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HomeMy WebLinkAboutagenda.boa.202201061 AGENDA ASPEN BOARD OF ADJUSTMENT January 6, 2022 4:30 PM, Sister Cities Meeting Room 130 S Galena Street, Aspen I.WEBEX MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2557 822 0218 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2557 822 0218 Enter Password: 81611 II.ROLL CALL III.COMMENTS IV.MINUTES V.DECLARATION OF CONFLICT OF INTEREST VI.PUBLIC HEARINGS VI.A.Resolution No. 1, Series of 2022 333 Park Avenue Dimensional Variance 333 Park Avenue_Memo.pdf Exhibit A- 333_Park_Ave_Variance Review Criteria.pdf Exhibit B-BOA Resolution_333_Park Avenue_Draft.pdf Exhibit C-Variance Application.pdf VII.OTHER BUSINESS VII.A.Election of Chair and Vice-Chair 1 2 VIII.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 9, 2021 2 Page 1 of 6 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 333 Park Avenue, Dimensional Variance Review Resolution No. 1, Series of 2022 MEETING DATE: January 6, 2022 APPLICANT: BMH Investments LTD REPRESENTATIVE: Sara Adams, BendonAdams LOCATION: 333 Park Avenue. Lot 1 of the Sunny Park Subdivision. CURRENT ZONING AND USE: 333 Park Avenue is located within the R-6 zone district and is a historic site developed with two historic 19th century landmarks with various non-historic additions. Work is underway to relocate the landmark designation and historic resources to a different property, leaving a vacant lot once the work is complete. The historic resources have now been relocated since the last BOA meeting on November 14, 2019. Lot Size: 10,418 square feet (0.24 acres) SUMMARY OF REQUEST: The Applicant requests front yard, side yard, and combined side yard dimensional setback variances from the minimum required in the R- 6 zone district to accommodate construction of a new single-family residence. The variance requests respond to two access easements, steep slopes, and stream margin constraints that encumber the subject property. STAFF RECOMMENDATION: This variance was approved on November 14, 2019 as Resolution No. 5, Series of 2019. However, the variance expired after a year before work commenced, so the applicant is requesting the variance from the Board of Adjustment again. Staff recommends the BOA make a finding that a hardship does not exist on the subject property and deny the variance requests. FIGURE 1: CURRENT CONDITIONS 3 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: This variance was approved on November 14, 2019 as Resolution No. 5, Series of 2019. However, the variance expired after a year, so the applicant is requesting the variance from the Board of Adjustment again. The historic resources have now been relocated. 333 Park Avenue is identified as Lot 1 of the Sunny Park Subdivision. Currently, 333 Park Avenue is a historic site with two historic 19th century landmarks with various non-historic additions. The historic landmarks are approved to be relocated to 931 Gibson Avenue by City Council Ordinance #22, Series of 2018. Once safe relocation occurs, the historic designation on 333 Park Avenue will be removed and the designation on 931 Gibson Avenue will be added, and ultimately leaving the lot vacant. The future vacant lot is the subject of the variance requests. 333 Park Avenue is bound to the west, north and east by residential development. It is bound to the south by the Roaring Fork River. As such, 333 Park Avenue is required to comply with stream margin constraints such as a 15 ft. rear setback from the Top of Slope, and a 45-degree progressive height limit from the top of slope on the south side of the property. The north side of the property also encompasses a private vehicular access easement and an emergency access easement turnaround. Figure 2: 2018 aerial depicting the subject Lot: 4 Page 3 of 6 R-6 ZONE DISTRICT: The R-6 zone district requires the following minimum setbacks for a 10,418 square foot lot: • Front Yard: Principal buildings 10’ and Accessory buildings 15’. • Side Yard: Minimum 15’ with a total combined side yard setback of 36’. • Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’. For the purposes of determining the required setbacks for the subject property, the following map (Figure 3) identifies the front, side, and rear property boundaries: • Front Property Line: Red • NW Side Property Line: Green • SE Side Property Line: Blue • Rear Property Line: Black Figure 3 5 Page 4 of 6 REQUEST: The Applicant requests approval for dimensional setback variances for this lot to accommodate construction of a proposed new single-family residence. Specifically, the following variances are requested: 333 Park Avenue Setback Variances: • Front Yard Setback Variance: 6” setback to the edge of the easement (10’ required from easement) • NW Side Yard Setback Variance: 10’ setback (15’ required) • SE Side Yard Setback Variance: 5‘ setback (15’ required) • Combined Yard Setback Variance: 15’ combined setback (36’ combined required) Figure 4: Proposed site plan* *The dark grey shading corresponds to those portions of the proposed new residence requiring the requested varianc e. 6 Page 5 of 6 *When all minimum R-6 Zone District setbacks are applied, in addition to the stream margin constraints, the remaining area left for development of a new single -family residence is ≈2,017 sq. ft. *The light grey shading corresponds to that portion of the proposed new residence that satisfies all R-6 Zone District setbacks and the stream margin requirements. *The dotted outlines illustrate the footprint of the existing house. REVIEWS SETBACK VARIANCE: The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City is able to grant a variance to avoid a “regulatory taking”. The property owner must demonstrate that their rights, as compared with owners of similar properties, have been deprived. In considering these criteria, the Board of Adjustment must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. STAFF COMMENTS Staff responses to the Variance review criteria can be found in Exhibit A. In review of the application, Staff is concerned that the application does not show compliance with the applicable variance review criteria, specifically criterion 3. Land Use Code Section 26.314.040.A.3 highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast to the creation of a “mere inconvenience”. In consideration of this Code language, it should be noted that the property does have a 2,017 sq. ft. buildable area within the lot which satisfies all setback requirements and the stream margin. Denial of the requested front, side, and combined side setback variances for a single-family residence will not deny the property’s fundamental development rights or cause an unnecessary hardship, though denial may result in an inconvenience to the Applicant. Additionally, Staff is concerned that Land Use Code Section 26.314.040.A.3.a is not satisfied and that a special circumstance or condition does not exist on the property to warrant the finding of a hardship. The Applicant has argued that a hardship has resulted from two access easements to the front of the property, extensive steep slopes, a Top of Slope 15’ setback at the rear of the property, and a progressive 45-degree height limit. It is common for properties to be set back from road easements and rights-of-way in the City of Aspen. It is also common that properties in this zone district face the same conditions and circumstances, such as a progressive 45 -degree height limit and Top of Slope 15’ setbacks, as are present on this lot. Lastly, should the BOA consider the finding of a hardship on the property and the granting of a variance for the proposed single-family residence, consideration should be given to the adequacy of the proposed 6” front yard setback dimension from the edge of the access easement on the north side of the subject property. Staff is concerned about the proposed 6” setback from the southern edge of the access easement. If the new proposed residence is constructed only 6” from the access easement, potential impacts to road maintenance and snow removal, as well as increased perceived bulk and mass of the new residence from the road may be created. If the BOA is inclined to grant a front setback variance, then the afore described impacts upon the access easement, and the perceived bulk and mass concerns should be factored in to a potential finding of a hardship. Again, staff believes that the 10-foot front setback required in the R-6 Zone District is appropriate and should be maintained. Any consideration for side yard setback variances should relate to the development pattern in the neighborhood, particularly the neighboring properties to the east and west. REFERRAL AGENCIES Staff referred this request to the Engineering Department for a cursory review of the proposed single-family residence. Due to the requirements that no stormwater treatment can occur in the 15’ Top of Slope setback or within 10’ of foundations, engineering states that there are serious concerns over the reduced setbacks leaving little room for stormwater treatment and detention as well as accommodating historic drainage patterns. 