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Home My WebLink AboutLand Use Case.718 S Galena St.0049.2013.ASLU Aio THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0049.2013.ASLU PARCEL ID NUMBERS 2737 182 74 001,12,14,32, AND 800 PROJECTS ADDRESS 718 S GALENA ST PLANNER SARA NADOLNY CASE DESCRIPTION 8040 GREENLINE REPRESENTATIVE BRIAN FLYNN - PARKS DATE OF FINAL ACTION 8.23.13 CLOSED BY ANGELA SCOREY ON: 6.4.14 ermds" File Edti Record Navigate Form Repogs Format Tab' Help lump I Fine Status Fees Fee Summary Mom Ades Attasmers ltnut ng Itisuy y_aluati Ardi Sng Oiam Fields Subrinrts Farcels a Permit type aslu ,Aspen Land Use Permit 0040 2013 ASLU c . ; Address 1718 S GA1ERa: Apy'Sutte', � Gtty ASPEN State C0 Zip Si611 FY Permit Information Master permit i Routing queue aslu0l Applied;0';112013 Peeject Status;Pending Approved Description APPLICAT ON FOR ESA-8040 GREENLINE FOR IIHE DURAtIT CO1100S Issued l EMERGANCY RETAINING 4r'ALL REPLACE45T C1oSed Final F Submitted iR1PPADAMS 818 6226 Clock jRunning Days Expires IO7?12'2014 Owner Last name First name 1 747 S GALENA ST ASPEN CO 81612 Phone Address k;applicant C Owner is applicant? Contactor is applicant? Last name ADAIJS First name TRIP Phone 570192'1116 Oust' :,36 Address l Lender Last name �— First name Phone Address k is ! r: I i ....,... ,.:. .: ._ .. ..: ........ ,_, ._ p Displays the permit lender's address l v E As enGpld3(serve :angel as 1 Qi T GCS 6 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. True North Management LLC• P.O. Box 3645 Basalt CO 81671; 970-618-6226 Property Owner's Name, Mailing Address Lot 14 Block 2 Anthony Acre Subdivision City and Townsite of Aspen County of Pitkin, State of Colorado; commonly known as 718 S. Galena St Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to remove the existing, wooden retaining wall found at the rear of the subject property, and to replace it with a more permanent soil nail and concrete retaining wall This wall will extend onto the neighboring Tauber property. The owner has been granted an easement agreement permitting the encroachment onto the neighboring property. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of an 8040 Greenling Exemption and an Exception to Building Code Compliance; received August 16th 2013. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 22, 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) August 23, 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 16t y of Aug 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director NOTICE OF APPROVAL For an 8040 Greenline Review Exemption and Exception to Building Code Compliance Legal Description: Lot 14, Block 2,Anthony Acre Subdivision,City and Townsite of Aspen, County of Pitkin,State of Colorado Parcel ID No.: 2737-182-74-001 through 2737-182-74-012; 2737-182-74-014 through 2737-182-74-032; and 2737-182-74-800 APPLICANT: True North Management LLC P.O. Box 3645 Basalt, CO 81621 SUBJECT & SITE OF AMENDMENT: 718 S. Galena St, Aspen,CO 81611 SUMMARY: The applicant is requesting an 8040 Greenline Exemption to replace the retaining wall found behind the four buildings that make up the Durant Condominiums. The current retaining wall is failing, and the applicant has concerns that this potential failure could create a public safety concern. The applicant is also requesting an exception to building code compliance that will allow the retaining wall to extend more than 30" below the finished grade, as determined to be necessary for the structural integrity of the improvement. BACKGROUND: This property is located in the Lodge (L) Zone District. The Durant Condominiums consist of four multi-family residential buildings, containing 30 residential units. The first plat was recorded in January of 1969 (Reception No. 13381) with condo declarations. The first supplement to the condo plat was recorded in December of 1969 (Reception No. 138370). In October of 1982 an easement agreement was recorded between the Durant Condominium Association and Christopher Hemmeter (Reception No. 247418), then owner of the adjacent High on the Hill Condominiums, across parcel 3 for Mr. Hemmeter's use of the elevator. In exchange, Mr. Hemmeter agreed to an easement to permit the Durant Condominium Association access to a trail that lies across his land. This easement was updated in November of 1987 to demolish the elevator and relocate it on the Durant Condominium Association property (Reception No. 295105). In January, 2000, the condo plat was amended to change Unit I IC to Unit 12C (Reception No. 439665). In July, 2013 an easement was recorded between the Durant Condominium Association and the adjacent Tauber property to permit the encroachment of the proposed retaining wall on the neighboring property (Reception No. 601692). 1 CURRENT PROPOSAL: The Applicant proposes to remove the current wooden retaining wall that is made of rail road ties and replace it with a permanent soil nail retaining wall with a concrete finish. The original walls were built as part of the Durant Condo project in 1969, and are now bulging under soil movement, requiring replacement. The finished walls are proposed to be artistically sculpted and stained to resemble a rock wall and provide an attractive design. The proposed retaining walls will range in height from approximately four feet in height on the property's north end behind Building A, to up to approximately fifteen feet in height behind Building B, to between six and eight feet behind Building C, and lastly finishing at approximately thirteen feet behind Building D. There is a section of wall between Buildings B and C that was formerly replaced and, being in good condition, will not need to be replaced at this time. The applicant has been advised by its engineers that the slope upon which the subject property is located requires soil nails for the proposed retaining wall to help stabilize the slope, which will be located under a portion of the adjacent Tauber property (716 S. Galena St.). The applicant has obtained an easement (Reception No. 601692) to allow the needed encroachment onto the neighboring property. REVIEW PROCEDURE: • 8040 Greenline Exemption may be approved by the Community Development Director, pursuant to Land Use Code Section 26.43 5.03 0.13,Exemption. • Exceptions for Building Code Compliance may be approved by the Community Development Director, pursuant to Land Use Code Section 26.575.020.L, Exceptions_for Building Code Compliance. STAFF EVALUATION: Staff finds the proposal to meet the requirements for an 8040 Greenline Review Exemption. Retaining walls do not count towards the allowable floor area on a parcel, and so the replacement wall does not add to the floor area of the existing structure, nor will it increase the square footage of areas of structure that are exempt from floor area calculations. The applicant has already met with the Parks Dept. and received a tree removal permit for the property. The applicant will furthermore comply with the Parks Department's tree protection plan, and will be required to submit a formal plan indicating the location of tree protection at the time of building permit. The applicant has indicated the urgency of the replacement of the retaining wall, as the current wall is structurally failing. The retaining wall is necessary as it is in place to control erosion and sedimentation in-a developed area. Staff finds= - the criterion to be met. Staff also finds the application to meet the requirements for an Exception for Building Code Compliance. According to Section 25.575.020.E.5.k of the Land Use Code,Allowed Projections into Setbacks, retaining walls shall not exceed thirty inches above and below the more restrictive of natural and finished grade, simultaneously, for a total of sixty inches. Improvements may exceed thirty inches below grade if it is determined to be necessary for the structural integrity of the improvement. The replacement of the current retaining wall with a more permanent solution requires a sloping soil nail to be placed at an angle beneath the neighboring property. This will 2 serve to stabilize the steep hill and will help to retain the soil on the Tauber property. A sixteen inch overrun is proposed at the top of the retaining wall to capture any additional loose rocks or sediment that may shift on the neighboring property. This exception request is supported by the City's Chief Building Officer as a favorable solution. Consideration of an exception to this criterion also addresses minimizing the visual impacts of the development. The proposed retaining wall is found at the rear of the property, and is obscured from the street by the Durant Condominium Buildings (A-D), which reach a height of approximately 40'. The highest point of the proposed retaining wall is approximately 15', thereby minimized by the building on the property. Staff is satisfied that this criterion has been met. Approval of this application is conditioned upon the following: • Staff will require the applicant to comply at building permit with Engineering Department standards. • Staff will also require the recordation of a new survey which will include the easement locations with the neighboring property. DECISION: The Community Development Director finds the Administrative Application for an 8040 Greenline Exemption and Exception for Building Code Compliance, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request,with conditions. APPROVED BY: troy Chris Bendon, Community Development Director Date ACCEPTED _p4s -3 Tripp Adoms, True North anagement, LLC Date Paul Keatin Mamy"Wominiki Assoc. President Date Attachments: Exhibit A: Site Plan(Recorded) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application(In file) 3 Gary aAa� Exhibit A Site Plan � � N'Co7tmwud fievw rYer�14ebr gmtp(� 1! v High�"MV9 LS/h 717!0 Q '"°'H° 17 fi�4tlO f.4+r Q Y-#—FA.46 L'¢ ® dlon For" LS I{a 7AV W—(1 pan High Orange Construction Fence TES: 1s 4'high conWnctlon fencing will be Oonatructed to of the now rote nl Ing weell�at rWk dua to My exposed droots n 0 protected with Wisp during the prolect b e e M + rya t Rn B� saro µre. Jf.. $ a 4 High Orange Consbudon Fence Oft 44 Clump Faw+ f A teddy. C o Pad Opt �•y � r b W Hlgh Orange Conetrudlon Fence 4 r Y Rat sp.'ra' r fldrrrq <s ry Clump 0 4'High Orange Conetruclion Fe Aspen Exhibit B Review Criteria 26.435.030.13 8040 Greenline Review—Exemption Criteria The Community Development Director may exempt the expansion,remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent(10%)to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent(25%);and Staff Response: The proposal involves the replacement of an existing retaining wall to the rear of the subject property. The replacement walls do not count towards floor area, and will not add more than 10%to the floor area of the existing structure, nor will the walls increase the total amount of square footage of areas of structure that are exempt from floor area calculations by more than 25%. Staff finds this criterion to be met. 2. The development does not require the removal of any trees for which a pennit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and Staff Response: The applicant has met with the Parks Dept. and has received a permit for tree removal on this property. The applicant has further indicated existing trees will further be protected with temporary fencing and wrapping exposed roots in burlap. The Parks Dept Staff requires a formal plan indicating the location of tree protection as part of the building permit. Staff finds this criterion to be met 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Response: The purpose of the application is to provide protection for existing development in area that already experiences erosion and sedimentation. The proposed retaining walls are replacements for existing retaining walls that are beginning to show signs offailure. Stafffinds this criterion to be met 4. All exemption are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1,an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.0. Staff Response: The applicant has not sought any exemptions in the past for this property. Staff finds this criterion to be met 1 26.575.020 Exceptions for Building Code Compliance The Community Development Director may approve exception to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building,fire or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists_ The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. Staff Response: The proposed retaining wall will exceed the allowable 30"above and below grade that is the maximum permitted by Section 26.575.020.EMeasuring Setbacks of the Land Use Code The highest point of the retaining wall is approximately fifteen feet, behind Building B. The four buildings that make up the Durant Condominiums reach a height of approximately 40 feet The applicant's engineers have determined this to be the height necessary to safely retain the soil on this sloped section of the property, while allowing a 16"above the finished grade to catch any loose soil or sediment that may sluff off from above. The City's Chief Building Officer has reviewed and agreed with the plans to install a more permanent retaining wall, which will extend beyond the permitted 301; into the neighboring Tauber property. The applicant has recorded an easement agreement with the owners of this neighboring property to allow the soil nails to be placed on their property, at a depth to exceed 30". The retaining wall is located at the rear of the property, and is not easily viewed by the general public. The applicant has proposed to design the wall in such a way as to make it appear sculpted to resemble a rock face, thereby creating a more attractive, as well as practical, design. The soil nail and concrete retaining wall will provide a more stable structure that is expected to outlast the current wooden style wall. Staff finds this criterion to be met. 2 Memorandum Date: August 6, 2013 To: Sara Nadolny, City of Aspen Planning From: Brian Flynn, Parks Department Re: The Durant Condos - Survey ------------------------------------------------------------------------------------ A) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines.A formal plan indicating the location of the tree protection will be required for the bldg permit set.As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection is prohibited at all times B) Tree Permit: 1) If a tree(s) is requested for removal,the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid on site or cash in lieu per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts, which include but are not limited too; depth of excavation, distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. JUL 1 7 2013 The Durant Condominiums CI"FY OF ASPEN COMMUNITY DEVELOPMENT Emergency Retaining Wall Repair & Replacement Address: 718, 728, 738, 748 S. galena St. Aspen CO. 81611 8040 Greenline Administrative Review Owners Rep:Tripp Adams—True North Management (970) 618-6226 P.O. Box 3645 Basalt CO. 81621 tripe @truenorthmangement.net t ® e ° Im pro Vem en t Survey Pla t .t 1t`+•-a A`a' \f� qt of nS WOODS � AapM SUBD/NS/GW old 1 PLAT BDLYC 2A PAGE 250 The Durant SOUTH GALENA STREEr CONDCNlNUMS / ✓ �l ty of Aspen en PLA7800K 9 PACE 20 "K / LDT 2 Pl tkII2 County, Col era do nppir RvOOS ;V �•'r•...;1r �.rJn #`.. ;,�=Fn /: J vrOny EassmMr SUBDINSIOV 1 Book 342 Page 838 Sr" d 1 � s� �" , +°,i; ( ✓ PLAT BOGY!2A PAGE 250 w t�. ` "0' `+. 1 ti Legend and Notes. t i L�,'',``-�. '•°+d'at: �� J 14'CottMwood 1 fwSind 3710 ow LOT J - C3 Indlectes found mmument as described I° /• ,7. S ;,s/^� f11(yy CS N�ar 1 nPPL£Wi7pD5 .-•. Im,. '� i Lot PPLE KVCY4 - 6 hdlcotes set No-5 Rebor&Cap Marked LS 33636 /1X2722 Q F e g65 9� l PLAT BOOK?A PAGE 250 - Dots of Su,,ay. March, 2072 p / unrr of Measurement- US Sey u Foot 1"=1000' ti /.�yay r , / Dus to snow co m✓a- the dote of survey some impror+nMta may not be sAown. 797D - *4r 1I Leger/oasartptfon: 3 .mod 7HE DUNK'occcrdthg to the Condavndr an,Moo thereof recorded January 6, 1969 In Plot Boa*3 at LEPfND- � r 1' STIB,•£CT PROPERTY LINE -47;.- / •� Page 376 and Supplemental Mop recorded h Booty 4 at Page.36 and further defined and described by ""'"'\ J✓" / Condcvnhlum Declaration for the Durant recmYed January 1.; 1969 to Boa*238 of Pegs 968 and F/rst --------ADJGN/NG PROPERTY UNE ✓ $ •a,, /f ` Easement B 511pp/emMt thereto recorded December 18, 1969 h Boa*245 at Page 102 and F4-et Amendment to the / Book Pa 437 F7rat Supplement recorded January 19, 2000 as Rec*tibn Na 479665 - - EASEMENT LINE t`�L1 �. ✓J,�' i% /i P17KIN COUNTY x FENCE ,v y T ✓ - Bear»gs ore based upon found Nay Rebars&Red Mastic Caps marked LS 16129 along the eostedy line of (V� sold parcel, us/ng a boaring of 5543100E between the two dmcr/bed monuments as shorn hereon. -------OICRHANGAWID'E s - _ _ T —UND£RO70UND 7ELEPHCJE LINE �✓ j -City of Aspen&p/tkk County Zon/ng: Zone L T Ad�bknhg Pr*-fy Subject CAT"— UNO£RGZOUND CABLE N UNE f l -E/eraatkxn datum: NA 1929 -tom` to Easements A&Bas S — UNDERGROUND 56'µ17t UNE `- S I J ! \ - Book�439 of Poge 467. 1 yea•flood p/oh y set fie site is situated M Zone "X• wvoe detarmhed to be auts/de 500 )per FIRM prepared b �&t►LV 7975 q T/ fEMA, Community Pond Na OW97CO203C,£f6ecNW Date vtrne 04, 1987. —W — UNDERGROUND WA 7ER LINE ll' e � ✓.�" w pub MP �,,j O or other encumbrances of roeani.tA#Inform berMh an to ownxsh' eosemen is or other encumbrances of N T 8agk of ttom�-- Y 4Preaen y yor to determine ownership n to diwo_easements GAS— UNO6R0Q0UN0 GAS LINE EIaK J2Y J C7 Q� O Easement B / p hg p --E --- UNDERGROUND EZECTR/C UNE `per D/o `' — �B 0�st3to IO Book 459,Page 457 L Cove o.s been taken from/rvfarma nNS Rgwd Issued by P/tk/n County 7764 Inc. dated January 05,2012 as O J/ d Met" ___ haWwtae 0-227 e'ooe(no hatahhg) r O / �v / m 7, / (1 '`�. fins property Is sub/act to the following exceptlns per sold nHe Commitment _. n / ti - - - -Q l HIGH LW THE HILL hdootes`°0-JO.i slops �J _ ! r+i CdVDOV/NUMS L 7,R1¢It of the proprietor of o va/n or/ode to extract or remove his ore thxefram, should the some be found PLAT BOCK 7 PAGE 85 to Penetrate or Jnte•'sect the y g ha5mtas JOT and sveate-algae - - pan promises hereby roofed as resa-vad In United Stoles Potent recorded/n - 7980 Book 175 at Page 298 Eoernent B Bk 45R'sage 37 / 8,All of the m/nerds,minero(deposits, oNs ad gases of every kind and nature under/ytng subrHcl property, together with the right of Angress and egress for the purpose of prospecting far,mining and rsmoNng the :_ ` `-•j 9 /r M• - f( �IJJ//w 1 some, os reserved to Spar Consolidated Mtnes Company by instrument recorded May 21, 1956 In Book 184 at Page 45 Avower&Ub7ity Easement A 9.Resfrlctlans, which do not contain o forfe/ture or reVe!'ten cNouse, as contained in instrument recorded!n Book 439, Page 437 / Book 206 of Page 436; as unpaved upon subject property by Instrument recalled Jonuwy 29 1963 in kV- ,4 8 Spdiuce(2) /I Be.*213 at Page 344. U `+v ,avq� IC Term; conditions proofs/MS and obligations as set forth in Articles of/ncaporat/n for The Durant - ---� - ,�g9 �- ,p�.N Bldg. L F •°a�� / Condo nkium Association recorded January 6, 1969 as Reception No. 133701. c Pao/ Pe bt 'Y g B Nq��p� 11. Easements rights of way and o8 matters as d4idosed n Plots of subject property recorded In Plot Book J o� I?g /%L^� / at Page 376 and Supp/ementaf Plot recorded In Plat Boa*4 at Page J6. 12 Term icon/t/M4 prokstng obl19atiann4 easementg restrictions and assessments as set forth 17 the 4• patio hq r s,Eaaemert B CndomM/um Dec/aratkin for Durant Cndamhlams recorded January/J 1969 fn Book 238 at Page 968, POW RSV � - / Book 439,Page 437 and Fkst Supplement recorded December 18, 1969 in Boo*241 at Poge 102, and Fftt Amendment to the House 3• / ;"I / 1 Fhst&pplament recorded January 19,2000 as Reception No.4J9664 de%ting thereliam My restriction lndkoting Preference,Awltatfn or dtsorm/natim based on racq colon rallgiM, saX handicap, A6ml/iol !1'Ra�ire l status or national ongh. .` 1.I redo; conditions,PMWSkna and obligations of Easement Agreements rearded in Book 439 at Page 467 �p UN£TABLE UNE LENGTH and Book 551 at Page 485. M' BEARING F 0) Bldg. P _� Easement B L1 N 3'7000'W 6. 6' Csna• Bock 439,Page 437 L2 N 15'00'00'E 4. 14. Termg cond/tions,proyslna and obligations as set firth/n Rules and Regu/oflMS recorded,knuary 16, L3 I 54W`00'E 1.02' 1998 as Racept/m No. 412614. L4 Ra Al 7451,115,w FIFTH AVENUE L4 RECORD N 7500'00"W frJ SURb£1'ORS W?797CAM- CONDOMIf/UMS !�.=_ Easement 439 B LS S 3.5 9'0 "W .27' /,JEFFREY ALLEN 7UM-&BEING A PROfMaVAL LAND SYURVEYCR iN 7HE STA7E OF COLORADO, DO HEREBY PLAT BOOK 3 PAGE 59 i ` , Book 439, Page 437 CERTIFY 7HAT WS IMPROVEMENT SURVEY WAS PREPARED FROM AN AC7VAL M0VU4/EN7E0 LAND SURVEY O`•7HE 05° -- PROPERTY CORNER MONUMEN7S BOTH FOUND AND SET,UNDER MY DIRECT SUPERHSYOV AND CHEMINa NAT I 3005 J CURVE TABLE IT 7S CORRECT 70 THE BEST a'MY BaUEF AND IONOMLEDGE AND THAT ALL D/AmNsms, Bom LINEAR AND CURVE LENGTH I RADIUS TANGENT CHORD BEARING DEL TA ANGULAR HERE OE7ERM/NED BY AN ACCtWA 7E COVTROL SYURVEY/N NHE R Dµ}!1G1 BALANCED AND IXOSED 3p / C7 70.6 ' 90.00' 37.28' 6888 N 3 79' "£ 44'593" N17H1N A L/M/T Oc 1/N 15000(NN/Gt G10MpL/ES•IN7y C'OCgfA00 PRIESS/OIVAL STANDARDS fOR A LAN SUTWY PLAT AND 7HE CURRENT ACCURACY STANDARDS FOR ALFA ACW LAND 77nE SURVEYS):/f!/R7Afw CERnFY THAT 7HE 7MPROV£MENrs Cw THE"A80V£D£SYNe£D PARCEL OW IVS DATE APRIL A 201J,EXCEPT 1 U77L.IrY CONNEC7709S ARE ENIIRELYµ17N 1N 7HE BOUNDARIES On-77C PARML EXCEPT AS SHOµN, THAT THERE / O ARE NO EN080AG/ME`VM LPG✓THE"DESCRIBED PREMISES BY/MPROV£MEN73 ON ANY AOJO/N/NG PROWIES _,�1 Easement B / EXCEPT AS INDICA=AND rHAT 7HERE IS NO APPARENT ENaENCE OR 57GN ac ANY EASEMENT CROSSING OR HIGH ON 7HE HILL 0"*434 Pogo 457 GRAPHIC SCALE BURomw ANY PART Or SND PARGET,•EXCEPT AS WED. COVDOMIAWS i I PLAT BOOK 7 PAGE 85 w p�'OG.REG;arF IN M7 p::�µl.fA•.....90 / 1 hwh-20 K S J36J8 I DA 72f / hro Tb7Tlfe SlUff.YING SBRMFS 727 Blake Avenue 7M e Galena Street D—bX ✓W 1 Improvement Survey Plat norms. ern. a� 6/enwood Spfings, Co/ofodo B1SO7 w •r= as a •_,•v»or a�+�+•r a r.