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HomeMy WebLinkAboutagenda.boa.202201201 AGENDA ASPEN BOARD OF ADJUSTMENT January 20, 2022 4:30 PM, WEBEX MEETING INSTRUCTIONS WEBEX MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2556 659 3486 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2556 659 3486 Enter Password: 81611 I.ROLL CALL II.COMMENTS III.MINUTES III.A.BOA Draft Minutes - 11/11/21, 12/2/21, 01/6/22 IV.DECLARATION OF CONFLICTS OF INTEREST V.PUBLIC HEARINGS V.A.333 Park Avenue, Dimensional Variance Review | Resolution No. 1, Series of 2022 333 Park Avenue Memo Exhibit A - 333 Park Ave Variance Review Criteria Exhibit B - Draft Staff BOA Resolution 333Park Avenue Draft Exhibit C - Previous Approval BOA Resolution.BOA.005-19 Exhibit D - 2021 Variance Application VI.OTHER BUSINESS VII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1 2 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 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT November 11, 2021 Chairperson Sandler opened the meeting at 4:30 p.m. Commissioners in attendance: Chairperson Sandler Commissioners not in attendance: Mr. Frank, Ms. Feddersen, Mr. Farrey, Mr. Sack Staff present: Garrett Larimer-Planner Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk PUBLIC HEARINGS: 325 Park Ave. – Dimensional Variance and Associated Reviews Mr. Sandler moved to continue all business on tonight’s agenda until December 2nd, 2021 due to not having a quorum. ADJOURN. 3 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 6, 2022 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Ashley Feddersen, Andrew Sandler Commissioners not in attendance: Tim Sack Staff present: Garrett Larimer, Senior Planner Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Staff Comments:none Commissioner comments: none Declaration of Conflicts of Interest:none Public Hearing: 325 Park Ave. – Dimensional Variance and Associated Reviews Staff Presentation: Garrett Larimer – Senior Planner Mr. Larimer started by showing pictures of the existing conditions of the project including that it is a single-family residence on a 2,692 square foot lot in the R-6 zone district. There is an application to remodel and add an addition to the existing structure and it is asking for three land use reviews, including a dimensional variance request, stream margin review and residential design standards. He said the application complies with both the administrative stream margin and design standards review criteria and is eligible for administrative approval on both. For clarity and consistency, he is requesting that all three of the reviews get approved by BOA along with one resolution as part of a combined review. He then showed a site plan for the proposed addition including setback variations that are requested for the roof overhang (5’), structural column (7’) and front entry (7’-7’5”) highlighting the existing front yard setback in red. He went over the three review criteria to qualify for a dimensional variance. Applicant Presentation: Flynn Stewart-Severy – F&M Architects Mr. Stewart-Severy explained that the owner was a long-time resident of Snowmass Village and recently moved to Aspen and purchased 325 Park Ave. He went over the existing conditions to be a two-story two-bedroom single family residence with 8’ ceilings and high-quality interior finishes but highlighted that most of the rooms are fairly undersized. He said the owner has little interest in remodeling the interior and is only looking for the addition in order to give herself a carport. He stated that the existing structure is 1530 square feet of living space. He then showed and went over the front, rear, and side yard setbacks. Showing the existing floor plan, he mentioned that neither of the two entrances comply with current design standards. He then showed the proposed floor plan including the carport and living room addition to include a foyer. There will also be a small vertical tower which will include some exterior storage and a small window seat on the second floor. When showing a before and after photo and rendering, he noted that the 226 square foot carport they are proposing is smaller than the 250 square feet the city allows for garages. He also listed the proposed 138 sq ft living room addition, 188 sq ft foyer/office addition and 25 sq ft storage / 25 sq ft window seat addition. 4 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 6, 2022 Mr. Farrey asked about the distance between the back of her car while it’s parked in the carport and Park Ave. Referencing the site plan Mr. Stewart-Severy showed that from the front of the carport to the street was about 20 feet. Mr. Larimer finished up by going over the three review criteria that are all met. (1) The variance is generally consistent with the code. He stated that staff finds that the proposed design does still achieve a reasonable buffer between the structure and the property line. He also noted that the project was referred to the Parks and Engineering departments and they were supportive of the design and the variance. (2) The variance is the minimum to allow reasonable use of the property. (3) Enforcement of the dimensional requirements in the code would cause the owner “unnecessary hardship as distinguished from mere inconvenience”. He said that staff recommends the BOA approve the requested Land use Reviews, with the conditions. Public Comment: none. Board Discussion: Mr. Farrey summarized the issues for the dimensional variance request and stream margin review. Motion: Mr. Farrey motioned to approve Resolution #2 Series of 2021. Ms. Feddersen seconded. Roll call vote: Mr. Frank, yes; Ms. Feddersen, yes; Mr. Farrey, yes; Mr. Sandler, yes. All in favor, motion passes. OTHER BUSINESS: none ADJOURN:Mr. Sandler motioned to adjourn. Mr. Farrey seconded. Roll call vote: Mr. Frank, yes; Ms. Feddersen, yes; Mr. Farrey, yes; Mr. Sandler, yes. All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk 5 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 6, 2022 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Ashley Feddersen, Tim Sack, Andrew Sandler Commissioners not in attendance: none Staff present: Jeffrey Barnhill, Planner I Amy Simon, Planning Director Bob Narracci, Zoning Administrator Jim True, City Attorney Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Staff Comments:none Commissioner comments: none Declaration of Conflicts of Interest:none PUBLIC HEARINGS: 333 Park Ave. – Dimensional Variance Ms. Simon referenced an email that commissioners received today, stating that for the item of business tonight, staff inadvertently uploaded a previous version of the application. This was a variance that was reviewed in 2019, since expired and has come back before the BOA and staff gave the wrong version of the application. She said that staff spoke to the attorney’s office and the applicant and we cannot proceed when commissioners do not have the current information in front of them. She said that they need to ask for a continuance and their recommendation is that it is continued to February 3rd, which is the next BOA meeting. Mr. True requested that if the applicant has any requests regarding the time of the continuance, that they be heard. He reminded that it will ultimately be up to the Board. Sarah Adams from Bendon Adams representing the applicant who is the owner of the property. She said that considering that everyone including the applicant and City staff were ready to go today that they are requesting that the meeting be sometime sooner than February 3rd. She said that a month delay is pretty significant. Brian Hendry, the applicant, said it would be greatly appreciated if they could bring this before BOA before the February meeting. They have done a lot of work on their end and would like to show that to the Board. He said that there are virtually no changes to what was presented and approved before. Ms. Simon mentioned that they had been looking into other possible dates for the meeting and that there are two upcoming Thursdays that could potentially work for staff. January 20th and 27th were identified. Ms. Simon restated that their request would be February 3 rd, but also said that staff will work with either date that the Board finds best. 6 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JANUARY 6, 2022 Ms. Adams said that they will make either date work. All commissioners said that January 20th would work for them. Mr. True said that there should be a motion to continue to that date certain and that it would be a special meeting. Chairperson Sandler motioned to continue to January 20th at 4:30 PM. Mr. Farrey seconded. Roll call: Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sack, yes; Mr. Sandler, yes. All in favor, motion passes. Ms. Adams thanked the Board for pushing this up. OTHER BUSINESS: Board Elections Mr. True referenced the procedures in the bylaws of the Board of Adjustment, stating that there is an election for Chair and Vice-Chair at the first meeting of the year. He said that how it is handled is up to the Board. Mr. Sandler asked the Board if they wanted to keep everything the same. All commissioners agreed. Mr. Farrey motioned to appoint Ms. Feddersen as Vice-Chair and Mr. Sandler as Chair. Mr. Sandler seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sack, yes; Mr. Sandler, yes. All in favor, motion passes. ADJOURN: Ms. Feddersen motioned to adjourn. Mr. Sandler seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sack, yes; Mr. Sandler, yes. All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk 7 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 20, 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 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 8 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: 9 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 10 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. 11 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. 12 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 – Draft Staff BOA Resolution No. 1, Series 2022 Exhibit C – Previous Approval BOA Resolution No. 5, Series of 2019 Exhibit D – Application 13 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 14 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. 15 Board of Adjustment Resolution No. _, Series 2022 Page 1 of 3 RESOLUTION NO. _ (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 20th, 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 20th, 2022, the Board of Adjustment approved Resolution _, 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. 16 Board of Adjustment Resolution No. _, 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. 17 Board of Adjustment Resolution No. _, Series 2022 Page 3 of 3 FINALLY, approved this 20th 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 18 RESOLUTION NO.5 SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1, SUNNY PARK SUBDIVISION,COMMONLY KNOWN AS 333 PARK AVENUE Parcel ID No:273718100017 WHEREAS, the Community Development Department received an application for 333 Park Avenue, (the Application) from BMH Investments LTD. (Applicant), represented by Sara Adams of BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS,the subject property is within the R-6 zone district, is 10,418 square feet in size, and requires compliance with the following minimum setback dimensions: Front Yard: Principal buildings 10' and Accessory buildings 15' Side Yard: minimum 15' for a total of 36' on both sides Rear Yard: Principal buildings: 10'. For the portion of a principal building used solely as a garage: 5'. Accessory buildings: 5' There also exists a Top of Slope 15' setback