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1 AGENDA ASPEN BOARD OF ADJUSTMENT April 15, 2021 4:00 PM, Webex WEBEX www.webex.com Enter Meeting Number 182 637 2308 Password provided 81611 Click "Join Meeting" OR Join by phone Call: 1-408-418-9388 Meeting number (access code): 182 637 2308# I.SITE VISIT II.ROLL CALL III.COMMENTS IV.MINUTES IV.A.Minutes 1/14/2021 minutes.boa.20210114.pdf V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.520 South Original, Setback Variance Review 520 S Original - Memo.pdf 520 S Original- Resolution Of Approval.docx Exhibit A - 520 S Original Variance Review Criteria.docx Exhibit B -- 520 S Original Application.pdf Exhibit C - 520 S Original Public Notice.pdf VI.B.Resolution #__, Series of 2021 - 322 West Hyman Avenue - Request for Side Yard Variance 322 West Hyman Avenue_Memo.pdf 1 2 Exhibit A - 322 W Hyman Avenue_Variance Review Criteria.pdf Exhibit B-BOA Resolution_322 W Hyman Avenue_Draft.pdf Exhibit C - Application - 322 West Hyman Variance Request PDF.pdf VII.OTHER BUSINESS VIII.BOARD REPORTS IX.ADJOURN Typical Proceeding Format for All Public Hearings 1)Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 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. Revised January 8, 2021 2 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT January 14, 2021 Chairperson Sandler opened the meeting at 4:30 p.m. Commissioners in attendance: Mr. Frank, Ms. Feddersen, Mr. Farrey, Mr. Sack, Mr. Pagnucco, Mr. Sandler Commissioners not in attendance: Staff present: Garrett Larimer-Planner Jim True, City Attorney Kate Johnson, Assistant City Attorney Nicole Henning, City Clerk Wes Graham, Deputy City Clerk STAFF COMMENTS: Mr. True introduced Ms. Johnson as the new Assistant City Attorney to the board. DECLARATION OF CONFLICTS OF INTEREST: Mr. Farrey has a conflict with 1040 Matchless Drive And 1050 Matchless Drive. NEW BUSINESS: 1040 Matchless Drive And 1050 Matchless Drive. Mr. Larimer gave the background of the project stating that the Arthur O. Pfister subdivision is made up of three parcels and annexed into the city along with the Maroon Creek Club. He said that the subdivision is surrounded by the Maroon Creek Club but not a part of the MCC. Mr. Larimer explained the Lot configuration and said that Lot 1 contains City of Aspen utilities infrastructure and Lot 2 is a private dead-end road, that sits at the end of Lazy Chair Rd, and finally that Lot 3 the subject to the request is currently undeveloped and has development rights. Mr. Larimer stated what is being requested is the allowance for off-site construction staging on Lot 3, for the redevelopment of Lot 2. He explained the staging of equipment for the project will be stored on the building envelope of Lot 3 that was established at a previous review. Mr. Larimer stated that the review criteria for notice, hardship, impacts, ownership, and restoration have all be met. He added that the Parks and Engineering Department agrees with the staff’s position and supports the recommendation of approval with conditions. APPLICANT COMMENTS: Chris Madigan and Kevin Heineken representing the applicant. Mr. Madigan stated that the staff did a great job presenting the project and they are here to answer any question. PUBLIC COMMENT: None COMMISSIONER COMMENTS: None Mr. Sandler moved to approve Resolution #01-2021 with conditions; Ms. Feddersen seconded. ROLL CALL: Mr. Frank, Yes; Ms. Feddersen, Yes; Mr. Sack, Yes; Mr. Pagnucco, Yes; Mr. Sandler, Yes. All in favor, motion carries. Mr. Farrey joined the meeting ELECTION OF CHAIR AND VICE-CHAIR: Mr. Farrey nominated Mr. Sandler for Chair and Ms. Feddersen as Vice-Chair; Mr. Sacks seconded. ROLL CALL: Mr. Frank, Yes; Ms. Feddersen, Yes; Mr. Farrey, Yes; Mr. Sack, Yes; Mr. Pagnucco, Yes; Mr. Sandler, Yes. All in favor, motion carries. ADJOURN. 3 Page 1 of 5 MEMORANDUM TO: Board of Adjustment FROM: Michelle Bonfils Thibeault, Planner II THROUGH: Bob Narracci, AICP, Zoning Administrator RE: 520 South Original, Setback Variance Review Resolution No. __, Series of 2021 MEETING DATE: April 15, 2021 APPLICANT: Arrowhead Condominium Association REPRESENTATIVE: Rally Dupps, Rally Dupps Architect LOCATION: 520 S Original Road CURRENT ZONING: Residential Multi-Family (RMF) SUMMARY: The applicant requests a rear yard and side yard setback variances from the required 5’ rear yard and 5’ side yard setbacks for this site to allow for a new wildlife resistant trash and recycling enclosure. A 0’ rear yard setback and 0’ side yard along the new enclosure is required to expand the trash and recycling structure while avoiding utilities located in this area of the property. STAFF RECOMMENDATION: Staff supports the rear yard and side yard setback variance request and therefore recommends approval of the project. Figure 1: Vicinity Map 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 rear yard setback requirement and reducing the minimum side yard setback requirement of the RMF zone district (The Board of Adjustment is the final review authority). BACKGROUND: 520 S Original Street contains the four-unit Arrowhead Condominiums. The site is adjacent to Glory Hole Park, with street frontage along both Original Street and Dean Street. The RMF zone district has minimum rear yard setback of 5’, minimum side yard setback of 5’, and a minimum front yard setback of 5’. The existing trash enclosure is adjacent to the rear yard and side yard setbacks on the northeast corner of the property facing Dean Street. Title 26 of the Municipal Code allows wildlife resistant trash and recycling enclosures to be located adjacent to the alley if an alley borders the property. Dean Street is a unique street that functions as both a street and an alley in this eastern area of Aspen. Properties along Dean Street have street frontage along other streets including South Original, E Durant Ave, and S West End Street. Trash service is provided along Dean Street to all properties. The applicant proposes to demolish the existing trash enclosure and replace with a larger enclosure that will house both trash and recycling receptacles and comply with wildlife resistant enclosure standards. The existing enclosure is not wildlife resistant and is accessed through the adjacent parking stall. The proposed enclosure will feature an access door from Dean Street. The applicant requests a side yard setback of 0’ from the minimum 5’ side yard standard and a rear yard setback of 0’ from the minimum 5’ rear yard setback standard in the area of the proposed new enclosure. The request is due to enlarging and improving the trash enclosure to house both trash and recycling receptacles, reduce conflict with the adjacent parking space, and build without interference to existing utilities in the side yard setback. 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. 5 Page 3 of 5 Figure 2: 520 S Original, existing east side yard setback with encumbering utilities Figure 3: 520 S Original, view of electrical transformer and telephone pedestal from parking stall. 6 Page 4 of 5 STAFF COMMENT After reviewing the application, Staff finds compliance with the applicable review criteria. Three criteria are met (see Exhibit A – Variance Review Staff Findings). Regarding Criterion 1, Staff finds the criterion met. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practicable. The granting of a variance would be consistent with the purposes, goals, objectives, and policies of Title 26 and the Municipal Code to achieve wildlife resistant trash and recycling enclosures on all properties within the City. When reviewing Criterion 2, Staff finds this variance is the minimum necessary for reasonable use of the site. The area of the existing trash enclosure includes a significant electric vault, a telephone service pedestal, and a utility meter. These utilities are located in the required five-foot side yard setback area. Location of the proposed, enlarged and wildlife resistant trash and recycling enclosure maintains access to these utilities and necessitates the structure being closer to the rear property line encroaching into both the five-foot rear yard setback and five-foot side yard setback. Staff finds that Criterion 3 is met. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings, or structures, in the same zone district. Dean Street has the unique quality of functioning as both a street and an alley. Properties on the subject property block along Dean Street are a mix of lodge, multifamily, and duplex dwellings. At least one other property along Dean Street is developed to the lot line (within the five-foot rear yard setback) to accommodate trash and recycling facilities. REFERRAL AGENCIES Both the Engineering Department and Holy Cross were referred to review this request. Engineering will permit this design however a system must be created so that snow does not shed from the new enclosure onto the neighboring property. The applicant is sure that this requirement will be met. RECOMMENDATION: Staff recommends approval of this application as the review standards are met. This application reflects a request of hardship to create a wildlife resistant trash and recycling enclosure that avoids onsite utilities. PROPOSED MOTION: Staff recommends the board make a motion to approve the Resolution. In the alternative, the board can make a motion to deny the Resolution, which denies the variance request. 