7 Page 6 of 6 Staff also referred the application to the City Parks Department who provided comments on the request. Parks requested no activity be permitted within the Top of Slope 15’ setback other than restoring native vegetation. Parks is concerned that the trees on neighboring lots will be impacted with this variance request. If trees are impacted on the neighboring lots, Parks will require approval from the homeowners and tree dripline excavation permits. Additionally, if constructed, the window well on the east side of the house may need to be modified due to potential impacts of trees. RECOMMENDATION: Staff finds that this application reflects a request of inconvenience rather than a hardship, and that there may be alternative design solutions to achieve compliance with setbacks. Staff recommends that the BOA make a finding that a hardship does not exist on the property and pass a motion to deny the requests. ALTERNATIVE: The BOA may want to make a finding that a hardship exists on the property and pass a motion to approve a portion of the variance requests. Should the BOA find a hardship exists on the property, a potential motion should reflect the existing surrounding development pattern relating to side yard setbacks in the neighborhood. The property to the east is setback ≈14’ from the SE property line. Additionally, the property to the west is setback ≈12’ from the NW property line. These existing side yard setbacks on neighboring properties provide a context and basis for determining potential side yard setback variances for the subject property. PROPOSED MOTION (All motions are proposed in the affirmative): 1) “I move to approve the denial of BOA Resolution No. 1, Series 2022.” (this reflects Staff’s recommendation) Or, in the alternative: 2) “I move to approve BOA Resolution No. 1, Series 2022 and find that a hardship exists on the property.” ATTACHMENTS: Exhibit A – Variance Review Criteria, Staff Findings Exhibit B - BOA Resolution No. 1, Series 2022 Exhibit C – Application 8 Exhibit A –Variance Review Criteria Chapter 26.314, Variance A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: The purpose of the City’s land use code not only protects the public’s health, safety, and welfare, but also identifies a property’s rights which includes reasonable expectations for property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practicable. Staff finds this criterion not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findings: Staff finds that reasonable use of the parcel can be accomplished using the roughly 2,000 sq. ft. of buildable area compliant with R-6 setback and stream margin requirements. Staff finds this amount of area is sufficient to construct a single-family residence. Staff finds this criterion not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Findings: This section highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast to the creation of a “mere inconvenience”. In consideration of this Code language, it should be noted that the property is subject to circumstances that affect other properties in the same zone district. It is common for buildings to be set back from road easements in the City of Aspen. It is also common that properties in this zone district face the same conditions and circumstances, such as a progressive 45-degree height limit and Top of Slope 15’ setback, as are present on this lot. Additionally, steep slopes affect numerous parcels in the zone district and surrounding neighborhoods. Denial of the requested front, side, and combined side setback variances 9 for the construction of a single-family residence will not deny the property’s fundamental development rights or cause an unnecessary hardship. Additionally, Staff is concerned that a special circumstance or condition does not exist on the property to warrant the finding of a hardship. The Applicant has argued that a hardship has resulted from the access easements to the front yard area, the top of slope 15’ setback to the rear, and extensive steep slopes which, in turn, has constrained the buildable area of the lot. The Applicant argues that the constraints are more than a mere inconvenience and constitute an unnecessary hardship. The Land Use Code stipulates that there must be special conditions and circumstances that are unique to the parcel, which are not applicable to other parcels. The circumstances on this parcel are common to other parcels within the same zone district. Staff finds this criterion not met. b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Staff finds that should the BOA find that a hardship exists, property specific findings should be made so that special privilege is not conveyed with the grant of a variance. Staff finds this criterion conditionally met. 10 Board of Adjustment Resolution No. 1, Series 2022 Page 1 of 3 RESOLUTION NO. 1 (SERIES OF 2022) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1, SUNNY PARK SUBDIVISION, COMMONLY KNOWN AS 333 PARK AVENUE Parcel ID No: 273718100017 WHEREAS, the Community Development Department received an application for 333 Park Avenue, (the Application) from BMH Investments LTD. (Applicant), represented by Sara Adams of BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, the subject property is within the R-6 zone district, is 10,418 square feet in size, and requires compliance with the following minimum setback dimensions: • Front Yard: Principal buildings 10’ and Accessory buildings 15’ • Side Yard: minimum 15’ for a total of 36’ on both sides • Rear Yard: Principal buildings: 10’. For the portion of a principal building used solely as a garage: 5’. Accessory buildings: 5’ • There also exists a Top of Slope 15’ setback that further constrains the lot and a progressive 45- degree height limit from Top of Slope. WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – December 6th, 2021, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on January 6th, 2022; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant side yard setback variances that relate to the existing development pattern in the immediate neighborhood; and, WHEREAS, during a duly noticed public hearing on January 6th, 2022, the Board of Adjustment approved Resolution 1, Series of 2022, by a _____ to _____ vote, granting approval for Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site plan and renderings: 333 Park Avenue • Front Yard Setback Variance: 6” setback for construction of a new single-family residence. • NW Side Yard Setback Variance: 12’ setback for construction of a new single-family residence. • SE Side Yard Setback Variance: 14’ setback for construction of a new single-family residence. • Combined Side Yard Setback Variance: 26’ combined setback for construction of a new single- family residence. 11 Board of Adjustment Resolution No. 1, Series 2022 Page 2 of 3 No other development other than grading as represented shall be permitted within established R-6 setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. Section 2: Prior to construction of the new single-family residence, the Applicant shall apply for the appropriate building permits. The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. Section 3: Prior to removal of any trees on the properties, the Applicant shall apply for and receive appropriate permits from the Parks Department, which may include submittal and review of a detailed landscape plan. All tree removal shall comply with rules and regulations as deemed necessary by the Parks Department. If trees are impacted on neighboring lots, the Applicant shall receive homeowner approval and apply for and receive tree dripline excavation permits. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date of the approval unless development has commenced as illustrated by the submission of a building permit or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not vested, and will not receive a Development Order. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 12 Board of Adjustment Resolution No. 1, Series 2022 Page 3 of 3 FINALLY, approved this 6th day of January, 2022. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Nicole Henning, City Clerk 13 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 20, 2019 Aspen Community Development Department Board of Adjustment City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 333 Park Avenue – Setback Variance Requests Dear ComDev and BOA, Please accept this application for setback variances to allow for the development of a single-family home on the property referred to as 333 Park Avenue. Required setbacks of the R-6 Zone District are prohibitive and for the development right to be exercised on this property, the applicant seeks setback variances to construct a modest home. The property is 10,418 sf in size; however, the actual lot size is just over 6,000 sf after deducting slopes, areas below the high-water line and the access easement. The reduction in gross lot area does not proportionally reduce required setbacks, which in turn creates a prohibitive development situation that is exacerbated when additional restrictions like stream margin height and setback limits, and an access easement through the front yard, are also applied to the property. Figure 1: Vicinity Map. Blue Star indicates 333 Park Ave. Note the location of the property in relationship to Park Ave. 14 333 Park Ave Board of Adjustment Background The 333 Park property is located off Park Avenue with access via an easement that also provides vehicular access to three other properties. Two historic 19th century landmarks are on the site with various non- historic additions. The landmarks are approved to be relocated to Gibson Avenue after City Council decided that site restriction at 333 Park Ave could not accommodate an appropriate historic preservation project. Landmark designation is approved to be exchanged from 333 Park to 931 Gibson after the landmarks are safely relocated to the 931 property. As part of the relocation request, City Council granted approval to remove all non-historic additions prior to relocation of the resources to 931 Gibson. The work is currently underway with regular site visits by HPC members and City staff. The vacant lot, after the historic buildings are removed, is the subject of this application. Owners Brian and Shelly Hendry propose a single-family home for their family of 4 kids and two dogs. Even though it is a vacant lot, there are serious site constraints that create hardships on the property. The property fronts the Roaring Fork River and is subject to Stream Margin Review. A private vehicular access easement bisects the front of the property to allow access to 333 Park Avenue and to adjacent properties 341/346 Park and 329 Park. And, an emergency access easement turnaround is located at the north west of the property. The design team has been very careful to meet all Stream Margin Review requirements and to meet the Residential Design Standards - placing an emphasis on environmental protection and Figure 2: 333 Park façade facing the access easement before partial demolition this summer. Figure 3: Detail showing site constraints. 15 333 Park Ave Board of Adjustment neighborhood character. There are multiple regulations that push and pull and twist the developable area on this property, resulting in the request for setback variances. Setback variances The City of Aspen Land Use Code (“Code”) reduces the gross lot size of a property based on specific conditions such as steep slopes, areas below water, and areas within an access easement. The stream margin area pushes development 15 feet from the top of slope line which cuts the property almost in half, and the 45-degree progressive height limit measured from the top of slope reduces allowable height. Alternately, the vehicular access easement effectively shifts the measurement of the front setback from the property line back to the edge of pavement, which pushes development toward the river and the stream margin setback and height restrictions. 333 Park has numerous development restrictions where most properties only have one. In addition to the access easement, emergency access turnaround area, and the stream margin regulations, the lot is sloped and partially underwater which limits allowable floor area but does not reduce setback requirements . 333 Park is 10,418 sf in gross lot area but is reduced to 6,048 sf in “net lot area.” The Code uses net lot area to determine total floor area allowed to be built – the larger the net lot area the more square footage allowed and vice versa. However, setback requirements are determined using gross lot area which means that a large lot with steep slopes and unbuildable area like 333 Park has a 36 feet combined side yard setback based on the ~10,000 gross lot size, but an actual buildable area of ~6,000 sf (which in the R-6 Zone District should have a combined side yard setback of 10 feet). As demonstrated in Table 1, the project meets requirements for the actual buildable size of the lot (net lot area). Setback variances are requested to allow for a modest single family home: Table 1. Required and proposed setbacks. R-6 Setback 10,418 sf gross lot area 6,048 sf net lot area Proposed Front 10’ 10’ 12’3 to property line 1’ to edge of pavement 6” to edge of easement Side (NW) 15’ 5’ 10’ Side (SE) 15’ 5’ 5’ Combined Side 36’ 15’ 15’ Rear 10’ 10’ 15’ to top of slope Stream Margin Review – Exhibit B The proposed project meets Stream Margin Review requirements for an administrative approval as demonstrated in Exhibit B. The proposed footprint removes existing encroachments into the stream margin setback area and completely removes the building from intersecting the progressive stream margin height limit requirement. 16 333 Park Ave Board of Adjustment Residential Design Standards – Exhibit B Applicable Residential Design Standards for 333 Park are met. Literal enforcement of the R-6 setbacks eliminates any potential for this property to be developed. The proposed home is modest in size and responsive to the City’s design standards. A Transferrable Development Right is proposed to land on this property from the designation and restoration of the landmarks at 931 Gisbon. The TDR does not impact the setback variances or the massing – it is only used to account for a deck on the second floor. The setbacks proposed are the minimum necessary to make for reasonable use of the property and to avoid a hardship on the owner. We believe the Board of Adjustment’s approval of the setback variances is well within the spirit and intent of the City’s Land Use Code as well as necessary to avoid an unreasonable hardship upon the landowner. Approval would be defensible from a standard-of-review standpoint and a responsible action of the Board. We look forward to your review and commentary and an opportunity to discuss this request with the Board of Adjustment. Please let us know if we can provide additional information, if we can assist with a site visit, or if we can respond to your input in any way. Kind Regards, Kind Regards, Sara Adams, AICP sara@bendonadams.com 970-925-2855 Attachments: A – Variance Standards of Review B – Administrative Reviews (Stream Margin and RDS compliance form) C – Land Use application + Dimensional Requirement Form D - Agreement to pay form E – Stream Margin notice of approval F – Pre-application summary G - Authorization to represent H - Disclosure of ownership I - HOA compliance form J - Vicinity Map K – Mailing list L – Drawings M – Survey N - Streetscape 17 333 Park Ave Exhibit A – Standards for Review Exhibit A 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” All development and uses of land are to be considered within the context of “natural environmental character of the City” and architectural/aesthetic character of the City. This project seeks to comply with the City’s strict environmental protection for the Roaring Fork River and to comply with the design standards for residential