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HomeMy WebLinkAboutagenda.boa.20221201AGENDA ASPEN BOARD OF ADJUSTMENT December 1, 2022 4:30 PM, I.ROLL CALL II.COMMENTS III.MINUTES III.A Minutes - 9/8/22 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A 401 Park Ave, Permitted Use Variance V.B 424 S Spring St, Setback Variance Request WEBEX MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2555 050 3609 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2555 050 3609 Enter Password: 81611 minutes.boa.20220908_DRAFT.docx 401 Park Avenue_Permitted Use Variance_Resolution #00, Series of 2022.pdf 401 Park Avenue_Permitted Use Variance_Memo.pdf Exhibit A_Review Criteria_Permitted Use Variance.pdf Exhibit B_401 Park application.pdf Exhibit C_401 Park complete noticing.pdf Memo_424 South Spring Street_Butchers Block.pdf Resolution No. XX_Series of 2022_APPROVING VARIANCE.pdf Resolution No. XX, Series of 2022_DENYING VARIANCE.pdf Exhibit A_424 S. Spring_Variance Review Criteria_Staff Findings.pdf Exhibit B_Application.pdf 1 VI.OTHER BUSINESS VII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:35 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Rick Head, Tim Sack, Ashley Feddersen, Andrew Sandler Staff present: Jeffrey Barnhill, Planner I Bob Narracci, Zoning Administrator Jim True, City Attorney Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant II Staff Comments:None Commissioner comments: None Declaration of Conflicts of Interest:None Minutes: Mr. Sandler motioned to approve the minutes from 1/20/22. Mr. Farrey seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes. PUBLIC HEARINGS: 560 Spruce St. – Request for Setback Variances Staff Presentation – Jeffrey Barnhill - Planner I Mr. Barnhill started by showing a site map of the lot and mentioned that all the development was a bit tight. He then mentioned the applicant as Aspen Spruce LLC, Sandor Shapery, and their representative as Chris Bendon of Bendon Adams. He then went over the request before the board and noted the zone district as R-6 and the lot size as 3,982 square feet. He went over the required minimum setbacks for that zone district as: 10-foot front yard setback 10-foot side yard setback with a combined total of 20 feet on both sides 10-foot rear yard setback. Mr. Barnhill then went over a bit of background of the property. He mentioned that the structure was a duplex in a top-bottom configuration with access via a staircase that encroached onto the neighboring parcel. In 2019 the applicant applied for a Building Code Exemption to move the stairs onto the 560 Spruce property. This was approved in 2020 based on egress building code and not as a variance. In 2021 an application to remove the top unit, creating a single-family home, was approved with the condition that the stairs were to be removed as there would be no need for egress. Next, he went over the variance requests of the applicant to legalize existing non-conformities. These included: 5’ front yard setback variance 0’ N side yard setback variance 0’ S side yard setback variance 0’ rear yard setback variance 0’ combined side yard setback variance 3 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Mr. Head asked for clarification of the front yard versus the rear yard on the property. Mr. Barnhill pointed these out on the site map. Mr. Barnhill went on to state that after looking at the requested setback variances it was determined by staff that the applicant did not need that much of setbacks to legalize non-conformities. After measuring off the survey, staff’s suggested setbacks to legalize existing non-conformities were: 7’8” front yard setback variance 7” N side yard setback variance 1’1” S side yard setback variance 0’ rear yard setback variance 1’8” combined side yard setback variance He then showed the site map with an outline in blue of the staff suggested setbacks along with an outline (orange) of the R6 zone district required setbacks. He described the staff suggested setbacks as the bare minimum to legalize all the existing improvements on this site. He also showed on the site map the additional 599.6 square feet of buildable area within the R6 zone district setbacks (orange triangle) that the applicant would be able to build on. Next, he went over the Non-Conforming Structures section of the Land Use Code (26.312.030) and also the standards applicable to variances (26.314.040). He then went over the reasons why staff does not support the proposed variance. He stated that staff had drafted two resolutions of approval and one of denial. One drafted approval resolution included the applicant requested setbacks and the other included the staff recommended setbacks if a hardship is determined. He then opened it up for questions of staff. Mr. Farrey asked if “zero-line” setbacks already exist. He asked how one would be not non-conforming on a structure built in 1880. Mr. Barnhill responded that in a redevelopment scenario, they would have to move the structure out of setbacks. He stated again that anything within the setbacks currently is able to be maintained, but not enlarged. Mr. Farrey stated that after looking at the lot in person they are already in the setbacks based on the current zoning. Mr. Barnhill agreed and said that anything outside of the orange outline on the site map shown is currently outside the setbacks and thus non- conforming. Applicant Presentation –Chris Bendon – Bendon Adams Mr. Bendon started by introducing the applicant as Aspen Spruce LLC and the owners Sandy and Rebecca Shapery. He also introduced the owner’s attorney and the representative from Steeplechase Construction. Next, he showed a few overhead pictures of the location of the property. He then showed the site map and went over the property lines, the setbacks, and the outline of the current building on site. He pointed out the areas of the home that do not comply with current zoning and mentioned that it was built before zoning came into play in the 1950s, thus it is burdened with non-conforming status. He described the adjoining properties and owners. He then showed a few ground level photos of the property and went over some of its history. He then mentioned that in 2019 the owners wanted to remove the “rickety” stairs that accessed the upper unit and replace them with a solid set of stairs. At the same time, they expressed a desire to convert the property to a single-family home which required a land use application. He then showed a close up of the old stairs that went over the property line. He then described the process the owners took to build the new stairs including obtaining a Building Code Exemption, gathering approvals, paying fees, inspections, etc. Once the stairs were built, they went forward with the option to remove the second unit and were told by the Planning Department that they would need to remove the stairs because they were now non-conforming. He said that it seemed like staff was attempting to modify and add conditions to the variance received to build the new stairs. He said the stairs are still and will always serve as egress from the upper floor. 4 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Mr. Head asked whythere seemed to be a discrepancy the city and Mr. Bendon’s position regarding the variance granted to the stairs. He said the City is saying there was never any variance granted. Mr. Bendon agreed that there is a noticeable disagreement. He said they appealed the decision multiple times. Mr. Barnhill explained that what was granted was an exception for Building Code compliance, which has a whole different set of criteria and is not a variance. Mr. Sandler asked for clarification on what was granted. Mr. Bendon went back to show the “Notice of Approval for an Exception for Building Code Compliance” signed by the Community Development Director in 2019. Mr. Farrey asked if the stairs that access the upper floor were built when it was considered a duplex and now that is a single-family the City is finding pause with it. Mr. Barnhill responded that it was solely predicated on this being a duplex and required for fire safety egress. Now that it is being changed to a single-family home, staff made the determination that it was no longer needed for life safety. Mr. Sandler asked for clarification on the disposition here. Mr. Barnhill, again said that if the building is changed into a single-family, the stairs are no longer needed for life safety. He also stated again that this was built on an exemption for building code compliance and was not a variance. A variance requires a hardship, and it would have had to come before the BOA. Mr. Bendon responded that in their reasoning the approval was not conditioned on the building remaining a duplex. This is the disagreement that has been going on for a long period of time and now they have decided to stop that and come before the Board of Adjustment to get a proper variance and move on. Mr. Bendon next showed an image of a screaming goat and described it as the way he was feeling. He said that after working for and with the City for 25 years he was convinced this was a wrong read. He thought the landowner was lured in and then tricked even if not intentional. Mr. Sandler asked Mr. Barnhill when a situation like this comes in front of staff how it is analyzed. Mr. Barnhill stated again that the Exemption was predicated on it being a duplex and once the stairs were built, they applied to change it to a single-family. Mr. Head asked if the City had known that the owners were going to convert the house to a single- family, would they have given them the exemption. Mr. Barnhill said he could not speculate that. Ms. Johnson recognized the disagreement but added that from the City’s perspective a variance was not granted. A variance would have had to come before the BOA. It did not in this case because under the Land Use Code there are exemptions to the setback requirements, including emergency egress from second dwelling units. When it was decided to change the structure to a single-family it no longer qualified for that exemption. Mr. Bendon then describedtheir proposed setback dimensions, the criteria to grant the variances and their reasoning of why those criteria are met. He went on to describe other non-conforming properties that his firm is working on in the West End. He then showed pictures highlighting the property lines. He noted that with the proposed 5-foot front yard setback variance a sidewalk would still fit. He then turned it over to Sandy and Rebecca Shapery to speak. Mr. Shapery described the history of when they bought the property and said his first thought was to make the property legal. He said that they had originally decided to make it a single-family home and once they got the property legal, they applied to do such. Ms. Shapery described what she saw as major safety issue, that being having the ability to exit the upstairs due to an emergency. She was confused and disappointed that safety was not top for their family and that it was nonsensical that they would have to remove the stairs. 5 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Mr. Bendon then went over their proposed edits to the City’s Resolution including deletions and additions to the language. He then showed a letter of support from an adjoining neighbor, Mr. Jeff Tasse at 548 Spruce St. He then referenced a letter that was sent to the BOA members (Exhibit E) from Mr. LJ Erspamer and mentioned that Mr. Shapery had a good conversation with him. Mr. Bendon closed by stating that they are asking for the BOA’s support to establish the setbacks as requested, declare the property conforming and provide a durable variance that will not be subject to revocation by the City in the future. PUBLIC COMMENTS: Ms. Johnson noted and an email that was received by the City’s Clerk’s office from Ed Petrosius (Exhibit E). She then read it into the record. “Here’s another million-dollar project not wanting to adhere to the codes... I do not endorse the variances they are requesting. Either stay within the codes and guidelines or go somewhere else.” Mr. Barnhill asked to make a response. Mr. Sandler said yes. Mr. Barnhill said again that the application does not mention any proposed development. Staff believed it would be hard to judge a hardship when there is no development proposed. He said they are able to maintain the structure as long as it doesn’t go further into the setbacks. At no point has Zoning necessitated that the structure be torn down. Staff feels very strongly that the setbacks be for the existing improvements only because nothing in the application mentions any proposed development and nothing has been vetted by the BOA or staff. Ms. Johnson said in respect to the amendments made to the resolution proposed by the applicant, some of them are outside the BOA’s jurisdiction. She noted that the notice in this case was for specific variances in accordance with the application. Their proposed resolution would essentially grant setbacks not otherwise granted to any other in the R6 zone. She believed that they are suggesting that they could come in with an entirely new development project and not have to get a variance to develop outside what any other properties in the R6 zone would. This is outside the application that was presented and outside the noticing for this hearing. As far as the non-conformity, the only thing before the BOA today is the grant of a variance. There is nothing in the code to be able to make a non-conforming structure conforming. From a variance perspective, the standard is to grant the minimum variance that will make possible the reasonable use of the parcel, building or structure. She noted that it is within the BOA’s authority to grant a variance for the stairs, though. Mr. Farrey asked if Ms. Johnson said she didn’t think these things or if she was giving a legal opinion for the City. Ms. Johnson said those proposals were just given to her right now and she has not had a chance to vet them. She stated again that what is before them is the request for variances in the application. She said making a non-conformity a conformity is outside their jurisdiction. They are tasked with granting the minimum variance for reasonable use of the structure. To grant a variance for any future development, she would caution that it would be extremely hard if they were ever challenged on that to prove that a hardship existed when they haven’t presented a development plan or explained why a hardship exists to grant setbacks not otherwise given to a property in the R6 zone. Mr. Frank explained that they are asked for a zero-lot line future development that somehow the BOA would protect and that is beyond what they are trying to do today. Mr. Bendon mentioned that their requests have been clear in the application that was submitted last December, so staff has had plenty of time understand their request for setbacks, the request for the property to be deemed conforming and the ability to develop and use the property according to the 6 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 setbacks established by the BOA. He said he had many examples of those things being done in town without issue. There was some discussion of a BOA case that was called up to City Council who cited that the board hadn’t reviewed the criteria. Mr. Bendon said that is why he suggested that they include in the resolution that they had reviewed and applied the review criteria. Mr. Sandler asked Mr. Bendon, per what Ms. Johnson said, what the reasoning is behind the 5-foot setback that is being requested in relation to the hardships. Mr. Bendon said for them to achieve reasonable use of the property they are asking for what anyone else is able to do, which is to use the property, maintain it, expand, and even redevelop. He went on to describe issues with the property that can result in processes that normal properties do not have to go through. They are asking the BOA to establish setbacks that allow the property to have reasonable use. Mr. Shapery said it is their hope to build a one car garage and it would be hard without the 5-foot setback. Ms. Feddersen asked to show the map with the setbacks. Mr. Barnhill brought up the site map and described the blue line as the City’s suggested setbacks that would everything that is existing on the property and the orange line as the R6 zone setbacks. There was discussion on what can and can’t be done within the suggested setbacks. BOARD DISCUSSION: Mr. Frank started the discussion by stating that he did not see any life-safety argument here. The exterior stairs are not something that is granted to a single-family residence as a fire exit and is not supported in the adopted International Residential Building Code which is the City of Aspen’s standard. He felt it would be easy to grant the minimum setbacks to make everything fall within the setbacks and did not feel there was further argument to go to zero in this application. If they needed to come back with something, that could be on the table given the shape of the lot. Mr. Farrey stated as well that the external stair is not in the code. He asked the applicant and Mr. Bendon if the timing of the change to a single-family residence from a duplex was good intentioned related to when the stairs were rebuilt. Mr. Shapery said that they had bought the property several years ago and it was always their intention to convert it to a single-family home, but his first plan was to take steps to make it safe and legal. Once they relocated the stairs and made them safe, they would start on their remodel project. They weren’t able to do that because they received a notice from the City that they had to remove the stairs. There was never any intention to piecemeal anything, and they had never rented out either of the existing units. He went on to describe other issues with the City Building Department that have held up their eventual plans. Mr. Bendon added that the reason they are before the BOA asking for these setbacks is so that they can rely on them when it comes to any potential future plans and where they can be located. Mr. Shapery again stressed the importance of fire life-safety to them. Their plans were to include a interior spiral staircase and it would be very difficult to get a gurney down them and in the event of a fire, jumping out a window is not safe. 7 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Mr. Sack responded to Mr. Shapery that the exterior stairs are not guaranteed in International Residential Building Code and the spiral staircase is a decision that they would have to work with an architect to create a better solution to. He did not have an issue with leaving the exterior stair because it has done. He did not see where there is a need to go to a zero lot line on the other sides of the house to achieve reasonable