•.=•+••�••�ice•r••vim• (9703 928-9708 (FAX 947-9007) Dsee: 04 0413 City of Aspen, PUkin County, Colorado d'ino ftJ7�'br-user°'., of 1 U J J City of Aspen G P.S ,06' N �Gormisch&Hopkins (D a _ ) n A Top Bock of Curb I1J E/ev 7984.85 Vv S'S bOOp E O24"Cottonwood Found rebor& Ye//ow P/ostic Cop 4'High Orange Found 15710& rr 19 Found rebor& Ye//ow P/ostic Cop X78 Di onstruction Fence LS '? e /No. 1018 t�N Radius T ry0 SprucePpr m"(4) spun ^,, �High Orange Construction Fence ,o h en 0/o ry0 a E B �' o O h " t O A b' o/e O' mo° N m op/e NOTES: � 5 4'high construction fencing will be constructed d R. y ,� to preserve trees on site st risk due to construction z Did s Me Sp— \ ^ s e 5" of the new retaining walls.Any exposed roots will be yh p y protected with burlap during the project. O y a y Water v Eo e m 0 v°/ U ve p vy66y'85°' nt iY Curb Q Stop t C s Meter �^I55 ` 1 Top Bock.2 Curb e 15.°Bldg. B� ; pP n E/ev 7978.29 en 6" y 8- op/e mop/. Electric I, D w p I Meters ono h 0 6.7 y P n9" �' 0 Lril L4 J s545 4'High Orange Construction Fence v spruce As °io \ o ec erJClump Trees t—o ewer r \ p B 0 S ruc / J ruce p 'jo N24 es &U i/ity Easement A k 39, oge 437 0• A' Aspen N2•Sb0- 9' odius A �b-`T`3Jr 10 Bldg. C o T sph `LO .S P a Pool Pe es" 0 a" °s of rsr19 sr!c Cq qh 1 'moo y0 ao4 r X08 0° 4'High Orange Construction Fence 0 5 11 Rodi A� �� y'Sh ov Spruc 0 o �wo.a 8 T R°d. 10 Spruce A10 B 00 Bldg. P N s nO o `r • rsr19 ".� h echerry Clump 00 B ent sA9�1a,y CONSTRUCTION MANAGEMENT 4'High Orange Construction Fenc z PLAN TREE o . sPe PROTECTION 0 Aspen E'a enf L-1 .5 e e • e Cly of Aspen V C P.nS A6 J C10 isch&Hopkins w m N V 7 \`Top Bock of Curb g yE/ee 7964.65 LOU s�5 bpppF LEGEND COMMON—E BOTPNICAL NM,E pMOONT SIZE ei �+ EXISTING OEUDOOUS TREE � V`�5j4• :71 EXISTING SRPUCE �. M ASVEN RORULIS TREMLYDIDEG 33 2"CNPER Y. � gMOR MOAE'FlAME' A2A GINWLLA'RAME' 1 SL'BRB Sy 9' 3 OMIGTRIIII COFRER ROSE ROSN BICIX.OR 23 YS •.\ C — •.©.', LMG—GR4995 M. iW SpiN[.9 O e 1 Z �' s !� A K s a — 2 c � o wa s, m`o y m 0 ❑ o z of O to Q Q U � R.. 4 9quc. ❑ 9 J� _ PoN,o• � � r �Pon9' O g f Q Nco4 SP I n. a5 rGPo e• n 5' O 9 'JLPoNT 12' / ° O °m n( O �$ �>�1 a�9vaR Venrxr A s— Eo e"�ent r. B •• CR.iry Ee6m of N Npen 13• ,,,, �• LANDSCAPE TREE "'Pe 9 Ese enf MITIGATION L-2.2 City a!Aspen G P.S y6 E-1 �Z�n,islh&Hopkins J Top Bock of Curb E/ev. 7964.65 W nay>, 9r • n4' 4 5' .W EOS men p B b �m 0 N Of O 0 LEGEND (n v A Ep e/h of 0 Gammon Name Botanical rrema Amwni 5¢e C O i'. C r. YE.mu�y napan {Op U •� � �]E,—e spruce ❑ �%;• a3 1, �O y-y�Amur Xtaple Acer ginaia 1 5'3'B6B � '� �•�mo Wi �(�/Aapan Gop9us Vemubidas 51 ?•Capper ;y•• '\ O Aesnian GoPper Rene Rosa Ipanna bkobf 23 N5 o �5,`° y� �LeW cra.Nan.•.cragaea � � ❑ � � � �Gartlens V X06 n F •6. 4 W ,} AI.f9 wpAlae WNL9 • b' r�c°° b f 0. Eo Bmen! i t fo RP'Sar W- enf LANDSCAPE PLAN L-1 .3 NO �EkSTI - J ~_ .GENERAL NOTES: EXRMlC71MBER - "-d 'a 1. EXISTING CONgTIONBI3URVEY PROVIDED SYTUI'TLE SURVEYING. ALLS ro,REMAIN-i BRIDGE _ _-TIE SOL NAIL WALL 6Tro 2. THIS DOCUMEW HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET ULTIMATE 1$�� TO K RMYID ld, �_ 1 0�\\ /./ GRS(�O� ALIGNMENT OF SOIL NAL WALL. PROFIT 3. EXISTING CONTOUR INTERVALS ARE AT I-FOOT. BE REWV0 / '+ j �'ii y r�=f� t4 / I mac_ 4. TOP OF WALL ELEVATIONS TO BE FIELD SET;PROFILE BASED ON IF1 TCONTOURS. .END SOL NAIL WALL AT 6. BOTTOM OF WALL ELEVATIONS HAVE BEEN SET ATA MINIMUM OF 18JNCHES BELOW EXISTING ��CONCRETE WALL ANgOR PROPOSED FINN GRADES AT BOTTOM OF WALL. S. SQUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMATE,MEASURED FROM TOP OF WALL TO `�BRROE �LQL 3 ;.. y r _ ® BOTTOM OF WALL /' 7. ALLEXISTINGBRIDGES TO BE REMWEDAND ASSOCIATED WALKWAYS WILL BE CLOSED OFF SEE �` �� '/- L ��•.� / .\ �5 I PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE 1 ___ �Cpl�-LOO STING fiMBER. Rra0•�IP ' 8. ALL INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR WRING CONSTRUCTION. Q _ 1 __ ._RETAINING WALL �.e�,__ •�. / \ WALL 9 ALL EXISTING DRAINAGE PATTERNS TO REMAIN. q 2Z78'`� � -I".�-- � ` �-- - '�� - ,�•`+� _ I � / 10.BRIDGE EASEMENTS PER BK.70.PG.82. _ ^ R12.C�1_ -- --' - - D' 9•F +6D ,J CT y/�/ 11.15PT PURUCTRAILBK S,PG,376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN SURVEY \�'� O+„Iw888"'lll 1}O+ _ 1F •�_ _- - - ! _\ //y L` ENGINEERS,INC.DATED JUNE 7,18056 FILED AS BIC 40,PG.998 BK.T.M.85. } z IN � GRAPHIC SCALE }} - _ U ; p / CR�� 11 VE 4'O 1001 \ \ __ _ "DUILDING B: O ��,�I 'O °' -ON �1NV LIFV.N-73B LOX / 1 inch- 10 ft '{x 7 " p.nn°• 1 ,�,�• �•� -�� _ -- - - -= � �r --GQNCRETEIN�MN6 i» /f4 L�F.4'O LOX� � �_�1Nja1 � 14--BUTO. G—A— �f26t.� , (� �� \ .• E- 4 --ROUTE bLBSURPACE DRAp� I 'i -\_• / — , \ / •/ I _PI E_.ro_LANDSCAPE AREA_F- - / / 1 T- 1v <p NO W Tn z $o - 7 I- (I NV ELE7 79B1..ft)) r $ / / \ \ aa�a aaw«Ee,a,�aaaK wx 'Z o g n BURY END OF PIPE IN rE eeOw°.eMOw+iui rM e.•.e Z -NOMINAL Iem=RA-P y y_ Ei __/ / 7� U g o^ '7- / - ---z- BUILDING A & B SOIL NAIL WALL PLAN VIEW �rA., a \°�I i � »a»wwaanaaxaa� NOTES � �?� � laouwxmuaurwx SECTION A-A CONa`P1C"O» �4{�' � _ $ � a *1e' xm.axaAwoawenr.u.a,aa rASe a VEHICLE TRACKING CONTROL (NOT TO SCALE) 227 \�i- -- 8001 �, Wpn Y C33 33 ¢33 1�-p0 N� <30 Fa30 O. O ,qOp pl^ N n + 3 ¢oo H e q . 8000 m EXISTING EDGE O - N m - - 16- APP OXIMATE 20 FA' . - 5 \ 7986 - WALL-7,4503 S.F,... �501L-NAII:'k'ALL nr "\ -i• 7892 PROPOSED BOTTOM OF - A WALL/SUBSURFACE ORNN LINE _ IDWALK � A A 7988 OF SIDIWAU K 'T -� " - - o PROPOSED VEHICLE PROPOSED BOTTOM OF y �� TRACKING CONTROL 79 smwexrnnc«iooIr NN_ouuerex 'JU BSURiAEE-DRxlf✓-G D DENCF DA7T1N LLA'V EDGE OF SIDEWALK 0 7980.00 _ STA: 1+76 �n�O OWAPOINI'OF BOTTOM PPOAED ol� anFmn�Twx otpuizi v>HMUanr�ioexelno. m ELEV=7987.53 g TOW 800"3-+ 80033-+ (SEE PLAN FOR ROUBNG OF B SUBSURFACE DRAINAGE. 00 �rsrto1 ^rauwuwr �m f+DO 2+00 axlearA.�.aarr 7ao DEn BUILDING A & B SOIL NAIL WALL PROFILE ronTK� 5 LANDSCAPING LEGEND W A-r Maple n LL m SECTION A-A 0 AePan ^^ a APPROXIMATE n o O FINISHED MADE _D . S W z eemu xreoKrtmLlm_eeNAU ealriaru�Tn AuVen CappeRwe FINISHED GRADE _ p� ,uml woonrvawxo ACmnlae. 33 a �lmv Grow Netive(inmm 8008 O x xm ro»xsa htmawweluurnxsinoFamww,carnwsT,FxcaLeroaox coruxur Haan. eao6 aaxaamA„®T.a,AxaAa. O a d J ®c.mwle e ,„eaaa..�r�ax.aalraa,a»n�.aa,»axanara,»aeRa,»aAaa,x�,a�. O z 8004 + Z O a �/ 8004 xrBUNCexmas � 8000 SIDEWALK WOO m y I aevu»PSOnaau+olrt u»s acasaoneExr»caxma ooaaur.owwo,wourenn un er evevrarwe OQ O �j O 2 raa UPaInEAM CFBEaMENI'f drtrtM LOOeaWLee AEwal:pwNENrxe wamENAO[v.x Z FF EL.-7995*7996 - / 7986 _ / T_j n�AUmmacrxauuaroT Q L) Q Z Z aurcw�aal LOaaP WRI ATr�umweoxemumiau,aa�ma+WMlArw»WMl. Z O 7992 / xavau-rArmmAelugolxA wwxetuoxu tnaewou rti ce xnrlrroeaTnrn Z J L 0 uj 7992 / AaL�eo. Aav onnaemAaeAawsra Z n. 0 0 cn cc 0 FF m 3 _ �L—SEDIMENT CONTROL LOG ¢ cn u) LL 79se 7988 (NOT TO SCALR) Q m W 7984 7984 SIDEWALK Q DA77/M ATBP 7980.00 DATUM N0 D!E Z 6aTT 's° CALL BEFORE YOU DIG CALL UTILITY NOTIFICATION ^ •�.(�//yO/� 'GO 1+00 f+28 VERT. SCALE =1"=10' m ,+DO 1+28 •• 0 1-800-922-1987 B ` v..CENTER OF COLOR OR e-a10 HORZ. SCALE =1 =10 ONA emla CROSS SECTION A—A CROSS SECTION B—B pAl2 BU9NE9a DA SIN AmAN¢ DATE: 6111113 iw mieuTBatlACm°ae,R nano rA:uam,RU., JOB NO 12038 ' SHEET 1 OF 2 r-CON7RACTIOR P07HOLE D; C�C upm U TO TIES IN W IN THIS AMA TO MER" T TYIP)., DEPTHa ADAMR40T Or N MAYBE REQUIRED GENERAL NOTES: 77 _k I. EXISTING CONOTONSISURVEY PROVIDED BY TUTTLE SURVEYING. R37.0 If"O LIM 0 2. THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET LTtMkTE ALIGNMENT OF SOIL NAIL WALL I EXISTING CONTOUR INTERVALS ARE AT I-FODT. GRAPHIC SCALE 4. TOP OF WALL ELEVATIONS TO BE FIELD SET.PROFILE BASED ON I-FOOT CONTOURS. S. BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF IWNCH5S BELOW EXISTING ANDfOR PROPOSED FINAL GRADES AT BOTTOM OF WALL. It 1. FOOT OF—IS CON.1-RIii)APPROXIMATE.IVEASURE.—TOP OF IN FEET WALL TO BOTTOM OF WALL 7. AU.EXISTING BRIDGES TO BE RE MOVED AND ASSOCIATED WALKWAYS WILL BE CLOSED OFF PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE. ? PI 31*LF.4'0 I.OX C 70 8 ALL INGRESS AND EGRESS FROIAALL BUILDINGS WILL BE KEPT CLEAR DURING CONSTRUCTOR EVS77NG DRY WML DISCHARGE INTO All.-1-1.DRAINAGE PATTERNS TO REMAIN fq IDDSTING VIET WELL I INV 0". 799--- 10.BRIDGE EASEMENTS PER SK.14,M.32 BUILDING C.- t ll, 15fT PUBLIC TRAIL BK S.PG.376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN CONNECT UNDERDRAN SURVEY ENGINEERS,INC.DATED JUNE 7,1995&FILED AS SK.40,PG.N SK 7,PG.85.. (INV FLE%l 79928*) @ TO 4 DISC14ARGE PIPE (SEE NAIL WALL PLANS BY YEN AND ASSOCIATES,INC.) EVS77NO BRIDGE\�\ EXISTING SRI To BE REMOVED o PROPERLY LINE(TYP) LANDSCAPING LEGEND P' —7 <�� N omec.®evvrre.ocaaveweo�c.�ory ,�� / / I — / B f �— � A, 0.0'' �Amur Mepe 0 Ausfilan COPPeT Rm Lm Gw NaWe G- GImd.. UR z R 0 0 Moe NOTES WALK 0 2 z a .Z= SECTION A-A APPROX LOCATION OF SOIL NAIL WALL TERMINATION. VEHICLE TRACKING CONTROL EXISTING SHED (NOT TO SCALE) (TO BE REMOVW) SLOPE FROM EDGE OF CONCRETE TO EXISTING svo GRADE AT 2:1 MAX OR PLACE SHORT LANDSCAPE WALL 141HERE 2.1 IS NOT FEASIBLE sv!) 0 TRACTOR TO POTHOLE UPPER ON OLE UTILITIES IN THIS AREA TO VMIFY DEPTHS ADWSTMENT OF SM NAILS MAYBE REWRED NAIL WALL ALIGNMENT 8020 Bole 4 TT 80126 H A ., a END WALL AT PER SOIL NAIL APT �2.1021 S.F. 90. PROPOSED VEHICLE ac: tBk TOP OF WALL TO MATCH FIN EXISTING GRADE TRACKING CONTROL BOW-7997.56 8( PROPOSED TOP OF OF FiNISHED- ------------ 7. L a -VI—T—M 79 8 u A PROPOSED FINISHED r Loo To,_MNH. GRACE 7992 TOW-8607.33 BOW O DA TUN RLEV STA: 1+66.63 7990.00 ENO OF BOW 3•BELOW FINISHED GRADE EL=71961 NEAR BUILDING -BEGIN TRANSITION TO 16'MINIMUM DEPTH BELOW FINISHED GRADE FOR BOW. LL 1+00 BUILDING C&D SOIL NAIL WALL PROFILE 2+00 25ECTION A-A Ow, oes z U) :5 VERT. SCALE 1"=10' m IL 4. 1 0 a- _J 3.6, APPROXIMATE NWlEtTHEMAMNW _j 0 z 8020 HORZ. SCALE 1"=10' 44 FG SOIL FINISHED GRAD 0 NAIL f 15 8016 0 0 _J 0 44 'q_ r- SIDE 0 8012 H 2 8016 W16 S77NC SIDEWALK Z 0 U �g + GROUND 21 fl W12 It N IT 8008-1 T" 8012 1`_ uj cl) r- I / z I �EYJS77NO _600- _u of m VI Rm FF EL I BOOD p GRACE U) 0 SOOS Boos SEDIMENT CONTROL LOG w 'PROX LOCATION OF TELE 7M T TO SCALE) 0 Lu LINES ASSUMED 3' (NO A -BURY DEPTHS, 8000 1NG-ANI GROUND 8004 ID 4 R SPEC77VELY.CONTRACTOR FF 7992 Z C_OLE EXISTING -.:, , I < 7996 8000 PROPOSED IXI I I'LACING -799 r-- -A = S IL 7908 z Fr EL ORE 7992 7996 or c'DATUM AWV 7996 APPROXIMATE 7984 Ei 7990.00 DATUM ELPF LIATUV ELFF DATIEW ELEV _F At..377 7990.00 7990.00 7960.UU +00 DATE: =11113 BUILDING C SOIL NAIL WALL PROFILE (LOWER WALL) 1+00 1+00 1+00 JOB NO. 12038 CROSS SECTION C-C CROSS SECTION Ql.-Ql CROSS SECTION L2-Q2 SHEET 20F2 May 19,2013 City of Aspen Community Development 130 S.Galena Street 3rd Floor .Aspen, CO 81611 j THE lIDuR4NT CoNDDmi vitimAssocL4Trov,a Colorado nonprPft corporation (the "Association");_application for Installation of Retaining Wall at Tke Durant Condominiums,Aspen,Pitkin County, CO(the 11P o ert3r") To Whore It May Concern: The referenced.Association is responsible for managing the common elements of the Durant Condominiums. The Association hereby authorizes Tripp Adams of True North Management,LLC,a Colorado limited liability company,to submit an application on behalf of the Association to install retaining walls and soil anchors in the hillside above the Durant Condominiums,as outlined in such application, and to represent the Association in meetings with City staff and review bodies. If you have any questions or need any additional information,please do not hesitate to give me a call. Very truly yours, Tz NT CO 'N O Ntu n Asst�c �parr By Paul g'\P dent' PKlfp cc: Mr.Don Shapiro Mr. Tripp Adams V 710' n c AUSTIN, PEIRCE&SMrM, P.C. Attorneys At Law boo E.Hopkins Avenue Suite 20,5 Aspen,Colorado 81611 Telephone: Frederick F.Peirce (970)925-2600 Facsimile: Thomas Fenton Smith (970)925-4720 Email Addresses: Daniel J.Sullivan fpeirce@aps-pc.com tsmith @apspc.com dsuttivan@aps-pe.coni May 17,2013 CITY OF ASPEN CONIItMIT Y DEVELOPMENT 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: THEDtrrc"rCQ.vno.MTiwmAssocL4HON, a Colorado nonprofit corporation (the`Association'q Application for Installation of Retaining.Wall at The Durant Condominiums,Aspet4.t'&M County, Co ftke IIEL+ er 'q To Whom It May Concern: This office represents the referenced Association.711re Durant Condominiums is a condominium project created under the Colorado Condominium Act.Accordingly,the common elements of the Durant Condominiums are owned by the owners of units in the Durant Condominiums as tenants-in-common and are managed by the Association,through its Board of Directors and its officers,in accordance with the governing documents for the Durant Condominiums. Hence,the Association's Officers and Board of Directors are authorized to act on behalf of the owners of units within the Durant Condominiums to submit the within Application addressing the Durant Condominiums' common elements. Tire Board of Directors has designated its President, Paul beating, and Mr. Doll Shapiro as the board members responsible for dealing directly with. the Association's project manager, architects, engineers and contractors. Further, they have authorized its project manager, Tripp Adams of True North Management, LLC, to act for and on its behalf in connection with the processing of the referenced land use application. AUSTIN?P'EIRCE&SMITH P.C. Attomeys At Law CITY OF ASPEN COMMUNnY DEVELoPMENT May 17,2013 Page 2 If you have any questions or need any additional information or clarification, please do not hesitate to give me a call. Very tidy yours A.usuNT,PEIRcE&Ste,P.C. By Frederick F. Pei1rce FFPths cc: Dr.Paul Keating Mr.Don Shapira Mr. Tripp Adams FASIss A-LOURANTICcanmurvty OevdQPMOM 5-17-13 Le9R!et.doc RL x CITY OF ASPEN :JUL 17 PRE-APPLICATION CONFERENCE SUMMARY ITY ®F ASPIY:r ;QTY DEVELOPM PLAi11NER Jessica Garrow, 429-2780 DATE: 5.13.201 PROJECT Durant Condominiums(718, 728, 738,and 748 S.Galena Street) REPRESENTATIVE: Tripp Adams, 618.6266, triortruenrrtrsroanao�t.net Brandon Watson, 927.4038, arar don0pruddconstruriion.co€ TYPE OF APPLICATION: 8040 Greenline Review, Exception for Building Code Compliance DESCRIPTION: Durant Condominiums are a set of four building located on one parcel of land located in the Lodge (L) zone district. The property was developed in the late-60s to early-70s. The buildings currently exceed maximum allowable height within the Lodge (L) zone district, and may exceed the allowable floor area. In the Lodge zone, 100% multi-family buildings developed prior tp 2005 are limited to a floor area of 1:1, and a height of 28 feet. Front,side,and rear setbacks are 5 feet. The prospective Applicant has indicated they need to update the retaining walls along the slope. The existing railroad ties are no longer functioning and anew retaining wall system is needed. The existing walls, as well as the proposed upgrades; are located within the setback. The Land Use Code includes a provision that the Community Development Director can administratively approve changes to a building that exceed the underlying dimensional requirements "to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings'when no other practical solution exists." (See Land Use Code Section 26.575.0201) This is an administrative approval. The Chief Building Official has indicated that the proposed walls meet this threshold due to the existing conditions on the site and the elevation of the ground floor,though verification will be required as part of the land use review process. In addition,the applicant has indicated that portions of the wall and the soil nails will need to be located on adjacent properties. Easements for these are required, and must be shown as part of the land use application. The property is located within 150 feet of the 8040 elevation line, and is therefore subject to an 8040 Greenline review. Based on the project scope presented by the applicant, the project qualifies for the 8040 Greenline Exemption process, which is administrative. In order to qualify for the exemption process, the project can result in no more than a 10% increase in floor area AND no more than'a 25% increase in exempt space, cannot be affected by any geologic hazards, and cannot result in increased erosion and sedimentation. In addition, a tree-removal permit from the Parks Department for any trees proposed to be removed is required. No floor area increases or changes are proposed as part of this application, and the applicant has indicated they will receive the necessary tree-removal permits from Panes. Parks and Engineering will be a referral on the application. A copy of the Land Use Code is available online at: ht__tE.11ww v.asoenriitl -com/DepartmentslCornmLin tv-- Devveldpm��nV !annintr-acrd- onincr/Title-26-Land-Use-Coda A copy,of the Land use Application Form is available online at: � lwwt r.as er oit in.comiPortalsl0fdocslCit riCornde?r!Ap s°��20ar d%20Fees/2013°/X20)and�/�20use`/`20a pp)�1�2Oform odf Land tJse Code Section(s) 26.304 Common Development Review Procedures 26.435.030.1 8040 Greenline Review Exemption 26.575.020.E.5 Calculations and Measurements— Measuring Setbacks, allowed projections into setbacks 26.575.020.L Exceptions for Building Code Compliance 26.711.190 Lodge (L)zone district Review by: - Staff for complete application and compliance with the Land Use Code - Referral agencies for technical considerations(Parks, Engineering,Building) Public Hearing: No Planning Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at$315 per hour) Referral Fees: Engineering ($265 for a 1 hour deposit—work beyond 1 hour is charged at$265 an hour), Parks ($650 flat fee) Total;Deposit: $2,215 718 S. Galena PID: 273718274800 8040 greenline!ASLU Z. The development does not require the removal_ of any tree for wtlivri a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 4.1 All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.0. 26.575.020 Calculations and Measurements E. Measuring Setbacks. 5. Allowed Proaections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: k) Uncovered porches, Landscape terraces, slabs, patios, walks, landscape walls, earthen berms, re6giUjgg wczll..s, steps card similar.structures, which do not exceed thirty (30) inches vertically above or below natural grade or finished grade, whichever is more restrictive. (Also see Chapter 26.410— Residential Design Standards for limits on the location of berms.) Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). 26.575.020 Calculations and_Measurements L Exceptions for Building Code Compliance~ The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing,buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. Cheers, Jessica Jessica Garrow, AICP Long'Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.a penpitkin,cor'r - - - - - - - - - - - - - - - - - - - Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. if you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. if applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 2013 - /AsL REC E I v JUL 17 2013 ATTACHMENT 2-LAND USE APPLICATION PROJECT: crry car OF ASPEN 202At Name:' V' � �nlltl.+st5 v .r f Location: I sro Indicate street address,lot&block num er,legal descri Lion inhere a ro riate) Parcel ID#(REQUIRED) APPLICANT: Name: Address: !=e�• t� C r� Phone# ZZ REPRE EN-FATTVE: Name: /J X12 G — i,2 J Address: Phone#: Z TYPE bF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Revievv ❑ Subdivision ❑ Conceptual SPA ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margm,Hallam Lake Bluff, condominiumization) Amendment) ,Mountain View Plane ❑ ;Conimercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ residential Design Variance ❑ Lot Line Adjustment Other: , ❑ Conditional Use EXISTLJNG CONDITIONS: (descri Lion of ems!iEg buildings,uses,previous 22provals,etc.) u, r PROPOSAL: (description of ro oseyd. \ h buildings,uses,modifications,etc) Have you attached the following? FEEs DUE:S ❑ Pre-Application.Conference Summary E?-Attachment#1,Signed Fee Agreement [~'Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plates 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 3-1)model. RECEIVED JUL 17 2013 Agreement to Pay Application An rPi' a rfit be keen tfie CitJ of Ayoen tom_m Property Durant'Condominium ssoc, f_one O�:(09701)518_-6226 ' € ; r n3 ' r ni Address of y $ t w$ • jj ^ rIE t .PY{7e'ty: Address: 0l � (subject f Aspen, CO 8111 1 (Send'bibs here, application) I understand that the Uty I'aas adopted, vla Ordinance No , Series of 2011,review fees for Lard Use app ications and the payment of these fees is a condition precedent to determining application:completeness. 3 understand that as the property owner that€aarn responsibile-for paging all fees for pis development application. or at fees and,referral it-es.-l agnae to pay tie fot's'Q"cving fees for the servjcps €3ad!cated, alnd£:t'S'€c,nd 1£hatthese gat fees are non-refundable. ridable. 0 flat fee for —Select Dept � � � Seiect,Dept f€a t ee.car 1 a for 1 0 � Select Review gat. h at fee for For deposft vases only: The Gily and 1 Understand '#1Zz, betyause of J'ic si;_a, nature or scrape of:Ile proposed project,it is not possible at bats time to k aovi the full extent or total costs involved in processing the appSicaiion i understand that additional ousts over and above the deposit may accrue. t understand and agree that it Is i mpractiGatrie rot, City staff to cdmpset e f eview, and presentation of suftlent information to enable legall,,required findings to be ride for p re,fect=^:$,si .crwtini:,v less i rf pan+ees are pa;d in fzrli, The Citj= and l understand an'd agree':Tint B'`somas mai4 :d by the Cit 'to the above listed biiling address and not netts€°reed to the City shall be considered b{the City as being received by me,; agree to remit payment within 30 days of presentation of an invoice by the City fir such sen ices. l-alc ltd @ f€,understood, at9 A C�9rLc3 to alY�La3'�rf CfSG evil P�� ar[icyx#no?�dits�Cdr S�CpL4eiIC�S£'or non-payment I agree Ito pay>the follo s � i deposit am o 's fort he Spech�ed,h i :a of staff toy . t 2¢dersi n h payment a .s°t'a4 de-host; n ,s at4 i h �, .