HomeMy WebLinkAboutLand Use Case.201 E Hyman Ave.0068.2013.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0068.2013.ASLU
PARCEL ID NUMBERS 2735-12-4-73-001
PROJECTS ADDRESS 201 E HYMAN AVE
PLANNER AMY SIMON
CASE DESCRIPTION HEIGHT VARIENCE
REPRESENTATIVE DEREK SKELCO
DATE OF FINAL ACTION 10/31/2014
CLOSED BY ANGELA SCOREY ON: 3.19.15
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MEMORANDUM
TO: Mayor Skadron and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Simon, Historic Preservation Officer
RE: 201 E. Hyman Avenue, Height Variance
Resolution No. 104, Series 2013, Public Hearing
.DATE: November 18, 2013
APPLICANT/OWNER: 201 EH Investments
LLC.
REPRESENTATIVE: Guerin Glass Architects .....
and 1 Friday Design Collaborative _ .
LOCATION: 201 E. Hyman Avenue, Lots A, _
B and the west 2/3rd of Lot C, Block 76, City "
and Townsite of Aspen, Parcel ID# 2735- j
124-73-001.
REQUEST: Council is asked to approve a77 !1,411
�, " a
The location of the
height variance of 5'.
r
variance is limited related only to how ?ti
height is calculated adjacent to a lightwell F
proposed to be constructed in the middle of
this site as part of a pending redevelopment.
BACKGROUND: The applicant has recently purchased 201 E. Hyman, a landmarked single family
home. Although the property is zoned for Mixed Use, which would allow as much as 16,000
square feet of floor area, the owner has decided to maintain it as a residence of 4,020 square feet
of floor area.
In September 2013, the Historic Preservation Commission reviewed a proposal to demolish all
non-historic construction on the site, to lift the historic house for basement excavation, to make
an addition to the house, and to move the outbuilding to a new position on the site. HPC granted
approval and recommended that. Council allow the height variance. Subsequently, some
neighboring property owners indicated that they had not received public notice of the HPC
meeting by mail. To ensure that the public is given an opportunity to participate in the
discussion, the project will be re-reviewed by HPC on Nov. 13th. Staff will provide Council with
the board's decision as part of the presentation on November 18th
The proposed project will restore the miner's cottage on the site to its original size, and then
create a linking hallway that leads to a new two story mass along the east property line, buffering
Page 1 of 2
the house from the very tall fagade of the Limelight Hotel next door. A historic outbuilding will
be preserved along the alley. The project has been designed to provide `,`breathing room" and
green space around the historic structures. .
The architects have designed a large Lightwell at the middle of the site, not visible from the
street, that would allow substantial daylight into the below grade space. This decision reduces,
to some extent, the amount of above grade space that can be built on the site, since the large
lightwell will result in more of the basement area counting in the floor area limit than might
normally be the case. Reducing above grade space in favor of quality below grade space is a
good preservation outcome. However, whenever a lightwell is larger than 100 square feet in area
(this one is 230 square feet, 23' x 10'), the Municipal Code requires that the height of an adjacent
living space will be measured from the bottom of the lightwell, rather than from natural grade.
The two story aspect of this project is directly alongside the east edge of the lightwell. Measured
from grade, this living space is 20' 2" tall, which is under the maximum height limit by 5'.
Measured from the bottom of the lightwell, the addition is 30'9" tall, with is 5'9" over the
maximum height limit.
Council is the only decision making body with the authority to grant a height variance.
STAFF RECOMMENDATION:
The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate
that reasonable use of the property has been withheld by the City and can only be achieved by
the City providing a variance. In situations where all, or practically all, reasonable use of a
property is made impossible by development regulations, the City has the ability to grant a
variance to avoid a"regulatory taking". City staff believes this property has reasonable use.
The property owner must demonstrate that his rights, as compared with owners of similar
properties, have been deprived. In considering this criterion, the Council must consider unique
conditions inherent to the property but which are not the result of the applicant's actions.
Staff acknowledges the limited effect of this variance request. Staff supports this historic
preservation project in terms of the HPC design guidelines and policies. The height conflict,
however, is created by choices made by the architect team. There are other design solutions that
could still achieve their concept without requiring a variance. Staff does not believe this
application meets the City's strict standards for a variance. Staff recommends denial of the
variance. A resolution approving the variance has been provided in case that is the direction of
Council.
CITY MANAGER COMMENTS:
PROPOSED MOTION:
"1 move to approve Resolution No. 104, Series 2013."
ATTACHMENTS:
EXHIBIT A— Review Criteria and Staff Findings
EXHIBIT B— Application
Page 2 of 2
EXHIBIT A
RmEw CRITERIA
26.314.04.0.A—Variances, Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Staff Response — The purpose of the City's land use code is very general. It does,
however, speak to the legitimate rights and reasonable expectations of property owners.
Staff believes a reasonable expectation is that zoning limitations are observed and
enforced as uniformly as practical. Staff does not believe this criterion is met.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure; and
Staff Response — Staff believes reasonable use of the property already exists and that
no variance is necessary to achieve reasonable use. Staff does not believe this criterion is
met.
3. Literal interpretation and enforcement of the terms and provisions of this Title
would deprive the applicant of rights commonly enjoyed by, other parcels in the
same zone district and would cause the applicant unnecessary hardship, as
distinguished from mere inconvenience.. In determining whether an applicant's
rights would be deprived, the Board shall consider whether either of the following
conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district.and which do not result from the actions of
the applicant; or
Staff Response — The applicant has preservation obligations that not all
properties in Aspen are subject to, however there are other mechanisms in place that
provide relief and variances to offset the challenges of working around a historic
resource. Staff does not believe this criterion is met.
b. Granting the variance will not confer upon the applicant any special privilege
denied the terms,of this Title and the Municipal Code to other parcels, buildings
or structures, in the same zone district.
Staff Response — Receipt of a height.variance would grant a special privilege not
available to other properties. Staff does not believe this criterion is met.
RESOLUTION NO. 104
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL GRANTING A HEIGHT
VARIANCE TO 201 E. HYMAN AVENUE,LOTS A, B AND THE WEST 2/3RD OF LOT C,
BLOCK 76, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID : 2735-124-73-001
WHEREAS, the Community Development Director received a request for a height
variance from the owner of 201 E. Hyman Avenue, Lots A, B and the west 2/3 d of Lot C, Block
76, City and Townsite of Aspen, Colorado; and,
WHEREAS, the City Council, pursuant to Chapter.26.314, may approve, approve with
conditions, or deny the variance request; and,
WHEREAS, the City Council has taken and considered written and verbal testimony
from the City of Aspen Community Development staff, Guerin Glass Architects and 1 Friday
Design Collaborative, representing the owner, and the general public, and has found that the
application for a height variance meets the standards of review; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is
necessary,for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council approves a variance related
only to how height is calculated adjacent to a lightwell proposed to be constructed in the middle
of this site as part of a-pending redevelopment.
J
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED by the Aspen City Council at its regular meeting on , 2013.
ATTEST:
Kathryn S. Koch,City Clerk Steven Skadron, Mayor
APPROVED AS TO FORM:
James R. True, City Attorney
Resolution No. 104, Series of 2013
210 Cooper Condominium Association
Aspen, Colorado
November 12, 2013
Honorable Steven Skadron
Mayor, Aspen City Council
Subject: Proposed Development of Hartmann House Lot
201 E. Hyman Avenue
J
The 21 condominium owners in the 210 Cooper condominium building share the block bordered by
Cooper, Aspen, Monarch and Hyman streets with the proposed Hartmann House lot development and
the Limelight Lodge. The 210 Cooper Condo Board of Directors wishes to go on record that it generally
favors the Hartmann property owners proposal to develop the property as a single family dwelling and is
willing to cooperate with the owners to assist in moving the project expeditiously along. However,we
have several concerns that need to be addressed.
We request a minimum five feet setback of any development along the alley immediately behind the
210 Cooper building adjacent to the Hartmann House lot in order that the project does not impinge
upon the 210 owner's use of the parking spaces accessed through this alley. Compounding the problem
is that this alley is presently also extensively used by the Limelight Lodge with large recycle and trash
truck pickups that require ample space to maneuver in addition to 210 Cooper owners parking use. The
alley was once a thoroughfare between Aspen and Monarch Streets and the 210.Cooper owners
acceded to the City's request to permit it to vacate a large portion of the thoroughfare, creating a dead-
end alley, so that the Limelight developers could use the vacated land for building. In view of our
cooperation in that instance, we respectfully request continued city cooperation to preserve the alley
parking spaces immediately to the rear of the 210 Cooper building.
Additionally,the 210 Cooper Board has concerns about the height, parking and lot density variances
being requested by the Hartmann House developers. These concerns will be more fully presented by
210 Cooper representatives at the City Council meeting on November 18, 2013. We ask that the City
Council urge the developers to work closely with the 210 Cooper Condominium Association Board in
order that its concerns in this respect may have some positive bearing on the development.
Respectfully,
Robert Leatherman, Secretary
Board of Directors
210 Cooper Condominium Association
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
AA?DRES OF_PROPERTY: nn
0 _ L cA f-trBLspen, CO
�CJIEDULED PUBLIC HEARING DATE:
rl'oyl 3 �l 0 y1 ' 20j3
STATE OF COLORADO ) _
ss.
