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Home My WebLink AboutAgenda.BOA.0507201 AGENDA ASPEN BOARD OF ADJUSTMENT May 7, 2020 4:30 PM, WebEx I.SITE VISIT II.ROLL CALL III.COMMENTS IV.MINUTES V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.Resolution #1, Series of 2020 630 W Hopkins Ave Request for Side Yard Variance 630 W Hopkins Ave_Memo_Final.pdf BOA Resolution 1-2020_630 W Hopkins Avenue_Final.docx Exhibit A- 630 W Hopkins Ave_Variance Review Criteria.pdf Exhibit C - 630 W Hopkins Ave_Application.pdf VI.B.Resolution No. 2, Series of 2020 616 W. Main Dimensional Variance Request 616 W Main_Variance Request_Memo.pdf Resolution No. 02, Series of 2020_APPROVING VARIANCE.docx Resolution No. 02, Series of 2020_DENYING VARIANCE.docx Exhibit A_Staff Findings & Review Criteria.docx Exhibit B_Application_616 W. Main.pdf Exhibit C_Vacation Rental Letter.pdf VII.OTHER BUSINESS VIII.BOARD REPORTS IX.ADJOURN 1 2 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 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 2 3 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 3 Page 1 of 5 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 630 W Hopkins, Dimensional Variance Review Resolution No. 1, Series of 2020 MEETING DATE: May 7, 2020 APPLICANT: Wingstone Toy Company LLC REPRESENTATIVE: Joseph Spears, S2 Architects LOCATION: 630 W Hopkins Avenue. Lots M and N, Block 25, City and Townsite of Aspen, County of Pitkin, State of Colorado. PID#273512448520 CURRENT ZONING AND USE: 630 W Hopkins is located within the R-6 zone district and is developed with a single-family residence. Lot Size: 6,000 square feet SUMMARY OF REQUEST: The Applicant requests a side yard dimensional setback variance from the minimum required in the R-6 zone district to accommodate construction of a roughly 7 foot tall retaining wall. 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 4 Page 2 of 5 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: 630 W Hopkins Avenue is identified as Lots M and N, Block 25, City and Townsite of Aspen, County of Pitkin, State of Colorado. Currently 630 W Hopkins is developed with a single-family residence. 630 W Hopkins is bounded by 634 W Hopkins to the west, and they each share a half of a sunken courtyard in between the properties. It appears that the lot was developed some time in the late 70’s to early 80’s; however, building permit information is scant for this property in relation to when the sunken courtyard was constructed. A building permit file for 634 W Hopkins from 1981 mentions a stairway addition to the patio which staff believes is in relation to the sunken courtyard. Additionally, an improvement survey from 2007 shows the courtyard in existence. Figure 2: Subject Property Location: R-6 ZONE DISTRICT: The R-6 zone district requires the following minimum setbacks for a 6,000 square foot lot: 5 Page 3 of 5 • Front Yard: Principal buildings 10’ and Accessory buildings 15’. • Side Yard: Minimum 5’ with a total combined side yard setback of 15’. • Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’. REQUEST: The Applicant requests approval for a dimensional setback variance for this lot to accommodate construction of a proposed new seven (7) foot tall retaining wall, located two (2) inches from the side yard property line. Specifically, the following variance is requested: 630 W Hopkins Avenue Setback Variances: • West Side Yard Setback Variance: 2” Figure 3: Proposed site plan 6 Page 4 of 5 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 already contains a single-family residence. The courtyard is a man- made condition that creates an inconvenience on the subject property at this moment in time. Denial of the requested setback variance to accommodate the proposed retaining wall 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 the proposed retaining wall plan attempts to meet the goals of the current land use code; however, seven-foot-tall retaining walls that do not satisfy the minimum required setbacks, are prohibited by the Land Use Code. Further, if the entire courtyard between 630 and 634 W Hopkins were to be filled in, then there would be no need for a variance. In determining whether a hardship exists on the subject property, consideration should be given to the adequacy of the proposed two-inch side yard setback. If the variance is approved, installation and future maintenance of the proposed retaining wall will necessitate access onto the adjacent property. REFERRAL AGENCIES Staff referred this request to the Engineering Department for a cursory review of the proposed retaining wall. Engineering requests that the applicant provide a construction plan that demonstrates that the retaining wall can be constructed without impacting the neighboring property. Alternatively, the applicant needs to provide a construction agreement from the neighboring property allowing excavation and disruption their property. Additionally, the applicant will need to show where rain runoff is currently routed on site and the proposed rerouting. Staff also referred the application to the City Parks Department who provided comments on the request. Parks requested that access for the proposed project occur off the alley. No trees will be impacted by the proposed retaining wall. 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. 7 Page 5 of 5 ALTERNATIVE: The BOA may want to make a finding that a hardship exists on the property and pass a motion to approve the proposed two-inch side yard setback to accommodate the retaining wall. 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 and the potential impacts to the neighboring parcel. PROPOSED MOTION (All motions are proposed in the affirmative): 1) “I move to approve the denial of BOA Resolution No. 1, Series 2020.” (this reflects Staff’s recommendation) Or, in the alternative: 2) “I move to approve BOA Resolution No. 1, Series 2020 and find that a hardship exists on the property.” ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B - BOA Resolution No. 1, Series 2020 Exhibit C – Application 8 Board of Adjustment Resolution No. 1, Series 2020 Page 1 of 3 RESOLUTION NO. 1 (SERIES OF 2020) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS M AND N, BLOCK 25, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 630 W HOPKINS AVENUE Parcel ID No: 273512448520 WHEREAS,the Community Development Department received an application for 630 W Hopkins Avenue, (the Application) from Wingstone Toy Company LLC. (Applicant), represented by Joseph Spears of S2 Architects, 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 6,000 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 5’ with a combined side yard minimum of 15’ Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’ WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – January 27, 2020, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on April 2, 2020; 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 April 2, 2020, the Board of Adjustment approved Resolution 1, Series of 2020, 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: 630 W Hopkins Avenue West Side Yard Setback: Two-inches (2”) for the construction of a roughly seven-foot (7’) tall retaining wall. 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. 9 Board of Adjustment Resolution No. 1, Series 2020 Page 2 of 3 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. The applicant shall provide a construction plan that demonstrates that the retaining wall can be constructed without impacting the neighboring property or provide a construction and maintenance agreement from the neighboring property. The property will also need to show where rain runoff is currently routed on the site and the proposed routing. No runoff can flow on the neighboring property above the historic rate. Section 3: 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 4: 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 5: 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 6: 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. 10 Board of Adjustment Resolution No. 1, Series 2020 Page 3 of 3 FINALLY,approved this 7th day of May, 2020. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk 11 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 has already been established with the single-family residence on the property. 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 parcel s 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 courtyard is a man-made condition that exists on the property. Staff finds this to be a mere inconvenience rather than an unnecessary hardship. Denial of the requested side yard setback variance for the construction of a roughly 7’ retaining wall 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 argues that the constraints are more than a mere inconvenience and constitute an unnecessary hardship. Staff finds this criterion not met. 12 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. 13 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. 14 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 15 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.___________flat fee for __________________. $.____________ flat fee for _____________________________ $.