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Home My WebLink Aboutagenda.boa.201911141 AGENDA ASPEN BOARD OF ADJUSTMENT November 14, 2019 4:30 PM, City Council Chambers 130 S Galena Street, Aspen I.SITE VISIT A Site Visit will be held at 12:00 p.m. at 333 Park Avenue on Thursday, November 14th, 2019. II.ROLL CALL III.COMMENTS IV.MINUTES IV.A.Minutes - September 5, 2019 boa.minutes.20190905.docx V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.333 Park Avenue Variance 333 Park Avenue_Memo.pdf Exhibit A- 333_Park_Ave_Variance Review Criteria.pdf Exhibit B-BOA Resolution_333_Park Avenue_Draft.pdf Exhibit C-Variance Application.pdf VII.OTHER BUSINESS VIII.BOARD REPORTS IX.ADJOURN Typical Proceeding Format for All Public Hearings 1)Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 1 2 7) Public comments 8)Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met. CODE OF CONDUCT FOR CITIZEN COMMENTS DURING CITY OF ASPEN PLANNING AND ZONING COMMISSION MEETINGS: Planning and Zoning Commission meetings shall be conducted in a fair and impartial manner. Citizen comments shall respect the need for civility for effective public discussion of issues. Citizen comments regarding any matter not on the agenda will be allowed during the designated time on the agenda and may be disallowed at other times during the meeting. Those wishing to address the Commission on any matter not on the agenda will be allowed a three-minute presentation per speaker. This “three minute rule” shall also be applicable to citizens wishing to address the Commission during the public comment portion of public hearings for agenda items. The Chair or presiding officer retains the discretion to allow or disallow public comment on any agenda item that is not designated as a public hearing. All citizen comments should be directed to the Commission, and not to individual members of the public. Defamatory or abusive remarks, shouting, threats of violence or profanity are OUT OF ORDER and will not be tolerated. Persons violating these policies may be asked to terminate their comments. In the event of repeated violations or refusal to abide by these policies or directives, the Chair or presiding officer has authority to request the individual to leave the meeting or direct a peace officer to remove the individual from the Commission meeting. Revised July 8th, 2019 2 Regular Meeting Board of Adjustment September 5, 2019 1 Staff Comments ..........................................................................................................................................2 Commission Comments ............................................................................................................................2 Minutes ........................................................................................................................................................2 Public Comment not on the Agenda .......................................................................................................2 Declaration of Conflicts of Interest...........................................................................................................2 1040 Matchless Drive and 1050 Matchless Drive – Variance Request.........................................................2 3 Regular Meeting Board of Adjustment September 5, 2019 2 At 4:30 p.m.; Andrew Sandler called the regular meeting to order with Board Members Megan Bentzin, Jim Farrey and Ashley Feddersen present. Also present from staff Mike Kraemer, Jim True and Linda Manning. Staff Comments None. Commission Comments None. Minutes Mr. Farrey moved to approve the minutes from June 19. 2019; seconded by Ms. Feddersen. All in favor, motion carried. Public Comment not on the Agenda None. Declaration of Conflicts of Interest None. 1040 MATCHLESS DRIVE AND 1050 MATCHLESS DRIVE –Variance Request Mike Kraemer, community development, stated the applicant is requesting a variance for minimum setback requirements for 1040 and 1050 Matchless Drive. Racquet Club Condo Association is the applicant. The request is to vary front, rear and side yard setbacks. The property is located in the R6 zone district. The minimum setback for a front yard for an accessory structure is 15 feet. The minimum for side yard is 15 feet with a minimum of 50 feet for both sides. For rear yard, it is a minimum 5 foot setback. Both lots were developed with duplexes in the 70’s. There is an existing surface parking area. In 2000 the BOA granted a variance for a similar request. It was not acted on and expired. Staff recommended denial but the board found a hardship existed and granted a variance. Tonight is a variance for two 2 car garages, trash area and retaining walls. On 1040, they are requesting a front yard setback of 5 feet for the garage and 0 feet for the retaining wall. The side yard is requested at 6 inch for the garage and retaining wall. 1050 is requesting a 0 foot setback for the retaining wall and a 6 inch setback for the side yard. He showed images of the surface area parking. Guests and residents park here since they were constructed. The trash area is also here. He showed images of renderings of what the garages would look like. He also showed a site plan of the property. Section 26.314.040 applies to variances. 1 – the grant of a variance will be generally consistent with the goals, objectives, purposes and policies of the land use code. 2 – the grant of variance is the minimal variance that will make possible the reasonable use of parcel, building or structure. 3 - Literal interpretation and enforcement of the code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship. 4 Regular Meeting Board of Adjustment September 5, 2019 3 In determining whether an applicant’s rights would be deprived the board shall consider the following conditions. 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, B – Granting the variance will not confer upon the applicant any special privilege denied to other parcels, buildings or structures in the same zone district. Staff recommends not supporting the request. First, there is a difference between unnecessary hardship or mere inconvenience. Development rights for duplexes are currently being exercised. Garages are accessory structures and do not carry the status of a fundamental development right. Requiring accessory structure setback compliance does not deprive the applicant of their rights. Second, special circumstances cannot result from the actions of the applicant or previous property owner. The existing development pushes the garage development to the north and within the setbacks. While it is a valid argument it cannot be considered by the Board. Alternatively, the Board can find a hardship on the property. Staff has drafted a resolution of approval with conditions. Staff is concerned that the 0 inch and 6 inch setback are very close to the property and we are concerned with trespass and construction and maintenance. There are also drainage issues with snow shed design. If you consider a variance it should be at least 1 foot from the neighboring property lines. Applicant Bryan May, representing the HOA. We have been sitting on an expired approval since 2000. We are trying to keep this simple. We are trying to stick within the confines of the original approval. It is the minimal size required for a garage. They are simple, minimal sized, unheated garages. The retaining wall is pretty substantial to this project. We think the wall belongs to the racquet club to the north. It is also starting to show signs of failure. No matter whose property it is on it is within the setback. The wall needs to be safely shored up. We are not tied to the shedding of the roof in one direction or the other. We are open to all possibilities. The neighboring property has concerns we are happy to talk to them and are flexible. Mr. Sandler asked how old are the standards. Mr. Kraemer replied in 2000 when the BOA found a hardship the code language was almost identical to today’s language. Mr. Sandler asked what was the hardship that was presented back then. Mr. Kraemer said at that time staff had the same concerns about structures in the setback. The BOA minutes show a discussion with these criteria showing special circumstances exist. MR. Sandler asked the applicant what are the hardships. Mr. May replied the existence of the structures and snow removal. There is no room for snow removal on the property now. It is already tight to get into the spaces that are there. Mr. Farrey asked are you going in to the setback due to a turning radius. Mr. May said mostly due to the turning radius. MS. Feddersen asked are you losing any parking spaces. Mr. 5 Regular Meeting Board of Adjustment September 5, 2019 4 May replied no and it will fit the recycling. Each unit gets 2 inside spaces and 4 outside guest spaces. Ms. Bentzin said the request is for a 6 foot side yard setback. The current retaining wall, it would be six feet. Mr. May said it is 6 inches from the property line. It is mostly on the property to the north. It would come entirely onto this lot. The retaining wall is behind the proposed garages. The garages would but up to where the existing wall is now. Mr. Kraemer said we think a 1 foot setback should be a minimum. Ms. Feddersen asked how would that effect the design. Mr. May replied it would make the inside tighter. Mr. Kraemer said the 1 foot is really off the side yard. Mr. Farrey asked is the existing wall modified. Mr. May said ideally it will be taken out. Mr. Farrey asked what happens to the grade change. Mr. May said we would replace it on our property line. Ms. Bentzin said I think we agree on the side yard. I want to be clear we are in agreement on the front yard. It is also a reduction of 10 feet for the front. Mr. Kraemer said the resolution identifies both properties and the setbacks for each side. Mr. Sandler opened up the public commen.t 1. Claude Salter, representing the property known as the Smuggler Racquet Club. We are supportive of them having garages. We do not support the configuration. We have issue with the way they have portrayed the setbacks. The survey delineates a lot line down the middle but it is one parcel. She suggested it is 4 lot lines instead of 8. We have issue with the way the setbacks are being portrayed. All of those lots have pulled permits. You should be able to look at the setbacks. A variance would be potentially from the rear. Regardless of who owns the tie wall, the club supports a new retaining wall but cannot support 6 inches. We recommend 2 feet mostly for maintenance and stormwater shedding. The design is also creating the hardship they are asking for. Garages do not need to be 15 feet tall. Having a retaining wall part of the garage will eventually need maintenance and they will have to access the club property. I understand why the HOA wants this design, but the club does not support it. Mr. Farrey asked is there a way to drain to the east or west. Ms. Salter replied they could change the pitch of the roof so it drains certain ways. A steeper pitch roof makes the garage higher. Mr. Farrey asked what do you support. Ms. Salter said we support them having garages but would like a design that is best for our property and not such a big variation request. We think 2 feet is more in line. Mr. Farrey said 6 feet would be the height of a fence, yet that is a retaining wall. They are proposing another 9 on top of that. Ms. Salter said visually it affects us. We want it off our shared property line and potentially a little lower. We would support a continuation for a design copasetic to the club. Mr. Farrey said are you saying a 2 foot setback and a 12 foot high garage. Ms. Salter said I think there is a place we could get to where we could support it. You may find that there are truly only 4 setbacks and it would simplify things. I am requesting a study of the setbacks, a larger setback variation and potentially a design that is a little shorter in height. Ms. Feddersen asked could you do a 2 foot setback. Mr. May replied 2 is hard. If we could compromise on 1 and get a better roof design. Mr. Farrey asked about a height of 6 Regular Meeting Board of Adjustment September 5, 2019 5 12. Mr. May said right now the back of the garage is at 8 feet. It is probably 3 feet off the retaining wall. Ms. Salter said they are visually impacting and a good compromise could be 12 feet. Mr. May said we would be happy to compromise and go down to 12 feet. 2. Alan Becker, closest neighbor at 950 Matchless. There are mountains of snow that get built up from the whole area. It gets dumped over the retaining wall onto the club property and onto my property. In a big snow year there is nowhere to put the snow as it exists, with 2 garages there won’t be space available to dump it. the design looks bulky at 15 feet tall. It is pretty tall. Think this should be studied further. He suggested only 1 space per unit in the garage with the remaining outside. Mr. Sandler closed the public comment. Ms. Feddersen asked have you considered 4 instead of 8. Mr. May replied we did. We ended up with 2 spots per unit because we were able to create a new snow storage area. We did not see the need to reduce the size. Ms. Feddersen asked would you still be able to put snow over the wall. Mr. May said the wall would be the same height but we are trying to eliminate dumping snow onto the neighbor’s property. Mr. Kraemer said the comments made regarding the properties being on 1 lot was something we researched. We pulled plats from the 60’s and they show lots 2 and 3. We researched if there were amendments to that plat and did not see any filed. There was a condominium plat that was filed and it shows a dashed line between the two lots. Condo plats divvy up ownership not property. I hear the comments made and we can investigate further but feel pretty confident. Kathy Benzenger, HOA, said we are trying to clean up the mess in the parking lot. The retaining wall needs to be repaired. It is an immediate need. Upon fixing it we were thinking we would put up a structure for parking. We want to work with our neighbors. We will lower the roof and change the slope. We are also making the snow storage area larger. We though this project would fix the wall and the snow removal project. Mr. Sandler said staff said you were ok with a 1 foot set back. Mr. Kraemer said to be clear, that is a minimum. We do not object to a larger setback. Mr. Farrey asked are you pitching the roof now because of the sun. Mr. May said we are starting with the original 2000 approval. Mr. Farrey asked would you change the slope. Mr. May stated there are solutions and we are not tied to what is shown here. Mr. Farrey said I’m struggling with the difference between 1 and 2 feet. How many people can fit in 12 inches. Mr. May said 1 foot would make it a bit better. There would be maintenance back there. There are easements we can work through. The turning radius would be difficult with 2 feet. Ms. Bentzin said regarding the alignment of the property and where front, rear and side are defined, I’m curious about other lots in the area with an unusual configuration. Is this unique. Mr. Kraemer said I don’t think it is that unique. The block due west we looked at. Some of those single family houses have garages. 