development. The purpose of the R-6 Zone District includes use for long-term residential uses with customary accessory uses. Following is the purpose statement for the R-6 Zone District, as stated in the City of Aspen Land Use Code: 18 333 Park Ave Exhibit A – Standards for Review The property is zoned for single-family development and the owner has a legitimate and reasonable expectation to be able to develop a single-family home. The purpose directly states that lands contain “relatively dense settlements…” which infers that homes are built relatively close together. A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Just less than half of the lot is unbuildable, an access easement in the front yard, and an emergency access easement in the side yard pushes development to the sides and the rear of the lot toward the river. An emergency access easement in the west side yard further restricts development on the site. The applicant proposes a single-family home that is sunken into the lot in order to adhere to the progressive height limit projecting from the stream margin top of slope boundary. The proposed home includes living space and bedrooms in the basement level, limited living space and a two-car garage on the main level, and a modest master suite on the second floor. The property is required to park two cars onsite - a reduction in parking is not requested nor contemplated as the neighborhood cannot accommodate on-street parking. The side yard setback variances provide space for a second garage bay to meet required onsite parking, and utilize below grade living space to avoid conflict with the stream margin height limit. The front yard variance results from the measurement between the access easement/edge of pavement to the front façade of the building. The access easement runs through the front yard which, according to the Code, shifts the front lot line to the easement boundary/edge of pavement closest to the proposed house. The 15’ stream margin setback requirement from the rear top of slope pushes the developable area toward the easement resulting in a front yard setback variance. The adjacent homes also have front and side variances due to the push and pull of the stream margin setback and the location of the access easement. Figure 1: Detail of 333 Park Ave showing required setbacks and proposed intrusions. 19 333 Park Ave Exhibit A – Standards for Review As demonstrated in Figures 1 and 2, the requested variances are the minimum needed to construct a single family home with 2 required parking spaces to meet Land Use Code requirements. The variances are similar to adjacent properties that are inflicted with similar hardships, but are larger lots with more buildable area. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished form mere inconvenience. In determining whether an applicant’s rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Figure 2: Figure ground of 333 Park and adjacent properties. Dark grey shows areas within the setbacks. 333 Park 20 333 Park Ave Exhibit A – Standards for Review 333 Park has numerous development restrictions where most properties only have one. The stream margin area pushes development 15 feet from the top of slope line which cuts the property almost in half, and the 45-degree progressive height limit measured from the top of slope reduces allowable height. A vehicular access easement in the front yard pushes development toward the river and the stream margin setback and height restrictions. In addition to the access easement and the stream margin regulation, the lot is sloped and partially underwater which limits floor area but does not reduce setback requirements. The Code reduces the gross lot size of a property based on specific conditions such as steep slopes, areas below water, and areas within an access easement. 333 Park is 10,418 sf in gross lot area but is reduced to 6,048 sf in “net lot area.” The Code uses net lot area to determine total floor area allowed to be built – the larger the net lot area the more square footage allowed and vice versa. However, setback requirements are determined using gross lot area which means that a large lot with steep slopes and unbuildable area like 333 Park has a 36 feet combined side yard setback based on the ~10,000 gross lot size and an actual buildable area of ~6,000 sf which in the R-6 Zone District should have a combined side yard setback of 10 feet. A typical R-6 parcel (60ft wide by 100ft deep) provides a development area within the property equal to approximately 60% of the total property area. 333 Park has a development area of about 19.8% of the lot. As demonstrated in Table 1, the project meets requirements for the actual buildable size of the lot. Setback variances are requested to allow for a modest single family home: Table 1. Required and proposed setbacks. R-6 Setback 10,418 sf gross lot area 6,048 sf net lot area Proposed Front 10’ 10’ 12’3 to property line 1’ to edge of pavement 6” to edge of easement Side (NW) 15’ 5’ 10’ Side (SE) 15’ 5’ 5’ Combined Side 36’ 15’ 15’ Rear 10’ 10’ 15’ to top of slope The special condition of this lot is very unique. The applicant did not create this situation. The parcel has existed in this configuration for decades and is not the result of the owner’s actions. The setback situation is far beyond an inconvenience. Complying with the setbacks, literal interpretation, creates an unnecessary hardship for the Hendry family. The requested setbacks are the minimum necessary for the property to be developed and to provide the property with the same privilege allowed other properties in the same zone district, pursuant to the City’s Land Use Code. 21 333 Park Ave Exhibit B – Administrative Reviews Exhibit B 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Not Applicable. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Not Applicable. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and The property is zoned R-6. An increase in floor area from 3,615sf (existing) to 3,694sf is proposed which is well under the required 10%. This property has not yet received a stream margin exemption that increase floor area. The only stream margin exemption to date is included as exhibit E and relates to the preparation of the historic landmarks for relocation to Gibson Avenue. b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 22 333 Park Ave Exhibit B – Administrative Reviews The project is not requesting any tree removals that require a permit. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high-water line than is the existing development; The development is no closer to the high water line than the existing development as shown on sheet A1.2 in the drawing set (exhibit L) and below. d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Not Applicable. There is no approved building envelope for this site. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plain. Figure 1: Comparison of existing building footprint (black dotted line) to proposed building footprint. 23 333 Park Ave Exhibit B – Administrative Reviews The proposed building is outside of the 100-year flood plain as indicated on the survey, the drawing set, and on Figure 1. 