that further constrains the lot and a progressive 45- degree height limit from Top of Slope. WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete—September 30`",2019, as applicable to this Project;and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on November 14"',2019; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant side yard setback variances that relate to the existing development pattern in the immediate neighborhood; and, WHEREAS, during a duly noticed public hearing on November 14"', 2019, the Board of Adjustment approved Resolution 5, Series of 2019, by a 5 to 0 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: 10' setback for construction of a new single-family residence SE Side Yard Setback Variance: 5' setback for construction of a new single-family residence Combined Side Yard Setback Variance: 15' combined setback for construction of a new single- family residence. 1111111111111111111111111111 II I III 11111111111$1111111 II 111 Board of Adjustment RECEPTION#. 660895, R: $23.00. D SO 00 Resolution No. 5, Series 2019 DOC CODE. RESOLUTION Page 1 of Pg 1 of 3. 12103/2019 at 02:11:34 PM Janice K. Vos Caudill, Pitkin County, CO 19 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. Board of Adjustment Resolution No. 5, Series 2019 Page 2 of 3 20 FINALLY,approved this 14`x'day of November,2019. Approved as to form:Approved as to content: ZmesTrue,City Attorney Andrew Sandler,Chair Attest: 1-7inda Manning,City Clerk Board of Adjustment Resolution No. 5, Series 2019 Page 3 of 3 21 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM November 15, 2021 Aspen Community Development Department Board of Adjustment City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 333 Park Avenue – Setback Variances Land Use Application 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, therefore, 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. Setback variances were granted by the BOA in 2019 for a single family home; however, the City determined that the variances expired in 2020 based on a decision that the permitted demolition and Figure 1: Vicinity Map. Note the location of the property in relationship to Park Ave. Red dotted line indicates stream margin review area. 22 333 Park Ave Board of Adjustment relocation of the historic homes to Gibson Avenue did not constitute a building permit for the property that would vest the BOA’s 2019 variance approval. This application is almost identical to the 2019 request. 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 were 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 significant 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 northwest 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 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. Figure 3: Map of neighborhood showing access from Park Avenue and driveways Figure 2: 333 Park façade facing the access easement before partial demolition and relocation last year. 23 333 Park Ave Board of Adjustment 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 have one at most. 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 2019 BOA approved variances 2021 proposed variances Front 10’ 10’ 12’3 to property line 1’ to edge of pavement 6” to edge of easement 6” to edge of easement Side (NW) 15’ 5’ 10’ 10’ Side (SE) 15’ 5’ 5’ 5’ Combined Side 36’ 15’ 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. Residential Design Standards – Exhibit B Applicable Residential Design Standards for 333 Park are met. 24 333 Park Ave Board of Adjustment 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. 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, 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 dated 2019 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 25 333 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: 26 333 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 those 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 sunk 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. 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. 333 Park Figure 1: Detail of 333 Park Ave showing required setbacks and proposed intrusions. 27 333 Park Ave Exhibit A – Standards for Review 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. 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 Figure 2: Figure ground of 333 Park and adjacent properties. Dark grey shows areas within the setbacks. 28 333 Park Ave Exhibit A – Standards for Review 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. 29 333 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. A decrease in floor area from 3,615sf (existing) to 3,496.7 sf is proposed which is well under the required 10%. Less than 25% of exempt floor area is increased comparing existing (805 sf) to proposed (1,014 sf). 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. 30 333 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. The proposed building is outside of the 100-year flood plain as indicated on the survey, the drawing set, and the map below. Figure 1: Comparison of existing building footprint (black dotted line) to proposed building footprint. 31 333 Park Ave Exhibit B – Administrative Reviews Figure 2: Aspen GIS flood plain shown on aerial. 333 Park is in Yellow. 