7 Regular Meeting Board of Adjustment September 5, 2019 6 Jim True, city attorney, said in order to grant a variance you must make certain findings that indicate it is complying with the requirements of a variance. I’m happy to outline that and what you need to find for that resolution 4. The motion would be the BOA finds the following. The grant of a variance will be generally consistent with the purposes, goals, objectives and policies of Chapter 26 and other provisions of the Aspen Municipal Code. The grant of a variance is the minimum variance that would make possible reasonable use of the parcel, building or structure. Literal interpretation and enforcement of the terms of Chapter 26 would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship or practical difficulty. Determining that the applicant’s rights would be deprived the board considered certain special conditions and circumstances which are unique to the parcel, building or structure which are not applicable to other parcels, buildings or structures in the same zone district and which do not result from the actions of the applicant. Consequently the Board of Adjustment approves Resolution 4, Series of 2019 with an amendment that the garage shall be limited to a height of 12 feet. Mr. Sandler moved to adopt Resolution #4, Series of 2014 as stated by Mr. True. Seconded by Ms. Feddersen. Mr. True said he would note that there was a lot of discussion as to whether the side yard set back should be 1 foot or 2 feet. The resolution says 1 foot. Mr. Kraemer said the only clarifying question staff had is the roof form design. I wasn’t clear if it was going to be a gable roof or a shed roof as proposed. Exhibit A has the design of the garages and we wanted to hone in on the design and location. Mr. Farrey replied I don’t know why it is pitched that way. I would slope it east west. It is less visual impact to the racquet club. Mr. May said we could certainly look at sloping it the other direction. Mr. Kraemer replied if the applicant is ok with that design feature then I suggest they make the change. Mr. Becker said with the 1 or 2 foot setback there will be so much snowfall between the garage and retaining wall it will create frost wedging. There could be tremendous pressures. I think it is a real engineering question. Mr. Farrey said the roof pitch should be so that the snow shed’s onto the applicant’s property. Mr. True said there would be an amendment to Resolution 4, Section 1 that would say the garage shall be limited to a height of 12 feet with a pitch from east to west or to the south. The board agreed to the amendment. Roll call vote. Board Member Feddersen, yes; Bentzin, yes; Farrey, yes; Sandler, yes. Motion carried. At 5:40 Mr. Sandler moved to adjourn; seconded by Ms. Feddersen. All in favor, motion carried. Linda Manning City Clerk 8 Page 1 of 6 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 333 Park Avenue, Dimensional Variance Review Resolution No. ____ , Series of 2019 MEETING DATE: November 14, 2019 APPLICANT: BMH Investments LTD REPRESENTATIVE: Sara Adams, BendonAdams LOCATION: 333 Park Avenue. Lot 1 of the Sunny Park Subdivision. CURRENT ZONING AND USE: 333 Park Avenue is located within the R-6 zone district and is a historic site developed with two historic 19th century landmarks with various non-historic additions. Work is underway to relocate the landmark designation and historic resources to a different property, leaving a vacant lot once the work is complete. Lot Size: 10,418 square feet (0.24 acres) SUMMARY OF REQUEST: The Applicant requests front yard, side yard, and combined side yard dimensional setback variances from the minimum required in the R- 6 zone district to accommodate construction of a new single-family residence. The variance requests respond to two access easements, steep slopes, and stream margin constraints that encumber the subject property. STAFF RECOMMENDATION: Staff recommends the BOA make a finding that a hardship does not exist on the subject property and deny the variance requests. FIGURE 1: CURRENT CONDITIONS 9 Page 2 of 6 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the minimum setback requirements in the R-6 zone district (The Board of Adjustment is the final review authority). BACKGROUND AND EXISTING CONDITIONS: 333 Park Avenue is identified as Lot 1 of the Sunny Park Subdivision. Currently, 333 Park Avenue is a historic site with two historic 19th century landmarks with various non-historic additions. The historic landmarks are approved to be relocated to 931 Gibson Avenue by City Council Ordinance #22, Series of 2018. Once safe relocation occurs, the historic designation on 333 Park Avenue will be removed and the designation on 931 Gibson Avenue will be added, and ultimately leaving the lot vacant. The future vacant lot is the subject of the variance requests. 333 Park Avenue is bound to the west, north and east by residential development. It is bound to the south by the Roaring Fork River. As such, 333 Park Avenue is required to comply with stream margin constraints such as a 15 ft. rear setback from the Top of Slope, and a 45-degree progressive height limit from the top of slope on the south side of the property. The north side of the property also encompasses a private vehicular access easement and an emergency access easement turnaround. Figure 2: 2018 aerial depicting the subject Lot: 10 Page 3 of 6 R-6 ZONE DISTRICT: The R-6 zone district requires the following minimum setbacks for a 10,418 square foot lot: • Front Yard: Principal buildings 10’ and Accessory buildings 15’. • Side Yard: Minimum 15’ with a total combined side yard setback of 36’. • Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’. For the purposes of determining the required setbacks for the subject property, the following map (Figure 3) identifies the front, side, and rear property boundaries: • Front Property Line: Red • NW Side Property Line: Green • SE Side Property Line: Blue • Rear Property Line: Black Figure 3 11 Page 4 of 6 REQUEST: The Applicant requests approval for dimensional setback variances for this lot to accommodate construction of a proposed new single-family residence. Specifically, the following variances are requested: 333 Park Avenue Setback Variances: • Front Yard Setback Variance: 6” setback to the edge of the easement (10’ required from easement) • NW Side Yard Setback Variance: 10’ setback (15’ required) • SE Side Yard Setback Variance: 5‘ setback (15’ required) • Combined Yard Setback Variance: 15’ combined setback (36’ combined required) Figure 4: Proposed site plan* *The dark grey shading corresponds to those portions of the proposed new residence requiring the requested varianc e. *When all minimum R-6 Zone District setbacks are applied, in addition to the stream margin constraints, the remaining area left for development of a new single -family residence is ≈2,017 sq. ft. 12 Page 5 of 6 *The light grey shading corresponds to that portion of the proposed new residence that satisfies all R -6 Zone District setbacks and the stream margin requirements. *The dotted outlines illustrate the footprint of the existing house. REVIEWS SETBACK VARIANCE: 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 is able to grant a variance to avoid a “regulatory taking”. The property owner must demonstrate that their rights, as compared with owners of similar properties, have been deprived. In considering these criteria, the Board of Adjustment must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. STAFF COMMENTS Staff responses to the Variance review criteria can be found in Exhibit A. In review of the application, Staff is concerned that the application does not show compliance with the applicable variance review criteria, specifically criterion 3. Land Use Code Section 26.314.040.A.3 highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast to the creation of a “mere inconvenience”. In consideration of this Code language, it should be noted that the property does have a 2,017 sq. ft. buildable area within the lot which satisfies all setback requirements and the stream margin. Denial of the requested front, side, and combined side setback variances for a single-family residence will not deny the property’s fundamental development rights or cause an unnecessary hardship, though denial may result in an inconvenience to the Applicant. Additionally, Staff is concerned that Land Use Code Section 26.314.040.A.3.a is not satisfied and that a special circumstance or condition does not exist on the property to warrant the finding of a hardship. The Applicant has argued that a hardship has resulted from two access easements to the front of the property, extensive steep slopes, a Top of Slope 15’ setback at the rear of the property, and a progressive 45-degree height limit. It is common for properties to be set back from road easements and rights-of-way in the City of Aspen. It is also common that properties in this zone district face the same conditions and circumstances, such as a progressive 45 -degree height limit and Top of Slope 15’ setbacks, as are present on this lot. Lastly, should the BOA consider the finding of a hardship on the property and the granting of a variance for the proposed single-family residence, consideration should be given to the adequacy of the proposed 6” front yard setback dimension from the edge of the access easement on the north side of the subject property. Staff is concerned about the proposed 6” setback from the southern edge of the access easement. If the new proposed residence is constructed only 6” from the access easement, potential impacts to road maintenance and snow removal, as well as increased perceived bulk and mass of the new residence from the road may be created. If the BOA is inclined to grant a front setback variance, then the afore described impacts upon the access easement, and the perceived bulk and mass concerns should be factored in to a potential finding of a hardship. Again, staff believes that the 10-foot front setback required in the R-6 Zone District is appropriate and should be maintained. Any consideration for side yard setback variances should relate to the development pattern in the neighborhood, particularly the neighboring properties to the east and west. REFERRAL AGENCIES Staff referred this request to the Engineering Department for a cursory review of the proposed single-family residence. Due to the requirements that no stormwater treatment can occur in the 15’ Top of Slope setback or within 10’ of foundations, engineering states that there are serious concerns over the reduced setbacks leaving little room for stormwater treatment and detention as well as accommodating historic drainage patterns. 13 Page 6 of 6 Staff also referred the application to the City Parks Department who provided comments on the request. Parks requested no activity be permitted within the Top of Slope 15’ setback other than restoring native vegetation. Parks is concerned that the trees on neighboring lots will be impacted with this variance request. If trees are impacted on the neighboring lots, Parks will require approval from the homeowners and tree dripline excavation permits. Additionally, if constructed, the window well on the east side of the house may need to be modified due to potential impacts of trees. RECOMMENDATION: Staff finds that this application reflects a request of inconvenience rather than a hardship, and that there may be alternative design solutions to achieve compliance with setbacks. Staff recommends that the BOA make a finding that a hardship does not exist on the property and pass a motion to deny the requests. ALTERNATIVE: The BOA may want to make a finding that a hardship exists on the property and pass a motion to approve a portion of the variance requests. Should the BOA find a hardship exists on the property, a potential motion should reflect the existing surrounding development pattern relating to side yard setbacks in the neighborhood. The property to the east is setback ≈14’ from the SE property line. Additionally, the property to the west is setback ≈12’ from the NW property line. These existing side yard setbacks on neighboring properties provide a context and basis for determining potential side yard setback variances for the subject property. PROPOSED MOTION (All motions are proposed in the affirmative): 1) “I move to approve the denial of BOA Resolution No. _____, Series 2019.” (this reflects Staff’s recommendation) Or, in the alternative: 2) “I move to approve BOA Resolution No. ______, Series 2019 and find that a hardship exists on the property.” ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B - BOA Resolution No. ______, Series 2019 Exhibit C – Application 14 Exhibit A –Variance Review Criteria Chapter 26.314, Variance 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 Findings: The purpose of the City’s land use code not only protects the public’s health, safety, and welfare, but also identifies a property’s rights which includes reasonable expectations for property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practicable. Staff finds this criterion not 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 Findings: Staff finds that reasonable use of the parcel can be accomplished using the roughly 2,000 sq. ft. of buildable area compliant with R-6 setback and stream margin requirements. Staff finds this amount of area is sufficient to construct a single-family residence. Staff finds this criterion not 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 Findings: This section highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast to the creation of a “mere inconvenience”. In consideration of this Code language, it should be noted that the property is subject to circumstances that affect other properties in the same zone district. It is common for buildings to be set back from road easements in the City of Aspen. It is also common that properties in this zone district face the same conditions and circumstances, such as a progressive 45-degree height limit and Top of Slope 15’ setback, as are present on this lot. Additionally, steep slopes affect numerous parcels in the zone district and surrounding neighborhoods. Denial of the requested front, side, and combined side setback variances 15 for the construction of a single-family residence will not deny the property’s fundamental development rights or cause an unnecessary hardship. Additionally, Staff is concerned that a special circumstance or condition does not exist on the property to warrant the finding of a hardship. The Applicant has argued that a hardship has resulted from the access easements to the front yard area, the top of slope 15’ setback to the rear, and extensive steep slopes which, in turn, has constrained the buildable area of the lot. The Applicant argues that the constraints are more than a mere inconvenience and constitute an unnecessary hardship. The Land Use Code stipulates that there must be special conditions and circumstances that are unique to the parcel, which are not applicable to other parcels. The circumstances on this parcel are common to other parcels within the same zone district. Staff finds this criterion not met. b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Staff finds that should the BOA find that a hardship exists, property specific findings should be made so that special privilege is not conveyed with the grant of a variance. Staff finds this criterion conditionally met. 16 Board of Adjustment Resolution No. ______ , Series 2019 Page 1 of 3 RESOLUTION NO. _____ (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1, SUNNY PARK SUBDIVISION, COMMONLY KNOWN AS 333 PARK AVENUE Parcel ID No: 273718100017 WHEREAS, the Community Development Department received an application for 333 Park Avenue, (the Application) from BMH Investments LTD. (Applicant), represented by Sara Adams of BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, the subject property is within the R-6 zone district, is 10,418 square feet in size, and requires compliance with the following minimum setback dimensions: • Front Yard: Principal buildings 10’ and Accessory buildings 15’ • Side Yard: minimum 15’ for a total of 36’ on both sides • Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’ • There also exists a Top of Slope 15’ setback that further constrains the lot and a progressive 45- degree height limit from Top of Slope. WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – September 30th, 2019, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on November 14th, 2019; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant side yard setback variances that relate to the existing development pattern in the immediate neighborhood; and, WHEREAS, during a duly noticed public hearing on November 14th, 2019, the Board of Adjustment approved Resolution _____, Series of 2019, by a _____ to _____ vote, granting approval for Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site plan and renderings: 333 Park Avenue • Front Yard Setback Variance: No setback to be granted • NW Side Yard Setback Variance: 12’ setback for construction of a new single-family residence • SE Side Yard Setback Variance: 14’ setback for construction of a new single-family residence • Combined Side Yard Setback Variance: 26’ combined setback for construction of a new single- family residence. 