___________ flat fee for __________________. $._____________ flat fee for _____________________________ For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that addit ional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $________________ deposit for_____________ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: ________________________________ Jessica Garrow, AICP Community Development Director Signature: _________________________________________ PRINT Name: _______________________________________ Title: ______________________________________________City Use: Fees Due: $_______Received $_______ Case #___________________________ Please type or print in all caps Address of Property: ______________________________________________ Property Owner Name: __________________________ Representative Name (if different from Property Owner)_______________________ Billing Name and Address - Send Bills to: ___________________________________________________________________________________________________ Contact info for billing: e-mail: _______________________________________ Phone: __________________________ 16 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 ________ 17 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Project and Location ____________________________________________________________________ Applicant: ____________________________________________________________________________ Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________ Please fill out all relevant dimensions Single Family and Duplex Residential Existing Allowed Proposed 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between buildings Proposed % of demolition ______ Commercial Proposed Use(s)____________________ Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition ______ Existing non-conformities or encroachments: Variations requested: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Multi-family Residential Existing Allowed Proposed 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback 7) Side Setbacks Proposed % of demolition ______ Lodge Additional Use(s)____________________ Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition ______ Complete only if required by the PreApplication checklist 18 November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5.Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) 19 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. 20 1 • 21 2 • •       ½         22 Copyright 2006-2019 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 630 W HOPKINS AVE, ASPEN, CO 81611 1.Effective Date: 10/24/2019 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: WINGSTONE TOY COMPANY, L.L.C., A PENNSYLVANIA LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOTS M AND N, BOCK 25, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q64002805 23 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q64002805 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.RELEASE OF DEED OF TRUST DATED FEBRUARY 25, 2019 FROM WINGSTONE TOY COMPANY, L.L.C., A PENNSYLVANIA LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF JPMORGAN CHASE BANK, N.A. TO SECURE THE SUM OF $2,500,000.00 RECORDED FEBRUARY 27, 2019, UNDER RECEPTION NO. 654211. 3.CERTIFICATE OF GOOD STANDING OF WINGSTONE TOY COMPANY, L.L.C., A PENNSYLVANIA LIMITED LIABILITY COMPANY, ISSUED BY THE SECRETARY OF STATE OF PENNSYLVANIA. 4.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF WINGSTONE TOY COMPANY, L.L.C., A PENNSYLVANIA LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5.WARRANTY DEED FROM WINGSTONE TOY COMPANY, L.L.C., A PENNSYLVANIA LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 24 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.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. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED OCTOBER 11, 1887 IN BOOK 59 AT PAGE 29, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN CERTIFICATE OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED FEBRUARY 28, 1978 IN BOOK 344 AT PAGE 20. 10.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON IMPROVEMENT SURVEY PLAT RECORDED JANUARY 14, 2008 IN BOOK 86 AT PAGE 31. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q64002805 25 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. 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: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) 26 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 27 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.28 Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation 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, Old Republic National Title Insurance Company, a Minnesota 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 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 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, Comitment 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: 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 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. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “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. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “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. (f) “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. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) 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. (b) 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. (c) 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. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 29 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 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. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. 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 counter-signature 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. 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. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) 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. (c) 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f) 30 Statement of Authority 1.This Statement of Authority relates to an entity named “Wingstone Toy Company, LLC” 2.Type of entity is a Limited Liability Corporation 3.Entity was formed in the state of California 4.Entry Address is 4572 Telephone Road #912 Ventura, CA 93993 5.The name of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is (Printed Name) 6. The authority of the foregoing person(s) to bind the entity is not limited 7.This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38- 30-172, C.R.S.3 (Signature of person authorized to execute) Date: 31 Authorized Agent Letter Project: 630 W. Hopkins Aspen, Co 81611 Date: 1/24/20 (Owner – Wingstone Toy Company, LLC), who own the property known as 630 Hopkins, Aspen, Colorado 81611, gives authorization for S2 Architects, whose address is 215 N. Monarch Suite G-102, Aspen Colorado 81611, to act as their representative through the process of applying for Building Permits. (Owner as stated in the Statement of Authority) Date: S2 Architects Date: 215 S. Monarch Suite G-102 Aspen, Colorado 81611 Phone: 970.544.4856 Email: joseph@s2architects.com 32 COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM CITY OF ASPEN 130 S. GALENA ST | ASPEN, CO 81611 ůůĂƉƉůŝĐĂƟŽŶƐĨŽƌĂďƵŝůĚŝŶŐƉĞƌŵŝƚǁŝƚŚŝŶƚŚĞŝƚǇŽĨƐƉĞŶĂƌĞƌĞƋƵŝƌĞĚƚŽŝŶĐůƵĚĞĂĐĞƌƟĮĐĂƟŽŶŽĨĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĐŽǀĞŶĂŶƚƐĂŶĚŚŽŵĞŽǁŶĞƌĂƐƐŽĐŝĂƟŽŶƉŽůŝĐŝĞƐ͘dŚĞĐĞƌƟĮĐĂƟŽŶŵƵƐƚďĞƐŝŐŶĞĚďǇƚŚĞƉƌŽƉĞƌƚǇŽǁŶĞƌŽƌĂƩŽƌŶĞǇƌĞƉƌĞƐĞŶƟŶŐƚŚĞƉƌŽƉĞƌƚǇŽǁŶĞƌ͘dŚĞĨŽůůŽǁŝŶŐĐĞƌƟĮĐĂƟŽŶƐŚĂůůĂĐĐŽŵƉĂŶǇƚŚĞĂƉƉůŝĐĂƟŽŶĨŽƌĂƉĞƌŵŝƚ͘ ___________________________________ _________ ___________________________ /͕ƚŚĞƉƌŽƉĞƌƚǇŽǁŶĞƌ͕ĐĞƌƟĨǇĂƐĨŽůůŽǁƐ͗;ƉŝĐŬŽŶĞͿ dŚŝƐƉƌŽƉĞƌƚǇŝƐŶŽƚƐƵďũĞĐƚƚŽĂŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƟŽŶŽƌŽƚŚĞƌĨŽƌŵŽĨƉƌŝǀĂƚĞĐŽǀĞŶĂŶƚ͘ dŚŝƐƉƌŽƉĞƌƚǇŝƐƐƵďũĞĐƚƚŽĂŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƟŽŶŽƌƉƌŝǀĂƚĞĐŽǀĞŶĂŶƚĂŶĚƚŚĞŝŵƉƌŽǀĞŵĞŶƚƐƉƌŽƉŽƐĞĚŝŶƚŚŝƐďƵŝůĚŝŶŐƉĞƌŵŝƚĚŽŶŽƚƌĞƋƵŝƌĞĂƉƉƌŽǀĂůďǇƚŚĞŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƟŽŶŽƌĐŽǀĞŶĂŶƚďĞŶĞĮĐŝĂƌǇ͘ dŚŝƐƉƌŽƉĞƌƚǇŝƐƐƵďũĞĐƚƚŽĂŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƟŽŶŽƌƉƌŝǀĂƚĞĐŽǀĞŶĂŶƚĂŶĚƚŚĞŝŵƉƌŽǀĞŵĞŶƚƐƉƌŽƉŽƐĞĚŝŶƚŚŝƐďƵŝůĚŝŶŐƉĞƌŵŝƚŚĂǀĞďĞĞŶĂƉƉƌŽǀĞĚďǇƚŚĞŚŽŵĞŽǁŶĞƌƐĂƐƐŽĐŝĂƟŽŶŽƌĐŽǀĞŶĂŶƚďĞŶĞĮĐŝĂƌǇ͘ /ƵŶĚĞƌƐƚĂŶĚƚŚĞŝƚǇŽĨƐƉĞŶĚŽĞƐŶŽƚŝŶƚĞƌƉƌĞƚ͕ĞŶĨŽƌĐĞ͕ŽƌŵĂŶĂŐĞƚŚĞĂƉƉůŝĐĂďŝůŝƚǇ͕ŵĞĂŶŝŶŐ͕ŽƌĞīĞĐƚŽĨƉƌŝǀĂƚĞĐŽǀĞŶĂŶƚƐŽƌŚŽŵĞŽǁŶĞƌĂƐƐŽĐŝĂƟŽŶƌƵůĞƐŽƌďǇůĂǁƐ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚƚŚŝƐĚŽĐƵŵĞŶƚŝƐĂƉƵďůŝĐĚŽĐƵŵĞŶƚ͘ KǁŶĞƌ^ŝŐŶĂƚƵƌĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĂƚĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ KǁŶĞƌWƌŝŶƚĞĚEĂŵĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ OR KǁŶĞƌ͛ƐƩŽƌŶĞǇ^ŝŐŶĂƚƵƌĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĂƚĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ KǁŶĞƌ͛ƐƩŽƌŶĞǇWƌŝŶƚĞĚEĂŵĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ADDRESS UNIT #PARCEL ID # Z^^͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ WZD/dEhDZ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ January 2018 630 W. Hopkins 630 W. Hopkins 273512448520 33 Variance on Retaining Wall in Setback – Written Description 630 W. Hopkins – Remodel Project is requesting a variance to construct a retaining wall in the setback. Background: The project currently has a large light well between 630 W. Hopkins and 634 W. Hopkins from when the houses were originally built. This light well spans across the property line and takes up the entire side yard. The current light well does not conform to the zoning setback codes. The code states that light wells in the setback are to be the minimum size for egress. This light well is much larger than the minimum for egress. The current light well is also greater than 100 sq. ft. Based on the current zoning code this requires that you take the building height from the bottom of the light well. In this case the building is over the height limit. 215 S. Monarch Suite G-102 Aspen, Colorado 81611 Phone: 970.544.4856 Email: joseph@s2architects.com 34 35 Proposed Design and Variance Criteria: 1. The proposed design attempts to meet the goals of the current zoning code by filling in the large light well and instead proposing smaller egress light wells from each bedroom. This is to be consistent with the goals and objectives of the Municipal Code. 2. The proposed design is asking for the minimum in order to bring the side yard light well into conformance. We are requesting a minimal concrete retaining wall to retain the earth on the property line. The neighbors at 634 W. Hopkins do not wish to submit for a building permit at this time and fill in their portion of the side yard light well. Those owners will likely do this at a later date. 3. There is a special circumstance that is unique to the property and to bring the property back within the zoning codes we must construct a concrete retaining wall within the setback. This retaining wall will only extend above grade at a minimum, likely 6” and will not be seen from the street or alley. 