use of the property. He thought that the setbacks recommended by the City would still allow reasonable use and from the site map that the City showed there is still 599 developable square feet within the R6 zone setbacks on the property. He said he would be happy to allow the back stair because of the work already done with the City and the letter from the adjoining neighbor but could not support the movement to a zero lot line as that seemed like it was pushing the boundaries of the lot. Ms. Feddersen agreed about the zero lot line and thought there was potentially a middle ground between what Mr. Bendon was asking and what the City was proposing. She thought the staircase was fine to remain. She understood that the house use has changed but had no issue with the stair being there. Mr. Sack added that he felt the 1-foot distance will not change the use of the property. He motioned to support the remaining of the rear stair and staff’s recommended setbacks. Mr. Farrey asked Mr. Bendon that according to a map shown, ¾ of the existing structure is violation of the setbacks. He agreed with other board members and thought it would be regressive to make them remove the stairs and that zero setbacks was a big ask. He thought the City’s concern was that if they gave everyone zero setbacks, which has not been done to date, is a timetable contingent on a shell permit. Mr. Sandler thought that this is a property with a 140-year history and was built in a way that you would never see today. After looking at the lot he could see where the hardships are, the history and where everyone intentions are. He also recognized the amount of time this has taken. He said the zero setbacks on three sides seem appropriate and the five-foot setback that is being asked for was ok for him. He saw the hardship there and which would save time in the future if things came back to the board. Mr. Head respectively disagreed with his fellow board members and said with all respect to the owners and Mr. Bendon, he did not buy any of this. He stated there is no hardship here that wasn’t created by the applicant. He thought conveying a variance would confer special treatment to this parcel which isn’t enjoyed by others in the zone district. He thought the setbacks proposed by the applicant is not a minimal variance at all. He stated that the applicant admitted that they never intended to keep this a duplex and got the enjoyment of adding a stairwell in a setback knowing they would convert to a single family. He said he would move to approve a denialof this resolution. Ms. Johnson stated that staff had recommended denial of the resolution and that a denial resolution could be presented. She referenced the two resolutions in the packet and the amendments that Mr. Bendon had proposed. She clarified that the primary difference between Mr. Bendon’s amended resolution and the City’s resolutions are that the City’s is suggesting that the approval be specific to the existing improvements on the structure and the variance not allow any other or future development into the setbacks. They can develop into the existing R6 zone. She said what Mr. Bendon has proposed is to bring it to straight setbacks that they could reply upon for future development, including a potential garage. 8 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 There was discussion on how to move forward with a motion and any potential compromise in the resolution language. Mr. Bendon said the 5-foot setback on the front is important regarding the ability to situate a garage on the property and if the City’s suggested setbacks to legalize the property in its current configuration could extend and allow for a development footprint, that would be acceptable. If the blue line on Mr. Barnhill’s site map could become the established setbacks, they could live with that. Ms. Johnson clarified that the way the City’s approval resolution was written was that these setbacks would be allowed for the existing improvements and if they wanted to develop or build anything on the property outside the existing structure, they would have to come back for a variance to build into those setbacks. That resolution could be tweaked. Mr. Barnhill displayed staff’s approval resolution and Ms. Johnson questioned how the board would get to a hardship related to future development without knowing why or what they are using it for or where they would want it to be. It was clarified that they would not have to come back to BOA for a variance to build within the existing R6 setbacks. Mr. Sandler asked if there was a proposed development in the future within the 599 square feet of the R6 setbacks, would the non-conformity aspect of the property come back up. Ms. Johnson said it could be, depending on what is proposed. She could not answer with any certainty without knowing what would be proposed. Mr. Sack asked for clarity on what the variance request was. He asked if it was just to allow the stairwell that was built to remain and wondered why they were dealing with future setbacks on other areas of the property. Mr. Bendon said the variance for the stairwell is what brought them to the BOA, but that they would like the property to be deemed conforming and to have a set of setbacks that would allow the reasonable use of the property, including to build a garage. Mr. Sack responded to Mr. Bendon that the ability to add a garage is there on the 599 square feet of developable area in the R6 zone setbacks. Mr. Bendon said not in the way they have drawn it out. Mr. Sack responded that then they would need to come with a presentation of how that would impede on that setback. He said they have not seen any kind of presentation and they have only seen a request to max out their lot lines which is something the BOA is not allowed to do according to the code. Mr. Head said if they were to allow this variance to go forward, he thought the staff’s recommendation on setbacks is very generous and did not see why they would have to go to a zero variance. Ms. Johnson tried to explain staff’s recommended setbacks as they appeared in the site map (blue line) related to the language in staff’s recommended approval resolution. There was then discussion on how to word a motion. Mr. Barnhill displayed both resolutions that were in the packet identifying one as including the applicant’s requested setbacks and one including staff’s. Mr. Bendon commented that if the setbacks were just to recognize existing improvements would be a variance to not allow them to do anything in the future. Mr. Sack said they could always come back to the BOA with a plan for how they needed the setback to be impeded on. There was discussion on the reasonable use of the property related to potentially having to come back before BOA for future development. Mr. Sandler said that he interpreted this request as the applicant wanting the same rights as anyone else in the R6 zone and they don’t have that if they have to come back in front of the BOA. Mr. Frank said that was not true. Mr. Head said that it was a non-conforming 9 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 lot of record, while all the other lots are conforming lots of record. Mr. Bendon said that’s why they want to be deemed conforming. Mr. Farrey said it should be deemed conforming and they were there to clean up the mess. Ms. Johnson responded that the BOA does not have the authority to deem something conforming, only the authority to grant dimensional variances. Mr. Sack again stated that they have never seen a case where they didn’t have a presentation to show specifically how the lot lines were going to be impeded and why there was a hardship. Mr. Bendon stated that cases like this have come before the BOA, just maybe before Mr. Sack’s tenure. He also stated that they would be ok with staff’s suggested setbacks and if needed a proviso that says that the variance does not survive a redevelopment of the property. Mr. Sandler and Mr. Farrey said that sounds reasonable. Ms. Johnson again clarified that staff’s recommendation is that the setbacks apply to the existing improvements on site only and that Mr. Bendon’s is to recommendation is to just grant the variance and allow any future development in that setback area without coming back to the board. MOTION:Mr. Frank moved to approve a 5’ front yard setback, a North side yard setback of 7”, a South side yard setback of 1’ 1”, and a combined side yard setback of 1’ 8” but only to these improvements and if they want to do any further improvements outside the 560 square foot R6 zone setbacks (orange box) they would have the ability to come back and demonstrate a hardship. Mr. Head reiterated the motion but said he did not see a hardship here that he could rely upon and that he would vote against any proposal. He was just trying to assist the board in something they could vote on. There was continued discussion on the proper language and details for a motion. Mr. Sandler motioned to approve Resolution #2 amending the 7’ 8” front yard setback to 5’ and including a 7” North side yard setback, 1’ 1” South side yard setback and a combined side yard setback of 1’ 8”. Mr. Head seconded. Mr. Farrey amended the motion to include that the setbacks would be to legalize existing improvements on site and that the applicant would not have to come back for development in the approved R6 zone setbacks. Mr. Head amended his second to include the additional language. Ms. Johnson stated that the motion on the table is the City’s proposed setbacks with the exception of a 5’ front yard setback and what was seconded was to amend that motion to allow future development within those setbacks and are not limited to just the existing improvements on site. Mr. Farrey said yes, like anyone else in the neighborhood. Ms. Johnson said that was not accurate. That anyone else would have to come back if they were to build outside of the R6 zone setbacks. Mr. Bendon asked what the motion includes with regard to the expiration of the variance. Mr. Head said one year like everyone else. There was then discussion about the allowed expiration of the variances and what can be done in that time. Mr. Bendon said it was their position that the BOA has the ability to set whatever they see fit. Mr. Farrey mentioned that the last time they did three years. Ms. Johnson said the code allows the BOA to establish different expiration dates if they have legitimate grounds to feel that’s appropriate. Mr. Farrey made a second amendment to the motion to include a three-year expiration date of the variances. Mr. Sandler seconded. 10 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 Roll call vote on amendment #1 to say these setbacks would not be limited to existing improvements on site: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Mr. Head, no; Ms. Feddersen, yes; Mr. Sandler, yes. 5-1. Roll call vote on amendment #2 to include a three-year expiration date: Mr. Farrey, yes; Mr. Frank, no; Mr. Sack, yes; Mr. Head, no; Ms. Feddersen, yes; Mr. Sandler, yes. 4-2. Ms. Johnson clarified the motion on the table, explaining that it would approve the resolution allowing the setbacks but not limit those setbacks to the existing improvements. That basically they have an unlimited setback. Mr. Farrey said that is not what he thought they were approving. Mr. Frank said he would not vote yes to allow the setbacks for everything in the future. There was further discussion on what the exact motion was. Mr. Head said that this house is already non-conforming, and they are already enjoying encroachment into setbacks in ¾ of the property. Now the board is agreeing to allow development all the way to these new setbacks, which is much more than anyone else in the zone district will enjoy. Mr. Barnhill again displayed the site map showing staff’s recommended setbacks and the existing R6 zone setbacks. Mr. Frank explained that the orange triangle is where they can develop within and be in compliance with the R6 zone in the future. He said their motion needs to read that they are approving the recommended setbacks but, in the future, the applicant can just build in the orange triangle without coming back to BOA. He said that is not how the current motion reads. Ms. Johnson again explained that the current motion would allow them to develop within the blue lines on the site map and that would be allowed for three years. She wasn’t clear if that was the board’s intent. Mr. Frank and Mr. Head said they would not vote yes for that motion. There was discussion that this motion would allow them to develop a new home that would go to every place within the blue line setbacks. Mr. Bendon said that was not the Shapery’s intent, to which Mr. Head replied that was not his question. Ms. Johnson asked Mr. Bendon that his suggestions is that within three years the applicant could build a home that covers the entire blue triangle area without coming back to the board for variances. Mr. Bendon said yes, but that if it makes the board more comfortable, they could put in a proviso about no redevelopment of the home, only for expansion. Mr. Head said a hardship is questionable and indefensible. He thought they should table this and let the courts rule upon this issue. He said this motion would double the size of the development of the property for a very questionable hardship. Ms. Johnson again stated there was a motion on the table and seconded and said a vote needed to be taken on it. She went on to go over the motion again stating it would approve staff’s recommended setbacks, with the front yard setback amended to be 5’, it would strike the “to legalize existing improvements on site” language on all setbacks, the expiration date of the setbacks to be three years from the date of approval and other development would be allowed within these setbacks without coming back to the board. Chairperson Sandler asked for a roll call vote on the motion. Roll call vote:Mr. Farrey, no; Mr. Frank, no; Mr. Head, no; Ms. Feddersen, no; Mr. Sandler, no. 5-0, motion fails. Ms. Johnson asked if she could propose the motion. Mr. Sandler said yes. Ms. Johnson proposed that the board adopt Resolution #2, series of 2022 with the following setbacks. Front Yard Setback Variance: 5’, setback to legalize existing improvements on site. 11 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT September 8th, 2022 N Side Yard Setback Variance: 7”, setback to legalize existing improvements on site. S Side Yard Setback Variance: 1’ 1”, setback to legalize existing improvements on site. Combined Side Yard Setback Variance: 1’ 8”, setback to legalize existing improvements on site. Rear Yard Setback Variance: 0’, setback to legalize existing improvements on site. She said the rest of the proposed resolution would remain unchanged. She said if someone agrees with that they could so move, and they may want to amend exhibit A to reflect those exact setback variances. Mr. Farrey said his proposal would be to approve the three-year term and the R6 zone district setbacks. Mr. Frank said nothing had to be added regarding the R6 zone setbacks because those are standard. There was some discussion on how the amended Front Yard Setback of 5’ would affect the existing R6 zone setbacks. It was moved to strike the “to legalize existing improvements on site” language just on the Front Yard Setback Variance. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 6-0 all in favor, motion passes. ADJOURN:Mr. Sandler motioned to adjourn. Ms. Feddersen seconded. All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk 12 Board of Adjustment Resolution # __, Series of 2022 Page 1 of 2 RESOLUTION #__ (SERIES OF 2022) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A PERMITTED USE VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED ADJSUTED PARCEL II, AS SHOWN ON THE BIBBIG SUBDIVISION EXEMPTION-LOT LINE ADJUSTMENT PLAT RECORDED JANUARY 15, 1997 IN PLAT BOOK 41 AT PAGE 31 AS RECEPTION NO. 400915, PITKIN COUNTY, COLORADO; COMMONLY KNOWN AS, 401 PARK AVENUE. Parcel ID No: 2737-074-50-002 WHEREAS, the Community Development Department received an application from BMH Investments – Brian and Shelly Hendry (Applicant), represented by Sara Adams of BendonAdams (Representative), for a Permitted Use Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – July 15th, 2022, as applicable to this Project; and, WHEREAS, the Community Development Department referred the Application to the City of Aspen Parks and Engineering Departments, and received recommendations of approval with conditions; and, WHEREAS, the Board of Adjustment reviewed an Application for a Permitted Use Variance for off-site construction staging, at a duly noticed public hearing on December 1st, 2022; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record; and, WHEREAS, the Board of Adjustment finds the request to meet the Review Criteria (Section 26.314.040) for a permitted Use Variance; and, WHEREAS, during a duly noticed public hearing on December 1st, 2022, the Board of Adjustment approved Resolution ___, Series of 2022, by a ___ to ___ (___ - ___) vote, approving a Permitted Use Variance for off-site construction staging, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants a Permitted Use Variance to allow for off-site construction staging on 401 Park Avenue during the construction of 333 Park Avenue, with conditions. Section 2: Engineering Department All activity on 401 Park Avenue must comply with Title 21 of the City of Aspen Municipal Code, and all adopted regulations of the City of Aspen Engineering Department. A. The City of Aspen Engineering Department must inspect and approve the restoration of 401 Park Avenue prior to issuance of a Certificate of Occupancy for 333 Park Avenue. Section 3: Parks Department All activity on 401 Park Avenue must comply with all adopted regulations of the City of Aspen Parks Department. The following conditions shall be met prior to issuance of a building permit for any permits for 333 Park Avenue or 401 Park Avenue: 13 Board of Adjustment Resolution # __, Series of 2022 Page 2 of 2 A. Parks will require tree protection fencing installed and inspected prior to allowing parking, construction dumpsters, and material staging. B. The City of Aspen Parks Department must inspect and approve the restoration of 401 Park Avenue prior to issuance of a Certificate of Occupancy for 333 Park Avenue. 