32 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 33 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 34 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 35 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 36 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 7) Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 37 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:___________________________________ Review: Administrative or Board Review Have you included the following?FEES DUE: $ _1,950_____________ 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 ________ Description: Existing and Proposed Conditions Previously was a landmark designated property with two historic buildings and multiple non- historic additions. Approval granted by HPC and City Council to relocate the historic buildings to 931 Gibson Avenue. The site is current under construction after the buildings were relocated. BOA granted setback variances in 2019 for a new single family home, but the variances expired last year after the City determined that the relocation work did not qualify as a permit to vest the BOA approvals. The 2018 application is resubmitted to the BOA with setback variance requests for this site constrained lot. 1 exhibit C BOA review for setback variances. Admin review for RDS and Stream Margin. 38 39 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 40 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 41 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 42 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 43 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 44 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 45 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 48 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 49 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. 50  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. 51 Exhibit G 52 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 www.titlecorockies.com Commitment Ordered By: Laura Maggos Laura Maggos Properties P.O. Box 3835 Aspen, CO 81612 Phone: 970-544-6699 Fax: 970-544-5228 email: laura@lauramaggos.com Inquiries should be directed to: Leslie Boyer Title Company of the Rockies 620 East Hopkins Avenue Aspen, CO 81611 Phone: 970-925-3577 Fax: 970-300-4423 email: LBoyer@TitleCoRockies.com Commitment Number:0707251-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):BMH Investments Ltd., a Texas limited partnership Property:333 Park Avenue, Aspen, CO 81611 Sunny Park Subdivision, Lot 1, Pitkin County, CO TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $300.00 $300.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). 53 ALTA Commitment (6-17-06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. 004-UN ALTA Commitment (6-17-06) Issued by: 620 East Hopkins Avenue Aspen, CO 81611 Authorized Agent 54 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security1. instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse2. claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and3. such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of4. title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. 55 COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 0707251-C 1.Effective Date: June 11, 2021, 7:00 am Issue Date: July 03, 2021 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: BMH Investments Ltd., a Texas limited partnership 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R004583 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 56 Commitment No: 0707251-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows: 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. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 57 Commitment No: 0707251-C COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Certificate of Limited Partnership for BMH Investments Ltd., a Texas, a limited partnership,5. disclosing the names of the general partners and other information required by 1973 C.R.S. 7-61-101, et. seq., as amended, and evidencing the existence of said limited partnership August 3, 2017, must be filed in the office of the Secretary of State for the State of August 3, 2017, but need not be recorded. Release by the Public Trustee of County of the Deed of Trust from BMH Investments Ltd., a6. Texas for the use of Michelle Smith Hendry, to secure $10,000,000.00, dated August 3, 2017, and recorded August 21, 2017 at Reception No. 640796. NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in its entirety and the account closed. Deed from BMH Investments Ltd., a Texas limited partnership to Purchaser with contractual7. rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 58 Commitment No: 0707251-C 1288-CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 59 Commitment No: 0707251-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Reservations and Exceptions contained in United States Patent recorded May 20, 1949 in Book7. 175 at Page 168 and in Book 175 at Page 171. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the8. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 60 Commitment No: 0707251-C therewith. Any rights, interests or easements in favor of the State of Colorado, the United States of America,9. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Roaring Fork River. All oil, gas and other mineral rights, as reserved by Lone Pine Mining Company in the Deed10. recorded November 10, 1958 in Book 185 at Page 492, and any and all assignments thereof or interests therein. Terms, agreements, provisions, conditions and obligations as contained in Agreements for11. Easements recorded October 7, 1997 at Reception No. 409237. Terms, agreements, provisions, conditions and obligations as contained in Agreement for12. Construction of Sanitary Sewer Injection System and Grant of Easements recorded July 31, 1998 at Reception No. 420090 and amended February 4, 2021 at Reception No. 673243. Terms, agreements, provisions, conditions and obligations as contained in Shared Sewer Service13. Line Agreement recorded July 31, 1998 at Reception No. 420091. Terms, agreements, provisions, conditions and obligations as contained in Right of First Refusal14. recorded August 3, 2017 at Reception No. 640394. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. #9,15. Series of 2018 recorded August 6, 2018 at Reception No. 649340. Terms, agreements, provisions, conditions and obligations as contained in Notice of Approval16. recorded February 19, 2019 at Reception No. 654054 and July 5, 2019 at Reception No. 657080. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 5,17. Series of 2019 recorded December 3, 2019 at Reception No. 660895. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 61 Commitment No: 0707251-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 7 62 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 8 63 Commitment No: 0707251-C Page 9 64 Exhibit I65 414 414 407987 993 327 328 404 322 315 311 322 1028 1028 1028 309 315 308 310 311 317 1018 403 403 403 403 403 403 403 403 403 1024 1024 1024 330 325 345 341 333 329 401 1024 1024 1024 1024 1024 1024 1020 1020 1020 1020 1020 995 PARK AVEGIBSON AVEKIN G S T PARK CI R PARK A V E E HOPKINS AVE Date: 9/3/2021 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2021 City of Aspen GIS 0 0.01 0.020.01 mi When printed at 8.5"x11" 4 Legend City of Aspen Stream Margin Historic Sites Historic Districts Parcels Roads Zoomed In Scale: 1:1,075 333 Park Ave. Vicinity Map 66 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 09/03/2021 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 67 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 GOODMAN DREW I HIGHLANDS RANCH, CO 801263609 9387 SORI LN HANSEN BETH ASPEN, CO 81611 811 MIDLAND PK PL # H11 SUNIER ALAIN ASPEN, CO 81611 315 MIDLAND AVE MCKNIGHT SPENCER ASPEN, CO 81611 403 PARK AVE #10 AUVIL CAROL A TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR IBARA RON CAYUCOS, CA 93430 PO BOX 776 FUENTES DAVID & MARY KATHARINE ASPEN, CO 81611 302 MIDLAND PARK PL #C2 MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 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 FULL MOON ASPEN LLC ASPEN, CO 81611 308 PARK AVE KETAI JAMES A DETROIT, MI 48201 3663 WOODWARD AVE #500 WHITE WILLIAM P ASPEN, CO 81611 326 MIDLAND AVE #204 KELLY JESSIE M LTD PARTNERSHIP #1 GREENWOOD VILLAGE, CO 80111 6295 GREENWOD PLAZA BLVD PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81612 PO BOX 8245 TAYLOR SHAWN ASPEN, CO 81611 304 MIDLAND PARK PL RIVERVIEW CONDO 26 LLC BOULDER, CO 80301 1630 A 30TH ST PMB #387 WAGAR RICHARD H ELK RAPIDS, MI 49629-9778 6718 W HARBOR DR MJJ 2020 LLC DALLAS, TX 75229 10244 EPPING LN KENNEDY WILLIAM W FAMILY TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD CMTR LLC ASPEN, CO 81612 PO BOX 7631 68 FARR TENA D SPRECKELS, CA 93962 PO BOX 7534 ASPEN HILLS CONDO ASSOC ASPEN, CO 81611 160 MIDLAND AVE HOLLINGER JESSICA ASPEN, CO 81611 403 PARK AVE #3 SEYMOUR FAMILY TRUST LLC SANTA MONICA, CA 90402 101 OCEAN AVE 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GREENWOOD VILLAGE, CO 80111 6295 GREENWOOD PLAZA BLVD SMITH DONALD NELSON ASPEN, CO 81611 501 MIDLAND PARK PL ALVIS MARCI L HOUSTON, TX 77040 8827 W SAM HOUSTON PKWY N #200 WHITE ROBIN ASPEN, CO 81611 213 MIDLAND PARK PLACE DECRAY MARCELLA TRUST SANTA MONICA, CA 90405 1528 HILL ST SPONAR ANTON K & JUDY ASPEN, CO 81611-2486 222 MIDLAND PARK PL 990 KING ST UNIT #4 LLC ASPEN, CO 81611 1295 RIVERSIDE DR SEYMOUR FAMILY TRUST LLC SANTA MONICA, CA 90402 101 OCEAN AVE RICH VICTORIA CREVE COEUR, MO 63141 455 RIDGECORDE 69 EPSTEN VIRGINIA H QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST STEAR RONALD & MARIA F ASPEN, CO 81611 402 MIDLAND PARK PL LUPI-PEATE NATALIA ASPEN, CO 816112487 404 MIDLAND PARK PL WEISBARD MARK W WILMETTE, IL 60091 1706 CENTRAL AVE KWOOD LOT 3 LLC ASPEN, CO 81611 312 AABC #D AUVIL PAUL R JR TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR ZORRITO LLC SARASOTA, FL 34239 1901 FLOYD ST WINKLER JILL C ASPEN, CO 81611 212 MIDLAND PARK PL KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD LACROIX TIMOTHY ASPEN, CO 81611 113 MIDLAND PARK PL RUSSELL LYNN C ASPEN, CO 81612 PO BOX 8904 DODINGTON SUSAN M ASPEN, CO 81611 221 MIDLAND PARK PL CH ASPEN LEGACY LLC PACIFIC PALISADES, CA 90272 1569 SORRENTO DR 981 KING STREET LLC ASPEN, CO 81612 PO BOX 3123 KRIGEL SANFORD P TRUST KANSAS CITY, MO 64111 4520 MAIN ST SEYMOUR FAMILY TRUST LLC SANTA MONICA, CA 90402 101 OCEAN AVE SEMPLE SASHA L ASPEN, CO 81611 625 E HYMAN AVE #201 KAWAII DOG LLC ASPEN, CO 81611 729 E BLEEKER ST INDEPENDENCE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 1104 DALE AVE MIDLAND PARK PLACE CONDO ASSOC ASPEN, CO 81612 PO BOX 10609 KRIGEL SCOTT W TRUST KANSAS CITY, MO 64111 4520 MAIN ST KENNEDY WILLIAM W REV LVG TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD MANUEL CATHERINE & LINCOLN ASPEN, CO 81611 409 PARK CIR #2 BESTIC JEFFREY B ASPEN, CO 81611 PO BOX 2267 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST BLUE SKYE DAISY BROOKE PARTNERSHIP LLLP ASPEN, CO 81611 1024 E HOPKINS #17 LEE BARBARA C TRUST BROOKLINE, MA 02445 35 FISHER AVE LOWE SARA M & CORY J ASPEN, CO 81611 407 PARK AVE #B TERKUN MARK ASPEN, CO 81612 PO BOX 329 EVERETTE JOHN ASPEN, CO 81611 712 MIDLAND PARK PL 70 PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 BROWNELL CONDO ASSOC ASPEN, CO 81611 996 GIBSON AVE FERRO TAMARA ASPEN, CO 81611 304 MIDLAND PARK PL MCCOY CARLTON ST HELENA , CA 94574 500 TAPLIN RD HITCHCOCK SAMANTHA ASPEN, CO 81612 PO BOX 329 CURRAN MIKE & VERONICA REV TRUST HOUSTON, TX 77019 2001 KIRBY DR STE 520 KROMELOW BASIL M & LAUREANNE L CHICAGO, IL 60610 55 W DELAWARE PL COERDT HENRY K ASPEN, CO 81611 326 MIDLAND AVE #201 SCHROEDER PATRICIA A REV TRUST PINE RIVER, MN 56474 36261 SPRUCE TR LOWE GREGG & DIANA ASPEN, CO 81611 302 PARK AVE KALNITSKY EUGENE TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 FRONT FOUR LLC AUSTIN, TX 78703 2608 MCCALLUM DR MARTHINSSON NOSTDAHL CONDO ASSOC ASPEN, CO 81611 403 PARK AVE 311 PARK AVE LLC SAN FRANCISCO, CA 94123 3047 FILLMORE ST ASPEN ASSET LLC GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 WETWISKA JAMES R HOUSTON, TX 77019 2417 STANMORE MACCRACKEN SCOTT R ASPEN, CO 81611 403 MIDLAND PK PL # D3 WEBSTER DAVID H