7 Page 5 of 5 ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B – Application Exhibit C – Affidavit of Public Notice 8 Board of Adjustment Resolution No.__, Series 2021 Page 1 of 3 RESOLUTION NO. __ (SERIES OF 2021) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS ARROWHEAD APARTMENTS CONDOMINIUMS, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP THEREOF FILED MARCH 12, 1981, IN BOOK 11 AT PAGE 26 AND FIRST AMENDMENT TO CONDOMINIUM MAP FILED OCTOBER 1, 2007, IN BOOK 85 AT PAGE 22, AND THE AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR ARROWHEAD APARTMENTS CONDOMINIUMS RECORDED OCTOBER 1, 2007 AS RECEPTION NO. 542588, COMMONLY KNOWN AS 520 S ORIGINAL ST. Parcel ID No: 2737-182-58-800 WHEREAS,the Community Development Department received an application for 520 S Original Street (the Application) from Arrowhead Condominiums Association (Applicant), represented by Rally Dupps, Rally Dupps Architect, for the following land use review approvals: Variance, pursuant to Land Use Code Chapter 26.314; and, WHEREAS,the subject property is zoned Multi-Family Residential (RMF) and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – March 2, 2021, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on April 15, 2021; and, WHEREAS,during a duly noticed public hearing on April 15, 2021, the Board of Adjustment approved Resolution __, Series of 2021, by a __ to ___ vote, granting approval for a 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 a side yard variance request to reduce the minimum side yard setback from 5’ to 0’ and to grant a rear yard variance request to reduce the minimum rear yard setback from 5’ to 0’. This variance shall only be applied to those improvements reflecting the wildlife resistant trash and recycling enclosure displayed in Exhibit A, Approved Site Plan.No other development shall be permitted in the amended side-yard and amended rear-yard other than those permitted setback projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. 9 Board of Adjustment Resolution No.__, Series 2021 Page 2 of 3 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, suchportion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,approved this 15 th day of April, 2021. Approved as to form: Approved as to content: ________________________________ ______________________________ Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk Attachments: Exhibit A: Approved site plan 10 Board of Adjustment Resolution No.__, Series 2021 Page 3 of 3 Exhibit A: Approved Site Plan 11 Exhibit A –Variance Review Staff Findings 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: Wildlife resistant trash and recycling enclosures are required throughout the City of Aspen. The existing structure is too small to contain both trash and recycling receptacles for the Arrowhead Condominiums it services. Per the land use code section 26.575.020.(d)(13): Wildlife- resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife.Staff finds this criterion 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: The area of the existing trash enclosure includes a significant electric vault, a telephone service pedestal, and a utility meter. These utilities are located in the required five-foot side yard setback area. Location of the proposed, enlarged and wildlife resistant trash and recycling enclosure maintains access to these utilities and necessitates the structure being closer to the rear property line encroaching into both the five-foot rear yard setbackand five-foot side yard setback.Staff finds this criterion met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. 12 Staff Findings:Dean Street has the unique quality of functioning as both a street and an alley. Properties along Dean Street have street frontage along other streets including South Original, E Durant Ave, and S West End Street. Trash service is provided along Dean Street to all properties. Per the land use code section 26.575.020.(d)(13): Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way.Staff finds this criterion met. 13 14 15 PRE-APPLICATION CONFERENCE SUMMARY DATE: November 30, 2020 PLANNER: Kevin Rayes | kevin.rayes@cityofaspen.com | 970.429.2797 PROJECT NAME AND ADDRESS: 520 S. Original | Installation of Exterior Structure PARCEL ID #: 2737-182-58-800 REPRESENTATIVE: Rally Dupps | rallydupps@gmail.com DESCRIPTION: The subject property is located in the Residential Multi-Family (R/MF) zone district and is improved with a multi-family residential development, commonly known as the Arrowhead Apartments. A trash enclosure and various utility boxes exist at the northeastern corner of the property, (adjacent to Dean Street). The existing trash enclosure does not meet dimensional standards and is not bear proof. The applicant hopes to upgrade the existing enclosure to bring it into compliance with City requirements. The R/MF zone district prescribes a minimum setback requirement of 5-ft. on all sides of a property. The applicant requests a setback variance of 5-ft. to redevelop the trash enclosure along the zero-lot line. It’s important to note that the City considers this portion of Dean Street as a Street and not an alley. Pursuant to Land Use Code Section 26.575.020.e.5.t, Wildlife-resistant Trash and Recycling enclosures located in residential zone districts are prohibited in all street-facing yards. The application should address the reason a trash enclosure is best suited in the proposed location. Additionally, the Engineering Department will need to review the request to determine if the proposed trash enclosure complies with City right-of-way requirements and to ensure adequate distance exists between structures and the adjacent utility area. Lastly the applicant will need to show that snow runoff from the roof of the proposed structure will not impact the neighboring property. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.314 Variances 26.575.020 Calculations and Measurements 26.710.090 Residential Multi-Family (R/MF) For your convenience – links to the Land Use Application, and Land Use Code are below: Land Use Application Land Use Code 16 REVIEW BY: Community Development staff for complete application and Board of Adjustment for dimensional variance. PUBLIC HEARING: Yes, Board of Adjustment PLANNING FEES: $1,950 deposit for 6 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: $325 deposit for Engineering review (additional hours will be billed at $325/hour) TOTAL DEPOSIT: $2,275. Additional or less hours will be billed or refunded at a rate of $325/hour APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: KEVIN.RAYES@CITYOFASPEN.COM Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). An 8 ½” by 11” vicinity map locating the parcel within the City of Aspen. HOA Compliance form (Attached to Application) Applicant’s name, address and phone number, within a letter signed by the applicant stating the name, address and phone number of the representative authorized to act on behalf of the applicant Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the own er’s right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case. A recent site improvement survey (no older than 1 year) certified by a registered land surveyor licensed in the State of Colorado. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Written responses to all review criteria outlined in Land Use Code Section 26.314.040, Standards Applicable to Variances. The applicant should adequately demonstrate the need for a variance. Once the copy is deemed complete by staff, the following items will then need to be submitted: Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 17 EXISTINGPROPOSEDWEST ELEVATIONNEW COMMERCIAL OVERHEAD DOORDOUBLE SWINGING DOORSFOR RECYCLING. DOORS DO NOTSWING PAST WALLNEW SLIDING "BARN" STYLEDOOR DOUBLESWINGDOOR FORDUMPSTER4'-6"8'-0"7'-6 1/2"6'-1 1/2"5'-0"6'-0" 7'-6"11'-6"1'-11"9'-1 1/4"DOUBLE DOORSWALL6'-0"WALLEXISTINGWALL18 EXISTINGPROPOSEDEXTEND ROOFINTERNAL OVERHEAD TRACKFOR SLIDING BARN STYLE DOORSEXISTINGSTONE WALLTRANSFORMERALLEYGUEST PARKINGARIALVIEWDUMPSTERSTORAGEDUMPSTERSTORAGERECYCLINGBINSTORAGESLIDING DOOR19 EXISTINGPROPOSEDGUEST PARKINGSTONE WALLNO STROAGEFOR RECYLINGBINDOORS SWING INTOGUEST PARKING SPACENEW OVERHEAD DOORNEW OUTSWING DOORNEW OUTSWING DOORFOR RECYCLINGZERO SETBACK20 EXISTINGPROPOSEDSITE PLAN4'-10"2'-5 1/4"TRANSFORMERPHONEPEDESTALTRASH DUMPSTERRECYCLING BINLOCATIONSETBACKSETBACKTRASH DUMPSTERRECYCLING BINZERO LOT LINENEW BARN STYLE DOORDOUBLE SWINGING DOORSGUEST PARKING21 2/15/2021 520 S Original St - Google Maps https://www.google.com/maps/place/520+S+Original+St,+Aspen,+CO+81611/@39.185907,-106.8177547,17z/data=!3m1!4b1!4m5!3m4!1s0x87403bd8dd477c3f:0x411e132710d0376b!8m2!3d39.18590…1/2 Map data ©2021 200 ft 520 S Original St Aspen, CO 81611 Directions Save Nearby Send to your phone Share 55PM+9Q Aspen, Colorado 520 S Original St 22 23 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 www.titlecorockies.com COMMITMENT TRANSMITTAL Commitment Ordered By: Rally Dupps Rally Dupps Architect email: rallydupps@gmail.com Inquiries should be directed to: Susan Hass Title Company of the Rockies 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 Commitment Number:0706915 Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified in Schedule A at item 4 below Seller's Name(s):Arrowhead Condo Assoc. Property:520 S. Original Street, Aspen, CO 81611 Common Area, Arrowhead, Pitkin County, Colorado COPIES / MAILING LIST Purchaser with contractual rights under a purchaser agreement with the vested owner identified in Schedule A at item 4 below Arrowhead Condo Assoc. COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER DOCUMENTS USING REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY CHOOSE NOT TO USE REMOTE NOTARIZATION FOR ANY DOCUMENT. Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). Page 1 of 1 December 18, 2020 12:05 PM 24 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 www.titlecorockies.com Commitment Ordered By: Rally Dupps Rally Dupps Architect email: rallydupps@gmail.com Inquiries should be directed to: Susan Hass Title Company of the Rockies 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 Commitment Number:0706915 Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified in Schedule A at item 4 below Seller's Name(s):Arrowhead Condo Assoc. Property:520 S. Original Street, Aspen, CO 81611 Common Area, Arrowhead, Pitkin County, Colorado TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $500.00 $0.00 $500.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). 25 ALTA Commitment (6-17-06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. 004-UN ALTA Commitment (6-17-06) Issued by: 620 East Hopkins Avenue Aspen, CO 81611 Authorized Agent 26 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security1. instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse2. claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and3. such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of4. title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. 27 COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 0706915 1.Effective Date: December 17, 2020, 7:00 am Issue Date: December 18, 2020 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured: 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Arrowhead Condominium Inc., a Colorado corporation 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R020613 Countersigned The Title Company of the Rockies By: Kurt Beereboom This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 28 Commitment No: 0706915 SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Common Areas, ARROWHEAD APARTMENTS CONDOMINIUMS, A Condominium, according to the Condominium Map thereof filed March 12, 1981, in Plat Book 11 at Page 26 and First Amendment to Condominium Map filed October 1, 2007, in Plat Book 85 at Page 22 and the Amended and Restated Condominium Declaration for ARROWHEAD APARTMENTS CONDOMINIUMS recorded October 01, 2007 as Reception No. 542588. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 29 Commitment No: 0706915 COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. None THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 30 Commitment No: 0706915 This Title Report is issued for informational purposes only. No title policy or insurance will be issued based upon this report. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 31 Commitment No: 0706915 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 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. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 27, 1899 in Book 55 at Page 482. Amended and Restated Condominium Declaration for Arrowhead Appartments Condominiums8. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 32 Commitment No: 0706915 recorded October 1, 2007 at Reception No. 542588. Easements, rights of way and all other matters as shown on the Plat of Final Plat for Arrowhead9. Apartments Condominiums, filed February 28, 1979 in Plat Book 7 at Page 63. Easements, rights of way and all other matters as shown on the Plat filed March 21, 1981 in Plat10. Book 11 at Page 26 and First Amendment recorded October 1, 2007 in Plat Book 85 at Page 22. License Agreement recorded 05/05/2015 as Reception No. 619569.11. Any recorded documents affecting individual owners and/or condominium units.12. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 33 Commitment No: 0706915 DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 7 34 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 8 35 Commitment No: 0706915 Page 9 36 A0.0 PHOTOS c RALLY DUPPS ARCHITECT - THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF CONSORTIUM ARCHITECTS. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF CONSORTIUM ARCHITECTS. CONSORTIUM ARCHITECTS SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVED a r c h i t e c t rallydupps@gmail.com 720-481-7353rallyduppsarchitect.com POB 3662 Aspen, CO 81612RA L L Y DU P P SIssue Dates:ARROWHEAD CONDOS TRASH AND RECYCLING520 S. ORIGINAL STASPEN, CO 81611PARCEL ID# 273718258800ENCLOSURE - EAST ENCLOSURE - WEST WALL AND REMOVED DOOR ENCLOSURE - WEST DOOR AND TEMP TOILET ENCLOSURE - NORTH ENCLOSURE - TRANSFORMER AND TELEPHONE ENCLOSURE - WEST AND VISITOR PARKING ENCLOSURE - EXISTING CONDITIONS ENCLOSURE, DUMPSTER AND DAMAGE TO STRUCTURE JOINERY COMING APART DOOR HINGES BEYOND REPAIR WATER DAMAGE WOOD DAMAGE TEMPORARY FIXES FOR FOUNDATION NEIGHBORS WITH ENCLOSURES FOR TRASH AND RECYCLING ALONG DEAN ST 827 E. DEAN ST ARROWHEAD CONDOS W/ VISITOR PARKING ASPEN TOWNHOUSES EAST LE CLAIRVAUX WINTERHAVEN ALPINA HAUS SILVER GLO APARTMENTS GLORY HOLE APARTMENTS ADJACENT NEIGHBORS WITH ELCOSURES FOR TRASH AND RECYCLING ALONG DEAN ST 900 WATERS AVE DUMPSTER AND PULLEY 37 4'-6 13/16"3'-2 1/8" REC'L TRASH FLUSH MOUNTED SLIDING DOOR OVERHEAD DOOR 5'-0"12'-0"2'-10 3/4" 4'-9 7/8" 6'-5 1/8" NORTH EXISTING SITE PLAN1 1/4" = 1'-0"A2.1 A1.0 SITE PLAN c RALLY DUPPS ARCHITECT - THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF CONSORTIUM ARCHITECTS. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF CONSORTIUM ARCHITECTS. CONSORTIUM ARCHITECTS SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVED a r c h i t e c t rallydupps@gmail.com 720-481-7353rallyduppsarchitect.com POB 3662 Aspen, CO 81612RA L L Y DU P P SIssue Dates:ARROWHEAD CONDOS TRASH AND RECYCLING520 S. ORIGINAL STASPEN, CO 81611PARCEL ID# 273718258800NORTH PROPOSED SITE PLAN2 1/4" = 1'-0"A2.1 38 39 40 POB 3662 Aspen, CO 81612 rallydupps@gmail.com Phone 720-481-7353 February 16, 2021 RE: 520 S Original (Arrowhead Condos) Proposal and Explanation, Responses to Review Criteria Dear Community Development, Please find attached our land use application for a 5 ft setback variance to redevelop the trash enclosure along the zero lot line. Existing Conditions: 520 S Original Street is an existing 4 unit condo complex called Arrowhead Condominiums located in the R-MF zone. The unit owners currently use the existing trash and recycling area located along Dean Street as shown on the attached survey and photos, ref exhibit E and G. Challenges: The existing trash structure currently contains a trash dumpster provided by Waste Management. With the dumpster within the enclosure, there is no remaining room inside the structure for recycling. As far as we can tell, the existing structure is not built upon a foundation. The structure itself has been battered by bears, cars, and general usage over the many years. It is now in an unrepairable state and is actively falling apart. An ad hoc pulley system has been jury rigged to open the heavy dumpster lid. These pulleys are difficult to operate and are also in poor operating condition. They do not offer any protection against bears. The structure is open to the elements on the west side leaving the dumpster vulnerable to bears. Ref exhibit G In our pre application conference, Kevin Reyes stated that the enclosure is not permitted in its existing location due to Dean St being considered an alley by the city and therefore the structure is not permitted in a street facing setback. Furthermore, Kevin stated that repair of the battered structure is not possible for the same reason. Replacement of the trash and recycling enclosure with a variance is our only way forward. The existing structure hinders access to the dumpster. The only access to the garbage is via a pair of outswing doors. These doors are immediately adjacent to building’s only guest parking spot labelled 5 on the recorded Condo Plat exhibit A. When accessing the trash area, these doors are blocked by visitors parking in this guest parking spot. Additionally, when the R A L L Y D U P P S I I I I I I I a r c h I t e c t 41 trash enclosure doors swing out, they bash into any vehicle parked in this guest parking spot. Lastly, the trash enclosure is not bear proof. Attempts to make it bear proof