` x� tome � der stand c�t t p�,ra��ttt of a deposit does not i-er der an application complete Jr orrlp!,ant--Mth approval criteria, if actual recorded costs exceed the initial deposit, r agree to pad adoitionat monthly bi ings to the �.it'y to rembuise the OPty for the processing of my application at the a ourly rates hereinafter stated. Ff deposit for hos.rs of Lon'o-vun. ty L.''°uelopmeni Department staff time, Additional tisrae alto e he deposit annount tads be billed ar$3z pea I- 1 . 11. 5 deposit for hours G_Engineering Department staff ti ne.Additional time above t'r°a deposit mount will he billed at$265 per hour. City 01- spent Property NVner° X ` Chris. endon Paul K t ing ; orn muniiw Development L7irector Ala fiat _ Witte: Durant Condarn .r Board P itM ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Praject: DULLY+. Appli cant: Location: ;zi8 S": •t��< � l� f3 a� Zone District: 06 6-E- t"4 Znn /D,-ST 44�:7- Lot Size: Lot Area: (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water inarl:,easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:___ Proposed,-__. Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed. _ Proposed %of demolition(Historic properties only): d9MENSIONS: r�lrns Floor Area: Existing: Allowable:_ Proposed.• J Principal bldg. height: _Existing:_ Allowable:__- Proposed.- Access. bldg. height. Existing. Allowable: -.... Proposed On-Site parking Existing:_ Required• Proposed- % Site coverage: Existing. Required:_Proposed: % Open Space: Existing:_ Required Proposed Front Setback: Existing: Required Proposed. Rear Setback: Existing: 0f_Required.• ,S`� Proposed- 0_A_ Combined FIR.: Existing: Required-_ Proposed- Side Setback: Existing._`_,`Required•___-_ :" Proposed•0 - Side Setback: Existing: { " Required.—_ Proposed: © i, Combined Sides:_ Existing:__ Required: __Proposed.•-—Proposed:- Distance Bemeen Existing Required: Buildings Existing non-conformities or encroachments: Variations requested: Tripp Adams From: Jessica Garrow <jessica.garrow c<cityofaspen.com> Sent:°- Monday, May 13 2033 2:23 PM To: tripp @truenorthmanagement.net;Brandon @ruddconstruction.com Subject: 718 S Galena Land Use Application Attachments: 2013 Fee Agreement.pdf,718 S Galena Durant Condominiums-8040 Greenline Exemption.docx Follow Up Flag: Follow up Flag Status: Flagged Dear Tripp and Brandon, I've talked with our zoning officer and reviewed the 8040 Greenline dimensions. The property is located within 50-100 feet of the 8040 greeline,so you do need to make a land use application for that exemption (26.435.030.6). Also, I got confirmation that the walls are not reviewed under the foundation footers,soil nails,and similar features, but are instead reviewed under a separate section detailing retaining walls(26.575.020.E.5.k). That section limits retaining walls to 30 inches in height,which doesn't work with your plans. However,we have an administrative variation process that we can use to approve the walls as you've shown them. I've talked with Stephen Kanipe,and based on his meeting with you this morning he believes this falls under an exemption for building code compliance(26.575.0201). So,the pre-app is for the 8040 greenline review as well as an exception to setback requirements for building code compliance. Let me know if you have any questions about the review process. Attached is the pre-app and agreement to pay form. Because of the 2 reviews we do need to charge the full application fee-if some of the planning time is unused you can request a refund. The pre-app outlines all the forms that are required as part of the application. It's best to include a cover letter outlining what you're doing and why. You will need to respond to review criteria for the 8040 Greenline as well as the dimensional variation due to Building Code compliance,which can be part of that cover letter. That code language is below. The official land use application is located online at: htt ww.as en itkin.corn Portals 0 does Cit Corrdev A sr�20and%20Fees 201.3%201and°fo20use%20a p%;20for, There is a dimensional sheet that you'll need to fill out. Please fill in the setback information as that is most relevant to this application. if you don't know the other dimensions that is fine and you can leave them blank. Let me know if you have any questions about filling the application out. So the next steps are for you to make the land use application. It will then be assigned to a planner and you'll work with them. It will be referred to Engineering, Parks,and Building for review. It is up to the building department if they will accept your building permit while the land use case is pending. You should talk with them at the pre-submittal meeting, or follow up with Bonnie or Shannon,about it. The review criteria to respond to are below: 26.435.030. 8040 Greenline review. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1., The development does not add more than ten percent (10%)to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and r D t-d.'�'h"�,� -/z� X�C l✓�C:67�'Dz.a � IlLe _ i CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THr C:Ir OF Aszvn Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application.Fee Policy,Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the intemet ate -- . oeg�at: � , City Departments,City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also,depending upon the complexity of the development proposed,submitting one copy of the development application to the Case Planner to determine accuracy,insufficiencies,or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development,it cannot possibly replicate the detail or the scope of the Code: If you have questions which are not answered by the materials in this package,we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director,the project is expected to take significantly less time to process than the deposit indicates, A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicants request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit,the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final` approval all billing shall again be reconciled prior to the Director aiccepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted,an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner(e.g.a contract purchaser) regarding payment of fees is solely between those private parties. ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets.'All drawings must include an accurate graphic scale Type of Review App.Submission Requirements Process Type(See Process Number of Required Submittal (See kcy on page 9.) Description in Att.S) Packets 8040 GREENIINE REVIEW 1-7,8-10,35 P&Z 10 8040 GREENLINE EXEMPTION 1-7, 8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8, 10, 11, 12,35 P&Z OR ADMINISTRATIVE(Based 2 for 0 Admin.,10 for P&Z on Location) STREAM MARGIN EXEMPTION 1-7,8, 10, 11, 12,35 ADNIINtsTRATwE REVIEW 2 HALLAM LADE BLUFF REVIEW 1-7, 13, 14,35 P&Z 1.0 MOUNTAIN VIEW PLANE 1-7, 15, 16 35 P&Z 10 CONDITIONAL USE 1-7,9, 17 P&Z 1.0 SPECIAL REVIEW 1-7,Additional Submission Req.depend P&Z ld on nature of the Special Review Request. SUBDIVISION 1-7, 18, t9,20, 21,35 P&Z,At!'D CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 1.8, 19,20,21,35 CITY COUNCIL 10 LOT LINE ADJU5TMEi'VT 1-7, 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7,23 P&Z,AND CITY COUNCIL 20 WIRELESs TELECOM. 1-7, 16,24, 25 26, 27,35 ADMIN.OR P&Z 2 for Admin.,10 for P&Z SATELITE DISH OVER 24"IN 1-7 ADMIN.OR P&Z 2 for Admin.,10 for P&Z DIAMETER RES.DESIGN STANDARDS 1-7,9, 28,29,30 P&Z OR DRAG 10 VARIANCE GMQS EXEMPTION* 1-7,Additional Submission Req.depend ADMIN.,OR P&Z,AND/OR CC 2 for Admin.,10 for P cat Z,20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) &Z and CC CONDOMINIUMIZATION 1,31. ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL-P&Z,AND CC 20 for P&Z and CC(Submit FINAL-P&Z,AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P&Z,AND CC 20 PUD Ah1END117EN"I' 1-7 ADMIN.,OR P&Z,AND/OR CC 2 for Admin.,10 for P&Z,20 for P (BASED ON AMENDMENT TYPE &Z and CC SPECIALLI'PLANNED AREA 1-7,35 CONCEPTUAL—P&Z,AND CC 20 for P&Z and CC (Submit SPA FINAL-P car:Z,AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN.,OR P&Z AND CC 2 for Admin.,20 for P&Z and CC (BASEL?ON SIGNIFICANCE OF Anik;NDR-1EN'L' TEMPORARY USE 1-7 ADMIN.OR CC(BASE+'D ON 2 for Admin.,10 for City Council DUPUTION TIME ACCESSORY DWELLING UNIT 1-7,9 ADMIN OR P&Z(BASED ON IF 2 for Administrative.Review THE PROPOSAL MEETS REVIEW STANDARDS REZONING 1-7 P&Z AND CC 20 DIMENSIONAL REQUIREMEN'T'S 1-7,34 BOARD OF ADJUSTMENT 9 VARIANCE * Consult with a Planner about submittal requirements. ** A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT'Q- SUBMITTAL KEY Land Use Application with 1.1 Accurate elevations(in relation to system in the area of the proposed Applicant's name,address and telephone mean sea Ievel)of the lowest floor, subdivision.The contents of the plat shall number,contained within a letter signed including basement;of all new or he of sufficient detail to determine by the applicant stating the name,address, substantially improved structures;a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.06D(3).20. of the applicant_ which any structure is constructed;a Subdivision GIS Data, demonstration that all new construction or "2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation,collapse or size. and type of proposed landscape development is proposed to occur. lateral movement ofanv structure to be features. constructed or improved;a demonstration S.;. A disclosure of ownership of the that the structure will have the lowest 21 A subdivision plat which meets the parcel on which development is proposed floor,including basement,elevated to at terms of this chapter,and conforms to the to occur,consisting of a current certificate least two(2)feet above the base flood requirements of this title indicating that.no from a title insurance company, or elevation,all as certified by registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado,listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments,liens,easements,contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty(50)percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear(slope)of the parcel. for the Development Application. All vegetative screening shall be 21 The precise wording of any maintained in perpetuity and shall be proposed amendment t 4,An S 1/2"x 11"vicinity map locating replaced with the same or comparable tfie subject parcel within the City of material should it die. 24. Site Plan or plans drawn to a scale of Aspen. one(1''inch equals ten(10')feet or one 14. Site sections drawn by a registered (1") inch equals twenty (20') feet, 5i A site improvement survey including architect, landscape architect, or including before and"after'' photographs topography and vegetation showing the engineer-shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas,support structures,transmission registered land surveyor, licensed in the top of slope, and pertinent elevations buildings andlor other accessory uses, State of Colorado. (This requirement, or above sea level. access,parking,fences,signs,lighting, any path thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations of the uses within one-hundred fifty(150')feet. the project is determined not to warrant a development,including any rooftop Such plans and drawings should survey document.) equipment and how it mill be screened: demonstrate compliance with the Review Standards ofthis Section. "6\ A site plan depicting the proposed 16. Proposed elevations ofhe `layout and the project's physical development,including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7.y",,' A written description of the existing and proposed features which are Commission(FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One(1)inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision,all Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two contours,with five-foot to the applicant,comnionly known locate on an existing wireless intervals for grades over ten(10)percent. landmarl s,and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/interference (9)Proposed elevations of the development properties are located. analysis and capacity analysis and'a brief statement as to other reasons for 46,,3 description of proposed 19. A plat which reflects the layout of success or no success. -construction techniques to be used. the lots,blocks and structures in the proposed subdivision.The plat shall 28. Neighborhood block plan at 11. A Plan with the I00-year floodplain be drawn at a scale of one(1)equals one 1"=50' (available from City Engineering line and the high water line. hundred(100)feet or larger.architectural Department); Graphically show the front scales are not acceptable.Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36)inches.If it is necessary to place the the street in feet. Identify parking and plat on more than a one(1)sheet,an index front entry for each building and locate shall be included on the first sheet A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the (5`. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and inciude minimum. 29. RoofPian. maximum, and average- illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique,specification,and/ the block,including present condition of or light level ifthey exist. the subject property. Label photos and �� mount on apresentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four(24)inches by thirty-six(36) inches with an unencumbered margin of one and one-half(1 1/2)inches on the left hand side of the sheet and a one-half(112)inch margin around the other three(3)sides of the sheet pursuant to Land Use Code Section.26.1480.090. 3Z. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description ofthe proposed land uses,densities,natural features,traffic and pedestrian circulation, off-street parking,open space areas, infrastructure improvements,and site drainage. 33. An architectural character plan generally indicating the use,massing, scale,and orientation of the proposed buildings. 34. Awritten description of the variance: being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process'which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the . complete 'application and the appropriate processing fee to the Connnunity Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified A memo wiIl be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for 'recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application,is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s)"will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice(one copy provided by the Community Development Department)to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional.), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval.,you may proceed to building permit review. During this time,your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review(this might include a check of floor area ratios, setbacks, parking, open space and the like).; Fees for water, sewer, parks and employee' housing will be collected if due. Any document required to be recorded,such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. Total Number of Application Copies: 4 Copies To'zkpply, submit the following information: Total Deposit for review of application: ,r Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ,. 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. `. Signed fee agreement; 6; Pre-application Conference Summary. T An 8 1/2"x 11" vicinity map locating the subject parcel within the City of Aspen. 8, Proof of ownership. 9 Existing and proposed landscaping/tree-removal plan. 10_Existing and proposed wall location, including easement locations. 141. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11: All other materials required pursuant to the specific submittal requirements. 12), A site improvement survey that includes all existing natural and man-made site features. 13; Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk(CD)-preferred, Zip Disk or Floppy Disk, Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing sununary is advisory in nature only and is not binding on the City. The suinnnaTy 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 All 0001 ,= 060 'Lt I I to = vy m t pn� y.. f k x a.. N . ' 2 8 � JOP "-� 1 ,a ••'? Ab. € tae too a S F ,,. µ � '„ } : �-x s" �(�}�- FOR PARKS USEONLY EtCSptt�deia: d'� 4UF diTla CMI t JNO. ??? --^^--- H "C tai spp taiap a3 �tiea - ._ Parks Offlc ' 10MO.51?(l Ices t'nid: tetu 'a l � fnt Fax_ 970,9?t3.S12s 'lease provide the information pfo* ether vit your check payable to the'C�°o A.�pgn " ' n.the anion t; least~cheek th uppro Hate to o In (Note;Application s 'M oot e processed until the appl eat i€n fee is plaid.) 0 15 flan-constructio related. a/'ree Removal Permit . 11 construction related Ida i Liecaviitx 11 Outline/SketchlDra Nving€�fproperty#o it3clatde: i�lerr>re rt��c�a Tll O ezlx%es}" Property address. b) Property boundaries, c) Locations of buildings on the prc�pert '. 0 Location diameter,and species limes on property and desi�tiate with arrows or circles which trees arc to be rem'ved. Site address 'tN sip ,8) List trees to be re 3,oved,,species'cand diameter at 4.5'above.grade. City Forester will define tree"values during site:visit utilizing the folloNving egttation I��ax valise=$41 x�:I�x(1 12) I3=Diameter of try ill inches at 4.5'above`grade . I easot7 far Fernival f "35} i` iti2atioll PI�aa f relocation oftrees o replacement as refprerwed iai 4s}�er� 1��araicip�Code fee, 13,20(c)], Please A1-D46 the Property Drawing: (TWO cop er ueedeel). " a)"Location ofreplaceinent/relocation frees. b) size and specieiof trees o be replaced.. c)`Professional cost`estin;ate ufplanting(nursery stock,delivery,and installation). ) Ustimated Start late of Prgject t` r Person rest onsible for ptbject(applicant) Property Owner ckedtiu prt�,ti Naatte of Architect or Construction Representative(fie�t grbit) Address Company natns 1 horse: Fax. Phone:. s l £i = Fax: h � nes's signature . Date signatt§re of,,Rae,prese6tative Bate FOP, USE 11111"ILY E, MUST 8E PO TED O PRO i�', U ING REMOVAL ---------- ................. ............... I { Dpi Li Protectio � as defined n Cif 'od . S{ Z F �:1xi .ac.F.5 1 airs z DRIP = DRIP cwt t rszrx AT-rcar^cm nK OrrSLDe Ar T REE D LNE 'E..: •."„-'��..... 'tl`ttiL�9 GrhAP Cif? s� E ��G:�CS�, f . E Property Tree Inspection: Chris Borman �'- Forester, City of Aspen ` date 3 r . Stephen Elisperman Director Perks and Open Space. Date Pentit Valid for one year after approval date, 3 {gE t k� I t gS, 'A' i Ee> i� 3 a 3 rv� n. MUST IMP POSTED C)N PROPERTY On June Ittne 4,2413,Chris l orrfzan,Aspen City]Forester,performed an onsite inspection ofthe property located at 718'Soc th Galena.Street,the Durant Condominiums. The applicant has requested the removal of several trees in order to remove,the existing retaining walls.'which are failing on the backside of this multi-farnily propertyj. The work to be noire is on a very steep slope and most trees found on this slope are native shrubs or aspen trees. Access to the construction area will create the need for removal of two blue spruce in the front portion of the" property„otherwise,the front of the building and its landscaping will remain intact. The ; submitted site survey has assigned rurarbers to the trees requested for removal zvliich correspond ' to the trees flagged in the field. This permit will utilize that saine numbering system in.,circler to provide clarity. y� t% The trees requested for removal have been assigned a value using a standard formula developed for all trees found within the City of Aspen. The formula is as.follows: Nralue=$41.04(7t)(Dl2)12,where D=diameter ofthe tree at breast height..The folio grig YOU. describe the above-mentioned trees and the appropriate measures to be taken: Trees 426 and 27 are blue spruce with 9 zilch diameters. They are located in front of the building and are requested for removal in order to access the construction zone: They were plaited under the overhanging structure and are quite possibly in,the worse place } possible for trees to;groin. They should be removed regardless of the construction project, No mitigation is required for these trees. Trees#F12, 14, 15, 18, and 19 are all native maples growing as multi-stem.clumps in the retaining wall area. Trees 15 and 18 have broken and/or dead stems with ably small suckers for live crown. These will not require mitigatiot . Trees 12, 14,"and 19 have multiple stems of code size and will be reziroved with full mitigation die totaling $2,703:56. « Trees 41,2,5, 10, 11, 13, 16, 17,23,24,25 are all aspen ranging in diameter from 6 to 12 inches. All of these trees are in, the construction zone and'exhibit at least one of the �0,, following issues: standing dead,girdled by retaining wall,advanced Cytospora canker,. ;rowing against the building, broken top(s),e posedlinad quate rooting,or poplar barer. " These trees will be removed with zero mitigation due. " Trees#20,,2 1,and 22 are all aspen with diameters of 9,9 and 1O inches. They are also within the construction area but are in somewhat better condition than the aspen mentioned previously. These trees have minor structural defects which'could possibly'be remedied via pruning efforts. Otberwisc they arc trees in.good,Health. They will require 'V2,mitigation value dine to structural defects totaling$4,216.24., ` ® 'frees##3 and 6 are aspen with diameters of 7 inches each. They are within the construction zone and will be removed with full mitigation due totaling$3,154.14. � r Total mitigation due for these removals is$10,073.94. The applicant has subrnitted a planting; plan which will partially mitigate the approved remocals. An additional$823.94 will be due as a cash payment to the Parks Department to fully satisfy the mitigation requirement. Payment is due prior to the release of this permit. � � o- U��'D..,�' `' ,�,' avt " ". < :'+ z, r &: f '� r < k a s��*.v¢ �,,.- ,»�a.o .