County of Pitkin )
I, Z V1 cc m 1 luct1 a Pl+ 1 (name, please print)
being or representing an App icant to the City.of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days"prior to the public hearing. A copy of the publication is attached hereto:
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
'materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 20 ,to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered,or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property.subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the ommers and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
_ waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen(15) days
prior to the public hearing on such amendments.
Signature
F
The foregoing "Affidavit of Notice"was acknowledged before me this& ay
of - _ , 20J3 by i Ik� Iv�6r\
ti :l
PUBLIC NOTICE i! i
RE: 201 E.HYMAN AVENUE- -
HEIGHT VARIANCE - -
NOTICE IS HEREBY GIVEN that a public hearing / WITNESS MY HAND AND OFFICIAL SEAL
will be held on Monday,November 18,2013,at a /
special meeting to begin at 5:00 P.M.before the /
Aspen City Council,in Council Chambers,City '
Hall,130 S.Galena St.,Aspen. City Council wi l My commission expires:
' review an application submitted by 201 EH Invest-
ments LLC,P.O.Box 7928,Aspen,CO 81612, /
owner of the property located at 201 E.Hyman Av- 7R
n
enue,Lots- -and the west Lica of Lot es Block 1— O n0
76, City and Townsite of Aspen, PID I �.y11/ .
#2735-124-73-001. The applicant requests ap-
proval for a height variance,only related to the way -Notary 0 Public
that height is calculated adjacent to lightwells. For
further information,contact Amy Simon at the City /of Aspen Community Development Department, -
130 S.Galena SL,Aspen,CO,(970)429-2758, .. -
amy.simon®cityofaspen.com.
a/Steven Skadron,Mayor
Aspen City Council -
Published in the Aspen Times Weekly on October _ -
31,2013. [96678161
CHMENTS AS APPLICABLE:
* COPY OF THE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
Y
s
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
.; o i C<KT OYw1AKl AWtyvr-- ,Aspen,CO
SCHEDULED PUBLIC HEARING DATE:
MONPAY , PbVEFMOEa�? I F-TH 920 13
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E)of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15)days prior to the public hearing
on the'6014 day of Oc�� '� , 20_15
, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (3 00) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of,Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty(30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Signature
The foregoing"Affidavit of Notice" was ackowledged before me this W day
of C')Cno a z i� , 201 , by �A 0 sl't iy
Apawoft WITNESS W HAND AND OFFICIAL SEAL
SftdMraftMy commission ex fires: —3 0
ley ID X064043079
0J.1.1Z
INy n 6�res Deoem 9Q 2016
Nota Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY GRS. §24--65.5-103.3
r'
PUBLIC NOTICE
RE: 201 E.HYMAN AVENUE-HEIGHT VARIANCE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,November 18,2013,at
a special meeting to begin at 5:00 p.m. before the Aspen City Council, in Council Chambers, City Hall,
130 S. Galena St., Aspen. City Council will review an application submitted by 201 EH Investments
LLC, P.O. Box 7928, Aspen, CO 81612, owner of the property located at 201 E. Hyman Avenue,
Lots A, B and the west 2/3`d of Lot C, Block 76, City and Townsite of Aspen, PID #2735-124-73-
001. The applicant requests approval for a height variance, only related to the way that height is
calculated adjacent to lightwells. For further information, contact Amy,Simon at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758,
amy.simon@cityofaspen.com.
s/Steven Skadron,Mayor
Aspen City Council
Published in the Aspen Times on October 31, 2013
City of Aspen Account
1006 EAST HOPKINS LLC 306 S GARMISCH TOWNHOMES CONDO AJAX KABIN LLC
215 S MONARCH SUITE 104 C/O WRW&CO 25 BROAD ST APT TSF
ASPEN, CO 81611 16130 VENTURA BLVD#320 NEW YORK, NY 10004
ENCINO, CA 91436
ASPEN SKIING COMPANY LLC ASPEN/PITKIN COUNTY HOUSING AUTH ATTERBURY ANDREW L&PRENTICE
PO BOX 1248 0.01% GWYN A
ASPEN, CO 81612 530 E MAIN ST#001 2001 SHAWNEE MISSION PKY
ASPEN, CO 81611 SHAWNEE MISSION, KS 66205
BARNES JACK&BONITA BARRETT STEVEN R BERNSTEIN JEREMY M PROFIT
125 E HYMAN AVE 2A C/O JP WEIGAND&SONS INC SHARING PLAN
ASPEN, CO 81611 150 N MARKET 610 NORTH ST
WICHITA, KS 67202 ASPEN, CO 81611
BLOEMINK BARBARA BOGIN ROBERT M BOND ANN
210 E HYMAN AVE#5 4280 S MEADOW BROOK LN 210 E HYMAN#6
ASPEN, CO 81611 EVERGREEN, CO 80439 ASPEN, CO 81611
BRAYMAN WALTER W&PATRICIA BRINING ROBERT BROADSCOPE PTY LTD
844 ROCKWELL LN 215 S MONARCH ST STE 203 CATLOW TRUST
KANSAS CITY, MO 64112-2363 ASPEN, CO 81611 223 RIVERTON DR
SHELLEY AUSTRALIA 6148,
BROWN SHANE&KRISTINE BUSH ALAN DAVID CALLAHAN PATRICIA
3334 LA CIENEGA PL 0046 HEATHER LN 0184 MOUNTAIN LAUREL DR
LOS ANGELES, CA 900163117 ASPEN, CO 81611-3342 ASPEN, CO 81611
CARRIGAN RICHARD A JR CASA KESS LLC CAYTON ANDREA TRUST
25526 WILLIAMS RD PO BOX 3121 2379 EARLS CT
WARRENVILLE, IL 60555 ASPEN, CO 81612 LOS ANGELES, CA 90077
CHALET LISL PARTNERSHIP LTD CHRISPAT ASPEN LLC CITY OF ASPEN
100 E HYMAN AVE 1107 5TH AVE#35 ATTN FINANCE DEPT
ASPEN, CO 81611 NEW YORK, NY 10128 130 S GALENA ST
ASPEN, CO 81611
CLARK FAMILY TRUST CLARKS ASPEN LLC CLAUSEN FAMILY TRUST NO 1
PO BOX 362 818 SOUTH MAIN ST C/O GUNDY MGMT CO
ASPEN, CO 81612 BLANDING, UT 84511 PO BOX 47
MORRIS, IL 60450
COHEN JACK DAVID COHN PETER L COOPER TWO LLC
5 WOODLAND CT PO BOX 2138 950 HILL RD
SAYVILLE, NY 11782 ASPEN, CO 81612 WINNETKA, IL 60093
f
CRETE ASSOCIATES LP CRYSTAL PALACE ACQUSITIONS LLC DALTON CHARLES O IRREV TRUST 50%
PO BOX 1524 2100 E MAPLE RD, STE 200 1031 S CALDWELL ST#200
BRYN MAWR, PA 19010 BIRMINGHAM, MI 48009 CHARLOTTE, NC 28203
DAVIDSON DONALD W DAVIS HORN INCORPORATED DB ASPEN HOLDINGS LLC
864 CEMETERY LN 215 S MONARCH#104 3400 N CAUSEWAY BLVD
ASPEN, CO 81611 ASPEN, CO 81611 METAIRIE, LA 70002
DE SOTO LINDA JANE LIV TRUST DOLLE NORMA L REV TRUST DUNN DAVID&POLLY
1209 MANHATTAN AVE#130 1103 HERITAGE DR 611 S UPPER BROADWAY
MANHATTAN BEACH, CA 90266 CARBONDALE, CO 81623 CORPUS CHRISTI, TX 78401
DUNTON KAY L TRUST DUPLEX INVESTMENTS LLC 50% ELLIOTT ELYSE A TRUST
210 E HYMAN AVE#7 10601 N PENNSYLVANIA AVE 610 NORTH ST
ASPEN, CO 816112012 OKLAHOMA CITY, OK 73120 ASPEN, CO 81611