17 Board of Adjustment Resolution No. ______ , Series 2019 Page 2 of 3 No other development other than grading as represented shall be permitted within established R-6 setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. Section 2: Prior to construction of the new single-family residence, the Applicant shall apply for the appropriate building permits. The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. Section 3: Prior to removal of any trees on the properties, the Applicant shall apply for and receive appropriate permits from the Parks Department, which may include submittal and review of a detailed landscape plan. All tree removal shall comply with rules and regulations as deemed necessary by the Parks Department. If trees are impacted on neighboring lots, the Applicant shall receive homeowner approval and apply for and receive tree dripline excavation permits. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date of the approval unless development has commenced as illustrated by the submission of a building permit or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not vested, and will not receive a Development Order. Section 7: 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. 18 Board of Adjustment Resolution No. ______ , Series 2019 Page 3 of 3 FINALLY, approved this 14th day of November, 2019. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Linda Manning, City Clerk 19 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 20, 2019 Aspen Community Development Department Board of Adjustment City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 333 Park Avenue – Setback Variance Requests Dear ComDev and BOA, Please accept this application for setback variances to allow for the development of a single-family home on the property referred to as 333 Park Avenue. Required setbacks of the R-6 Zone District are prohibitive and for the development right to be exercised on this property, the applicant seeks setback variances to construct a modest home. The property is 10,418 sf in size; however, the actual lot size is just over 6,000 sf after deducting slopes, areas below the high-water line and the access easement. The reduction in gross lot area does not proportionally reduce required setbacks, which in turn creates a prohibitive development situation that is exacerbated when additional restrictions like stream margin height and setback limits, and an access easement through the front yard, are also applied to the property. Figure 1: Vicinity Map. Blue Star indicates 333 Park Ave. Note the location of the property in relationship to Park Ave. 20 333 Park Ave Board of Adjustment Background The 333 Park property is located off Park Avenue with access via an easement that also provides vehicular access to three other properties. Two historic 19th century landmarks are on the site with various non- historic additions. The landmarks are approved to be relocated to Gibson Avenue after City Council decided that site restriction at 333 Park Ave could not accommodate an appropriate historic preservation project. Landmark designation is approved to be exchanged from 333 Park to 931 Gibson after the landmarks are safely relocated to the 931 property. As part of the relocation request, City Council granted approval to remove all non-historic additions prior to relocation of the resources to 931 Gibson. The work is currently underway with regular site visits by HPC members and City staff. The vacant lot, after the historic buildings are removed, is the subject of this application. Owners Brian and Shelly Hendry propose a single-family home for their family of 4 kids and two dogs. Even though it is a vacant lot, there are serious site constraints that create hardships on the property. The property fronts the Roaring Fork River and is subject to Stream Margin Review. A private vehicular access easement bisects the front of the property to allow access to 333 Park Avenue and to adjacent properties 341/346 Park and 329 Park. And, an emergency access easement turnaround is located at the north west of the property. The design team has been very careful to meet all Stream Margin Review requirements and to meet the Residential Design Standards - placing an emphasis on environmental protection and Figure 2: 333 Park façade facing the access easement before partial demolition this summer. Figure 3: Detail showing site constraints. 21 333 Park Ave Board of Adjustment neighborhood character. There are multiple regulations that push and pull and twist the developable area on this property, resulting in the request for setback variances. Setback variances The City of Aspen Land Use Code (“Code”) reduces the gross lot size of a property based on specific conditions such as steep slopes, areas below water, and areas within an access easement. The stream margin area pushes development 15 feet from the top of slope line which cuts the property almost in half, and the 45-degree progressive height limit measured from the top of slope reduces allowable height. Alternately, the vehicular access easement effectively shifts the measurement of the front setback from the property line back to the edge of pavement, which pushes development toward the river and the stream margin setback and height restrictions. 333 Park has numerous development restrictions where most properties only have one. In addition to the access easement, emergency access turnaround area, and the stream margin regulations, the lot is sloped and partially underwater which limits allowable floor area but does not reduce setback requirements . 333 Park is 10,418 sf in gross lot area but is reduced to 6,048 sf in “net lot area.” The Code uses net lot area to determine total floor area allowed to be built – the larger the net lot area the more square footage allowed and vice versa. However, setback requirements are determined using gross lot area which means that a large lot with steep slopes and unbuildable area like 333 Park has a 36 feet combined side yard setback based on the ~10,000 gross lot size, but an actual buildable area of ~6,000 sf (which in the R-6 Zone District should have a combined side yard setback of 10 feet). As demonstrated in Table 1, the project meets requirements for the actual buildable size of the lot (net lot area). Setback variances are requested to allow for a modest single family home: Table 1. Required and proposed setbacks. R-6 Setback 10,418 sf gross lot area 6,048 sf net lot area Proposed Front 10’ 10’ 12’3 to property line 1’ to edge of pavement 6” to edge of easement Side (NW) 15’ 5’ 10’ Side (SE) 15’ 5’ 5’ Combined Side 36’ 15’ 15’ Rear 10’ 10’ 15’ to top of slope Stream Margin Review – Exhibit B The proposed project meets Stream Margin Review requirements for an administrative approval as demonstrated in Exhibit B. The proposed footprint removes existing encroachments into the stream margin setback area and completely removes the building from intersecting the progressive stream margin height limit requirement. 22 333 Park Ave Board of Adjustment Residential Design Standards – Exhibit B Applicable Residential Design Standards for 333 Park are met. Literal enforcement of the R-6 setbacks eliminates any potential for this property to be developed. The proposed home is modest in size and responsive to the City’s design standards. A Transferrable Development Right is proposed to land on this property from the designation and restoration of the landmarks at 931 Gisbon. The TDR does not impact the setback variances or the massing – it is only used to account for a deck on the second floor. The setbacks proposed are the minimum necessary to make for reasonable use of the property and to avoid a hardship on the owner. We believe the Board of Adjustment’s approval of the setback variances is well within the spirit and intent of the City’s Land Use Code as well as necessary to avoid an unreasonable hardship upon the landowner. Approval would be defensible from a standard-of-review standpoint and a responsible action of the Board. We look forward to your review and commentary and an opportunity to discuss this request with the Board of Adjustment. Please let us know if we can provide additional information, if we can assist with a site visit, or if we can respond to your input in any way. Kind Regards, Kind Regards, Sara Adams, AICP sara@bendonadams.com 970-925-2855 Attachments: A – Variance Standards of Review B – Administrative Reviews (Stream Margin and RDS compliance form) C – Land Use application + Dimensional Requirement Form D - Agreement to pay form E – Stream Margin notice of approval F – Pre-application summary G - Authorization to represent H - Disclosure of ownership I - HOA compliance form J - Vicinity Map K – Mailing list L – Drawings M – Survey N - Streetscape 23 333 Park Ave Exhibit A – Standards for Review Exhibit A 26.314.040 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 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 Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” All development and uses of land are to be considered within the context of “natural environmental character of the City” and architectural/aesthetic character of the City. This project seeks to comply with the City’s strict environmental protection for the Roaring Fork River and to comply with the design standards for residential development. The purpose of the R-6 Zone District includes use for long-term residential uses with customary accessory uses. Following is the purpose statement for the R-6 Zone District, as stated in the City of Aspen Land Use Code: 24 333 Park Ave Exhibit A – Standards for Review The property is zoned for single-family development and the owner has a legitimate and reasonable expectation to be able to develop a single-family home. The purpose directly states that lands contain “relatively dense settlements…” which infers that homes are built relatively close together. A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Just less than half of the lot is unbuildable, an access easement in the front yard, and an emergency access easement in the side yard pushes development to the sides and the rear of the lot toward the river. An emergency access easement in the west side yard further restricts development on the site. The applicant proposes a single-family home that is sunken into the lot in order to adhere to the progressive height limit projecting from the stream margin top of slope boundary. The proposed home includes living space and bedrooms in the basement level, limited living space and a two-car garage on the main level, and a modest master suite on the second floor. The property is required to park two cars onsite - a reduction in parking is not requested nor contemplated as the neighborhood cannot accommodate on-street parking. The side yard setback variances provide space for a second garage bay to meet required onsite parking, and utilize below grade living space to avoid conflict with the stream margin height limit. The front yard variance results from the measurement between the access easement/edge of pavement to the front façade of the building. The access easement runs through the front yard which, according to the Code, shifts the front lot line to the easement boundary/edge of pavement closest to the proposed house. The 15’ stream margin setback requirement from the rear top of slope pushes the developable area toward the easement resulting in a front yard setback variance. The adjacent homes also have front and side variances due to the push and pull of the stream margin setback and the location of the access easement. Figure 1: Detail of 333 Park Ave showing required setbacks and proposed intrusions. 25 333 Park Ave Exhibit A – Standards for Review As demonstrated in Figures 1 and 2, the requested variances are the minimum needed to construct a single family home with 2 required parking spaces to meet Land Use Code requirements. The variances are similar to adjacent properties that are inflicted with similar hardships, but are larger lots with more buildable area. 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 form 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 b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Figure 2: Figure ground of 333 Park and adjacent properties. Dark grey shows areas within the setbacks. 333 Park 26 333 Park Ave Exhibit A – Standards for Review 333 Park has numerous development restrictions where most properties only have one. The stream margin area pushes development 15 feet from the top of slope line which cuts the property almost in half, and the 45-degree progressive height limit measured from the top of slope reduces allowable height. A vehicular access easement in the front yard pushes development toward the river and the stream margin setback and height restrictions. In addition to the access easement and the stream margin regulation, the lot is sloped and partially underwater which limits floor area but does not reduce setback requirements. The Code reduces the gross lot size of a property based on specific conditions such as steep slopes, areas below water, and areas within an access easement. 