✓ a ,:". a � �� gf {J a z ;,ry r The folk win;criteriamust also be met with construction. A construction fence must be erected along the entire dripline of all trees on site..This fence h is to be constructed in such a manner that the area inside the dripline.i.s prttected �...,. .. � � .J s,.,ti� ,.� Al 5,- .ux ., 7 "Y' E E) r w .. __.�. .��..� ,.., w ,._- ,R�Z ray_.._.✓-.✓x a. N > No materials may be stored,within this protection area,including but not limited to, construction bacl 11,construction traffic,or any other construction materials, ? No excavation within this area maybe performed without the consent of th City of Aspen l orester'or his designee. :P- Site inspections shall lie perfar�ned on a weekly basis,to ensure the above listed conditions" are met. r Any unapproved improvements or activities outside of those dpproved within this permit will be subject to mitigation in the form of restoration. > `lads permit mast be posted can site during the construction process. Any roots cut during excavation shall be pivned with sharp,lbppers/pruners back to the soil line. The roots will further be protected Uy burlap draped over the side of tl e excavation c+averuzp the c),-posed.roots' This burlap shall be kept moist until the excavation is back-filled. All trees adjacent to this construction project rnust receive supple nental watering during the El months of June through I$eptember according to the following chart: , ;malt gees ire t. r roes, Weekly in Gal!$nth 4 �sz � ,:2Xpe,,Month 15 Gaftcli , ar rr IT 1411 v I t 1 5 Ad 15 75 99 106 minutes f � minutes --- -- �� 75 99 105'�t minutes s minutes rx � 3 i 5 385' S3 minutes minutes s 10 . 15'' �� 3b 7e. 90 105 minutes, minutes 4 d^ 3: ply .718 South Galena Aspen, ColoradO Bate. April 19, 2013 , B1i 0 FORIANDScAPING BOTANICAL NAME', COMMON NAME CITY. SIZE NOTES UNIT COST T'OT'AL COST TRESS&SHRUBS: J Ayer ginnala Amur Ma le 1 6'B&B B&S glum " $i 20.00 $ 250.00 Po alas tremuloides" As en 30 2"CALIPER " B&B $ 3(10.00 $ 9,013Q00 t' Subtofa{ $ 9,250:00 r. BID TOTAL: SAL: t $ $2£0.00 f ! t i ........ .., raw..-.. � Durant Condominium Association 718 South Galena St, Aspen,CO 81621 July 15, 2013 Aspen Community Development Attention:Jessica Garrow Re: Durant Condominiums Emergency Soil Wall Replacement - Property&scope of work description: This letter is a narrative of work that is required for the emergency repair and replacement of the wooden retaining walls at the Durant Condominiums located at 718 South Galena St. in Aspen.The existing walls are positioned directly behind the four buildings looking East.The four buildings were built into the hillside in the 1960's and the retaining walls were built at the same time.The existing walls are built in wooden cribbing style and are made of recycled railroad ties and range in height from three feet high to twelve feet high. Above the walls at the top of the hillside is a house owned by Mr. Tauber which was originally built as part of the Durant Condo project, but was subdivided and sold off as a single family residence some 30 plus years ago.The retaining walls are bulging under soil movement in many places and there is much concern that it could only be a matter of time before there could be a catastrophic failure if not replaced. The recommended engineered solution is to replace the wood walls with a soil nail retaining wall that will have a shotcrete or sprayed in place concrete over 6x6 wire mesh with a final concrete artistically sculpted and stained wall made to look like a rock wall, similar to what you may find next to the highway down valley. Zoning and setbacks: Because of the developed property's age, this is a non-conforming property. The property is in the "L" Lodging District Zone and has a five foot setback around the property. Because the Durant and Tauber property's one subdivided years ago, the existing wails cross into the setbacks as well as cross the property line and go on to the Tauber property behind all the buildings and the new retaining wails will also be constructed on both the Durant side of property as well as cross over into the Tauber property. Included in this package is a signed easement agreement from the Owners of the Tauber property with The Durant NOA. The new walls will range in height from about four feet high on the North end behind unit A, varying heights behind Building B up to fifteen feet high, steps back into 2 smaller eight and six foot walls behind Building C to thirteen feet high behind Building D. The top of the walls will expose about sixteen inches above finish grade to catch any dirt and small rock sluff off.To put this in perspective,the buildings are over forty feet high and dwarf this area and as a note,this ;. area of work cannot be seen from any place in town unless you walk behind the buildings. The wooden retaining walls in between Buildings B and C were replaced 30 years ago when an elevator was installed to allow the house uphill access and are in very good condition and will not be replaced. Fifteen to five feet above new walls there is an existing utility easement and trail that feeds electrical,phone and cable to only the Durant buildings. Owners Rep: Tripp Adams True North Management, LLC tripp truenprthmanagement:net P.O. Box 3645 Basalt,CO.81621 {970}618-6226 Jennifer Phelan From: Jennifer Phelan Sent: Monday, July 22, 2013 3:41 PM To: 'Tripp Adams' Subject: RE: review of Durant Condominiums application Sorry, our administrative assistant did not provide me with all of the drawings in the case file she gave me. The survey and drawing set were shelved with the extra application copies. Sara Nadolny will be our planner. Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Tripp Adams [mailto:aspentripp(@comcast.net] Sent: Monday, July 22, 2013 10:53 AM To: Jennifer Phelan Subject: RE: review of Durant Condominiums application Jennifer, There was 4 sets of plans that had the improvement survey as well as the location of the retaining walls, engineered plans for the soil nail wall work and landscape plans and tree removal. These are also on the CD. I went over all this with Jessica in the pre-app and she said this meets with what was needed. I am not sure what else you need. Thanks, Tripp James "Tripp" Adams P.O. Box 3645 Basalt, CO 81621 (970) 618-6226 www.truenorthmanagement.net 1 -----Original Message----- From: Jennifer Phelan [mailto:iennifer.phelanOcityofaspen.com] Sent: Monday, July 22, 2013 10:30 AM To: tripp(@truenorthmanagement.net Subject: review of Durant Condominiums application Hi Tripp: I reviewed your application for the retaining wall replacement and the biggest issue that I saw is there are no drawings showing the site or scope of work. We need the additional information included in the attached letter to be able to review your application. Let me know if you have any questions. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Jennifer [mailto:iennifer.phelan(@cityofaspen.com] Sent: Monday, July 22, 2013 10:11 AM To: Jennifer Phelan Subject: This E-mail was sent from "PRT-CityHall3-Ricoh4000-Elevator" (Aficio MP 4000) . Scan Date: 07.22.2013 10:10:34 (-0600) 2 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 19, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0049.2013.ASLU—Durant Condominium Association. AYour Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1) Survey of the site. 2) Site plan/elevations showing location/height of the proposed retaining walls. 3) Responses to the review criteria noted in the pre-application conference summary. 4) Landscaping plan associated with tree removal permit. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha k You, Jennifer P&Jln, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No ><A Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging TAE41NG WALL SYSTEM EASEMENT AGREEMENT THIS EASEMENT AGREEMENT` "Easement Agreement')' 12th � is made this day of July . 2013, among THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non- profit corporation, (the "Association") and JOEL D. TAUBER, INDIVIDUALLY, JOEL D. TAUBER, TRUSTEE OF THE JOEL D. TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated, BENJAMIN B. TAUBER,, ELLEN HORING and JULIE MCMAHON(collectively"Tauber Property Owners"). WITNESSETH: WHEREAS, Tauber Property Owners are the owners of certain real property that is legally described as follows: Parcel A: Condominium Units 1 and 2,HIGH ON THE HILL CONDOMINIUMS, according to the Condominium Map thereof recorded May`4, 1979 in Plat Book 7 at Page 85 as Reception No. 214169, and as defined and described in the Condominium Declaration for High on the Hill Condominiums recorded May 4, 1979 in Book 367 at Page 942 as Reception No. 214168. Parcel B: Access and Utility Easement as set forth in instrument recorded in the Pit kin County records on January 31, 1978 in Book 342 at Page 838 as Reception No. 201553, subject to the terms,conditions and limitations sat forth therein Known by street and number as: 716 S. Galena, .Aspen, CO 81611 (the "'Tauber Pr.aperty„} WBEREAS, the Association is the entity responsible for management, operation and control of the common elements associated with The Durant(a Condominium) as set forth on the Condominium Map thereof recorded January f, 1969 in Plat _Book 3 at Page 376 and the Supplemental Map recorded in Bonk 4 at Page 36, and ftuther defined and desc-ribed by Condominium:Declaration for The Durant(a Condominium)recorded January 13, 1969 in Book 238 at Page 968_and First Supplement thereto recorded December 18, 1969 in Book 245 at Page 102 and First Amendment to the First Supplement recorded January 19, 2000 as Reception No. 439665, all as recorded in the Pitkin County real property records (the "Association Property"}, and, WHEREAS, the Association Property is adjacent to the Tauber Property and such properties have existing mutual easements; and, 2533336.2 W REAS, the Association has been advised by its engineers that the-slope upon which the Association Property is located requires installation of retaining walls and sail nails to help stabilize the slope upon which the Association Property is located, portions of which will have to be placed on or under a portion of the Tauber Property; and, IVMREAS, the Association has determined to proceed with the installation of the retaining walls and soil nail systems proposed by its engineers to help stabilize the slope;*and, WHERjFAS,subject to the terms and conditions hereof Tauber Property Owners agree to grant to the Association,for the benefit of the Association Property and the Tauber Property, an Easement along and Outside of the southerly, easterly and northerly boundaries of the Association Property and on and under the surface of the Tauber Property for the purpose of constructing, 'installing, improving, maintaining, repairing and replacing the retaining walls and sail nails (the "Retaining all System") as described and defined on the following documents as approved for project permitting and attached-hereto-as Exhibits'A thrrugh. F, and as may be subject to minor or non-material changes pursuant to approved change orders (collectively" referred to herein as the "Retaining Wall Plans"): Exhibit A, that six page document entitled Timber Crib Wall Replacements with Permanent Ground Nail Walls, prepared by "Yeh and Associates, Inc., elated 0$.16.12, Rev.05.24.13; Exhibit B, that two page document entitled Erosion Control flan,prepared by Sopris Engineering,Inc., dated 06.11.13;Exhibit C,that eight page document entitled Bridge Foundation Plan, prepared by Albright & Associates, elated 06.14.13.; Exhibit D, that one page document entitled Landscape - Tree Mitigation, prepared by Elite Land Design, LLC, dated 06.12.13; Exhibit E, that two page document entitled Construction Management Plan By Rudd Construction, dated 06.28.13, Referencing: Improvement Survey Plat, prepared by Tuttle Surveying Services, dated 04.04.12, and Tree Protection, prepared by Elite Land Design., LLC, dated 04.19.13; and Exhibit F, that six page document entitled Construction Management Plan Narrative, prepared by Rudd Construction, dated 05.03.13, all. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the terms, conditions, covenants and mutual promises contained herein,the parties hereto agree as follows: 1. Grant of Easement. Subject to the Association's compliance with Section 3(b) of this Easement Agreement,Tauber Property Owners hereby grant unto the Association a perpetual non-exclusive easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under a po on cif the surface of the Tauber Property adjacent thereto as described an the Retaining Wall Plans for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining,walls and sail nails as described and defined on the Retaining 'Nall Plans, }permanently installed on and under the surface of the Tauber Property to serve and benefit the Association Property and the Tauber Property (the_ "Easement"). This Easement includes the right for the Association to access the portion of the Tauber Property located between the uppermost retaining walls, as shown on the Retaining Wall Plans located on the Tauber Property and the Association Property, by whatever means reasonably necessary, for purposes of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails: as described and defined on the Z 2533336.2 Retaining Wall Plans. It is expressly understood and agreed that the Retaining Wall Plans were prepared by the engineers for the Association and the Association makes no warranty, representation or opinion with respect to;the design or operation of the Detaining Wall Plan.The Association may utilize the Tauber Property encumbered by this Easement, above and below the surface, as is necessary;to construct, install,improve, maintain,repair and replace the Permanent Ground Nail Walls as outlined on the Retaining Wall. Plans. The Association represent.- and warrants that all work shown on the Retaining Wall Plans shall be performed in a professional and workmanlike manner at its sole cost and expense and free from defects in materials and workmanship. Further, the Association shad, as reasonably necessary,maintain the walls and all areas appurtenant thereto in a neat and professionally landscaped manner and condition consistent with the Retaining Nall Plans, including specifically the Landscape Plan and the Erosion Control Plan. Prior to the commencement of any work on the installation of the Improvements described on the Retaining Wall Plans, the Association shall obtain from all authorities having jurisdiction in the premises any and all permits and approvals that may be necessary in order to carry out the work as well as requiring that all contractor's obtain Workmen's Compensation Insurance for each individual performing services thereon and provide proof thereof to Tauber Property Owners before commencement of the work. 2. Payment of Costs and Expenses. In consideration of the Easement granted hereunder, the Association shall reimburse Tauber Property Owners for all of their reasonable out-of-pocket (a) attorney's fees and expenses incurred in connection with the negotiation and preparation of this Easement Agreement and the transactions contemplated in this Easement Agreement, and (b) engineering costs and expenses incurred in connection with the review evaluation and analysis of the proposed Retaining Wall System, which will include Tauber Property Owners'expenses in firing an engineer to review and evaluate the proposed Retaining Wall System prier to the Association connmencing any work on the Retaining Wall System, and periodically reviewing the ongoing excavation and installation of the Retaining Wall System, to verify it complies with the Retaining Wall Plans, and to review and approve in writing any changes thereto prior to the Association making any changes thereto on the ground, all as set forth herein. It is specifically understood, as a condition of this Easement Agreement, that the Association shall undertake no work on or under the Tauber Property at any time unless Tauber Property Owners and their independent engineer has approved such work in advance and in writing. The Association shall pay these reimbursable expenses within fifteen(I5)business days of delivery of a statement therefor from Tauber Property Owners. The review and approval by the Tauber Property Owners and their independent engineer shall not in any way limit or otherwise diminish the obligations, representations and warranties of the Association or its contractors, architects and engineers to the Tauber Property Owners, which obligations, representations and warranties shall continue undiminished at all times. 3. Indemnification and Insurance. a. The association shall at all tunes remain solely responsible for and shall indemnify, defend and held Tauber Property Owners absolutely blameless and harmless from and against any and all losses (to person or property), damages, claims, demands, costs of defense (including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted occasioned by, arising in connection with or in any manner resulting from 3 25333361.2 the 'grant of the Easement., including without limitation, damage to the Tauber Property and any improvements thereon, any drainage or sail stability problems or alteration of the historic drainage patterns or slope stability that occur as a result of the Association's installation of the Retaining Wall System, and including the installation, design, operation, improvement, repair, replacement or maintenance of the Retaining Wall System, any mechanic liens and/or construction or related activities performed on the Tauber Property or otherwise by the Association, its contractors, agents and assigns, except to the extent caused by the Tauber Property Owne-rs. From and after'the date of execution of this Easement Agreement,. the Association shall maintain in full farce and effect comprehensive general public liability insurance (including contractual liability) against claims for bodily injury, death or property damage occurring on, in or about the Tauber Property, such insurance to afford protection of not less than $2,000,OOO.O0, combined single limit per occurrence. Each policy of insurance shall be issued by companies of recognized financial standing authorized to issue such insurance in the State of Colorado, naming the Tauber Property Owners as additional insureds and shall be written as a primary policy which does not contribute to and is not in excess of coverage which the above named individuals may carry. Prior to commencement of any work toward the installation of the Retaining Wall System, the Association shall provide the Tauber Property Owners with current certificates of insurance evidencing such coverage and each year thereafter on the anniversary date of this Easement Agreement. Such insurance shall provide that it may not be canceled for any reason,as it affects the Tauber Property Owners without at least thirty (30) days prior written notice to the Tauber Property Owners. If for any reason such insurance is canceled, the Association shall obtain, before the expiration of the coverage under the canceled policy, replacement insurance with substantially similar or better terms naming the Tauber Property Owners as additional insureds. If the Association fails to obtain such insurance before the expiration of the coverage under the canceled policy, the Tauber Property Owners may obtain a replacement insurance and charge the premiums of such policy to the Association and the Association shall promptly pay such premiums,. b. The Association shall commence installation of the Retaining Wall System only upon obtaining commitments for the appropriate and adequate funding necessary-to complete the entirety of the Retaining Wall System in accordance with the Retaining Wall Plans. Accordingly, in order to ensure the proper performance of the contemplated obligations of the Association, grant of this Easement shall be expressly conditioned upon the Association demonstrating to the Tauber Property Owners to their satisfaction that the Association has commitments for the adequate, ready funding to complete the project in accordance with Retaining Wall Plans and permits. Funds collected from such.commitments shall be deposited in a segregated account with the Association's bank or escrowed in a separate account 4 2533336.2 with the Association's property management company, Frias Properties of Aspen. In either case, the full amoun€of funds in such account shall be available for verification by the Tauber Property Owners at any time thereafter, and funds shall be disbursed from such account only for the purpose of funding excavation and installation of the Retaining Wall System. - 4. Representations of Tauber Property Owners. The Tauber Property Owners represent to the Association that they are the owners of the Tauber Property and as such,have the authority to execute this Easement Agreement and that the Tauber Property is free and clear of all liens, taxes (other than property taxes for the calendar year hereof), encumbrances or other matters that could impair the Easement or result in said Easement being extinguished.. The Tauber Property Owners further represent that the Tauber Property Owners shall not take any action that would prevent the Association from having quiet and peaceful possession and use of the Easement for the purposes herein set forth and subject to the terms,conditions-,covenants and mutual promises contained herein, 5. The Tauber Property Owners' Use of the Tauber PMperty. The Tauber Property Owners reserve the right to use the Easement and the lands below and airspace above the Easement for all lawful purposes that do not compromise the integrity of the retaining mall System, recognizing that grant of the Easement under this Easement Agreement establishes or conveys no greater use or development rights than.may already exist,- This Easement Agreement and the Association's use of the Tauber Property shall in no way impact, limit or interfere with the Tauber Property Owners'development, use or enjoyment of the Tauber Property,provided the Tauber Property Owners' or their respective guests', invitees' or licensees' use of the Tauber Property shall not unreasonably interfere or be inconsistent with the Association's use of the Tauber Property for the purposes set forth in this Easement Agreement. 