FEDER HAROLD L&ZETTA F FREDRICK LARRY D FTG ASPEN LLC
985 CASCADE AVE ROBERTS JANET A 6735 TELEGRAPH RD#110
BOULDER, CO 80302-7550 215 S MONARCH ST#6101 BLOOMFIELD HILLS, MI 48301-3141
ASPEN, CO 81611
FUQUA ALVAH D JR&DIANNE L FYRWALD JON ERIK&GUDRUN L GEORGIEFF KATHERINE TRUSTEE
446 LAKE SHORE DR 126 EAST HICKORY ST 11 TOPPING LN
SUNSET BEACH, NC 28468 HINSDALE, IL 60521 ST LOUIS, MO 63131
GIEFER PATRICK GLISMANN JOHN P GOODING RICHARD L
204 SARATOGA VEIN CT PO BOX 4999 4800 S HOLLY ST
CASTLE PINE, CO 80108 ASPEN, CO 81612 ENGLEWOOD, CO 80111
GOOLSBY BRYAN L&MICHELLE L GORDON BRIAN S GRAND SLAM HOLDINGS LLC
6722 WAGGONER 26985 CRESTWOOD CIO CARL B LINNECKE CPA PC
DALLAS, TX 75230 FRANKLIN, MI 48025 215 S MONARCH ST#101
ASPEN, CO 81611
GSS MONARCH LLC GUBSER NICHOLAS J GUNION JOHN F
PO BOX 3377 PO BOX 870 1004 MARINA CIR
BASALT, CO 81621 ASPEN, CO 81612 DAVIS, CA 95616
GUTNER KENNETH H REV TRUST HART GEORGE DAVID&SARAH C HERRON SANDRA A
PO BOX 11001 PO BOX 5491 119 E COOPER AVE APT 19
ASPEN, CO 81612 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611-1761
HOLYOAKE LAURENCE M&COX HONE THOMAS A&CAROL A HOSKIN REEDE
HEATHER J 130 E WAYNE ST PO BOX 2478
#4A CELINA,OH 45822 BASALT, CO 81621-2478
555 E DUR
ASPEN, CO 8161.1
IFTNFS LLC JACARANDA ASPEN LLC JACKSON BISQUE
0115 GLEN EAGLES DR PO,BOX 11980 PO BOX 9064
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
JACOBSON FAMILY TRUST JCS GARMISCH LLC JMS LLC
2168 SANTA MARGARITA DR PO BOX 11636 0115 GLEN EAGLES DR
FALLBROOK, CA 92028 ALEXANDRIA, LA 71315 ASPEN, CO 81611
JOHNSON PETER C&SANDRA K JONES MICHAEL C KAISER HARRIS FAMILY TRUST
51 OVERLOOK DR PO BOX 7966 12942 CHALON RD
ASPEN, CO 81611-1008 ASPEN, CO 81612 LOS ANGELES, CA 90049
KAMINER NINA
KAUFMAN STEVEN TRUST&HARLOW
KEBER VINCENT M III
25 BROAD ST/TSF VIRGINIA TRUST 1301 WAZEE#2E
NEW YORK, NY 10004 0554 ESCALANTE DENVER, CO 80204
CARBONDALE, CO 81623
KEITH JOHN III KELLY GARY KIRIANOFF PATRICIA TRUST
PO BOX 4783 PO BOX 12356 PO BOX 1749
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
KNAPP MICHAEL LARKIN FRED C SPOUSAL TRUST LARRABEE DONALD C JR
1001 MEDICAL PK STE 213 ONE COVE LN 1417 POTTER DR STE 105
GRAND RAPIDS, MI 49546 BOW MAR, CO 80123 COLORADO SPRINGS, CO 80909
LEATHERMAN ROBERT D LEDINGHAM DAVID CHARLES 16% LIMELITE REDEVELOPMENT LLC
PO BOX 11930 124 E COOPER ST CONDO ASSOC
ASPEN, CO 81612 ASPEN, CO 81611 C/O GENERAL MANAGEMENT
1201 GALAPAGO ST#101
DENVER, CO 80204
LOFINO MICHAEL D LORING PETER&ELIZABETH S LUBIN SHAFIGHEH
3255 SEAJAY DR LORING WOLCOTT&COOLIDGE OFFICE PO BOX 3748
DAYTON,OH 45430 230 CONGRESS ST ASPEN, CO 81612
BOSTON, MA 02110
MACDONALD VALERIE MEEKER RICHARD J AND ALLISON D MESSNER CHRISTIAN
PO BOX 1681 0752 MEADOWOOD DR 119 E COOPER AVE#21
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
MOP LLC MORRONGIELLO LYDIA A NELSON ARLENE
5348 VEGAS DR 1178 HICKORY WY 119 E COOPER ST#6
LAS VEGAS, NV 89108 ERIE, CO 805167994 ASPEN, CO 81611
NEWMAN KERRY J&RICKI R NORRIS JOAN NORTH &SOUTH ASPEN LLC
617 PRINCE DR PO BOX 12358 200 S ASPEN ST
NEWBURGH, IN 47630 ASPEN, CO 81612 ASPEN, CO 81611
OBRIEN MAUREEN OFM HOLDINGS LP ORR ROBERT L
1370 MAIN ST PO BOX 541208 2700 G ROAD#12A
CARBONDALE, CO 81623 DALLAS, TX 75354 GRAND JUNCTION, CO 81506
PARK CENTRAL CONDO ASSOC PARKER RICHARD C&KAREN S PAY ERIC GEOFFREY
215 S MONARCH ST STE 203 3029 BAKER MEADOW SE 119 E COOPER AVE APT 12
ASPEN, CO 81611 ATLANTA, GA 30339 ASPEN, CO 81611-1772
PAY-ASE PROPERTIES LLC PENTHOUSE ONE&TWO LLC PEONY LLC
2200 ROSS AVE#3838 PO BOX 11980 121 BARRANCA AVE
DALLAS,TX 75201 ASPEN, CO 81611 SANTA BARBARA, CA 93109
PERREAULT GEORGE C TRUST PITNER N KATHRYN POPKIN PHILIP G
7336 CAPTAIN KIDD AVE PO BOX 11930 PO BOX 7956
SARASOTA, FL 34231-5442 ASPEN, CO 81612 ASPEN, CO 81612
PRASAD REV TRUST PRODINGER IRMA PROSPECTOR FRACTIONAL OWNERS
3776 W 3700 N PO BOX 1245 ASSOC
DARLINGTON, ID 83255 ASPEN, CO 81612 301 E HYMAN AVE#108
ASPEN, CO 81611
PURVIS ROBERT K TRUST RACZAK JOSEPH S&JANET L RASMUSSEN DAVID L&RITA M
PO BOX 3089 0234 LIGHT HILL RD PO BOX 120262
ASPEN, CO 81612 SNOWMASS, CO 81654 ARLINGTON, TX 76012
RIVOLI INVESTMENTS LLC RLC ASPEN LLC ROMER MARCY&FRANK L
533 E HOPKINS AVE 3RD FLR 12500 PARK POTOMAC AVE#207N 10204 E SHERI LN
ASPEN, CO 81611 POTOMAC, MD 20854 ENGLEWOOD, CO 80111
ROSENFELD EUGENE S&MAXINE M ROSSI ELAYNE R TRUST RUMSEY DANIEL W
TRST PO BOX 7961 1325 PACIFIC HIGHWAY#1902
10601 WILSHIRE BLVD#20 EAST ASPEN, CO 81612 SAN DIEGO, CA 92101
LOS ANGELES, CA 90024
SB PAD HOLDINGS III LLC SCULL JAMES E SHAW ROBERT W
6262 S ROUTE 83#200 PO BOX 2051 5720 LOCKE AV
WILLOWBROOK, IL 60527 ASPEN, CO 81612 FORT WORTH, TX 76107
SHENNAN MELISSA A SIMPSON JANET MARIE SIX STONES LLC
822 LANE LORRAINE 233 E COOPER AVE#205 PO BOX 626
LAKE FOREST, IL 60045-1643 ASPEN, CO 81611 PEBBLE BEACH, CA 93953
SMITH FRANK FORD JR&KATHARINE STETSON WILLIS J JR&SALLY W STITT ELIZABETH WILES IRREV TRUST
LINDSAY 23 SLEEPY HOLLOW DR 1450 SILVERKING DR
2506 STRATFORD DR NEWTOWN SQUARE, PA 19073 ASPEN, CO 81611
AUSTIN, TX 78746
SULLIVAN JOHN B TRUST SUNNY SNOW LTD TOMLINSON JAMES
1300 E REUSCH RD PACE KENT STACEY
ELIZABETH, IL 61028 308 TORCIDO DR 100 E COOPER AVE#2
SAN ANTONIO,TX 782095645 ASPEN, CO 81611
TRENTLY TRUST TRUE JAMES R VANOVER STEFANIE KAI
C/O WRW CO PO BOX 2864 333 NE MIZNER BLVD TN-4
16130 VENTURA BLVD#320 ASPEN, CO 81612 BOCA RATON, FL 33432
ENCINO, CA 91436
VORTEX INVESTMENTS LLC 50% WALSH WILLIAM LLOYD WEINGLASS LEONARD
3336 EAST 32ND ST#217 120 WEST THIRD ST SUITE#400 PO BOX 11509
TULSA, OK 74135 FORT WORTH, TX 76102 ASPEN, CO 81612
WHITE JALEH WHITMAN WENDALIN WHITMAN WENDALIN
152 E DURANT AVE 210 E HYMAN AVE#101 PO BOX 472
ASPEN, CO 81611-1737 ASPEN, CO 81611 ASPEN, CO 81612
WICHMANN VICTORIA WILTGEN JOHN&KATIE HONE WINFIELD ARMS CONDO ASSOC
119 E COOPER ST#4 130 E WAYNE ST 600 E HOPKINS AVE#203
ASPEN, CO 81611 CELINA,OH 45822 ASPEN, CO 81611
WOLOFSKY MOIRA WOLPERT BILL H &WOLPERT JUDE YOUNG BARBARA A
PO BOX 1026 2280 KOHLER DR 210 E HYMAN AVE#9
PALM BEACH, FL 33480 BOULDER, CO 80305 ASPEN, CO 81611
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PUBLIC NOTICE
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PUBLIC NOTICE 201 Public noticing as posted 10-30-13
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date: Monday, Nov. 18,2013
Time: 5:00 p.m.