24 Residential Design Standards Administrative Review Section 26.410.020.B. of the Land Use Code requires an Administrative Review for compliance with the Residential Design Standards (RDS) for all residential projects, unless otherwise exempted pursuant to Section 26.410.010.C. All residential projects affecting the exterior of the building shall submit for RDS Administrative Review prior to building permit submittal. If exterior work is proposed, and the scope of work meets one of the exemptions listed above, staff shall provide a signed exemption form to be included in the building permit application. Review Process: The Community Development Department staff shall review an application for applicability and compliance with Chapter 26.410, Residential Design Standards. If the application complies with all applicable standards as written, a signed Checklist and stamped plan set shall be provided to the applicant to be included with building permit submission. If the application does not comply with one or more applicable standards, an unsigned Checklist and redlined plan set shall be emailed to the applicant including comments from staff on which standard(s) the application does not comply with and a description of why the standard(s) is not compliant. The applicant shall be provided the opportunity to revise and resubmit the design in response to the comments. Staff will keep an application open for 30 days from the date an unsigned Checklist is emailed to the applicant. If after such time no revisions are submitted, the application will expire. Application for RDS Administrative Review: An application for RDS Administrative Review that DOES NOT require Alternative Compliance (see Page 2) shall be submitted to the Community Development front desk on a USB drive or emailed to planneroftheday@gmail.com. Applicants will be notified of received application by email and if additional documents are required. Certain application requirements may be waived by staff depending on the scope of work. An application for RDS Administrative Review shall include the following documents in digital format: • Site improvement survey certified by a registered land surveyor (no older than one year from submittal date) • Proposed Site plan (scaled 24”x36”) • Proposed Floor plans (scaled 24”x36”) • Proposed Elevations (scaled 24”x36”) • Existing Elevations if a remodel (scaled 24”x36”) • Complete scope of work noting all exterior areas affected by the proposed project • Complete RDS applicant checklist (attached) addressing how each standard is met with sheet references for each standard Page 1 of 2 25 Alternative Compliance or Variation: Pursuant to 26.410.020.C, projects that do not meet the criteria for Administrative Review or Alternative Compliance (as determined by staff) may be reviewed by the Planning & Zoning Commission, or HPC if appropriate, at the applicant’s request. An applicant may choose to apply directly for a Variation from the Planning & Zoning Commission or Historic Preservation Commission, pursuant to Chapter 26.410.020.C. A pre-application summary will be required for an Alternative Compliance or Variation request. Application for Alternative Compliance or Variation: An application for Alternative Compliance or a Variation will require a pre-application summary provided by Community Development staff, and shall be submitted as a Land Use Application. Required application submittal items shall be outlined in the pre-application summary. Page 2 of 2 Residential Design Standards Administrative Review 26 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 27 Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Page 2 of 2 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex 28 November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ___________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ Landmark designated property with two historic buildings and multiple non-historic additions. Approval granted by HPC and City Council to relocate the historic buildings. The site is current under construction to prepare the historic buildings for relocation to Gibson Avenue. A new single family home is proposed with setback variance requests. BOA review for setback variances 1 exhibit C Admin review for RDS and Stream Margin exemption 29 30 31 NOTICE OF APPROVAL FOR STREAM MARGIN EXEMPTION FOR THE PROPERTY LOCATED AT 333 PARK AVENUE, AS LEGALLY DESCRIBED IN EXHIBIT A. Parcel ID No. 2737-181-00-017 APPLICANT: SUBJECT & SITE OF AMENDMENT: BMH Investments, LTD 1001 FANNIN STREET, #3850 HOUSTON, TX 77002 333 Park Avenue ASPEN, CO 81611 SUMMARY: The applicant is requesting an administrative Stream Margin Exemption approval to demolish non-historic additions and stabilize the historic buildings that will remain on the site until they are relocated to 931 Gibson Avenue. REQUESTED REVIEW: •Stream Margin Exemption per Section 26.435.040.B related to proposed demolition of non-historic additions located within 100' of the Roaring Fork River's high water line. The Community Development Director is the final review authority. BACKGROUND: Historically designated in 1995 (Ordinance No. 4, Series of 1995), 333 Park Avenue contains two Victorian era structures moved to this location from Main Street in the 1960s. During this relocation, the front of the historic house was oriented to face the Roaring Fork River, and several bandit units were added around the historic structures over the years. City Council granted the applicant approval to relocate the two historic structures at 333 Park Avenue to 931 Gibson Avenue and historically designate 931 Gibson Avenue following the safe relocation of the historic structures to this site. Subsequently, the historic designation on 333 Park Avenue will be rescinded after relocation (Ordinance No. 22, Series of 2018). PROPOSAL: Prior to relocation of the two historic structures, the non-historic additions are to be removed and the remaining historic structures will be stabilized under the supervision of a structural engineer and relevant City departments. Asbestos and lead paint mitigation will occur before demolition of the non-historic additions. Other than structural elements needed to stabilize the remaining historic structures following abatement and demolition, no new development is proposed on this site for this approval. As part of this scope of work, the applicant requests the construction fencing be in place for a maximum time period of 18 months from building permit issuance. 333 Park A venue Stream Margin Exemption Page I of6 exhibit E 32 STAFF EVALUATION: Stream Margin Review is required because demolition is considered development; however, since no expansion is proposed there will be no increase in floor area or increase in site coverage within the 100-year flood plan. The proposed demolition will not cause the remaining structure to extend any closer to the high water line and 333 Park Avenue does not have an approved building envelope. Following the demolition of existing non-historic additions, the remaining historic structures will remain on site until the building foundation is complete on the receiving site. Engineering and Construction Management Plan (CMP) regulations will require site stabilization on 333 Park Avenue following the removal of the non-historic additions. The criteria for erosion prevention and sediment control must be addressed. See the Stormwater Management section of the CMP Manual for more details. Site stabilization includes drainage patterns before and after demolition and irrigation and planting measures. The applicant must repair damaged areas within the Top of Slope and 15 feet setback to riparian condition as outlined within the Urban Runoff Management Plan (URMP). All disturbed areas must be established with reasonable completion to ensure the neighbors and river are not negatively affected. The proposal does not require the removal of any trees on the site for this scope of work. The proposed silt fence along the top of slope avoids disturbing the trees nearby. Additionally, the applicant proposes to place protective fencing around the trees located towards the south east corner of the property. Staff finds this application meets the required criteria for a Stream Margin Exemption. Please see Exhibit C for Review Criteria. Engineering and CMP reviews require site stabilization following demolition. According to the approvals granted by City Council, the allocation of any fee credits for demolition work on 333 Park Avenue shall remain with the parcel where the structures are currently located, and credits shall only be given for legally established floor area. The non- historic additions, including the basement, proposed for demolition are identified as bandit units that were not legally established, therefore, no reconstruction credits will be given for these units. As a result, the applicant requests a total floor area credit of 1,882.04 square feet for only the historic structures. Staff finds that the total floor area of the historic structures to be correct and the request for this credit is in compliance with the approved City Council ordinance. The applicant has requested for the construction fence to remain in place for a maximum of 18 months from building permit issuance for 333 Park Avenue. According to the CMP submitted with this application, the proposed construction fence is a 6'-o" tall chain-link fence faced with 333 Park Avenue Stream Margin Exemption Page 2 of6 33 a mesh visual screening material. The placement of this fence will include the public right-of- way and the east and west side yards of the property (Figure 7). The proposed fencing material is only permitted under CMP regulations (Section 4.5 of CMP) and the duration of construction fencing is defined by an active permit. Due to the unique conditions and scope of work on this site, there are concerns related to protecting the historic structures and securing the stream margin area. As a provisional approval, an extension of the CMP approved fence to remain up for no more than 30 days beyond the completion of work for the permit is permitted. Beyond this extension, the applicant is required to remove the construction fencing and any other aspects of construction mobilization, subject to the IBC/IRC code and the CMP Manual. For the purposes of securing the site, the applicant may submit for a fence permit that complies with the Land Use Code without additional stream margin review. \ \ \ ' ' EX$1110 3-STOAY AES!O!lHl.11.STF.