6. Notices. All notices, notifications,_consents and approvals required or authorized hereunder shall be in writing and shall be-served upon the party entitled thereat either by personal delivery to such party or by certified mail, with postage thereon fully prepaid, addressed to such party at the addresses shown below, or to such other address as may be designated in writing, which notice of change of address shall be given_in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed_received three(3)days after the date of certification or registration. If to Association; DURANT CONDOMINIUM.ASSOCIATION c/o Frias Properties 730 E.Durant Avenue Aspen,CO 81611 With a copy to: Frederick F. Peirce C/o Austin; Peirce&Smith, P.C. 600 E.Hopkins Avenue, Suite 205 Aspen,CO 81611 If to Tauber Property Owners; S 2533336.2 c%Joel Tauber 27777 Franidin Read Suite 1634 Southfield, MI 48034 With a copy to: Jaffe Raitt Heuer& Weiss, PC 27777 Franklin Road Suite 2500 Southfield,MI 48034 Attn: Ira J.Jaffe 7. Binding Effect. This Easement Agreement is intended to run with the Tauber Property and the Association Property and be binding upon and inure to the benefit of the parties hereto and the respective successors in interest to said properties and to burden and benefit said properties as provided for herein. This Easement Agreement shall be regarded in the real property records of Pitkin County, Colorado. 8. Governing Law. This Easement Agreement is made with respect to rights and obligations accruing in. the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado. 9, Remedies for Breach of Covenants. The parties shall be entitled to any and all remedies permitted by law, including injunctive and mandatory relief, for breach of any of the covenants, warranties, indemnities and obligations contained herein. 10, Attorney's Fees. In the event the provisions of this Easement Agreement require enforcement, the prevailing party shall be awarded its or their reasonable attorney's fees and costs incurred therein. 11. Counterparts. This Easement Agreement may be executed in counterparts and, as executed shall constitute one Easement Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. 12. No Waiver.'The failure of either party to insist upon the strict performance of any provisions of this Easement Agreement or to exercise and right or option available to it, or to serve any notice or institute any action, shall not be a waiver or relinquishment for the future of any such provision. 13. Amendments in Writing. This Easement Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pidchi County,Colorado. 14. Deliveries. In connection with the execution and delivery of this Easement Agreement, the Association is delivering to the Tauber Property Owners a good standing. certificate from the Secretary of State of the State of Colorado dated no more than 15 days prior to the date of this Easement Agreement evidencing that good standing of the Association as of 6 2533336.2 such date and a certificate of the secretary of the Association certifying as to the resolutions adapted by the board of directors of the Association approving this Easement Agreement and the transactions contemplated in this Easement-Agreement and authorizing the President of the Association to execute and deliver this Easement Agreement and all documents contemplated in this Easement Agreement. 7 2533336.2 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. THE DURA,.NT COI DOMIhZCW ASSOCIATION,a Calora o,non- of, corporation B Print e: . + 4 VIPUTIWI, JOEL D. TAUBER, TRUSTEE OF THE JOEL D. Title:President TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated JOEL D. TAUBER, Individually BENJAMINB. 'TAUBER ELLEN HORLNG JULIE M.CMAHON AC TtiEIWL OMEI-T s ON FOLLOWING PAGES 8 & STATE F ► C 4 ) ss. COUNTY of� ) The foregoing Retaining Wall System Easement Agreement was acknowledged before me thi _day of t 2013 by Paul Keating as President of THE DURANT CONDOMINIUM ASSOCIATION,a Colorado non-profit corporation: WITNESS my hand and official.seal. My commission expires: pj/ Notary Public S DEBBIE A m HAUER s OP STATE OF } Nf Ca denim Expires 06104412015 ss. COUNTY OF � The foregoing Retaining Wall System Basement Agreement was acknowledged before me this day of 2013 by Joel D. Tauber, as Trustee of the Joel D. Tauber Trust under Agreement dated March 3, 1972,as amended and restated. WITNESS ray hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY QF ) The foregoing Retaining Wall System Easement Agreement was acknowledged before me this day of 2013 by Joel D. Tauber,individually. WITNESS my hand and official seal. My commission expires: Notary Public 4 2533334.2 IN WITNESS WBEREOF, the parties have executed this Easement Agreement as of the date and year first alev-ritten TBE DURANT CONDOMINIUM ASSOCIATION,a Colorado non-profit corporation Print Name: x=d �, �, s �,{' JOEL T ER, TRtSTE Q TIDE JOEL D. Title:President TAUBER'TRUST under Agreement dated March 3, 1972,as amended d restated JOEL r TAUTER;Tndividitally BENJAMIN B. TAUBER ELLENHORING JULIE MCMAHON ACKNOWLEDGMENTS ON FGLLOWEgG PAGES 8 2533336.2 IN'NTCNESS WHEREOF, the parties have executed ft Easement Agreement as of the date and year first above written. THE DU[2ANT CONDOAM91UM ASSOCIATION,a Colorado nonprofit corporation By: Print Name; JOEL D_TAUBER, TRUSTEE OF THE JOEL D. Tine:President TAUBER TRUST under Agreement dated Match 3, 1972, as amended and restated JOEL D. TAUBER,Individually BENJAMVN B.TAUBER ELLEN HORING 3IJi.IE MCMAEION ACI(NOW GNffNTS ON FOLLOWING PAGES 8 2533336.2 LET WITNESS )XgIEREOF, the parties have executed this Easement Agreement as of the date and year first above RTitten. THE DURANT CONDOMINIUM ASSOCIATION,a. Colorado non-profit corporation By: Print Name: JOEL D.TAUBER,TRUSTEE OF THE JOEL D. Title:President TAUBER TRUST sander Agreement dated March 3, 1972,as amended and restated JOEL D_TAUBER,Individually BENJAMINB.TAUBER ELLEN HORING JULIE MCMAHON> ACKNOWLEDGMENTS TS ONY FOLLOWING PAGES 2533335.2 IN Wrl'N�S WBEREOF, the parties have executed this Easement Agreement as of the date and year first above written. TBE DURANT CONDOMMUM ASSOCIATION,a Colorado non-profit corporation By: Print Name. 101H.D. TAUBER, TRUSTEE OF THIi JOEL D. Title:PresideFrt TAUBER TRUST under.Agreement dated March 3, 1972,as amended and restated JOEL D. TAUBER,Individually BENJAAIII*T B. TAUBER :E ISN TIO1 11CMAHON ACIiNOWLEDG NTS ON FOLLOWING PAGES S 2533336.2 STATE OF COUNTY OF - ) The foregoing Retaining.Fall System. Easement Agreement was acknowledged before me this day of `� F- , � 2013 by as President of THE DURANI' CONDOMINIUM ASSOCIAT16N, a eolorado non-profit corporation.' WITNESS my hand and official seat. My commission expires: f Notary Public STATE OF ) ss, COUNTY OF The foregoing rng Walt System Easement Agreement was acknowledged before me this day of 2013 by Joel D. Tauber, as Trustee of the Joel D. Tauber Trust under Agreement aced ch 3, 1972,as amended and restated. WITNESS my hand and official seal. My commission expires: 'y Notary Public STATE OF COUNTY OF The foregoing staining Wall System Easement Agreement was acknowledged before me this ` day of 2013 by Joel D. Tauber,individually. WITNESS my hand and official seat. My commission expires: � s; �y Notary Public 9 ' 2333336.2 STATE OF , COUNTY OF The foregoing etaining Wall System Easement Agreement was acknowledged before me this/� day of 2013 by Benjamin B. Tauber, individually. 1 WITNESS my hand and official seal. .My commission expires: ,} Notary Public STATE OF COUNTY OF The foregoing-Detaining 'gall System. Easement Agreement was acknowledged before me this l��day of 14E=& 20313 by Ellen Horing, individually. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COUNTY OF The foregoing etaming Wall System Easement Agreement was acknowledged before me this 0- day of 2413 by Julie McMahon, individually. WITNESS my hand and official seal. My commission expires: c r Av Notary Public I0 2533336.2 RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 1 OF 46, R $236.00 Janice K. Vos Caudill tkin County, CO RETAINING WALL SYSTEM EASEMENT AGREEMENT THIS EASEMENT AGREEMENT("Easement Agreement")is made this 12th day of July , 2013, among THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non- profit corporation, (the "Association") and JOEL D. TAUBER, INDIVIDUALLY, JOEL D. TAUBER,TRUSTEE OF THE JOEL D. TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated, BENJAMIN B. TAUBER, ELLEN HORING and JULIE MCMAHON(collectively"Tauber Property Owners"), WITNESSETH: WHEREAS, Tauber Property Owners are the owners of certain real property that is legally described as follows: Parcel A: Condominium Units 1 and 2,HIGH ON THE HILL CONDOMINIUMS,according to the Condominium Map thereof recorded May-4,1979 in Plat Book 7 at Page 85 as Reception No.214169,and as defined and described in the Condominium Declaration for High on the Hill Condominiums recorded May 4, 1979 in Book 367 at Page 942 as Reception No. 214168. Parcel B: Access and Utility Easement as set forth in instrument recorded in the Pitkin County records on January 31, 1978 in Book 342 at Page 838 as Reception No.201553,subject to the terms,conditions and limitations set forth therein. Known by street and number as: 716 S. Galena, Aspen, CO 81611 (the "Tauber Property") WHEREAS, the Association is the entity responsible for management, operation and control of the common elements associated with The Durant(a Condominium)as set forth on the Condominium Map thereof recorded January 6, 1969 in Plat Book 3 at Page 376 and the Supplemental Map recorded in Book 4 at Page 36, and further defined and described by Condominium Declaration for The Durant(a Condominium)recorded January 13, 1969 in Book 238 at Page 968 and First Supplement thereto recorded December 18, 1969 in Book 245 at Page 102 and First Amendment to the First Supplement recorded January 19,2000 as Reception No. 439665,all as recorded in the Pitkin County real property records(the "Association Property"); and, WHEREAS, the Association Property is adjacent to the Tauber Property and such properties have existing mutual easements;and, 2533336.2 . RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 2 OF 46, Janice K. Vos Caudill, P' 'n County, CO WHEREAS,the Association has been advised by its engineers that the slope upon which the Association Property is located requires installation of retaining walls and soil nails to help stabilize the slope upon which the Association Property is located,portions of which will have to be placed on or under a portion of the Tauber Property;and, WHEREAS, the Association has determined to proceed with the installation of the retaining walls and soil nail systems proposed by its engineers to help stabilize the slope;and, WHEREAS,subject to the terms and conditions hereof Tauber Property Owners agree to grant to the Association,for the benefit of the Association Property and the Tauber Property,an Easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under the surface of the Tauber Property for the purpose of constructing,installing,improving,maintaining,repairing and replacing the retaining walls and soil nails(the"Retaining Wall System")as described and defined on the following documents as approved for project permitting and attached-hereto-as Exhibits A through F, and as may be subject to minor or non-material changes pursuant to approved change orders (collectively referred to herein as the `Retaining Wall Plans'): Exhibit A, that six page document entitled Timber Crib Wall Replacements with Permanent Ground Nail Walls, prepared by Yeh and Associates, Inc., dated 08.16.12, Rev.05.24.13; Exhibit B, that two page document entitled Erosion Control Plan,prepared by Sopris Engineering,Inc.,dated 06.11.13;Exhibit C.that eight page document entitled Bridge Foundation Plan, prepared by Albright & Associates, dated 06.14.13.;Exhibit D,that one page document entitled Landscape-Tree Mitigation,prepared by Elite Land Design, LLC, dated 06.12,13; Exhibit E, that two page document entitled Construction Management Plan By Rudd Construction, dated 06.28.13, Referencing: Improvement Survey Plat, prepared by Tuttle Surveying Services, dated 04.04.12, and Tree Protection,prepared by Elite Land Design, LLC,dated 04.19.13; and Exhibit F, that six page document entitled Construction Management Plan Narrative, prepared by Rudd Construction, dated 05.03.13,all. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and in further consideration of the terms,conditions,covenants and mutual promises contained herein,the parties hereto agree as follows: I. Grant of Easement. Subject to the Association's compliance with Section 3(b)of this Easement Agreement,Tauber Property Owners hereby grant unto the Association a perpetual non-exclusive easement along and outside of the southerly,easterly and northerly boundaries of the Association Property and on and under a portion of the surface of the Tauber Property adjacent thereto as described on the Retaining Wall Plans for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining.walls and soil nails as described and defined on the Retaining Wall Plans, permanently installed on and under the surface of the Tauber Property to serve and benefit the Association Property and the Tauber Property (the "Easement"). This Easement includes the right for the Association to access the portion of the Tauber Property located between the uppermost retaining walls,as shown on the Retaining Wall Plans located ou the Tauber Property and the Association Property,by whatever means reasonably necessary, for purposes of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the 2 25333361 RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 3 OF 46, Janice K. Vos Caudill, P` .n County, CO Retaining Wall Plans. It is expressly understood and agreed that the Retaining Wall Plans were prepared by the engineers for the Association and the Association makes no warranty, representation or opinion with respect to the design or operation of the Retaining Wall Plan.The Association may utilize the Tauber Property encumbered by this Easement,above and below the surface,as is necessary,to construct,install,improve,maintain,repair and replace the Permanent Ground Nail Walls as outlined on the Retaining Wall Plans, The Association represents and warrants that all work shown on the Retaining Wall Plans shall be performed in a professional and workmanlike manner at its sole cost and expense and free from defects in materials and workmanship.Further,the Association shall,as reasonably necessary,maintain the walls and all areas appurtenant thereto in a neat and professionally landscaped manner and condition consistent with the Retaining Wall Plans, including specifically the Landscape Plan and the Erosion Control Plan. Prior to the commencement of any work on the installation of the improvements described on the Retaining Wall Plans, the Association shall obtain from all authorities having jurisdiction in the premises any and all permits and approvals that may be necessary in order to carry out the work as well as requiring that all contractor's obtain Workmen's Compensation Insurance for each individual performing services thereon and provide proof thereof to Tauber Property Owners before commencement of the work. 2. Payment of Costs and Expenses. In consideration of the Easement granted hereunder, the Association shall reimburse Tauber Property Owners for all of their reasonable out-of-pocket(a)attorney's fees and expenses inured in connection with the negotiation and preparation of this Easement Agreement and the transactions contemplated in this Easement Agreement, and (b) engineering costs and expenses incurred in connection with the review evaluation and analysis of the proposed Retaining Wall System, which will include Tauber Property Owners'expenses in hiring an engineer to review and evaluate the proposed Retaining Wall System prior to the Association commencing any work on the Retaining Wall System,and periodically reviewing the ongoing excavation and installation of the Retaining Wall System,to verify it complies with the Retaining Wall Plans, and to review and approve in writing any changes thereto prior to the Association making any changes thereto on the ground, all as set forth herein. It is specifically understood, as a condition of this Easement Agreement,that the Association shall undertake no work on or under the Tauber Property at any time unless Tauber Property Owners and their independent engineer has approved such work in advance and in writing.The Association shall pay these reimbursable expenses within fifteen(15)business days of delivery of a statement therefor from Tauber Property Owners. The review and approval by the Tauber Property Owners and their independent engineer shall not in any way limit or otherwise diminish the obligations, representations and warranties of the Association or its contractors, architects and engineers to the Tauber Property Owners, which obligations, representations and warranties shall continue undiminished at all times. 3. Indemnification and Insurance. a. The Association shall at all times remain solely responsible for and shall indemnify,defend and hold Tauber Property Owners absolutely blameless and harmless from and against any and all losses(to person or property), damages, claims, demands, costs of defense (including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted occasioned by,arising in connection with or in any manner resulting from 3 2533336.2 Emergency Retaining Wall Repair & Replacement F-11 I �,, Aspen CO. 81611 8040 Greenline Administrative Review Owners Rep: Tripp Adams —True North Management (970) 618-6226 FLXOI c, .� "..M. tripp@truenorthmangement.net May 19, 2013 City of Aspen Community Development 130 S- Galena Street 3'd Floor Aspen, CO 81611 RE. THE DuRANr CoNDomtNwmAssoctArio7v, a Colorado nonprofit corporation (the 'Association'g; Application for Installation of Retaining Wall at The Durant Condominiums, Aspen, Pitkin County, CO (the "BWerk'q To Whom It May Concern: The referenced Association is responsible for managing the common elements of the Durant Condominiums. The Association hereby authorizes Tripp Adams of True North Management, LLC, a Colorado limited liability company, to submit an application on behalf of the Association to install retaining walls and soil anchors in the hillside above the Durant Condominiums, as outlined in such application, and to represent the Association in meetings with City staff and review bodies. If you have any questions or need any additional information, please do not hesitate to give me a call. Very truly yours, W. IN ME cc: Mr. Don Shapiro Mr. Tripp Adam FION AUS TIN, PEI CE & SMITH, P.C. Attomevs At Law boo R. Hopkins Avenue Suite 2o5 Aspen, Colorado 81611 Frederick F. Peirce Thomas Fenton Smith Daniel J. Sullivan May 17, 2013 CITY OF AsPEN CONa-IMITYDEVELOPMENT 130 S. Galena Street 3'd Floor Aspen, CO 81611 Telephare: (970) 925-2600 Facsimile: (970) 925-4720 Email Addresses: fpeircegaps-pexom tsmith@aps-pe.corn dsullivan@aps-pe.com BE.- THEDuR,4Ni,CoNDom-ffIUMASVociATION, a Colorado nonprofit corporation (the 'Association'q; Applicationfor Installation of Retaining Wall at The Durant Condommums, Aspen, Pitkin County, CO (the "ELoRero") To Whom It May Concern: This office represents the referenced Association. The Durant Condominium is a condominium project created under the Colorado Condominium Act. Accordingly, the common elements of the Durant Condominiums are owned by the owners of units in the Durant Condominiums as tenants-in-common and are managed by the Association, through its Board of Directors and its officers, in accordance with the governing documents for the Durant Condominiums. Hence, the Association's Officers and Board of Directors are authorized to act on behalf of the owners of units within the Durant Condominiums to submit the within Application addressing the Durant Condominiums' common elements. The Board of Directors has designated its President, Paul Kcating, and Mr. Don Shapiro as the board members responsible for dealing directly with the Association's project manager, architects, engineers and contractors. Further, they have authorized its project manager, Tripp Adams. of True North Management, LLC, to act for and on its behalf in connection with the processing of the referenced land use application. AUSTTNI PEIRCE & SMITH, P.C. Aftmeys At Law CITY of ASPEN CommuNrry DF-vELoPNENT May 17, 2013 Page 2 If you have any questions or need any additional information or clarification, please do . not hesitate to give me a call. Very truly AUSTIN; PEiRcE & SmrrH, P.C. / B Frederick F. Peirce FFP/hs cc: Dr. Paul Keating Mr. Don Shapiro Mr. Tripp Adams FAF!Ies A-LXDU RANTXommurky bevdopmerA 5-17-13 Letter.doc Tripp Adams From: Jessica Garrow <jessica.garrow @cityofaspen.com> Sent: Monday, May 13, 2013 2:23 PM To: tripp @truenorthmanagement.net; brandon @ruddconstruction.com Subject: 718 S Galena Land Use Application Attachments: 2013 Fee Agreement.pdf, 718 S Galena Durant Condominiums-8040 Greenline Exemption.docx Follow Up Flag: Follow up Flag Status: Flagged Dear Tripp and Brandon, I've tanked with our zoning officer and reviewed the 8040 Greenline dimensions. The property is located within 50 —100 feet of the 8040 greeline, so you do need to make a land use application for that exemption (25.435.030.6). Also, I got confirmation that the walls are not reviewed under the foundation footers, soil nails, and similar features, but are instead reviewed under a separate section detailing retaining walls (25.575.020.E.5.k). That section limits retaining walls to 30 inches in height, which doesn't work with your plans. However, we have an administrative variation process that we can use to approve the walls as you've shown them. I've talked with Stephen Kanipe, and based on his meeting with you this morning he believes this falls under an exemption for building code compliance (25.575.0201). So, the pre -app is for the 8040 greenline review as well as an exception to setback requirements for building code compliance. Let me know if you have any questions about the review process. Attached is the pre -app and agreement to pay form. Because of the 2 reviews we do need to charge the full application fee — if some of the planning time is unused you can request a refund. The pre -app outlines all the forms that are required as part of the application. It's best to include a cover letter outlining what you're doing and why. You will need to respond to review criteria for the 8040 Greenline as well as the dimensional variation due to Building Code compliance, which can be part of that cover letter. That code language is below. The official land use application is located online at: http : / /www.aspenpitki n.com/ Portals /0 /docs /City /Comdev/ Apps %20and ° /`2OFees/ 2013 %201and / 20use%Q20apo`/ 20for m.pdf. There is a dimensional sheet that you'll need to fill out. Please fill in the setback information as that is most relevant to this application. If you don't know the other dimensions that is fine and you can leave them blank. Let me know if you have any questions about filling the application out. So the next steps are for you to make the land use application. It will then be assigned to a planner and you'll work with them. It will be referred to Engineering, Parks, and Building for review. It is up to the building department if they will accept your building permit while the land use case is pending. You should talk with them at the pre- submittal meeting, or follow up with Bonnie or Shannon, about it. The review criteria to respond to are below: 26.435.030. 