Place: Council Chambers city Mailing Notifications delivered to Aspen
Hall.130 S Galena Aspen USPS for mailing on 10-30-13 (Adam
Purpose: was more curious than Jim a few days
Council will review an application by_
201 EH Investments LLC P.O.Box prior)
7928 Aspen, CO 81612 owner of
this propeq. A height variance,oni M1
related to the way that height is
calculated adiacent to lightwells,is
r uested. �- ..
For further information contact Aspen
PlanningDept- 97075ts.
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30 OCT 20131,L31 'T
Page 1 of 1
Derek Skalko
From: Derek Skalko [derek@lfriday.com]
Sent: Thursday, October 31, 2013 1:46 PM
Tly�� / PlUf �`��
To: taddune@compuserve.com
Cc: 'Debbie Quinn'; 'Amy Simon; 'Chris Bendon'; 'Derek Skalko' 2®� ILIA
Subject: 201 East Hyamn City Council Notification Issued 10-30-2013
Attn: Mr. Paul J Taddune, P.C. COV�JLI
Re: 201 East Hyman Residence—City Council Height Variance Request � �
CC: Mr. Chris Bendon, Ms.Amy Simon, Ms. Debbie Quinn
Good Afternoon Paul &City of Aspen Team,
Happy Halloween to each of you. Please be informed all mailing notifications regarding the 201 East Hyman
Aspen City Council Height Variance Request(scheduled for Monday, November 18th, 5pm) have been sent as of
Wednesday(10-30-2013) via US first class mail to each individual (except for Australia- international first class
issue) on the attached PDF listing. Additionally, you've been noticed Paul, and you should expect you to receive
notice by Saturday of this week at the latest. The required signage for the November 18th City Council meeting
has also been posted accordingly on the 201 East Hyman Avenue property. Please inform your listed clients
notification has been issued.
The Jacobsen Family Trust
Donald Larabee
Robert Leatherman
Peter Loring
Kerry&Riki Newman
Kathryn Pittner
James Scull
Melissa Sheenan
A copy of the notarized affidavit is attached for your records in addition to images taken from 201 East Hyman and
the Aspen Post Office on 10-30-2013. Adam says hello to each of you.
Thank you all, and we'll see you on November 18tH
Derek Skalko
11/5/2013
PO BOX 7928
Aspen,CO 81612-7928 •
Phone:970.309.0695
E-mail/Web:derek lfrida .cam/www.lfriday.com • '
To: Ms.Amy Simon; Director From: Derek Skalko, Local Representative
The Aspen Historic Preservation Commission 201 East Hyman Avenue Residence
E-mail: Amy.Simon@cityofaspen.com Date: October 30,2013
Phone: 970.429.2758 Pages: 8
Re: 201 East Hyman Avenue—Background CC: file
Information/Request for Height Variance
201 East Hyman Avenue
HPC Major Development—HPC Conceptual Approval
Hello Ms.Amy Simon, Mayor Steven Skadron&Member Elect of the Aspen City Council,
We are approaching the Aspen HPC &City Council on behalf of 201 EH Investments LLC,care of Mr.
Jason Grosfeld, manager and property owner of 201 East Hyman Avenue, to seek a height variance
for the project's stairwell tower, a secondary massing element to the HPC conceptual project as
proposed.
To familiarize you with 201 East Hyman, the residence is an 8,000 sq ft property located just outside
the defined commercial core of downtown Aspen. The property is legally defined as Lots A, B &West
2/3`"'s of Lot C, Block 76 within the City and Townsite of Aspen and is, by definition,zoned a mixed-use
lot according to the Aspen land use code. The property's maximum allowable height for a single family
residence is 25', and the massing element subject to the height variance we are requesting is 20'-2"in
height above the property's existing site grade(visually well below the 25'limit).
Our request of a height variance is driven by the fact we are proposing a lightwell internal to the
project's design larger than the allowable maximum of 100 sq ft per code. The actual above grade
height of the stairwell, a secondary massing element comprising the east wall of the lightwell, is 20'-2"
from the existing grade of the project site.The total height of the vertical wall surface from the subgrade s
courtyard/well is 30'-9", which, due to the larger size, then exceeds the 25' height allowable per Land
Use Code Section 26.575.020. We want to stress this discussion of"height" is attributed to the size of
the proposed lightwell and a post 2008 interpretation/revision to the Land Use Code.
The proposed project is being provided in its entirety per the requirements of the land use application.
Additionally, a computer model will be provided for the hearing to further explain our proposal and
request of variance for 201 East Hyman.
Packet Submission:
The 12 x 18"drawing packet included for your review of 201 East Hyman includes the following:
Sheet HPC-001:201 East Hyman title sheet
Sheet HPC-002: 201 Easy Hyman aerial mapping location with Aspen, and existing conditions imaging
taken from East Hyman Avenue and South Aspen Street perspectives.
Sheet HPC-003: Existing site plan with noted structures, topography, and all property and easement
setback conditions as recorded.
• 0
Sheet HPC-004: The existing and proposed site plan conditions with the proposed massing removals
and relocations indicated accordingly.
Sheet HPC-005: The existing sub-grade, main level and roof plans of the historic Victorian main
residence.
Sheet HPC-006:The existing exterior elevations of the historic Victorian main residence.
Sheet HPC-007: Existing floor and roof plans,and exterior elevations of the 201 alley outbuilding.
Sheet HPC-100: The proposed site plan for 201 East Hyman in addition to the contextual surrounding
downtown core, mixed use, and R-6 neighborhoods.
Sheet HPC-101: The proposed lower level (sub-grade)floor plan for the 201 main residence scaled at
1/8"=1'4'.
Sheet HPC-102: The proposed main level floor plan for the 201 East Hyman main residence,
outbuilding and property scaled at 1/8"=1'4'.
Sheet HPC-103: The proposed second level floor plan for the 201 East Hyman main residence, roof
plan for historic portion of the project and outbuilding scaled at 1/8"=1'4'.
Sheet HPC-104:The proposed roof plans for the 201 East Hyman project and site scaled at 1/8"=1'4'.
Sheet HPC-200: Proposed sections through the 201 East Hyman residential development scaled at
1/8"= V-0".
Sheet HPC-300: Proposed north (East Hyman) and south (alley) exterior elevations scaled at 1/8"=1'-
0". Proposed material callouts provided.
Sheet HPC-301: Proposed west (South Aspen) exterior elevation scaled at 1/8" =1'4'. Proposed
material callouts provided.
Proposed Project Overview, Design Intent & Preservation Background regarding 201 East
Hyman:
201 EAST HYMAN—DESIGN INTENT:
The goal of the proposed work at 201 East Hyman Avenue in Aspen's Downtown core is to preserve,
restore and expand an important and beautiful example of western Victorian architecture while
integrating the building with an evolving city fabric and expanding the house to accommodate a family
in a contemporary manner.
PRESERVATION:
The existing historic resource dates to 1898 or earlier, making it an important example of the mining
Victorian style, and an important piece of Aspen history. The exterior of the house itself will be
preserved in its original form and location. The addition dating from post 1997 will be removed. The
shed will also be preserved, and as the historic information indicates multiple locations over time, the
proposal is to locate the shed closer to Aspen Street. Both structures will be raised to allow for new,
expanded foundations and will be stabilized and/or restored to true form. Exterior details will be
preserved to match the historic information available, the windows upgraded but in a matching style,
and the roof replaced with wooden shingles.The interiors of both structures will be modernized and the
interior configurations adjusted to accommodate the expanded use.
PLANNING:
The planning will serve to not only showcase the existing house, but also expand its area to include
spaces for entertaining, family and guest quarters, and help integrate the delicate structures with the
variably scaled surroundings. The historic resource remains in its original location, with the shed
relocated toward Aspen Street. The new massing volume will be placed at the southeastern comer of
the lot,allowing for the greatest separation between the historic and new constructions as possible.
A central lightwell is introduced at the intersection of the new and historic structures which are linked by
a delicate, enclosed breezeway. This makes the reading of the historic structure primary in focus, and
helps to create a stronger edge on Aspen Street, and opens up the space within the site to allow for an
enlarged yard with maximized light and open air.The existing house remains the primary entrance and
expression of form on the corner of Aspen and East Hyman, and will contain a receiving room and
library along with supporting areas.This will link to a contemporary volume that sits back from the East
Hyman fagade approximately 26'-8" from the property line to the new house connected by a light-
structured,glazed breezeway.
At the ground level, the new volume contains a master suite, mud room, and garage space for two
cars. The upper level of this volume provides the main entertaining space, with the family kitchen,
dining area and indoor and outdoor living areas. The shed is repurposed as a habitable out-building
with support for the recreation amenity within in the yard. Extensive space is added below grade. To
the northeast, below the master suite and adjacent to the lightwell is a large family recreation space.On
the southeast corner are a fitness area and the prime mechanical space. Three bedrooms and a
children's bunk room are distributed around the project's central interior courtyard/well.
MASSING&SCALE:
The proposed form of the new volume to the southeast of the restored and expanded structure
supports the notation of the historic resource as a primary element and balances the scale of the
Victorian structure with the surrounding area. The new volume is a simple, quietly articulated mass,
pushed as far east on the site from the historic structures as possible, and back as far as possible from
East Hyman from the northern facade. The roof form matches that of the historic house and shed.