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. FINALLY, approved this 1st day of December, 2022. Approved as to form: Approved as to content: __________________________ ______________________________ Katharine Johnson, Andrew Sandler, Chair Assistant City Attorney Attest: _______________________________ Nicole Henning, City Clerk 14 Page 1 of 4 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Planner I THRU: Bob Narracci, Zoning Administrator RE: 401 Park Avenue, Permitted Use Variance Review Resolution #__, Series of 2022 MEETING DATE: December 1st, 2022 APPLICANT: BMH Investments – Brian and Shelly Hendry, 1001 Fannin St. #3850 Houston, TX 77002 REPRESENTATIVE: Sara Adams, BendonAdams, 300 S. Spring St. #202, Aspen, CO 81611 LOCATION: 401 Park Avenue PID# 2737-074-50-002 CURRENT ZONING AND USE: Rural Residential (R-6) Historic Site Lot Size: 7,143 sq. ft. SUMMARY OF REQUEST: The Applicant requests a Permitted Use Variance to allow for construction staging on 401 Park Avenue, during the re- development 333 Park Avenue (Off-site construction staging). STAFF RECOMMENDATION: Staff recommends the BOA approved the requested Permitted Use Variance, with conditions. FIGURE 1: VICINITY MAP REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment (BOA): 15 Page 2 of 4 • Variance (Chapter 26.314) to grant a Permitted Use Variance for off-site construction staging (The Board of Adjustment is the final review authority). BACKGROUND AND EXISTING CONDITIONS: The subject site is 401 Park Avenue and is located in the Bibbig Subdivision. The property is 7,143 sq. ft. and is zoned Medium-Density Residential (R-6). The property is currently a historic site. 333 Park Avenue received a variance from the Board of Adjustment (BOA) for the construction of a single- family home in 2022 (Resolution #01, Series of 2022). 333 Park Avenue and 401 Park Avenue are under the same ownership. REQUEST: The Applicant requests approval for a Permitted Use Variance to allow for off-site construction staging on 401 Park Avenue, for the re-development of 333 Park Avenue. No permanent development is proposed on 401 Park Avenue. Most of the construction staging will be located within the extents of the 401 Park property with some additional staging on the 333 Park Avenue property. (see Figure 2). Once construction is complete for 333 Park Avenue, all staging will cease, and 401 Park Avenue will be returned to its original state. FIGURE 2: CONSTRUCTION STAGING AREAS ON 333 PARK AND 401 PARK AVENUE REVIEWS PERMITTED USE VARIANCE: In order to meet the Review Criteria and qualify for a Permitted Use Variance, 5 criteria must be met: 1. Proper notice of the request and public hearing must have been provided to surrounding property owners. 16 Page 3 of 4 2. Not approving the variance would result in a hardship and would render the property undevelopable. 3. The off-site construction staging must not have significant negative impacts on the neighborhood. 4. The property needs to be owned by the same owner, or written permission must be granted by the owner of the lot in which the construction staging is to occur. 5. The site must be restored to its original condition. STAFF COMMENTS Site constraints make construction staging on 333 Park Avenue difficult. In Resolution #01, Series of 2022, the BOA determined that 333 Park Avenue is subject to hardships such as: steep slopes, stream margin requirements, and a road easement that took up much of the buildable area on the lot. Approving a permitted use variance on 401 Park Avenue (under the same ownership) provides the applicant a reasonable solution to the site constraints during construction and reduces the impacts on 333 Park Avenue. The impacts will be minimal and temporary. The impacts of the off-site construction staging would have a minimal impact on the neighborhood. The construction staging on 401 Park will generally be confined in on-site gravel parking areas. The other two lots beyond 333 Park Avenue and 401 Park Avenue should not be hindered by the construction staging. The applicant suggests that the staging of equipment on 401 Park Avenue will: reduce the timeline of construction and create a less impactful construction project. Staff agrees that staging all of the necessary equipment on 333 Park Avenue would hinder construction on the constrained lot. This solution creates a viable alternative that minimizes the disruption of the normal neighborhood activities. The impacts of the off-site staging request are minimal and reasonable. The staging will utilize areas on 401 Park that are already disturbed and currently used for parking and storage. The portion of the house facing the proposed construction staging area is non-historic construction. Parks requires tree protection fencing installed and inspected prior to allowing parking, construction dumpsters, and material staging. The site will have to be fully restored prior to issuance of a Certificate of Occupancy for 333 Park Avenue. Staff feels the request meets the review criteria, is reasonable given the site context, and would have minimal impacts on the neighborhood. Additionally, 333 Park Avenue and 401 Park Avenue are under the same ownership, so the logistics are manageable. REFERRAL AGENCIES Staff consulted with the City Parks and Engineering Departments and each agree with Staff’s position - supporting a recommendation of approval with minimal conditions. RECOMMENDATION: Staff has found the application to meet all review criteria and recommends approval with conditions. Staff recommends all details for the 401 Park Avenue staging site are outlined, reviewed, and approved during the building permit process for 333 Park Avenue. ALTERNATIVE: If the BOA disagrees with any proposed conditions of approval in the resolution and wishes to amend the proposed Resolution by removing conditions of approval, staff requests the BOA continue the hearing to ensure the Parks and Engineering Department have an opportunity to weigh in on and respond to the proposed changes. PROPOSED MOTION (All motions are proposed in the affirmative): “I move to approve Resolution #__, Series 2022, approving a permitted use variance to allow for off-site construction staging for the redevelopment 333 Park Avenue, on 401 Park Avenue, with conditions.” ATTACHMENTS: 17 Page 4 of 4 Exhibit A – Variance Review Criteria, Staff Findings Exhibit B – Application Exhibit C – Public Notice Affidavit 18 Exhibit A Permitted Use Variance – Review Criteria 401 Park Avenue Construction Staging Variance 26.314.040 – Variances B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision- making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.— c. Staff Response: Adequate noticing was provided for the request – staff finds this criterion to be met. 2. A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconvenience. Staff Response: The applicant proposes to stage construction equipment on 401 Park Avenue for the construction of a single-family home located at 333 Park Avenue. 333 Park Avenue was granted a variance by the Board of Adjustment in 2019 for the construction of a single-family home. (Resolution #05, Series of 2019, among other approvals) The variance from 2019 expired and 333 Park Avenue was granted another variance for the construction of a single-family home in 2022. (Resolution #01, Series of 2022) In each instance, the Board of Adjustment determined that that there were steep slopes, areas of restricted development, and granted the variances due to hardship. Approving a permitted use variance on 401 Park Avenue (under the same ownership) provides the applicant a reasonable solution to site constraints during construction and reduces impacts on 333 Park Avenue. 401 Park Avenue will maintain their minimum parking requirements. The impacts on 401 Park Avenue will be minimal and temporary. Staff finds that the subject variance is the only reasonable method by which to afford the applicant relief. Additionally, Staff finds this criterion to be met with conditions set by the Parks Department. 3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. Staff Response: 401 Park Avenue is bordered by 333 Park Avenue, 341 Park Avenue, and 403 Park Avenue. The construction staging equipment, materials, parking, and construction related activity will be wholly located on the 401 Park Avenue property. The applicant suggests that the staging of equipment on 401 Park Avenue will: reduce the timeline of construction and create a less impactful construction project. Staff agrees that staging all of the necessary equipment on 333 Park Avenue would hinder the construction on the constrained lot. This solution creates a viable alternative that minimizes the disruption of the normal neighborhood activities. Staff finds this criterion to be met. 4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 19 Exhibit A Permitted Use Variance – Review Criteria 401 Park Avenue Construction Staging Variance Staff Response: 401 Park Avenue and 333 Park Avenue are under the same ownership. If ownership changes during construction, a separate building permit must be approved. A condition of approval will be verification that the new owner understands construction staging has been approved for 401 Park Avenue and is authorized to continue until completion of the project at 333 Park Avenue. Staff finds this criterion to be met with conditions. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision-making body to ensure such restoration. Staff Response: The construction staging will utilize existing parking areas on site. If construction has not commenced on 333 Park Avenue or has stalled for more than a year, by the time the variance expires, the subject parcel shall be restored to its original condition. The property will be restored to its original condition after completion of construction and receipt of a Certificate of Occupancy. Staff finds this criterion to be met. 20 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM June 28, 2022 Aspen Community Development Department Board of Adjustment City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 401 Park Avenue – Temporary Construction Staging Dear BOA, Please accept this application for a variance to allow temporary construction staging on the 401 Park Avenue property to facilitate a faster and more efficient build for the new single family home at 333 Park Avenue – both properties are owned by the Hendry family. The Board of Adjustment is authorized to grant a variance from “permitted uses, but only to allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or construction staging.” Construction staging is not a recognized use in the current Land Use Code - requesting a variance from a use that is not listed in the Code seems like a bureaucratic exercise; however, it is now required in order for the City to process the building permit for the single family home at 333 Park Avenue. We respectfully request the BOA authorize the ability to temporarily use 401 Park Avenue in the construction of the single family home at 333 Park Avenue. Adding confusion to this requirement are the number of past and current ongoing projects that did not need a BOA variance for offsite construction staging on other properties. For example, historic preservation projects also typically stage landmark buildings on separate lots to facilitate the excavation of a basement and the safety of the historic structure. The 333 Park property is located off Park Avenue with access via an easement that also provides vehicular access to three other properties. Figure 1: Map of 333 and 401 Park Avenue. 401 Park 333 Park 21 401 Park Ave Board of Adjustment Owners Brian and Shelly Hendry submitted a permit to construct a single-family home for their family of 4 kids and two dogs. As the BOA is fully aware, there are significant site constraints that create hardships on the 333 Park property. 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. An emergency access easement turnaround is located at the northwest of the property, and the Roaring Fork River restricts any impacts at the rear of the site. The Hendrys request the ability to use 401 Park to temporarily stage materials and for construction management. This is the best outcome for the Figure 2: Overview of proposed construction staging on 401 and 333 Park. 401 Park Figure 3: Detail of construction site plan showing significant distance from 401 Park to any construction staging. 22 401 Park Ave Board of Adjustment neighborhood as it allows a quicker construction timeframe and avoids using the tight side setbacks on 333 Park for construction staging which greatly reduces adverse impacts to adjacent neighbors during the construction process. Construction parking can be accommodated on the 401 Park property greatly reducing the impacts of parking on the neighborhood. 333 Park 401 Park Figure 4: Street level view of 401 Park with 333 Park located downhill. Parking for 401 Park is located in the front yard accessed from Park Avenue. This area is not impacted by the proposed CMP. Figures 5 & 6: Photographs of 401 Park Avenue as viewed from 333 Park. 23 401 Park Ave Board of Adjustment The proposed construction staging area is located well below the historic landmark on the 401 Park property. The 401 Park property is significantly sloped down toward 333 Park. Construction impacts are located on at the lowest point of the property, closest to 333 Park. Location of construction staging is in an area that is already disturbed and is currently used for parking and random storage. The portion of the house facing the proposed construction staging area is non-historic construction. Trees will be protected per Parks Department requirements. Parking for 401 Park located in the front of the property, accessed from Park Avenue, is not impacted by this proposal. We believe the Board of Adjustment’s approval of this temporary variance 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 neighborhood. Approval would be defensible from a standard-of-review standpoint and a responsible action of the Board. Thank you for your time reviewing this application and we look forward to your review. Kind Regards, Sara Adams, AICP sara@bendonadams.com 970-925-2855 Attachments A – Variance Standards of Review B – Land Use application C - Agreement to pay form D – Pre-application summary E - Authorization to represent F - Disclosure of ownership G - HOA compliance form H- Vicinity Map I – Mailing list J - Survey K - Construction Management Plan 24 401 Park Ave Exhibit A – Standards for Review Exhibit A 26.314.040 Standards applicable to variances. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision-making body shall make a finding that all of the following circumstances exist: (1) Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—c. Response – Proper notice will be provided prior to the BOA hearing. (2) A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconvenience. Response - The health, safety and welfare of the citizens of the City is greatly impacted by construction activity, as evidenced by the most recent residential moratorium. This project seeks to reduce the timeline of construction by temporarily staging materials, parking, and construction related activity on the adjacent 401 Park Avenue property. 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 explicitly states that lands contain “relatively dense settlements…” which infers those homes are built relatively close together. A variance to allow temporary construction staging creates a faster and less impactful construction project on the residential neighborhood. 333 Park has numerous development restrictions where most properties only have one. The stream margin area pushes development 15 feet from the top of slope line which cuts the property almost in half, and the 45-degree progressive height limit measured from the top of slope reduces allowable height. A vehicular access easement in the front yard pushes development toward the river and the stream margin setback and height restrictions. In addition to the access easement and the stream margin regulation, the lot is sloped and partially underwater which limits floor area but does not reduce setback requirements. BOA is well aware of these site constraints based on the past two BOA granted variances for the single family home at 333 Park Avenue. These unique site constraints motivated the design team and builder to explore other options for construction management of this tight site that would reduce time and construction impacts on the neighbors. Using 401 Park Avenue as a temporary construction staging location is consistent with numerous projects throughout Aspen (including City owned projects) that utilize offsite locations for their construction management plan. (3) The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. Response- The off-site construction staging minimizes disruption on surrounding properties, protects the top of bank, and maintains an open access easement during construction. 25 401 Park Ave Exhibit A – Standards for Review (4) If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. Response – n/a. Ownership of off-site parcel is the same as 333 Park Avenue. (5) Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision-making body to ensure such restoration. Response - The grant of variance is for a temporary situation that is the minimum variance needed to shorten construction timeframes and impacts on the residential neighbors. The 401 property will be minimally impacted as existing parking areas will be used for construction staging. The property will be restored to its original condition at the completion of construction and receipt of a Certificate of Occupancy, not the expiration of the variance. 26 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:___________________________________ Have you included the following?FEES DUE: $ _3,250_____________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Description: Residential landmark property. Request ability to use portion of property for temporary construction staging to expedite the construction of 333 Park Avenue. Review: Board of Adjustment review 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 ________ exhibit B BOA review for temporary construction staging variance 27 28 29 2 • • • •    30 3    ½    31 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM June 27, 2022 Amy Simon Planning Director City of Aspen RE: 401 Park Avenue, Aspen CO Ms. Simon: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 401 Park Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 401 Park Avenue, Aspen CO 81611 Legal Description – Bibbig Subdivision Exmeption Lot 2, Adjusted Parcel 2 Parcel ID – 2737-074-50-002 Owner – BMH Investments LTD Kind Regards, Brian Hendry BMH Investments LTD 840 Gessner Rd. #1000 Houston, TX 77024 Signature: Email: Brian Hendry (Jun 29, 2022 07:58 MDT) Brian Hendry Brian Hendry hendrybrian@mac.com 32 Standard Authorization letter Final Audit Report 2022-06-29 Created:2022-06-29 By:sara adams (sara@bendonadams.com) Status:Signed Transaction ID:CBJCHBCAABAAVvfHOtVQaJ_FUbpVXwQh7IYx9GEm5PTi "Standard Authorization letter" History Document created by sara adams (sara@bendonadams.com) 2022-06-29 - 1:34:32 PM GMT- IP address: 73.3.253.79 Document emailed to hendrybrian@mac.com for signature 2022-06-29 - 1:35:05 PM GMT Email viewed by hendrybrian@mac.com 2022-06-29 - 1:57:28 PM GMT- IP address: 172.224.247.21 Document e-signed by Brian Hendry (hendrybrian@mac.com) Signature Date: 2022-06-29 - 1:58:16 PM GMT - Time Source: server- IP address: 73.95.16.211 Agreement completed. 