8040 Greenline review. B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10 %) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty -five percent (25 %); and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.0. 26.575.020 Calculations and Measurements E. Measuring Setbacks. 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: k) Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above or below natural glade or finished grade, whichever is more restrictive. (Also see Chapter 26.410 — Residential Design Standards for limits on the location of berms.) Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). 26.575.020 Calculations and Measurements I. Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.corn Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET TiiE C €rr oF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements /Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre - application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre - application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court. Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. Agreement to a m Application "0 agree ent M'Ween tie CAW of AsPen < ,ftVI an 'r ��er Durant Condominium Assoc. Phone ��.: (s�� } 61183-62726 i v�J et �"l"): Email: Tri rip @truenorthmanagement.net .address of 718 South Galena t. #ilia 730 East Drat Ave Property: Asper., 81511 Address: CO � � rs bject of (--end Mils here) pen, CO 'lrs 1 appliration) It 1 1 � ♦ t R' q., i PROJECT: Name: �/T� c1' n,�' C inlit��tS vn1 ' W& / Location: /_i3%/ ,,, so u; ^% Indicate street address, lot &block number, legal description where ap ro riate) Parcel ID # (REQUIRED) APPLICANT: Name: Address': 'Po' "'90y 3 v Phone LIl — �Zz REPRESENTATIVE: Name: --% o J Address: S Phone #; 6 / — (( ZZ i V YE yr AFFLI AriuIv: tpicasc click all wat apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: I xISTING CONDITIONS. (dcscri Lion of/cxist n buildin s, uses, previous a royals, etc.) WOMA 5 � 016 /-2-, n -c PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Per 64 % —51:11 nave you auacnea the touowmg? FEES DUE: S ❑ Pre - Application Conference Summary D— Attachment #1, Signed Fee Agreement [: -response to Attachment #3, Dimensional Requirements Form ❑ 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 Ford 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. Project: �%c� (�J12!�i�T i'� tooAIIJIOW T iv`J Applicant: i �2J� J �/� ✓� %�2 ;,�,� /��rS Location: Zone District: G- 04)6 -E— Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units Number of bedrooms: Existing: Proposed Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): [3innENSSONs: ��r�T �S 4 P /?Opv5E'6 j2� rte, , 7S uJ BLS G�GG�If 6 i 0 CJ y S t��i t3o; /O,�rss Floor Area: Existing: Allowable: Proposed.. Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed On -Site parking: Existing: Required Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required Proposed• Front Setback: Existing: — Required: Proposed: Rear Setback: Existing: n� Required S' Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required_ -S- ` Proposed: n Side Setback: Existing:__0 ' Required ,� ; Proposed c) Combined Sides: Existing: Required Proposed: Distance Between Existing Required: Proposed: Buildings _ Existing non - conformities or encroachments: Variations requested: c� o Z i UJ NW O a O w U U U ^t3 J � CL a� � � O U ® O � Z � J � y Q � W Y O O U � � U O a a a a a 0 'C a N v L) � °• a M o" a ra M 0 M 0 0 8 O 4 .1 w M N M PATi gqq pM MM� r.-I qM MV V r [� Q `.. PI rl PI PI H ri rl rl p PI rl rl r•d PI 'm .4 e-1 � p rl eH PI 7 9 a p w O N O aZ w w 3 w 9 q p p xP4 z w w O eC w A W z a w a w a F A U P9 z a w w wA > a o O U P a U w O Sri W J U O H a" U W U U ... U � 40. CN N N V1 N N N N Ol, Con w w UD N w � H w o A z w a � a ° A 0 0 o, 0 O N tT cl U N U .�7 O e) U ca c 0 a v U "C O U U �U O v s� T, ct � N w .D C.) O g o o cl cd cu � U ATTAC14MFNT A- CONT'n- SURMITTAI_ KFY . Land Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. The street address and legal description of the parcel on which development is proposed to occur. 3) A disclosure of ownership 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.) An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5) A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) A site plan depicting the proposed -layout and the project's physical relationship to the land and it's surroundings. Z . A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Plan with Existing and proposed grades at two -foot contours, with five -foot intervals for grades over ten (10) percent. 6 Proposed elevations of the development A description of proposed construction techniques to be used. 11. A Plan with the 100 year floodplain line and the high water line. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved, a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development; including any rooftop equipment and how it will be screened. 16. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty -four (24) inches by thirty-six (36) inches. if it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 21 A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23_ The precise wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (1') inch equals ten (10') feet or one (V inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one- hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage / interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at 1 " =50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) Indicate whether any portions of the (3$: Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. laving level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist the subject property. Label photos and 0 mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty -six (36) inches with an unencumbered margin of one and one -half (1 1/2) inches on the left hand side of the sheet and a one -half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off - street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 9"M HKE NO I= 1. Attend pre - application conference. During this one -on -one meeting, staff will determne the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre - application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately S days prior to the hearing. The public hearings) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ER: OF APPLICATION: CITY OF '. j a j, Jessica Garrow, 429 -2780 DATE: 5.13.2013 Durant Condominiums (718, 728, 738, and 748 S. Galena Street) Tripp Adams, 618.6266, tripp ,truenorthmanagement.net Brandon Watson, 927.4038, Bra ndon(c)ruddconstruction.com 8040 Greenline Review, Exception for Building Code Compliance Durant Condominiums are a set of four building located on one parcel of land located in the Lodge (L) zone district. The property was developed in the late -60s to early -70s. The buildings currently exceed maximum allowable height within the Lodge (L) zone district, and may exceed the allowable floor area. In the Lodge zone, 100% multi - family buildings developed prior t:) 2005 are limited to a floor area of 1:1, and a height of 28 feet. Front, side, and rear setbacks are 5 feet. The prospective Applicant has indicated they need to update the retaining walls along the slope. The existing railroad ties are no lodger functioning and a new retaining wall system is needed. The existing walls, as well as the proposed upgrades, are located within the setback. The Land Use Code includes a provision that the Community Development Director can admir>Iistratively approve changes to a building that exceed the underlying dimensional requirements "to accommodate impro'ements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other ractical solution exists." (See Land Use Code Section 26.575.0201) This is an administrative approval. The Chief Buildi g Official has indicated that the proposed walls meet this threshold due to the existing conditions on the site and the elevation of the ground floor, though verification will be required as part of the land use review process. In addition, the applicant has indicated that portions of the wall and the soil nails will need to be located on adjacent properties. Easements for these are required, and must be shown as part of the land use application. The property is located within 150 feet of the 8040 elevation line, and is therefore subject to an 8040 Greenline review. Based on the project scope presented by the applicant, the project qualifies for the 8040 Greenline Exemption process, which is administrative. In order to qualify for the exemption process, the project can result in no more than a 10% increase in floor area AND no more than a 25% increase in exempt space, cannot be affected by any geologic hazards, and cannot result in increased erosion and sedimentation. In addition, a tree - removal permit from the Parks Department for any trees proposed to be removed is required. No floor area increases or changes are proposed as part of this application, and the applicant has indicated they will receive the necessary tree - removal permits from Parks. Parks and Engineering will be a referral on the A coy of the Land Use Code is available online at: http: / /www.aspenpitkin.com /Departments /Community Devel 'pment/Plannin-g- and- Zoninci/Title -26- Land - Use -Code, A copy!, of the Land use Application Form is available online at: Land '!Use Code Section(s) 26.304 Common Development Review Procedures 26.43.030.13 8040 Greenline Review Exemption 26.57 .020.E.5 Calculations and Measurements — Measuring Setbacks, allowed projections into setbacks 26.57 .020.L Exceptions for Building Code Compliance 26.710.190 Lodge (L) zone district Reviev by: - Staff for complete application and compliance with the Land Use Code - Referral agencies for technical considerations (Parks, Engineering, Building) Public Hearing: No Planning Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at $315 per hour) Refers 'I Fees: Engineering ($265 for a 1 hour deposit — work beyond 1 hour is charged at $265 an hour), Parks ($650 flat fee) Total Deposit: $2,215 718S. Galena PID: 273718274800 8040 greenline / ASLU ToOl Number of Application Copies: 4 Copies To apply, submit the following information: 11. Total Deposit for review of application. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 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 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 811 Proof of ownership. 9, Existing and proposed landscaping /tree - removal plan. 10. Existing and proposed wall location, including easement locations. 1 . A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 1 . All other materials required pursuant to the specific submittal requirements. I . A site improvement survey that includes all existing natural and man -made site features. 1 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. The lb ' going summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subjeci to change m the future, and upon factual representations that may or may not be accurate. The summary does not create a legal o vested right. Durant Condominium Association 718 South Galena St. Aspen, CO 81621 July 15, 2013 Aspen Community Development Attention: Jessica Garrow Re: Durant Condominiums Emergency Soil Wall Replacement Property & scope of work description: This letter is a narrative of work that is required for the emergency repair and replacement of the wooden retaining walls at the Durant Condominiums located at 718 South Galena St. in Aspen. The existing walls are positioned directly behind the four buildings looking East. The four buildings were built into the hillside in the 1960's and the retaining walls were built at the same time. The existing walls are built in wooden cribbing style and are made of recycled railroad ties and range in height from three feet high to twelve feet high. Above the walls at the top of the hillside is a house owned by Mr. Tauber which was originally built as part of the Durant Condo project, but was subdivided and sold off as a single family residence some 30 plus years ago. The retaining walls are bulging under soil movement in many places and there is much concern that it could only be a matter of time before there could be a catastrophic failure if not replaced. The recommended engineered solution is to replace the wood walls with a soil nail retaining wall that will have a shotcrete or sprayed in place concrete over 6x6 wire mesh with a final concrete artistically sculpted and stained wall made to look like a rock wall, similar to what you may find next to the highway down valley. Zoning and setbacks: Because of the developed property's age, this is a non - conforming property. The property is in the "L" Lodging District Zone and has a five foot setback around the property. Because the Durant and Tauber property's one subdivided years ago, the existing walls cross into the setbacks as well as cross the property line and go on to the Tauber property behind all the buildings and the new retaining walls will also be constructed on both the Durant side of property as well as cross over into the Tauber property. Included in this package is a signed easement agreement from the Owners of the Tauber property with The Durant HOA. The new walls will range in height from about four feet high on the North end behind unit A, varying heights behind Building B up to fifteen feet high, steps back into 2 smaller eight and six foot walls behind Building C to thirteen feet high behind Building D. The top of the walls will expose about sixteen inches above finish grade to catch any dirt and small rock sluff off. To put this in perspective, the buildings are over forty feet high and dwarf this area and as a note, this area of work cannot be seen from any place in town unless you walk behind the buildings. The wooden retaining walls in between Buildings B and C were replaced 30 years ago when an elevator was installed to allow the house uphill access and are in very good condition and will not be replaced. Fifteen to five feet above new walls there is an existing utility easement and trail that feeds electrical, phone and cable to only the Durant buildings. Owners Rep: Tripp Adams True North Management, LLC tripp @truenorthmanagement.net P.O. Box 3645 Basalt, CO. 81621 (970) 618 -6226 i P AMA No 24a r i i X E.>•�cinttktt:�' 63�1U..��r,Eeiiitirr�_ _. �M THE C AnL i }� Y � i t 3 t 9709205120 { ,'t,ic1 ash '�`e� Int _. r, I'd QRWIT I in rye ass omo . Please ch, -- k, p z, y a) 0 575 rmn-romstruefion P.011, i 13 zaYian &«ketch /Drav iiag of pi- ozaerty to include: ` (PEec>=.,e crtr'trch TIVO copies), a) Propei w , address. ,b) Propt-i-ty boundaries. c) I-ocationsof buildings on ihe property. f. ocaLion, dicarneter, and species of Trees on, property and desigmat lt'Ah salt`ows or circles vvhi h tees are Lo be removed. ,_.is t�1 C.~, "ASS 3) List trees to be a'e131C3ved, Lpmies end diame -C it 4.5' above grade. City Forester will define tree Values dLli` g Is Qit uthiz g the follo-wing equation: ' Max value = $41 :, 3.14 X !D/?)r i — Diameter of tree in inches at 4.5' abo-,,,e grad; 4) Reason Bai Rci-noval 5) Nlitigation Plop, [Momdon of Wms or mpiacement as lcFy3°E°nced in Asper i'aunicipai Code See. 13.20(e)]- Ph lie ADD to le Property Dramjinv. jTNVO cojTies rwv'ckd' i. . , Loc atioz t31 r �#aGe. {i:,a;tfi'?I�C'ctf£71a t1c 'S. a} , ca species o trees to be replaced. } 1' tw7, ,�_ !�';2ckl cost ;Sti.3i�iCC of planting (nursery' `t t„% G3LI2 ;..:i`�(j aiasl - a ?Sic`?l %1 103;11, ' e Estimated o- art Daa e p:- jeCt Person responsible 117b-F prQJeet T # (:{ 7e +fit' Ala.. t;'i.•c ..i,t; —~ _-4 nne- ofr rch rcl, or ._C _struc,tioin Rc,f]t°ese"VE"iJalC (r.r_.tLsr,u�i�itS ;i U5T BE P05TED ON PROPER i ° Digs IN6 R&jAG —VA I Drip gins Protection as defined in Cif Code 1120.020 �..._ ip> ;pe. .GJt?4Z1'•••1`:�L. Y'�3 cGTiaXi. Propeity/Tree Inspection: Chris F ora Forester, City of Aspen Date Stephen Eilspemlan Director Parks and Open Space. date ernait Valid for one -year aft r approval date. I s I IUST BE POSTED ON PROPERTY On ,urine 4, 2013, Chris Forman, Aspen City Forester, pe rformed all onsite inspection of the property located at 718 South Galena Street, the Durant Condominiums. The applicant has requested the removal of several trees in order to remove the existing retaining walls which are failing on the backside of this multi - family Property. '1'lic vuC?rli to be done is or, a very steep slope and most trees found on this slope are native shrubs or aspen trees. A .cess to the construction area will create the need for removal of two bl€ie spr €ice ii2 the front portion of the property, otherwise, the front of the building and its iandscapincr will remain -intact. The submitted site survey eye has assigned numbers to the trees requested for removal which correspond to the trees flagged iii the field, his perinit will utilize That same 3liimberliig sy;ten's in order to provide clarity. The trees requested for removal have been assigned a value using; a standard ,formula developed for all trees found within the City of Aspen. The formula is as follows; Value= S41.00(i -i)( !2)1 2, w=here D---diar eter of the tree at breast height. The follojving will. describe the above - mentioned trees and. the appropriate measures to be taken: Trees 426 and 27 are blue spruce with 9 inch diameters. They are located in front of the building and are. requested: for removal in order to access the construction zone. They were planted € nder the overhanging structure and are quite possibly in the worse place possible for trees to grow. They should be removed regardless of the construction project. No mitigation is required for these trees. `frees 412, 14, 15, 18, and 19 are all native maples grooving as multi- -stern clumps the in retaining wail area. Trees -15 and 18 have broken and/or dead stems with only small suckers for live crown. These will not require instigation: Trees 12, 14, and 19 have multiple steins of code size and will be removed with full mitigation due totaling $2,70156: Trees 41. 2, 5. 