While taller than the existing structure,the new volume reads as secondary due to its location upon the
site,and the presence of the larger context that surrounds the property.
DESIGN:
While the historic structure is a highly articulated Victorian jewel,the new volume stands in contrast. It is
intentionally quiet, and rendered in a slightly darker color than the existing house so as to support the
idea of primary and supporting elements. The white, semi-ornate detailing of the existing house will be
fully restored and recreated. The shed itself has minimal detail, and its restoration will maintain this,
expressing its supporting role. The new volume further reinforces this by keeping the detailing to a
minimum, presenting itself as an extremely quiet supporting structure off to the side of and behind the
more vibrant house.
The siding is a clean shiplap, treated wood, with openings minimized and treated according to their
orientation. The street facade is covered by a uniform curtain of matching wooden louvers, creating
visual privacy for the interior spaces while maintaining views, and providing a visual quiet in contrast to
the more opulent historic house. The rear facade is open to the views —with similar fenestration but
with the louvers reduced or eliminated where possible. The western facade only has openings with the
connecting elements so as to reinforce the notion of the new volume as backdrop to the historic
resource. The linking elements are glazed on the vertical surfaces, with painted aluminum louvers on
the southwest facade to assist with solar control.This rendering is intended to create a clear visual and
spatial distinction between the historic and new volumes.
26.314.040.A—VARIANCES& STANDARDS APPLICABLE TO VARIANCES:
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code.
The purpose of the City's land use code is very general, and we do understand the reasonable
obligations of property owners for which these objectives and policies were initiated in the first
place. We believe we are requesting a height variance for a single family residence that has
absolutely no negative impact on the purposes, goals, objectives and policies of the Aspen Title
and City Municipal Code.
The height variance request is specific to a secondary proposed massing of the new construction
20'-1 3/" in height from the site's existing grade, with the remaining amount of the "height" being
located at or below grade. The location of the lightwell further negates any negative impacts to
.the surrounding neighborhood and community by being an internalized design feature that is
• •
physically out of any view planes from any pedestrian corridors along both South Aspen Street
and East Hyman Avenue.
The following language is taken from the Aspen Land Use Code, Section 26.575.020 (B) and
essentially"allows"the condition as proposed should the lightwell be 100 sq ft or smaller.
EXCEPTIONS
Areaways,Lightwells and Basement Stairwells:
Any of these elements that is less than one hundred(100)square feet, entirely recessed behind
the vertical plane established by the portion of the building fagade which is closest to the
street,and enclosed on all four sides to within eighteen(18)inches of the first
floor level shall not be counted towards maximum permissible height.
We are simply seeking the variance to create a more thoughtful and amenable subgrade area to
the project in terms of natural daylight and outdoor amenity, and the larger lightwell facilitates this
design strategy. The lightwell also reduces the impact to the proposed historic redevelopment by
facilitating a greater percentage of the project's mass below grade, allowing us to "aggregate" for
air and natural light in a central and primary area. It should be noted that we, on our initial HPC
conceptual hearing of the project held on September 25'h, 2013, did have unanimous support and
recommendation from the voting members of the Aspen Historical Preservation Commission (6-0)
to favor the massing and planning of the project as we are presenting before you, the members of
the Aspen City Council.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure.
We believe our height variance request for the 201 East Hyman stair massing makes for a
reasonable use of the subgrade amenity for the single family residence property by providing a
daylighting amenity more comparable to spaces typically found above grade. The height variance
request is to a proposed massing of the new construction 20'-1 W in height from the site's
existing grade, with the remaining amount of the "height" being located at or below grade. The
location of the lightwell further negates any negative impacts to the surrounding neighborhood
and community by only being detectable from within the 201 property itself. The central lightwell/
subgrade courtyard is an internalized design feature that is physically and visually kept out of
grade level view planes from all pedestrian corridors along both South Aspen Street and East
Hyman Avenue. The design feature will likely be undetectable from the adjoining alley area as
well.
We also would like to note the fact that if we are forced to reduce the sizing of the lightwell, the above
grade height of the proposed stair tower(situated at 20'-1 W per conceptual planning)will not change
or be reduced, as we are just slightly over the minimum required head heights per IBC requisites for
minimum allowable head height in a residential project. We are simply trying to make the design a
better solution for the long term use of the property's subgrade spaces and potential natural light
amenity.
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same
zone district and would cause the applicant unnecessary hardship, as
distinguished from mere inconvenience. In determining whether an applicant's
rights would be deprived, the Board shall consider whether either of the following
conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of
the applicant;
Regarding 201 East Hyman Avenue, we are unique from the perspective of the following:
We are a zoned MU corner lot property located along South Aspen Street and East Hyman
Avenue. The property contains both a one story historic mining cottageNictorian in addition to a
historical shed/outbuilding which we are proposing to maintain. We specifically have chosen to
maintain the residence in its existing single family status as we felt it was the most appropriate
way of re-utilizing the existing structures within the property in addition to maintaining the corner's
open historical character in relation to the neighborhood and also to the site itself. By allowing the
use of an atypical sized lightwell that is internalized completely to the center of the property, we
are able to provide both amenable subgrade areas comparative to above grade spaces in terms
of the quality of daylight and amenity while maintaining a sensitive above grade massing strategy
for the greater benefit of the existing historical resources on site and 201's surrounding
neighborhood and existing character.
b. Granting the variance will not confer upon the applicant any special privilege
denied the terms of this Title and the Municipal Code to other parcels,
buildings or structures, in the same zone district.
Regarding 201 East Hyman Avenue, we are requesting the height variance to specifically address a
very unique design scenario to the parcel. The lightwell sized larger than the 100 sq ft allowable area
does indeed provide for more amenable subgrade daylight area to the design planning and strategy of
the residence. It additionally encourages a greater use of the allowable FAR to be counted in a far less
impactful way to the massing and planning strategy of the parcel in relation to the historic resources
being maintained on the 8,000 sq ft parcel. Both the historic mining cottageNictorian main residence
and outbuilding/shed are proposed to be maintained. By approving the proposed lightwell as sized,we
are reducing the visual impact to the lot by counting the subgrade areas at a far higher percentage than
is typical of such residential projects consistent with a historical redevelopment. It is not unrealistic to
assume we've reduced an additional 350 to 400 sq ft of above grade mass via this design strategy.
Additionally, we want to again stress the fact that if we are forced to reduce the sizing of the lightwell,
the above grade height of the proposed stair tower(situated at 20'-1 W per conceptual planning) will
not change or be reduced, as we are just slightly over the minimum required head heights per IBC
requisites for minimum allowable head height in a residential project.
Drawing documentation, imaging, and PowerPoint and computer rendering explanation will all be
presented to further assist in demonstrating our final proposal during our scheduled hearing of Monday,
November 18th. In closing, we would simply like to express our sincere gratitude in considering our
request regarding 201 East Hyman Avenue.We look forward to presenting and discussing this concept
with you further.
Respectfully,
Derek Skalko
Local Representative,201 East Hyman Avenue
Project Reference Images: 201 East Hyman Residence
Proposed Project as Seen From East Hyman Avenue
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Proposed Project as Seen From East Hyman Avenue and South Aspen Street Intersection
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Simon, 429.2758 DATE: 10.17.13
PROJECT: 201 E. Hyman Avenue
REPRESENTATIVE: Derek Skalko
LAND USE REQUEST: Height Variance
DESCRIPTION:
The property at 201 East Hyman is a designated landmark. The owner has made a Major Development
application to HPC for a remodel of the existing single family house and outbuilding. The proposed
project is over the allowable height limit relative to some large lightwells proposed at the center of the
site. Because of their size, height will be calculated from the bottom of the Lightwell rather than from
natural grade.
The applicant wishes to pursue a height variance. A height variance is under the purview of City
Council, according to Municipal Code Section 26.200; Decision-Making Bodies. The application shall
address the criteria listed in Municipal Code Section 26.314 Variances.
A link to the Municipal Code is here:
http://www.aspenpitkin.com/Departments/Clerk/Municipal-Code/
A link to the Land Use Application is here:
hftp://Www.aspenpitkin.com/Portals/O/docs/City/Comdev/Ap s%20and%20Fees/2013%20Iand%2
0use%20app%20form.pdf
Review by: Staff for complete application and recommendation, Council for decision
Public Hearing: Yes
Planning Fees: $1,950 for up to 6 billable hours. Lesser/additional hours will be refunded or
billed at a rate of$325 per hour.
Referral Fees: None
Total Deposit: $1,950 OCT 3 ® 2013
Total Number of Application Copies: 12
CITY OF ASPEN
To apply, submit the following information: ^�1MUNITYlELOPMEPIT
D 1. Total Deposit for review of application.
a 2. 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.
• 4. Disclosure of ownership, 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.
+� 5. Completed Land Use Application.
■ 6. Signed fee agreement.
7. Pre-application Conference Summary.
s 8. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
9. Existing and proposed elevation drawings and site plan that include proposed dimensional
requirements
10.A written description of the proposal and an explanation in written, graphic, or model form of
how the proposed development complies with the review standards relevant to the
development application. Please include existing conditions as well as proposed.
■ 12.Applicants are advised that building plans will be required to meet the International Building
Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112.
Please make sure that your application submittal addresses these building-related and
accessibility regulations. You may contact the Building Department at 920-5090 for additional
information.