have proven not feasible for all users of the building. Arrowhead Condos owners includes an elderly owner with special needs, and she is not able to operate the ad hoc pulley system fashioned to open the heavy dumpster lids. The structure is otherwise open to the elements and offers nothing to stop bears from entering the enclosure. Proposed Solution: We propose to remove the existing trash enclosure and replace it with a new structure. Ref exhibit C. We propose to locate the new structure on the zero lot line. Ref exhibit H. This is only a slight increase from the existing location. The existing structure is already located within the 5’ setback on both sides. Existing east sideyard setback is 3.17’ and rear yard setback is 4.57’. The building footprint will increase slightly from 37 s.f. to 62 s.f., which is the minimum increase to accommodate recycling inside the new structure. As part of the relocation, we propose to change the operation of the existing doors to the electrical transformer area to become sliding doors. This will keep the doors from bashing into parked vehicles in the guest parking spot. Our design (ref. exhibit C) was presented via email to COA Engineering Dept. Hailey Guglielmo November 9, 2020 and her concerns at that time were with transformer clearances around the transformer which were then subsequently addressed with Libby Cowling of Holy Cross Holy Cross Energy owns and maintains the transformer. A phone conversation with Libby Cowling of Holy Cross Energy confirmed the proposed design will work and that the existing setbacks meet their access requirements. If repairs are ever needed in the future, a crane will be used to lift transformer from its current location. To accommodate the special needs of all residents, an overhead shop door will replace the current open area to access the dumpster. This door will be counter weighted so that minimal effort is required to open and close. We are also planning on offering a pair of doors that will open and nest out of the way of the guest parking space with access to recycling bin that will be placed inside the structure next to the dumpster. Ref exhibit H. Along the alley will be a pair of outswing doors that will allow Waste Management to remove the dumpster and have the machine on their truck lift and empty the dumpster, placing it back inside the enclosure. Ref. exhibit H. All doors of the enclosure will have bear proof catches to fully close and keep out the bears. 42 In the pre app (exhibit B) Kevin Reyes raised concerns about snow runoff from the roof of our proposed structure and its impact on our neighbor. We plan to gutter the snowmelt runoff away from our neighbor to the east. We will drain the roof to open ground to the south of the proposed enclosure. The proposed scope of development including the increase in impermeable surface is less than the threshold that triggers Urban Runoff Mitigation Plan (URMP) or Water Efficient Landscaping Standards (WELS). The following narrative responds to Kevin Reyes’ pre application conference summary (exhibit B) and addresses the reason a trash enclosure is best suited in the proposed alley location. Neighborhood The proposed location maintains an existing pattern of usage in that all multifamily buildings along the 800 block of Dean St utilize this street for garbage and recycling without exception. Walking along the 700, 800 and 900 blocks of Dean St. reveal dumpsters, bins and enclosures all with access to Dean St. These include the 5 unit Le Clairvaux, the 11 unit Aspen Townhouses East and the 3 unit Winter Haven Condos. In addition to the multifamily dwellings, the single-family dwelling located at 827 E Dean also uses the alley for this purpose. Ref Exhibit G. Additionally, adjacent blocks along Dean St also use the street for garbage and recycling. Noteworthy examples include 900 Waters, Silver Glo Condos, Alpina House, and Glory Hole condos. Most of these trash and recycling areas in the 800 block of Dean St have built permanent enclosures for garbage and recycling built within the setbacks along Dean St. These include Aspen Townhouses East, Arrowhead and Le Clairvaux. There is good reason these condo associations use enclosures. Between Arrowhead, Le Clairvaux and Aspen Townhouses East we have 20 individual units needing to organize and service trash and recycling. Trash and Recycling enclosures hide garbage and recycling from view. These structures also help mitigate unpleasant smells. Function and beauty Functionally, all garbage services use Dean St for garbage and recycling collection. The trash enclosures for multifamily dwellings are too large to move by hand and need a machine to dump. If these large sized trash and recycling receptacles were placed within hard-to-reach side yards, this would place an unfair burden on residents having to move the heavy dumpster and recycling bins out of the setback and drag them into place along Dean St so the machines on the garbage trucks can lift and empty them. Dean St is the 43 logical place for the location of these dumpsters and bins, hidden from view and organized within attractive bear proof enclosures. The city may consider this portion of Dean St a “street” but this descriptor is purely academic. The reality is that in terms of garbage and recycling, Dean St has been and continues to be used as an alley by nearly everyone. Aspen has many alley ways all over the R-MF zone. These alleys all have things in common: garages, parking and trash/recycling along them. This is a historical pattern of use that has been established for decades. Dean St is no exception. Its residents use Dean St for both. Please ref exhibit G. The staff determination that Dean St is a street and not an alley was made only recently. For decades prior to this determination, homeowners, unit owners and waste management services have historically used Dean St and other alleys like it for garbage and recycling collection. Call Dean St anything you want but it functions as an alley. The best and most attractive method of organization for these bins and dumpsters locates these items within enclosures. Bins and dumpsters left outside by themselves looks messy and disorganized. Open bins and dumpsters not enclosed within structures attract wildlife and look and smell unpleasant, especially in summer. Spills and leakages from these heavily used dumpsters can be seen on the ground and on the dumpsters themselves. Dean St is often used as by pedestrians heading into town and dumpsters and bins strewn about the alley does not contribute to a positive pedestrian or guest experience. Organizing bins and dumpsters into single enclosures cleans up the street, organizes many individual bins and dumpsters collectively, diminishes visual clutter, opens up the street to help alieviate delivery and service related traffic jams and parking conflicts, and presents a much preferrable face to Aspen guests and visitors. Where do we put our garbage? Arrowhead is surrounded by two "streets" Original and Dean. The south side of Arrowhead faces Glory Hole Park. No one using Glory hole park wants to look at garbage so this location is out. Original St is our front street, and staff interpretation of Dean St as a “street” per the land use code means it cannot go here either. Our only remaining option is the east sideyard. With Arrowhead’s building built at an angle to the lot, there is a pinch point near the front of the building along Dean St. the is less than 3 ft. Ref survey exhibit E. With less than 3 ft clear from the existing stone wall to the Arrowhead building, the side yard is simply too narrow to provide access for people to drag out the bins and even less for a garbage truck. This would make placing the garbage and recycling in the only remaining sideyard impossible. The trash dumpster would never squeeze through this narrow gap. The heavy dumpster would be impossible to navigate under human 44 power and no machine on a garbage truck could ever reach the dumpster or pass between these obstacles. Where else could we put these bins? Over time, the neighboring trash enclosures of Le Clairvaux and Aspen Townhouses East will need to be replaced. It seems unreasonable to also ask our neighbors Le Clairvaux and Aspen Townhouses East to find new and inconvenient locations for their trash and recycling structures. Everyone would have to find some out of the way place off Dean St to place their recycling. Where is this? Does this place even exist? Add up the Multifamily dwellings Le Clairvaux + Aspen Townhouses East + Arrowhead = 20 units, all needing trash and recycling. It makes sense for these condos to combine these into one place next to services in organized attractive containers. This huge volume of trash and recycling and would be nearly impossible to organize and relocate within the narrow R-MF zone prescribed 5’ setback. In fairness to all we must ask the question, if we are forced to move garbage and recycling for Arrowhead, does that mean everyone else on our block will also eventually have change where they put trash and recycling as well? The only conclusion to this question is that having the residents along the 800 block of Dean St move their garbage and recycling places an unfair burden on everyone. Responses to criteria outlined in Land Use Code 26.314.040 1. The granting of this variance is consistent with the purposes, goals, objectives, and policies of the code. This variance only requests a minor setback variation of what is an existing condition for an existing structure along a street historically used for garbage and recycling purposes, and as such already functions as an alley. 