\!CTUAE ----.. ----... ------- Proposed construction fence Figure 1: Site plan with proposed construction fence and job site configuration 333 Park Avenue Stream Margin Exemption Page 3 of6 34 Staff finds that the proposed construction fence meets the CMP requirements and will be permitted to remain with an active building permit, pursuant of Engineering and CMP review criteria. If no active work related to demolition and site stabilization occurs on site, following the 30 day extension, the applicant will be required to remove the construction fence but may apply for a fence permit as outlined in the conditions for approval. DECISION: The Community Development Director finds the application for Stream Margin Exemption to be consistent with the review criteria (Exhibit C) and thereby, APPROVES the request, with the following conditions: 1. Following is the anticipated permit order: o Repair Permit (#0003.2019.ARBK). o Demolition Permit, which will include stabilization of the site. o Timing of relocation to 937 Gibson to be established through HPC review process. 2. At the time of issuance of demolition permit, the following is required: o Bond amount of $45,000 for the two historic buildings. o Narrative for irrigation and planting measures for immediate stabilization of the site after demolition. o Drainage patterns of the site before and after demolition. 3. The demolition calculations totaling 1,882.04 square feet for the two historic structures to remain as credits on 333 Park Avenue, is confirmed. 4.Pursuant to the CMP requirements, Section 3.2, public notification of surrounding neighbors within 300 ft radius will occur prior to work commencement. 5. The following fencing is permitted: o Construction fence as approved in ClvlP for the repair permit may be extended to cover work occurring under the demolition permit. o The approved construction fence is permitted to remain up for no more than 30 days beyond final work in the demolition permit as a provisional approval. Construction fencing pursuant to another subsequent active permit within the 30 days shall supersede this request. o The applicant may submit for a fence permit that complies with height and materials in the Land Use Code without additional stream margin review for the purposes of site security, if one is needed following the removal of the construction fence. 333 Park Avenue Stream Margin Exemption Page 4 of6 35 APPROVED BY: �J ssii;:a Garro ommunity Development Director Attachments: Exhibit A -Legal Description (Recorded) Exhibit B -Demolition and Floor Area Calculations (Recorded) Exhibit C -Review Criteria and Staff Findings (In file) Exhibit D -Application (In file) 333 Park Avenue Stream Margin Exemption Page 5 of6 36 EXHIBIT A: Legal Description of Address 333 Park A venue A tract of land situated in the Southwest 1/ 4 of the Southeast 1/ 4 of Section 7 and in the Northwest 1/ 4 of the Northeast 1/ 4 of Section 18, Township 10 South, Range 84 West of the 6th P.tv1., Pitkin County, Colorado. Said tract is part of the Lone Pine tv1.S. 1910 and the Mollie Gibson Lode, tv1.S. 4281 Am and is more fully described as follows: Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 43 °4 0'0 0" W 146.00 feet and S 38 °00'0 0" W 100.00 feet; thence S 46 °20 '00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which curve bears S 55 °17'30" E 16.12 feet; thence S 66 ° 55'00"• E 49,99 feet along said centerline; thence S 32 ° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34 ° 17'00" W 59,99 feet; thence N 52 ° 40'00" E 34,33 feet; thence N 43 °40 '00" W 32.60 feet; thence N 46 ° 20'00" E 86.oo feet; thence S 43 ° 40'00" E 32.00 feet to the point of beginning. 333 Park A venue Stream Margin Exemption Page 6 of6 37 S l ::> 3 l I H ::> � V VI 'ii :J m I-m I >< UJ ' X C Q) a. a. j ii j I H !I J :1 a Hn un II ••• ;!ilii !; ;:;i;i iii;;i;R;;; 11' 111 J !i 1 s 1 s § · s · s s s , § , s s s s s s jUHjjllPaan,nn,HHI 1··-----==-.. ---.. -- i, iPii •p=ipn,n•i••=a h p I -----,----- l<a<1ow-.,:i:z:--."o:-'S><OL01<• .. ::i>J,:><>- lrs'11. 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' !J f I' . f 11, l J i l I j I if l J •ul f I l I 1 n I t· J 1 j ,P In ! i !j fl I t Hf H1fll d l ! i f;li J ' I 40 PRE-APPLICATION CONFERENCE SUMMARY DATE: November 12, 2018 PLANNER: Sarah Yoon, 920.5144 PROJECT NAME AND ADDRESS: 333 Park Avenue – Setback Variances, RDS Variations and Stream Margin Review PARCEL ID# 2737-181-00-017 REPRESENTATIVE: Sara Adams, BendonAdams, LLC DESCRIPTION: The property at 333 Park Avenue (R-6 zone district) has a gross lot area of 10,418 sf and is located in the Stream Margin review area with an identified top of slope. Following the relocation of the existing on-site historic resources to a new location, 333 Park Avenue will no longer be historically designated and any new development will need to comply with underlying zoning, Stream Margin review standards, and Residential Design Standards. Compliance or a request for variations from the Residential Design Standards (RDS) may be included as part of the application or submitted at a later date. The applicant wishes to develop a new single-family residence on this lot. The applicant plans to comply with the Stream Margin criteria but has indicated that there will be setback variances and RDS variations needed for the new home because the property includes an existing ditch and steep slopes to the south, and a 20’ road/utility easement to the north. If the Stream Margin criteria cannot be met, the applicant will need to request a variance from the standards through the Special Review process (Section 26.435.040.E). The request for dimensional setback variances may be submitted pursuant to Municipal Code Chapter 26.314 - Variances and reviewed by the Board of Adjustment. The request for RDS variations may be administrative if the request qualifies for “Alternative Compliance” (Section 26.410.020.B), otherwise the request for variations to the standard will be reviewed by the Planning and Zoning Commission. If any of the reviews for this application are heard by the Planning and Zoning Commission, relevant reviews will be combined. There are two possible review options depending on the content of the application. Option 1: Combined review with Planning and Zoning – Setback Variances + Residential Design Standards Variations, and Stream Margin Review (may include Special Review). Option 2: Administrative Stream Margin Review + Administrative Residential Design Standards (RDS) Review + Board of Adjustment (BOA) Setback Variances. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.314 Variances 26.410 Residential Design Standards 26.435.050 Stream Margin Review 26.710.040 Medium-Density Residential (R-6) exhibit F 41 For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for completeness and recommendation. • Administrative approval or Planning and Zoning for Stream Margin review. • Board of Adjustment or Planning and Zoning for Setback Variances review. • Administrative approval or Planning and Zoning for Residential Design Standards review. REQUIRED LAND USE REVIEW(S): • Dimensional Variance Request • Stream Margin • Residential Design Standards PUBLIC HEARING: • Yes, at Board of Adjustment or Planning and Zoning Commission NEIGHBORHOOD OUTREACH: • No PLANNING FEES: Option 1: $3,250 for ten (10) hours of staff review time for combined review of Setback Variances, RDS Variations, and Stream Margin. Option 2: $1,950 for six (6) hours of staff review time for Stream Margin and RDS; $1,950 for BOA Setback Variances. REFERRAL FEES: Engineering - $325 for one hour of review time Parks - $975 (flat fee). TOTAL DEPOSIT: Option 1: $4,550 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) Option 2: $5,200 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) APPLICATION CHECKLIST – These items should first be submitted in a paper copy.