+n 13.Applications shall be provided in paper format (number of copies noted above) as well as the
text and line drawings on a CD.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
a�T 3 0 2.013
CIfY UF ASPEN
COMMUNITY DEVELOPMENT DEPARTNIENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen "Ci and
Property JASON GROSFELD,REPRESENTED Phone No.: 970.309.0695
Owner("I"): BY GUERIN GLASS ARCHITECTS
& DEREK SKALKO,OWNERS REP Email: DEREK @1 FRIDAY.COM
Address of Billing
Property: 201 EAST HYMAN AVENUE Address: PO Box 7928
(subject of ASPEN,CO 81611 ASPEN,CO 81612
(send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable. Ph01 c r1Y
0 Select Dept 0 Select Dept �.iL-
$, flat fee for $ flat fee for .
0 Select Dept 0 Select Review
$_ flat fee for_ $_ _flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services. gam!
I have read, understood, and agree to the Land Use Review Fee Policy inclR�s��i7rf for non-payment.
I agree to pay the following initial deposit amounts for the specified hours o ii�le- understand that payment
of a deposit does not render an application complete or compliant with approval criter aictual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the go tl i urse the City for the
processing of my application at the hourly rates hereinafter stated. N
Y prr p�Sp�
$ '950 _deposit for 6 hours of Community Development Dep% 01-pi
A a��fi"i�t���RAddtional time
above the deposit amount will be billed at$325 per hour.
$___deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner: i
Chris Bendon JASON GROSFELD,OWNER
Community Development Director Name: SIGNED BY DEREK SKALKO,OWNER REPRESENTATIVE
Title: OWNER REPRESENTATIVE,201 EAST HYMAN
City use: 1950
Fees Due:$ ____Received: $______
ATTACHMENT 2-LAND USE APPLICATION
PROJECT:
Name: 201 EH INVESTMENTS LLC RESIDENCE
Location: 201 EAST HYMAN AVENUE . ASPEN . CO . 81611
(Indicate street address, lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED) 2735-1247-3001 / LOTS A, B&WEST 2/3RDS OF LOT C , BLOCK 76 , ASPEN TOWNSITE
APPLICANT:
Name: 201 EH INVESTMENTS LLC: C/O JASON GROSFELD
Address: PO BOX 7928 . ASPEN . CO . 81612
Phone#: 970.309.0695
REPRESENTATIVE:
Name: SCOTT GLASS & DEREK SKALKO ; LOCAL REPRESENTATION
Address: PO BOX 7928 . ASPEN . CO . 81612
Phone#: 970.309.0695
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other: HEIGHT VARIANCE
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc;
8,000 SQ FT MU LOT WITH A HISTORIC SINGLE FAMILY 1880'S VICTORIAN RESIDENGE3 �1890'S HISTORIC SHED
CONSTRUCTION ON SITE/1997 NON HISTORIC ADDITION TO MAIN RESIDENCE 0c,
3 U 2
PROPOSAL: (description of proposed buildings,uses,modifications,etc. �,\T� n��4P��
HPC MAJOR RE-DEVELOPMENT PROPOSED/NON-HISTORIC ADDITIONS PROPOSED TO BI��,O VED FROM EXISTING CONDITIONS
NEW CONSTRUCTION PROPOSED PER PLANNING CONCEPT SUBMISSION/LOT REMAINS AS A SINGLE FAMILY RESIDENCE USE
Have you attached the following? FEES DUE: $_1950.00
N Pre-Application Conference Summary
Attachment#1,Signed Fee Agreement
Response to Attachment#3, Dimensional Requirements Form
Q Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
k6ev�m# 0063 - 2-0 -p s LLA
i
i•
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: 201 EAST HYMAN RESIDENCE
Applicant: 201 EH INVESTMENTS LLC:C/O JASON GROSFELD
Location: 201 EAST HYMAN AVENUE . ASPEN .CO . 81611
Zone District: MU ZONE DISTRICT
Lot Size: 8,000 SQ FT
Lot Area: 8,000 SQ FT
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, casements,and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: NA Proposed: NA
Number of residential units: Existing: 1 Proposed: 1
Number of bedrooms: Existing: 4 Proposed: 5
3,246 SQ FT EXISTING/761 SQ FT PROPOSED
Proposed% of demolition (Historic properties only,): DEMOLITION=23.4%DEMOLITION
40%THRESHOLD N/A DUE TO MU ZONING
DIMENSIONS:
3,246 SQ FT 3,520 SQ FT 4,020 PER HPC
Floor Area: Existing: 2,487 FAR Allowable: +500 BONUS proposed: 4,020 PROPOSED
Principal bldg. height: Existing: 21'-1/4" Allowable: 25' Proposed: 30'-61/2"(23'-6°MP)
Access. bldg. height: Existing: 13'-6" Allowable: 25' Proposed: 13'-6" (NO CHANGE)
On-Site parking: Existing: 1 Required: 2 Proposed: 2
% Site coverage: Existing' NA Required: NA Proposed: NA
% Open Space: Existing: NA Required: NA Proposed: NA
HALLAM Front Setback: Existing: 5'-7" Required: 10' Proposed: 5'-7" (HISTORICAL)
Rear Setback: Existing: 2'OVER Required: 5 Proposed:5'GARAGE/0'SHED
NORTH Combined FSR: Existing: 5'-7 Required: 10' Proposed: 5'-7"HIS PORCH
EAST Side Setback: Existing: 2'-6" Required: 5' Proposed.O'SHED/01'" °HOUSE
WEST Side Setback: Existing: 4-10°
Required: 5' Pr s Aro 1J
`�5
Combined Sides: Existing: NA Required: NA Propose
Distance Between Existing 12'-7" Required: 10' CP4rio�p�o�Me1M ' 1' ®F'MN
N "
Buildings C - �L
Existing non-conformities or encroachments: HISTORIC PORCH 5'-7"FROM FRONT(HALLAM)PROPERTY
LINE/EAST BAY WINDOW(ASPEN ST)2'-6"INTO SIDE YARD SETBACK/SHED 2'OVER ALLEY PROPERTY LINE
Variations requested: ONLY VARIANCE REQUESTED PER CITY COUNCIL IS THE HEIGHT VARIANCE FOR THE
PROPOSED SECONDARY MASS TO THE STAIRWELL AREA (20'-2"FROM GRADE/30'-10"FROM BASE OF LIGHTWELL)
I
ATTACHMENTS Historic Preservation Land UseApplication
PROJECT: - - -
Name: 201 EH INVESTMENTS LLC RESIDENCE
Location: 201 EAST HYMAN AVENUE .ASPEN.CO.81611
LOTS A,B AND THE WEST 2/3'RDS OF LOT C,BLOCK 76,CITY AND TOWNSITE OF ASPEN
(Indicate street address, lot&block number or metes and bounds description of property)
Parcel 1D# (REQUIRED) 2735-1247-3001
APPLICANT:
Name: 201 EH INVESTMENTS LLC :C/O JASON GROSFELD
Address: PO BOX 7928,ASPEN,CO 81612
Phone#: 970.309.0695 Fax#: E-mail: DEREK@1 FRIDAY.COM
REPRESENTATIVE:
Name: DEREK SKALKO,OWNER'S REPRESENTATIVE
Address: PO BOX 7928,ASPEN,CO 81612
Phone#: 970.309.0695 Fax#: E-mail: DEREK@1 FRIDAY.COM
TYPE OF APPLICATION: (please check al I that apply):
Q Historic Designation i Relocation (temporary, on
❑ Certificate of No Negative Effect ❑ or off-site)
❑ Certificate of Appropriateness F] Demolition (total
❑ -Minor Historic Development
demolition)
M -Major Historic Development ❑ Historic Landmark Lot Split
-Conceptual Historic Development
❑ -Final Historic Development
-Substantial Amendment 0D
nn 3 0 2013
ExISTINNG CONDITIONS: (description of existing buildings, uses,previous approvals, �t
8,000 SQ FT R MU LOT WITH A HISTORIC SINGLE FAMILY VICTORIAN RESIDENCE& 1890'S GARffONS�ri1LllrliV�
SITE
PROPOSAL: (description of proposed buildings,uses,modifications, etc.)
HPC MAJOR RE-DEVELOPMENT OF THE PROPERTY/NON-HISTORIC ADDITIONS PROPOSED TO BE REMOVED FROM THE
EXISTING CONDITIONS WITH NEW CONSTRUCTION PROPOSED AS INDICATED PER PLANNING CONCEPT. SHED PROPOSED
TO BE RE-LOCATED FROM EISTING CONDITION PER PLANNING CONCEPT. LOT PROPOSED TO REMAIN AS A SINGLE
FAMILY RESIDENCE USE.
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29,2007
r
General Information 0
Please check the appropriate bores below and submit this page along with your application. This
iglbrmation will help its review your plans and, if necessary, coordinate with other agencies that
may be involved.
YES NO
■ ❑ Does the work you are planning include exterior work; including additions,
demolitions, new construction, remodeling, rehabilitation or restoration?
■ ❑ Does the work you are planning include interior work; including remodeling,
rehabilitation, or restoration?
i ■ Do you plan other future changes or improvements that could be reviewed at this
time?