ASPEN, CO 81612 PO BOX 10362 WESTERMAN JEFF & TERI ENCINO, CA 91316 5130 SHOSHONE AVE SEID MELVIN C REV TRUST ASPEN, CO 81611 1104 DALE AVE BAKKEN JOHN & LIZA N ASPEN, CO 81612 PO BOX 12064 FARR TENA D 1989 TRUST SPRECKELS, CA 93962 PO BOX 7534 VICENZI HEATHER L TRUST ASPEN, CO 81612 PO BOX 2238 TDR REVOCABLE TRUST ALEXANDRIA, VA 22314 201 N UNION ST #300 WELDEN TODD E & DEBORAH C ASPEN, CO 81611 503 MIDLAND PARK PL #E3 PERLEY PAUL S ASPEN, CO 81612 PO BOX 12155 COERDT CLINTON C ASPEN, CO 81611 326 MIDLAND AVE #201 P S W D INVESTMENT CO LTD ASPEN, CO 81611 215 S MONARCH ST #101 BIRACH KAREN ASPEN, CO 81611-2414 122 MIDLAND PARK PL 990 KING ST UNIT #2 LLC ASPEN, CO 81611 1295 RIVERSIDE DR 71 KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD FARRELL SCOTT W ASPEN, CO 81612 PO BOX 9656 DIBELLO JACQUELINE ASPEN, CO 81611 990 KING ST # 1 TUSHINGHAM DARREN SUNNYSIDE , NY 111041930 4149 45TH ST #4A LEE JONATHAN O TRUST BROOKLINE, MA 02445 35 FISHER AVE JOHNSTON PEGGY ASPEN, CO 81611 111 MIDLAND PARK PL KALNITSKY LINDA BUDIN TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 CHAZEN DAVID FRANKLIN II NEW YORK, NY 10155 150 E 58TH ST 27TH FL PATTEN DAVID N ASPEN, CO 81611 810 MIDLAND PARK PL ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 210 E HYMAN AVE #202 BLUMENTRITT DAVID & NATALIE ASPEN, CO 81611 403 PARK AVE #8 KURNOS TIMOTHY A ASPEN, CO 81611 403 PARK AVE #9 TORPEN CONDO ASSOC ASPEN, CO 81611 COMMON AREA 1018 E HOPKINS AVE OLDFIELD BARNEY F GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 PICKARD NANCY S ASPEN, CO 81611 1020 E HOPKINS AVE #4 KENNEDY WILLIAM W CHILDRENS TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD BALLOU JONATHAN ASPEN, CO 81611 403 PARK AVE #6 DELYNN JEAN J ASPEN, CO 81611 331 MIDLAND AVE MCLAUGHLIN KEVIN ASPEN, CO 81611 403 PARK AVE #4 BLOMQUIST JENIFER L ASPEN, CO 81612 PO BOX 12155 KERN JORDON ASPEN, CO 81611 403 PARK AVE #2 622 OCEAN LLC ISLE OF PALMS, SC 29451 PO BOX 522 KOLBERG JUDITH A ASPEN, CO 81611 501 MIDLAND PARK PL SHERIDAN MARGARET BRONXVILLE, NY 10708 29 VILLAGE LN DECRAY MARCELLA IRREV PROPERTY TRUST SANTA MONICA, CA 90405 1528 HILL ST J2C LLC 1130 VIENNA AUSTRIA , PACASSISTRASSE 62 BORN FREE HOLDINGS LP AUSTIN, TX 78746 2001 STONERIDGE TERR LAWRENCE MARA B QPR TRUST LA JOLLA, CA 92037 8560 RUETTE MONTE CARLO COLAS CONDO ASSOC ASPEN, CO 81611 341 PARK AVE CARDWELL ROBERT A LAGUNA BEACH, CA 92651 1672 LOUISE ST 72 HERMELIN ASPEN LLC FRANKLIN, MI 48025 32205 BINGHAM RD EPSTEN BRADFORD M QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST SURVIVORS TRUST ALAMEDA, CA 94501 1352 BAY ST JEFFERSON GREG ASPEN, CO 81611 711 MIDLAND PARK PL LIEN-TWO CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK AVE HENDRICKS LYNDELL B ASPEN, CO 81612 PO BOX 11152 PARK AVENUE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 407 PARK AVE UNIT A GOLDSTEIN GARY L LVG TRUST NO 1 ASPEN, CO 816114109 1020 E HOPKINS AVE #7 GARTON SARA B ASPEN, CO 81611 110 MIDLAND PARK PL COWLING LINDA ASPEN, CO 81612 PO BOX 9656 JOHNSON SHAEL ASPEN, CO 81612 PO BOX 3549 GLEASON AMY ASPEN, CO 81611 712 MIDLAND PARK PL HECK JAMES C ASPEN, CO 81612 PO BOX 8416 DAVIS D STONE ASPEN, CO 81612 PO BOX 8904 AMORY LEE RANDOLPH ASPEN, CO 81611 403 PARK AVE #7 ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A ASPEN, CO 81611 409 PARK CIR #4 PARK AVENUE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 102 PARK AVE FINLEY CLAIRE SNOWMASS VILLAGE, CO 81615 PO BOX 6828 KELLEY BRAD BUCKLEY & SHARI L EDEN, UT 84310 1736 N 6250 E GRIFFITHS THOMAS W ASPEN, CO 81611 504 MIDLAND PARK PL GRAHAM MARGOT ASPEN, CO 81612 PO BOX 2254 PEATE WILLIAM DOUGLAS ASPEN, CO 816112487 404 MIDLAND PARK PL BIBBIG DIETER ASPEN, CO 81611 401 PARK AVE CALK LAURA E ASPEN, CO 81611-2472 722 MIDLAND PARK PL RIVERVIEW CONDO ASSOC ASPEN, CO 81611 COMMON AREA MITCHELL ELSA R ASPEN, CO 81612 PO BOX 2492 WIEZBOWSKI SHARON A & STEPHEN L REV TRUST SAN FRANCISCO, CA 94109 151 ALICE B TOKLAS PL #109 KENNEDY PATRICIA ANN REV LIV TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SEYMOUR FAMILY TRUST LLC SANTA MONICA, CA 90402 101 OCEAN AVE 73 SMITH JACK L & DIANE M EVERGREEN, CO 80439 434 COTTONWOOD DR FAT CITY APARTMENTS LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 302 ASPEN VIEW LLC AUSTIN, TX 78733 2703 DE SOTO DR MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 FERLISI MARY SANDRA LIVING TRUST ASPEN, CO 81611 326 MIDLAND AVE #307 HAGEN CATHERINE ANNE ASPEN, CO 81611 210 MIDLAND PARK PL SEID MELVIN C REV TRUST ASPEN, CO 81611 1104 DALE AVE HOUBEN CYNTHIA MICHELE ASPEN, CO 81612 PO BOX 9616 DUNIGAN PATRICK A DALLAS, TX 75205 4245 N CENTRAL EXPRESSWAY STE 460 BELINDA BEE CONDO ASPEN, CO 81611 990 KING ST FEINSTEIN JEROME FAM TRUST LONGBOAT KEY, FL 34228 1211 GULF OF MEXICO DR #901 HIGGINS PAUL ASPEN, CO 81611 303 MIDLAND PARK PL #C-3 WEIGAND NESTOR R JR LIV TRUST WICHITA, KS 67202 150 N MARKET ST 74 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 'XXXXXXXXXXXXXX XXX X X X X XX 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 SURVEYJRN407/08/21UPDATE SURVEYJRNIMPROVEMENT 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 AND JULY 08, 2021.3) 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.7) AT THE TIME OF THE JULY 08, 2021 FIELD SURVEY THE ORIGINAL HOUSE HAD BEEN MOVEDOFF OF THE REMAINING FOUNDATION AND THE CONSTRUCTION FENCING WAS STILL IN PLACE.NESW0306090120150180210240270300330P e a k Surveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'COL O R A DO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL37935IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO BMH INVESTMENTS, LTD, A TEXAS LIMITEDPARTNERSHIP; THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OFTHE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE, CORRECT ANDCOMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT AND SHOWNHEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROM AN ACCURATESURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ONOCTOBER 26, 2017 AND JULY 08, 2021; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT AGUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED; THAT, THIS SURVEY WASPREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONSTHAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAKSURVEYING, INC.; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS,EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY ORON THE REAL PROPERTY CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THATTHIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S.