2. The granting of this variance is the minimum variance that will make possible the reasonable use of the trash and recycling enclosure. The structure is sized to fit an existing dumpster and an existing recycling bin. There is no room left for anything else to be stored inside and the structure will only be used for bear proof storage. If one accepts the material fact that Dean St functions include parking and trash and recycling collection, as typical among Aspen’s “non-street facing yards”, then one could also logically accept a zero lot line location of one wildlife-resistant enclosure within “non street facing yard” which are allowed projections onto setbacks. A wildlife-resistant enclosure meeting the requirements of the land use code is permitted in “non- street facing yards” per the land use code 26.575.020.E.5(t). Our proposed design is the minimum size necessary, is unconditioned, is not integrated with other structures on the property, serves no other purpose and is not placed within a public right of way. 3. The literal interpretation of Dean St as a “street” would deprive Arrowhead Condos of rights commonly enjoyed by other parcels in the 45 same zone district and would cause unnecessary hardship, as distinguished from mere inconvenience. All residents of the 800 block of Dean St have their trash and recycling serviced along Dean St, without exception. Le Clairvaux stores its recycling along Original street which is technically a front yard. Aspen Townhouses East enjoys their enclosure located within the extremes of their property line along Dean St. Winter Haven stores their dumpster off Dean St as well. Neighboring condos Glory Hole Condos, Alpina House, Silver Glo and many others including single family properties and duplexes use Dean St for trash and recycling as well. For Arrowhead, there is no other place to put the trash and recycling. Our only remaining side yard is blocked by the building and walls and the large metal bin could never fit through the gap. Section 3(b) applies in that granting this variance would not confer upon the applicant any special privilege denied by the terms of this title and code to other parcels buildings or structures in the same zone district. All along the R-MF portion of Dean st, there is plenty of evidence that parcels, buildings and structures enjoy the use of Dean St for trash and recycling storage and pick up. Residents up and down Dean St have used the street for garbage and recycling for many years. Our proposal is not asking to become an exception to the rule, it requests not to become the only exception to the rule. Summary The current Arrowhead enclosure is open and not bear proof and is in poor condition. For a minimal variance request, our proposal benefits the residents of Arrowhead and the community at large. In return for this small variance request, our proposal will increase the quality of life for Arrowhead residents, beautify Dean St with an attractive, thoughtful, small scale building and contribute to Aspen’s high environmental and design standards by providing organized, clean and safe trash and recycling facilities for our guests, visitors and residents alike. List of exhibits: Exhibit A: Arrowhead Condos Plat Exhibit B: COA Pre App Exhibit C: Proposed model drawings Exhibit D: Vicinity Map Exhibit E: Survey Exhibit F: Title Certificate Exhibit G: Sheet A0.0 Photos Exhibit H: Sheet A2.1 Proposed Site Plan Exhibit I: Signed Authorization to Represent Letter Exhibit J: Signed HOA Compliance form Exhibit K: This document Exhibit L: Agreement to pay fees 46 Please let me know if you need any further information or have any questions. Sincerely, Rally Dupps 47 48 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718258800 on 03/17/2021 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 49 ASPEN WINGS PARTNERSHIP EDEN PRAIRIE, MN 55344 6661 BEACH RD GRIFFITH NANCY M REV TRUST INDIANAPOLIS, IN 46240 663 FOREST BLVD SB H FAMILY 2 LLC ASPEN, CO 81611 316 PFISTER DR LITTLE NELL CONDO ASSOC ASPEN, CO 81611 611 S WEST END CORNEZ ROBERT M BASALT, CO 81621 PO BOX 2615 W PROPERTIES II LLC RALEIGH, NC 27612 4600 MARRIOTT DR, #400 GEOLFA GROUP LLC CINNAMINSON, NJ 08077 PO BOX 3131 MITCHELL PROPERTY TRUST KOGARAH N S W AUSTRALIA 2217, 1 SOUTH ST #6 LEVEL 4 ST GEORGE PRIVATE HOSPITAL ASPEN MTN PARTNERS LLC ASPEN, CO 81611 730 E DURANT AVE LACHER MARC P INVEST TRUST CHICAGO, IL 60611 840 N LAKE SHORE DR #1101 CHATEAU DUMONT 21 LLC ASPEN, CO 81612 PO BOX 4450 81611 INVESTMENTS LLC SCOTTSDALE, AZ 85260 15852 N 81ST ST HAVENO HOLDINGS LIMITED LYFOR CAY NASSAU BAHAMAS, PO BOX N-858 LYFORD MANOR BLUE SKYE DAISY BROOKE PARTNERSHIP LLLP ASPEN, CO 81611 1024 E HOPKINS #17 M & M INVESTMENTS 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BEACH, CA 90266 1620 STRAND CCI-ASPEN I LP AUSTIN, TX 78701 800 BRAZOS ST #600 LE CLAIRVAUX 5 LLC PITTSBURGH, PA 15221 1501 ARDMORE BLVD STE 400 LACHER RITA R INVEST TRUST CHICAGO, IL 60611 840 N LAKE SHORE DR #1101 730 EAST DURANT CONDO ASSOC ASPEN, CO 81611 730 E DURANT AVE CCI-ASPEN I LP AUSTIN, TX 78701 800 BRAZOS ST #600 LUBIN SHAFIGHEH ASPEN, CO 816112131 611 S WEST END ST #5 PARLETTE R BRUCE ASPEN, CO 81611 825 DEAN ST SCHMIT KIRSTEN ASPEN, CO 81611 400 MCSKIMMING RD AJAX INVESTMENTS LLC ASPEN, CO 81611 730 E DURANT AVE GADA 777 REV LIVING TRUST ASPEN, CO 81612 PO BOX 2061 450 ORIGINAL CONDO ASSOC ASPEN, CO 81611 450 S ORIGINAL ST JL ASPEN LLC POTOMAC, MD 20854 7811 MONTROSE RD #420 NAGEY DAVID A & ELAINE TRAICOFF ASPEN, CO 816112602 803 E DURANT AVE #10 KOVACH MARY SUSAN REV TRUST CHICAGO, IL 60610 1422 N LASALLE ST #101 SHIRK JAMES & LINDA TRUST BLOOMINGTON, IL 61702 PO BOX 1549 57 RING BARRY S CHICAGO, IL 60657 552 W OAKDALE AVE CHASE ROBERT ASPEN, CO 81611 710 E DURANT #C 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VISTA RD LD ENTERPRISES LLC ASPEN, CO 81612 PO BOX 508 MARELL SARAJANE ABRAMSON WEST PALM BEACH, FL 33415 2315 ESPANA REAL WINTER HAVEN 2 LLC CATONSVILLE, MD 21228 PO BOX 21176 CHATEAU BERT LLC BOULDER, CO 80305 4485 LUDLOW ST ASPEN CLUB RESIDENCES LLC WASHINGTON, DC 20007 1101 30TH ST NW #150 CHATEAU CHAUMONT CONDO ASSOC ASPEN, CO 81611 731 E DURANT AVE WEINBERG JUDD A TRUST CHICAGO, IL 606115515 401 N MICHIGAN AVE #3050 EPSTEIN ASPEN TRUST PHILADELPHIA, PA 19103 1900 RITTENHOUSE SQ #8A CHAIKEN WILLIAM HALLANDALE BEACH, FL 33009-6614 2030 S OCEAN DR #1723 CARBONA JOHN A FORT MYERS, FL 33902 PO BOX 2568 PERRY JAMES H & MARGERY DEUTZ ASPEN, CO 816123382 PO BOX 3382 58 DENNIS LLC ASPEN, CO 81611 205 S MILL ST #301A JET VIEW LLC ASPEN, CO 81611 625 S WEST END ST #4 ASPEN TOWNHOMES EAST ASPEN, CO 81611 COMMON AREA 835 E DURANT AVE ASPEN CLUB RESIDENCES LLC WASHINGTON, DC 20007 1101 30TH ST NW #150 BUCKHORN 970 LLC MADISON, WI 53705 659 FARWELL DR ASPEN MTN PARTNERS LLC ASPEN, CO 81611 730 E DURANT AVE NEWHOUSE IRREV RE TRUST EXCELSIOR, MN 55331 5640 CHRISTMAS LAKE RD DURANT MALL PROP LLC ASPEN, CO 81611 39 MOUNTAIN LAUREL DR CLARENDON LLC BONDI JUNCTION NSW 1355 AUSTRALIA, PO BOX 177 ASPEN CLUB RESIDENCES LLC WASHINGTON, DC 20007 1101 30TH ST NW #150 CCI-ASPEN I LP AUSTIN, TX 78701 800 BRAZOS ST #600 WILSON JOSEPH B ASPEN, CO 81611 39 MOUNTAIN LAUREL DR CCI-ASPEN I LP AUSTIN, TX 78701 800 BRAZOS ST #600 KANTOR 2001 TRUST LAS VEGAS, NV 89120 2816 VISTA DEL SOL AVE 81611 INVESTMENTS LLC SCOTTSDALE, AZ 85260 15852 N 81ST ST RUKAVINA MAE C TRUST MINNETONKA, MN 55345 5640 KIPLING AVE ENCLAVE AT ASPEN HOA ASPEN, CO 81611 830 E DURANT AVE KARICK LLC ASPEN, CO 81611 730 E DURANT AVE ASPEN ALPS 115 LLC COLUMBUS, OH 43215 107 S HIGH ST #300 CCI-ASPEN I LP AUSTIN, TX 78701 800 BRAZOS ST #600 CORDUROY CRUISERS LLC ASPEN, CO 81611 710 E DURANT AVE LANDMARK AMERICA INC ASPEN, CO 81611 700 S UTE AVE DUMONT NO 1 LLC NEW YORK, NY 10014 61 JANE ST #5R PECK ANTHONY Z & PAULA RICE LOS ANGELES, CA 90025 10474 SANTA MONICA BLVD # 405 WILLIS ANNIE D ASPEN, CO 81611 601 S WEST END ST #2 SKEGBY HOLDINGS LTD ASPEN, CO 81611 533 E HOPKINS AVE FREEMAN GREGORY A & KRISTINA M CARBONDALE, CO 81623 490 COUNTY RD 162 CHATFIELD CHARLTON H GREENWICH, CT 06831 12 CORRIGAN LN FELLA HENRY J MANHATTAN BEACH, CA 90266 117 4TH ST CORDUROY CRUISERS LLC ASPEN, CO 81611 710 E DURANT AVE 59 MJB MOUNTAIN PROPERTIES LLC GRAND RAPIDS, MI 49544 2345 WALKER AVE 60 61 62 63 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ________________________________________________, Aspen, CO SCHEDULED PUBLIC HEARING DATE: ______________________________________, 20___ STATE OF COLORADO ) ) ss. County of Pitkin ) I, _____________________________________________________ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _____ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _____ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the ___ day of ________________, 20___, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _____ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. _____ Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Lisa Guida 520 S Originial Street April 15 21 64 _____ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. _____ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ____________________________________ Signature The foregoing “Affidavit of Notice” was acknowledged before me this _6th day of ___April_______, 2021_, by _______________________________________. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: _________________ ______________________________________ Notary Public ATTACHMENTS AS APPLICABLE: •COPY OF THE PUBLICATION •PHOTOGRAPH OF THE POSTED NOTICE (SIGN) •LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL •APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 65 Page 1 of 6 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 322 W Hyman Avenue, Dimensional Variance Review Resolution No. ____, Series of 2021 MEETING DATE: April 15, 2021 APPLICANT: Michael Behrendt Trust REPRESENTATIVE: Ezra Louthis, Aspen Development Services, LLC LOCATION: 322 West Hyman Avenue. Lots N and O, Block 46, City and Townsite of Aspen, County of Pitkin, State of Colorado. PID#273512464005 CURRENT ZONING AND USE: 322 W Hyman Avenue is located within the R-6 zone district and is developed with a 4-unit condominium complex. 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 reconstruction of the existing retaining wall that is failing, with a roughly 7-foot-tall retaining wall. The setback variance requested is a zero (0) foot side yard setback where a minimum of five (5) foot side yard setback is required. STAFF RECOMMENDATION: Staff recommends the BOA find that a hardship does exist on the subject property and approve the variance request. FIGURE 1: CURRENT CONDITIONS 66 Page 2 of 6 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the minimum setback requirements in the R-6 zone district (The Board of Adjustment is the final review authority). BACKGROUND AND EXISTING CONDITIONS: 322 West Hyman Avenue is identified as Lots N and O, Block 46, City and Townsite of Aspen, County of Pitkin, State of Colorado. Currently 322 West Hyman Avenue is developed with a two-story condominium complex comprising 4 units. 322 W Hyman Ave is bounded by 334 West Hyman Avenue (St. Moritz Lodge) to the west, and it is bounded by 312 West Hyman Avenue. The lot line between 322 W Hyman and 312 W Hyman contains a roughly 6’ tall railroad tie retaining wall. It runs for roughly 51’ across the property line. The property began development in 1953 with subsequent permits through 1973. Certificates of Occupancy were granted in 1970 and 1973 for the main building. It is important to note that a 4’ setback variance was granted in 1969 for the construction of a garage with a second-story apartment (July 18, 1969 BOA Meeting Minutes). It is unclear when the retaining wall was built but it appears as some sort of structure on the Lot Split Plat in 1984 (Book 12, Page 54). It shows up more clearly on the Condominium Plat as a “RR Tie Retaining Wall” in 1987 (Book 20, Page 20). 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: • Front Yard: Principal buildings 10’ and Accessory buildings 15’. • Side Yard: Minimum 5’ with a total combined side yard setback of 15’. 67 Page 3 of 6 • 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 retaining wall. Specifically, the following variance is requested: 322 West Hyman Avenue Setback Variances: • East Side Yard Setback Variance: 0’, where 5’ is required. Figure 3: Proposed Retaining Wall Location in Relation to Property Line 68 Page 4 of 6 Figure 4: Section of Retaining Wall Showing Location and Height 69 Page 5 of 6 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 believes that the request is compliant with the applicable variance review criteria. 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”. A nearly 6’ drop is rare for the surrounding zone district and surrounding parcels. The condition on the site has been in place since at least the mid 80’s and the reconstructed wall will be required to have a railing on top for life/safety to prevent a potential fall hazard. Although the retaining wall is a man-made scenario, staff believes that there are no reasonable alternative design options to accommodate the wall to make it comply with the Land Use Code. Staff has seen stepped retaining walls of 30” with a planting area in between the stepped parts of the retaining wall in the past; however, that is not feasible for this site due to the existing constraints. Denial of the requested setback variance will not deny the property’s fundamental development rights, but staff believes that it would cause an unnecessary hardship on the applicant. REFERRAL AGENCIES Staff has received comments from the Engineering and Parks Departments. Engineering finds no problem with the reconstruction of the retaining wall; however, for building permit Engineering will require a construction easement/agreement for all work done on the adjacent property. The Parks Department also weighed in on the reconstruction of the retaining wall. Parks provided comments to the applicant pertaining to building permit requirements. An inspection will be required by the Parks Department prior to any demolition or construction to approve any activity on the 312 W Hyman site. The applicant will be required to comply with all applicable Engineering and Parks standards at the time of building permit application. RECOMMENDATION: Staff finds that this application reflects a request of genuine hardship, and that alternative design solutions to achieve compliance with setbacks for the replacement retaining wall are unreasonable for this site. Staff recommends that the BOA make a finding that a hardship does exist on the property and pass a motion to approve the request. ALTERNATIVE: The BOA may want to make a finding that a hardship does not exist on the property and pass a motion to deny the variance request. 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 BOA Resolution No. _____, Series 2021.” (this reflects Staff’s recommendation) 70 Page 6 of 6 Or, in the alternative: 2) “I move to approve the denial of BOA Resolution No. ______, Series 2021 and find that a hardship exists on the property.” ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B - BOA Resolution No. ______, Series 2021 Exhibit C – Application 71 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. However, given that the retaining wall is a long-standing condition, staff finds that the request is reasonable and is generally consistent with the purposes, goals, objectives and policies of the Land Use Code. The new replacement retaining wall will be reconstructed in the same location as the existing retaining wall and it is unreasonable in this case to require a stepped retaining wall as the Land Use Code would normally require. Staff finds this criterion 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 the grant of variance is the minimum variance that will make possible the reasonable use of the structure. Staff finds this criterion met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as dist inguished 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”. Staff finds that retaining roughly 6-7’ of dirt, at the property line, is a special condition related to this parcel and not surrounding parcels in the same zone district. It is reasonable that the replacement retaining wall should remain in the same location as the existing retaining wall that is failing. The reconstructed retaining wall also remedies any issues with 72 perpetuating the unprotected fall hazard from above to below as the Building Department will require a railing on top of the wall. Staff finds this criterion met. b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Staff finds that should the BOA find that a hardship exists, property specific findings should be made so that special privilege is not conveyed with the grant of a variance. Staff finds this criterion conditionally met. 73 Board of Adjustment Resolution No. ______ , Series 2021 Page 1 of 3 RESOLUTION NO. _____ (SERIES OF 2021) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A DIMENSIONAL VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS N AND O, BLOCK 46, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 322 WEST HYMAN AVENUE Parcel ID No: 273512464005 WHEREAS, the Community Development Department received an application for 322 W Hyman Avenue, (the Application) from Michael Behrendt Trust (Applicant), represented by Ezra Louthis, Aspen Development Services 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 – March 1, 2021, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on April 15, 2021; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant the requested side yard setback variance as it relates to the existing development pattern in the immediate neighborhood; and, WHEREAS, during a duly noticed public hearing on April 15, 2021, the Board of Adjustment approved Resolution _____, Series of 2021, 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: 322 West Hyman Avenue • East Side Yard Setback: 0' for the construction of a roughly 7’ replacement retaining wall on the property line. No other development other than grading and reconstruction of the retaining wall 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. 