333 Park is 10,418 sf in gross lot area but is reduced to 6,048 sf in “net lot area.” The Code uses net lot area to determine total floor area allowed to be built – the larger the net lot area the more square footage allowed and vice versa. However, setback requirements are determined using gross lot area which means that a large lot with steep slopes and unbuildable area like 333 Park has a 36 feet combined side yard setback based on the ~10,000 gross lot size and an actual buildable area of ~6,000 sf which in the R-6 Zone District should have a combined side yard setback of 10 feet. A typical R-6 parcel (60ft wide by 100ft deep) provides a development area within the property equal to approximately 60% of the total property area. 333 Park has a development area of about 19.8% of the lot. As demonstrated in Table 1, the project meets requirements for the actual buildable size of the lot. Setback variances are requested to allow for a modest single family home: Table 1. Required and proposed setbacks. R-6 Setback 10,418 sf gross lot area 6,048 sf net lot area Proposed Front 10’ 10’ 12’3 to property line 1’ to edge of pavement 6” to edge of easement Side (NW) 15’ 5’ 10’ Side (SE) 15’ 5’ 5’ Combined Side 36’ 15’ 15’ Rear 10’ 10’ 15’ to top of slope The special condition of this lot is very unique. The applicant did not create this situation. The parcel has existed in this configuration for decades and is not the result of the owner’s actions. The setback situation is far beyond an inconvenience. Complying with the setbacks, literal interpretation, creates an unnecessary hardship for the Hendry family. The requested setbacks are the minimum necessary for the property to be developed and to provide the property with the same privilege allowed other properties in the same zone district, pursuant to the City’s Land Use Code. 27 333 Park Ave Exhibit B – Administrative Reviews Exhibit B 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Not Applicable. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Not Applicable. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and The property is zoned R-6. An increase in floor area from 3,615sf (existing) to 3,694sf is proposed which is well under the required 10%. This property has not yet received a stream margin exemption that increase floor area. The only stream margin exemption to date is included as exhibit E and relates to the preparation of the historic landmarks for relocation to Gibson Avenue. b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 28 333 Park Ave Exhibit B – Administrative Reviews The project is not requesting any tree removals that require a permit. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high-water line than is the existing development; The development is no closer to the high water line than the existing development as shown on sheet A1.2 in the drawing set (exhibit L) and below. d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Not Applicable. There is no approved building envelope for this site. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plain. Figure 1: Comparison of existing building footprint (black dotted line) to proposed building footprint. 29 333 Park Ave Exhibit B – Administrative Reviews The proposed building is outside of the 100-year flood plain as indicated on the survey, the drawing set, and on Figure 1. 30 Residential Design Standards Administrative Review Section 26.410.020.B. of the Land Use Code requires an Administrative Review for compliance with the Residential Design Standards (RDS) for all residential projects, unless otherwise exempted pursuant to Section 26.410.010.C. All residential projects affecting the exterior of the building shall submit for RDS Administrative Review prior to building permit submittal. If exterior work is proposed, and the scope of work meets one of the exemptions listed above, staff shall provide a signed exemption form to be included in the building permit application. Review Process: The Community Development Department staff shall review an application for applicability and compliance with Chapter 26.410, Residential Design Standards. If the application complies with all applicable standards as written, a signed Checklist and stamped plan set shall be provided to the applicant to be included with building permit submission. If the application does not comply with one or more applicable standards, an unsigned Checklist and redlined plan set shall be emailed to the applicant including comments from staff on which standard(s) the application does not comply with and a description of why the standard(s) is not compliant. The applicant shall be provided the opportunity to revise and resubmit the design in response to the comments. Staff will keep an application open for 30 days from the date an unsigned Checklist is emailed to the applicant. If after such time no revisions are submitted, the application will expire. Application for RDS Administrative Review: An application for RDS Administrative Review that DOES NOT require Alternative Compliance (see Page 2) shall be submitted to the Community Development front desk on a USB drive or emailed to planneroftheday@gmail.com. Applicants will be notified of received application by email and if additional documents are required. Certain application requirements may be waived by staff depending on the scope of work. An application for RDS Administrative Review shall include the following documents in digital format: • Site improvement survey certified by a registered land surveyor (no older than one year from submittal date) • Proposed Site plan (scaled 24”x36”) • Proposed Floor plans (scaled 24”x36”) • Proposed Elevations (scaled 24”x36”) • Existing Elevations if a remodel (scaled 24”x36”) • Complete scope of work noting all exterior areas affected by the proposed project • Complete RDS applicant checklist (attached) addressing how each standard is met with sheet references for each standard Page 1 of 2 31 Alternative Compliance or Variation: Pursuant to 26.410.020.C, projects that do not meet the criteria for Administrative Review or Alternative Compliance (as determined by staff) may be reviewed by the Planning & Zoning Commission, or HPC if appropriate, at the applicant’s request. An applicant may choose to apply directly for a Variation from the Planning & Zoning Commission or Historic Preservation Commission, pursuant to Chapter 26.410.020.C. A pre-application summary will be required for an Alternative Compliance or Variation request. Application for Alternative Compliance or Variation: An application for Alternative Compliance or a Variation will require a pre-application summary provided by Community Development staff, and shall be submitted as a Land Use Application. Required application submittal items shall be outlined in the pre-application summary. Page 2 of 2 Residential Design Standards Administrative Review 32 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 33 Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Page 2 of 2 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex 34 November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ___________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ Landmark designated property with two historic buildings and multiple non-historic additions. Approval granted by HPC and City Council to relocate the historic buildings. The site is current under construction to prepare the historic buildings for relocation to Gibson Avenue. A new single family home is proposed with setback variance requests. BOA review for setback variances 1 exhibit C Admin review for RDS and Stream Margin exemption 35 36 37 NOTICE OF APPROVAL FOR STREAM MARGIN EXEMPTION FOR THE PROPERTY LOCATED AT 333 PARK AVENUE, AS LEGALLY DESCRIBED IN EXHIBIT A. Parcel ID No. 2737-181-00-017 APPLICANT: SUBJECT & SITE OF AMENDMENT: BMH Investments, LTD 1001 FANNIN STREET, #3850 HOUSTON, TX 77002 333 Park Avenue ASPEN, CO 81611 SUMMARY: The applicant is requesting an administrative Stream Margin Exemption approval to demolish non-historic additions and stabilize the historic buildings that will remain on the site until they are relocated to 931 Gibson Avenue. REQUESTED REVIEW: •Stream Margin Exemption per Section 26.435.040.B related to proposed demolition of non-historic additions located within 100' of the Roaring Fork River's high water line. The Community Development Director is the final review authority. BACKGROUND: Historically designated in 1995 (Ordinance No. 4, Series of 1995), 333 Park Avenue contains two Victorian era structures moved to this location from Main Street in the 1960s. During this relocation, the front of the historic house was oriented to face the Roaring Fork River, and several bandit units were added around the historic structures over the years. City Council granted the applicant approval to relocate the two historic structures at 333 Park Avenue to 931 Gibson Avenue and historically designate 931 Gibson Avenue following the safe relocation of the historic structures to this site. Subsequently, the historic designation on 333 Park Avenue will be rescinded after relocation (Ordinance No. 22, Series of 2018). PROPOSAL: Prior to relocation of the two historic structures, the non-historic additions are to be removed and the remaining historic structures will be stabilized under the supervision of a structural engineer and relevant City departments. Asbestos and lead paint mitigation will occur before demolition of the non-historic additions. Other than structural elements needed to stabilize the remaining historic structures following abatement and demolition, no new development is proposed on this site for this approval. As part of this scope of work, the applicant requests the construction fencing be in place for a maximum time period of 18 months from building permit issuance. 333 Park A venue Stream Margin Exemption Page I of6 exhibit E 38 STAFF EVALUATION: Stream Margin Review is required because demolition is considered development; however, since no expansion is proposed there will be no increase in floor area or increase in site coverage within the 100-year flood plan. The proposed demolition will not cause the remaining structure to extend any closer to the high water line and 333 Park Avenue does not have an approved building envelope. Following the demolition of existing non-historic additions, the remaining historic structures will remain on site until the building foundation is complete on the receiving site. Engineering and Construction Management Plan (CMP) regulations will require site stabilization on 333 Park Avenue following the removal of the non-historic additions. The criteria for erosion prevention and sediment control must be addressed. See the Stormwater Management section of the CMP Manual for more details. Site stabilization includes drainage patterns before and after demolition and irrigation and planting measures. The applicant must repair damaged areas within the Top of Slope and 15 feet setback to riparian condition as outlined within the Urban Runoff Management Plan (URMP). All disturbed areas must be established with reasonable completion to ensure the neighbors and river are not negatively affected. The proposal does not require the removal of any trees on the site for this scope of work. The proposed silt fence along the top of slope avoids disturbing the trees nearby. Additionally, the applicant proposes to place protective fencing around the trees located towards the south east corner of the property. Staff finds this application meets the required criteria for a Stream Margin Exemption. Please see Exhibit C for Review Criteria. Engineering and CMP reviews require site stabilization following demolition. According to the approvals granted by City Council, the allocation of any fee credits for demolition work on 333 Park Avenue shall remain with the parcel where the structures are currently located, and credits shall only be given for legally established floor area. The non- historic additions, including the basement, proposed for demolition are identified as bandit units that were not legally established, therefore, no reconstruction credits will be given for these units. As a result, the applicant requests a total floor area credit of 1,882.04 square feet for only the historic structures. Staff finds that the total floor area of the historic structures to be correct and the request for this credit is in compliance with the approved City Council ordinance. The applicant has requested for the construction fence to remain in place for a maximum of 18 months from building permit issuance for 333 Park Avenue. According to the CMP submitted with this application, the proposed construction fence is a 6'-o" tall chain-link fence faced with 333 Park Avenue Stream Margin Exemption Page 2 of6 39 a mesh visual screening material. The placement of this fence will include the public right-of- way and the east and west side yards of the property (Figure 7). The proposed fencing material is only permitted under CMP regulations (Section 4.5 of CMP) and the duration of construction fencing is defined by an active permit. Due to the unique conditions and scope of work on this site, there are concerns related to protecting the historic structures and securing the stream margin area. As a provisional approval, an extension of the CMP approved fence to remain up for no more than 30 days beyond the completion of work for the permit is permitted. Beyond this extension, the applicant is required to remove the construction fencing and any other aspects of construction mobilization, subject to the IBC/IRC code and the CMP Manual. For the purposes of securing the site, the applicant may submit for a fence permit that complies with the Land Use Code without additional stream margin review. \ \ \ ' ' EX$1110 3-STOAY AES!O!lHl.11.STF.\!CTUAE ----.. ----... ------- Proposed construction fence Figure 1: Site plan with proposed construction fence and job site configuration 333 Park Avenue Stream Margin Exemption Page 3 of6 40 Staff finds that the proposed construction fence meets the CMP requirements and will be permitted to remain with an active building permit, pursuant of Engineering and CMP review criteria. If no active work related to demolition and site stabilization occurs on site, following the 30 day extension, the applicant will be required to remove the construction fence but may apply for a fence permit as outlined in the conditions for approval. DECISION: The Community Development Director finds the application for Stream Margin Exemption to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request, with the following conditions: 1. Following is the anticipated permit order: o Repair Permit (#0003.2019.ARBK). o Demolition Permit, which will include stabilization of the site. o Timing of relocation to 937 Gibson to be established through HPC review process. 2. At the time of issuance of demolition permit, the following is required: o Bond amount of $45,000 for the two historic buildings. o Narrative for irrigation and planting measures for immediate stabilization of the site after demolition. o Drainage patterns of the site before and after demolition. 3. The demolition calculations totaling 1,882.04 square feet for the two historic structures to remain as credits on 333 Park Avenue, is confirmed. 4.Pursuant to the CMP requirements, Section 3.2, public notification of surrounding neighbors within 300 ft radius will occur prior to work commencement. 