2022-06-29 - 1:58:16 PM GMT 33 ALTA Commitment For Title Insurance AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 34 ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby 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 covered hereby 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 Schedule 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 hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (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. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 35 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse 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 or 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. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and 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. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of 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. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. 36 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 9, 2022 at 8:00 AM Case No. PCT25735W2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(8/1/2016) Amount$ 4,650,000.00 Premium$ 7,968.00 Proposed Insured: Rate: Standard BMH INVESTMENTS, LTD., a Texas limited partnership (b) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: (c) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DIETER BIBBIG 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: ADJUSTED PARCEL II, as shown on the BIBBIG SUBDIVISION EXEMPTION-LOT LINE ADJUSTMENT PLAT recorded January 15, 1997 in Plat Book 41 at Page 31 as Reception No. 400915. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: 37 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. A current survey, certified to Pitkin County Title, Inc. and Westcor Land Title Insurance Company by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Certified copy of death certificate for Dieter Bibbig. 3. Personal Representative's Deed describing the time and place of probate and the date of appointment, and noting the State Documentary Fee, conveying the subject property to BMH INVESTMENTS LTD. 4. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of Limited Partnership relating to BMH INVESTMENTS, LTD., a Texas limited partnership, a Colorado Limited Partnership, disclosing the names of the partners, and otherwise complying with the requirements of "73 CRS 7-62-201 evidencing the existence of said Limited Partnership, and the filing of said Certificate of Limited Partnership in the Office of the Secretary of State of the State of Colorado on, or prior to, its acquisition of the subject property. NOTE: It is preferable that the above document be recorded with the Clerk and Recorder, but such recordation is not absolutely necessary. A copy of the Partnership Agreement must be delivered to and approved by the Company. Duly executed Statement of Authority for BMH INVESTMENTS, LTD., a Texas limited partnership, disclosing the name of the Partnership, and the names and addresses of the Partners empowered to act pursuant to the Partnership. NOTE: The above requirement is necessary in order to determine the person(s) authorized to execute documents necessary to complete the transaction contemplated herein. 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 38 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 168 and Book 175 at Page 171. 8. Terms, conditions, provisions and obligations as set forth in Deed of Easement recorded September 14, 1970 in Book 250 at Page 618 as Reception No. 142148. 9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 23, 1973 in Plat Book 4 at Page 398. 10. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded October 28, 1975 in Book 304 at Page 693 as Reception No. 178853. 11. Terms, conditions, provisions and obligations as set forth in Easement recorded June 21, 1978 in Book 350 at Page 266 as Reception No. 205152. 12. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded November 23, 1981 in Book 417 at Page 697 as Reception No. 237287. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 15, 1997 in Plat Book 41 at Page 31 and First Amended Plat thereof recorded January 27, 2012 in Plat Book 99 at Page 13. 14. Terms, conditions, provisions and obligations as set forth in Agreement for Easements recorded October 7, 1997 as Reception No. 409237. 15. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 31, 1998 as Reception No. 420090. 16. Terms, conditions, provisions and obligations as set forth in Shared Sewer Service Line Agreement recorded July 31, 1998 as Reception No. 420091. 17. Terms, conditions, provisions and obligations as set forth in Right of First Refusal recorded August 3, 2017 as Reception No. 640394. (Continued) 39 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 18. Terms, conditions, provisions and obligations as set forth in Amendment to Agreement for Construction of Sanitary Sewer System and Grant of Easements recorded February 4, 2021 as Reception No. 673243. 19. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. 40 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25735W2 SELLER: DIETER BIBBIG BUYER: BMH INVESTMENTS, LTD., a Texas limited partnership The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. 41 PITKIN COUNTY TITLE, INC. Disclosures Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. 42 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 43 Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. 44 45 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 8910 354 425 REFERENCE:PCT25735W2/BMH INVESTMENTS, LTD., a Texas limited partnership 46 47 PD PD PD PD LP PD PD PD R-6 P R-15 R-15A R/MF R-15 R-15 R-15A R-15 R-6 R-6 PR-15 R/MF R-6 KING S T Q U E E N S T NEA L E A V E PAR K A V E KATHRYNS WAY ARDMORE CT M I D L A N D A V E A R D M O R E D R MI D L A N D A V E E HOP K I N S A V E S W E S T E N D S T E COO P E R A V E N R I V E R S I D E A V E PA R K A V E DALE AVE E HYM A N A V E E HYM A N A V E E HOPKI N S A V E E HOPKINS A V E E HOP K I N S A V E PA R K A V E P A R K A V E NEAL E A V E PAR K C I R MIDLAND PARK PL Date: 6/27/2022 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 2022 City of Aspen GIS 0 0.03 0.060.01 mi When printed at 8.5"x11" 4 Legend Urban Growth Boundary (UGB) Emissions Inventory Boundary (EIB) City of Aspen Greenline 8040 Stream Margin Hallam Bluff ESA Historic Sites Historic Districts Parcels Zone Overlay DRAINAGE LP PD DRAIN/TRANS GCS PD L PD LP PD Zoning R-3 High Density Residential AH Affordable Housing R/MF Residential/Multi-Family R/MFA Residential/Multi-Family R-6 Medium Density Residential R-15 Moderate Density Residential R-15-A Moderate Density Residential R-15B Moderate Density Residential R-30 Low Density Residential RR Rural Residential L Lodge CL Commercial Lodge CC Commercial Core C-1 Commercial SCI Service Commercial Industrial NC Neighborhood Commercial MU Mixed Use SKI Ski Area Base C Conservation OS Open Space P Park WP Wildlife Preservation A Academic Scale: 1:3,047 401 Park Avenue Vicinity Map 48 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. 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: 273707450002 on 06/27/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 49 1050 MATCHLESS ONE LLC ASPEN, CO 81612 PO BOX 4900 1208 EAST HOPKINS LLC ASPEN, CO 81611 312 AABC STE D 165 PARK CIRCLE CONDO ASPEN, CO 81611 COMMON AREA 302 ASPEN VIEW LLC AUSTIN, TX 78733 2703 DE SOTO DR 311 PARK AVE LLC SAN FRANCISCO, CA 94123 3047 FILLMORE ST 315-317 PARK AVE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 315 PARK AVE 328 PARK/327 MIDLAND CONDO ASSOC ASPEN, CO 81611 COMMON AREA 328 PARK AVE 622 OCEAN LLC ISLE OF PALMS, SC 29451 PO BOX 522 981 KING STREET LLC ASPEN, CO 81612 PO BOX 3123 990 KING ST UNIT #2 LLC ASPEN, CO 81611 1295 RIVERSIDE DR 990 KING ST UNIT #4 LLC ASPEN, CO 81611 1295 RIVERSIDE DR AJAX LAND LLC CHEYENNE, WY 82001 316 E 25TH ST #B ALVIS MARCI L HOUSTON, TX 77040 8827 W SAM HOUSTON PKWY N #200 AMORY LEE RANDOLPH ASPEN, CO 81611 403 PARK AVE #7 ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A ASPEN, CO 81611 409 PARK CIR #4 ARAPAHOE LLC ST PAUL, MN 55110 1201 N BIRCH LAKE BLVD ASPEN ASSET LLC GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 ASPEN HILLS CONDO ASSOC ASPEN, CO 81611 160 MIDLAND AVE ASPEN VIEW CONDO ASSOC ASPEN, CO 81611 326 MIDLAND AVE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 210 E HYMAN AVE #202 AUVIL CAROL A TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR AUVIL PAUL R JR TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR BAKKEN JOHN & LIZA N ASPEN, CO 81612 PO BOX 12064 BALLOU JONATHAN ASPEN, CO 81611 403 PARK AVE #6 BELINDA BEE CONDO ASPEN, CO 81611 990 KING ST BENTLEY CARL F ASPEN, CO 81611 427 PARK CIR BENZIGER KATHERINE ASPEN, CO 816110245 1050 MATCHLESS DR #2 BERNARD RANDY ASHEVILLE, NC 28805 18 PLATEAU RD BESTIC JEFFREY B ASPEN, CO 81611 PO BOX 2267 BIRACH KAREN ASPEN, CO 81611-2414 122 MIDLAND PARK PL 50 BLOMQUIST JENIFER L ASPEN, CO 81612 PO BOX 12155 BLUE SKYE DAISY BROOKE PARTNERSHIP LLLP ASPEN, CO 81611 1024 E HOPKINS #17 BLUMENTRITT DAVID & NATALIE ASPEN, CO 81611 403 PARK AVE #8 BMH INVESTMENTS LTD HOUSTON, TX 77024 840 GESSNER RD #1000 BORN FREE ASPEN LLC AUSTIN, TX 78746 2001 STONERIDGE TERR BROOKS KERRI L ASPEN, CO 81611 112 MIDLAND PARK PL BROWNELL CONDO ASSOC ASPEN, CO 81611 996 GIBSON AVE CALAMARI PETER J IV ASPEN, CO 81611 415 PARK CIR #4 CALK LAURA E ASPEN, CO 81611-2472 722 MIDLAND PARK PL CARDWELL ROBERT A LAGUNA BEACH, CA 92651 1672 LOUISE ST CERESA CRISTINA A ASPEN, CO 81611 425 PARK CIR #A-2 CHAZEN DAVID FRANKLIN II NEW YORK, NY 10169 230 PARK AVE #1825 CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL CMTR LLC ASPEN, CO 81612 PO BOX 7631 COERDT CLINTON C ASPEN, CO 81611 326 MIDLAND AVE #201 COERDT HENRY K ASPEN, CO 81611 326 MIDLAND AVE #201 COLAS CONDO ASSOC ASPEN, CO 81611 341 PARK AVE COLORADO MTN NEWS MEDIA CARSON CITY, NV 89702 PO BOX 1927 COWLING LINDA ASPEN, CO 81612 PO BOX 9656 CROFT LORI FORT WORTH, TX 76109-1355 2516 SHIRLEY AVE CRYDEN PARK LLC ASPEN, CO 816122538 PO BOX 2538 CUNNINGHAM CAITLYN E ASPEN, CO 81611 425 PARK CIR #A1 CUNNINGHAM PAMELA M ASPEN, CO 81611 502 MIDLAND PARK PL CURRAN MIKE & VERONICA REV TRUST HOUSTON, TX 77027 3433 WESTHEIMER RD #1103 DAVIS D STONE ASPEN, CO 81612 PO BOX 8904 DECRAY MARCELLA IRREV PROPERTY TRUST SANTA MONICA, CA 90405 1528 HILL ST DECRAY MARCELLA TRUST SANTA MONICA, CA 90405 1528 HILL ST DIBELLO JACQUELINE ASPEN, CO 81611 990 KING ST # 1 DODINGTON SUSAN M ASPEN, CO 81611 221 MIDLAND PARK PL EPLER ANDI E ASPEN, CO 81611-2590 415 PARK CIR #3 51 EPSTEN BRADFORD M QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST EPSTEN VIRGINIA H QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST EVERETTE JOHN ASPEN, CO 81611 712 MIDLAND PARK PL FARR TENA D SPRECKELS, CA 93962 PO BOX 7534 FARR TENA D 1989 TRUST SPRECKELS, CA 93962 PO BOX 7534 FARRELL SCOTT W ASPEN, CO 81612 PO BOX 9656 FAT CITY APARTMENTS LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 FERLISI MARY SANDRA LIVING TRUST ASPEN, CO 81611 326 MIDLAND AVE #307 FERRO TAMARA ASPEN, CO 81611 304 MIDLAND PARK PL FINLEY CLAIRE SNOWMASS VILLAGE, CO 81615 PO BOX 6828 FRONT FOUR LLC AUSTIN, TX 78703 2608 MCCALLUM DR FUENTES DAVID & MARY KATHARINE ASPEN, CO 81611 302 MIDLAND PARK PL #C2 FULL MOON ASPEN LLC ASPEN, CO 81611 308 PARK AVE GARTON SARA B ASPEN, CO 81611 110 MIDLAND PARK PL GLEASON AMY ASPEN, CO 81611 712 MIDLAND PARK PL GODFREY ANDREW & DIANE ASPEN, CO 816112473 603 MIDLAND PARK PL GOLDSTEIN GARY L LVG TRUST NO 1 ASPEN, CO 816114109 1020 E HOPKINS AVE #7 GOODMAN DREW I HIGHLANDS RANCH, CO 801263609 9387 SORI LN GOODROE SHIRLEY A CAMP HILL , PA 17011 3503 MARGO RD GORBITZ HEIDI & PATRIC ASPEN, CO 81612 PO BOX 647 GRAHAM MARGOT ASPEN, CO 81612 PO BOX 2254 GRIFFITHS THOMAS W ASPEN, CO 81611 504 MIDLAND PARK PL HAGEN CATHERINE ANNE ASPEN, CO 81611 210 MIDLAND PARK PL HANSEN BETH ASPEN, CO 81611 811 MIDLAND PK PL # H11 HAT COLORADO LLC LOS ANGELES, CA 90024 10866 WILSHIRE BLVD #1100 HECK JAMES C ASPEN, CO 81612 PO BOX 8416 HELBING ATHENA ASPEN, CO 81611 403 PARK AVE #6 HEMMING GREGG S & KAREN S ASPEN, CO 81611 311 MIDLAND AVE HENDRICKS LYNDELL B ASPEN, CO 81612 PO BOX 11152 HERMELIN ASPEN LLC FRANKLIN, MI 48025 32205 BINGHAM RD 52 HEYMAN BRUCE QPR TRUST ASPEN, CO 81611 625 E MAIN ST #102 BOX 411 HEYMAN VICKI QPR TRUST OGDENSBURG , NY 136695000 PO BOX 5000 HIGGINS PAUL ASPEN, CO 81611 303 MIDLAND PARK PL #C-3 HITCHCOCK SAMANTHA ASPEN, CO 81612 PO BOX 329 HOLLINGER JESSICA ASPEN, CO 81611 403 PARK AVE #3 HOUBEN CYNTHIA MICHELE ASPEN, CO 81612 PO BOX 9616 HTM PROPERTIES LLC ASPEN, CO 81611 11 SMUGGLER GROVE RD HUA VINH ASPEN, CO 81612 PO BOX 2439 HUMPHREY JESS ASPEN, CO 81611 811 MIDLAND PK PL # H11 IBARA RON CAYUCOS, CA 93430 PO BOX 776 J2C LLC 1130 VIENNA AUSTRIA , PACASSISTRASSE 62 JACOBIE CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK CIR JEFFERSON GREG ASPEN, CO 81611 711 MIDLAND PARK PL JOHNSON SHAEL ASPEN, CO 81612 PO BOX 3549 JOHNSTON PEGGY ASPEN, CO 81611 111 MIDLAND PARK PL KALNITSKY EUGENE TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 KALNITSKY LINDA BUDIN TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 KAWAII DOG LLC ASPEN, CO 81611 729 E BLEEKER ST KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD KELLEY BRAD BUCKLEY & SHARI L EDEN, UT 84310 1736 N 6250 E KENNEDY PATRICIA ANN REV LIV TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W CHILDRENS TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W FAMILY TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W REV LVG TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD KERN JORDON ASPEN, CO 81611 403 PARK AVE #2 KETAI JAMES A DETROIT, MI 48201 3663 WOODWARD AVE #500 KOLBERG JUDITH A ASPEN, CO 81611 501 MIDLAND PARK PL KRIEBEL KATHLEEN ASPEN, CO 81612 PO BOX 910 KRIGEL SANFORD P TRUST KANSAS CITY, MO 64111 4520 MAIN ST KRIGEL SCOTT W TRUST KANSAS CITY, MO 64111 4520 MAIN ST 53 KROMELOW BASIL M & LAUREANNE L CHICAGO, IL 60610 55 W DELAWARE PL KURNOS TIMOTHY A ASPEN, CO 81611 403 PARK AVE #9 LACROIX TIMOTHY ASPEN, CO 81611 113 MIDLAND PARK PL LDRAM 2 LLC PARADISE VALLEY, AZ 85253 3900 E BETHANY HOME RD LEE BARBARA C TRUST BROOKLINE, MA 02445 35 FISHER AVE LEE JONATHAN O TRUST BROOKLINE, MA 02445 35 FISHER AVE LIEN-TWO CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK AVE LOWE GREGG & DIANA ASPEN, CO 81611 302 PARK AVE LOWE SARA M & CORY J ASPEN, CO 81611 407 PARK AVE #B LUPI-PEATE NATALIA ASPEN, CO 816112487 404 MIDLAND PARK PL LUU TONG KHON ASPEN, CO 81611 435 E MAIN ST #03 LUU VINH ASPEN, CO 81612 PO BOX 8513 MACCRACKEN SCOTT R ASPEN, CO 81611 403 MIDLAND PK PL # D3 MAINIAC PROPERTIES LLC SCARBOROUGH, ME 04074 201 US ROUTE 1 #226 MANUEL CATHERINE & LINCOLN ASPEN, CO 81611 409 PARK CIR #2 MARTHINSSON NOSTDAHL CONDO ASSOC ASPEN, CO 81611 403 PARK AVE MARVER BRIAN AUSTIN, TX 78701 301 WEST AVE #3105 MCCOY CARLTON ST HELENA , CA 94574 500 TAPLIN RD MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 MCKELVEY CHRISTINE M REV TRUST ASPEN, CO 81611 415 PARK CIR #2 MCKNIGHT SPENCER ASPEN, CO 81611 403 PARK AVE #10 MCLAUGHLIN KEVIN ASPEN, CO 81611 403 PARK AVE #4 MCPHEE JAMES MICHAEL & ANNE MARIE ASPEN, CO 81611 401 MIDLAND PARK PL MEBEL GREGORY REV LIV TRUST PAIA, HI 96779 46 S LAELUA PL MERZBACH NINA SANTA BARBARA, CA 931053725 407 STANLEY DR MIDLAND PARK PLACE CONDO ASSOC ASPEN, CO 81612 PO BOX 10609 MJJ 2020 LLC DALLAS, TX 75229 10244 EPPING LN MORK HALBERT FAM TRUST ROLLING HILLS, CA 90274 77 ASPEN WAY MOYER MARY ASPEN, CO 81611 424 PARK CIR #6 MUNROE KRISTIN EPLER TRUST ASPEN, CO 81611-2590 415 PARK CIR #3 54 NARAT APSARA ASPEN, CO 81611 415 PARK CIR #5 NEARY DENNIS R & NANCY CENTLIVRE INDIANAPOLIS, IN 46236 8282 BOWLINE CT OCALLAGHAN-AWREY DIANA J ASPEN, CO 81611 PARK CIRCLE #425-C OVERTON MADELYN ASPEN, CO 81611 403 PARK AVE #2 PAGANO JOSEPH A ASPEN, CO 81611 1020 E HOPKINS #2 PARK & HOPKINS LLC DENVER, CO 80211 3512 N PECOS ST PARK AVENUE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 102 PARK AVE PARK AVENUE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 407 PARK AVE UNIT A PARK CIRCLE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 425 PARK CIR PARK CIRCLE UNIT 1 LLC ASPEN, CO 81611 416 AABC PATTEN DAVID N ASPEN, CO 81611 810 MIDLAND PARK PL PEATE WILLIAM DOUGLAS ASPEN, CO 816112487 404 MIDLAND PARK PL PEISACH KIRSTEN ASPEN, CO 81611 605 E MAIN ST #10 PERLEY PAUL S ASPEN, CO 81612 PO BOX 12155 PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81612 PO BOX 8245 PICKARD NANCY S ASPEN, CO 81611 1020 E HOPKINS AVE #4 PIERCE ROBERT KING ASPEN, CO 81612 PO BOX 3118 PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 POST MARISA JOY ASPEN, CO 81611 403 MIDLAND PK PL # D3 PRESUTTI DANA ASPEN, CO 81611 501 E DEAN ST PURINS ANSIS ASPEN, CO 81611 501 E DEAN ST RACQUET CLUB CONDO ASSOC ASPEN, CO 81611 1000 MATCHLESS DR RICH VICTORIA CREVE COEUR, MO 63141 455 RIDGECORDE RISPOLI MAXWELL ASPEN, CO 81611 605 E MAIN ST #10 RIVERVIEW CONDO 26 LLC BOULDER, CO 80301 1630 A 30TH ST PMB #387 RIVERVIEW CONDO ASSOC ASPEN, CO 81611 COMMON AREA RUSSELL LYNN C ASPEN, CO 81612 PO BOX 8904 SACHSE TODD DETROIT, MI 48201 3663 WOODWARD AVE #500 SCHROEDER PATRICIA A REV TRUST PINE RIVER, MN 56474 36261 SPRUCE TR SEMPLE SASHA L ASPEN, CO 81611 625 E HYMAN AVE #201 55 SEVENTYNINE08 LLC DES MOINES, IA 50309 801 GRAND AVE #3560 SEYMOUR FAMILY TRUST LLC SANTA MONICA, CA 90402 101 OCEAN AVE SHERIDAN MARGARET BRONXVILLE, NY 10708 29 VILLAGE LN SMISEK WAYNE E COLORADO SPRINGS, CO 80901 PO BOX 1598 SMITH DONALD NELSON ASPEN, CO 81611 501 MIDLAND PARK PL SMITH JACK L & DIANE M EVERGREEN, CO 80439 434 COTTONWOOD DR SPONAR ANTON K & JUDY ASPEN, CO 81611-2486 222 MIDLAND PARK PL SPRING LANE INVESTMENTS LLC-RIVER SERIES FORT LAUDERDALE, FL 33308 3100 OCEAN BLVD #1210 STEAR RONALD & MARIA F ASPEN, CO 81611 402 MIDLAND PARK PL STEIN DEBORAH ASPEN, CO 81611 710 MIDLAND PARK PL SUNIER ALAIN ASPEN, CO 81611 315 MIDLAND AVE SURVIVORS TRUST ALAMEDA, CA 94501 1352 BAY ST TAILINGS CONDO ASSOC ASPEN, CO 81611 424 PARK CIR TAYLOR JOHN IAN ASPEN, CO 81611 331 MIDLAND AVE TAYLOR SHAWN ASPEN, CO 81611 304 MIDLAND PARK PL TERKUN MARK ASPEN, CO 81612 PO BOX 329 THRELKELD JOHN ASPEN, CO 816110245 1050 MATCHLESS DR #2 TROUSDALE MARGARET OB GREENWOOD VILLAGE, CO 80121 7 ALEXANDER LN TRQ 20 LLC LEXINGTON, KY 40502 3153 LAMAR DR TRQ 21 LLC LEXINGTON, KY 40502 3153 LAMAR DR TUSHINGHAM DARREN SUNNYSIDE , NY 111041930 4149 45TH ST #4A VICENZI HEATHER L TRUST ASPEN, CO 81612 PO BOX 2238 WAGAR RICHARD H ELK RAPIDS, MI 49629-9778 6718 W HARBOR DR WEBSTER DAVID H ASPEN, CO 81612 PO BOX 10362 WEIGAND NESTOR R JR LIV TRUST WICHITA, KS 67202 150 N MARKET ST WEISBARD MARK W WILMETTE, IL 60091 1706 CENTRAL AVE WELDEN TODD E & DEBORAH C ASPEN, CO 81611 503 MIDLAND PARK PL #E3 WESTERMAN JEFF & TERI ENCINO, CA 91316 5130 SHOSHONE AVE WHITE ROBIN ASPEN, CO 81611 213 MIDLAND PARK PLACE WHITE WILLIAM P ASPEN, CO 81611 326 MIDLAND AVE #204 56 WIEZBOWSKI SHARON A & STEPHEN L REV TRUST SAN FRANCISCO, CA 94109 151 ALICE B TOKLAS PL #109 WILLCOX DENNIS ASPEN, CO 81611 722 MIDLAND PARK PL WINKLER JILL C ASPEN, CO 81611 212 MIDLAND PARK PL ZORRITO LLC SARASOTA, FL 34239 1901 FLOYD ST 57 EG N 3 8 ° 0 0 ' 0 0 " E 1 3 8 . 