❑ ■ In addition to City of Aspen approval for a Certificate of Appropriateness or No
Negative Effect and a building permit, are you seeking to meet the 5ecretary of
the Interiors Standards for Rehabilitation or restoration of a National Register of
Historic Places property in order to qualify for state or federal tax credits?
❑ ■ If yes, are you seeking federal rehabilitation investment tax credits in
conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner-occupied residential
properties are not.)
❑ ■ If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
❑ Rehabilitation Loan Fund ❑Conservation Easement Program ■Dimensional Variances ❑
Increased Density ❑ Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑
Conditional Uses ❑ Exemption from Growth Management Quota System ❑Tax
Credits
u
ASPEN SlpN
Aspen Historic Preservation
Land Use Annlication Reauirements. Undated: Mav 29.2007
r
• ' ATTACHMENT 3- Dimensional Requirements Form
(Item#10 on the submittal requirements key. Not necessary for all projects.)
Project: 201 EAST HYMAN RESIDENCE
Applicant: 201 EH INVESTMENTS LLC :C/O JASON GROSFELD
Project 201 EAST HYMAN AVENUE,ASPEN ,COLORADO 81611
Location: LOTS A,B,&WEST 2/3'RDS OF LOT C, BLOCK 76,CITY&TOWNSITE OF ASPEN
Zone
District: MU ZONE DISTRICT
Lot Size: 8,000 SQ FT
Lot Area: 8,000 SQ FT
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark,easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable: Existing: NA proposed; NA
Number of residential units: Eristing: 1 Proposed: i
Number of bedrooms: Existing: 3 Proposed: 5
3,246 SQ FT ACTUAL EXISTING/ 761 SQ FT ACTUAL(GARAGE&SHED)PROPOSED
Proposed%of demolition: FOR DEMOLITION,THEREFORE=23.4%DEMOLITION
DIMENSIONS: (write n/a where no requirement exists in the zone district)
3,246 SQ FT 3,520 SQ FT 4,020 SQ FT PER FAR
Floor Area: E.risti,zg: ACTUAL/ Allolvable:ALLOWABLE Proposed: CALCULATION(500 SQ FT
2,487 SQ FT PER PER FAR CALCUALTION BEING SOUGHT)
Height FAR CALCULATION
Principal Bldg.: Existing: 21'-1/4" Allowable: 25' Proposed.-W-6-112"(23'-6"TO ROOF MP)
13'-6" 25' 13'-6"(NO MASSING
Accessory Bldg.: E.risting: Allowable: Proposed:
—�,..G5 PROPOSED)
On-Site parking: Existing: 1 Required: 2 Proposed: 2
%Site coverage: Existing: NA Required: NA proposed: NA
%Open Space: Existing: NA Required: NA proposed; NA
5'-7" 5'-T' /(4'5"OVER
Front Setback: HALLAM Errsting: la'-s wFRlflequired: 10' Proposed: FOR HISTORICAL HOUSE)
; SHED 2' 5' 5' FOR MAIN GARAGE
Rear Setback: Existi►u,,aRequired: Proposed: ^�iINE FOR SHED
��
Combined Front/Rear: PROPERTY PROPOSED)
NORTH - 5'-T' 10' 5'-T' FOR HISTORIC HOME
Indicate N, S, E, W Lxisling: Required: Proposed: PORCH LOCATE
2'-6" 5' 0'FOR SHED
Side Setback: EAST Existing: Required: Proposed: V-4" FOR HOUSE
Side Setback: WEST Existing: 4-10" Required: 5' Proposed: 5'
1YED
Combined Sides: Existing: NA Required. NA Proposed.-7409C �
m�,..
Distance between Eristing: 12'-7" Required: 10' Prop >osed: �C
buildings: P'S pp%
ExistinWl
g non-conformities or encroachments and note if encroachment licenses have brl�i sued:
HISTORIC PORCH 5'-7"FROM FRONT YARD(HALLAM)PROPERTY LINE&EAST SIDE(ASPEN ST)BAY WINDOW 2'-6"
INTO SIDE YARD SETBACK/SHED-OUTBUILDING APPDX 2'OVER PROPERTY LINE TO THE REAR(SOUTH ALLEY)
Variations requested(identify the exact variances needed): 5'-7" FRONT YARD SETBACK(HALLAM)
REQUESTED TO ACCOMODATE HISTORIC HOUSE/PORCH LOCATE/ O'(PROPERTY LINE)VARIANCE REQUESTED
ALONG SOUTH ALLEY SIDE TO ACCOMODATE SHED STRUCTURE/ 0'(PROPERTY LINE)VARIANCE REQUESTED ON
EAST(ASPEN EAST SIDE YARD)SIDEYARD PROPERTY LINE
RE LOCATE/ HISTORIC BAY WINDOW & LIGHTW spen HlstorEi�I�reseiv�lon
Land Use Application Requirements, Updated: May 29,2007
•201 EAST HYMAN AMIUE VICINITY MAP
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STREET ADDRESS:
201 EAST HYMAN AVENUE
ASPEN, CO 81611
LEGAL DESCRIPTION:
30 �p13
PARCEL ID: 2735 - 1247 - 3001 pC�
LOTS A, B, & WEST 2/3RD's OF LOT C jy 0 PSv ps N�
BLOCK 76, CITY & TOWNSITE OF ASPEN r�M�N11{pI
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20.1 EH INVESTMENTS , LLC
201 East Hyman AVenlle. aspen . CO 8 161 1
August 20th, 2013
To Whom It May Concern
This letter isto verify that, I, Jason Grosfeld, am the Manager of 201 EH Investments, LLC,
and Owner of 201 East Hyman Avenue, Aspen, Colorado 81611. Please be informed that
Derek Skalko, Local Representative, of 1 Friday Design and Scott Glass, Architect, of Guerin
Glass Architects have been granted complete authorization to make any and all necessary
submissions, correspondences, and representations to the City of Aspen pertaining to the
re-development of 201 East Hyman Avenue, Aspen, Colorado, 81611 on behalf of myself and
or 201 EH Investments, LLC.
Regards,
Jas Grosfeld, Manager& Owner
l
OC,� 3 o ti013
Cc: Derek Skalko
G
GQ��1!
Date: October 11, 2012
201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY
10880 WILSHIRE BLVD, STE 2222
LOS ANGELES, CA 90024
Subject: Attached Title Policy Q62004797
for 201 E HYMAN AVE ASPEN CO 81611
Enclosed please find the Owner's Title Insurance Policy for your purchase of the
property listed above.
This title policy is the final step in your real estate transaction, and we want to take
a moment to remind you of its importance. Please review all information in this
document carefully and be sure to safeguard this policy along with your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns
regarding your policy, or you may contact the Final Policy Department directly at
970-925-1678.
As a Colorado-owned and operated title company for over 45 years, with offices
throughout the state, we take pride in serving our customers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist you with any
future real estate needs. Not only will Land Title be able to provide you with the title
services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Title Guarantee Company
eel
Of
a
f
. * *
* OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER
THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.
' COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation,(the"Company"),
insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,
not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title,This covered Risk includes but is not limited to insurance against loss from
(a)A defect in the Title caused by
0)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
Iii}failure of any person or Entity to have authorized a transfer or conveyance,
(iii)a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
liv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi)a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or
NO a defective judicial or administrative proceeding.
M The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c)Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the
Land.The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing
improvements located on adjoining land.
3.Unmarketable Title.
4.No right of access to and from the land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to
(a)the occupancy,use or enjoyment of the land;
(b)the character,dimensions,or location of any improvement erected on the land;
(c)the subdivision of land;or
(d)environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or
enforcement referred to in that notice.
6_An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the
Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in
the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy,state insolvency,or similar creditors'rights laws,or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or
similar creditors'rights laws by reason of the failure of its recording in the Public Records
(1)10 be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the
Public Records subsequent to Date of Policy and prior to the recording of the dead or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense'ot any matter insured against by this Policy,but only to the extent provided in the
Conditions.
Ov Old Republic National Title Insurance Company
A Stock Company
400 Second Avenue South,Minneapolis,Minnesota 55401
Issued through the Office of:
jgpd��
0���� (812)371.1111
LAND TITLE GUARANTEE COMPANY
533 E HOPKINS#102 QC
ASPEN,C081611
970-925-1678
Mark Bilbray
President
A horized Sign tare ; � j V * O AMERICAN
p LANA TITLE
dsf. AssocrATrov
Rande Yeager
Secretary
ti
Copyright 2006-2012 American land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association.
AO.ORT.06(ALTA 06.17.06)Cover Page 1 of 5
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,alto mays'fees,or expenses that
arise by reason of;
1.(a)Any law,ordinance,permit,or governmental regulation Uncluding those relating to building and zoning)restricting,regulating,prohibiting or relating to
U)the occupancy,use,or enjoyment of the land;
Oil the character,dimensions,or location of any improvement erected on the Land;
(iii)the subdivision of land;or
liv)environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under
Covered Risk 5.
(b)Any governmental police power.This Exclusion IN does not modify or Gmif the coverage provided under Covered Risk 6.
2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Detects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured Claimant;
N not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or
(a)resulting in loss or damage that would not have been sustained it the Insured Claimant had paid value for the Title.