5. The following fencing is permitted: o Construction fence as approved in ClvlP for the repair permit may be extended to cover work occurring under the demolition permit. o The approved construction fence is permitted to remain up for no more than 30 days beyond final work in the demolition permit as a provisional approval. Construction fencing pursuant to another subsequent active permit within the 30 days shall supersede this request. o The applicant may submit for a fence permit that complies with height and materials in the Land Use Code without additional stream margin review for the purposes of site security, if one is needed following the removal of the construction fence. 333 Park Avenue Stream Margin Exemption Page 4 of6 41 APPROVED BY: �J ssii;:a Garro ommunity Development Director Attachments: Exhibit A -Legal Description (Recorded) Exhibit B -Demolition and Floor Area Calculations (Recorded) Exhibit C -Review Criteria and Staff Findings (In file) Exhibit D -Application (In file) 333 Park Avenue Stream Margin Exemption Page 5 of6 42 EXHIBIT A: Legal Description of Address 333 Park A venue A tract of land situated in the Southwest 1/ 4 of the Southeast 1/ 4 of Section 7 and in the Northwest 1/ 4 of the Northeast 1/ 4 of Section 18, Township 10 South, Range 84 West of the 6th P.tv1., Pitkin County, Colorado. Said tract is part of the Lone Pine tv1.S. 1910 and the Mollie Gibson Lode, tv1.S. 4281 Am and is more fully described as follows: Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 43 °4 0'0 0" W 146.00 feet and S 38 °00'0 0" W 100.00 feet; thence S 46 °20 '00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which curve bears S 55 °17'30" E 16.12 feet; thence S 66 ° 55'00"• E 49,99 feet along said centerline; thence S 32 ° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34 ° 17'00" W 59,99 feet; thence N 52 ° 40'00" E 34,33 feet; thence N 43 °40 '00" W 32.60 feet; thence N 46 ° 20'00" E 86.oo feet; thence S 43 ° 40'00" E 32.00 feet to the point of beginning. 333 Park A venue Stream Margin Exemption Page 6 of6 43 S l ::> 3 l I H ::> � V VI 'ii :J m I-m I >< UJ ' X C Q) a. a. j ii j I H !I J :1 a Hn un II ••• ;!ilii !; ;:;i;i iii;;i;R;;; 11' 111 J !i 1 s 1 s § · s · s s s , § , s s s s s s jUHjjllPaan,nn,HHI 1··-----==-.. ---.. -- i, iPii •p=ipn,n•i••=a h p I -----,----- l<a<1ow-.,:i:z:--."o:-'S><OL01<• .. ::i>J,:><>- lrs'11. Uft',HO!lf.):TV\fitB,$\" :!OJ.ID u-xao.)· :..:•v a.w► dHi :3SnOH >lN'v'8cB/\lcJ i l • 5 I l ! i i i i ' 'i! ju iiI l, HJ b J, 1 ih !h I I 44 S 1 '.l 3 1 I H '.l � V VI \I cl ' C Q) a.a.11 .I 1 H ••I iP .Hi : 1• n H-n - J,. ,u, r' -.n f I I········ ; •i ; . ' ' th • • a ' i i • z I · JI j 11 t l I t l '' Ji '[' ! HH I I IHI IL ! I J u .. 'illfV,mJ I ta.:SV:OAll) \19180)' :,,:fV a.-.y):9,d((i" ::1snoH >lNVBcl:3/\lcJ II 0..-0 I N © 0 45 S l J 3 l I H J If le/ VI '8 Hl' JY..0.l0 1',!i: f:µ.JlfV f cl¾ t:: - , • i 11 h i ui f Hj H u I I M d -' .n ! •'' q pi ,,. l Ii H I! ni i i i ff i,J 1 'tj- 19 N :i t / :: : I/ ,._ ___ _;__JI 11 1/ : !: : ,-----------,---:: : ! '\. : 11 l I ' L' ____ l_==-=l=-=-= ''!E=== ;!J i I I I kl i •d l i l i i ! i • l •• l • B ! gH .t__, /l T_, 1 rr-r i i ! ! 1 11• !.. I H • 11 I I I ' I • l J • , I 1ll i I I . ' !J f I' . f 11, l J i l I j I if l J •ul f I l I 1 n I t· J 1 j ,P In ! i !j fl I t Hf H1fll d l ! i f;li J ' I 46 PRE-APPLICATION CONFERENCE SUMMARY DATE: November 12, 2018 PLANNER: Sarah Yoon, 920.5144 PROJECT NAME AND ADDRESS: 333 Park Avenue – Setback Variances, RDS Variations and Stream Margin Review PARCEL ID# 2737-181-00-017 REPRESENTATIVE: Sara Adams, BendonAdams, LLC DESCRIPTION: The property at 333 Park Avenue (R-6 zone district) has a gross lot area of 10,418 sf and is located in the Stream Margin review area with an identified top of slope. Following the relocation of the existing on-site historic resources to a new location, 333 Park Avenue will no longer be historically designated and any new development will need to comply with underlying zoning, Stream Margin review standards, and Residential Design Standards. Compliance or a request for variations from the Residential Design Standards (RDS) may be included as part of the application or submitted at a later date. The applicant wishes to develop a new single-family residence on this lot. The applicant plans to comply with the Stream Margin criteria but has indicated that there will be setback variances and RDS variations needed for the new home because the property includes an existing ditch and steep slopes to the south, and a 20’ road/utility easement to the north. If the Stream Margin criteria cannot be met, the applicant will need to request a variance from the standards through the Special Review process (Section 26.435.040.E). The request for dimensional setback variances may be submitted pursuant to Municipal Code Chapter 26.314 - Variances and reviewed by the Board of Adjustment. The request for RDS variations may be administrative if the request qualifies for “Alternative Compliance” (Section 26.410.020.B), otherwise the request for variations to the standard will be reviewed by the Planning and Zoning Commission. If any of the reviews for this application are heard by the Planning and Zoning Commission, relevant reviews will be combined. There are two possible review options depending on the content of the application. Option 1: Combined review with Planning and Zoning – Setback Variances + Residential Design Standards Variations, and Stream Margin Review (may include Special Review). Option 2: Administrative Stream Margin Review + Administrative Residential Design Standards (RDS) Review + Board of Adjustment (BOA) Setback Variances. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.314 Variances 26.410 Residential Design Standards 26.435.050 Stream Margin Review 26.710.040 Medium-Density Residential (R-6) exhibit F 47 For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for completeness and recommendation. • Administrative approval or Planning and Zoning for Stream Margin review. • Board of Adjustment or Planning and Zoning for Setback Variances review. • Administrative approval or Planning and Zoning for Residential Design Standards review. REQUIRED LAND USE REVIEW(S): • Dimensional Variance Request • Stream Margin • Residential Design Standards PUBLIC HEARING: • Yes, at Board of Adjustment or Planning and Zoning Commission NEIGHBORHOOD OUTREACH: • No PLANNING FEES: Option 1: $3,250 for ten (10) hours of staff review time for combined review of Setback Variances, RDS Variations, and Stream Margin. Option 2: $1,950 for six (6) hours of staff review time for Stream Margin and RDS; $1,950 for BOA Setback Variances. REFERRAL FEES: Engineering - $325 for one hour of review time Parks - $975 (flat fee). TOTAL DEPOSIT: Option 1: $4,550 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) Option 2: $5,200 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. 48  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  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 and relevant land use approvals associated with the property.  A proposed site plan.  Written responses to all review criteria for a variance found at Section 26.314.040 of the land use code.  Written responses to all review criteria for stream margin review found at Section 26.435.040.C of the land use code.  One 11 x 17 copy and one full sized copy of plans depicting the project and the Stream Margin Review Area, Top of Slope, and the 15’ setback from Top of Slope to confirm applicability and any impacts to these areas. (Existing and Proposed)  Completed copy of the Residential Design Standard checklist: https://www.cityofaspen.com/DocumentCenter/View/1697/RDS-Application-Packet---SF-DX Once the application is deemed complete by staff, the following items will then need to be submitted:  Total deposit for review of the application.  A digital copy of the application provided in pdf file format.  2 copies of the complete application packet and drawings. 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. 49 Exhibit G 50 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: July 9, 2019 File Number: 473790 Property Address:333 Park Avenue, Aspen, CO 81611 Buyer/Borrower:TBD Buyer Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com TBD Buyer Delivery Method: Emailed BMH INVESTMENTS LTD., a Texas limited partnership Delivery Method: Emailed Attn:Laura Maggos Phone: Fax: Laura Maggos Properties 1280 Ute Ave Aspen, CO 81611 E-Mail:laura@lauramaggos.com Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. exhibit H 51 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. 52 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“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, avenues, 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 to be insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d)“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g)a countersignature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i)comply with the Schedule B, Part I - Requirements; (ii)eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii)acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 53 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g)In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. 54 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 5 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:473790 Issuing Office File Number:473790 Property Address:333 Park Avenue, Aspen, CO 81611 Revision Number: 1.Commitment Date: June 28, 2019 at 8:00AM 2.Policy to be issued:Proposed Policy Amount (a)ALTA Owner’s Standard Proposed Insured: TBD Buyer (b)ALTA Loan Standard Proposed Insured: 3.The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: BMH Investments, Ltd., a Texas Limited Partnership 5.The Land is described as follows: See Exhibit “A” Attached Hereto 55 ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 5 File No.: 473790 A tract of land situated in the Southwest 1/4 of the Southeast 1/4 of Section 7 and in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine M.S. 1910 and the Mollie Gibson Lode, M.S. 4281 Am and is more fully described as follows: Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 43°40'00" W 146.00 feet and S 38°00'00" W 100.00 feet; thence S 46°20'00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which curve bears S 55°17'30" E 16.12 feet; thence S 66° 55'00" E 49.99 feet along said centerline; thence S 32° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34° 17'00" W 59.99 feet; thence N 52° 40'00" E 34.33 feet; thence N 43°40'00" W 32.60 feet; thence N 46° 20'00" E 86.00 feet; thence S 43° 40'00" E 32.00 feet to the point of beginning. County of Pitkin, State of Colorado 56 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 5 File No.: 473790 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.NOTE: The vesting deed is shown as follows: Warranty Deed recorded August 3, 2017, as Reception No. 640392 NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. 57 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 5 Exceptions File No.: 473790 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Rights or claims of parties in possession, not shown by the public records. 3.Easements, or claims of easements, not shown by the public records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5.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. 6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7.Water rights, claims or title to water. 8.Any and all unpaid taxes and assessments and any unredeemed tax sales. 9.The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10.Reservations and Exceptions contained in United States Patent recorded May 20, 1949 in Book 175 at Page 168. 11.Reservations and Exceptions contained in United States Patent recorded May 20, 1949 in Book 175 at Page 171. 58 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 5 12.Mineral Reservation contained in Deed recorded November 10, 1958 in Book 185 at Page 492. 13.Bibbig Survey recorded August 23, 1973 in Book 4 at Page 398. 14.Ordinance No. 4, Series of 1995 Identifying and Designating Historic Sites and Structures (unrecorded). 15.Bibbig Subdivision Exemption Lot Line Adjustment Plat recorded January 15, 1997 in Book 41 at Page 31 as Reception No. 400915 and First Amendment Bibbig Subdivision Exemption Lot Line Adjustment Plat recorded January 27, 2012 in Book 99 at Page 13 as Reception No. 586235. 16.Agreement for Easements recorded October 7, 1997 as Reception No. 409237. 17.Agreement for Construction of Sanitary Sewer Injection System and Grant of Easements recorded July 31, 1998 as Reception No. 420090. 18.Shared Sewer Service Line Agreement recorded July 31, 1998 as Reception No. 420091. 19.Resolution No. 9, Series of 2018 recorded August 6, 2018 as Reception No. 649340. 20.Ordinance No. 22, Series of 2018 recorded October 17, 2018 as Reception No. 651282. 21.Notice of Approval recorded February 19, 2019 as Reception No. 654054. 22.Notice of Approval recorded July 5, 2019 as Reception No. 657080. 23.Deed of Trust from Bmh Investments LTD for the use of Michelle Smith Hendry to secure $10,000,000.00, recorded August 21, 2017, as Reception No. 640796. 24.Any and all existing leases and tenancies. 