0 0 ' ∆ = 6 9 ° 3 6 ' 1 0 " R = 3 3 . 9 3 ' L = 4 1 . 2 2 ' C h B = S 1 7 ° 1 1 ' 4 9 " E C h L = 3 8 . 7 3 ' ∆ = 31° 5 5 ' 5 6 " R = 7 0 . 0 0 ' L = 3 9 . 01' C h B = S 0 1° 3 4 ' 3 2 " W C h L = 3 8 . 51' S 1 4 ° 2 2 ' 2 6 " E 9 3 . 0 2 ' N 82°20'27" W 7 4 . 2 1 ' N 3 2 ° 0 9 ' 5 8 " E 13 . 3 9 ' N 6 6 ° 5 5 ' 0 0 " W 4 9 . 9 9 ' ∆ = 2 3°14'52" R = 4 0.00' L = 16.23' C h B = N 5 5°17'34" W C h L = 16.12' N 46 ° 2 0 ' 0 0 " E 10.0 0 ' 12 . 0 0 ' 6.00' 3. 6 0 ' 0.70' 5. 0 0 ' 0.70' 3. 6 0 ' 40.30' 24 . 2 0 ' 34.30' 8. 0 0 ' 8.00' C T V C T V C T V C T V C T V C T V CT V CT V C T V C T V C T V EX - U E E X - U E E X - U E E X - U E EX- U E EX- U E EX- U E EX - U E E X - U E E X - U E E X - U E SHED GAS METER ELECTRIC METER DILAPIDATED WOOD DECK WO O D P A T H B O U L D E R R E T . W A L L DOG HOUSE MA I L BO X SIGN SIGN GRAVEL PARKING GRAVEL PARKING GRAVEL PARKING 20' ROAD A N D U T I L I T Y E A S E M E N T P E R P L A T B K 4 1 P G 3 1 20' ROAD A N D U T I L I T Y E A S E M E N T P E R P L A T B K 4 1 P G 3 1 20 ' WINDOW WELL (TYP.) ST E P S ASPHALT DRIVEWAY CONCRETE CURB & GUTTER GR A V E L DR I V E W A Y GR A V E L DR I V E W A Y GR A V E L DR I V E W A Y P A R K A V E N U E 6 0 ' R - O - W A S P H A L T P A R K A V E N U E 6 0 ' R - O - W A S P H A L T PA R K A V E N U E 60 ' R - O - W AS P H A L T ADJUSTED PARCEL 1 BIBBIG SUB EX. ADJUSTED PARCEL II BIBBIG SUB EX. 0.236 AC.± 10,280 S.F.± SINGLE STORY WOOD FRAME HOUSE WITH WALKOUT BASEMENT 401 PARK AVENUE BIBBIG SUB. EX. PER PLAT BK 4 PG 398 & REC. NO. 640394 MARTHINSSON/NOSTDAHL CONDO COMMON AREA PLAT BK 12 PG 59 (FKA SUNNY PARK SUB. LOT 2) CO V E R E D WO O D D E C K 6. 9 ' 10.4' 50 . 4 ' 7. 6 ' P.K. NAIL & SHINER P.L.S.#37935 SET 5' W.C. P.K. NAIL FOUND BEARS N64°11'37"W 0.30' P.K. NAIL & SHINER P.L.S. #37935 SET #5 REBAR & YELLOW PLASTIC CAP P.L.S. #38215 FOUND #5 REBAR & YELLOW PLASTIC CAP P.L.S. #19598 FOUND TBM EL=7943.80' ELECTRIC TRANSFORMER ELECTRIC PEDESTAL TELEPHONE PEDESTAL (TYP.) CABLE TV PEDESTAL P.K. NAIL & SHINER P.L.S. #37972 FOUND P.K. NAIL & SHINER P.L.S. #37972 FOUND P.K. NAIL & SHINER P.L.S. #37972 FOUND T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 T11 T12 T13 T14 T15T16 794 5 7950 7950 7 9 5 0 795 1 7 9 5 1 79 5 1 7 9 5 0 7 9 4 5 7950 7945 794 4 7943 7946 79 4 7 79 4 8 7 9 4 9 79 5 0 S SEWER MANHOLE FORCE MAIN RIM EL=7950.76' LID=7944.88' BASIS OF B E A R I N G S 10' S E W E R L I N E E A S E M E N T P E R RE C . N O . 4 2 0 0 9 0 ( E A S E M E N T B ) 1 0 ' 10 ' S E W E R L I N E E A S E M E N T P E R R E C . N O . 4 2 0 0 9 0 ( E A S E M E N T B ) 10' RIDGE 7971.0' F.F. WALKOUT 7945.45' RIDGE 7971.0' RIDGE 7970.0' F.F. 7954.89' F.F. 7953.80' T T T T T T T T T T T T T T T T E X - U E GG G G G G G G G G G G G G G G G G GEX- U E WW W W W W W W W W W W W W W W W W W G G G G G G G G G G G G G G G G G W W W W W W W W W W W W W W W G G G G G G G G EX - U E EX - U E EX - U E EX - U E EX - U E EX - U E CT V CT V CT V CT V CT V CT V CT V T T T T T T T T UN D E R G R O U N D W A T E R UNDERGROUND ELECTRIC, CATV, AND PHONE JOINT TRENCH U N D E R G R O U N D E L E C T R I C WV WV WVWV UNDER G R O U N D G A S WATER VALVE (TYP.) U N D E R G R O U N D C A T V UN D E R G R O U N D T E L E P H O N E U N D E R G R O U N D G A S UN D E R G R O U N D W A T E R D D ES S S S S S S S S S SS SS SS SS SS SS SS SS SS SS SS SS SS S S S S S S SS SS SS SS SS SS SS SS SS SS SS S S S S S S SS CO CLEANOUT APPROX.SEWER SERVICE FORCE MAIN LINE PER ACSD MAP APPROX.SEWER SERVICE FORCE MAIN LINE PER ACSD MAP APPROX.SEWER SERVICE FORCE MAIN LINE PER ACSD MAP P.K. NAIL & SHINER P.L.S. #37972 FOUND P.K. NAIL & SHINER P.L.S. #37972 FOUND 2 0 ' R O A D A N D U T I L I T Y E A S E M E N T P E R P L A T B K 4 1 P G 3 1 & R E C . N O . 4 0 9 2 3 7 SLOPE TABLE NUMBER 1 2 3 MIN. SLOPE 0.001% 20.000% 30.000% MAX. SLOPE 20.000% 30.000% 1000.000% COLOR AREA 9528.54 836.36 1664.35 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ByNO.Date Project NO.RevisionDrawn By: Checked By: Date: Computer File: P.O. Box 1746 Rifle, CO 81650 Phone (970) 625-1954 Fax (970) 579-7150 www.peaksurveyinginc.com S NW E P e a k S u r v ey i ng, Inc. Es t . 2 0 0 7 22007 1 OF 1 BHM INVESTMENTS, LTD. CITY OF ASPEN, COLORADO IMPROVEMENT & TOPO SURVEY ADJ PARCEL II, BIBBIG SUB. EX. 401 PARK AVENUE JRN JRN FEBRUARY 23, 2022 007 1 03/15/22 ADD UNDERGROUND UTILITY LOC.JRN IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEY ADJUSTED PARCEL II, BIBBIG SUBDIVISION EXEMPTION - LOT LINE ADJUSTMENT PLAT RECORDED JANUARY 15, 1997 IN PLAT BOOK 41 A PAGE 31 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PROPERTY DESCRIPTION ADJUSTED PARCEL II, BIBBIG SUBDIVISION EXEMPTION - LOT LINE ADJUSTMENT PLAT RECORDED JANUARY 15, 1997 IN PLAT BOOK 41 A PAGE 31, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. NOTES: 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC., AS AGENT FOR WESTCOR LAND TITLE INSURANCE COMPANY, CASE NO. PCT25735W2 DATED EFFECTIVE FEBRUARY 09, 2022. 2) THE DATE OF THIS SURVEY WAS JANUARY 27, 28, AND MARCH 11, 2022. 3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N82°20'27"W BETWEEN THE SOUTHEASTERLY CORNER OF ADJUSTED PARCEL II, A #5 REBAR & YELLOW PLASTIC CAP P.L.S. #38215 FOUND IN PLACE AND THE SOUTHERLY ANGLE POINT OF ADJUSTED PARCEL II, A #5 REBAR & YELLOW PLASTIC CAP P.L.S. #19598 FOUND IN PLACE. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON THE BIBBIG SUBDIVISION PLAT RECORDED AUGUST 23, 1973 IN PLAT BOOK 4 AT PAGE 398, THE BIBBIG SUBDIVISION EXEMPTION - LOT LINE ADJUSTMENT PLAT RECORDED JANUARY 15, 1997 IN PLAT BOOK 41 AT PAGE 31 AND THE FIRST AMENDED FINAL PLAT OF ADJUSTED PARCEL I, BIBBIG SUBDIVISION EXEMPTION AND LOT LINE ADJUSTMENT PLAT RECORDED JANUARY 27, 2012 IN PLAT BOOK 99 AT PAGE 13 THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. 6) ELEVATIONS AND CONTOURS SHOWN ARE BASED ON ELEVATIONS SUPPLIED BY OTHERS YIELDING AN ON-SITE ELEVATION OF 7943.80' ON THE NORTHEASTERLY CORNER AS SHOWN. FROM TOPOGRAPHY RECEIVED PSI GENERATED SLOPE ANALYSIS TO THE EXTENT CONTOURS WERE AVAILABLE. CONTOUR INTERVAL EQUALS 1 FOOT. 7) THERE WAS APPROXIMATELY 18" OF SNOW AND ICE ON THE GROUND AT THE TIME OF SURVEY. 8) THIS PROPERTY ID ZONED R-6 ACCORDING TO THE CITY OF ASPEN COMMUNITY DEVELOPMENT WEBSITE. BUILDING SETBACKS ARE AS FOLLOWS: FRONT - 10' FOR PRINCIPAL BUILDINGS, 15' FOR ACCESSORY BUILDINGS, REAR - 10' FOR PRINCIPAL BUILDINGS, 5' FOR ACCESSORY BUILDINGS, SIDES - 15' OR A TOTAL OF 35' OF BOTH SIDE YARDS PLUS 1 FOOT FOR EACH ADDITIONAL 400 SQUARE FET ON GROSS LOT AREA, TO A MAXIMUM OF 50' OF TOTAL SIDE YARD. 9) ACCORDING TO RECEPTION NO. 420090 A 10' EASEMENT 5' ON EACH SIDE OF THE EXISTING LINE AND 5' FROM EXISTING INJECTORS AND PUMPS EXISTS. SEWER LINE AS SHOWN EXCEPT FOR THAT PORTION WITHIN PARK AVENUE HAS BEEN DIGITIZED FROM THE ASPEN CONSOLIDATED SANITATION DISTRICT MAP. ONSITE LOCATORS WERE NOT ABLE TO MARK THE LOCATION OF FORCE MAIN LINES. N E S W 0 30 60 90 120 150 180 210 240 270 300 330 P e ak S u r v e y i n g , I n c . 010 10 20 405 SUBJECT PROPERTY VICINITY MAP SCALE: 1" = 2000' IMPROVEMENT SURVEY STATEMENT I, JASON R. NEIL, HEREBY CERTIFY TO BHM INVESTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP, DIETER BIBBIG AND PITKIN COUNTY TITLE, INC., AS AGENT FOR WESTCOR LAND TITLE INSURANCE COMPANY; THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON JANUARY 27, 28, AND MARCH 11, 2022; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, I RELIED UPON THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC., AS AGENT FOR WESTCOR LAND TITLE INSURANCE COMPANY, CASE NO. PCT25735W2 DATED EFFECTIVE FEBRUARY 09, 2022; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THE REAL PROPERTY AND MATTERS REFERENCED IN SAID TITLE COMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THAT THIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S. §38-51-102(9). DATED: MARCH 15, 2022 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC. HATCH LEGEND BOUNDARY LINE TYPE LEGEND STORM SEWER ELECTRIC EASEMENT EX-ST EX-UE ASPHALT CONCRETE SYMBOL LEGEND WATER SHUT OFF GAS METER G SET MONUMENT ELEC. TRANS. EDGE OF ROAD IRRIGATION VALVE FOUND MONUMENT SEWER MANHOLE ELEC. METER S SPOT ELEVATIONS AIR COND. UNIT OSW 100YR FLOODPLAIN PVC DRAIN LINE TELEPHONE T CABLE TV CTV GASLINE G FIBER OPTIC FO TELEPHONE T STORM DRAIN D ELEC. OUTLOOK ADJ. BOUNDARYGRAVEL CABLE TV PED. STREET LIGHT SEWER LINE SS WATER LINE W 0000.00' E E A.C. ICV COL O R A D O L I CE N S E D P R O F E S SIONAL L A N D S U RVEYOR JAS O N R . NE I L 37935 58 CONSTRUCTION MANAGEMENT PLAN 333 Park Avenue New Single-Family Construction Prepared by: Tom Sherlock – SH Building Group 314 AABC, Suite B Aspen, CO 81611 PO Box 17118 Snowmass Village, CO 81615 o. 970.923.1122 c. 970.379.0520 tom@shbuilt.com June 08, 2022 59 1 TABLE OF CONTENTS 1.0 General 1.1 Purpose 1.2 Applicability 1.3 Definitions and Terms 1.4 References 2.0 Project Location 2.1 Disturbance Area 2.2 Location 2.3 Description 3.0 Project Documentation 3.1 Permits / Other Documents 3.2 Public Notification 3.3 Project Sign 3.4 Contact Designation 4.0 Project Implementation 4.1 Dates of Construction 4.2 Hours of Construction 4.3 Sequence (Phasing) of Construction 4.4 Adjoining Properties 4.5 Project Fencing 4.6 Public Health and Welfare 4.7 Natural Environment 5.0 Site and Right of Way Management 5.1 Right of Way Management 5.2 Emergency Vehicle Access and Ordinance 35 5.3 Construction Parking Details 5.4 Staging Areas 5.5 Right of Way Limitations 5.6 Site Plan 5.7 Waste Management 6.0 Traffic Control 6.1 General 6.2 Haul Routes 6.3 Onsite Vehicle Limitations 6.4 Delivery Requirements 6.5 Traffic Control Plan 7.0 Pedestrian Protection 7.1 General 7.2 Limitations 8.0 Sediment and Erosion Control 8.1 Requirements 8.2 Smuggler Mountain Restrictions 60 2 9.0 Fugitive Dust Control 9.1 Fugitive Dust Control Plan 9.2 Requirements 10.0 Emissions 10.1 General 10.2 Emissions from Diesel Powered Engines 11.0 Noise Suppression 11.1 General 11.2 Noise Suppression Plan 11.3 Noise Limits and Suppression Requirements 11.4 Noise Level Measurements 11.5 Continued Noise Monitoring 11.6 Specific Restrictions Related to Manufacturing on Site 12.0 Enforcement 12.1 City Construction Mitigation Officer 12.2 Corrective Action 12.3 Inspection Reports 13.0 Construction Mitigation Committee 14.0 Appeal Process APPENDICES A – Required Project Sign B – Haul Route Map C – Noise Suppression Plan, Techniques and Equipment D – Smuggler Mountain Superfund Site Map E – Core and Central Resort Area Map F – Encroachment Zone Map G – Stormwater Pollution Plan Requirements H – Construction Waste Management Plan I – Holiday Season Dates J – Vicinity Map K – Site/Logistics Plan 61 3 Construction Management Plan 333 Park Ave., Aspen, CO 81611 1.0 General Total square feet of soil disturbance will be 4650.5 SF. Total square feet of empty lot is 10,418 SF. 2.0 Project Introduction 2.1 Disturbance Area: Total Disturbed area will be 4650.5 SF. 2.2 Location: 333 Park Avenue, Aspen, CO 81611. Vicinity Map Attached, Appendix J. 2.3 Description: This project proposes to build a new-construction single-family residence with a gross floor area of 6110.66 SF consisting of a two-story structure with a 599.35 SF attached garage, green roof, and an excavated basement with sub-grade living space. 3.0 Project Documentation. 3.1 Permit Types, Permit #s. City Of Aspen Building Permit #______Pending____. 3.2 Public/Project Notification. The project specific Construction Management Plan will be presented at the preconstruction meeting. The CPM will address the project representative, project schedule and estimated impact to applicable parties. All parties within 300 ft will be notified a minimum 10 days prior to commencement of work. 3.3 Project Sign: Project sign shall be posted according to City Municipal Code 26.510.030B4, see attached Appendix A. 3.4 Contact Designation: Owner BMH Investments LTD; Brian Hendry 713-725-1851 hendrybrian@mac.com Contractor Tom Sherlock, S H Building Group LLC 970-923-1122 tom@shbuilt.com Architect F & M Architects, LLC – Eric Sechrist, AIA PO Box 6762, SMV, CO 81615 970-987-2702 eric@fandmarchitects.com Structural Engineer Ascent Structural Engineering 1711 Pearl St., Boulder, CO 80302 303-499-3022 j.veenstra@ascentgrp.com Civil Engineer/MEP Engineer Landscape Architect Lighting/AV Design Crystal River Civil 1101 Village Rd. UL-4C, Carbondale, CO 81623 970-510-5312 NAV Design 970-710-2717 nicholas@navdesign.net White Lighting Design, Kevin White 303-463-6661 kevin@whitelightingdesign.com 2022 62 4 Traffic Control Officer Cesar R. Jaquez, A-1 Traffic Control 32599 HWY 6 & 24 Silt, CO (970)876-0738 cesarj@a1trafficcontrol.com City Of Aspen Fire Department 420 East Hopkins Avenue, Aspen, CO 970-925-5532 Pitkin County Sherriff’s Office 530 E Main St., Aspen, CO (970)920-5300 Aspen Police Dept 540 E Main Street, Aspen, CO (970)920-5400 Holy Cross Energy 3799 CO-82, GWS, CO 81601 970-945-5491 Aspen Water Department 970-920-5110 Aspen Sanitation 565 N Mill St., Aspen, CO 970-925-3601 Aspen Valley Hospital 0401 Castle Creek Rd., Aspen CO 970-925-1120 Call 911 in an Emergency. 4.0 Project Implementation. 4.1 Dates of Construction: March 1st, 2023 – June 30th, 2024, excluding Sundays, Holidays. (16) Month duration. 4.2 Hours of Construction: 7:30 am - 5:30 pm Daily M-F and 9:00 am – 5:00 pm Saturday when necessary. Holidays and various non-working days set forth by the City of Aspen will be followed. 4.3 Construction Sequence-Schedule: Construction will take approximately (16) months and begins right after permit issuance. Soil Stabilization, Earthwork, Structural work, and Exterior Work will begin the project to allow other construction activities to move inside. Mar 1st-Mar 14th Install Construction Fencing, Tree Protection, and Sediment Control measures, mobilize Micropile Installer Mar 15th – May 15th Temporary Shoring, Excavation and Foundation Work May 16th – Aug 31st Steel Install, Framing, Windows/Ext Doors Install, Dry-in Aug 1st – Nov 31st MEPs, Exterior Finishes, Roofing Nov 1st – Feb 28th Drywall, Tile, Masonry, Casework, Trim Mar 1st – May 31st Exterior: Soft & Hardscapes, Ext. Painting, Landscaping, Planting Mar 1st – May 31st Interior: Countertops, Wood Flooring, MEP Trim-outs, Finish Carpentry, Int. Painting June 1st – June 30th Punch-listing, Exterior Cleanup 4.4 Neighboring Properties: No person shall excavate on land close enough to a property line to endanger any adjacent public street, sidewalk, and alley, other public or private property, or easement, without supporting and protecting the property from any damage that might result from construction operations. 63 5 Additionally, the project must identify which adjoining properties will be most affected by the project and how the project intends on mitigating the impacts to those properties. This includes identifying adjacent businesses and understanding what events (such as sale events) and programs that business has scheduled throughout the year. The project will be required to work with the adjoining properties to mitigate impacts to their events and programs. This also includes maintaining sight lines to adjacent businesses. Also, in the event there are other construction projects underway or pending, near where the project is being constructed, the construction management plan shall take into account individual and cumulative effects that will result to the neighborhood. The construction management plan shall demonstrate to the satisfaction of the Engineering Department that the individual and cumulative impacts on the neighborhood have been sufficiently mitigated in the CMP. Lastly the needs of adjoining construction projects must not be compromised. Adjacent Properties will be notified of the construction. 4.5 Construction Fencing: All construction areas shall have a non-removable construction fence or other approved device securely placed around the areas to be protected. The fence shall be six feet (6') in height and constructed out of chain-link fence with mesh windscreens (visual barriers). The type and look of fencing must be approved by the Engineering Department. Please see Section 11 for fencing noise suppression techniques. 4.6 Public Health and Welfare: All care will be taken by project proponents to protect the public health and welfare, including dust control, noise control, and site maintenance. 4.7 Natural Environment: All tree and natural resource protection measures is identified in the Plan and will be in place prior to the commencement of any construction or demolition activities. 5.0 Site and ROW management 5.1 ROW Management Plan: Plan does not call for rights of way to be infringed upon. 5.2 Emergency Vehicle Access and Ordinance 35: Ordinance 35 will be adhered to, emergency access at the property will be always maintained. 5.3 Construction Parking Details: Construction vehicles will utilize the gravel parking areas provided at 401 Park Avenue (at the direction of the common owner of both properties 333 and 401 Park Ave.) HOA rules, if any, and Construction Guidelines are to be followed. 5.4 Staging Areas: Staging of materials will occur on site as labeled by the CMP. All material will be stored in an appropriate area adhering to all BMP’s. Absolutely no staging will occur within the City ROW. 5.5 ROW Limitations: No construction trailer will be required, all materials will be delivered at time of use, and small materials will be stored in the unit or off site. No loose material will be stored in any public right-of-way. All construction staging for materials such as backfill, haul off, and concrete will be staged on property per the attached SWMP/ site plan. Necessary ROW and Encroachment permits will be pulled for activities requiring staging within the ROW or Alleyway and coordination with the neighbors will occur. 64 6 5.6 Site Plan: See Appendix J. As specified in Section 5.1, portable restroom, waste management and recycling container locations shall be clearly designated on the project site plan. Loose job material storage is not allowed in ROW under any circumstance. Open excavation will be sloped at 2:1 ratio. 5.7 Waste Management: General Contractor will provide dumpster for shared construction use during the construction activity timeframe. Bear proof waste containers will be available on site for food waste. Construction related materials will be sorted on site and placed in appropriate containers. 