§38-51-102(9).ERROR IN CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000. DATED: JULY 08, 2021 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.75 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 'XXXXXXXXXXXXXX XXX X X X X XX 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 SURVEYJRN407/08/21UPDATE SURVEYJRNIMPROVEMENT 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 AND JULY 08, 2021.3) 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.7) AT THE TIME OF THE JULY 08, 2021 FIELD SURVEY THE ORIGINAL HOUSE HAD BEEN MOVEDOFF OF THE REMAINING FOUNDATION AND THE CONSTRUCTION FENCING WAS STILL IN PLACE.NESW0306090120150180210240270300330P e a k Surveying, Inc.0101020405SUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'COL O R A DO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL37935IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO BMH INVESTMENTS, LTD, A TEXAS LIMITEDPARTNERSHIP; THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OFTHE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE, CORRECT ANDCOMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT AND SHOWNHEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROM AN ACCURATESURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ONOCTOBER 26, 2017 AND JULY 08, 2021; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT AGUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED; THAT, THIS SURVEY WASPREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONSTHAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAKSURVEYING, INC.; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS,EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY ORON THE REAL PROPERTY CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THATTHIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S.§38-51-102(9).ERROR IN CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000. DATED: JULY 08, 2021 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.76 77 RIVERBANK HOUSE333 PARK AVEASPEN, CO 81611RESIDENTIAL#17042BOARD OF ADJUSTMENTS APPLICATION11.12.202178 376.36 SF 631.95 SF 1712.35 SF GARAGELOUNGEOFFICEPOWDERKITCHENLIVING34' - 0"114.42 SF1' - 6 1/4"6" OR LESS ABOVE GRADE ROOF ABV.ROOF ABV.240.21SF819.18 SF BEDROOMROOF TOP DECKGREEN ROOFGREEN ROOFCLOSETBATHROOM 193.77 SF 117.09 SF FLOOR AREAGARAGE AREAFAR TABULATION____________________________________ __OVERHANGS OVER 4'-0"DECKS ABOVE 30"© 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.11/12/2021 5:35:20 PMA0.217042FLOOR AREA CALCULATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.20213/16" = 1'-0"1MAIN LEVEL3/16" = 1'-0"2UPPER LEVELISSUE: DATE:BOA APP. 11/05/2112" = 1'-0"F&M-FAR LEGEND79 277.65 SF34' - 7 7/8"8' - 0"55.5 SF 6' - 2"9' - 0"WALL-A WALL-B WALL-C WALL-D WALL-E WALL-F WALL-G WALL-H WALL-I WALL-JBEDROOM BEDROOM BEDROOM BEDROOM MECHANICALLAUNDRYMEDIA/ LIVING2567.38 SF DECK ABOVE STORAGEBATHROOMBATHROOMBATHROOMBATHROOM202.39 SFCLOSETCLOSETCLOSETCLOSET38' - 7 7/8"33.87 SF8' - 0"21.38SF21.38 SF9' - 0"33' - 2 1/8"9' - 0"28' - 5 7/8"112.19 SF42' - 2"9' - 0"28' - 11 1/8"8' - 0"16' - 6 1/2"9' - 0"6' - 6"8' - 0"7' - 11 1/2"9' - 0"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.11/12/2021 5:35:22 PMA0.317042LOWER WALL CALCULATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.20211/4" = 1'-0"10WALL- JISSUE: DATE:1/4" = 1'-0"9WALL- I3/16" = 1'-0"11LOWER LEVEL3/16" = 1'-0"1WALL- A3/16" = 1'-0"7WALL G3/16" = 1'-0"6WALL F1/4" = 1'-0"8WALL H3/16" = 1'-0"2WALL- B3/16" = 1'-0"4WALL- D3/16" = 1'-0"3WALL C3/16" = 1'-0"5WALL- E 80 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTWWDWATER SERVICESTORM DRAINEXIST. SEWER CLEANOUTEXIST. BUILDING FOOTPRINTA P P R O X . S E W E R L I N EPARK AVENUEPROPERTY LINEPROPERTY LINEPROPERTY LINEPLAT BK. 41 PG. 3220'-0" ROAD/UTILITY EASEMENTEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 57940EXISTING 3-STORYRESIDENTIAL STRUCTURETOP OF SLOPE PER C.O.A.R-6 REQD. SETBACK15' - 0"EXIST. DECKEXIST.PORCHEXIST. PORCHR -6 R E Q D . S E T B A C K 15' - 0"R-6 REQD. SETBACK21' - 0"R-6 REQD. SETBACK10' - 0"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.11/12/2021 5:35:24 PMA1.117042EXISTING SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021NORTH1/8" = 1'-0"1EXISTING SURVEY W/ SETBACKSISSUE: DATE: 81 MEAN HIGH WATER LINER OA R IN G F O R K R IV E RTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENT10' - 0"R-6 SIDE SETBACK21' - 0"R-6 REQUIRED SETBACKEXIST. BUILDING FOOTPRINTPARK AVENUEPROPERTY LINEPROPERTY LINEPROPERTY LINEPLAT BK. 41 PG. 3220'-0" ROW / UTILITY EASEMENTEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 5 7 9 4 0 R -6 S ID E S E T B A C K 15' - 0"R-6 SIDE SETBACK21' - 6"R-6 REAR SETBACK15' - 0"R-6 SI DE SETBACK22' - 0"R-6 FRONT SETBACK15' - 0"R -6 S ID E S E T B A C K 22' - 0"TOP OF SLOPE PER C.O.A.TOP OF SLOPE PER C.O.A.R-6 SETBACK10' - 0"EXIST. EDGE OF PAVEMENTR-6 REQUIRED SETBACKR-6 REQUIRED SETBACKPROPOSED SETBACKDECKDECKDECKDECK10' - 0"R-6 SI DE SETBACK 21' - 6"R-6 REAR SETBACK15' - 0"R-6 REQD. SETBACK10' - 0"R -6 R E Q D . S E T B A C K 15' - 0"R-6 REQD. SETBACK15' - 0"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.11/12/2021 5:35:48 PMA1.217042SUBDIVISION SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021NORTHISSUE: DATE:3/32" = 1'-0"1SITE PLAN - SUBDIVISION 82 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTSIDE SETBACK10' - 0"PARK AVENUE10' - 0"PROPERTY LINEPROPERTY LINEPROPERTY LINEEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 5 7 9 4 0 S ID E S E T B A C K 5' - 0"FRONT SETBACK6"R-6 REQUIRED SETBACKREAR SETBACK15' - 0"© COPYRIGHT 2019 F&M ARCHITECTS, LLC PO Box 6762 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitects.com 970.987.2707 SHEET NO.DRAWING:JOB NO.11/15/2021 1:49:14 PMA1.317042ARCHITECTURAL SITE PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021NORTH1/8" = 1'-0"1BOA SITE PLAN - MAIN FLOORISSUE: DATE: 83 MEAN HIGH WATER LINEROARING FORK RIVERTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMEREMERGENCYACCESSEASEMENTEXIST. EDGE OF PAVEMENTSIDE SETBACK10' - 0"PARK AVENUE10' - 0"PROPERTY LINEPROPERTY LINEPROPERTY LINEEXIST. EDGE OF PAVEMENT100 YR. FLOOD PLAIN79157920792579307 9 3 5 7 9 4 0 S ID E S E T B A C K 5' - 0"SETBACK6"RIPARIAN ZONEEXISTING DECIDUOUS TREEEXISTING CONIFEROUS TREEPROPOSED DECIDUOUS TREEPROPOSED SHRUBLANDSCAPE LEGENDLT.01 -DARK SKIES COMPLIANT DOWNLIGHT WALL SCONCELIGHTING LEGEND© 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.11/12/2021 5:35:52 PMA1.417042LANDSCAPE/LIGHTING PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021ISSUE: DATE:1/8" = 1'-0"1BOA LANDSCAPE/LIGHTING PLANNORTHLT.01LT.01LT.01LT.01LT.0184 UPUPA3.11A3.22A3.21A3.12DESKBART.V1235DECK ABOVE LOWER LEVELREC. ROOM BEV. CENTERMECHANICAL ROOM CORRIDORBEDROOM BATHSTORAGECLOSETLAUNDRYEGRESS1234567891055551273478966668101010KINGKINGKINGKINGABC4DDESK88© 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.11/12/2021 5:35:53 PMA2.117042LOWER LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021ISSUE: DATE:BOA APP. 11/05/21NORTH85 DNDNDNUPA3.11A3.22A3.21A3.121A4.11A4.1BAROPEN TO ABOVEUTLT. CLO.TRASH RECYCLE GARDEN BOOK SHELFROOF ABV.EL.=98'9EL.= 100'EL.= 98'9EL.= 100'LIGHTWELL12354' - 0"MAIN LEVELENTRY KITCHEN LIVING ROOM DECKLOUNGE OFFICEHIDDEN PANTRYPOWDER ROOM GARAGE 12345678920' - 0"29' - 2"4' - 2"ENTRYGARDEN 6' - 0"ENTRY BENCHVINYL34' - 0"ROOF ABV.ROOF ABV.ABC4D79' - 11 1/4"16' - 2 1/2"17' - 0"11' - 6"3' - 6"10' - 0 5/8"5 1/2"21' - 7 3/8"OPENWINDOW SEATENTRY PATIO PATIO DECK 32' - 1 1/2"LIGHT WELL BYND. 3' - 6"23' - 11"© 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.11/12/2021 5:35:55 PMA2.217042MAIN LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021NORTHISSUE: DATE:BOA APP. 11/05/21 86 DNUPA3.11A3.22A3.21A3.121A4.11A4.1GREEN ROOF GREEN ROOF W/DROOF ABOVE 1235UPPER LEVELBATHROOM CLOSETBEDROOM ROOF DECK 12342134BENCH OPENROOF ABV.OPENABC4DGREEN ROOF GREEN ROOF OPENTO BELOWSKYLIGHT© 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.11/12/2021 5:35:56 PMA2.317042UPPER LEVEL FLOOR PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021ISSUE: DATE:NORTH87 123ABC4DROOF 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.11/12/2021 5:35:57 PMA2.417042ROOF PLANRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021ISSUE: DATE:NORTH88 T.O. PLY @ MAIN LEVEL100'-0"T.O. PLY @ UPPER LEVEL111'-6"123STUCCO VERTICAL WOOD SIDING OPEN AIR COVERED ROOF DECK WOOD PANELED GARAGE DOORS 4GLAZING STUCCO WOOD SLAT COVERED GLAZING STRAIGHT/ SQUARE CUT ROOF 25'-0" HEIGHT LIMIT PER C.O.A.T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-9"T.O. PLY @ UPPER LEVEL111'-6"ABCGLAZING STUCCOVERTICAL WOOD SIDING STUCCOGREEN ROOF LIGHT WELL STRAIGHT/ SQUARE CUT ROOF VERTICAL WOOD SIDING 25'-0" HEIGHT LIMIT PER C.O.A.VERTICAL WOOD FINS© 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.11/12/2021 5:36:16 PMA3.117042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.20211/4" = 1'-0"1NORTH ELEVATION1/4" = 1'-0"2EAST ELEVATIONISSUE: DATE:BOA APP. 11/05/21 89 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-9"T.O. PLY @ UPPER LEVEL111'-6"GARAGE/ LOUNGE98'-11"1234GLAZING SLIDING GLASS DOORS CONCRETE FOUNDATION WALLS SLIDING GLASS DOORS CONCRETE OPEN AIR COVERED ROOF DECK GLAZING STUCCOGLAZING GREEN ROOF STUCCOWALK OUT EGRESS STAIRS GREEN ROOF AROUND ROOF DECK LIGHT WELLS25'-0" HEIGHT LIMIT PER C.O.A.T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-9"T.O. PLY @ UPPER LEVEL111'-6"25'-0" HEIGHT LIMIT PER C.O.A.GARAGE/ LOUNGE98'-11"ABCSTUCCOVERTICAL WOOD SIDINGVERTICAL WOOD SIDINGGLASSSTUCCOSTUCCOCONCRETE FOUNDATION WALL STUCCO VERTICAL WOOD SIDING STEEL COLUMN WOOD SLAT COVERED GLAZING © 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.11/12/2021 5:36:32 PMA3.217042EXTERIOR ELEVATIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.20211/4" = 1'-0"1SOUTH ELEVATION1/4" = 1'-0"2WEST ELEVATIONISSUE: DATE:BOA APP. 11/05/21 90 T.O. PLY @ MAIN LEVEL100'-0"T.O. SLAB @ LOWER LEVEL89'-3"T.O. PLY @ UPPER LEVEL111'-6"ABCEL. = 7944'-0"45 DEG. PROGRESSIVE HEIGHT LIMITBUILDING CLEAR OF HEIGHT LIMIT ACROSS ENTIRITY OF TOP OF SLOPE (VARIES W/ GRADE)© 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.11/15/2021 1:33:35 PMA4.117042BUILDING SECTIONSRIVERBANK HOUSE333 PARK AVE.ASPEN, CO 8161111.12.2021ISSUE: DATE:BOA APP. 11/05/211/4" = 1'-0"1TRANSVERSE SECTION191 MY PROJECTblank 24 X 36 JOB NO:PRINTED:F&M Proto v2021.vwx00000Monday, November 15, 2021Z7150 RIVERWOOD DRIVE, COLUMBIA, MD21046SHEET NO.COPYRIGHT 2021 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 2/24/20THIS IS ONLY AN EXAMPLE AT GRADE PATIO: 305.3 SQ FTLOWER LEVEL FAR EXEMPTIONS (EXISTING) Scale: 3/16" = 1'-0"1 DECK: 95.3 SQ FT DECK: 164.1 SQ FT DECK: 22.6 SQ FT FRONT PORCH: 35.3 SQ FT MAIN LEVEL FAR EXEMPTIONS (EXISTING) Scale: 3/16" = 1'-0"2 DECK: 95.3 SQ FT DECK: 164.1 SQ FT DECK: 22.6 SQ FT FRONT PORCH: 35.3 SQ FT Bedroom Bedroom Bedroom DECK: 436.3 SQ FT UPPER LEVEL FAR EXEMPTIONS (EXISTING) Scale: 3/16" = 1'-0"3 FRONT PORCH:35.3 SQ FT DECK:718.3 SQ FT AT GRADE PATIO:305.3 SQ FT TOTAL EXEMPT FAR:1058.9 SQ FT 92