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. 42  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (Attached to Application)  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property.  A proposed site plan.  Written responses to all review criteria for a variance found at Section 26.314.040 of the land use code.  Written responses to all review criteria for stream margin review found at Section 26.435.040.C of the land use code.  One 11 x 17 copy and one full sized copy of plans depicting the project and the Stream Margin Review Area, Top of Slope, and the 15’ setback from Top of Slope to confirm applicability and any impacts to these areas. (Existing and Proposed)  Completed copy of the Residential Design Standard checklist: https://www.cityofaspen.com/DocumentCenter/View/1697/RDS-Application-Packet---SF-DX Once the application is deemed complete by staff, the following items will then need to be submitted:  Total deposit for review of the application.  A digital copy of the application provided in pdf file format.  2 copies of the complete application packet and drawings. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 43 Exhibit G 44 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: July 9, 2019 File Number: 473790 Property Address:333 Park Avenue, Aspen, CO 81611 Buyer/Borrower:TBD Buyer Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com TBD Buyer Delivery Method: Emailed BMH INVESTMENTS LTD., a Texas limited partnership Delivery Method: Emailed Attn:Laura Maggos Phone: Fax: Laura Maggos Properties 1280 Ute Ave Aspen, CO 81611 E-Mail:laura@lauramaggos.com Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. exhibit H 45 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. 46 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d)“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g)a countersignature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i)comply with the Schedule B, Part I - Requirements; (ii)eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii)acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 47 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g)In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. 48 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 5 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:473790 Issuing Office File Number:473790 Property Address:333 Park Avenue, Aspen, CO 81611 Revision Number: 1.Commitment Date: June 28, 2019 at 8:00AM 2.Policy to be issued:Proposed Policy Amount (a)ALTA Owner’s Standard Proposed Insured: TBD Buyer (b)ALTA Loan Standard Proposed Insured: 3.The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: BMH Investments, Ltd., a Texas Limited Partnership 5.The Land is described as follows: See Exhibit “A” Attached Hereto 49 ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 5 File No.: 473790 A tract of land situated in the Southwest 1/4 of the Southeast 1/4 of Section 7 and in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine M.S. 1910 and the Mollie Gibson Lode, M.S. 4281 Am and is more fully described as follows: Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Mollie Gibson Lode bears N 43°40'00" W 146.00 feet and S 38°00'00" W 100.00 feet; thence S 46°20'00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which curve bears S 55°17'30" E 16.12 feet; thence S 66° 55'00" E 49.99 feet along said centerline; thence S 32° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34° 17'00" W 59.99 feet; thence N 52° 40'00" E 34.33 feet; thence N 43°40'00" W 32.60 feet; thence N 46° 20'00" E 86.00 feet; thence S 43° 40'00" E 32.00 feet to the point of beginning. County of Pitkin, State of Colorado 50 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 5 File No.: 473790 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.NOTE: The vesting deed is shown as follows: Warranty Deed recorded August 3, 2017, as Reception No. 640392 NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. 51 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 5 Exceptions File No.: 473790 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Rights or claims of parties in possession, not shown by the public records. 3.Easements, or claims of easements, not shown by the public records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7.Water rights, claims or title to water. 8.Any and all unpaid taxes and assessments and any unredeemed tax sales. 9.The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10.Reservations and Exceptions contained in United States Patent recorded May 20, 1949 in Book 175 at Page 168. 11.Reservations and Exceptions contained in United States Patent recorded May 20, 1949 in Book 175 at Page 171. 52 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 5 12.Mineral Reservation contained in Deed recorded November 10, 1958 in Book 185 at Page 492. 13.Bibbig Survey recorded August 23, 1973 in Book 4 at Page 398. 14.Ordinance No. 4, Series of 1995 Identifying and Designating Historic Sites and Structures (unrecorded). 15.Bibbig Subdivision Exemption Lot Line Adjustment Plat recorded January 15, 1997 in Book 41 at Page 31 as Reception No. 400915 and First Amendment Bibbig Subdivision Exemption Lot Line Adjustment Plat recorded January 27, 2012 in Book 99 at Page 13 as Reception No. 586235. 16.Agreement for Easements recorded October 7, 1997 as Reception No. 409237. 17.Agreement for Construction of Sanitary Sewer Injection System and Grant of Easements recorded July 31, 1998 as Reception No. 420090. 18.Shared Sewer Service Line Agreement recorded July 31, 1998 as Reception No. 420091. 19.Resolution No. 9, Series of 2018 recorded August 6, 2018 as Reception No. 649340. 20.Ordinance No. 22, Series of 2018 recorded October 17, 2018 as Reception No. 651282. 21.Notice of Approval recorded February 19, 2019 as Reception No. 654054. 22.Notice of Approval recorded July 5, 2019 as Reception No. 657080. 23.Deed of Trust from Bmh Investments LTD for the use of Michelle Smith Hendry to secure $10,000,000.00, recorded August 21, 2017, as Reception No. 640796. 24.Any and all existing leases and tenancies. 53 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 473790 ALTA Commitment For Title Insurance 8-1-16 File No.: 473790 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: TBD Rate 2006 Owner's Policy: $0.00 54 DISCLOSURES File No.: 473790 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B.A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; C.INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. D.The Company must receive payment of the appropriate premium. E.If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b.That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. 