6.0 Traffic Control. 6.1 General: All traffic control operations shall be managed by the designated certified traffic control supervisor 6.2 Haul Route: All haul vehicles will utilize Park Avenue to East Cooper Avenue/Main Street/ Highway 82 and back. 6.3 Delivery requirements: Trips will be coordinated to ensure that only one large truck will be onsite at any given time. Delivery vehicles will not be allowed to idle for more than 5 mins per City of Aspen Vehicle Idling regulations. 6.4 Traffic Control Plan. There are no bus stops or school bus stops that will be impacted. No traffic disruptions are planned or proposed. If any activities need to interfere with the Public ROW, a Traffic Control Plan will be prepared by a state certified Traffic Control Supervisor. 7.0 Pedestrian Protection. The project will comply with pedestrian safety per City code 21.04.060,MUTCD Chapter 6D, the Americans with Disability Act, and IBC Chapter 33. 8.0 Sediment Control. 8.1 General. All necessary Best Management Practices (BMP’s) will be in place and maintained in order to minimize sediment leaving the perimeter of our jobsite. Primary strategies include: • Avoid unnecessary site disturbance • Maintain Grading; install silt fences and sediment traps prior to any soil disturbance • A tracking pad will be used for excavation vehicles leaving the site. • Concrete washout will be done back into the concrete trucks due to lack of space. • Spills will be captured into hard plastic “kiddie” pools and allowed to dry, then placed in a site trash receptacle. 8.2 Smuggler Mountain Restrictions. This project is not located within the Smuggler Mountain Superfund Zone, so this section does not apply. All projects located within the Smuggler Mountain Superfund Zone (Appendix D) are required to meet additional standards for erosion control measures and are required to file an additional soil removal permit. These requirements shall be instituted on all projects disturbing (excavating or exposing) more than one cubic yard of soil. All projects located in the superfund site will also be required to handle disturbed and excavated soils with an additional level of care. 65 7 1. A Smuggler Mountain Superfund Site Soil Removal Permit must be completed prior to any soil disturbance in this area. 2. All contaminated soils must be disposed of at a duly licensed and authorized facility, usually the Pitkin County Landfill, and the receiving location must be made aware of the contaminated nature of the soils. 3. Soils must always be contained and covered unless actively being worked. Working will be defined as moving, compacting, backfilling, exposing, or grading the soils at least once in a sixty-minute period. If any stockpile of soil is to be left for more than sixty minutes, it must be contained and covered. 4. Containment and Covering is required. This can be accomplished using a non- permeable tarp placed below the stockpile and the same type of material shall be used to cover the stockpile. 5. After completion of the project an uncontaminated soil cap will be required. This cap shall consist of twelve inches of clean fill or or gravel. This can also be accomplished by paving the area with asphalt or concrete. 6. To obtain a “clean letter” from the City of Aspen, which, will be required prior to the release of the Certificate of Occupancy, all the above conditions must be met. 9.0 Fugitive Dust Control Plan The project will avoid unnecessary site disturbance and keep a hose and spray nozzle available to mitigate born dust. All exported soils and other debris will be hauled off via covered trucks. All areas directly surrounding the site will be maintained daily with thorough cleanings. 10.0 Emissions. 10.1 General. The project intends to comply with City Code. 10.2 Emissions for Diesel Powered Engines. The project intends to comply with City Code. 11.0 Noise Suppression. 11.1 General. The project intends to comply with City Code. 11.2 Noise Suppression Plan. No Formal Noise Suppression proposal will be submitted to the City. Contractor will follow City Code. 11.3 Requirements for activities exceeding 70 decibels. The Project intends to comply with City Code. Activities involving work that creates noise exceeding 70dB will not take place between 6/1-Labor Day during the Summer Season. During all other times, work will not exceed 80dB. Notices will be posted to advise workers and sub-contractors of noise requirements. 11.4 Specific restrictions related to manufacturing on site. It is not proposed that any manufacturing will occur on site. 12.0 Enforcement. 12.1 City Construction Mitigation Officer. The project intends to comply with City Code. 12.2 Corrective Action. The project intends to comply with City Code. 12.3 Inspection Reports. The project intends to comply with City Code. 13.0 CONSTRUCTION MITIGATION COMMITTEE - The project is not applying for any exemptions 66 38 Appendix A – Project Sign --------------------------------------------18”--------------------------------------------------- 333 Park Avenue Aspen, CO 81611 Parcel # 273718100017 SUNNY PARK LOT 1 RESIDENTIAL Permit #: TBD SH Building Group Office – (970)923-1122 Tom Sherlock – (970)379-0520 24-Hour Emergency – (970)379-0520 24” 67 38 RL CT VE PEA OFFICIAL HEAVY HAUL ROUTE MAP Legend Designated Heavy Haul Route Roads Parcels City Boundary Y W S 0 300 AM N SPRUCE ST LI Feet LI W 600 Appendix B – Haul Route Map LAKE A 68 69 38 Appendix C – Noise Suppression Plan, Techniques and Equipment Noise Blocking Methods Contractors shall require all subcontractors and vendors to use: • “Residential” grade combustion engine exhaust silencers • Electrical vs. pneumatic hand power tools • Hydraulic vs. air powered rock drills • “Silenced” pile drivers vs. Diesel pile drivers Temporary Noise Barrier Materials: Temporary barriers shall be constructed of 3/4-inch Medium Density Overlay (MDO) plywood sheeting, or other material of equivalent utility and appearance having a surface weight of 2 pounds per square foot or greater. The temporary barriers shall be lined on one side with glass fiber, mineral wool, or other similar noise curtain type noise-absorbing material at least 2-inches. The materials used for temporary barriers shall be sufficient to last through the duration of the construction project and shall be maintained in good repair. Prefabricated acoustic barriers are available from various vendors. An equivalent barrier design can be submitted in lieu of the plywood barrier described above. Noise Control: • Replace worn, loose, or unbalanced machine parts that cause vibration. • Keep machine parts well lubricated to reduce friction. • Acoustical enclosures and barriers around generators • Sound absorbing material and vibration isolation systems on hand tools • Shields, shrouds, or intake and exhaust mufflers. • Noise-deadening material to line hoppers, conveyor transfer points, storage bins, or chutes. • Noise barriers using materials consistent with the Temporary Noise Barrier Materials Section. • Noise curtains • Plywood with concrete blankets at the height of the equipment and that it surrounds the activity such that it directs noise up more than out from the property. • Portable three-sided enclosures made from plywood to move with the activity such as jack hammering. • Internal combustion engines are to be fitted with a suitable muffler in goodrepair. • Noisy equipment such as cement mixers should be placed on the site to maximize the distance from neighboring houses and/or rotate location so as to not impact just one neighbor. Noise levels drop quickly with distance from the source. • All equipment should be properly maintained, with special attention to mufflers and 70 38 other noise control devices. Revised 11/17/09 • Between work periods, builders are required by city ordinance to shut down machines such as backhoes, bobcats, loaders and generators. • All vehicular movements to and from the site must only be made during the scheduled normal working hours. This includes off-site noise that is associated with a specific project such as staging of concrete trucks. Equipment / Activity Noise Controls Pile Driver Enclosure, muffler Stone Saw Cutting Noise control pad with water Handheld Impact Drills Reduction of reflected sound Circular Saw Blades 15º tooth angle, new tooth configuration, slotted saw blades, viscoelastic damping Pneumatic Tools Muffler Pavement Breaker/ Rock Drill Muffler, enclosure of cylinder case and front head, moil damping Portable Air Compressor Muffler, acoustic enclosures Bulldozer Bulldozer Cab-liner material, enclosure, sound absorption in canopy, sealing of all openings Wheeled Loader Absorption of sound cooling air route Vibratory Roller Flexible mounting for pump compartment Joint Cutter Anti-vibration mounting fixtures Dropping from Height (Re-Roofing) When dropping materials from a height—for example, into or out of a truck, or when loading or unloading scaffolding, noise suppression plans require a chute or side baffles. Generators Acoustical enclosures and barriers surrounding equipment Generators25 KVA: The local power grid shall be used wherever feasible to limit generator noise. No generators larger than 25 KVA shall be used and, where a generator is necessary, it shall have maximum noise muffling capability. Hand Tools Sound absorbing material and vibration isolation systems on hand tools Dismantling Formwork use rubber mallets to erect and dismantle formwork 71 38 Backup Alarms All equipment with backup alarms operated by the Contractor, vendors, suppliers, and subcontractors on the construction site shall be equipped with either audible self-adjusting ambient-sensitive backup alarms or manually-adjustable alarms. The ambient-sensitive alarms shall automatically adjust to a maximum of 5 dBA over the surrounding background noise levels. The manually-adjustable alarms shall be set at the lowest setting required to be audible above the surrounding noise. Installation and use of the alarms shall be consistent with the performance requirements of the current revisions of Society of Automotive Engineering (SAE) J994, J1446, and OSHA regulations. Compressors The unit with the lowest noise rating which meets the requirements of the job should be used where work is conducted in the City of Aspen, installed with mufflers and/or enclosed in a noise barrier. Jackhammer All jackhammers and pavement breakers used on the construction site shall have exhaust systems and mufflers that have been recommended by the manufacturer as having the lowest associated noise and shall be enclosed with shields or acoustical barrier enclosures. Concrete Crushers or Pavement Saws Pre-augur pile holes to reduce the duration of impact or vibratory pile driving and tie to local power grid to reduce the use of generators and shall be enclosed with shields or acoustical barrier enclosures. Pneumatic Hand Power Tools All pneumatic tools operated in the City of Aspen must be fitted with an effective silencer on their air exhaust port. 72 38 TABLE 1 NOISE CONSTRUCTION EQUIPMENT REQUIRING NOISE SUPPRESSION PLANS Equipment Category Auger Drill Rig Backhoe Chain Saw Clam Shovel Compressor (air) Concrete Mixer Concrete Pump Concrete Saw Crane (mobile or stationary) Dozer Drill Rig Excavator Front End Loader Generator (more than 25 KVA) Gradall Grader Horizontal Hydraulic Boring Jack Impact Pile Driver (diesel or drop) Impact Wrench Jackhammer* Mounted Impact Hammer (hoe ram) Paver Pneumatic Tools Rock Drill Scraper Scarifier Slurry Machine Vibratory Pile Driver 73 ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! !!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!! !!!!!! !!!!!! ! !! ! ! ! ! ! ! ! !!! ! ! ! ! !! ! ! ! !!! ! !!!! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! !! 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The City of Aspen Engineering Department is the administrative authority for stormwater management and erosion prevention and sediment control on construction sites within the City’s jurisdiction. By policy, Aspen’s requirements for stormwater management during construction are consistent with those of the Colorado Department of Public Health and Environment’s (CDPHE) Construction General Permit. The CDPHE Construction General Permit requires a stormwater management plan (SWMP) for development disturbing greater than one acre of land. However, Aspen requires a Construction SWMP detailing pollution prevention and erosion prevention and sediment control measures to be installed for projects that exceed 1000 square feet of soil disturbance, not just those that disturb greater than one acre. Wherever the City of Aspen and the CDHPE Construction General Permit requirements are in conflict, the more restrictive requirements should be applied. The regulations and guidelines stated in this chapter incorporate information from a variety of sources including: • The United States Environmental Protection Agency (EPA), • State of Colorado/Colorado Department of Public Health and the Environment (CDPHE), • Urban Drainage and Flood Control District (UDFCD), and • Northwest Colorado Council of Governments (NWCCOG). It is important to understand that these regulations are subject to change and/or alterations. For the most up to date copy please contact the City of Aspen Engineering Department. 1.1 PURPOSE Some construction activities and materials have the potential to pollute our streams, rivers, and lakes if transported during storms or snowmelt. When construction disturbs land, the soil is more easily eroded during rainfall, snowmelt, and wind events. Eroded soil, referred to as sediment, is the greatest pollutant to rivers in Colorado and Aspen. Sediment endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Other pollutants, such as petroleum products, metals, and nutrients, easily attach to soil making sediment even more toxic. Eroded soil also necessitates the cleaning and/or repair of sewers and ditches and the dredging of water bodies. Therefore clearing, grading, and vehicle tracking during construction creates the need for erosion prevention and sediment control on construction sites. Pollutants other than sediment, such as concrete, solvents, oil, grease and metals, also cause degradation of water quality in receiving streams, and therefore must also be prevented or reduced through construction site stormwater management practices. The City of Aspen requires compliance with the criteria in this chapter in order to 77 38 eliminate or reduce the discharge of pollutants in stormwater runoff and prohibits the discharge of pollutants from construction sites to the City’s stormwater system. These criteria should be followed from start of earth disturbance until final landscaping and stormwater quality measures are effectively in place and accepted by the City. The goal of these requirements is to decrease the amount of pollutants entering the stormwater system from construction and other land disturbing activities. The following erosion prevention, sediment control, and pollution prevention measures are designed to safeguard persons, protect property, minimize water quality and other environmental impacts, and promote the public welfare by guiding, regulating, and assisting the design, construction, use, and maintenance of any development or activity which disturbs or breaks the topsoil or results in the movement of earth on land greater than 1000 square feet in the City of Aspen, Colorado. 1.11 General Requirements A Construction Stormwater Management Plan (Construction SWMP) must be developed before a project begins that identifies pollution prevention measures and erosion prevention and sediment control (EPSC) measures that are appropriate for the actual site conditions and construction plans for each site – generic plans will not be approved. The Construction SWMP shall contain a narrative report as well as site plan maps for each phase of the project. The appropriate schedule of implementation shall be identified as well as detailed plans shown on plan sheets with appropriate contours for each phase of the project that will minimize pollution, erosion, and sediment transport. The Construction SWMP shall be submitted to the City of Aspen as part of the Construction Mitigation Plan (CMP) and along with the grading and drainage plans in order to obtain a building or landscape and grading permit. Plans for grading and erosion control should be considered in the early stages of site planning and drainage design. The Construction SWMP may have to be modified at the time a final site development plan is prepared to better address the site conditions as the plan changes. This modified plan, the final Construction SWMP, must be approved by the City of Aspen before ground-breaking activities can occur. EPSC measures must be designed according to size, slope, and soil type of disturbed drainage areas to prevent erosion and to capture sediment. Potential sources of pollution that might affect quality of stormwater discharges from the site, and practices that will be implemented to prevent that pollution, must be identified and described as part of the Construction SWMP. In addition, sites discharging directly to waters of the state or the City’s stormwater system might be required to meet stricter requirements as determined by the City Engineer or City Stormwater Manager. Implementation of the Construction SWMP (i.e., installation of measures) begins when construction begins, before the initial clearing, grubbing, and grading operations, since these activities can usually increase erosion potential on the site. Implementation and maintenance of pollution prevention measures and EPSC measures are the responsibility of the permit holder and the project/property owner. Because site conditions will affect the suitability and effectiveness of pollution prevention and EPSC measures, the SWMP is a dynamic document that should be referred to frequently, amended and updated as necessary, and kept on site available for review by City of Aspen staff upon request. The City reserves the right to require the permit holder and/or property owner to develop and implement additional measures to prevent and control pollution as needed. 78 38 Pollution Prevention Pollution prevention for construction within the City of Aspen requires compliance with the following criteria: 1. Develop Construction SWMP - The Construction SWMP must identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharging from the site. 2. Practice Good Housekeeping - The Construction SWMP must describe standard operating procedures and practices that will be implemented to prevent the release of pollutants to the stormwater system from construction activities. a. Perform activities in a manner to keep potential pollutants from coming into contact with stormwater. b. Prevent spills and leaks (i.e. hydraulic fluid from leaky vehicles or equipment) c. Use phasing principals to limit areas of disturbance. 