10, 11, 13, 16, 17, 23, 24, 25 are all aspen ranging in diameter from 6 to 12 inches. All of these trees are in the construction zone and exhibit at least one of the following issues. standing dead, girdled by retaining wall, advanced Cytospora canker, growing against the building, broken top(s), exposed/inadequate rooting, or poplar borer, These trees will be removed with zero mitigation due. Trees #20, 21, and 22 are all aspen with diameters of 9, 9 acid 10 inches. They are also within the construction area but are in somewhat better condition than the aspen inentioned previously. These trees have minor structural defects which could possibly be remedied via pruning efforts. Otherwise they are trees in good health. They �s�, =ill require mitigation value dire to structural defects totaling $4,216.24. , `gees #3 and 6 are aspen with diameters of 7 inches each. They are within the constriction Zone and Will be removed with full instigation due totaling $3.154.14. j& s1 s _ Total imitigatiou due for these removals is $10,073.94. The applicant has submitted a planting f } plan which will partially Mitigate the approved removals. An additional $823.94 will be due as a cash payinent to the Parks Department to fully satisfy, the mitigtion requirement. Payment is due a .prior to the release of this permit. D l € l r 6 st r i ,I 000 3m � 2 CL z K n { m 1 rCU Cl) -N m m �a ca 90 z' ca 0 go o' 3 fill fo z in p _Qp 0 r- ca 1--awalik's , WMM'91011 im WT17NESSETH: WHEREAS, Tauber Property Owners are the owners of certain real property I that is legally described as follows: Parcel A: 121= Condominium Units I and 2, HIGH ON THE HILL CONDOMINIUMS, according to the Condominium Map thereof recorded May -4, 1979 in Plat Book 7 at Page 85 as Reception No. 214169, and as defined and described in the Condominium Declaration for High on the Hill Condominiums recorded May 4, 1979 in Book 367 at Page 942 as Reception No. 214168. Access and Utility Easement as set forth in instrument recorded in the Pitkin County records on January 31, 1978 in Book 342 at Page 838 as Reception No. 201553, subject to the terms, conditions and limitations set forth therein. Known by street and number as: 716 S. Galena, Aspen, CO 81611 (the "Tauber 7 rol2ei t ") WHEREAS, the Association is the entity responsible for management, operation and control of the common elements associated with The Durant (a Condominium) as set forth on the Condominium Map thereof recorded January 6, 1.969 in Plat Book 3 at Page 376 and the Supplemental Map recorded in Book 4 at Page 36, and further defined and described by Condominium Declaration for The Durant (a Condominium) recorded January 13, 1969 in Book 238 at Page 968 and First Supplement thereto recorded December 18, 1969 in Book 245 at Page 102 and First Amendment to the First Supplement recorded January 19, 2000 as Reception No. 439665, all as recorded in the Pitkin County real property records (the "Association TLqperty"); and, WHEREAS, the Association Property is adjacent to the Tauber Property and such properties have existing mutual easements; and, 2533336.2 WHEREAS, the Association has been advised by its engineers that the slope upon which the Association Property is located requires installation of retaining walls and soil nails to help stabilize the slope upon which the Association Property is located, portions of which will have to be placed on or under a portion of the Tauber Property; and, WHEREAS, the Association has determined to proceed with the installation of the retaining walls and soil nail systems proposed by its engineers to help *stabilize the slope;'and, WHEREAS, subject to the terms and conditions hereof Tauber Property owners agree to grant to the Association, for the benefit Of the Association Property and the Tauber Property, an Easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under the surface of the Tauber Property for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails (the "Retaining Wall System") as described and defined on the following documents as approved for project permitting and attached-hereto-as Exhibits A through F, and as may be subject to minor or non-material changes pursuant to approved change orders (collectively referred to herein as the "Retaining Wall Plans-): Exhibit A, that six page document entitled Timber Crib Wall Replacements with Permanent Ground Nail Walls, prepared by Yeh and Associates, Inc., dated 08.16.12, Rev.05.24.13; Exhibit B, that two page document entitled Erosion Control Plan, prepared by Sopris Engineering, Inc., dated 06.11.13; Exhibit C, that eight page document entitled Bridge Foundation Plan, prepared by Albright & Associates, dated 06.14.13.; Exhibit D, that one page document entitled Landscape - Tree Mitigation, prepared by Elite Land Design, LLC, dated 06..12.13; Exhibit E, that two page document entitled Construction Management Plan By Rudd Construction, dated 06.28.13, Referencing: Improvement Survey Plat, prepared by Tuttle Surveying Services, dated 04.04.12, and Tree Protection, prepared by Elite Land Design, LLC, dated 04.19.13; and Exhibit F, that six page document entitled Construction Management Plan Narrative, prepared by Rudd Construction, dated 05.03.13, all. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: I . Grant of Easement. Subject to the Association's compliance with Section 3(b) of this Easement Agreement, Tauber Property Owners hereby grant unto the Association a perpetual non-exclusive easement -along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under a portion of the surface of the Tauber Property adjacent thereto as described on the Retaining Wall Plans for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining, walls and soil nails as described and defined on the Retaining Wall Plans, permanently installed on and under the surface of the Tauber Property to serve and benefit the Association Property and the Tauber Property (the "Easement'.). This Easement includes the right for the Association to access the portion of the Tauber Property located between the uppermost retaining walls, as shown on the Retaining Wall Plans located on the Tauber Property and the Association Property, by whatever means reasonably necessary, for purposes of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the OA 2533336.2 Retaining Wall Plans. It is expressly understood and agreed that the Retaining Wall Plans were prepared by the engineers for the Association and the Association makes no warranty, representation or opinion with respect to the design or operation of the Retaining Wall Plan. The Association may utilize the Tauber Property encumbered by this Easement, above and below the surface, as is necessary, to construct, install, improve, maintain, repair and replace the Permanent Ground Nail Walls as outlined on the Retaining Wall Plans. The Association represents and warrants that all work shown on the Retaining Wall Plans shall be performed in a professional and workmanlike manner at its sole cost and expense and free from defects in materials and workmanship. Further, the Association shall, as reasonably necessary, maintain the walls and all areas appurtenant thereto in a neat and professionally landscaped manner and condition consistent with the Retaining Wall Plans, including specifically the Landscape Plan and the Erosion Control Plan. Prior to the commencement of any work on the installation of the improvements described on the Retaining Wall Plans, the Association shall obtain from all authorities having jurisdiction in the premises any and all permits and approvals that may be necessary in order to carry out the work as well as requiring that all contractor's obtain Workmen's Compensation Insurance for each individual performing services thereon and provide proof thereof to Taiiber Property Owners before commencement of the work. 2. Payment of Costs and Expenses. In consideration of the Easement granted- hereunder, the Association shall reimburse Tauber Property Owners for all of their reasonable out-of-pocket (a) attorney's fees and expenses incurred in connection with the negotiation and preparation of this Easement Agreement and the transactions contemplated in this Easement Agreement, and (b) engineering costs and expenses inew-red in connection with the review evaluation and analysis of the proposed Retaining Wall System, which will include Tauber Property Owners' expenses in hiring an engineer to review and evaluate the proposed Retaining Wall System prior to the Association commencing any work on the Retaining Wall System, and periodically reviewing the ongoing excavation and installation of the Retaining Wall System, to verify it complies with the Retaining Wall Plans, and to review and approve in writing any changes thereto prior to the Association making any changes thereto on the ground, all as set forth herein. It is specifically understood, as a condition of this Easement Agreement, that the Association shall undertake no work on or under the Tauber Property at any time unless Tauber Property Owners and their independent engineer has approved such work in advance and in writing. The Association shall pay these reimbursable expenses within fifteen (15) business days of delivery of a statement therefor from Tauber Property Owners. The review and approval by the Tauber Property Owners and their independent engineer shall not in any way limit or otherwise diminish the obligations, representations and warranties of the Association or its contractors, architects and engineers to the Tauber Property Owners, which obligations, representations and warranties shall continue undiminished at all times. 3. Indemnification and Insurance. a. The Association shall at all times remain solely responsible for and shall indemnify, defend and hold Tauber Property Owners absolutely blameless and harmless from and against any and all losses (to person or property), damages, claims, demands, costs of defense (including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted occasioned by, arising in connection with or in any manner resulting from 2533336.2 the grant of the Easement, including without limitation, damage to the Tauber Property and any improvements thereon, any drainage or soil stability problems or alteration of the historic drainage patterns or slope stability that occur as a result of the Association's installation of the Retaining Wall System, and including the installation, design, operation, improvement, repair, replacement or maintenance of the Retaining Wall System, any mechanic liens and/or construction or related activities performed on the Tauber Property or otherwise by the Association, its contractors, agents and assigns, except to the extent caused by the Tauber Property Owners, From and after the date of execution of this Easement Agreement, the Association shall maintain in full force and effect comprehensive general public liability insurance (including contractual liability) against claims for bodily injury, death or property damage occurring on, in or about the Tauber Property, such insurance to afford protection of not less than $2,000,000.00, combined single limit per occurrence. Each policy of insurance shall be issued by companies of recognized financial standing authorized to issue such insurance in the State of Colorado, naming the Tauber Property Owners as additional insureds and shall be written as a primary policy which does not contribute to and is not in excess of coverage which the above named individuals may carry. Prior to commencement of any work toward the installation of the Retaining Wall System, the Association shall provide the Tauber Property Owners with current certificates of insurance evidencing such coverage and each year thereafter on the anniversary date of this Easement Agreement. Such insurance shall provide that it may not be canceled for any reason as it affects the Tauber Property Owners without at least thirty (30) days prior written notice to the Tauber Property Owners. If for any reason such insurance is canceled, the Association shall obtain, before the expiration of the coverage under the canceled policy, replacement insurance with substantially similar or better terms naming the Tauber Property Owners as additional insureds. If the Association fails to obtain such insurance before the expiration of the coverage under the canceled policy, the Tauber Property Owners may obtain a replacement insurance and charge the premiums of such policy to the Association and the Association shall promptly pay such premiums, b. The Association shall commence installation of the Retaining Wall System only upon obtaining commitments for the appropriate and adequate funding necessary to complete the entirety of the Retaining Wall System in accordance with the Retaining Wall Plans. Accordingly, in order to ensure the proper performance of the contemplated obligations of the Association, grant of this Easement shall be expressly conditioned upon the Association demonstrating to the Tauber Property Owners to their satisfaction that the Association has commitments for the adequate, ready funding to complete the project in accordance with Retaining Wall Plans and permits. Funds collected from such commitments shall be deposited in a segregated account with the Association's bank or escrowed in a separate account 4 2533336.2 with the Association's property management company, Frias Properties of Aspen. In either case, the full amount of funds in such account shall be available for verification by the Tauber Property Owners at any time thereafter, and funds shall be disbursed from such account only for the purpose of funding excavation and installation of the Retaining Wall System. 4. Representations of Tauber Provertv owners. The Tauber Property owners represent to the Association that they are the owners of the Tauber Property and as such, have the authority to execute this Easement Agreement and that the Tauber Property is free and clear of all liens, taxes (other than property taxes for the calendar year hereof), encumbrances or other matters that could impair the Easement or result in said Easement being extinguished. The Tauber Property Owners further represent that the Tauber Property Owners shall not take any action that would prevent the Association from having quiet and peaceful possession and use of the Easement for the purposes herein set forth and subject to the terms, conditions, covenants and mutual promises contained herein, 5. The Tauber Pro g= Owners' Use of the Tauber Pro perty, The Tauber Property Owners reserve the right to use the Easement and the lands below and airspace above the Easement for all lawful purposes that do not compromise the integrity of the retaining Wall System, recognizing that grant of the Easement under this Easement Agreement establishes or conveys no greater use or development rights than may already exist. This Easement Agreement and the Association's use of the Tauber Property shall in no way impact, limit or interfere with the Tauber Property Owners' development, use or enjoyment of the Tauber Property, provided the Tauber Property Owners' or their respective guests', invitees' or licensees' use of the Tauber Property shall not unreasonably interfere or be inconsistent with the Association's use of the Tauber Property for the purposes set forth in this Easement Agreement. 6. Notices. All notices, -notifications, consents and approvals required or authorized hereunder shall be in writing and shall be served upon the party entitled thereto either by personal delivery to such party or by certified mail, with postage thereon fully prepaid, addressed to such party at the addresses shown below, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three . (3) days after the date of certification or registration. - If to Association: DURANT CONDOMINIUM ASSOCIATION c/o Frias Properties 730 E. Durant Avenue Aspen, CO 81611 With a copy to: Frederick F. Peirce c/o Austin; Peirce & Smith, P.C. 600 E. Hopkins Avenue, Suite 205 Aspen, CO 81611 If to Tauber Property Owners: N 2533336.2 c/o Joel Tauber 27777 Franklin Road Suite 1630 Southfield, MI 48034 With a copy to: Jaffe Raitt Feuer & Weiss, PC 27777 Franklin Road Suite 2500 Southfield, MI 48034 Attn: Ira L Jaffe 7. Binding_ Effect. This Easement Agreement is intended to run with the Tauber Property and the Association Property and be binding upon and inure to the benefit of the parties hereto and the respective successors in interest to said properties and to burden and' benefit said properties as provided for herein. This Easement Agreement shall be recorded in the real property records of Pitkin County, Colorado, 8. Governing Law. This Easement Agreement is made with respect to Tights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado. 9. Remedies for Breach of Covenants. The parties shall be entitled to any and all remedies permitted by law, including injunctive and mandatory relief, for breach of any of the covenants, warranties, indemnities and obligations contained herein. 10. Attorney's Fees. In the event the provisions of this Easement Agreement require enforcement, the prevailing party shall be awarded its or their reasonable attorney's fees and costs incurred therein. 11. Counter. This Easement Agreement may be executed in counterparts and, as executed shall constitute one Easement Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. 12. No Waiven'The failure of either party to insist upon the strict performance of any Provisions of this Easement Agreement or to exercise and right or option available to it, or to serve any notice or institute any action, shall not be a waiver or relinquishment .for the future of any such provision. 13. Amendments in Writing. This Easement Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. 14. Deliveries. In connection with the execution and delivery of this Easement Agreement, the Association is delivering to the Tauber Property Owners a good standing. certificate from the Secretary of State of the State of Colorado dated no more than 15 days prior to the date of this Easement Agreement evidencing that good standing of the Association as of Co 2533336.2 such date and a certificate of the secretary of the Association certifying as to the resolutions adopted by the board of directors of the Association approving this Easement Agreement and the transactions contemplated in this Easement - Agreement and authorizing the President of the Association to execute and deliver this Easement Agreement and all documents contemplated in this Easement Agreement. in 2533336.2 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year- first above written, THE DURANT CONDOM NIUM ASSOCL4,TION, a Print Nkne\ N TWO V*4TtWjL JOEL D. TAUBER, TRUSTEE OF THE JOEL D. Tide: President TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated JOEL D. TAUBER, Individually BENJAMIN B. TAUBER ELLEN HORING JUIEMCMAHON ACENOWLEDGAIENTS ON FOLLOWING PAGES 93 STATE OFN tr 0 } • } COUNTY OF 1 ) ss. The 1'�}regoing Retaining Wall System Easement Agreement was acknowledged before me thi _ day of _ 2013 by Paul Keating as President of THE DURANT CONDOlVRQUM ASS OCIAnON, a Colorado non -profit corporation. WITNESS my hand and official seal. My commission expires: STATE OF t } } ss. Notary Public f DEBBIE A. HAUER My CandMim Eores € /0412095 The foregoing Retaining Wall System Easement Agreement was acknowledged before me this day of 2413 by Joel D. Tauber, as Trustee of the Joel D. Tauber Trust under Agreement dated March 3, 1972, as amended and restated. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF } } ss. COUNTY OF ) The foregoing Retaining Wall System Easement Agreement was acknowledged before me this day of 2013 by Joel D. Tauber, individually. WITNESS my hand and official seal. My commission expires: 2533336.2 Notary Public IN WITNESS WIAEREOF, the parties have executed this Easement Agreement as of the date and year first above written. Colorado non-profit corporation M Print Name: p, rA 1,iA �C- Title: President 2533336,2 991 is M IN WITINESS VffW.REOF, the parties have executed this Easement Agreement as of tj date and year first above written. 19 "1 1 1 1.1 Colorado non-profit corporation =1 EM-1 2513336.2 JOEL D. TAUBER, IkU--S—TF--E OF �TnEjop L D TAUBER TRUST under Agreement dated . March 3, 1972, as amended and restated JOEL D. TAUBER, individually BENJAMN B, TAUBER Filial 91 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation By: _ Print Name: Title: President 2533336.2 JOEL D. TAUBER. TRUSTEE OF THE JOEL D. TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated JOEL D. TAUBER, Individually BENJAMIN B. TAUBER ELLEN HORING JULIE MCMAHON M WITNESS WBEREOF, the parties have executed this Easement Agreement .,,,-the date and year first above written- Colorado non-profit corporation .2 I 1 11, , , . , I I I INN - , - I - I 25335362 JOEL D. < ®; # Ef MUS TEE OF, TIME 10EL-1 TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated uaai K_»y �J- « ELLEN 14ORINr- . MCMAffON CA� H, STATE OF Ss. COUNTY 0 The foregoing Retainin a I System Easement Agreement was acknowledged beforg me this '�Sys day of 2013 by as President of TBE DURANT CONDOA/HNTUM ASSOCIATI , +aolorado non-profit corporation. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF 77- C 0 - UN T Y 0 F The foregoing aining Wall System Easement Agreement was acknowledged before me this 42ffday of 2013 by Joel D. Tauber, as Trustee of the Joel D. Tauber Trust under Agreement ated arch 3, 1972, as amended and restated. WITNESS my hand and official seal. My commission expires: ,0,- Notary Public STATE OF COUNTY OF The foregoing etaining Wal] System Easement Agreement was acknowledged before me this �2f-day oj 2013 by Joel D. Tauber, individually, WITNESS my hand and official seal. My commission expires: Notary Public I 2533336.2 STATE OF ss. COUNTY OF The foregoing taining Wall System Easement Agreement was acknowledged before me this/ day of 2013 by Benjamin B. Tauber, individually. WITNESS my hand and official seal. My commission expires: 2 Notary Public STATE OF COUNTY Of The - foregoing Re amiing Wall System Easement Agreement was acknowledged before me this AZI" day of 4, 2013 by Ellen Horing, individually, WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COUNTY OF HE 2533336.2 CGit �nof Aspen 1 � Garmisch & Hopkins LOT 7 TIPPLED GODS City of Aspen SUBDI VISION ; P. S. 5 PLAT 300K 2A PAGE 250 � Galena &Hopkins SOUTH GALENA STREET Iff J f9 i 1 a 4A ' Top Back of Curb 1b� CONDOMINUMS J F0 PLAT BOOK` 9, PAGE 20 � � , , n F• i ,lj 'Y4+ CSC ` � f J LOT 2 Utility aseme t TIPPLE WOODS 1 ty n SU601 VISION Book 342 Page 838 PLAT BOOK 2A PAGE X50 SITE (Q"".' ' 4� AVE . +4 r. �' � � ' 9eu,� sr �.�'..,,..: � ;, __ + � �e•� ay_ , f �� _ Found re6 r 24' Cottonwood �L.S No. 15 & Yellow Plastic C ph alt 710 & As - Found rebar do Y foty 1(rsti Parking f�`'��9 L. p I TIPPLE WOODS t No. 1 D18 SUBDIVISION ;6 Dr Lot �� , tai lap! + , � � �3, f PLAT 900K ZA PACE 2501 it �, eta ,� '� Dia = q'� •? 'Cj'D,0 {' safe / /j IN 1000* no 3 'D 10' Radius $ 0 Spruce (4) LEGEND- 32514 �s . ft. = � �` A -. 1 or SUBJECT PROPERTY LINE - $�v a746 Acres, - �' • I r , ' - -- - - - - - ADJOINING PROPERTY LINE { °� At DI ,� -` ` �' !" *. Easement B �• ,yapls b �` Book 439, Page 437 I EASEMENT LINE \ y I �' FENCE 5' Rad - - - - - - O VERHANG/'6RrDGE� Dia Maple Spruce f r, T UNDERGROUND TELEPHC]NE LINE T - ` Adjoining Property Subject f V UNDERGROUND CABLE TV LINE to forth en is A &Bas CA T' Water set forth in f S UNDERGROUND SEWER LINE ve S 6.6_5 Book 439 at Page 467 7,975 W �g `' UO W UNDERGROUND WA 7ER UNE + Sfo It, e t Top Back of urb , . 00}��' GAS UNDERGROUND GAS LINE v -4 Easement B f Efe . 