiI deferthe exercised its rigt to recover util after the Ire red
Clad art shall haversoaveraditslos
(b)The lrarets Rgts and Umitatioru
()The omw d the In a tedess nay release or skditLfethe persael liablity d ay dettor or gsrart:or,ede cl or otherwise rrocify theta rrs d payrret,release a
port ion of theTiitlefromthelien oftheIraredMortgageorreleaseaymilateratsecurityfortheIndetted ,ifitdosrotaffetthaerforceabilityorpricxityofthe
lien of the bared Mortgage.
(ii)If the In a red exe cisesa rigt presided in(bx),tit has K-oMecge d any daimadAe Seto theTtle or the lien of the Ins-red Mortgage insured first by this plicy,
tha Qxrpery shall be reg fired to pey oriy that pert day looms irs red against by this plicy t hat shall exceed the snout,if ay,lost to the Qxrp ry by reason of the in psimat
by the bared Qanrat cf the QxrparYs ngt of abrcglion
(c)7`haO rpaysRgtsAgain t NxinaredCligxs
Tie Oxrpa�srigt d&&rogation induol sthe Irareds hos agan4 nomrw-ed otiigorsirdudngthe dg-tsof the Insredto inJaTt ities,gaarties;
dher pliciesd irarance,or boats rotwftfstaxirg ary tears a oxritiorsoc tstred inth me irstnrratsth#addressabrogatiai rigts
The axrper?/s rigt d sbaAion shall nit b e avcided by aa}istion d the Irared Mortgage fa'en diig r(accept an obligor doom bed in Section 1(eXXg of these Oxdtiens)
who axfaresthe Irared Mxtggeasa resit d an infinity,gaatea,other policy of insuance,or ham(ad tha cloligx will not bean Irared uderths policy.
13.AFSTRA n CN
Either the Qxrpary or the Irared nay derard that the clamor cnrtnovaW stall be sctxhitteol to abitratim pusuart tothe-Title InsuarmArtitrdion R/esof the
Arrerican Lard Title Associat ion('Rtes").Except asproviclsdintheRies,thereshillberojdndar aca rEdid3 ion with clai soreortroversiesof other persons
Arbitrable mattes nuy induce,bct are nct limted to,ay ocrt novas/or dam between the Qxrpay and the I raced arising at of or relat ing to the policy,any
saviee in correction with itsisaaice or the trends of a policy provision,or to ary other controversy or daim arising at of thetraraxtiongi*ig rise tothis policy.Al
a litrade rrettersw,en theAnurt of Ins rarxe is$2,000,000 or less sell be arbitrated at thecptim of Either the Qxrpay or the bared.Al atitratie rra ters
whah theAnu t of Ireuanre is in excess of$2,000,000 shall beartitrated only when agreed to by both the Qxrpary azlthe Insured Artitrdim prsart tothispdicy and
u der the Riess hal be tindn>g cpxn the perties Juklrert ysan the nerd red b i the Arfitrata(s)rray be etered in ay cart d ocnpstert juisidixn
14.UAB UTYUMITBDTOTHS PCIJCY'F CLJCYE31MFEOWrPACT
(a)lids plicy tegatha with all exbrsarets;if ary,attadad to it bit he Orrrptry is the et ire policy and contract bstween the bared ad t h e Cbrrpay.In
interpreting ay provision of this policy,this policy shall be osnstnFd asawh ole.
(b)Any damd locsor daregethat arises ant of the stahsof the Titleor lien of the In a red Mortgage or IN ary action asserting s.rh damshall be rest doted to this policy.
(c)Anyarra llratdaexbrser rottothisplicymstbeinwritingandathatiratedtyanauthhximdpesor1or ageslyirmnpoatedbvySdadJeAdthispolicy.
(d)Each errbrse ret tothis plicy issuad ef ay tirre is rcacba pert of thsplicy and issued to all of itstansand provisions Except sthe extxsarat
epesely states,if doesnct(i)rrocify any of the ad pra4siors of the policy,(ii)nrodfy ay prior errbwyet,(ii)edend the Dated Policy,or(v)
increeetheArrart of Irarare.
15.SEVE'ABIUTY
Intheevertaypvvison d this policy,inwholeorinpat,isheldinvaliduuenforcedoleunder applicaheIavv,theplicystallbodes, rut toindudethat
provision or sL&pat held to b e i nvalid bxt all other praisers stall rerran in fUI force ad effect.
16.CFO CE CF LAVV FCR-M
(a)Choice of Lave.The Inared admowledgesthe OxrpEry has underwritten the risks covered by this policy and clot arri red the prerriun charged therefor in
reliance xpon the lave affect ing irterests in real property and app!icadetothe i rterpret at ion rights,re r>des,or a foreare is of pd ides of title insra me of the
juice lct ion where the Lard is located
Therefore,thhe cart or an atit rat or stall apply the law of thejLYW ct ion where t he Lad is located to dderrrine thhe validty of darra ageirEt the Tit le or the lien
of the Irexed Mortgage t hat are adasto the Ire red and to intep et and enforce theterrrsof the policy.In neither case stall thec DL t or alit rat or apply
its oo flids of lav principals toddamnethe applicable lam
(b)Cdoe of FbrLm Any lit igat ion or other proeaedrg bxougt by the bared against the Qxrpay met be filed only in a state or fedaa cuut wit fin the
I-ited ad as of Arrerican or its territ cries havi rg agxopriatejuiscidien
17.NCMCES,WET—SE NT
Any notioe of damand any oher notice or staterret in writing re}iredto be given tothe Orrpary urda this pol icy mbt be given to the Qxrphary at:
400SmordAvauS th,Mneapdis,Mrrtsfa55401,(612)371-1111.
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