3. Contain Materials and Waste – Areas used for staging of construction activities and the storage of soil, chemicals, petroleum-based products and waste materials, including solid and liquid waste, shall be designed to prevent discharge of pollutants in the runoff from the construction site. a. Store construction, building, and waste materials in designated areas, protected from rainfall and contact with stormwater run-on and runoff. b. Dispose of all construction waste in designated areas (e.g. concrete may only be disposed of in a designated concrete wash-out area) and keep stormwater from flowing onto or off of these areas. c. Properly clean and dispose of spilled materials. 4. Dewatering – If it is determined that site dewatering will be required, the permit holder / and or property owner must obtain a Construction Dewatering Permit for the CDPHE division of water resources. Erosion Prevention and Sediment Control Erosion prevention and sediment control for construction within the City of Aspen requires compliance with the following criteria: 1. Develop Construction SWMP – The Construction SWMP plan must demonstrate how stormwater, erosion, and sediment will be handled throughout construction. 2. Control Site Perimeter – Construction activities and their impacts must be controlled within the limits of the site. a. Delineate the site perimeter on the plans and in the field to prevent disturbing areas outside of the project limits. b. Divert upstream run-on safely around or through the construction project. Diversions must not cause downstream property damage and cannot be diverted into another watershed. c. Construction vehicles and equipment may enter and exit the site at only one designated access point. This exit must be stabilized with gravel or other appropriate material throughout the duration of the project. 3. Minimize Disturbed Areas – Construction activities must be scheduled in correct sequences to minimize the total amount of exposed soil at any given time. a. Only clear land which will be actively under construction in the near term (e.g. within the next 1-2 months). b. Minimize new land disturbance during the spring runoff/snow melt season. 79 38 c. Avoid clearing or disturbing sensitive areas, such as steep slopes and natural waterways, where site improvements will not be constructed or are not necessary. 4. Stabilize Disturbed Areas – Disturbed areas must be permanently or temporarily stabilized as soon as possible, but no later than 14 days after last worked, whenever active construction is not occurring on that portion of the site. Disturbed areas must be stabilized by November 15th of each year to minimize erosion and sediment transport that occurs during spring snow melt. 5. Protect Slopes and Channels – Concentrated stormwater flows shall be avoided, or the conveyance system shall be protected sufficiently to prevent significant erosion. a. Safely convey runoff from the top of the slope and stabilize disturbed slopes as quickly as possible. b. Avoid disturbing natural channels. c. Ensure the runoff velocity caused by project does not erode channel bottoms. 6. Install and Maintain EPSC Measures – All sites must minimize pollution potential by installing and maintaining erosion prevention and sediment control measures throughout the duration of any project. a. Erosion prevention measures are those BMPs used to limit erosion of soil from disturbed areas on the site. Erosion prevention measures are required for all disturbed areas. Examples include: Contour Tracking, Rolled Erosion Control Products, Hydro Mulching and similar activities. b. Sediment control measures are those BMPs the limit the transport of sediment off-site or downstream of disturbed areas. Sediment control measures are required for all disturbed areas. The most commonly used sediment containment is silt fencing. c. Use non-structural and structural best management practices (BMPs) described in this chapter. d. All sites must be inspected regularly by a representative from the project to document the condition and effectiveness of BMPs. 7. Retain Sediment - Sediment control measures are required at all points where stormwater leaves the site as concentrated flow and at any other points where sediment has the potential to leave the site. Sediment-laden runoff will be considered a violation of City of Aspen code and can receive fines up to $1000 per day that the site is in violation. Best Management Practices Best Management Practices (BMPs) are activities or controls that are implemented to reduce the potential of discharging pollutants to the stormwater system and include pollution prevention measures and EPSC measures. 2.1 Permit and Construction Process Step 1 – Develop Construction SWMP The owner or the contractor should secure the services of a professional engineer knowledgeable in construction management practices and the City of Aspen requirements for stormwater management during construction to develop the Construction SWMP. The SWMP must be submitted as a portion of the CMP along with the building permit application. The Construction SWMP will be reviewed by the City and its comments will need to be addressed before a building permit will be issued. 80 38 Projects that disturb greater than one acre of land will also need to apply for a Construction General Permit with the CDPHE. This application also requires the submittal of a SWMP. The Construction SWMP developed for the purposes of construction within the City of Aspen should be adequate to submit with the Construction General Permit Application. The Construction SWMP shall consist of a written narrative report and a site plan map describing the erosion prevention and sediment control measures to be implemented at the site. Narrative Report The narrative report must contain, or refer to, the drainage report for the site and should contain, at the minimum, the following: 1. Contact Information – The names, addresses, email addresses and phone numbers of the project/property owner, the applicant or permit holder, the professional engineer preparing the Construction SWMP, and the site person that will be responsible for implementation of the Construction SWMP. 2. Project Description - A brief description of the nature and purpose of the land disturbing activity, the total area of the site, the area of disturbance involved, and project location including township, range, section, and quarter-section, or the latitude and longitude, of the approximate center of the project. 3. Existing Site Conditions - A description of the existing topography, vegetation, and drainage; and a description of any water bodies or conveyances on the site. 4. Downstream/Receiving Waters - Identification of the stormwater system downstream of the site including the receiving water body (e.g. Roaring Fork River). 5. Adjacent Areas - A description of neighboring areas including streams, lakes, residential areas, roads, etc., which might be affected by the land disturbance. 6. Soils - A brief description of the soils on the site including information on soil type and character. 7. Historic Conditions – Areas of historic contamination (natural, mining, industrial or agricultural) should be described. 8. Areas and Volumes - An estimate of the quantity (in cubic yards) of excavation and fill involved, and the surface area (in square feet and acres) of the proposed disturbance. 9. Pollution Prevention Measures – A description of the potential sources of pollution from construction activities and materials and the methods described in this chapter which will be used to prevent pollution to the stormwater system. Descriptions 10. Timing of Construction Activity – A schedule indicating the anticipated starting and completion time periods of the site grading and/or construction sequence, including the installation and removal time periods of erosion and sediment control measures, and the time of exposure of each area prior to the installation of temporary EPSC measures. 81 38 11. EPSC Measures - A description of the methods described in this chapter which will be used to prevent erosion and control sediment on the site. Descriptions must be site specific. Generic or general statements are not acceptable. 12. Permanent Stabilization - A brief description, including specifications and the landscaping plan, of how the site will be stabilized after construction is completed. 13. Stormwater Management Considerations – A description of how stormwater runoff from and through the site will be handled during construction. Provide a brief description of the post-construction stormwater quality control measures to be included as a part of the site development. 14. Inspection and Maintenance - A description of how each EPSC and pollution prevention measure will be maintained and a statement that the site will be inspected at least once every 14 calendar days and 24 hours before / after forecasted storm events to determine SWMP accuracy and effectiveness; proper installation, location, and condition of EPSC measures; and implementation of construction activity pollution prevention measures. An alternative of inspecting every 7 calendar days regardless of precipitation events or forecasts may also be used. Inspection and maintenance reports should be completed and kept on site following each inspection and made available to City of Aspen staff upon request. Any loss of sediment from the site should be noted and kept in file with these reports, including date and estimated amount of sediment loss and what activities were performed to ensure that sediment loss would not occur again. 15. Calculations - Any calculations made for the design of such items as sediment basins, diversions, or waterways; and calculations for runoff and stormwater detention basin design (if applicable). 16. Other information or data as may be reasonably required by the City of Aspen. 17. The following note - "This Construction Stormwater Management Plan has been placed in the City of Aspen file for this project and appears to fulfill the City of Aspen criteria for the management of construction activities and associated erosion and sedimentation controls. I understand that additional control measures may be needed if unforeseen pollutant transport problems are determined by City of Aspen to occur during this project or if the submitted plan does not function as intended. The requirements of this plan shall run with the land and be the obligation of the owner until such time as the project covered by this plan is properly completed, modified or voided." 18. Signature page for owner/developer acknowledging the review and acceptance of responsibility, a statement by the Professional Engineer acknowledging responsibility for the preparation of the SWMP, and a signature of the site representative that will be responsible for implementation of the SWMP in the field acknowledging that they have reviewed and agree to implement and maintain the proposed measures as designed or altered as necessary while meeting the intent of the design. Site Plan A plan sheet(s) size 24”x36” that shows the location of erosion prevention and sediment control measures with appropriate contours for each phase of the project must be submitted in addition to the narrative report. The site plan(s) must show: 1. A general location map at a scale of 1-inch to 1,000-feet to 1-inch to 8,000-feet indicating the general vicinity of the sitelocation. 2. The property lines for the site on which the work will be performed. 3. The construction SWMP at a scale of 1-inch to 20-feet up to 1-inch to 200-feet with separate sheets for each phase of site development construction. 4. Existing topography at one- or two-foot contour intervals. The map should extend a minimum of 100-feet beyond the property line or beyond the project’s soil disturbance limits, whichever is larger. 82 38 5. Proposed topography at one- or two-foot contour intervals. The map should show elevations, dimensions, location, extent and the slope of all proposed grading, including building site and driveway grades. 6. Delineation of the entire area draining to the site, drainage areas within the site, and discharge points from each drainage area. 7. Location of all existing structures and hydrologic features on the site. 8. Location of all structures and natural features on the land adjacent to the site and within a minimum of 100 feet of the site boundary line. 9. Delineation of trees and natural feature conservation areas such as steep slopes or natural channels. 10. Location of the storm sewer, street gutter, channel or other waters receiving storm runoff from the site. 11. Location of all proposed structures including drainage features, paved areas, retaining walls, cribbing, plantings and development for the site. 12. Limits of clearing and grading. 13. Location of construction entrance/exit. 14. Location of soil stockpiles - Areas designated for topsoil and subsoil storage. 15. Location of storage equipment maintenance and temporary disposal areas - Areas designated for equipment, fuel, lubricants, chemicals and all temporary construction waste storage. All these areas shall be cleaned out and reclaimed at end of project and waste disposed at legal disposal sites. 16. Location of designated concrete washout and a statement that concrete washout must occur within this location or hauled back to the batch plant. 17. Location of temporary roads designated for use during the construction period. 18. Location of temporary and permanent soil erosion control measures and sediment control measures. Depict all EPSC measures using the standard map symbols given in Figure C1-1. If the project will experience several phases of construction, a plan sheet must be submitted for each phase with the appropriate contours and EPSC measures depicted on the plan for that phase. 19. Detail drawings and specifications - Design drawings and specifications for erosion and sediment controls, temporary diversions and all other practices used for each phase of site development. 20. Other information or data as may be reasonably required by theCity. 21. The following note: "This Construction Stormwater Management Plan has been placed in the City of Aspen file for this project and appears to fulfill applicable erosion control and construction management criteria. I understand that additional measures may be required of the owner due to unforeseen erosion, sediment or other pollutant transport off the site or if the submitted plan does not function as intended. The requirements of this plan shall run with the land and be the obligation of the owner until such time as the project covered by this plan is properly completed, modified or voided". 19. Signature block for owner/developer acknowledging the review and acceptance of responsibility, a signed and stamped statement by the Professional Engineer acknowledging responsibility for the preparation of the SWMP, and a signature of the site representative that will be responsible for implementation of the SWMP in the field. Should the field representative change, this block should be updated with a signature of the current site representative that will be responsible for implementation of the SWMP. 83 38 Step 2 – Approval of Construction SWMP The Construction SWMP must be approved prior to issuance of a Building Permit by the City. The final SWMP must be consistent with a Drainage Report accepted by the City of Aspen Engineering Department. However, approval of the SWMP does not imply acceptance or approval of Drainage Plans, Utility Plans, Street or Road Plans, Design of Retaining Walls or any other aspect of site development. 2.2.1 Exemptions and Variances These are generally processed according to the applicable municipal regulations and reviewed on a case-by-case basis. 1. Exemptions from the erosion control planning process may be considered for any of the following by the local jurisdiction if their MS4 permit so allows; however, exempting the owner from the preparation and submittal of a SWMP and/or from applying for a grading permit does not exempt the owner from controlling erosion and sediment movement off the construction site: a. Agricultural use of land. b. Grading or an excavation below finished grade for basements, footings, retaining walls, or other structures on single family lots not a part of a larger development or redevelopment project and disturbing a total land surface of less than one (1) acre in size unless required otherwise by local jurisdiction. c. A sidewalk or driveway authorized by a valid permit. d. Land-disturbing activities involving less than a total of one (1) acre of disturbed area. Individual lots involving less than one (1) acre of disturbed area in a larger land use change project shall not be considered separate development projects, but rather as a part of the subdivision development as a whole and are not eligible for an exemption. It will be the responsibility of the homeowner or homebuilder to conform to all requirements of the locally- approved SWMP for the development or redevelopment. As part of any Building Permit within a larger development for which an individual erosion control plan is not required, it is recommended the following statement be included: "We have reviewed the Construction Storm Water Management Plan for (subdivision name) and agree to conform to all requirements contained therein and all erosion control requirements of the (insert name of municipality) and the State of Colorado. We further agree to construct and maintain all erosion and sediment control measures required on the individual lot(s) subject to this Building Permit and/or in accordance with the provisions of the Construction Best Management Practices chapter of the Manual published by the Urban Drainage and Flood Control District." e. Underground utility construction including the installation, maintenance and repair of all utilities under hard-surfaced roads, streets or sidewalks provided such land-disturbing activity is confined to the area which is hard-surfaced and if runoff and erosion from soil stockpiles are confined and will not enter the drainage system. f. Gravel, sand, dirt or topsoil removal as authorized pursuant to approval of the Colorado Mined Land Reclamation Board, provided said approval includes a construction activities management, erosion and sediment control plan that meets the minimumsspecified. g. Projects having a period of exposure (from time of land disturbance until permanent erosion control measures are installed) of less than 14 days. h. Where the owner certifies in writing to the City of Aspen and the City of Aspen agrees in writing that the planned work and the final structures or topographical changes will not result in, or contribute to, soil erosion or sediment discharges to any waterway or irrigation ditch and will not interfere with any existing drainage course or waterway in such a manner as to cause damage to any adjacent property, or result in the deposition of debris or sediment on any public right-of- way, will not present any hazard to any persons or property, and will have no detrimental influence upon the public welfare, or upon other properties in thewatershed. 