36 Vicinity Map Project: 630 W. Hopkins Aspen, Co 81611 Date: 1-24-20 630 W. Hopkins Aspen, Co 81611 Parcel #273512448520 215 S. Monarch Suite G-102 Aspen, Colorado 81611 Phone: 970.544.4856 Email: joseph@s2architects.com 37 GGGGGGGGGGGEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UETTTTTTTTTCTVCTVCTVCTVCTVCTVCTVCTVWWWWWWWWW W W W W W 32.70'3.40'12.50'19.20'9.60'13.70'5.60'23.30'23.20'5.50'18.00'54.10' N 14° 5 0 ' 4 9 " E 1 0 0 . 0 0 'S 75°09'11" E 60.00'S 14°5 0 ' 4 9 " W 1 0 0 . 0 0 'N 75°09'11" W 60.00'6.9'6.8'19.7'8'20.6' LOT M , B L O C K 2 5 LOT N , B L O C K 2 5 LOT LLOT OBLOCK 25 ALLEY21.01' R-O-WGRAVELHOPKINS AVENUE75.00' R-O-WASPHALTX XXX X X X X X X XX X#5 REBAR & REDPLASTIC CAP L.S.#9018TBM EL=7933.88'BASIS OF BEARINGS#5 REBAR & REDPLASTIC CAP L.S.#9018#5 REBAR & YELLOWPLASTIC CAP L.S.#19598BEARS S84°13'03"W 0.68'P.K. NAIL FOUNDBEARS S45°59'58"E 1.95'CATVVAULTTELE.PED.ELECTRICGASLINETELEPHONECATVGASL I N E FENC E FENC EFENCEFLOWLINE DITCHTIE BORDERGRAVELPARKINGGRAVELPARKINGTIE BORDERWOODBRIDGET1T2T3T4T5T6T7T8T9T10T11T12T13T14T15T16T17T18F.F.7935.21'F.F.7933.37'RIDGE7962.7'F.F.7935.16'CHIMNEY7961.5'CHIMNEY7961.3'F.F.7927.61'CHIMNEY7961.3'CHIMNEY7961.5'GATEFENCEFENCEWOODDECKLOWERLEVELWOODDECKUPPER LEVEL DECKSPAWATERLINE LOWE R L E V E L COUR T Y A R D GRAV E L TIE RET. WALL STEPSCOVEREDWOOD DECKCOLUMN(TYP.)COLUMN(TYP.)WOOD DECKWOO D W A L K LOTS M & N, BLOCK 256,000S.F.±TWO STORY WOODFRAME HOUSEWITH BASEMENT630 W. HOPKINS AVENUE30.00'#5 REBAR & CAPL.S. #37935 SETASPHALTPARKINGASPHALTPARKINGEGLOWERLEVELWOODDECKT19RAILRAIL793479347934 79337934 7933 79327933793379 3 4 7934 7935793479337932793479337932ELEC.METERWINDOWWELLSTEP S GASMETERASPHALTELEC.TRANS.LOT LLOT K5'10'5'10' R-6 B U I L D I N G S E T B A C K R-6 B U I L D I N G S E T B A C K R-6 BUILDING SETBACKC.O.A. GPSMONUMENT #7S84°44'31"W106.73'S37°43'28"E2655.32'C.O.A. GPSMONUMENT #3WWATERMANHOLENOTICE: 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 2007190801 OF 1WINGSTONE TOY COMPANY, LLC.CITY OF ASPEN, COLORADOIMPROVEMENT & TOPO SURVEYLOTS M&N, BLOCK 25, CITY OF ASPEN630 W. HOPKINS AVE.JRNJRNDEC. 02, 2019080.DWGIMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYLOTS M AND N, BLOCK 25, ORIGINAL TOWNSITE OF ASPENCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONLOTS M AND N, BLOCK 25, ORIGINAL TOWNSITE OF ASPEN, CITY OF ASPEN, COUNTY OFPITKIN, STATE OF COLORADO.NOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN INTHE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO.Q64002805, DATED EFFECTIVE OCTOBER 24, 2019.2) THE DATE OF THIS SURVEY WAS NOVEMBER 04 & 14, 2019.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S75°09'11"E BETWEEN THESOUTHWESTERLY CORNER OF LOT K, BLOCK 25, A #5 REBAR & RED PLASTIC CAP L.S. #9018FOUND IN PLACE AND THE SOUTHWESTERLY CORNER OF LOT M, BLOCK 25, A #5 REBAR & REDPLASTIC CAP L.S. #9018 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE CITY AND TOWNSITE PLAT OF ASPEN PLAT AND ANIMPROVEMENT SURVEY PREPARED BY HIGH COUNTRY ENGINEERING RECORDED JANUARY 14,2008 IN PLAT BOOK 86 AT PAGE 31 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE ANDCORNERS FOUND IN PLACE.6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADORTVRN GPS NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7933.88' ONTHE SOUTHWESTERLY CORNER OF LOT M, BLOCK 25 AS SHOWN. CONTOUR INTERVAL EQUALS 1FOOT.7) THERE WAS APPROXIMATELY 5" OF SNOW AND ICE ON THE GROUND AT THE TIME OFSURVEY.8) ACCORDING TO THE CITY OF ASPEN COMMUNITY DEVELOPMENT WEBSITE THE SUBJECTPROPERTY IS ZONED R-6. FRONT SETBACKS ARE 10' FOR THE PRINCIPAL BUILDING AND 15' FORAN ACCESSORY BUILDING, REAR SETBACKS ARE 10' FOR THE PRINCIPAL BUILDING AND 5' FORAN ACCESSORY BUILDING AND SIDE SETBACKS ARE 5'.NESW0306090120150180210240270300330P e a k Surveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO WINGSTONE TOY COMPANY, LLC., A PENNSYLVANIALIMITED LIABILITY COMPANY, THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSEDUNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT ISTRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF ASLAID OUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT A GUARANTYOR WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT THIS IMPROVEMENT SURVEY PLAT WASMADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME ORUNDER MY DIRECT SUPERVISION ON NOVEMBER 04 & 14, 2019; THAT, IN THE PREPARATION OFTHIS IMPROVEMENT SURVEY PLAT, I RELIED UPON THE TITLE COMMITMENT PREPARED BYLAND TITLE GUARANTEE COMPANY, ORDER NO. Q64002805, DATED EFFECTIVE OCTOBER 24, 2019;THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS,RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THE REALPROPERTY AND MATTERS REFERENCED IN SAID TITLE COMMITMENT CAPABLE OF BEINGSHOWN ARE ACCURATELY SHOWN, AND THAT THIS PLAT IS IN ACCORDANCE OF ANIMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S. §38-51-102(9). ERROR OF CLOSURE FORTHIS SURVEY IS LESS THAN 1:15,000. DATED: DECEMBER 02, 2019 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.COL O R A DO LICENSEDPROFESSIONAL LAND S U RVEYO R JAS O N R. NEIL3793538 1B23456CDEFGA3.11A3.12A3.21A3.22AEXISTING LIGHT WELL AT 634 W. HOPKINS TO REMAINEXISTING 8"CONCRETE RETAINING WALL TO REMAINEXISTING TIMBER RETAINING WALL TO REMAINEXISTING SPADRAWING DATE: 215 S. MONARCH SUITE G-102ASPEN, COLORADO 81611p I 970.544.4856 f I 970.544.4856ISSUE DATEISSUE NAMENOT FOR CONSTRUCTIONA1.1ROOF LEVEL SITEPLAN - EXISTING1/24/20630 REMODEL630 W.HOPKINS3/16" = 1'-0"ROOF LEVEL SITE PLAN - EXISTING139 1B23456CDEFGAA3.32A3.41A3.31A3.427" / 12"7" / 12"7" / 12"7" / 12"7" / 12"PROPOSED SPAPROPOSED SOIL INFILL AT LIGHT WELLEXISTING LIGHT WELL AT 634 W. HOPKINS TO REMAIN2"8"6' - 2 1/4"8" CONCRETE RETAINING WALL6' WOOD PROPERTY FENCE & GUARD RAILING6' WOOD PROPERTY FENCE & GUARD RAILINGPROPERTY LINEEXISTING 8"CONCRETE RETAINING WALL TO REMAINEXISTING TIMBER RETAINING WALL TO REMAINNEW PROPOSEDLIGHT WELLS FOR EACH BEDROOM MIN SIZE W/EGRESS LADDER6' - 6 1/4"NEW PROPOSEDPROPERTY FENCE WITHIN PROPERTYINFILL DECK TO LEVEL W/MAIN FLOOREXISTING ASPHALT PARKING AREADRAWING DATE: 215 S. MONARCH SUITE G-102ASPEN, COLORADO 81611p I 970.544.4856 f I 970.544.4856ISSUE DATEISSUE NAMENOT FOR CONSTRUCTIONA1.2ROOF LEVEL SITEPLAN - PROPOSED12/12/19SKI HAUS REMODEL630 W.HOPKINS3/16" = 1'-0"ROOF LEVEL SITE PLAN - PROPOSED140 MAIN LEVEL100' -0 3/4"SECOND LEVEL109' -0 3/4"ROOF118' -11 3/4"123456GARAGE LEVEL98' -2 3/4"EQEQEQ23' - 8 1/2"MAIN LEVEL100' -0 3/4"SECOND LEVEL109' -0 3/4"LOWER LEVEL 191' -0 3/4"ROOF118' -11 3/4"BCDEFG3' - 0"A4' - 0"EQEQEQHEIGHT OVER TOPOGRAPHY29' - 5 1/2"GARAGE LEVEL98' -2 3/4"1/3 - POINT OF GABLEEXISTING OPEN LIGHT WELLDRAWING DATE: 215 S. MONARCH SUITE G-102ASPEN, COLORADO 81611p I 970.544.4856 f I 970.544.4856ISSUE DATEISSUE NAMENOT FOR CONSTRUCTIONA3.2EXTERIORELEVATIONS -EXISTING/DEMO1/24/20630 REMODEL630 W.HOPKINS1/4" = 1'-0"NORTH ELEVATION - EXISTING11/4" = 1'-0"WEST ELEVATION - EXISTING241 MAIN LEVEL100' -0 3/4"SECOND LEVEL109' -0 3/4"ROOF118' -11 3/4"123456GARAGE LEVEL98' -2 3/4"MAIN LEVEL100' -0 3/4"SECOND LEVEL109' -0 3/4"LOWER LEVEL 191' -0 3/4"ROOF118' -11 3/4"BCDEFGAEQEQEQHEIGHT OVER TOPOGRAPHY22' - 6 1/2"GARAGE LEVEL98' -2 3/4"1/3 -POINT OF GABLENEW PROPOSEDFRONT YARD FENCE3' - 6"6' - 0"6' - 0"NEW PROPOSED6' SIDE YARD FENCENEW PROPOSED6' SIDE YARD FENCEPROPOSED SOIL INFILL AT LIGHT WELLDRAWING DATE: 215 S. MONARCH SUITE G-102ASPEN, COLORADO 81611p I 970.544.4856 f I 970.544.4856ISSUE DATEISSUE NAMENOT FOR CONSTRUCTIONA3.4EXTERIORELEVATIONS -PROPOSED12/12/19SKI HAUS REMODEL630 W.HOPKINS1/4" = 1'-0"NORTH ELEVATION - PROPOSED11/4" = 1'-0"WEST ELEVATION - PROPOSED242 Page 1 of 4 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Kevin Rayes, Planner Sophie Varga, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 616 W. Main Street, Dimensional Variance Review Resolution No. 02, Series of 2020 MEETING DATE: May 7, 2020 APPLICANT: 616 W Main St LLC REPRESENTATIVE: Chris Bendon, BendonAdams LOCATION: 616 W. Main Street, Unit A CURRENT ZONING AND USE: Historic Landmark Site within the Mixed Use (MU) Zone District; • Unit A (Front): Commercial Use (Subject Property) • Unit B (Rear) Free-Market Residential Unit Lot Size: 3,000 Square Feet (0.069 acres) SUMMARY OF REQUEST: The applicant requests a variance from the minimum net lot size requirements of the MU zone district to convert Unit A from a commercial space to a free-market single-family dwelling- creating two free-market single family residences on a lot of 3,000 sq. ft. Historic landmark properties within the MU zone district require a minimum net lot area of 6,000 sq. ft. to accommodate two free-market dwelling units (3,000 sq. ft. per dwelling unit). STAFF RECOMMENDATION: Staff does not support a variance on this property and recommends denial of the request. Figure 1: Site Vicinity Figure 2: 616 W. Main- Front View 616 W. Main St. 43 Page 2 of 4 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 net lot size per dwelling unit requirement of the MU zone from 3,000 sq. ft. to 1,500 sq. ft. (The Board of Adjustment is the final review authority). Please note that the application also addresses the topics of Growth Management and Parking. These reviews are not within the purview of the Board of Adjustment and will be addressed entirely by the Historic Preservation Commission at a later date. BACKGROUND AND EXISTING CONDITIONS: 616 W. Main is a 3,000 sq. ft. historic designated property located in the Mixed Use (MU) zone district. The parcel is an original townsite and is improved with two structures, each under separate ownership. Unit A is located at the front of the lot and Unit B at the rear (See Figure 3). Unit A is approved for commercial use and Unit B is approved as a free-market residence. Pursuant to Land Use Code Section 26.710.180, Mixed Use, the minimum net lot area per dwelling unit for a historic landmark property within the MU zone district is 3,000 sq. ft.; a historic property improved with two detached single-family residences requires a net lot area of 6,000 sq. ft. The MU zone district does not prescribe a minimum net lot area for commercial uses. It has come to staff’s attention that the owner of Unit A has been using it as a residence, renting it on a short-term basis (Exhibit C). This is an illegal use of the building. The owner wishes to legally use the building as a residence, creating two free-market single-family dwellings on the lot. The applicant requests a 3,000 sq. ft. variance from the minimum net lot size requirements of the MU zone district to allow two single-family dwellings on the lot. The applicant believes that because Unit A functioned as a single-family dwelling at one time, converting it back to a residential use complies with the requirements of the MU zone district. 