55 File No.: 473790 Revised 11-19-2013 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·request insurance-related services ·provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 56 Exhibit I57 11309 315 308 310 315 311 303 311 322317 1028 1024 345 341 333 403 331 327 328 330 325 329 404 401 403 2 1 101 102 205 206 305 A-4 A-5 A-2 A-1 A-3 A-6 304 1 27 2123 2224 317 315 2625 19 20 17 18 16 12 14 10 13 15 8 9 7 9 7 6 4 2 1 333 Park Ave - vicinity map MA Stream Margin Historic Sites Parcels Label: Unit Number Parcel Boundary 11/30/2018, 11:45:34 AM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,128 CityofAspenGIS; City of Aspen Community Development | The CityofAspen GIS Department presents the information on this website as a service to the public. Every effort has been made to ensure that the information is accurate. The CityofAspen GIS Department exhibit J 58 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718100017 on 09/18/2019 Instructions: Disclaimer: http://www.pitkinmapsandmore.com exhibit K 59 WEIGAND NESTOR R JR WICHITA, KS 67202 150 N MARKET ST BROOKS KERRI L ASPEN, CO 81611 112 MIDLAND PARK PL TROUSDALE MARGARET OB GREENWOOD VILLAGE, CO 80121 7 ALEXANDER LN TAYLOR JOHN IAN ASPEN, CO 81611 331 MIDLAND AVE OVERTON MADELYN ASPEN, CO 81611 403 PARK AVE #2 315-317 PARK AVE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 315 PARK AVE LDRAM 2 LLC PARADISE VALLEY, AZ 85253 3900 E BETHANY HOME RD HANSEN BETH ASPEN, CO 81611 811 MIDLAND PK PL # H11 KALNITSKY LINDA BUDIN TRUST WEST PALM BEACH, FL 33401 1701 S FLAGLER DR #1601 RADIGAN CO CORONA DEL MAR, CA 92625 1111 BAYSIDE DR # 214 SUNIER ALAIN ASPEN, CO 81611 315 MIDLAND AVE MCKNIGHT SPENCER ASPEN, CO 81611 403 PARK AVE #10 IBARA RON CAYUCOS, CA 93430 PO BOX 776 SEID MEL ASPEN, CO 81611 1104 DALE AVE MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 BIBBIG DIETER ASPEN, CO 81611 333 PARK AVE LOWE GREGG & DIANA DURHAM, NC 277137599 483 ROSEMONT DR HEMMING GREGG S & KAREN S ASPEN, CO 81611 311 MIDLAND AVE GOODROE SHIRLEY A CAMP HILL , PA 17011 3503 MARGO RD HUMPHREY JESS ASPEN, CO 81611 811 MIDLAND PK PL # H11 MEBEL GREGORY REV LIV TRUST PAIA, HI 96779 46 S LAELUA PL STEIN DEBORAH ASPEN, CO 81611 710 MIDLAND PARK PL WHITE WILLIAM P ASPEN, CO 81611 326 MIDLAND AVE #204 KELLY JESSIE M LTD PARTNERSHIP #1 GREENWOOD VILLAGE, CO 80111 6295 GREENWOD PLAZA BLVD HRIVNAK THOMAS UNIONVILLE ONTARIO L3R6J3 CANADA, 6 HEDGEWOOD DR PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81612 PO BOX 8245 FUENTES DAVID & KATHARINE D ASPEN, CO 81611 302 MIDLAND PARK PL RIVERVIEW CONDO 26 LLC BOULDER, CO 80301 1630 A 30TH ST PMB #387 KENNEDY WILLIAM W FAMILY TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD CMTR LLC ASPEN, CO 81612 PO BOX 7631 60 FARR TENA D SPRECKELS, CA 93962 PO BOX 7534 ASPEN HILLS CONDO ASSOC ASPEN, CO 81611 160 MIDLAND AVE HELBING ATHENA ASPEN, CO 81611 403 PARK AVE #6 ASPEN VIEW CONDO ASSOC ASPEN, CO 81611 326 MIDLAND AVE 328 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Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:24:42 PMA0.217042FLOOR AREA CALCULATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019FLOOR AREA CALCULATION: ALLOWABLE FAR: 3,496.72 SFTDR: 250 SFTOTAL ALLOWABLE FAR: 3746.72SFTOTAL GARAGE 200 SFTOTAL DECK OVERAGE 391.5 SFTOTAL AREA UPPER FLOOR 770 SFTOTAL AREA MAIN FLOOR 1,700 SFTOTAL AREA LOWER FLOOR 632.2 SFTOTAL F.A.R. 3,693.7 SFTOTAL GROSS5,690 SFUPPER LEVEL:TOTAL FLOOR AREA: 770SFTOTAL DECK AREA: 433SFMAIN LEVEL:TOTAL FLOOR AREA: 1,700SFTOTAL DECK AREA: 483SFTOTAL GARAGE AREA: 200SFLOWER LEVEL:TOTAL FLOOR AREA: 2,645SF X .239 WALL EXPOSURE =632.2 SFISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 68 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTW WDWATER SERVICESTORM DRAINEXIST. SEWER CLEANOUTEXIST. BUILDING FOOTPRINTA P P R O X . 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Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:06 PMA2.317042UPPER LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.20191234ISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX575 8" / 12"1A4.11A4.1223344BBCCAAFFEEDD12" / 12"1" / 12"11ROOF PLAN© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:06 PMA2.417042ROOF PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019ISSUE: DATE: 76 T.O. PLY @ MAIN LEVEL100'-0"T.O. PLY @ UPPER LEVEL111'-0"PROTECTIVE LANDSCAPE WALL@ STREET CURVE1A4.11A4.1FROSTED GLAZING STANDING SEAMMTL. ROOFGLAZING234VERTICAL WOOD SIDINGBRICKSKYLIGHT 23' - 9 1/2"GLAZING 1T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFEDVERTICAL WOOD SIDINGGLAZINGBRICK© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:07 PMA3.117042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A3.11NORTH ELEVATIONSCALE: 1/4" = 1'-0"A3.12EAST ELEVATIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 77 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"1A4.11A4.1234BRICKVERTICAL WOOD SIDINGCONC. FOUND. WALLSKYLIGHTGLAZING1T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFED25'-0" HIEGHT LIMIT PER C.O.A.BRICKGLAZINGSKYLIGHTVERTICAL WOOD SIDING© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:07 PMA3.217042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A3.21 SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A3.22WEST ELEVATIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 78 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-8"T.O. PLY @ UPPER LEVEL111'-0"BCAFED45 DEG. PROGRESSIVE HEIGHT LIMIT© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.9/19/19 2:25:08 PMA4.117042BUILDING SECTIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161109.18.2019SCALE: 1/4" = 1'-0"A4.11TRANSVERSE SECTIONISSUE: DATE:ISSUE XX/XX/XXISSUE XX/XX/XXISSUE XX/XX/XX 79 ROARING FORK RIVERDDDSSOSWOSWCOCOG G WWWWWWWWCTVCTVCTVCTVCTVCTVCTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UESSSSSSSSSSSSSSSSSSSSSS9.2'1 8 . 3 '30'3 1 . 9 '∆=23°14'52"R=40.00'L=16.23'ChB=S55°17'34"EChL=16.12'SLOPE TABLENUMBER123MIN. SLOPE0.000%20.000%30.000%MAX. SLOPE20.000%30.000%1000.000%COLOR7915792079257930793579407942 79 4 4794479407935 793079257920 15 'SLOPE TABLENUMBER123MIN. SLOPE0.000%20.000%30.000%MAX. SLOPE20.000%30.000%1000.000%COLORAREA6114.44711.453141.11NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Since 2007170691 OF 1BMH INVESTMENTS, LTD.CITY OF ASPEN, COLORADOIMPROVEMENT & TOPO SURVEYLOT 1, SUNNY PARK SUB.333 PARK AVENUEJRNJRNNOV 02, 2017069.DWG105/22/18GENERATE SLOPE ANALYSISJRN212/28/18ADD 15' O/S TOP SLOPEJRN308/19/19UPDATE SURVEYJRNIMPROVEMENT SURVEY STATEMENTI HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY PEAK SURVEYING, INC.FOR BMH INVESTMENTS, LTD, A TEXAS LIMITED PARTNERSHIP.I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE,OCTOBER 26, 2017, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OFTHE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBEDPREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THATTHERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANYPART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THIS SURVEY WAS PREPAREDWITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS THAT MAYAFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAK SURVEYING, INC.ERROR IN CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000.BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYA TRACT OF LAND SITUATED IN THE SW1/4SE1/4 OF SECTION 7 AND THE NW1/4NE1/4 OF SECTION 18TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONA TRACT OF LAND SITUATED IN THE SW1/4SE1/4 OF SECTION 7 AND THE NW1/4NE1/4 OF SECTION 18, TOWNSHIP 10SOUTH, RANGE 84 WEST OF THE 6TH P.M., PITKIN COUNTY, COLORADO, SAID TRACT IS PART OF THE LONE PINEM.S. 1910 AND THE MOLLIE GIBSON LODE, M.S. 4281 AM AND IS MORE FULLY DESCRIBED AS FOLLOWS:BEGINNING AT THE WEST CORNER OF LOT 1, SUNNY PARK SUBDIVISION, WHENCE CORNER NO. 3 OF SAID MOLLIEGIBSON LODE BEARS N43°40'00"W 146.00 FEET AND S38°00'00"W 100.00 FEET; THENCE S46°20'00"W 10.00 FEET TO APOINT ON THE CENTERLINE OF A ROAD EASEMENT AS SHOWN ON THE PLAT RECORDED IN BOOK 4 AT PAGE 398OF THE RECORDS OF PITKIN COUNTY; THENCE FOLLOWING SAID CENTERLINE 16.23 FEET ALONG THE ARC OF ACURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, THE CHORD OF WHICH BEARS S55°17'30"E 16.12 FEET;THENCE S66°55'00"E 49.99 FEET ALONG SAID CENTERLINE; THENCE S32°09'58"W 13.39 FEET; THENCE S50°17'00"W130.26 FEET; THENCE N34°17'00"W 59.99 FEET; THENCE N52°40'00"E 34.33 FEET; THENCE N43°40'00"W 32.60 FEET;THENCE N46°20'00"E 86.00 FEET; THENCE S43°40'00"E 32.00 FEET TO THE POINT OF BEGINNING.NOTES1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED WITHOUTTHE BENEFIT OF A TITLE COMMITMENT THEREFORE, EXCEPTIONS TO TITLE THAT MAY AFFECTTHE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAK SURVEYING, INC.2) THE DATE OF THIS SURVEY WAS OCTOBER 26, 2017.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N46°20'00"E BETWEEN THENORTHWESTERLY CORNER, A #5 REBAR & CAP L.S. #16129 FOUND IN PLACE AND THE 1.90' W.C.TO THE NORTHERLY CORNER, A #5 REBAR & CAP L.S. #16129 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE SUNNY PARK SUBDIVISION PLAT RECORDED IN PLAT BOOK 4AT PAGE 398 AND RECEPTION NO. 640394 IN THE PITKIN COUNTY CLERK AND RECORDER'SOFFICE AND CORNERS FOUND IN PLACE.6) ELEVATIONS AND CONTOURS SHOWN ARE BASED ON TOPOGRAPHY SUPPLIED BY OTHERSYIELDING AN ON-SITE ELEVATION OF 7943.80' ON THE NORTHEASTERLY CORNER AS SHOWN.FROM TOPOGRAPHY RECEIVED PSI GENERATED SLOPE ANALYSIS TO THE EXTENT CONTOURSWERE AVAILABLE. CONTOUR INTERVAL EQUALS 1 FOOT.NESW0306090120150180210240270300330P e a k Surveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL3793508/19/1980 81