59 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 File No.: 473790 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: TBD Rate 2006 Owner's Policy: $0.00 60 DISCLOSURES File No.: 473790 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B.A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; C.INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. D.The Company must receive payment of the appropriate premium. E.If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b.That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.61 File No.: 473790 Revised 11-19-2013 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·request insurance-related services ·provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 62 Exhibit I63 11309 315 308 310 315 311 303 311 322317 1028 1024 345 341 333 403 331 327 328 330 325 329 404 401 403 2 1 101 102 205 206 305 A-4 A-5 A-2 A-1 A-3 A-6 304 1 27 2123 2224 317 315 2625 19 20 17 18 16 12 14 10 13 15 8 9 7 9 7 6 4 2 1 333 Park Ave - vicinity map MA Stream Margin Historic Sites Parcels Label: Unit Number Parcel Boundary 11/30/2018, 11:45:34 AM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,128 CityofAspenGIS; City of Aspen Community Development | The CityofAspen GIS Department presents the information on this website as a service to the public. Every effort has been made to ensure that the information is accurate. The CityofAspen GIS Department exhibit J 64 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718100017 on 09/18/2019 Instructions: Disclaimer: http://www.pitkinmapsandmore.com exhibit K 65 WEIGAND NESTOR R JR WICHITA, KS 67202 150 N MARKET ST BROOKS KERRI L ASPEN, CO 81611 112 MIDLAND PARK PL TROUSDALE MARGARET OB GREENWOOD VILLAGE, CO 80121 7 ALEXANDER LN TAYLOR JOHN IAN ASPEN, CO 81611 331 MIDLAND AVE OVERTON MADELYN ASPEN, CO 81611 403 PARK AVE #2 315-317 PARK AVE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 315 PARK AVE LDRAM 2 LLC PARADISE VALLEY, AZ 85253 3900 E BETHANY HOME RD HANSEN BETH ASPEN, CO 81611 811 MIDLAND PK PL # H11 KALNITSKY LINDA BUDIN TRUST WEST PALM BEACH, FL 33401 1701 S FLAGLER DR #1601 RADIGAN CO CORONA DEL MAR, CA 92625 1111 BAYSIDE DR # 214 SUNIER ALAIN ASPEN, CO 81611 315 MIDLAND AVE MCKNIGHT SPENCER ASPEN, CO 81611 403 PARK AVE #10 IBARA RON CAYUCOS, CA 93430 PO BOX 776 SEID MEL ASPEN, CO 81611 1104 DALE AVE MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 BIBBIG DIETER ASPEN, CO 81611 333 PARK AVE LOWE GREGG & DIANA DURHAM, NC 277137599 483 ROSEMONT DR HEMMING GREGG S & KAREN S ASPEN, CO 81611 311 MIDLAND AVE GOODROE SHIRLEY A CAMP HILL , PA 17011 3503 MARGO RD HUMPHREY JESS ASPEN, CO 81611 811 MIDLAND PK PL # H11 MEBEL GREGORY REV LIV TRUST PAIA, HI 96779 46 S LAELUA PL STEIN DEBORAH ASPEN, CO 81611 710 MIDLAND PARK PL WHITE WILLIAM P ASPEN, CO 81611 326 MIDLAND AVE #204 KELLY JESSIE M LTD PARTNERSHIP #1 GREENWOOD VILLAGE, CO 80111 6295 GREENWOD PLAZA BLVD HRIVNAK THOMAS UNIONVILLE ONTARIO L3R6J3 CANADA, 6 HEDGEWOOD DR PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81612 PO BOX 8245 FUENTES DAVID & KATHARINE D ASPEN, CO 81611 302 MIDLAND PARK PL RIVERVIEW CONDO 26 LLC BOULDER, CO 80301 1630 A 30TH ST PMB #387 KENNEDY WILLIAM W FAMILY TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD CMTR LLC ASPEN, CO 81612 PO BOX 7631 66 FARR TENA D SPRECKELS, CA 93962 PO BOX 7534 ASPEN HILLS CONDO ASSOC ASPEN, CO 81611 160 MIDLAND AVE HELBING ATHENA ASPEN, CO 81611 403 PARK AVE #6 ASPEN VIEW CONDO ASSOC ASPEN, CO 81611 326 MIDLAND AVE 328 PARK/327 MIDLAND CONDO ASSOC ASPEN, CO 81611 COMMON AREA 328 PARK AVE 165 PARK CIRCLE CONDO ASPEN, CO 81611 COMMON AREA CUNNINGHAM PAMELA M ASPEN, CO 81611 502 MIDLAND PARK PL GORBITZ HEIDI & PATRIC ASPEN, CO 81612 PO BOX 647 MCPHEE JAMES MICHAEL & ANNE MARIE ASPEN, CO 81611 401 MIDLAND PARK PL CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST BROWN DOUGLAS & ABBY FAM TRUST BOULDER, CO 80302 980 6TH ST WILLCOX DENNIS ASPEN, CO 81611 722 MIDLAND PARK PL HOLLINGER JONATHAN CARBONDALE, CO 81623 326 HWY 133 #270H NEARY DENNIS R & NANCY CENTLIVRE INDIANAPOLIS, IN 46236 8282 BOWLINE CT ARAPAHOE LLC ST PAUL, MN 55110 1201 N BIRCH LAKE BLVD LAWRENCE LARRY S QPR TRUST LA JOLLA, CA 92037 8560 RUETTE MONTE CARLO POST MARISA JOY ASPEN, CO 81611 403 MIDLAND PK PL # D3 KELLY JESSIE M LP #1 GREENWOOD VILLAGE, CO 80111 6295 GREENWOOD PLAZA BLVD SMITH DONALD NELSON ASPEN, CO 81611 501 MIDLAND PARK PL ALVIS MARCI L HOUSTON, TX 77040 8827 W SAM HOUSTON PKWY N #200 GOODMAN DREW I GREENWOOD VILLAGE, CO 80121-1336 5721 GREEN OAKS DR ASPEN HILLS INVESTORS LLC ASPEN, CO 81612 PO BOX 1048 DECRAY MARCELLA TRUST SANTA MONICA, CA 90405 1528 HILL ST ALVIS STEVEN D HOUSTON, TX 77040 8827 W SAM HOUSTON PKWY N #200 SPONAR ANTON K & JUDY ASPEN, CO 81611-2486 222 MIDLAND PARK PL SACHSE TODD DETROIT, MI 48226 1528 WOODWARD AVE #600 990 KING ST UNIT #4 LLC ASPEN, CO 81611 1295 RIVERSIDE DR RICH VICTORIA CREVE COEUR, MO 63141 455 RIDGECORDE BIRRFELDER BRIGITTE T ASPEN, CO 81612 PO BOX 3035 STEAR RONALD & MARIA F ASPEN, CO 81611 402 MIDLAND PARK PL 67 LUPI-PEATE NATALIA ASPEN, CO 816112487 404 MIDLAND PARK PL WEISBARD MARK W WILMETTE, IL 60091 1706 CENTRAL AVE EPSTEN VIRGINIA H QPR TRUST KANSAS CITY, MO 64112 5038 WALNUT ST GOLDEN SALLIE ASPEN, CO 81611 325 PARK AVE ZORRITO LLC SARASOTA, FL 34239 1901 FLOYD ST WINKLER JILL C ASPEN, CO 81611 212 MIDLAND PARK PL PARK 269 LLC SAN DIEGO , CA 92101 655 W BROADWAY #1600 KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD LACROIX TIMOTHY ASPEN, CO 81611 113 MIDLAND PARK PL RUSSELL LYNN C ASPEN, CO 81612 PO BOX 8904 DODINGTON SUSAN M ASPEN, CO 81611 221 MIDLAND PARK PL 981 KING STREET LLC ASPEN, CO 81612 PO BOX 3123 KRIGEL SANFORD P TRUST KANSAS CITY, MO 64111 4520 MAIN ST CADWALLADER MICHELE C FAMILY TRUST SAN ANTONIO, TX 78209 250 GENESEO RD WAGAR RICHARD H ASPEN, CO 81612 PO BOX 9063 INDEPENDENCE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 1104 DALE AVE KRIGEL SCOTT W TRUST KANSAS CITY, MO 64111 4520 MAIN ST RESTAINO BECKER TRUST SAN ANSELMO, CA 94960 72 ALDER AVE KENNEDY WILLIAM W REV LVG TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD MANUEL CATHERINE & LINCOLN ASPEN, CO 81611 409 PARK CIR #2 BESTIC JEFFREY B ASPEN, CO 81611 PO BOX 2267 AMORY LEE RANDOLPH ASPEN, CO 81611 403 FARLCAVE #7 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST LEE BARBARA C TRUST BROOKLINE, MA 02445 35 FISHER AVE LOWE SARA M & CORY J ASPEN, CO 81611 407 PARK AVE #B TERKUN MARK ASPEN, CO 81612 PO BOX 329 EVERETTE JOHN ASPEN, CO 81611 712 MIDLAND PARK PL PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 BROWNELL CONDO ASSOC ASPEN, CO 81611 996 GIBSON AVE HITCHCOCK SAMANTHA ASPEN, CO 81612 PO BOX 329 68 BROOKE TRUST ASPEN, CO 81611 1024 E HOPKINS #17 CURRAN MIKE & VERONICA REV TRUST HOUSTON, TX 77019 2001 KIRBY DR STE 520 KROMELOW BASIL M & LAUREANNE L CHICAGO, IL 60610 55 W DELAWARE PL COERDT HENRY K ASPEN, CO 81611 326 MIDLAND AVE #201 SCHROEDER PATRICIA A REV TRUST PINE RIVER, MN 56474 36261 SPRUCE TR FRONT FOUR LLC AUSTIN, TX 78703 2608 MCCALLUM DR MARTHINSSON NOSTDAHL CONDO ASSOC ASPEN, CO 81611 403 PARK AVE WHITE ROBIN ASPEN, CO 81612 PO BOX 2771 311 PARK AVE LLC SAN FRANCISCO, CA 94123 3047 FILLMORE ST ASPEN ASSET LLC GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 MACCRACKEN SCOTT R ASPEN, CO 81611 403 MIDLAND PK PL # D3 WEBSTER DAVID H ASPEN, CO 81612 PO BOX 10362 WESTERMAN JEFF & TERI ENCINO, CA 91316 5130 SHOSHONE AVE BAKKEN JOHN & LIZA N ASPEN, CO 81612 PO BOX 12064 FARR TENA D 1989 TRUST SPRECKELS, CA 93962 PO BOX 7534 VICENZI HEATHER L TRUST ASPEN, CO 81612 PO BOX 2238 TDR REVOCABLE TRUST ALEXANDRIA, VA 22314 201 N UNION ST #300 WELDEN TODD E & DEBORAH C ASPEN, CO 81611 503 MIDLAND PARK PL #E3 AUVIL PAUL R JR TRUST ASPEN, CO 81611 1024 E HOPKINS AVE #14 EIS JENNIFER L ASPEN, CO 81612 PO BOX 11315 PERLEY PAUL S ASPEN, CO 81612 PO BOX 12155 COERDT CLINTON C ASPEN, CO 81611 326 MIDLAND AVE #201 FAT CITY APARTMENTS LLC ASPEN, CO 81611 625 S WEST END STREET #4 P S W D INVESTMENT CO LTD ASPEN, CO 81611 215 S MONARCH ST #101 BIRACH KAREN ASPEN, CO 81611-2414 122 MIDLAND PARK PL 990 KING ST UNIT #2 LLC ASPEN, CO 81611 1295 RIVERSIDE DR KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD FARRELL SCOTT W ASPEN, CO 81612 PO BOX 9656 DIBELLO JACQUELINE ASPEN, CO 81611 990 KING ST # 1 LEE JONATHAN O TRUST BROOKLINE, MA 02445 35 FISHER AVE 69 KING WALLACE M WOOLWICH SYDNEY NSW 2110 AUSTRALIA, 41 THE POINT RD CHAZEN DAVID FRANKLIN II NEW YORK, NY 10155 150 E 58TH ST 27TH FL PATTEN DAVID N ASPEN, CO 81611 810 MIDLAND PARK PL ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 210 E HYMAN AVE #202 KURNOS TIMOTHY A ASPEN, CO 81611 403 PARK AVE #9 NICHOLS SCOTT A ASPEN, CO 81612 PO BOX 3035 TORPEN CONDO ASSOC ASPEN, CO 81611 COMMON AREA 1018 E HOPKINS AVE TUSHINGHAM DARREN ASPEN, CO 81611 326 MIDLAND AVE #205 OLDFIELD BARNEY F GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 PICKARD NANCY S ASPEN, CO 81611 1020 E HOPKINS AVE #4 KENNEDY WILLIAM W CHILDRENS TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD BALLOU JONATHAN ASPEN, CO 81611 403 PARK AVE #6 DELYNN JEAN J ASPEN, CO 81611 331 MIDLAND AVE MIDLAND PARK PLACE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 112 MIDLAND PARK PL JOHNSTON PEGGY REV TRUST ASPEN, CO 81611 111 MIDLAND PARK PL MCLAUGHLIN KEVIN ASPEN, CO 81611 403 PARK AVE #4 BLOMQUIST JENIFER L ASPEN, CO 81612 PO BOX 12155 KERN JORDON ASPEN, CO 81611 403 PARK AVE #2 MCCOY CARLTON ASPEN, CO 81612 PO BOX 9349 622 OCEAN LLC ISLE OF PALMS, SC 29451 PO BOX 522 KOLBERG JUDITH A ASPEN, CO 81611 501 MIDLAND PARK PL SHERIDAN MARGARET BRONXVILLE, NY 10708 29 VILLAGE LN DECRAY MARCELLA IRREV PROPERTY TRUST SANTA MONICA, CA 90405 1528 HILL ST J2C LLC 1130 VIENNA AUSTRIA , PACASSISTRASSE 62 AUVIL CAROL A TRUST ASPEN, CO 81611 1024 E HOPKINS AVE #14 LAWRENCE MARA B QPR TRUST LA JOLLA, CA 92037 8560 RUETTE MONTE CARLO COLAS CONDO ASSOC ASPEN, CO 81611 341 PARK AVE CARDWELL ROBERT A LAGUNA BEACH, CA 92651 1672 LOUISE ST HERMELIN ASPEN LLC FRANKLIN, MI 48025 32205 BINGHAM RD GRUBBS MATT LAS VEGAS, NV 891090101 632 TAM OSHANTER 70 SURVIVORS TRUST ALAMEDA, CA 94501 1352 BAY ST RIVER HOUSE LLC ASPEN, CO 81611 729 E BLEEKER ST MCGAVOCK MARGARET JANE TRUST ASPEN, CO 81612 PO BOX 533 JEFFERSON GREG ASPEN, CO 81611 711 MIDLAND PARK PL KALNITSKY EUGENE TRUST WEST PALM BEACH, FL 33401 1701 S FLAGLER DR #1601 LIEN-TWO CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK AVE HENDRICKS LYNDELL B ASPEN, CO 81612 PO BOX 11152 PARK AVENUE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 407 PARK AVE UNIT A GOLDSTEIN GARY L LVG TRUST NO 1 ASPEN, CO 816114109 1020 E HOPKINS AVE #7 GARTON SARA B ASPEN, CO 81611 110 MIDLAND PARK PL COWLING LINDA ASPEN, CO 81612 PO BOX 9656 SEMPLE SASHA L ASPEN, CO 81611 601 E HYMAN AVE JOHNSON SHAEL ASPEN, CO 81612 PO BOX 3549 GLEASON AMY ASPEN, CO 81611 712 MIDLAND PARK PL HECK JAMES C ASPEN, CO 81612 PO BOX 8416 DAVIS D STONE ASPEN, CO 81612 PO BOX 8904 KETAI JAMES A DETROIT, MI 48226 1528 WOODWARD AVE #600 ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A ASPEN, CO 81611 409 PARK CIR #4 PARK AVENUE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 102 PARK AVE KOCH KATHRYN S & JOHN F ASPEN, CO 81611 304 MIDLAND PARK PL C-4 PAGANO JOSEPH K & JOSEPH A ASPEN, CO 81612 PO BOX 7785 KELLEY BRAD BUCKLEY & SHARI L EDEN, UT 84310 1736 N 6250 E GRIFFITHS THOMAS W ASPEN, CO 81611 504 MIDLAND PARK PL GRAHAM MARGOT ASPEN, CO 81612 PO BOX 2254 PEATE WILLIAM DOUGLAS ASPEN, CO 816112487 404 MIDLAND PARK PL CALK LAURA E ASPEN, CO 81611-2472 722 MIDLAND PARK PL RIVERVIEW CONDO ASSOC ASPEN, CO 81611 COMMON AREA MITCHELL ELSA R ASPEN, CO 81612 PO BOX 2492 EPSTEN BRADFORD M QPR TRUST KANSAS CITY, MO 641122757 5038 WALNUT ST MIDLAND MWTK33 LLC ASPEN, CO 81611 1260 SNOWBUNNY LN 71 KENNEDY PATRICIA ANN REV LIV TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SMITH JACK L & DIANE M EVERGREEN, CO 80439 434 COTTONWOOD DR MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 FERLISI MARY SANDRA LIVING TRUST ASPEN, CO 81611 326 MIDLAND AVE #307 HAGEN CATHERINE ANNE ASPEN, CO 81611 210 MIDLAND PARK PL HOUBEN CYNTHIA MICHELE ASPEN, CO 81612 PO BOX 9616 SEID MEL ASPEN, CO 81611 1104 DALE AVE DUNIGAN PATRICK A DALLAS, TX 75205 4245 N CENTRAL EXPRESSWAY STE 460 MOONEY TIMOTHY ASPEN, CO 81612 PO BOX 8931 GODFREY DIANE A & ANDREW H ASPEN, CO 81611 121 MIDLAND PARK PL BELINDA BEE CONDO ASPEN, CO 81611 990 KING ST FEINSTEIN JEROME FAM TRUST LONGBOAT KEY, FL 34228 1211 GULF OF MEXICO DR #901 HIGGINS PAUL ASPEN, CO 81611 303 MIDLAND PARK PL #C-3 72 RIVERBANK HOUSE333 PARK AVEASPEN, CO 81611RESIDENTIAL#17042SCHEMATIC DESIGN PACKAGE09-18-201973 UPDN1700 SFArea575 SFArea483 SFArea156 SFArea770 SFAreaOPENTOBELOW433 SFAreaROOF ABV.ROOF ABV.2645 SFArea© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:24:42 PMA0.217042FLOOR AREA CALCULATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019FLOOR AREA CALCULATION: ALLOWABLE FAR: 3,496.72 SFTDR: 250 SFTOTAL ALLOWABLE FAR: 3746.72SFTOTAL GARAGE 200 SFTOTAL DECK OVERAGE 391.5 SFTOTAL AREA UPPER FLOOR 770 SFTOTAL AREA MAIN FLOOR 1,700 SFTOTAL AREA LOWER FLOOR 632.2 SFTOTAL F.A.R. 3,693.7 SFTOTAL GROSS5,690 SFUPPER LEVEL:TOTAL FLOOR AREA: 770SFTOTAL DECK AREA: 433SFMAIN LEVEL:TOTAL FLOOR AREA: 1,700SFTOTAL DECK AREA: 483SFTOTAL GARAGE AREA: 200SFLOWER LEVEL:TOTAL FLOOR AREA: 2,645SF X .239 WALL EXPOSURE =632.2 SFISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 74 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTW WDWATER SERVICESTORM DRAINEXIST. SEWER CLEANOUTEXIST. BUILDING FOOTPRINTA P P R O X . S E W E R L I N EPARK AVENUEPROPERTY LINEPROPERTY LINEPROPERTY LINEPLAT BK. 41 PG. 3220'-0" ROAD/UTILITY EASEMENTEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 57940EXISTING 3-STORYRESIDENTIAL STRUCTUREEXIST. SETBACK8' - 10"EXIST. SETBACK26' - 0"EXIST.4' - 3 1/2"EXIST.4' - 1 1/2"REAR SETBACK PER C.O.A.15' - 0"EXIST. RAILROAD TIESWALKDECKPORCHPORCH© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:24:42 PMA1.117042EXISTING SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019ISSUE: DATE:SCALE: 1/8" = 1'-0"A1.11SITE PLAN - EXISTINGNORTH75 MEAN HIGH WATER LINER O A R IN G F O R K R IV E RTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENT10' - 0"R-6 SIDE SETBACK21' - 0"R-6 REQUIRED SETBACKEXIST. BUILDING FOOTPRINTPARK AVENUEPROPERTY LINEPROPERTY LINEPROPERTY LINEPLAT BK. 41 PG. 3220'-0" ROW / UTILITY EASEMENTEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 5 7 9 4 0R-6 SIDE SETBACK15' - 0"R-6 SIDE SETBACK21' - 6"R-6 REAR SETBACK15' - 0"R-6 SI DE SE T BACK22' - 0 "R-6 FRONT SETBACK15' - 0"R-6 SIDE SETBACK22' - 0"TOP OF SLOPE PER C.O.A.TOP OF SLOPE PER C.O.A.R-6 SETBACK10' - 0"EXIST. EDGE OF PAVEMENTR-6 REQUIRED SETBACKR-6 REQUIRED SETBACKPROPOSED SETBACKDECKDECKDECKDECK10' - 0"R-6 SI DE SET BACK 2 1 ' - 6 "R-6 REAR SETBACK15' - 0"R-6 FRONT SETBACK10' - 0"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:24:53 PMA1.217042SUBDIVISION SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 3/32" = 1'-0"A1.21SITE PLAN - SUBDIVISIONNORTHISSUE: DATE: 76 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTSIDE SETBACK10' - 0"R-6 REQUIRED SETBACKEXIST. BUILDING FOOTPRINTPARK AVENUE10' - 0"PROPERTY LINEPROPERTY LINEPROPERTY LINEEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 57940SIDE SETBACK5' - 0"SETBACK8"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:04 PMA1.317042ARCHITECTURAL SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019NORTHSCALE: 1/8" = 1'-0"A1.31SITE PLAN - MAIN FLOORISSUE: DATE: 77 © COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:04 PMA1.4170423-D DIAGRAMSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019ISSUE: DATE: 78 UPA3.11A3.22A3.21A3.121A4.11A4.1KINGQUEEN/BUNKQUEEN/BUNKKING234BCAFED77' - 6"38' - 4"1LOWER LEVELREC. ROOMKITCHENETTE / BEV. CENTERMECHANICAL ROOMCORRIDORBEDROOMBATHSTORAGECLOSETLAUNDRYPOWDEREGRESS1234567891011© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:05 PMA2.117042LOWER LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019155116104835511 116 66 892711ISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 79 UPDNA3.11A3.22A3.21A3.121A4.11A4.1BANQUETBARGRILLLIGHTWELL234BCAFOPENTOABOVEEDEMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTEXIST. EDGE OF PAVEMENTPROPERTY LINEPROPERTY LINEPROPERTY LINEPARK AVENUE34' - 4"9' - 4"24' - 9 1/2"77' - 6"PROPOSED SETBACK10' - 0"VARIANCE REQUEST11' - 0"VARIANCE REQUEST10' - 0"PROPOSED SETBACK5' - 0"R-6 REAR SETBACK15' - 0"TOP OF SLOPE PER C.O.A.VARIANCE REQUEST 9' - 6" PROPOSED SETBACK 6"6' - 0"25' - 6"1MAIN LEVELENTRYKITCHENLIVING ROOMDECKDINING ROOMLOUNGE/LIBRARYMUD ROOMPOWDER ROOMGARAGE123456789© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:05 PMA2.217042MAIN LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019NORTH8597423146ISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 80 DNA3.11A3.22A3.21A3.121A4.11A4.1OPENTOBELOW234BCAFEDCOFFEE BAR50' - 11 1/2"18' - 9"1UPPER LEVELMASTER BEDROOMMATER BATHMASTER CLOSETROOF DECKLIBRARY12345© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:06 PMA2.317042UPPER LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.20191234ISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX581 8" / 12"1A4.11A4.1223344BBCCAAFFEEDD12" / 12"1" / 12"11ROOF PLAN© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:06 PMA2.417042ROOF PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019ISSUE: DATE: 82 T.O. PLY @ MAIN LEVEL100'-0"T.O. PLY @ UPPER LEVEL111'-0"PROTECTIVE LANDSCAPE WALL@ STREET CURVE1A4.11A4.1FROSTED GLAZING STANDING SEAMMTL. ROOFGLAZING234VERTICAL WOOD SIDINGBRICKSKYLIGHT 23' - 9 1/2"GLAZING 1T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFEDVERTICAL WOOD SIDINGGLAZINGBRICK© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:07 PMA3.117042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A3.11NORTH ELEVATIONSCALE: 1/4" = 1'-0"A3.12EAST ELEVATIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 83 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"1A4.11A4.1234BRICKVERTICAL WOOD SIDINGCONC. FOUND. WALLSKYLIGHTGLAZING1T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFED25'-0" HIEGHT LIMIT PER C.O.A.BRICKGLAZINGSKYLIGHTVERTICAL WOOD SIDING© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:07 PMA3.217042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A3.21 SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A3.22WEST ELEVATIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 84 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFED45 DEG. PROGRESSIVE HEIGHT LIMIT© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:08 PMA4.117042BUILDING SECTIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A4.11TRANSVERSE SECTIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 85 ROARING FORK RIVERDDDSSOSWOSWCOCOG G WWWWWWWWCTVCTVCTVCTVCTVCTVCTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UESSSSSSSSSSSSSSSSSSSSSS9.2'1 8 . 