616 W. Main, Unit A Approved for commercial use (Subject Property) 616 ½ W. Main, Unit B Approved as a single-family dwelling (Under Separate Ownership) Figure 3: Existing Site Configuration 44 Page 3 of 4 REVIEWS VARIANCE FROM THE MINIMUM NET LOT AREA PER DWELLING UNIT: 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 The City of Aspen has sought to maintain a strong inventory of commercial spaces, which for years have been under pressure of conversion to free-market residential due to market demands. A goal of the Aspen Area Community Plan is to “encourage a commercial mix that is balanced, diverse, vital and meets the needs of year- round residents and visitors.” In 2005, the Office zone district was re-written to be the Mixed-Use zone district to help achieve this community goal. The MU zone district allows a larger floor area for commercial uses compared to residential spaces and does not prescribe a minimum net lot area for commercial use. This code revision included the imposition of a 20 percent floor area reduction on new free-market residential space as a disincentive for development to continue to trend in that direction. During the Council hearing when the MU zone district was adopted, “Bendon noted this area is typically locally serving commercial. This code amendment [creating the MU zone district] discourages new single-family and duplex.” Staff believes that the minimum net lot area prescribed for residential uses does not create a development hardship that is unique to this parcel. In three of the largest zone districts, R-6, RMF and MU, the minimum lot area per free-market single-family residence is 6,000 square feet. A duplex or two-detached homes may be allowed with a minimum net lot area per dwelling unit of 4,500 square feet. Only historic landmarks have been allowed a duplex or two free-market homes with a minimum of 3,000 square feet per unit as a long-standing historic preservation benefit. The applicant is requesting two free-market homes with a minimum of 1,500 square feet per unit, which is unprecedented. This 3,000 square foot lot is not unique. In fact, within the Main Street Historic District where this parcel sits, 12 of the 63 parcels are 3,000 square foot lots, and within the remainder of the Mixed-Use zone district, 2 additional parcels are 3,000 square feet. Within the adjacent R-6 zone district, 23 lots are 3,000 square feet and within the RMF zone district, 14 lots are 3,000 square feet. If a reduced density per dwelling unit is appropriate, it should be considered as a code amendment applicable to other comparable properties and not just a variation granted to this site. It is worth noting that in 2019, City Council approved substantial amendments to the historic preservation program, revoking numerous benefits. The concept of increasing free-market density on landmarked properties was not raised as a goal or pursued in any manner. The subject parcel was developed in the late 1800s as a single-family home. In the 1990s, an outbuilding on the site was converted to a deed restricted ADU. ADUs are not counted as units of density, therefore this was an allowed use. In 2004, a Change in Use approval was granted to convert the front structure to commercial use. The outbuilding remained an ADU for some time, then converted to free-market residential, which was permissible because the ADU was voluntarily created and one free-market home was allowed on the site. With the front building in commercial use, the rear building took the allotment for one free-market unit on the site. For years the subject property functioned with a commercial space in the front (Unit A) and a residential use in the rear (Unit B). While maintaining Unit A as a commercial space may not align with the desires of the owner, reasonable use of the property is still possible. The application indicates that the current or previous property owner could have made an application for a simple Change in Use at some point in the past to convert the front unit to free-market residential but merely failed to do so. This is incorrect as the property has never allowed for two free-market residential units on this lot size. In addition, adding free-market development triggers the need for board level review, rather than administrative review, of parking and affordable housing mitigation. 45 Page 4 of 4 Staff believes that requiring Unit A to remain a commercial space would not deprive the applicant of the rights commonly enjoyed by other parcels in the same zone district. The adjacent properties, both historically designated, comply with the underlying dimensional requirements of the MU zone district. To the East, 612 W. Main St. is improved with a single-family dwelling on a 6,000 square foot lot. The dwelling complies with the net lot area and other dimensional requirements of the zone district. To the West, 630 W. Main St. contains a city- owned building consisting of administrative offices on a 3,000 square foot lot. All improvements comply with the net lot area and other dimensional requirements of the zone district. RECOMMENDATION: Staff recommends the Board of Adjustment deny a variance from the minimum net lot area requirements of the MU zone district to convert Unit A to a residential use. The criteria require that reasonable use of the parcel be achieved by granting a variance or that a unique, site-specific condition warrants a variance. Although the owner wishes to convert Unit A to a residential use, the net lot area of the parcel is too small to accommodate two single-family dwellings. The underlying zoning of the MU zone district was put in place to incentivize commercial spaces and to discourage additional residential dwellings; it is common for properties in this zone district to comply with underlying zoning to achieve this desired community goal. PROPOSED MOTION: Staff recommends denial of the request. Two motions are proposed, both of which are written in the affirmative. The first approves the resolution while the second denies the resolution. Motion 1: “I move to approve Resolution No. 02, Series 2020, approving a variance from the minimum net lot size requirements of the MU zone district to convert Unit A from a commercial space to a single-family dwelling.” If the Board determines that the criteria are not met for a Variance, the following motion may be used: Motion 2: “I move to approve Resolution No. 02, Series 2020 denying a variance from the minimum net lot size requirements of the MU zone district to convert Unit A from a commercial space to a single-family dwelling.” ATTACHMENTS: Exhibit A – Staff Findings & Review Criteria Exhibit B – Application Exhibit C – Vacation Rental Letter Exhibit D – Public Notice Affidavit 46 Board of Adjustment Resolution No. 02, Series 2020 Page 1 of 4 RESOLUTION NO. 02 (SERIES OF 2020) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS UNIT A, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 616 WEST MAIN STREET, #A, ASPEN, CO 81611 Parcel ID No:2735-124-44-009 WHEREAS,the Community Development Department received an application for 616 West Main Street, (the Application) from 616 W Main St LLC (Applicant), represented by Chris Bendon, Bendon Adams, for the following land use review approvals: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS,the subject property is a historic landmark, zoned Mixed Use (MU) and is improved with two structures- Unit A at the front and Unit B at the rear; and, WHEREAS,to accommodate two single-family dwellings on a landmark property within the MU zone district, a minimum net lot area of 6,000 sq. ft. is required (3,000 sq. ft. per dwelling); and, WHEREAS,the MU zone district does not prescribe a minimum net lot area for commercial uses; and, WHEREAS,Unit A is approved for commercial use and Unit B is approved as a residential dwelling, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – February 21, 2020, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on May 7, 2020; and, WHEREAS,during a duly noticed public hearing on May 7, 2020, the Board of Adjustment approved Resolution 02, Series of 2020, by a _____ to _____ vote, granting approval for Dimensional Variance Review, as identified herein. 47 Board of Adjustment Resolution No. 02, Series 2020 Page 2 of 4 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 approves a dimensional variance to convert Unit A from a commercial use to a residential dwelling- creating two single-family dwellings on a 3,000 sq. ft. lot. Section 2: 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 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 permitor an extension is granted. The subject variance is not a Site-SpecificDevelopment Plan (SSDP), is not vested, and will not receive a Development Order. Section 5: 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. 48 Board of Adjustment Resolution No. 02, Series 2020 Page 3 of 4 FINALLY,approved this 7 th Day of May 2020. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk 49 Board of Adjustment Resolution No. 02, Series 2020 Page 4 of 4 Exhibit A- Approved Floor Plan 50 Board of Adjustment Resolution No. 02, Series 2020 Page 1 of 3 RESOLUTION NO. 02 (SERIES OF 2020) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT DENYING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS UNIT A, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 616 WEST MAIN STREET, #A, ASPEN, CO 81611 Parcel ID No: 2735-124-44-009 WHEREAS,the Community Development Department received an application for 616 West Main Street, (the Application) from 616 W Main St LLC (Applicant), represented by Chris Bendon, Bendon Adams, for the following land use review approvals: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS,the subject property is a historic landmark, zoned Mixed Use (MU) and is improved with two structures- Unit A at the front and Unit B at the rear; and, WHEREAS,to accommodate two single-family dwellings on a landmark property within the MU zone district, a minimum net lot area of 6,000 sq. ft. is required (3,000 sq. ft. per dwelling); and, WHEREAS,the MU zone district does not prescribe a minimum net lot area for commercial uses; and, WHEREAS,Unit A is approved for commercial use and Unit B is approved as a residential dwelling, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – February 21, 2020, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on May 7, 2020; and, WHEREAS,during a duly noticed public hearing on May 7, 2020, the Board of Adjustment approved Resolution 02, Series of 2020, by a _____ to _____ vote, denying a Dimensional Variance Review, as identified herein. 51 Board of Adjustment Resolution No. 02, Series 2020 Page 2 of 3 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 denies a dimensional variance to convert Unit A from a commercial use to a residential dwelling. Unit A will remain a commercial use. Section 2: 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 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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. 52 Board of Adjustment Resolution No. 02, Series 2020 Page 3 of 3 FINALLY,approved this 7th Day of May 2020. Approved as to form: Approved as to content: ________________________________________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk 53 Exhibit A –Variance Review Criteria Chapter 26.314, Variance In order to authorize a variance from the dimensional requirements of Title 26, the Board of Adjustment 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: Staff Findings:The purpose of the City’s land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations of property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. In three of the largest zone districts, R-6, RMF and MU, the minimum lot area per free- market single-family residence is 6,000 sq. ft. A duplex or two-detached homes may be allowed with a minimum net lot area of 4,500 sq. ft. per dwelling unit. Only historic landmarks have been allowed a duplex or two free-market homes with a minimum of 3,000 sq. ft. per unit as a long-standing historic preservation benefit. The applicant is requesting two free-market homes with a minimum of 1,500 sq. ft. per unit, which is unprecedented. For context, the Main Street Historic District where this parcel sits, 12 of the 63 parcels are 3,000 sq. ft. lots. Staff finds this criterion not met. 2. The grant of a variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure: Staff Findings:Staff finds that granting a variance is not necessary to achieve reasonable use of the parcel. Unit A functioned as a commercial space for at least six years (2004-2009). Although the owner wishes to convert Unit A to a residential use, the net lot area of the parcel is too small to accommodate two single-family dwellings. The underlying zoning of the MU zone district was put in place to incentivize commercial spaces and to discourage additional residential dwellings; it is common for properties in this zone district to comply with underlying zoning to achieve this desired community goal. Staff finds thiscriterionnot met. 54 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:The subject parcel is 3,000 sq. ft. and complies with the minimum gross lot area of the MU zone district. This parcel is an originalAspen townsite, developed in the late 1800s as a single-family home. In the 1990s, an outbuilding on the site was converted to a deed restricted ADU. ADUs are not counted as units of density, therefore this was an allowed use. In 2004, a Change in Use approval was granted to convert the front structure to commercial use. The outbuilding remained an ADU for some time, then converted to free-market residential, which was permissible because the ADU was voluntarily created and one free-market home was allowed on the site. With the front building in commercial use, the rear building took the allotment for one free-market unit on the site. For years the subject property functioned with a commercial space in the front (Unit A) and a residential use in the rear (Unit B). While maintaining Unit A as a commercial space may not align with the desires of the owner, reasonable use of the property is still possible. Staff believes that requiring Unit A to remain a commercial space would not deprive the applicant of the rights commonly enjoyed by other parcels in the same zone district. The adjacent properties, both historically designated, comply with the underlying dimensional requirements of the MU zone district. To the East, 612 W. Main St. is improved with a single-family dwelling on a 6,000 sq. ft. lot. The dwelling complies with the net lot area and other dimensional requirements of the zone district. To the West, 630 W. Main St. contains a city-owned building consisting of administrative offices on a 3,000 sq. ft. lot. All improvements comply with the net lot area and other dimensional requirements of the 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: While some neighboring properties can accommodate two single-family dwellings due to a larger lot size, many parcels within the zone district are 3,000 sq. ft. and subject to the same conditions and dimensional requirements that encumber 616 W. Main. Staff finds this criterion not met. 55 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM January 29, 2020 Ms. Jennifer Phelan, AICP Deputy Planning Director City of Aspen 130 So. Galena St. Aspen, CO 81611 RE: 616 West Main Street  Variance for Minimum Lot Size  Change-in-Use to Residential  Special Review for Parking Waiver Ms. Phelan: Please accept this application for a variance to the minimum lot size requirements to enable two single-family residences on a lot of 3,000 square feet; a change-in-use of the property from commercial to residential; and, special review for a parking waiver. This property in an anomaly in the Mixed Use (MU) Zone District with its small, 3,000sf size and historic use as a residence. The applicant is seeking an “official” return to residential use after being used as a residence since 1891. As provided in the attached pre-application conference summary, the application requests review by the Board of Adjustment regarding the variance for minimum lot size and a subsequent review by the Historic Preservation Commission regarding the change-in-use request and a special review request to waive the parking requirement. The application is submitted on behalf of the owner of Unit A – 616 W Main St LLC, managed by Jordan Nemirow. BendonAdams is authorized by 616 to submit this application. The 616 property has long been used as a residence. Other than a brief time as a frame shop, 616 has been used continuously as a home. The property was converted back to a residence after the frame shop use ceased in approximately 2008. Although the Land Use Code at the time allowed for a simple administrative change-in-use with no housing 56 616 W. Main St. Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM mitigation required, the official paperwork was never filed with the City. The property was sold to the current owner as a residence and all materials surrounding the sale spoke to the property being residential. The applicant used this property as his personal residence and raised his first daughter in the home. The property continues in its residential use supporting both long- and short-term occupancies. The property is part of the Original Townsite and has a right to develop by virtue of being a legally-establish lot of record prior to the inception of subdivision and growth management legislation. The reversion to residential should represent a net decrease in employee generation. Generation rates stated in the City of Aspen Land Use Code for commercial development state 3.6 FTEs generated per 1,000sf while residential development generates only .16 FTEs per 1,000sf. So, converting the structure back to residential represents a net decrease in impact according to the City’s analysis. To the extent impact mitigation must be provided, the applicant requests the mitigation be roughly proportional to the measurable impact. Property The property was originally platted as Lot N, Block 24, City and Townsite of Aspen. The property has been condominiumized and is officially known as 616 West Main Condominiums. Two structures on the property exist. Unit A, the 616 building is along the “front” of the property, along Main Street, and the subject of this application. Unit B, 616½ West Main is located along the alleyway and is used as a residence Zoning According to the City of Aspen Zone District Map, the property is zoned Mixed Use (MU). The MU Zone allows for single-family and duplex development. The MU Zone specifically allows for “two detached single- family residences,” which is the outcome sought by this application. 57 616 W. Main St. Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The property has long been used as a residence and disallowing and discontinuing this use represents a significant hardship upon the owner. The map to the right shows the property’s zoning. Literal enforcement of the MU Zone’s minimum lot size eliminates any potential for this property to be used as a residence – its historic and ongoing use. The home is modest in size and “fits” with the character of West Main Street. The proposed use is an allowed use and is the minimum necessary to make for reasonable use of the property as a residence and to avoid a hardship on the owner. We believe the Board of Adjustment’s approval of the minimum lot size 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 is defensible from a standard-of- review standpoint and would be a responsible action of the Board. The change-in-use and special review requests are within the Historic Preservation Commission’s purview and this application is responsive to the standards of review. Allowing this home to revert back to its historic use and historic parking pattern would be in keeping with the character of Main Street. We look forward to your review and an opportunity to discuss this request with the Board of Adjustment and the Historic Preservation Commission. Please let us know if we can provide additional information or if we can respond to your input in any way. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Response to Review Criteria 2. Application Form 3. Authorization to Represent 4. Statement of Authority 5. Proof of Ownership 6. Agreement to Pay 7. HOA Form 8. Pre-Application Summary 9. Vicinity Map 10. Site Improvement Survey 11. Net Livable Report 58 Exhibit 1 Review Criteria page 1 Section 26.314.040.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. Response – 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.” The 616 property is an historically designated property originally developed as a residence and has been used as a residence throughout the majority of its existence. The property was used as a commercial frame shop for a limited time starting in 2004. The structure was then converted back to a residence in approximately 2008. Although the process to revert back to a residence was administrative at the time with no mitigation requirements, no such official request was made. The property was purchased by the current owner as a residence. That was the use at the time of purchase and as represented by the seller. The building has been used as a residence by this owner since 2014. The “purpose” of the Mixed-Use Zone District recognizes the historic residential use of properties along Main Street. Below is the Purpose statement for the MU Zone District. 59 Exhibit 1 Review Criteria page 2 The purposes statement finishes with the sentence “standalone residential uses are permitted on properties as a reflection of the historic residential nature of the zone district.” Allowing this property to continue as a standalone residence is entirely in keeping with the purpose of the MU Zone District and the history of the property. The property is zoned for single-family and duplex development. The property has been used as a residence for 125 of its 129-year life. Prior to the frame shop, the property was used as a residence since 1891. The 3,000 square foot lot size has never been an issue. The owner has a legitimate and reasonable expectation to be able to continue to use the property as a residence. A variance to the required lot size to enable the continued use as a home is consistent with the purpose of the MU Zone District. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Response – The continued use of this property as a residence is requested as a reasonable use of the property. The application is the minimum necessary to allow for the continued use as a residence and will not enable additional development beyond the current allowance. Two homes are permitted on parcels in the MU Zone District. The variance to the minimum lot size would extend this allowance to this property, which is 3,000 square feet. The home is very modest in size. The 616 home is 915 square feet of Floor Area with an interior net livable measurement of 832 square feet. Surrounding homes are much larger, including homes in the West End neighborhood that are 5 and 6 times the size. This variance request to the minimum lot size is the minimum necessary to permit the reasonable use of the property as a single-family home. 60 Exhibit 1 Review Criteria page 3 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. 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. Response – The property is very unique in that it still reflects the Original Townsite platting of 30’ x 100’ lots. The City has downzoned and forced aggregation of parcels and most parcels now consist of two, three, or four Townsite lots. Single Townsite lots are very rare. This parcel is a holdover from the zoning changes and forced aggregation of parcels. This unique circumstance requires a unique approach. Other aspects of the property’s zoning could be adjusted. Development in a setback could be avoided or even corrected (assuming HPC approvals). The property size is entirely outside the control of the owner, not the result of the landowner’s actions, and impossible to correct. Granting of this variance would provide no special privileges to this owner that are not already enjoyed by similar parcels in the MU Zone including this property today. Residential use is common along Main Street and the property has been used as a residence since 1891, other than a short span as a frame shop. Being able to continue to use the property as a residence, as it has been used for decades, is not an unreasonable request. The residence “fits” with the character of Main Street and aligns with the purposes of the MU Zone District. 61 Exhibit 1 Review Criteria page 4 Parking Response – The site currently has no parking provided for either building. Prior to being a frame shop, the residence had no on-site parking. A Special Review in 2004 granted a waiver of the parking with support from City staff. Staff at the time commented on the availability of parking in the neighborhood and the negative aesthetic effects of having parking in the backyard. According to Table 26.515-1, up to 2 spaces are required to accommodate the conversion back to a residence. Table 26.515-1 – Parking Impact Requirement Calculations Section 26.515.050 provides a range of options for meeting the City’s parking requirements. On- Site parking, cash-in-lieu, and off-site parking options are detailed and vary by location, as described in Table 26.515-2. Table 26.515-2 – Parking Requirements by Zone District Note #4 of Table 26.515-2 allows flexibility for Historically designated properties. “For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, a waiver of the Parking Requirement may be approved, pursuant to Chapter 26.430, Special Review, and according to the review criteria set forth below.” This application seeks a two-space parking waiver upon review by the Historic Preservation Commission. The criteria for this waiver are addressed below. 62 Exhibit 1 Review Criteria page 5 Section 26.515.070.E allows tandem parking for single- family and duplex development. “Off-street parking provided for detached residential dwellings and duplex dwellings is not required to have unobstructed access to a street or alley, but shall not block access of emergency apparatus to the property or to structures located on the property. This allows for "stacking" of vehicles where a vehicle is parked directly behind another.” In the event the waiver is not granted by HPC, the applicant will install two tandem spaces in the rear of the property. This is not a desirable scenario. Removal of a fence (non-historic) would be needed and the spaces would consume the only useable outdoor space the residents currently enjoy. The diagram to the right depicts how the two tandem spaces would be situated. The picture shows the existing fence that would be removed to accommodate parking. 63 Exhibit 1 Review Criteria page 6 26.515.080. Special Review Standards. Whenever the transportation, mobility, and parking impacts of a proposed development are subject to special review, an application shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304 and be evaluated according to the following standards. Review is by the Planning and Zoning Commission. If the project requires review by the Historic Preservation Commission and the Community Development Director has authorized consolidation pursuant to Subsection 26.304.060.B, the Historic Preservation Commission shall approve, approve with conditions or disapprove the special review application. A special review for establishing, varying or waiving transportation, mobility, or off-street parking requirements may be approved, approved with conditions or denied based on its conformance with all of the following criteria: 1. The transportation, mobility, and off-street parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts on the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area and any special services, such as vans, provided for residents, guests and employees. Response – The property has long operated with two residences and no on-site parking. The carriage house (Unit B) was developed in the mid-1990s and has operated successfully with no on-site parking for the past 25 years. The 616 house (Unit A) has always operated with no on-site parking, both as a residence and as a commercial unit. Residents do park in available street parking and capacity exists to continue this practice. The property is ideally situated for relying on transit with roughly 800 buses per day with service on the Castle Maroon, Cemetery Lane, Burlingame, Highlands, Snowmass, and valley-wide routes. The cross-town shuttle is also two blocks from the property. The property is served by a WeCycle station on 4th Street and another on 8th Street. The property is served by the free (to use) ‘Downtowner’ shuttle service. Pedestrian infrastructure is complete in the area. The property is substantially served by transit. 