4.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(a)a fraudulent conveyance or fraudulent transfer,or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1.DEFINITION OF TERMS
The following terms when used in Ibis policy mean:
(a)"Amount of Insurance":The amount stated in Schedule A,as may be increased or decreased by endorsement to this policy,increased by Section 81b)or
decreased by Sections 10 and 11 of these Conditions.
(b)"Date of Poricy":The date designated as"Date of Policy"in Schedule A.
(c)"Entity":A corporation,partnership,trust,limited liability company,or other similar legal entity.
(d)"Insured":The Insured named in Schedule A.
(i)The term"Insured"also includes
(A)successors to the Title of the Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors,personal
representatives,or next of kin;
(6)successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization;
(C)successors to an Insured by its conversion to another kind of Entity;
(D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1)if the stack,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured.
(2)if the grantee wholly owns the named Insured,
(3)if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are
both wholly-owned by the same person or Entity,or
(4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A
ter estate planning purposes.
Iii)With regard to(Al,(D),(C),and(0)reserving,however,all rights and defensed as to any successor that the Company would have had against any
predecessor Insured.
(e)"Insured Claimant":An Insured claiming loss or damage.
(f)"Knowledge"or"Known":Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
other records that impart contructive notice of matters affecting the Title.
fg)"Land":The land described in Schedule A,and affixed improvements that by law constitute real property.The term"Land"does not include any property beyond
the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,avenue,alleys,lanes,ways,or
waterways,but this does not modify or limit the extent that a right of access to and from the land is insured by this policy.
(hl"Mortgage":Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law.
li)"Public Records":Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without Knowledge.With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
Q)"Title":The estate of interest described in Schedule A.
"Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or leader an the Title to be
released from the obligation to purchase,lease,or lend if there is a contractual condition requiring the delivery of marketable title.
2.CONTINUATION OF INSURANCE
�I
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains on�tate:or`mte estJmPthe'Dand,or
holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured' aU trove""liiab�tyby reason of
M"Wwarranties in any transfer or conveyance of the Title.This policy shag not continue in force in favor of any purchaser from the lasored,of�either ill an esta e f'Iterest in
the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3 ® U t
® � 1rjp�%V%
AO.ORT.06.2 Cover Page 2 of 5r��
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing(i)in case of any litigation as set forth in Section 5(a)of these Conditions,(ii)in case Knowledge shall come to
an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable
by virtue of this policy,or[iii)if the Title,as insured,is rejected as Unmarketable Title.If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4.PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured
Claimant furnish a signed proof of loss.The proof of loss must describe the defect,lien,encumbrance,or other matter insured against by this policy that consitutes the
basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage.
5.DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without
unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by ihls policy adverse to the
Insured.This obligation is limited to only those stated causes of action alleging matters insured against by this policy.The Company shall have the right to
select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action.
It shall not be liable for and will not pay the fees of any other counsel.The Company will not pay any fees,costs,or expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured against by this policy.
(b)The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desireabfe to establish the Title,as insured,or to prevent or reduce loss or
damage to the Insured.The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy.If the Company exercises its rights under this subsection,
it must to so diligently.
(c)Whenever the Company brings an action or asserts a defense as required or penrntted by this policy,the Company may pursue the litigation to a final
determination by a court of competent jurisdiction,and it expressly reserves the right,in its sole discretion,to appeal any adverse judgment or order.
6.DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the
Insured for this purpose.Whenever requested by the Company,the Insured,at the Company's expense,shall give the Company all reasonable aid(i)in
securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and ii()in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured.If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation,the Company's obligation to the Insured under the policy shall terminate,including any liability or obligation to
defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation.
(b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to
produce for examination,inspection,and copying,at such reasonable times and places as may be designated by the authorized representative of the Company,
all records,in whatever medium maintained,including books,ledgers,checks,memoranda,correspondence,reports,e-mails,disks,tapes,and videos whether
bearing a date before or after Date of Policy,that reasonably pertain to the lass or damage.Further,if requested by any authorized representative of the
Company,the Insured Claimant shall grant its permission,in writing,for any authorized representative of the Company to examine,inspect,and copy all of
these records in the custody or control of a third party that reasonably pertain to the loss or damage.All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in
the administration of the claim.Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information,or grant
permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as to that claim.
7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY
In case of a claim under this policy,the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option.all liability and obligations of the Company to the Insured under this poky,other than to make the payment
required in the subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation.
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i)To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy.In addition,the
Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay;or
(ii)To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys'fees,and
expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(u),the Company's obligations to the Insured under this
policy for the claimed loss or damage,other than the payments required to be made,shall terminale,including any liability or obligation to defend,prosecute,or
continue any litigation.
8.DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity,against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
0)the Amount of Insurance;or Q� n
(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
AO.ORT.06.3 Cover Page 3 of 5
GO
QPM
A0111
(b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
(i)the Amount of Insurance shall be increased by 10%,and
(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the insured Claimant
or as of the date it is settled and paid.
(c)In addition to the extent of liability under(a)and(bl,the Company will also pay those costs,attorneys'tees,and expenses incurred in accordance with Sections
5 and 1 of these Conditions.
9.LIMITATION OF LIABILITY
(a)If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Land,or cures
the claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
IN In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shelf have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction,and disposition of all appeals,adverse to the Title,as insured.
(c)The Company shall not be Roble for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior
written consent of the Company.
10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment.
11.LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which
the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the
amount$a paid shall be deemed a payment to the Insured under this policy.
12.PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days.
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in the Title
and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any
loss,costs,attorneys'fees,and expanses paid by the Company.If requested by the Company,the Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies.The Insured Claimant shall permit the Company to sue,compromise,or settle in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after
the Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties,other poficys of insurance,or bonds,notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14.ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association("Rules").Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons,
Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the Insured arising out of or relating to this policy,any
service in connection with its issuance or the breach of a policy provision,or to any other controversy or claim arising out of the transaction giving rise to this policy.All
arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured.All arbitrable matters
when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by bath the Company and the Insured.Arbitration pursuant to this
policy and under the Rules shall be binding upon the parties.Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction.
15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
(a)This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company.In
interpreting any provision of this policy,this policy shall be construed as a whole.
(b)Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by
Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions.Except as the endorsement
expressly states,it does not G)modify any of the terms and provisions of the policy,[if)modify any prior endorsement,("sl)extend the Date of Policy,
or 0A increase the Amount of Insurance.
16.SEVERABILITY
In the event any provision of this policy,in whole or in part,is held invalid or unonforceabe under applicable law,the policy shall be deemed not to include that
provision or such part held to be invalid,but all other provisions shall remain in full force and effect.
C �VEID
OCT 3 0 M3
AO.ORT.06.4 Cover Page 4 of 5 . ', �C^A OEN
Ci,e r �rUE� tvt
+ 17.CHOICE OF LAW;FORUM
;a)Choice of Law;The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the
jurisdicton where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are
adverse to the Insured and to interpret and enforce the terms of this policy.In neither case shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b)Choice of Forum;Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the
United States of America or its territories having appropriate jurisdiction.
18.NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at:
400 Second Avenue South,Minneapolis,Minnesota 55401,(612)371.1111.
ANTI-FRAUD STATEMENT:Pursuant to CRS 10-1-128(6)(a),it is unlawful to knowingly provide false,incomplete,or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include
imprisonment,fines,denial of insurance and civil damages.Any insurance company or agent of an insurance company who knowingly
provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the
Colorado division of insurance within the department of regulatory agencies.
This anti-fraud statement is affixed and made a part of this policy.
lo_v
AO.ORT.06.5 Caver Page 5 of 5
LTG Policy No. LTF162004797
Form AO/ORT
Our Order No. Q62004797 Schedule A Amount $4,800,000.00
Property Address: 201 E HYMAN AVE ASPEN CO 81611
1. Policy Date: October 01, 2012 at 3:12 P.M.
2. Name of Insured:
201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
201 EH INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY
5. The land referred to in this policy is described as follows:
LOTS A AND B, AND THE WEST 20 FEET OF LOT C, BLOCK 79, CITY AND TOWNSITE OF
ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO.
�� 13
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This Policy valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No. LTF162004797
]Form AO/ORT
Our Order No. Q62004797
Schedule B
This policy does not insure against loss or damage by reason of the following:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land of that may asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the Public Records.
5 (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under(a), (b), or(c)are shown by the
Public Records.
6. 2012 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN
RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 243, PROVIDING AS FOLLOWS:
THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER,
CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER
EXISTING LAWS.
8. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED AUGUST 18, 1987 IN BOOK
543 AT PAGE 994.
9. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON
OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY DATED SEPTEMBER 04,
2012 PREPARED BY PEAK SURVEYING, JOB# 12052:
NOTE: FENCELINES DO NOT CORRESPOND WITH PROPERTY BOUNDARY
NOTE: GARAGE/CARRIAGE HOUSE EXTENDS OUTSIDE OF PROPERTY BOUNDARY�\o
Oti
ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETER-g' +1\�
ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF
I
LTG Policy No. LTF162004797
• Form AO/ORT
Our Order No. Q62004797
Schedule B
HARTMAN FAMILY PARTNERSHIP LTD., AN INDIANA LIMITED PARTNERSHIP.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR
ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF 201 EH
INVESTMENTS LLC, A DELAWARE LIMITED LIABILITY COMPANY.
SID
v