3 '30'3 1 . 9 '∆=23°14'52"R=40.00'L=16.23'ChB=S55°17'34"EChL=16.12'SLOPE TABLENUMBER123MIN. SLOPE0.000%20.000%30.000%MAX. SLOPE20.000%30.000%1000.000%COLOR7915792079257930793579407942 79 4 4794479407935 793079257920 15 'SLOPE TABLENUMBER123MIN. SLOPE0.000%20.000%30.000%MAX. SLOPE20.000%30.000%1000.000%COLORAREA6114.44711.453141.11NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Since 2007170691 OF 1BMH INVESTMENTS, LTD.CITY OF ASPEN, COLORADOIMPROVEMENT & TOPO SURVEYLOT 1, SUNNY PARK SUB.333 PARK AVENUEJRNJRNNOV 02, 2017069.DWG105/22/18GENERATE SLOPE ANALYSISJRN212/28/18ADD 15' O/S TOP SLOPEJRN308/19/19UPDATE SURVEYJRNIMPROVEMENT SURVEY STATEMENTI HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY PEAK SURVEYING, INC.FOR BMH INVESTMENTS, LTD, A TEXAS LIMITED PARTNERSHIP.I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE,OCTOBER 26, 2017, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OFTHE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBEDPREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THATTHERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANYPART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THIS SURVEY WAS PREPAREDWITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS THAT MAYAFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAK SURVEYING, INC.ERROR IN CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000.BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYA TRACT OF LAND SITUATED IN THE SW1/4SE1/4 OF SECTION 7 AND THE NW1/4NE1/4 OF SECTION 18TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONA TRACT OF LAND SITUATED IN THE SW1/4SE1/4 OF SECTION 7 AND THE NW1/4NE1/4 OF SECTION 18, TOWNSHIP 10SOUTH, RANGE 84 WEST OF THE 6TH P.M., PITKIN COUNTY, COLORADO, SAID TRACT IS PART OF THE LONE PINEM.S. 1910 AND THE MOLLIE GIBSON LODE, M.S. 4281 AM AND IS MORE FULLY DESCRIBED AS FOLLOWS:BEGINNING AT THE WEST CORNER OF LOT 1, SUNNY PARK SUBDIVISION, WHENCE CORNER NO. 3 OF SAID MOLLIEGIBSON LODE BEARS N43°40'00"W 146.00 FEET AND S38°00'00"W 100.00 FEET; THENCE S46°20'00"W 10.00 FEET TO APOINT ON THE CENTERLINE OF A ROAD EASEMENT AS SHOWN ON THE PLAT RECORDED IN BOOK 4 AT PAGE 398OF THE RECORDS OF PITKIN COUNTY; THENCE FOLLOWING SAID CENTERLINE 16.23 FEET ALONG THE ARC OF ACURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, THE CHORD OF WHICH BEARS S55°17'30"E 16.12 FEET;THENCE S66°55'00"E 49.99 FEET ALONG SAID CENTERLINE; THENCE S32°09'58"W 13.39 FEET; THENCE S50°17'00"W130.26 FEET; THENCE N34°17'00"W 59.99 FEET; THENCE N52°40'00"E 34.33 FEET; THENCE N43°40'00"W 32.60 FEET;THENCE N46°20'00"E 86.00 FEET; THENCE S43°40'00"E 32.00 FEET TO THE POINT OF BEGINNING.NOTES1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED WITHOUTTHE BENEFIT OF A TITLE COMMITMENT THEREFORE, EXCEPTIONS TO TITLE THAT MAY AFFECTTHE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAK SURVEYING, INC.2) THE DATE OF THIS SURVEY WAS OCTOBER 26, 2017.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N46°20'00"E BETWEEN THENORTHWESTERLY CORNER, A #5 REBAR & CAP L.S. #16129 FOUND IN PLACE AND THE 1.90' W.C.TO THE NORTHERLY CORNER, A #5 REBAR & CAP L.S. #16129 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE SUNNY PARK SUBDIVISION PLAT RECORDED IN PLAT BOOK 4AT PAGE 398 AND RECEPTION NO. 640394 IN THE PITKIN COUNTY CLERK AND RECORDER'SOFFICE AND CORNERS FOUND IN PLACE.6) ELEVATIONS AND CONTOURS SHOWN ARE BASED ON TOPOGRAPHY SUPPLIED BY OTHERSYIELDING AN ON-SITE ELEVATION OF 7943.80' ON THE NORTHEASTERLY CORNER AS SHOWN.FROM TOPOGRAPHY RECEIVED PSI GENERATED SLOPE ANALYSIS TO THE EXTENT CONTOURSWERE AVAILABLE. CONTOUR INTERVAL EQUALS 1 FOOT.NESW0306090120150180210240270300330P e a k Surveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL3793508/19/1986 87 CITY OF • DEVELOPMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 333 Park Avenue ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: Thursday November 14th 20 19 STATE OF COLORADO ) SS. County of Pitkin ) 1, Sara Adams (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 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. V 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 21 day of October 2018,to and including the date and time of the public hearing. A photograph of the posted notice(sign)is attached hereto: V Mailing of notice. By 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 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) March, 2016 City of Apen 1130 S. Galena St.1(970)920 5050 CITY OF AsPEN COMMUNITY • PDEPARTMENT, `. 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 tax records of Pitkin County. At a minimum,Subdivision,Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas, are subject to this notices 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,to whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of new land use regulation,or otherwise,the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However,the proposed zoning during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature i The foregoing"Affidavit Notice"was acknowledged before me this 1 day of N QV�,�rv,k 20 , by a U r L f0.h-r i WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 7-31 W:?,3 otary Public LAUREN LITCHET NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID 20194003057 • COPY OF THE PUBLICATION MY COMMISSION EXPIRES JANUARY 23,2023 • PHOTOGRAPH OF THE POSTED NOTICES (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C.R.S§24-65.5-103.3 I 016 City of Apen 130 1 1 5050' I I f 1 f --t._ _.. - •1 ��` , UUW d t _ . r 7%` \ O g W N X m r .='�\` •✓7.1 '�` n ..J Z o U U d 2 c v is O E am '0 0 ~ a 1 � Y I ' �y c I � • • Z� Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718100017 on 10/25/2019 1' KIN CIOUNTI� Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com WEIGAND NESTOR R JR BROOKS KERRI L TROUSDALE MARGARET OB 150 N MARKET ST 112 MIDLAND PARK PL 7 ALEXANDER LN WICHITA, KS 67202 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80121 TAYLOR JOHN IAN OVERTON MADELYN 315-317 PARK AVE CONDO ASSOC 331 MIDLAND AVE 403 PARK AVE#2 COMMON AREA ASPEN,CO 81611 ASPEN,CO 81611 315 PARK AVE ASPEN,CO 81611 LDRAM 2 LLC HANSEN BETH KALNITSKY LINDA BUDIN TRUST 3900 E BETHANY HOME RD 811 MIDLAND PK PL#H11 1701 S FLAGLER DR#1601 PARADISE VALLEY,AZ 85253 ASPEN,CO 81611 WEST PALM BEACH,FL 33401 RADIGAN CO SUMER ALAIN MCKNIGHT SPENCER 1111 BAYSIDE DR#214 315 MIDLAND AVE 403 PARK AVE#10 CORONA DEL MAR,CA 92625 ASPEN,CO 81611 ASPEN,CO 81611 IB.ARA RON SEID MEL MCDONALD FRANCIS B PC)BOX 776 1104 DALE AVE PO BOX 4671 CAYUCOS,CA 93430 ASPEN,CO 81611 ASPEN,CO 81612 BIBBIG DIETER LOWE GREGG&DIANA HEMMING GREGG S&KAREN S 333 PARK AVE 483 ROSEMONT DR 311 MIDLAND AVE ASPEN,CO 81611 DURHAM,NC 277137599 ASPEN,CO 81611 GOODROE SHIRLEY A HUMPHREY JESS MEBEL GREGORY REV LIV TRUST 3503 MARGO RD 811 MIDLAND PK PL#H11 46 S LAELUA PL CAMP HILL, PA 17011 ASPEN,CO 81611 PAIA, HI 96779 STEIN DEBORAH WHITE WILLIAM P KELLY JESSIE M LTD PARTNERSHIP#1 710 MIDLAND PARK PL 326 MIDLAND AVE#204 6295 GREENWOD PLAZA BLVD ASPEN,CO 81611 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80111 HRIVNAK THOMAS PHILLIPS ARTHUR R&HELEN B FUENTES DAVID& KATHARINE D 6 HEDGEWOOD DR PO BOX 8245 302 MIDLAND PARK PL UNIONVILLE ONTARIO L3R6J3 CANADA, ASPEN,CO 81612 ASPEN,CO 81611 RIVERVIEW CONDO 26 LLC KENNEDY WILLIAM W FAMILY TRST CMTR LLC 1630 A 30TH ST PMB#387 218 STEEPLECHASE RD PO BOX 7631 BOULDER,CO 80301 BARRINGTON HILLS, IL 60010 ASPEN,CO 81612 FARR TENA D ASPEN HILLS CONDO ASSOC HELBING ATHENA PO BOX 7534 160 MIDLAND AVE 403 PARK AVE#6 SPRECKELS,CA 93962 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN VIEW CONDO ASSOC 328 PARK/327 MIDLAND CONDO ASSOC 165 PARK CIRCLE CONDO 326 MIDLAND AVE COMMON AREA COMMON AREA ASPEN,CO 81611 328 PARK AVE ASPEN,CO 81611 ASPEN,CO 81611 CUNNINGHAM PAMELA M GORBITZ HEIDI&PATRIC MCPHEE JAMES MICHAEL&ANNE MARIE 502 MIDLAND PARK PL PO BOX 647 401 MIDLAND PARK PL ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 CITY OF ASPEN BROWN DOUGLAS&ABBY FAM TRUST WILLCOX DENNIS 130 S GALENA ST 980 6TH ST 722 MIDLAND PARK PL ASPEN,CO 81611 BOULDER,CO 80302 ASPEN,CO 81611 HOLLINGER JONATHAN NEARY DENNIS R& NANCY CENTLIVRE ARAPAHOE LLC 326 HWY 133#270H 8282 BOWLINE CT 1201 N BIRCH LAKE BLVD CARBONDALE,CO 81623 INDIANAPOLIS, IN 46236 ST PAUL,MN 55110 LAWRENCE LARRY S QPR TRUST POST MARISA JOY KELLY JESSIE M LP#1 8560 RUETTE MONTE CARLO 403 MIDLAND PK PL#D3 6295 GREENWOOD PLAZA BLVD LA JOLLA,CA 92037 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80111 SMITH DONALD NELSON ALVIS MARCI L GOODMAN DREW I 501 MIDLAND PARK PL 8827 W SAM HOUSTON PKWY N#200 5721 GREEN OAKS DR ASPEN,CO 81611 HOUSTON,TX 77040 GREENWOOD VILLAGE,CO 80121-1336 ASPEN HILLS INVESTORS LLC DECRAY MARCELLA TRUST ALVIS STEVEN D PO BOX 1048 1528 HILL ST 8827 W SAM HOUSTON PKWY N#200 ASPEN,CO 81612 SANTA MONICA,CA 90405 HOUSTON,TX 77040 SPONAR ANTON K&JUDY SACHSE TODD 990 KING ST UNIT#4 LLC 222 MIDLAND PARK PL 1528 WOODWARD AVE#600 1295 RIVERSIDE DR ASPEN,CO 81611-2486 DETROIT,MI 48226 ASPEN,CO 81611 RICH VICTORIA BIRRFELDER BRIGITTE T STEAR RONALD&MARIA F 455 RIDGECORDE PO BOX 3035 402 MIDLAND PARK PL CREVE COEUR,MO 63141 ASPEN,CO 81612 ASPEN,CO 81611 LUPI-PEATE NATALIA WEISBARD MARK W EPSTEN VIRGINIA H QPR TRUST 404 MIDLAND PARK PL 1706 CENTRAL AVE 5038 WALNUT ST ASPEN,CO 816112487 WILMETTE,IL 60091 KANSAS CITY,MO 64112 GOLDEN SALLIE ZORRITO LLC WINKLER JILL C 325 PARK AVE 1901 FLOYD ST 212 MIDLAND PARK PL ASPEN,CO 81611 SARASOTA,FL 34239 ASPEN,CO 81611 PARK 269 LLC KEARN ROBERT&ORENE FAMILY TRUST LACROIX TIMOTHY 655 W BROADWAY#1600 1831 WILLOW RD 113 MIDLAND PARK PL SAN DIEGO ,CA 92101 HILLSBOROUGH,CA 94010 ASPEN,CO 81611 RUSSELL LYNN C DODINGTON SUSAN M 981 KING STREET LLC PO BOX 8904 221 MIDLAND PARK PL PO BOX 3123 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612 KRIGEL SANFORD P TRUST CADWALLADER MICHELE C FAMILY TRUST WAGAR RICHARD H 4520 MAIN ST 250 GENESEO RD PO BOX 9063 KANSAS CITY,MO 64111 SAN ANTONIO,TX 78209 ASPEN,CO 81612 INDEPENDENCE CONDO ASSOC KRIGEL SCOTT W TRUST RESTAINO BECKER TRUST COMMON AREA 4520 MAIN ST 72 ALDER AVE 1104 DALE AVE KANSAS CITY,MO 64111 SAN ANSELMO,CA 94960 ASPEN,CO 81611 KENNEDY WILLIAM W REV LVG TRUST MANUEL CATHERINE&LINCOLN BESTIC JEFFREY B 218 STEEPLECHASE RD 409 PARK CIR#2 PO BOX 2267 BARRINGTON, IL 60010 ASPEN,CO 81611 ASPEN,CO 81611 AMORY LEE RANDOLPH CITY OF ASPEN LEE BARBARA C TRUST 403 FARLCAVE#7 130 S GALENA ST 35 FISHER AVE ASPEN,CO 81611 ASPEN,CO 81611 BROOKLINE,MA 02445 LOWE SARA M&CORY J TERKUN MARK EVERETTE JOHN 407 PARK AVE#B PO BOX 329 712 MIDLAND PARK PL ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 PITKIN COUNTY BROWNELL CONDO ASSOC HITCHCOCK SAMANTHA 530 E MAIN ST#301 996 GIBSON AVE PO BOX 329 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 BROOKE TRUST CURRAN MIKE&VERONICA REV TRUST KROMELOW BASIL M&LAUREANNE L 1024 E HOPKINS#17 2001 KIRBY DR STE 520 55 W DELAWARE PL ASPEN,CO 81611 HOUSTON,TX 77019 CHICAGO, IL 60610 COERDT HENRY K SCHROEDER PATRICIA A REV TRUST FRONT FOUR LLC 326 MIDLAND AVE#201 36261 SPRUCE TR 2608 MCCALLUM DR ASPEN,CO 81611 PINE RIVER, MN 56474 AUSTIN,TX 78703 MARTHINSSON NOSTDAHL CONDO ASSOC WHITE ROBIN 311 PARK AVE LLC 403 PARK AVE PO BOX 2771 3047 FILLMORE ST ASPEN,CO 81611 ASPEN,CO 81612 SAN FRANCISCO,CA 94123 ASPEN ASSET LLC MACCRACKEN SCOTT R WEBSTER DAVID H 2701 MIDLAND AVE#8312 403 MIDLAND PK PL#D3 PO BOX 10362 GLENWOOD SPRINGS,CO 816014395 ASPEN,CO 81611 ASPEN,CO 81612 WESTERMAN JEFF&TERI BAKKEN JOHN&LIZA N FARR TENA D 1989 TRUST 5130 SHOSHONE AVE PO BOX 12064 PO BOX 7534 ENCINO,CA 91316 ASPEN,CO 81612 SPRECKELS,CA 93962 VICENZI HEATHER L TRUST TDR REVOCABLE TRUST WELDEN TODD E&DEBORAH C PO BOX 2238 201 N UNION ST#300 503 MIDLAND PARK PL#E3 ASPEN,CO 81612 ALEXANDRIA,VA 22314 ASPEN,CO 81611 AUVIL PAUL R JR TRUST EIS JENNIFER L PERLEY PAUL S 1024 E HOPKINS AVE #14 PO BOX 11315 PO BOX 12155 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81612 COERDT CLINTON C FAT CITY APARTMENTS LLC P S W D INVESTMENT CO LTD 326 MIDLAND AVE#201 625 S WEST END STREET#4 215 S MONARCH ST#101 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 BIRACH KAREN 990 KING ST UNIT#2 LLC KEARN ROBERT&ORENE FAMILY TRUST 122 MIDLAND PARK PL 1295 RIVERSIDE DR 1831 WILLOW RD ASPEN,CO 81611-2414 ASPEN,CO 81611 HILLSBOROUGH,CA 94010 FARRELL SCOTT W DIBELLO JACQUELINE LEE JONATHAN 0 TRUST PO BOX 9656 990 KING ST#1 35 FISHER AVE ASPEN,CO 81612 ASPEN,CO 81611 BROOKLINE,MA 02445 KING WALLACE M CHAZEN DAVID FRANKLIN II PATTEN DAVID N 41 THE POINT RD 150 E 58TH ST 27TH FL 810 MIDLAND PARK PL WOOLWICH SYDNEY NSW 2110 AUSTRALIA, NEW YORK, NY 10155 ASPEN,CO 81611 ASPEN/PITKIN COUNTY HOUSING AUTHORII KURNOS TIMOTHY A NICHOLS SCOTT A 210 E HYMAN AVE#202 403 PARK AVE#9 PO BOX 3035 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 TORPEN CONDO ASSOC TUSHINGHAM DARREN OLDFIELD BARNEY F COMMON AREA 326 MIDLAND AVE#205 2701 MIDLAND AVE#8312 1018 E HOPKINS AVE ASPEN,CO 81611 GLENWOOD SPRINGS,CO 816014395 ASPEN,CO 81611 PICKARD NANCY S KENNEDY WILLIAM W CHILDRENS TRST BALLOU JONATHAN 1020 E HOPKINS AVE#4 218 STEEPLECHASE RD 403 PARK AVE#6 ASPEN,CO 81611 BARRINGTON HILLS, IL 60010 ASPEN,CO 81611 DELYNN JEAN J MIDLAND PARK PLACE CONDO ASSOC JOHNSTON PEGGY REV TRUST 331 MIDLAND AVE COMMON AREA 111 MIDLAND PARK PL ASPEN,CO 81611 112 MIDLAND PARK PL ASPEN,CO 81611 ASPEN,CO 81611 MCLAUGHLIN KEVIN BLOMQUIST JENIFER L KERN JORDON 403 PARK AVE#4 PO BOX 12155 403 PARK AVE#2 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 MCCOY CARLTON 622 OCEAN LLC KOLBERG JUDITH A PO BOX 9349 PO BOX 522 501 MIDLAND PARK PL ASPEN,CO 81612 ISLE OF PALMS,SC 29451 ASPEN,CO 81611 SHERIDAN MARGARET DECRAY MARCELLA IRREV PROPERTY TRU J2C LLC 29 VILLAGE LN 1528 HILL ST PACASSISTRASSE 62 BRONXVILLE,NY 10708 SANTA MONICA,CA 90405 1130 VIENNA AUSTRIA, AUVIL CAROL A TRUST LAWRENCE MARA B QPR TRUST COLAS CONDO ASSOC 1024 E HOPKINS AVE #14 