2. An on-site mitigation solution meeting the requirements and guidelines is practically difficult or results in an undesirable development scenario. Response – The Land Use Code is very clear that the HPC has the ability to “waive” the parking requirement. The parking can be physically installed on the property. Removal of a fence would be required and the one area for outdoor use by the residents would be consumed by cars. This is unnecessary and undesirable. The residents have adequate street parking and access the abundant transit options. The current occupants, for example, do not own a car. Having cars occupy the one outdoor area the two residential units enjoy is an undesirable scenario. 64 Exhibit 1 Review Criteria page 7 3. Existing or planned on-site or off-site facilities adequately serve the needs of the development, including the availability of street parking. Response – Existing facilities are adequate to serve the needs of this residence. Continuing to use the property for a residence will have no additional impact on the availability of parking in the neighborhood. Street parking is typically available, except for times during special events – 4th of July, X-Games, etc. when parking throughout town is a challenge. The pictures to the right show parking availability on 5th Street and 6th Street just north of Main Street. 65 Exhibit 1 Review Criteria page 8 26.470.080 General Review Standards All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years from which the allotments are requested. Response – The 2020 Growth Management “year” began January 1st and there does not appear to be other allotment request pending. B. Development Conformance: The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Response – A variance request regarding lot size and a request to waive parking are both included in this application. All other aspects of the property are in compliance with the MU Zoning, including pre-existing conditions. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response – The property is currently served with a full complement of public infrastructure and facilities and no additional development is proposed with this change-in-use application. No utility deficiencies are known. D. Affordable Housing Mitigation. 1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100.H. 66 Exhibit 1 Review Criteria page 9 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows: [chart not shown] Response to 1-3 – Not applicable. No commercial or lodging component is proposed. 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3, above. Response – The 616 building is being converted from commercial to residential. There is a net decrease in the number of employees generated by the residential use as compared with the commercial use. The commercial generation is approximately 4 FTEs. (832 sf net leasable x 3.6/1000 = 3 FTEs). The application represents a net decrease in employee generation. Without prejudicing an argument that a net decrease in employee generation should not require additional mitigation, the residential mitigation calculation is provided below. 5) For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. Response – The Floor Area of the 616 building is 912 sf with a net livable measurement of 832 sf. 30% equals a requirement to provide 249.6 sf of affordable housing. Using the City’s conversion rate of one FTE per 400 sf of net livable area, stated in Section 26.470.050.F, this requirement translates to .63 FTEs. 832 x 30% = 249.6 249.6 / 400 = .624 However, this 30% factor does not appear to be proportional to the actual employee generation impacts of residential use. The City of Aspen commissioned a study of employee generation of residential use. Based on the study performed by RRC Associates in 2015, employee generation of residential use is .16 FTEs per 1,000sf of residential Floor Area. Using the residential rate, this home generates .15 FTEs. 912/1,000 x 0.16 = 0.1459 Moreover, the assessment of any affordable housing impact fee on this change-in- use does not appear to be related to an actual impact to the community. The 67 Exhibit 1 Review Criteria page 10 commercial space currently generates employees. Using the City’s employee generation rates stated in Section 26.470.050 of the Land Use Code, 3.6 full time equivalent employees are generated per 1,000 square feet of net leasable area. This 832 square foot space generates 3 employees (832/1000 x 3.6 = 2.995). The conversion from commercial to residential therefore represents a lessening of employee generation, and a lessening of impacts on the community, by 2.38 to 2.85 employees. This lowering of employee generation lowers the necessity for affordable housing in the community and should therefore be exempt from providing additional mitigation and be exempt from paying an impact fee. The application is responsive to the criteria for this change-in-use. The applicant reserves its right to pursue an outright exemption to the affordable housing impact fee based on the fact presented above. 6) For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. Response to 1-3 – Not applicable. No public facilities are proposed. 7) For all affordable housing units that are being provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. Response – Not applicable. No affordable housing units are proposed. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. Response – The required housing mitigation will be provided through the provision of affordable housing credits. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. Response – Not applicable. No affordable housing units are proposed. 68 Exhibit 1 Review Criteria page 11 d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. Response – A Certificate of Affordable Housing for Category 4 FTEs will be provided. Section 26.470.090 states the employee generation for residential use. Based on the City-commissioned study prepared by RRC Associates, dated March 4, 2015, the 915sf home generates .15 employees. e. If the total mitigation requirement for a project is less than .25 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement for a project is .25 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. Response – The applicant is not requesting a cash-in-lieu payment. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Response – A Certificate of Affordable Housing at a Category 4 FTEs will be provided. f. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Response – Not applicable. No affordable housing units are proposed. 8) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). Response – Not applicable. No affordable housing units are proposed. 69 Exhibit 1 Review Criteria page 12 26.470.100 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.080. Except as noted, the following types of growth management approvals shall be deducted from the annual development allotments. Approvals apply cumulatively. A. Change in use. A change in use of an existing property, structure or portions of an existing structure between the development categories identified in Section 26.470.020 (irrespective of direction), for which a certificate of occupancy has been issued and which is intended to be reused, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080. No more than one (1) free-market residential unit may be created through the change-in-use. Response – The application is requesting a change-in-use from commercial to residential. Only one free-market unit would be created. The general requirements of 26.470.080 are addressed above. 70 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 ________ 616 W. Main Street 2735-124-44-009 616 W Main St LLC, a Colorado limited liability company 612 W. Main St.; Aspen, CO 81611 970.948.7297 jordanaspen1@gmail.com BendonAdams 300 So. Spring Street #202; Asp[en, CO 81611 970.925.2855 Chris@BendonAdams.com Reversion to residential use of an existing Victorian home. na na 1 0 na x x x x 4,225 Exhibit 2 71 Exhibit 3 72 REPORT Page 1 of 2 Rev. 12/01/2012 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) ID number: ______________ Entity name: ______________________________________________________ Jurisdiction under the law of which the entity was formed or registered: ______________________________________________________ 1.Principal office street address: ______________________________________________________ (Street name and number) ______________________________________________________ __________________________ _____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 2.Principal office mailing address: ______________________________________________________ (if different from above) (Street name and number or Post Office Box information) ______________________________________________________ __________________________ _____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 3. Registered agent name: (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if a business organization) ______________________________________________________ 4. The person identified above as registered agent has consented to being so appointed. 