74 Board of Adjustment Resolution No. ______ , Series 2021 Page 2 of 3 Section 2: Prior to construction of the new retaining wall, the Applicant shall apply for the appropriate building permits. 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 agreement from the neighboring property. 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. 75 Board of Adjustment Resolution No. ______ , Series 2021 Page 3 of 3 FINALLY, approved this 15th day of April, 2021. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk 76 77 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 1 City of Aspen – Setback Variance Request for the repair of a Retaining Wall 322 West Hyman Ave – Setback variance request for a n existing approximat e 6’ tall and 51’ long retaining wall that is in need of rep lacement . Submittal Date : 2020 -11-20 Applicant (Owner): Michael Behrendt Trust (322 W. Hyman Ave, Aspen, CO 81612) Project Address : 322 West Hyman Ave Legal Description: Lot N and O, Block 46, City and Townsite of Aspen Parcel ID: 273512464005 Submitted To: City of Aspen Community Development Department C/O Ben Anderson p. 970-429-2765 Prepared by: Aspen Development Services, LLC 210 S. Galena St, Suite #31 Aspen, CO 81611 Ezra Louthis p. 970.618.9976 e mail: ezralouthis@hotmail.com Secondary Contact: Claude Salter p. 970-309-7655 email: aspendevelopmentservices@gmail.com 78 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 2 Table of Contents Page I. Background 2 II. Existing Conditions 3 III. Request 4 IV. Code Standards Response and Review Requirements 4 EXHIBITS • Exhibit 1: Master Building Permit 1953-1973 7 • Exhibit 2: 1973 Building Permits/Inspections 13 • Exhibit 3: Certificates of Occupancy 23 • Exhibit 4: BOA meeting notes 25 • Exhibit 5: Correspondence with the City of Aspen 26 • Exhibit 6: Lot Split Plat 27 • Exhibit 7: Condominium Plat 28 • Exhibit 8: Photos of existing wall 31 • Exhibit 9: Survey of 312 W. Hyman 32 • Exhibit 10: Structural Plans of the new wall 33 • Exhibit 11: Pre-App Summary 34 • Exhibit 12: Agreement To Pay 35 • Exhibit 13: HOA Compliance 36 • Exhibit 14: Vicinity Map 37 I. Background The property began development under the Master Building Permit in 1953 (See page 6 of Exhibit 1) with subsequent permits through 1973. More significant alterations and additions were approved in 1973 (Exhibit 2), with a Certificates of Occupancy granted in 1970 and 1973 (Exhibit 3). The property received a 4’ setback variance in 1969 for the construction of a garage with a 79 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 3 second-story apartment, thought it is not clear exactly what setback the variance was granted for (Exhibit 4). In 1975 Mr. Behrendt inquired about separating the subject property (Exhibit 5). Per a City approved Plat in 1982, the subject Lot received Lot Split approval from the St. Moritz property (Exhibit 6). The Lot later received Condominium Plat approval in 1987 (Exhibit 7). II. Existing Conditions The Lot is located in the R-6 Zone District adjacent to the St. Moritz Lodge to the west, and the historic house at 312 W. Hyman to the east. The property is flanked on the south by W. Hyman Avenue and the alley on the north. The parcel is approximately 6,000 sq. ft. in size and it is developed with a two-story condominium complex comprising 4 units. According to the Assessors’ information the building contains approximately 4,440 sq. ft. of heated area. Some of the property parking is located along W. Hyman Avenue on the south side, as well as 2 parking spots in the northeast corner that are accessed from the alley. There is an old, 6’ tall railroad tie retaining wall that spans the east property line from the alley on the north for approximately 51’ towards the south. It retains a significant grade change between the subject property and the adjacent property. The retaining wall sits on the property line and is need of replacement as the wall bellies out on to the east on the 312 W. Hyman property some (Exhibit 8 & 9). 80 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 4 The Lot is 6,000 sq. ft. and is nearly fully developed in terms of building footprint within the property. The property slopes from west to east and north to south. The setbacks in the R-6 Zone District for the 6,000 sq. ft. Lot are as follows: Front Yard Setback: 10 Feet Rear Yard Setback: 10 Feet Side Yard Setback: 5 feet III. Request The Applicant is requesting a 5’ variance to the side yard setback to replace/repair the existing railroad tie wall. The Applicant has provided structural plans to show the new proposed wall and stairs that will sit just inside the property line to replace the existing wall and retain the grade change. IV. Code Standards Response/Review Requirements Sec. 26.304 - Common Development Review Procedures Response: The Applicant will follow the requirements of the Review Procedures set forth in this Code Section as they apply to the Variance request. Sec. 26.314 – Variances Sec. 26.314.010. - Purposes. Variances are deviations from the terms of this Title which would not be contrary to the public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Title would result in undue and unnecessary hardship. Variances shall only be granted in accordance wit h the terms of this Chapter. Sec. 26.314.020. - Authority. The Board of Adjustment, in accordance with the procedures, standards and limitations of this Chapter shall approve, approve with conditions or disapprove a development application for variances to the terms of this Title. If the application for a variance is part of a consolidated application process authorized by the Community Development Director pursuant to 81 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 5 Subsection 26.304.060(b)(1), the Planning and Zoning Commission or the Historic Preservation Commission may review the application for a variance using the standards and procedures set forth in this Chapter. Sec. 26.314.030. - Authorized variances. Variances may only be granted from the following requirements of this Title 26: (a) Dimensional requirements Sec. 26.314.040. - Standards applicable to variances. (a) In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (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 Response: Granting of the variance will not conflict with the goals of the Aspen Area Community Plan, nor Title 26 of the City Municipal Code. Granting of the variance will allow for the replacement of the existing retaining wall that is failing and encroaching on to the adjacent property, while maintaining the off -street parking and the existing/historic grade change. (2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Response: There are currently two off-street parking spaces and retaining necessary to the function of the subject property that are recognized on the Lot Split Plat and Condominium Plat approved the City of Aspen P&Z, City Engineering and City Council. For repair of the old railroad tie retaining wall, the 5’ setback variance to property repair the retaining wall is required. (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 app ly: 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 82 Aspen Development Services, LLC 210 South Galena Street, Suite 31, Aspen, CO 81611 p. 970.309.7655 Page | 6 Response: There is a significant grade change between the pr operties and requires retaining of the earth to maintain existing development and off-street parking. 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 distric t. Response: The parcel and retaining wall were built to accommodate the natural slopes that existed in this area, and the railroad tie retaining wall that was built in the 1970’s is in need of repair/replacement to function properly and no longer encroach on the neighboring pr operty. The granting of the variance will not confer any special privilege upon the Applicant, and will allow for the continued historic use of the subject property. (b) In order to authorize a variance from the permitted uses of Title 26, the appropriate decision-making body shall make a finding that all of the following circumstances exist: (1) Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—c. Response: Notice will be sent out and posted. (2) A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically u ndevelopable, as distinguished from mere inconvenience. Response: The retaining wall needs to be replaced. (3) The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood acti vities surrounding the subject parcel. Response: Staging can be conducted in a way to minimize disruption in the neighborhood. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 (S75°11'09"E 60.00') S75°14'58"E 58.59'EEG(N14°50'49"E 100.00')N15°05'12"E 99.90' S14°5 0 ' 4 9 " W 1 0 0 . 0 0 'N75°09'11"W 60.00'BASIS OF BEARINGSFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND NO. 5 REBARSITE BENCH MARKSET FOUND NO. 5 REBAR &1-1/4" ORANGE PLASTIC CAPPROP CORNER TNC PLS38215ELEVATION:7900.84(20.90' WIDE)GRAVEL ALLEYALLEYBLOCK 46LOT PLOT QLOT OLOT NLOT RLOT SW. HYMAN AVENUE(74.80' WIDE PUBLIC)SE CORNERBLOCK 46FOUND REBAR & 1-1/2"ALUMINUM CAP(NO STAMPING)N75°09'11"W 59.92'(60.00')33.4'4.0'4.9'8.3'5.5'11.5'0.7'0.7'2.2'0.8'0.7'0.7'0.8'2.2' 9.2' 0.8' 0.8' 38.4' 21.2' 7.2'11.1'(TIE)19.8'(TIE)0.8'2.4'(TIE)13.4'5.5'APPARENTENCROACHMENTDRIVEWAY &WOOD RETAININGGRAVELDRIVEWAYWOOD RETAININGWOOD RETAININGAPPARENTENCROACHMENTR.R.TIE WALLCONCRETE APRONUPPERDECKSTEPSFLAGSTONEPATIOSIDEWALK 2 - STORYFRAME HOUSE& GARAGE312 WEST HYMAN AVENUE0.137± ACRES5976± SQ.FT.NEIG H B O R I N G R E S I D E N C ECONCRETE CURB & GUTTERPAVED ROADWAYMAILBOX4.4'APPARENTENCROACHMENTWOOD RETAININGN67°53'33"W 1237.04'(TIE)CITY OF ASPENGPS MONUMENT #7CITY OF ASPENGPS MONUMENT #6ELEVATION:7893.61S86°19'51"E 818.10'(TIE)12345678910111213141516GARAGE7901.31FFE7901.36FFE7901.33SOUTH 2 n d S T R E E T (74.62' W I D E P U B L I C ) 79047903 790 2 790179017901790179027902790379037904 10' REAR SETBACK - PRINCIPAL BUILDING5' REAR SETBACK - PRINCIPAL BUILDING USED AS GARAGE& ACCESSORY BUILDING5' MINIMUM SIDE SETBACK 5' MIN I M U M S I D E S E T B A C K10' FRONT SETBACKPRINCIPAL BUILDING15' FRONT SETBACKACCESSORY BUILDINGELECTRIC PEDESTALCATV PEDESTALWATER SHUTOFFVICINITY MAPWATER LINESEWER LINETELEPHONE LINEGAS LINECATV LINEUNDERGROUND ELECTRIC LINE TELEPHONE PEDESTALGAS METERELECTRICAL METERGLEGENDESURVEYOR'S CERTIFICATIONSURVEY NOTES:LOTS P & Q - BLOCK 46, CITY AND TOWNSITE OF ASPEN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOIMPROVEMENT & TOPOGRAPHICSURVEY PLAT TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 529 S. WILD HORSE DRIVENEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2019-115DATE: FEBRUARY 1, 2019DRAWNRPKSURVEYEDLDVSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY8'4'16'SCALE: 1" = 8'NPROPERTY DESCRIPTION:0TREE TYPE SIZE DRIPTREE CHART1230" 40'16" 32'CONIFEROUSCONIFEROUS322" 32'CONIFEROUS420" 30'566" 12'78"816'91040" 40'CONIFEROUS1112ASPEN13ASPEN14ASPEN15ASPEN16SCALE: 1" = 500'16" 32'ASPENCONIFEROUS24" 30'CONIFEROUSASPENASPENASPEN16'16'8"8"ASPEN16" 32'ASPEN8" 16'6" 12'8" 16'8" 16'ZONING:W.HYMAN AVENUEW.HOPKINS AVENUEMAIN STREET3RD STREE T 2ND STREE T 1ST STREE TSITE N109 110 PRE-APPLICATION CONFERENCE SUMMARY DATE: October 18, 2019 PLANNER: Ben Anderson, 429.2765 PROJECT NAME AND ADDRESS: 322 W. Hyman Ave., St. Moritz, Behrendt Condominiums, OWNER & REPRESENTATIVE: Michael Behrendt DESCRIPTION: The Applicant seeks approval for a variance to setbacks for a retaining wall above 30” in a setback. An existing wall retains a significant grade change between this property and the adjacent property to the east, which is owned by the City of Aspen. The structural integrity of the wall is failing and needs to be replaced. Research has not turned up previous land use approvals or a building permit for the wall. Due to site conditions, the applicant is proposing a new wall (approximately six feet in height) that will not meet requirements for the height of a retaining wall in setback. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.314 Variances REVIEW BY: • Staff for Complete Application • Board of Adjustment REQUIRED LAND USE REVIEW: Variances PUBLIC HEARING: No It is the responsibility of applicant to coordinate with Planning staff to meet the notice requirements for the public hearing. PLANNING FEES: $1,950 Deposit for 6 hours of staff time. Additional hours will be billed at $325. REFERRAL FEES: Engineering; deposit for 1 hour at $325. Additional hours will be billed at $325. Parks; Flat fee of $975 TOTAL DEPOSIT: $3,250 APPLICATION CHECKLIST – These items should first be submitted in a paper copy. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). 111 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. If using a representative to file the application, applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached to Application) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Please submit photos of the existing wall and detailed plans of the proposed, new wall. A letter from City of Aspen Asset Department indicating support for the project and authorizing work from the City’s property for the reconstruction of the wall. Staff will initiate a request for this letter from City Asset. Written responses to applicable review criteria (provided; staff can provide assistance with the responses). Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 112 113 1,128 188.1 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0188.194.04 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 10:29 AM 12/04/20 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Full Address Parcel Boundary Rivers and Creeks Continuous Intermittent River, Lake or Pond Federal Land Boundary BLM State of Colorado USFS 114 115 116 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 www.titlecorockies.com Commitment Ordered By: Michael Behrendt 334 W Hyman Avenue Aspen, CO 81611 Phone: 970-319-7204 Fax: Inquiries should be directed to: Susan Hass Title Company of the Rockies 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 Commitment Number:0706613-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):H. Michael Behrendt Trust Property:322 W. Hyman Avenue, Aspen, CO 81611 City and Townsite of Aspen, Block 46, Lot N-O, Pitkin County, CO TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $300.00 $300.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). 117 ALTA Commitment (6-17-06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. 004-UN ALTA Commitment (6-17-06) Issued by: 620 East Hopkins Avenue Aspen, CO 81611 Authorized Agent 118 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security1. instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse2. claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and3. such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of4. title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. 119 COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 0706613-C 1.Effective Date: August 21, 2020, 7:00 am Issue Date: September 02, 2020 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: H. Michael Behrendt Trust 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R000111 Countersigned The Title Company of the Rockies By: Mike Mulligan This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 120 Commitment No: 0706613-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: Lots N and O, Block 46, CITY AND TOWNSITE OF ASPEN This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 121 Commitment No: 0706613-C COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 122 Commitment No: 0706613-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 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. Reservations and Exceptions as set forth in the Deed from the City of Aspen recorded February 1,7. 1889 in Book 59 at Page 541 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. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 4 123 Commitment No: 0706613-C Terms, agreements, provisions, conditions and obligations as contained in Agreement to Grant8. Easement Agreement recorded July 15, 1986 in Book 514 at Page 512. Those covenants, conditions, obligations, easements and restrictions which are a burden to the9. Condominium Unit described in Schedule A, and set forth in the Condominium Declaration recorded November 6, 1987 in Book 550 at Page 278. Terms, agreements, provisions, conditions and obligations as contained in Statement of Exception10. recorded November 6, 1987 in Book 550 at Page 314. Easements, rights of way and all other matters as shown on the Plat of Resubdivision of Lots K,11. L, M, N & O, Block 46, City and Townsite of Aspen, filed January 15, 1982 in Plat Book 12 at page 54. Easements, rights of way and all other matters as shown on the Plat of Behrendt Condominiums,12. filed November 6, 1987 in Plat Book 20 at Page 20. Terms, agreements, provisions, conditions and obligations as contained in Ordinance No. 2,13. Series of 1997 recorded September 3, 1997 at Reception No. 407979. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. The only conveyance(s) affecting said land preceding the date of this commitment is (are) as follows: BARGAIN AND SALE DEED recorded April 21, 2011 at Reception No. 579309 STATEMENT OF AUTHORITY recorded March 10, 2015 at Reception No. 617991 This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 5 124 Commitment No: 0706613-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 6 125 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 7 126 Commitment No: 0706613-C Page 8 127