8560 RUETTE MONTE CARLO 341 PARK AVE ASPEN,CO 81611 LA JOLLA,CA 92037 ASPEN,CO 81611 CARDWELL ROBERT A HERMELIN ASPEN LLC GRUBBS MATT 1672 LOUISE ST 32205 BINGHAM RD 632 TAM OSHANTER LAGUNA BEACH,CA 92651 FRANKLIN,MI 48025 LAS VEGAS,NV 891090101 SURVIVORS TRUST RIVER HOUSE LLC MCGAVOCK MARGARET JANE TRUST 1352 BAY ST 729 E BLEEKER ST PO BOX 533 ALAMEDA,CA 94501 ASPEN,CO 81611 ASPEN,CO 81612 JEFFERSON GREG KALNITSKY EUGENE TRUST LIEN-TWO CONDO ASSOC 711 MIDLAND PARK PL 1701 S FLAGLER DR#1601 COMMON AREA ASPEN,CO 81611 WEST PALM BEACH,FL 33401 PARK AVE ASPEN,CO 81611 HENDRICKS LYNDELL B PARK AVENUE TOWNHOMES CONDO ASSO( GOLDSTEIN GARY L LVG TRUST NO 1 PO BOX 11152 407 PARK AVE UNIT A 1020 E HOPKINS AVE#7 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 816114109 GARTON SARA B COWLING LINDA SEMPLE SASHA L 110 MIDLAND PARK PL PO BOX 9656 601 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 JOHNSON SHAEL GLEASON AMY HECK JAMES C PO BOX 3549 712 MIDLAND PARK PL PO BOX 8416 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612 DAVIS D STONE KETAI JAMES A ANDRULAITIS FIONA MCWILLIAM&TIMOTH` PO BOX 8904 1528 WOODWARD AVE#600 409 PARK CIR#4 ASPEN,CO 81612 DETROIT,MI 48226 ASPEN,CO 81611 PARK AVENUE CONDO ASSOC KOCH KATHRYN S&JOHN F PAGANO JOSEPH K&JOSEPH A COMMON AREA 304 MIDLAND PARK PL C-4 PO BOX 7785 102 PARK AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 KELLEY BRAD BUCKLEY&SHARI L GRIFFITHS THOMAS W GRAHAM MARGOT 1736 N 6250 E 504 MIDLAND PARK PL PO BOX 2254 EDEN,UT 84310 ASPEN,CO 81611 ASPEN,CO 81612 PEATE WILLIAM DOUGLAS CALK LAURA E RIVERVIEW CONDO ASSOC 404 MIDLAND PARK PL 722 MIDLAND PARK PL COMMON AREA ASPEN,CO 816112487 ASPEN,CO 81611-2472 ASPEN,CO 81611 MITCHELL ELSA R EPSTEN BRADFORD M QPR TRUST MIDLAND MWTK33 LLC PO BOX 2492 5038 WALNUT ST 1260 SNOWBUNNY LN ASPEN,CO 81612 KANSAS CITY,MO 641122757 ASPEN,CO 81611 BELLIS ARTHUR P KENNEDY PATRICIA ANN REV LIV TRUST CITY OF ASPEN 1008 E HOPKINS AVE 218 STEEPLECHASE RD 130 S GALENA ST ASPEN,CO 81611 BARRINGTON, IL 60010 ASPEN,CO 81611 SMITH JACK L& DIANE M MCDONALD FRANCIS B FERLISI MARY SANDRA LIVING TRUST 434 COTTONWOOD DR PO BOX 4671 326 MIDLAND AVE#307 EVERGREEN,CO 80439 ASPEN,CO 81612 ASPEN,CO 81611 HAGEN CATHERINE ANNE HOUBEN CYNTHIA MICHELE SEID MEL 210 MIDLAND PARK PL PO BOX 9616 1104 DALE AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 DUNIGAN PATRICK A MOONEY TIMOTHY GODFREY DIANE A&ANDREW H 4245 N CENTRAL EXPRESSWAY STE 460 PO BOX 8931 121 MIDLAND PARK PL DALLAS,TX 75205 ASPEN,CO 81612 ASPEN,CO 81611 BELINDA BEE CONDO FEINSTEIN JEROME FAM TRUST HIGGINS PAUL 990 KING ST 1211 GULF OF MEXICO DR#901 303 MIDLAND PARK PL#C-3 ASPEN,CO 81611 LONGBOAT KEY,FL 34228 ASPEN,CO 81611 Q QnUD c,� � m � O C l_L:N C 2 2 a f > o m § 2CD G E E p a e / E & J £ / 3 f / % = ) . $ 2 as 2 ® 2 Cl U) � .$ $ f @ CO k § Zn n@ 5 % s / g = o CL 2 £ e t 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' ƒ tc ■ E cn Lo dtk / no \ L §= g a ( — CL -i n = a « 2 CITY OF • MMUNITY DEVELOPMENT DEPARTMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 333 Park Avenue ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: Thursday November 14th . 20 19 STATE OF COLORADO ) Ss. County of Pitkin ) 1 Sara Adams (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 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. V 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 29 day of (unbar , 20_19_,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 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 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) 2016 City of Apen 1130 1 . 1 50501 �CITY OF AsPEN COMMUNITY DEVELOPMENT PA 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 tax records of Pitkin County. At a minimum,Subdivision,Spas or PUDs that create more than one lot, new Planned Unit Development,and new Specially Planned Areas,are subject to this notices 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,to whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation,or otherwise,the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However,the proposed zoning during all business hours for fifteen (15)days prior to the public hearing on such amendments. Signature The foregoing"Affidavit Notice"was acknowledged before me this 1 2 day of N Q 20 , by A,12 WITNESS MY HAND AND OFFICIAL SEAL My commission expiresZ 2-3, 207,3 �Puhlic otary LAUREN LITCHET NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID 20194003051 • COPY OF THE PUBLICATION MY COMMISSION EXPIRES JANUARY 23,2023 • PHOTOGRAPH OF THE POSTED NOTICES (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C.R.S§24-6S.5-103.3 11 fel � � I I � r—, l _ (L ILA zi a y L N _ i a Z E _ 1 ` 1 S,1 � f i I • I TA1z� Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718100017 on 10/25/2019 tTKIN COUNTI Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page,, or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com WEIGAND NESTOR R JR BROOKS KERRI L TROUSDALE MARGARET OB 150 N MARKET ST 112 MIDLAND PARK PL 7 ALEXANDER LN WICHITA,KS 67202 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80121 TAYLOR JOHN IAN OVERTON MADELYN 315-317 PARK AVE CONDO ASSOC 331 MIDLAND AVE 403 PARK AVE#2 COMMON AREA ASPEN,CO 81611 ASPEN,CO 81611 315 PARK AVE ASPEN,CO 81611 LDRAM 2 LLC HANSEN BETH KALNITSKY LINDA BUDIN TRUST 3900 E BETHANY HOME RD 811 MIDLAND PK PL#H11 1701 S FLAGLER DR#1601 PARADISE VALLEY,AZ 85253 ASPEN,CO 81611 WEST PALM BEACH,FL 33401 RADIGAN CO SUNIER ALAIN MCKNIGHT SPENCER 1111 BAYSIDE DR#214 315 MIDLAND AVE 403 PARK AVE#10 CORONA DEL MAR,CA 92625 ASPEN,CO 81611 ASPEN,CO 81611 IBARA RON SEID MEL MCDONALD FRANCIS B PO BOX 776 1104 DALE AVE PO BOX 4671 CAYUCOS,CA 93430 ASPEN,CO 81611 ASPEN,CO 81612 BIBBIG DIETER LOWE GREGG&DIANA HEMMING GREGG S&KAREN S 333 PARK AVE 483 ROSEMONT DR 311 MIDLAND AVE ASPEN,CO 81611 DURHAM,NC 277137599 ASPEN,CO 81611 GOODROE SHIRLEY A HUMPHREY JESS MEBEL GREGORY REV LIV TRUST 3503 MARGO RD 811 MIDLAND PK PL#H11 46 S LAELUA PL CAMP HILL,PA 17011 ASPEN,CO 81611 PAIA,HI 96779 STEIN DEBORAH WHITE WILLIAM P KELLY JESSIE M LTD PARTNERSHIP#1 710 MIDLAND PARK PL 326 MIDLAND AVE#204 6295 GREENWOD PLAZA BLVD ASPEN,CO 81611 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80111 HRIVNAK THOMAS PHILLIPS ARTHUR R&HELEN B FUENTES DAVID&KATHARINE D 6 HEDGEWOOD DR PO BOX 8245 302 MIDLAND PARK PL UNIONVILLE ONTARIO L3R6J3 CANADA, ASPEN,CO 81612 ASPEN,CO 81611 RIVERVIEW CONDO 26 LLC KENNEDY WILLIAM W FAMILY TRST CMTR LLC 1630 A 30TH ST PMB#387 218 STEEPLECHASE RD PO BOX 7631 BOULDER,CO 80301 BARRINGTON HILLS,IL 60010 ASPEN,CO 81612 FARR TENA D ASPEN HILLS CONDO ASSOC HELBING ATHENA PO BOX 7534 160 MIDLAND AVE 403 PARK AVE#6 SPRECKELS,CA 93962 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN VIEW CONDO ASSOC 328 PARK/327 MIDLAND CONDO ASSOC 165 PARK CIRCLE CONDO 326 MIDLAND AVE COMMON AREA COMMON AREA ASPEN,CO 81611 328 PARK AVE ASPEN,CO 81611 ASPEN,CO 81611 CUNNINGHAM PAMELA M GORBITZ HEIDI&PATRIC MCPHEE JAMES MICHAEL&ANNE MARIE 502 MIDLAND PARK PL PO BOX 647 401 MIDLAND PARK PL ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 CITY OF ASPEN BROWN DOUGLAS&ABBY FAM TRUST WILLCOX DENNIS 130 S GALENA ST 980 6TH ST 722 MIDLAND PARK PL ASPEN,CO 81611 BOULDER,CO 80302 ASPEN,CO 81611 HOLLINGER JONATHAN NEARY DENNIS R&NANCY CENTLIVRE ARAPAHOE LLC 326 HWY 133#270H 8282 BOWLINE CT 1201 N BIRCH LAKE BLVD CARBONDALE,CO 81623 INDIANAPOLIS,IN 46236 ST PAUL,MN 55110 LAWRENCE LARRY S QPR TRUST POST MARISA JOY KELLY JESSIE M LP#1 8560 RUETTE MONTE CARLO 403 MIDLAND PK PL#D3 6295 GREENWOOD PLAZA BLVD LA JOLLA,CA 92037 ASPEN,CO 81611 GREENWOOD VILLAGE,CO 80111 SMITH DONALD NELSON ALVIS MARCI L GOODMAN DREW 1 501 MIDLAND PARK PL 8827 W SAM HOUSTON PKWY N#200 5721 GREEN OAKS DR ASPEN,CO 81611 HOUSTON,TX 77040 GREENWOOD VILLAGE,CO 80121-1336 ASPEN HILLS INVESTORS LLC DECRAY MARCELLA TRUST ALVIS STEVEN D PO BOX 1048 1528 HILL ST 8827 W SAM HOUSTON PKWY N#200 ASPEN,CO 81612 SANTA MONICA,CA 90405 HOUSTON,TX 77040 SPONAR ANTON K&JUDY SACHSE TODD 990 KING ST UNIT#4 LLC 222 MIDLAND PARK PL 1528 WOODWARD AVE#600 1295 RIVERSIDE DR ASPEN,CO 81611-2486 DETROIT,MI 48226 ASPEN,CO 81611 RICH VICTORIA BIRRFELDER BRIGITTE T STEAR RONALD&MARIA F 455 RIDGECORDE PO BOX 3035 402 MIDLAND PARK PL CREVE COEUR,MO 63141 ASPEN,CO 81612 ASPEN,CO 81611 LUPI-PEATE NATALIA WEISBARD MARK W EPSTEN VIRGINIA H QPR TRUST 404 MIDLAND PARK PL 1706 CENTRAL AVE 5038 WALNUT ST ASPEN,CO 816112487 WILMETTE,IL 60091 KANSAS CITY,MO 64112 GOLDEN SALLIE ZORRITO LLC WINKLER JILL C 325 PARK AVE 1901 FLOYD ST 212 MIDLAND PARK PL ASPEN,CO 81611 SARASOTA,FL 34239 ASPEN,CO 81611 PARK 269 LLC KEARN ROBERT&ORENE FAMILY TRUST LACROIX TIMOTHY 655 W BROADWAY#1600 1831 WILLOW RD 113 MIDLAND PARK PL SAN DIEGO ,CA 92101 HILLSBOROUGH,CA 94010 ASPEN,CO 81611 RUSSELL LYNN C DODINGTON SUSAN M 981 KING STREET LLC PO BOX 8904 221 MIDLAND PARK PL PO BOX 3123 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612 KRIGEL SANFORD P TRUST CADWALLADER MICHELE C FAMILY TRUST WAGAR RICHARD H 4520 MAIN ST 250 GENESEO RD PO BOX 9063 KANSAS CITY,MO 64111 SAN ANTONIO,TX 78209 ASPEN,CO 81612 INDEPENDENCE CONDO ASSOC KRIGEL SCOTT W TRUST RESTAINO BECKER TRUST COMMON AREA 4520 MAIN ST 72 ALDER AVE 1104 DALE AVE KANSAS CITY,MO 64111 SAN ANSELMO,CA 94960 ASPEN,CO 81611 KENNEDY WILLIAM W REV LVG TRUST MANUEL CATHERINE&LINCOLN BESTIC JEFFREY B 218 STEEPLECHASE RD 409 PARK CIR#2 PO BOX 2267 BARRINGTON, IL 60010 ASPEN,CO 81611 ASPEN,CO 81611 AMORY LEE RANDOLPH CITY OF ASPEN LEE BARBARA C TRUST 403 FARLCAVE#7 130 S GALENA ST 35 FISHER AVE ASPEN,CO 81611 ASPEN,CO 81611 BROOKLINE,MA 02445 LOWE SARA M&CORY J TERKUN MARK EVERETTE JOHN 407 PARK AVE#B PO BOX 329 712 MIDLAND PARK PL ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 PITKIN COUNTY BROWNELL CONDO ASSOC 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PO BOX 9656 601 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 JOHNSON SHAEL GLEASON AMY HECK JAMES C PO BOX 3549 712 MIDLAND PARK PL PO BOX 8416 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81612 DAVIS D STONE KETAI JAMES A ANDRULAITIS FIONA MCWILLIAM&TIMOTH` PO BOX 8904 1528 WOODWARD AVE#600 409 PARK CIR#4 ASPEN,CO 81612 DETROIT,MI 48226 ASPEN,CO 81611 PARK AVENUE CONDO ASSOC KOCH KATHRYN S&JOHN F PAGANO JOSEPH K&JOSEPH A COMMON AREA 304 MIDLAND PARK PL C-4 PO BOX 7785 102 PARK AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 KELLEY BRAD BUCKLEY&SHARI L GRIFFITHS THOMAS W GRAHAM MARGOT 1736 N 6250 E 504 MIDLAND PARK PL PO BOX 2254 EDEN,UT 84310 ASPEN,CO 81611 ASPEN,CO 81612 PEATE WILLIAM DOUGLAS CALK LAURA E RIVERVIEW CONDO ASSOC 404 MIDLAND PARK PL 722 MIDLAND PARK PL COMMON AREA ASPEN,CO 816112487 ASPEN,CO 81611-2472 ASPEN,CO 81611 MITCHELL ELSA R EPSTEN BRADFORD M QPR TRUST MIDLAND MWTK33 LLC PO BOX 2492 5038 WALNUT ST 1260 SNOWBUNNY LN ASPEN,CO 81612 KANSAS CITY,MO 641122757 ASPEN,CO 81611 BELLIS ARTHUR P KENNEDY PATRICIA ANN REV LIV TRUST CITY OF ASPEN 1008 E HOPKINS AVE 218 STEEPLECHASE RD 130 S GALENA ST ASPEN,CO 81611 BARRINGTON, IL 60010 ASPEN,CO 81611 SMITH JACK L&DIANE M MCDONALD FRANCIS B FERLISI MARY SANDRA LIVING TRUST 434 COTTONWOOD DR PO BOX 4671 326 MIDLAND AVE#307 EVERGREEN,CO 80439 ASPEN,CO 81612 ASPEN,CO 81611 HAGEN CATHERINE ANNE HOUBEN CYNTHIA MICHELE SEID MEL 210 MIDLAND PARK PL PO BOX 9616 1104 DALE AVE ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 DUNIGAN PATRICK A MOONEY TIMOTHY GODFREY DIANE A&ANDREW H 4245 N CENTRAL EXPRESSWAY STE 460 PO BOX 8931 121 MIDLAND PARK PL DALLAS,TX 75205 ASPEN,CO 81612 ASPEN,CO 81611 BELINDA BEE CONDO FEINSTEIN JEROME FAM TRUST HIGGINS PAUL 990 KING ST 1211 GULF OF MEXICO DR#901 303 MIDLAND PARK PL#C-3 ASPEN,CO 81611 LONGBOAT KEY,FL 34228 ASPEN,CO 81611 Ln E CO _0 < C: C., 0 cc (D ao c < D vn c; n � rJ 6i n � c r p O Q mrwoa " = { C U) v� `r' rn O i?c� R en O CL C, L O 2 �- N N O j cn m z- r., K a o G p Ti a a - f j L� EL M V, y, cc � v c T cOC = L a ' d = n ti O c�D fns C r, 3 C a+ UtO L L C 7 CD p 7 2i in, ep CT 7 C N O T �_ S G W O fIl `r N r N d N m G C -cc,, < t � 2 D t9. L'iO O ~ ti cp G+ A Z p N C-j� ' y y O C - N N M co SC CD 41 u a o c u w o W 0 c=, _a CA N ci c � N W CrILI r o c ? f r a n 3 rJ�j TC O fJ T as W 1 W �{ 1 m O_ O a' p ^ Q_i to a w X r n_ a v . C7 n rP cfl b R r c o C ar r -3 o - cn ' pG? O T C o � a'- = w r D D D -1 c oa a m O � cn V, m' n: cn a m C-3 - (0 T N j. V• -. fC U1 2 6 > y Q Vjn p L R c a cC C m c -•= C3 G - N n a Ct) R O n v, r+ r. m November 8, 2019 Board of Adjustment City of Aspen 130 S Galena Street Aspen CO 81611 Dear Board of Adjustment, I am the neighbor to the West of the 333 Park development and wanted to share my thoughts on this project with you. I have read through the application in front of you and I believe that the constraints on this project are real—and that the variances should be granted. Being forced to adhere to setbacks for a gross lot size almost double of what they are working with seems prohibitive to a good outcome for not only the project but our entire neighborhood. I am in full support of the application as written and hope that you can recognize this hardship. Sincerely, Dave & Marnie Near 341 Park Ave. Aspen, CO 81611 512-656-1971 November 14, 2019 Regarding: BOA meeting on 333 Park Avenue, Aspen I am a neighbor and longtime resident of Aspen and wanted to share my thoughts on this project with you. I am familiar with the Application in front of you and believe that the constraints and hardships that this project faces are legitimate and a variance as requested should be granted. I believe the BOA should take in account the significant constraints on this lot, which create a real hardship, not created by the property owner. I believe the situation in the case before you is in keeping with the intent of the BOA. I hope you will vote in favor of the setback variances because they meet the criteria for the granting of a varian .Thank you. Jill S or Linda Manning From: burnsranch@gmail.com Sent: Monday, November 11, 2019 11:15 AM To: Linda Manning Subject: 333 Park Ave I am writing to support the variance request for this project. We live next door and have been following the project from the historic review up to the current request. I feel the request only enhances the neighborhood as well as keeping the city's goal of preservation. Thank you in advance for your consideration. Kandy Cadwallader November 7, 2019 Board of Adjustment City of Aspen 130 S Galena Street Aspen CO 81611 Dear Board Members, I am writing to you in regards to the proposed development at 333 Park Avenue,Aspen that will be reviewed on November 14tH As a neighbor, I have been following this land use application since it appeared before the Historic Preservation Commission. I feel that the project team has been responsive throughout their various reviews and have produced a final design that not only responds to local context but would be a great addition to our neighborhood. I am a long-time Aspen resident and I understand the perceptions around development in this town. However, I am in full support of the application before you as I feel that denying this variance request would be unfair and punitive to this project. I ask that the Board carefully consider the project's request and vote in favor of the setback variances in order to allow this project to continue to move forward. Respectfully, L-DCom' � — Sallie Golden 325 Park Avenue,Aspen CO