5. Registered agent street address: ______________________________________________________ (Street name and number) ______________________________________________________ __________________________ CO ____________________ (City) (State) (Postal/Zip Code) 6. Registered agent mailing address: ______________________________________________________ (if different from above) (Street name and number or Post Office Box information) ______________________________________________________ __________________________ _____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 20141420717 616 W Main St LLC Colorado 612 w main st aspen CO 81611 United States Nemirow Jordan 612 W Main st Aspen 81611 Colorado Secretary of State Date and Time: 05/23/2019 01:23 PM ID Number: 20141420717 Document number: 20191426377 Amount Paid: $10.00 Exhibit 4 73 REPORT Page 2 of 2 Rev. 12/01/2012 Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ______________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user’s attorney. nemirow jordan 612 w main st aspen CO 81611 United States 74 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62010900 Date: 12/17/2019 Property Address:616 WEST MAIN STREET, #A, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Associate Closing Processor Kimberly Parham 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (303) 393-4870 (Work Fax) kparham@ltgc.com Contact License: CO414945 Company License: CO44565 Melissa Rivera 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mrivera@ltgc.com Contact License: CO571649 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 For Title Assistance Melissa Schroder 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 270-0438 (Work) mschroder@ltgc.com Seller/Owner 616 W MAIN ST Attention: JORDAN NEMIROW Delivered via: Delivered by Attorney Builder BENDONADAMS Attention: CHRIS BENDON 300 S SPRING STREET ASPEN, CO 81611 (970) 925-2855 (Work) chris@bendonadams.com Delivered via: Electronic Mail Exhibit 5 75 Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62010900 Date: 12/17/2019 Property Address:616 WEST MAIN STREET, #A, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 12/27/2017 under reception no. 644063 Plat Map(s): Pitkin county recorded 10/06/2005 under reception no. 515825 at book 75 page 31 76 Copyright 2006-2019 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 616 WEST MAIN STREET, #A, ASPEN, CO 81611 1.Effective Date: 12/06/2019 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: UNIT A, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62010900 77 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62010900 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. 1.RELEASE OF DEED OF TRUST DATED DECEMBER 26, 2017 FROM JORDAN NEMIROW TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF VALERIE E. AND SAMUEL B. NEMIROW LIVING TRUST TO SECURE THE SUM OF $501,000.00 RECORDED DECEMBER 27, 2017, UNDER RECEPTION NO. 644065. 2.RELEASE OF DEED OF TRUST DATED OCTOBER 15, 2018 FROM 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF THE VALERIE E. AND SAMUEL B. NEMIROW LIVING TRUST TO SECURE THE SUM OF $501,000.00 RECORDED OCTOBER 29, 2018, UNDER RECEPTION NO. 651572. 3.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 4.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5.WARRANTY DEED FROM 616 W MAIN ST LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 78 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.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. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES, IF ANY. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED MARCH 19, 1889 IN BOOK 59 AT PAGE 546, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE OF THE CITY OF ASPEN, NO. 60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. 11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF SUBDIVISION EXEMPTION RECORDED MARCH 23, 1979 IN BOOK 365 AT PAGE 289. 12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED RECORDED JULY 13, 1995 IN BOOK 787 AT PAGE 51 AND QUIT CLAIM DEED GIVEN IN CONNECTION WITH THE ABOVE AGREEMENT RECORDED JULY 13, 1995 IN BOOK 787 AT PAGE 56 AND QUIT CLAIM DEED RECORDED SEPTEMBER 10, 1999 AS RECEPTION NO. 435369. 13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION, NO. 53, SERIES OF 1999 RECORDED DECEMBER 16, 1999 AS RECEPTION NO. 438641. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62010900 79 14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATION OF RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION, NO. 49, SERIES OF 2000 RECORDED DECEMBER 14, 2000 AS RECEPTION NO. 449673. 15.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON THE SURVEY RECORDED NOVEMBER 19, 1996 IN PLAT BOOK 40 AT PAGE 96 AND SURVEY RECORDED AUGUST 9, 1999 IN PLAT BOOK 50 AT PAGE 76. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 06, 2005 UNDER RECEPTION NO. 515825, IN PLAT BOOK 75 AT PAGE 31. 17.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT AGREEMENT RECORDED OCTOBER 11, 2005 AS RECEPTION NO. 516051. 18.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 19, 2005, UNDER RECEPTION NO. 516418. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62010900 80 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. 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: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) 81 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 82 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.83 Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation 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, Old Republic National Title Insurance Company, a Minnesota 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 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 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, Comitment 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: 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 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. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “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. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “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. (f) “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. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) 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. (b) 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. (c) 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. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 84 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 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. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. 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 counter-signature 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. 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. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) 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. (c) 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f) 85 Exhibit 6 86 Exhibit 7 87 Exhibit 9 616 West Main Street – Vicinity Map 88 N 14°50'49" E100.00N 14°50'49" E100.00N 75 ° 0 9 ' 1 1 " W 30.0 0 S 75 ° 0 9 ' 1 1 " E 30.0 0 (13. 4 0 ' ) (12.5 0 ' ) (4.1' )(3.5)PORC H ( L C E ) UNIT A LCE A STAIRS LCE BPORCHLCE BCON C R E T E W A L K BAC K O F C U R B LCE A LCE B WW PORC H 0.7' OVERHANG O M 100. 0 0 ' R . O . W . R E C O R D WES T M A I N S T R E E T SIREN CONC PAD UNIT B BOARD WALKBOARD WALKWOOD DECK LCE B ROOF ENCROACHES CON C R E T E P A R K I N G CONC. WALK LCE BGM GMALLE Y B L O C K 2 4 UNP A V E D 20.3 9 ' P U B L I C R . O . W . CITY MONUMENT SE CORNER BLOCK 24 CITY MONUMENT SW CORNER BLOCK 24 HORIZONTAL CONTROL 43.612.0 5.912.3 8.00.2 23.712.0 6.012.126.314.3 14.3 26.3#4 REBAR WITH 1" RED PLASTIC CAP LS 16129 ENCROACHMENT SEE RECEPTION NO. 516051 #4 REBAR WITH 1" RED PLASTIC CAP LS 16129 3.0' WALK EASEMENT FOR THE BENEFIT OF UNIT A PLAT BK 75 PG 31 RECEPTION NO. 515825 SEE ENCROACHMENT AGREEMENT BK 787, PG 51 AND BK 787, PG 56 MAGNAIL WITH 1.5" ALUMINUM DISC LS 16129 MAGNAIL WITH 1.5" ALUMINUM DISC LS 16129 WALK EASEMENT FOR THE BENEFIT OF UNIT B PLAT BK 75 PG 31 RECEPTION NO. 515825 X X XXXXXXXXX X X XXXXX X X X X XXXXX XXXXXXXXXXX X X (2.6')UNIT BOUNDARY LINE UNIT BOUNDARY LINE UU CONC. WALK BUILDING LINE(47.6')IMPROVEMENT SURVEY PLAT UNIT B, 616 WEST MAIN CONDOMINIUMS CITY OF ASPEN PITKIN COUNTY, COLORADO SURVEYOR'S CERTIFICATE MICHAEL P. LAFFERTY PLS. # 37972 DATE: 3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. NO TITLE INFORMATION FURNISHED FOR THE PREPARATION OF THIS SURVEY. NOTES 1" = 10' O 5 10 20 I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 01/2020 OF THE ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. 1) LEGAL DESCRIPTION: UNIT B, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. CONTAINING 0.069 ACRES +/- (3,000 SQ. FT. +/-) 2) BASIS OF BEARING: A BEARING OF N75°09'11"W BETWEEN A FOUND ORIGINAL CITY MONUMENT PIPE WITH 1" CAP AT THE S.E. CORNER OF BLOCK 24 AND A FOUND ORIGINAL CITY MONUMENT PIPE WITH 1" CAP AT THE S.W. CORNER OF BLOCK 24 4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. LEGEND INDICATES FOUND MONUMENT AS DESCRIBED. FENCE LINE GM GAS METER GENERAL COMMON ELEMENTGCE LCE LIMITED COMMON ELEMENT NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. DATE SURVEYED: 01/2020 REVISED: FILE NO: 200101 CLIENT: NEMIROW UTILITY PEDESTALSU COLO R A D O L ICE N SEDMICHA E L P LA F F ERTYPROFESSI O NAL L A N D S URVEYOR37972 1-10-20 5) POSTED ADDRESS IS 616 WEST MAIN ST. 6) SNOW ON GROUND AT TIME OF SURVEY. Exhibit 10 89 Phone: 970-618-8351 Fax: 970-925-2498 Email: AspenTrueDimensions@comcast.net True Dimensions P.O. Box 10431 Certificate dated: January 23, 2020 TRUE DIMENSIONS by: Leslie Miller CERTIFICATE OF MEASUREMENT Property: 616 West Main St. Aspen, Colorado 81611 The undersigned hereby certifies that we have measured the property described above, on January 23, 2020 and our findings are as follows: Finished Heated Livable Area: 832 square feet (ANSI) The above findings have been calculated in accordance to the guidelines for the American National Standards Institute (ANSI), applicable to the City of Aspen, County of Pitkin, State of Colorado. The on-site/as built calculation for finished square footage is for a condominium residence. The square footage total has been calculated with interior wall dimensions only, which are heated, sheet rocked, and which are considered finished space. True Dimensions has exercised its best efforts to perform an on-site/as built measurement of the property as accurately as possible. It is understood however that there can be some uncertainty with respect to the accuracy of any square footage measurement due to variations in finished surfaces as well as interior and exterior wall construction, as well as other factors.    Exhibit 11 90        91 92