797E 2 , 8" " 1f L _('.j - -'1 -- ., °� Book 439, Page 437 - E UNDERGROUND ELECTRIC LINE Maple Maw ° �O E/ectr�c +' I , (T� E � - indicates 0 -20X slope (no hatching) Meters �dl c, - _ d HIGH ON THE HILL Indicates 20 -JOX slope 1 CONDOMINUMS j n.,7 - _ - - _ - - , --� - - - PLAT BOOK 7 PA GE 8 - Indicates 30X and greater slope 7980 pauce _- rase Stol�a per { R- Easement B 0- Book 439, Page 437 �►� Asph It � I � 1 Lo _ S Sp ; ' Access & Utility Easement A p• Dc• ,. Book 439, Page 4,37 Trash �. --�_ -- \ ''l' - 0 �u 8 Radius 1 ��cfcrs _ ^: �` -., spruce (2) ! T epho OF Sp° �' col Pe seta! saw 0 j 9 Patio $ Easement B Pump Book 439, Page 437 House 7 race f I Spruce $ rr -1L! L *0 p f FIFTH A VENUE CONDOMINUMS PLA T BOOK 3 PAGE 59 5005 Z I o °� 1 HIGH ON THE HILL CONDOMINUMS PLA T BOOK 7 PAGE 85 f f Notice ,4ccarding to Colorado law, you must commence any legal action based upon any ue',,ect in this survey wdlun three years after you .Arse discover such defect In no event may any legal actien biased upon any defect cis thx x survey be eommeneed more khan ten years from the date of the cerfiAcahon down hereon, Easement B Book 439, Page 437 Easement B Book 43,9, Page 437 Easemen t B Book 439, Page 437 CURVE TABLE LINE TABLE LENGTH RADIUS LINE CHORD BEARING DEL TA LENGTH L 1 N 34'00'00" W 36.76' t2 N 1,5'00'00 " E 44.95' L3 S 54U1'00" E 51.02' L 4 FIELD N 74 51 '15" W 52.86' L 4 RECORD N 75'00'00 " W 53.31 ' L5 S 3.5 29'00" W 73:27' CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DEL TA 01 70.68' 90.00' .37.28' 68 88' N 372956" E 44 ,5953" ( IN FEET ) 1 inch = 20 M Legend and Notes: 0 indicates found monument as described * indicates set No.5 Rebar & Corp Marked LS 33638 Date of Survey. March, 2012 -- Unit of Measurement- US Survey Foot -- Due to snow cover on the date of survey some improvments may not be shown. Legal Description: THE DURAN7, according to the Condominium Map thereof recorded January 6, 1969 in Plat Book 3 at Page 376 and Supplemental Map recorded in Book 4 at Page 36 and further defined and described by Condominium Declaration for The Durand recorded January 13 1969 in Book 238 at Page 968 and first Supplement thereto recorded December 18, 1969 in Book 245 at Page 102 and First Amendment to the First Supplement recorded January 19, 2000 as Reception No, 439665. P17KIN COUNTY Bearings pre based upon found No, 5 Rebars & Red Plastic Caps marked LS 16129 along the easterly line of said parcel, using a bearing of 554'31'00 "E between the two described monuments as shown hereon. City of Aspen & Pitkin County Zoning., Zone L Ele vac tion dotum: NA (D29 - The site is situated in Zone `!,'l" ('areas determined to be outside 500 year flood plain) per F.I.R.M! prepared by FE-MA, Community Panel No. 08097CO203C, Effective Date June 04, 1987. This survey does not represent a title search by this surveynr to de terrain e ownership or to discover easements or other encumbrances of record. All Information pertaining to ownership, easements or other encumbrances of record has been taken from Proforma Title Report issued by Pitkin County Title, Inc. dated January 05, 2012 as Case No. PCT23363P. This property is subject to the following exceptions per said Title Commitment: 7 Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted as reserved in United States Patent recorded In Book 175 at Page 298. 8. All of the minerals, mineral deposits, oils and gases of every kind and nature underlying subject property, together with the right of ingress and egress for the purpose of prospecting for, mining and removing the some, as reserved to Spar Consolidated Mines Company 6y instrument recorded May 21, 1958 in Book 184 at Page 45. 9, Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded in Book 206 at Page 436, as imposed upon subject property by Instrument recorded January 29, 1965 in Book 211 at Page 344 10. Terms, conditions, pro visions and obligations as set forth in Articles of Incorporation for The Durant Condominium Association recorded January 6, 1969 as Reception No. 1337 01, 11. Easements, rights of way and aff matters as disclosed on plats of subject property recorded in Plat Book 3 at Page 376 and Supplemental Plat recorded in Plat Book 4 at Page 36. 12. Terms, conditions, provisslons, obligations, easements, restrictions and assessments as set forth in the Condominlum Declaration ror Durant Condominiums recorded January 13, 1969 in Book 238 at Page 968, and First Supplement recorded December 18, 1969 in Book 245 at Page 102, and First Amendment to the First Supplement recorded January 19, 2000 as Reception No.439665, deleting therefrom any restrictions r'ndicati► g preference, limitation or discrimination bused on race, color, religion, sex, handicap, familial status or national origin. 13 Terms, conditions, provisions and obligations of Easement Agreements recorded in Book 439 at Page 467 and Book 551 at Page 485. 14. Terms, conditions, provisions and obligations as set forth in Rules and Regulations recorded January 16, 1998 as Reception No. 412614, SURVEYOR'S COR77FICATE:- f, JEFFREY ALLEN 7UT77; BEING A PROFESSIONAL LAND SURVEYOR IN THE STA TE OF COLORADO, D0 HEREBY CER77FY THAT THIS IMPR1VEMENT SURVEY WAS PREPARED FROM AN ACTUAL MONUMEN7ED LAND SURVEY OF 7N' PROPERTY CORNER MONUMENTS, BOTH FOUND AND SET; UNDER MY DIRECT S'UPERWISION AND CHECkING; THA T IT IS CORRECT TO THE BEST OF MY BELIEF AND 1CNOKEDGE AND THA T ALL DIMENSIONS, BOTH LINEAR AND ANGULAR WERE DETERMINED BY AN ACCURA 7T` CON7ROL SURkFY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT OF 1 IN 75,000 (WHICH COMPLIES WTH COLORADO PROFESSIONAL STANDARDS FOR A LAND SURLY PLA T AND THE CURRENT ACCURACY STANDARDS FOR AL TA%ACSM LAND 777LE SURVEYS): 1 FUR7HER CERTIFY THA T THE IMPR0VEMENT5 ON THE ABO ICE DESCRIBED PARCEL. ON THIS DA 7E, APRIL 3, 20 13, EXCEPT U77LI TY CONNEC77ONS, ARE EN77REL Y WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THA T THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT AS INDICA 7FD, AND 77-1A T THERE IS NO APPARENT EMENCE OR SIGN OF ANY EASEMENT GROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS N07FD. 05 %°III Top Back of Curb I De v. 7976.29 8" u Maple 0 a G 11 Radiu, Spruce 7' Rod. Spruce F° N° pisyr . ,6129 Spru W O A� a� °o Pool on", �o �o X10 Water Val ve s City of Aspen G. P. S. #6 Garmisch &Hopkins � N O W � Q N \Top Back of Curb Ele v. 7964.65 s,�° °O E 4' High Orange 6 "Dia onstruction Fence Maple " Dia ople ,O h h 7 " Dia Maple 10' Radius Spruce (4) Dia aple 1 Dia 5' Ra Maple Spruc Curb Stop a � z � 0" Dia \ 24" Cottonwood , .19 Found rebor & Yellow Plastic Cap L. S. No. 15710 & Found rebor & Yellow Plastic Cap L. S. No. 1018 ao 100 I 1 7 pen ' High Orange Construction Fence SCI) ►--4 65Q' Q6 n 0 G s Me tter L F1 15.0 �ldCq- Q) Electric N Meters Cd 0 6.7 �i I `? 35.45 L6 L4 / Trees torr, G4 O 0 1 , � SprG �0 Oh . so 0 99'' Radius �0 5"pr e el Te eph on` �0 Pe estal Oh 0 �o -Re'd . I� .�0 h00� wer �_ 6 Spruce h- MIA I I �� •" /. s O `Ssr�Jo � � F \ Eas m B �t B „1e17t CS� h echerry Clump 00 � Eas 051, ��5 B eat 5�9 1g 1 4' High Orange Construction Fenc spe „ Aspen T- ” E °Se e„t r B � o o° Q?NOTES: 4' high construction fencing will be constructed o to preserve trees on site st risk due to construction of the new retaining walls. Any exposed roots will be spe 5 protected with burlap during the project. Ea e QQ V � s p n 9" ,6�` pen 6" o h - s p n 9" 4' High Orange Construction Fence - o ec errs Clump & U ility Easement A 39, Page 437 i N]s o° o° F s X33 mod, eeq�.��g ob 4' High Orange Construction Fence U z - 2 M � U) M ca O � o U 00 N U ~ 2: -0 z Q U < oO m � Q ao c io in C) F -27) 0 w a a m CF) (1) U L t6 W o Z �Z 0 0 c�o _^ J (Q LL -F� W DATE ISSUE /REVISION 04.19.13 FOR CPM SUBMITTAL DRAWN BY FILE NAME: JMH I CD2013.Dwg N SCALE 1 "= 20' -0" CONSTRUCTION MANAGEMENT PLAN TREE PROTECTION L -1.5 z - 2 �- O N O U Q ca O � o Zc� 0 � o U) o Q U °° ti F-- z Q D 0 DATE ISSUE /REVISION 04.19.13 FOR CPM SUBMITTAL DRAWN BY FILE NAME: JMH I CD2013.Dwg N SCALE 1 "= 20' -0" CONSTRUCTION MANAGEMENT PLAN TREE PROTECTION L -1.5 City of Aspen G. P. S. #6 Garmisch &Hopkins z N O W o� Q N \Top Back of Curb �Eie v. 7964.65 S�S220 oo E LEGEND COMMON NAME BOTANICAL NAME AMOUNT SIZE ll� 6" EXISTING DECIDUOUS TREE 2 EXISTING SPRUCE rr r r r Cp ASPEN POPULUS TREMULOIDES 33 2" CALIPER _ r� pen 4" 0 h t AMUR MAPLE 'FLAME' ACER GINNALA 'FLAME' 1 5' -6' B &B Spru 9" spe spen 3" OAUSTRIAN COPPER ROSE ROSA BICOLOR 23 #5 0 (v ' •�'QS � LOW GROW GRASS SEED MIX Spruce 9 O �✓ emery o h B � I O pruce 5" en 5" QQ) spen p n 6" r � • e 4 y Spruce , - pen 9" spen 10" \ �� r . It �spen3" pen 12" Spruce 5" pruce 4" \ r e 4" Spruce 8" Aspe 1 Spruc )Aspe�il3 ruce 5" pruce 6" en 5" "jpen 7" ce 12" / O O Os .r � O r "rr " , r O O O " ,r o Spruce 7' Sp Oo r , \ hoke erry Clump " Eas B(917t ` r" As en 9" Aspen 13" � spen 8" �oJ Aspe 6� Eose DATE ISSUE /REVISION 04.19.13 U 06.12.13 REVISED FOR PERMIT DRAWN BY: FILE NAME: z J I tree removal O N O U M O � O U 0 M .� U 00 N Uj W L: N O : -0 TO Al VJ 2 2 (6 M ° 0 0 < �rn� N O Q O C (n F-9) 70 w a a. ai Q) U Lr) M W-a Z o z � O 00cCo W DATE ISSUE /REVISION 04.19.13 FOR APPLICATION 06.12.13 REVISED FOR PERMIT DRAWN BY: FILE NAME: z I tree removal O N O U Q O � O U 0 U) o Q U °° F-- z D DATE ISSUE /REVISION 04.19.13 FOR APPLICATION 06.12.13 REVISED FOR PERMIT DRAWN BY: FILE NAME: JMH I tree removal N SCALE LANDSCAPE PLAN TREE MITIGATION L -2.2 City of Aspen G. P. S. #6 Garm1`sch & Hopkins z � NAA � T W _ N \� Top Back of Curb Ele v. 7964.65 oo E 797..26 ❑ • O Y Y /elm Y Yb ,% B Y N 7971, �•9 7, m m � • pen 4" / k® spen 3" en 5" X6o. 7982.89 m " \ridge _ EQSemer� O h B h ❑ � 0 FF 2B 986 26 i• , A . Q a 'mY LEGEND Common Name Botanical name Amount Size Existing Aspen • " Br\idg� Q l V ° - } Existing Spruce Amur Maple Acer ginala 1 5' -6' B &B ❑ y� Aspen Populus tremuloides 51 2" Caliper � .� O Austrian Copper Rose Rosa foetida 'Bicolor' 23 #5 800895 r rr�^ ,Yr,, 798981 FF 302B vJ •rr „ Low Grow Native Grasses 9. \ FF 1028 79939 r \ FT Bridge ti \ \ q11- ®Gardens ° +y Q 7688.84 Y ` \ E ��o \ 798& 90 ..91 x.'99 FT 8921 MFR S y WO s 0 6772 • •J� t o a, O APP F r rrr 88 r 0 s 8016.04 000 �. FF 3C .� FF9 C 8 8009.36 Y FF 2D ° Y m mY + (,a9e 7999.89+ FF 1D ,t �8 p QY B 0 X F7 r • Sri , me17t 8000.02 0000 FF 1D r ` 8019.12 FF 3D, r mX6 Q ° Bridge EQSe e/t J J Z Cl) � N O U M • v, v� F j 70 Q _ 0- O Q �06U wU IF— —0 a .2) li aS U � -0Z-0 �oo� J o Z g U (D w DATE ISSUE /REVISION 05.17.13 FOR SUBMITTAL 05.31.13 UPDATED WALLS DRAWN BY: FILE NAME: JMH I RETAINING PLAN N SCALE 1 "= 20' -0" LANDSCAPE PLAN L -1.3 Z O (1) o 0 (6 O C: O Q) U Z`�- O C7 � o Q U00 � Z D 0 DATE ISSUE /REVISION 05.17.13 FOR SUBMITTAL 05.31.13 UPDATED WALLS DRAWN BY: FILE NAME: JMH I RETAINING PLAN N SCALE 1 "= 20' -0" LANDSCAPE PLAN L -1.3 SEE NOjr 1 SIC `BRIDGE �— ESMN7T -- .. s l:./"9 ` \ '�... p 00 3 LANDSCAPING LEGEND W' Amur Maple CC) Aspen a Austrian Copper Rose mLOW Grata Native Grasses 10 Gardens rV10*nJxt^_ 100tn _C* r 7lE SOIL NAIL WALL INTO) EXISTING UMBER WALL r-- GRADES (DEPIMED ON PRO ME) E) I } :j ,r r ml I/l n/h I!`"1 A 0,, m c*`/"itI RI A II IAIA I I n/ A ItI 1l!l"`IA1 GRAPHIC SCALE • 20 ( IN FEET ) 1 inch = 10 ft. 1 GENERAL. NOTES: 1. EXISTING CONDITIONS /SURVEY PROVIDED BY TUTTLE SURVEYING. 2. THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET ULTIMATE ALIGNMENT OF SOIL NAIL WALL. 3. EXISTING CONTOUR INTERVALS ARE AT 1 -FOOT. 4. TOP OF WALL ELEVATIONS TO BE FIELD SET; PROFILE BASED ON 1 -FOOT CONTOURS. 5. BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF 16- INCHES BELOW EXISTING AND /OR PROPOSED FINAL GRADES AT BOTTOM OF WALL. 6. SQUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMATE, MEASURED FROM TOP OF WALL TO BOTTOM OF WALL. 7. ALL EXISTING BRIDGES TO BE REMOVED AND ASSOCIATED WALKWAYS WILL BE CLOSED OFF PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE. W 8. ALL INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR DURING CONSTRUCTION. 9. ALL EXISTING DRAINAGE PATTERNS TO REMAIN. 10. BRIDGE EASEMENTS PER BK. 14, PG. 32. 11. 15 -FT PUBLIC TRAIL BK. 3, PG. 376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN SURVEY F_ ENGINEERS, INC. DATED JUNE 7, 1995 & FILED AS BK. 40, PG. 99 & BK. 7, PG. 85. Z M W z °W s Ity 0 C W iNL , . VER L SCALE =1))=101 HORZ. SCALE = 1 " =10' APPROXIMATE FINISHED GRADE. 8008 W' 80)04 �I 8000 =SD ING ALK FF EL. = 7995±7 ,998 0 Cfl 7992 i 7988 00 DATUM ELEV 7980.00 C3) �i .t rn C • h. •1i i •. - II boo" � -} � rn I I ~# { fX7 11 h cO - (n -I 1 U N Op raj � p N t `! t ` -H fi . b { I Z 6 �i Op C- I . 003 ' Mj i • i � Co N r , q, 0 cy) CC ° - _ 3 Q ° Ci te _j J +1 8x08 o) o I 4 i1 II � I- p� p �>LLC � _Wt~� "II Q ��ci�I —c� f �L Nr�'-- ' - - -'� 8004 T, IL 11 <C C? (n I— m to I- (n V) 1 Ci, . _ r _ -- ..--•- `�...° _"`. . ° — Fes- C 0 �t 11 1 V) )z 17J r '• N q 11 y • • .T " + u+/ ..r....+ ....e.. .. ' .,. r ~ ' 1 .j' w . r' , r r/' _ ' lA .-"° ✓' Y + "' 4*+! !rwr 8000 !r" ErrsTiIVG E GE.' OF .- Cn 7996 °. r. _ .. ..- ... .• �s. aI�PRaxiMar�..�� wFA�IT. P-14 � - - _ _ r~` WA �"I, 450: S F. �0)I AIL WALL. ...- � 7992 PROPOSED BOTTOM OF il. l.- r, Jp'l E DyetRA/ IN WALL SUBSURFlAnCj"' LINE r D L A _ / f WAI Y A. .,- .r - . 7988 1 #00X PROPOSED BOTTOM OF 7984 BSURF�� UREtt .DAMP ELEV EDGE OF SIDEWALK 7980.00 STA: 1+ 76 APPROXIMATE LOCATION OF PROPOSED LOW POINT OF BOTTOM OF WALL h ` ELEV = 7987.5± 0) rn ° o 0m Taw = 8003.3± h� (SEE PLAN FOR ROUTING OF SUBSURFACE DRAINAGE.) 1+00 2 +00 VER L SCALE =1))=101 HORZ. SCALE = 1 " =10' APPROXIMATE FINISHED GRADE. 8008 W' 80)04 8000 =SD ING ALK FF EL. = 7995±7 ,998 0 7992 i 7988 7984 DATUM ELEV 7980.00 �i .t rn RK 00 N ww m 1+28 BUILDING A i B SOIL NAIL WALL CROSS SECTION A-A_ APF FINISH, FF 1+00 1+28 CROSS SECT SUBGRADE NOTES r � % 1. ALL ROCK TO BE REMOVED UPON COMPLETION OF «1 SECTION A -A CONSTRUCTION. .NTS- Z PUBLIC ROADWAY TO BE KEPT CLEAN AND FREE OF MUD, DIRT AND DEBRIS AT ALL TIMES. VEHICLE TRACKING CONTROL (NOT TO SCALE) m A A EDIMENTATION LOG -12" MIN. DIAMETER E A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ;IENTATION THROUGHOUT THE SEDIMENTATION LOG. USE TWO STAKES 1 1/2'x 11/2 " x SUFF'CIENT LENGHT TO EMBET AT LEAST 12" INTO SOIL AT EACH END OF LOG TAKE AT 90 DEG. TO EACH OTHER Q Z WETLANDS OR FEATURES 1 REQUIRING PROTECTION 110 SECTION A w A SEDIMENT CONTROL LOG INSTALLATION NOTES 1. SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. 2. SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. 3. SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER. 4. NOT FOR USE IN CONCENTRATED FLOW AREAS. 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2-INCHES. SEDIMENT CONTROL LOG MAINTENANCE NOTES 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY, 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 4 THE HEIGHT OF THE CREST OF LOG. 3, SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND REVEGETATED /STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. - SCE. SEDIMENT CONTROL. LOG ow 1 (NOT TO SCALE) • , DATE: • LU LjL 0 i IIM ►i .t C • i •1i i •. - M boo" 0 i • i • i i ® m 06 DATE: • .: NO. GRAPHIC SCALE 5 10 20 ( IN FEET ) 1 inch = 10 Lt. 6DF'__ WOW= • w i•f •l 00:i 0 ••• r• e• 7'9901.00 r- it M & r •' CONTRACTOR TO POTHOLE UPPER UTILITIES IN THIS AREA TO VERIFY DEPTHS ADJUSTMENT OF SOIL NAILS MAYBE REQUIRED . -I� V AIL_ � WALLS IINNNTO f -� 'r'italx 2 CONTRACTOR TO POTHOLE UPPER UTILITIES IN THIS AREA TO VERIFY DEPTHS, ADJUS71WENT OF OIL NAILS MAYBE REQUIRED GENERAL NOTES: 1. EXISTING CONDITIONS /SURVEY PROVIDED BY TUTTLE SURVEYING. Z THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET ULTIMATE ALIGNMENT OF SOIL NAIL WALL. 3. EXISTING CONTOUR INTERVALS ARE AT 1 -FOOT. 4. TOP OF WALL ELEVATIONS TO BE FIELD SET; PROFILE BASED ON 1 -FOOT CONTOURS. 5. BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF 16- INCHES BELOW EXISTING AND /OR PROPOSED FINAL GRADES AT BOTTOM OF WALL. 6. SQUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMATE, MEASURED FROM TOP OF WALL TO BOTTOM OF WALL. V ER T. SCALE - 1 --- --10, _..Cdc7 - ..� °- ; 7. ALL EXISTING BRIDGES TO BE REMOVED AND ASSOCIATED WALKWAYS WILL BE CLOSED i c -H -ti 8020 OFF PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE. 'd• z z ri }' 8. ALL INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR DURING 0 - - I I oo c() c� rn rrr` EXIS77NG 'TIMBER `RETA INING- WALL - "� 'A 9. ALL EXISTING DRAINAGE PATTERNS TO REMAIN. _chi Ed 8012 w �TO, BE 'REMOVED K °- ---, `°_ '1 ', ..,� ~ t t 10. BRIDGE EASEMENTS PER BK. 14, PG. 32 ' Z 8004 1 lop z ~ ' 11. 15-FT PUBLIC TRAIL BK, 3, PG. 376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN z — - 8000 SURVEY ENGINEERS, INC. DATED JUNE 7, 1995 & FILED AS BK. 40, PG. 99 & BK. 7, PG. 85. e � w n� z 0 CONTRACTOR TO POTHOLE UPPER UTILITIES IN THIS AREA TO VERIFY DEPTHS, ADJUS71WENT OF OIL NAILS MAYBE REQUIRED GENERAL NOTES: 1. EXISTING CONDITIONS /SURVEY PROVIDED BY TUTTLE SURVEYING. Z THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET ULTIMATE ALIGNMENT OF SOIL NAIL WALL. 3. EXISTING CONTOUR INTERVALS ARE AT 1 -FOOT. 4. TOP OF WALL ELEVATIONS TO BE FIELD SET; PROFILE BASED ON 1 -FOOT CONTOURS. 5. BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF 16- INCHES BELOW EXISTING AND /OR PROPOSED FINAL GRADES AT BOTTOM OF WALL. 6. SQUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMATE, MEASURED FROM TOP OF WALL TO BOTTOM OF WALL. ESUNT ; EXISTINO BRIDGE t.,4 TO BE REMOVED PROPERTY LINE (TYP) 0 • \E�f1SNG �i4MC E7E WALK A�y1,`' 4` OF SOIL NAIL WALL ' F...__ TERMINATION. l,'"1 /'�} / �.Y a O BE REMOVED) XI TI G D SLOPE FROM EDGE OF yV f CONCRETE` TO EXISTING , -. GRADE AT 2. t MAX OR PLACE SNORT LANDSCAPE 4 / RE 2. i IS NOT S W WALL � E 4 . i V V ..J V { J \ � \ . ,, . .. t4� 1 \�4 -J� C.. $ { / � - • ' t +""+,`... 1 ! (! `" „ ,ter` �' / A I A I I 1 f t A I i A I I /'\ l 1 l ! r- [ ! 2 +00 BUILDING C&D SOIL NAIL WALL PROFILE V ER T. SCALE - 1 --- --10, _..Cdc7 - ..� °- ; 7. ALL EXISTING BRIDGES TO BE REMOVED AND ASSOCIATED WALKWAYS WILL BE CLOSED i c -H -ti 8020 OFF PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE. 'd• z z ri }' 8. ALL INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR DURING 0 - - I I oo c() c� rn CONSTRUCTION. EXIS77NG 'TIMBER `RETA INING- WALL - "� 'A 9. ALL EXISTING DRAINAGE PATTERNS TO REMAIN. _chi Ed 8012 w �TO, BE 'REMOVED K °- ---, `°_ '1 ', ..,� ~ t t 10. BRIDGE EASEMENTS PER BK. 14, PG. 32 ' Z 8004 1 lop z ~ ' 11. 15-FT PUBLIC TRAIL BK, 3, PG. 376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN z — - 8000 SURVEY ENGINEERS, INC. DATED JUNE 7, 1995 & FILED AS BK. 40, PG. 99 & BK. 7, PG. 85. ESUNT ; EXISTINO BRIDGE t.,4 TO BE REMOVED PROPERTY LINE (TYP) 0 • \E�f1SNG �i4MC E7E WALK A�y1,`' 4` OF SOIL NAIL WALL ' F...__ TERMINATION. l,'"1 /'�} / �.Y a O BE REMOVED) XI TI G D SLOPE FROM EDGE OF yV f CONCRETE` TO EXISTING , -. GRADE AT 2. t MAX OR PLACE SNORT LANDSCAPE 4 / RE 2. i IS NOT S W WALL � E 4 . i V V ..J V { J \ � \ . ,, . .. t4� 1 \�4 -J� C.. $ { / � - • ' t +""+,`... 1 ! (! `" „ ,ter` �' / A I A I I 1 f t A I i A I I /'\ l 1 l ! r- [ ! 2 +00 BUILDING C&D SOIL NAIL WALL PROFILE BUILDING C SOIL NAIL WALL PROFILE V ER T. SCALE - 1 --- --10, " HORZ. SCALE 1 �1_ 10) i c -H -ti 8020 w 'd• z z ri }' 8015 �0 0) 0 - - I I oo c() c� rn 11 II I' rn p C7 tC} C3� hh r Z _chi Ed 8012 w s.-. Iw.1 Z Z 8004 1 Z 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND w z — - 8000 U) a ° FF EL. =79971 w n� z 0 Y .. r: � C � F , -�-�-- SCL - SEDIMENT CONTROL, LOG z � t LL i• (NOT 2'Gi SCALE) 6 t .E ' 0 LO 0) 7992 4C} C? o too 00 00 c�i Q) m BUILDING C SOIL NAIL WALL PROFILE FM/ /IA MO E h M APPROXIMA owfib ". 0, CROSS SECT END UPPER SOIL NAIL WALL AT STA: 2+90.5, PROPOSED VENT TOP OF WALL TO MATCH TRACKING CONTROL EXISTING GRADE PROPOSED FINISHED GRADE EXISTING GRADE A 0 G1 V ER T. SCALE - 1 --- --10, " HORZ. SCALE 1 �1_ 10) i c -H -ti 8020 w 'd• z z oiC)o CD 8015 0 E4 C m Austrian Copper Rose 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 4 THE HEIGHT OF THE CREST OF LOG. Z u� ?> Ed 8012 w w w 80108 Z Z 8004 1 Z 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND w z z 8000 FF EL. =79971 w n� z 7996 o 0 .DATUM .ELffV 2 FM/ /IA MO E h M APPROXIMA owfib ". 0, CROSS SECT END UPPER SOIL NAIL WALL AT STA: 2+90.5, PROPOSED VENT TOP OF WALL TO MATCH TRACKING CONTROL EXISTING GRADE PROPOSED FINISHED GRADE EXISTING GRADE A 0 G1 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2- INCHES. "...�. z " d Amur Maple z N w Aspen z z CD 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 0 E4 C m Austrian Copper Rose 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 4 THE HEIGHT OF THE CREST OF LOG. Z u� ?> Ed LoW GLOW NatlVe GCaSSBS w w w F— C 1 w 0 " Z Z }}�. Z 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND w z z O w n� z o 0 0 LANDSCAPING LEGEND 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2- INCHES. "...�. z " Amur Maple z SEDIMENT CONTROL LOG MAINTENANCE NOTES w Aspen z CU CD 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 0 E4 C .0 Austrian Copper Rose 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 4 THE HEIGHT OF THE CREST OF LOG. Z u� ?> Ed LoW GLOW NatlVe GCaSSBS C � F— C 1 w 0 " Gardens }}�. Z 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND j '`*-M'' z z z 0) C ,....r� FF EL. lD 8000 t' REVEGETATED /STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION, � C � Lr) LL -�-�-- SCL - SEDIMENT CONTROL, LOG z � LL 7996 (NOT 2'Gi SCALE) EXIS ING 0 7992 Z 0 SEDIMENTATION LOG -12" MIN. DIAMETER USE A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ORIENTATION THROUGHOUT THE SEDIMENTATION LOG. d USE TWO STAKES 1 112 - x 11/2 " x SUFFCIENT LENGHT TO EMBET AT LEAST 12" INTO SOIL AT EACH END OF LOG TAKE AT 90 DEG. TO EACH OTHER y WETLANDS OR FEATURES �, • t 0 • ° Uj LjL SECTION A - A C SEDIMENT CONTROL LOG INSTALLATION NOTES 06 z 1. SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. ,,,,r.+ 2. SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. / t1 < '" .j 3. SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER, 4. NOT FOR USE IN CONCENTRATED FLOW AREAS. 0 APPROXIMATE FINISHED GRADE. 5. THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2- INCHES. "...�. z " z SEDIMENT CONTROL LOG MAINTENANCE NOTES w z CU CD 1. THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 0 3�t C SOa$ EXISTING SIDEWALK 2. SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 4 THE HEIGHT OF THE CREST OF LOG. Z ,�,.�"" ��"+4.r C 8004 3. SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND j '`*-M'' z z ("" j *�*' ,....r� FF EL. lD 8000 t' REVEGETATED /STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION, � C � =saoo _ -�-�-- SCL - SEDIMENT CONTROL, LOG z � LL 7996 (NOT 2'Gi SCALE) EXIS ING 7992 Z 0 79803 ,I (f 7984 .DATlM ,ELE''V 77� ��" LJ ) L.,