84 38 2. Variances – The City of Aspen may consider waiving or modifying any of the criteria which are deemed inappropriate or too restrictive for site conditions by granting a variance, provided such variance does not violate the laws of the State of Colorado or the Federal government. Variances may be granted at the time of plan submission or request for plan revision. Variances must be requested in accordance with the subdivision regulations and must define: a. The criteria from which the applicant seeks a variance. b. The justification for not complying with the criteria. c. Alternate criteria or standard measures to be used in lieu of these criteria. The criteria and practices specified within this section of the Manual relate to the application of specific erosion and sediment control practices. Other practices or modifications to specified practices may be used if approved by the municipality prior to installation. Such practices must be thoroughly described and detailed to the satisfaction of the local municipality reviewing and approving the erosion control plan. To expedite the review and decisions on variance requests, it is suggested that a variance request be included with, or submitted prior to, the initial SWMP submittal. Step 3 – Project Construction – Installation, Maintenance, and Inspections During the construction phase, the following sequence is recommended for the implementation of the project and the SWMP: 1. During preparation of the Construction SWMP, the contractor designated a manager for the implementation of the SWMP. This person will be responsible for implementing all permit conditions and will communicate with City inspectors and inspectors from other agencies. 2. Install all BMPs shown on the SWMP that need to be installed in advance of proceeding with construction, such as construction fencing and limits of disturbance, tree and other natural area protections, construction exits, silt fences, inlet protection, etc. 3. Identify construction equipment and materials storage and maintenance areas and install BMPs to prevent pollutant migration from them. 4. Notify the City that the site is ready for initial inspection. 5. Install any additional BMPs that are called for in the SWMP before gradingbegins. a. Strip off and stockpile topsoil for reuse. Insure that soil stockpile is not located in a drainage path, downhill of a significant drainage area, is protected from erosion and dust migration, and that a sediment control measure is located downstream. b. Mulch areas that will remain undisturbed for more than two weeks during the April through September rainstorm season (e.g., stockpiles and overlot graded areas that will remain dormant for an extended period of time), or for more than a month during the October through March period. c. Insure that BMPs that need to be installed at different times during the project are installed when called for in the SWMP or by the City’s inspector and are in full operation before construction activities begin in areas served by them. 85 38 d. Inspections by site Supervisor / Professional Engineer e. Inspections by City will occur regularly to inspect for general compliance with the approved plan. f. Maintenance by the permit holder / and or property owner is required for all BMP’s regardless of the stage of construction. g. Maintenance time frame from City h. Enforcement from City will occur at any time when a permit holder / and or property owner is in violation of the SWWP. Enforcement will escalate from verbal notices of corrective actions to stop work orders based on the number of violations or the severity of any one single violation. Step 4 – Project Completion – Stabilization, Re-vegetation, and CO Re-vegetate the site as called for in the SWMP. 1. After all work has been completed in an area a. including stabilization and re-vegetation, b. clean out and restore any post construction BMPs that may have been used for construction sediment controls. After all work has been completed on site, prepare the site for a CO inspection by the City and arrange for this inspection by calling (970) 920-5448. Correct all deficiencies and call for follow- up inspection. The owner or contractor needs to arrange for inspection by the local jurisdiction when the vegetation has reached acceptable level of coverage and maturity. This could take months. In the meantime, the owner or contractor need to inspect the site on a regular basis to determine if there are deficiencies or damage that need to be addressed. The owner is responsible for the performance of all erosion and sedimentation control installations until such time the site’s re- vegetation is deemed acceptable and a written notice is provided to the owner by the local jurisdiction. Once re-vegetation has been accepted, request release of any surety, letters of credit or other financial guarantees the local jurisdiction may have required the permit holder provide at the time the permit is issued. A closure of the construction activities permit from the State should also be pursued at this time. 86 MEAN HIGH WATER LINE R OA RI N G F O R K RI V E RTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMER EMERGENCY ACCESS EASEMENT EXIST. EDGE OF PAVEMENT 10' - 0" PARK AVENUE PROPERTY LINE PROPERTY LINE PROPERTY LINE PLAT BK. 41 PG. 32 20'-0" ROW / UTILITY EASEMENT EXIST. EDGE OF PAVEMENT PROPOSED SETBACK 10' - 0"PROPERTY LINE PROPERTY LINE EXIST. BUILDING SEWER EASEMENT 10' - 0" PROPOSED BUILDING FOOTPRINT PLAT BK. 41 PG.32 20 '-0" ROW/ UTILI TY EASEMENT 10' - 0" 10' - 0" SIDE SETBACK 10' - 0" S I D E S E T B A C K 5' - 0 " REAR SETBACK15' - 0" EGRESS LIGHTWELL; MIN. DIM. PER CODE EGRESS LIGHTWELL; MIN. DIM. PER CODE FRONT SETBACK6" PROPOSED BUILDING FOOTPRINT EGRESS LIGHTWELL 333 PARK AVE. 401 PARK AVE. SEWER EASEMENT 10' - 0" B O U L D E R R E T A I N I N G W A L L GRAVEL PARKING GRAVEL PARKING SHED DECK DECK © C O P Y R I G H T 2 0 2 2 F& M A R C H I T E C T S , L L C PO B o x 6 7 6 2 1 5 K e a r n s R d . S n o w m a s s V i l l a g e , C O 8 1 6 1 5 i n f o @ f a n d m a r c h i t e c t s . c o m 9 7 0 . 9 8 7 . 2 7 0 7 SHEET NO. DRAWING: JOB NO. 5/ 2 5 / 2 0 2 2 1 1 : 3 5 : 2 3 A M CMP #17042 CONSTRUCTION MANAGEMENT PLAN RI V E R B A N K H O U S E 33 3 P A R K A V E AS P E N , C O L O R A D O Issue Date ISSUE: DATE: 3/32" = 1'-0" 1 CONSTRUCTION MANAGEMENT PLAN 87 38 Appendix H – Construction Waste Management Plan CONSTRUCTION WASTE MANAGEMENT PLAN Company Name: Colorado Site Services Contact Person: Steve Jackson Address: 398 Merrill Ave C Telephone #: 970-963-2482 Project Location: 333 Park Avenue, Aspen, CO 81611 Contractor: SH Building Group Contact Person: Tom Sherlock Telephone #: 970-379-0520 Recycling Coordinators: SH Built Contact Person: Tom Sherlock Telephone #: (970)379-0520 88 38 Project Description: New building construction will be a two-storey, single-family home which will be 6110.66 SF of gross floor area. Home will be built on the empty lot at 333 Park Ave. 89 38 Waste Management Goals: This project will recycle or salvage for reuse a minimum of 10% by weight of the waste generated on-site. ➢Waste reduction will be achieved through building design, and reuse and recycling efforts will be maintained throughout the construction process. Waste Prevention Planning: ➢Compliance with Chittenden Solid Waste District’s (C.S.W.D.) mandatory recycling requirements for businesses. C.S.W.D. mandatory recyclables include: o newspaper o corrugated cardboard o white and colored office paper o plastic and glass bottles and jars o metal cans ➢Compliance with C.S.W.D. and Pitkin County’s Landfill Bans, i.e. no disposal of tires, appliances, yard waste, mandatory recyclables, hazardous waste, batteries, fluorescent tubes, electronic waste and large metal items. ➢Project Construction Documents – Requirements for waste management which will be included in all work. The General Contractor will contractually require all subcontractors to comply with the C.S.W.D. mandatory recycling requirements. ➢The Construction Waste Reduction Plan shall be implemented and executed as follows and as on the chart: o Salvageable materials will be diverted from disposal where feasible. o There will be a designated area on the construction site reserved for adumpster specifically labeled for material to be received. o Hazardous waste will be managed by a licensed hazardous waste vendor. 90 38 1.Salvage Yes No Do you plan to salvage materials from this project prior to demolition or construction? If YES, list the materials that will be salvaged (e.g., doors, windows, casing, toilets, sinks, fixtures, wood siding, tiles, etc.) Facility or Salvage company receiving material Receipt attached Y/N? 1. 2. 3. 4. 5. 2. Source Separation Yes No Do you plan to source separate any materials for delivery to a recycling facility (e.g. separation of material such as wood, concrete, metal into separate bins) X Materials Hauler Facility Lumber, wood products CO Site Services Pitkin County Land fill copper and aluminum CO Site Services Pitkin County Land fill Cardboard CO Site Services Pitkin County Land fill 3. On-Site Use Yes No N/A X 91 38 Do you plan any on-site reuse activities for this project (e.g. reuse of wood forms for concrete, on-site crushing of concrete for on-site use, use of reusable containers or pallets for material deliveries, etc.)? (please provide photos of locations these items were reused) YES If yes, please describe: 4. Disposal at landfill Yes No Will any materials be disposed of (not recycled or salvaged) at the landfill? Estimate the number of tons of material to be taken to the landfill for disposal: 5 Tons X NO 92 38 Construction & Demolition Summary Report (CDSR) This form must be completed for the following types of projects: •All New Construction •All Demolition, (excluding single family & duplex) •Addition/Alteration with construction valuation exceeding $50,000 (excluding single family & duplex residential) Completed Summary Reports must be submitted prior to sign off at Final Inspection and issuance of certificate of occupancy or temporary certificate of occupancy. A separate Summary Report is required for each permit issued. Deliver completed CDSR to Building Inspector. Call (XXX) XXX-XXXX or email with inquiries regarding this form. DO NOT ATTACH ADDITIONAL ITEMS For lines 1, 2 &3 please check only 1 item for each 1) Project Type:N e w Construction Addition/Alteration 2) Building Type:Non-residential Single Family/Duplex Demolition Apartment/Multifamily Sewer/Storm Drain Streets, Sidewalks, Traffic Bridge 3)Tenant Improvement (check one): Yes No 4)Size of Project 6111 sq. ft.; Project Valuation $4,005,765 5)Completion Date 06/ 30/2024 6)Describe any difficulties you encountered in complying with your waste management plan and tell us how to remedy the problem in the future. Permit #: TBD Project Address: (include floor,suite, etc.): 333 Park Avenue, Aspen, CO Contact Name: Tom Sherlock Title: Contractor Company: SH Built Contact Mailing Address: 314b AABC City Aspen State CO ZIP 81611 Phone: 970-923-1122 Fax: n/a Email: tom@shbuilt.com 93 38 For City Use Only: App Filed / / CDSR Submitted / / Received / / Counter Staff Diversion Goal Approved Good Cause Non-Attainment Conditional Approval Not Approved, reason 94 38 Permit #: Address: 333 Park Ave., Aspen REQUIREMENT: Recycle % of Asphalt & Concrete materials and no less than % of all other debris (measured in tons). Instructions: Using receipts and invoices list the tonnage of materials recycled during construction or demolition. See the Conversion Worksheet to change all materials to tons. Complete the chart below and make sure your column totals are correct. Include destinations for all materials. Use Materials Conversion Worksheet to convert from cubic yards, square feet, board feet, etc. to tons Column A – Tons of scrap or debris for each material type. Columns B, C, D – quantities of A to be salvaged or reused, recycled, or disposed. See worksheet for definitions. Column E – list vendors or facilities used for salvage or reuse, recycling, or disposal. 95 38 Appendix I – Holiday Season Dates Look for the day that December 25th lands on for the current year that you are doing construction. Years: 2017, 2023, 2028 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Jan 2 Jan 3 Years: 2018, 2029, 2035 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Jan 2 Jan 3 Years: 2019, 2024, 2030 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Jan 2 Years: 2025, 2031, 2036 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 19 Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Jan 2 Years: 2020, 2026, 2037 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 19 Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Jan 2 Years: 2021, 2027, 2032 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 18 Dec 19 Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Years: 2016, 2022, 2033 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Dec 18 Dec 19 Dec 20 Dec 21 Dec 22 Dec 23 Dec 24 Dec 25 Dec 26 Dec 27 Dec 28 Dec 29 Dec 30 Dec 31 Jan 1 Holiday Restricted Hours in Core Christmas Restricted Hours in CRA 96 6/7/22, 8:38 AM 333 Park Ave - Google Maps https://www.google.com/maps/place/333+Park+Ave,+Aspen,+CO+81611/@39.1889831,-106.8116933,18z/data=!4m5!3m4!1s0x87403bda3f3ad019:0…1/2 Map data ©2022 Google 100 ft 333 Park Ave Directions Save Nearby Send to phone Share 333 Park Ave, Aspen, CO 81611 55QQ+HQ Aspen, Colorado 333 Park Ave Vicinity Map 97 MEAN HIGH WATER LINE R OA RI N G F O R K RI V E RTOP OF SLOPE PER C.O.A.EXIST. ELEC. TRANSFORMER EMERGENCY ACCESS EASEMENT EXIST. EDGE OF PAVEMENT 10' - 0" PARK AVENUE PROPERTY LINE PROPERTY LINE PROPERTY LINE PLAT BK. 41 PG. 32 20'-0" ROW / UTILITY EASEMENT EXIST. EDGE OF PAVEMENT PROPOSED SETBACK 10' - 0"PROPERTY LINE PROPERTY LINE EXIST. BUILDING SEWER EASEMENT 10' - 0" PROPOSED BUILDING FOOTPRINT PLAT BK. 41 PG.32 20 '-0" ROW/ UTILI TY EASEMENT 10' - 0" 10' - 0" SIDE SETBACK 10' - 0" S I D E S E T B A C K 5' - 0 " REAR SETBACK15' - 0" EGRESS LIGHTWELL; MIN. DIM. PER CODE EGRESS LIGHTWELL; MIN. DIM. PER CODE FRONT SETBACK6" PROPOSED BUILDING FOOTPRINT EGRESS LIGHTWELL 333 PARK AVE. 401 PARK AVE. SEWER EASEMENT 10' - 0" B O U L D E R R E T A I N I N G W A L L GRAVEL PARKING GRAVEL PARKING SHED DECK DECK © C O P Y R I G H T 2 0 2 2 F& M A R C H I T E C T S , L L C PO B o x 6 7 6 2 1 5 K e a r n s R d . S n o w m a s s V i l l a g e , C O 8 1 6 1 5 i n f o @ f a n d m a r c h i t e c t s . c o m 9 7 0 . 9 8 7 . 2 7 0 7 SHEET NO. DRAWING: JOB NO. 5/ 2 5 / 2 0 2 2 1 1 : 3 5 : 2 3 A M CMP #17042 CONSTRUCTION MANAGEMENT PLAN RI V E R B A N K H O U S E 33 3 P A R K A V E AS P E N , C O L O R A D O Issue Date ISSUE: DATE: 3/32" = 1'-0" 1 CONSTRUCTION MANAGEMENT PLAN 98 99 10 0 101 102 103 NOTICE OF PUBLIC HEARING 427 Rio Grande Place, Aspen, CO 81611 p: (970) 920.5090 www.aspen.gov 401 Park Avenue Project Location: 401 Park Avenue Land Use Reviews: Permitted Use Variance Decision Making Body: Board of Adjustment Hearing Date: Thursday, December 1st, 2022; 4:30PM Hearing Location: Virtual Meeting via WebEx planned. In the alternative, the meeting will be held at City Hall, City Council Chambers, 427 Rio Grande Pl., Aspen, CO 81611. Please visit https://cityofaspen.com/1225/Current-City-Webcast-Meetings- Agendas for final determination of meeting format, and instructions for participation, after November 25th. Project Description: The Applicant is requesting to use 401 Park Avenue for construction staging during construction of a single-family residence at 333 Park Avenue, an adjacent property. Legal Description: Adjusted Parcel II, as shown on the Bibbig Subdivision Exemption-Lot Line Adjustment Plat recorded January 15, 1997 in Plat Book 41 at Page 31 as Reception No. 400915, Pitkin County, Colorado. Parcel ID: 2737-074-50-002 Applicant: BMH Investments – Brian and Shelly Hendry, 1001 Fannin St., #3850, Houston, TX 77002 More Information: For further information related to the project, contact Jeffrey Barnhill at the City of Aspen Community Development Department, 427 Rio Grande Pl., Aspen, CO, 970.319.6636 jeffrey.barnhill@aspen.gov.104 300 South Spring Street Aspen CO 81611 970.925.2855 bendonadams.com 105 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. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. 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: 273707450002 on 11/04/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 106 1050 MATCHLESS ONE LLC ASPEN, CO 81612 PO BOX 4900 1208 EAST HOPKINS LLC ASPEN, CO 81611 312 AABC STE D 165 PARK CIRCLE CONDO ASPEN, CO 81611 COMMON AREA 302 ASPEN VIEW LLC AUSTIN, TX 78733 2703 DE SOTO DR 311 PARK AVE LLC SAN FRANCISCO, CA 94123 3047 FILLMORE ST 315-317 PARK AVE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 315 PARK AVE 328 PARK/327 MIDLAND CONDO ASSOC ASPEN, CO 81611 COMMON AREA 328 PARK AVE 424 PARK A-3 LLC ASPEN, CO 81611 424 PARK CIR TH-2 622 OCEAN LLC ISLE OF PALMS, SC 29451 PO BOX 522 981 KING STREET LLC ASPEN, CO 81612 PO BOX 3123 990 KING ST UNIT #2 LLC ASPEN, CO 81611 1295 RIVERSIDE DR 990 KING ST UNIT #4 LLC ASPEN, CO 81611 1295 RIVERSIDE DR AJAX LAND LLC CHEYENNE, WY 82001 316 E 25TH ST #B ALPINE BANK GLENWOOD SPRINGS, CO 81601 2200 GRAND AVE ALVIS MARCI L HOUSTON, TX 77040 8827 W SAM HOUSTON PKWY N #200 AMORY LEE RANDOLPH ASPEN, CO 81611 403 PARK AVE #7 ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A ASPEN, CO 81611 409 PARK CIR #4 ARAPAHOE LLC ST PAUL, MN 55110 1201 N BIRCH LAKE BLVD ASPEN ASSET LLC GLENWOOD SPRINGS, CO 816014395 2701 MIDLAND AVE #8312 ASPEN HILLS CONDO ASSOC ASPEN, CO 81611 160 MIDLAND AVE ASPEN VIEW CONDO ASSOC ASPEN, CO 81611 326 MIDLAND AVE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 18 TRUSCOTT PL AUVIL CAROL A TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR AUVIL PAUL R JR TRUST SURPRISE, AZ 853742049 15233 W DAYBREAK DR BAKKEN JOHN & LIZA N ASPEN, CO 81612 PO BOX 12064 BALLOU JONATHAN ASPEN, CO 81611 403 PARK AVE #6 BELINDA BEE CONDO ASPEN, CO 81611 990 KING ST BENTLEY CARL F ASPEN, CO 81611 427 PARK CIR BENZIGER KATHERINE ASPEN, CO 816110245 1050 MATCHLESS DR #2 BERNARD RANDY ASHEVILLE, NC 28805 18 PLATEAU RD 107 BESTIC JEFFREY B ASPEN, CO 81611 PO BOX 2267 BIRACH KAREN ASPEN, CO 81611-2414 122 MIDLAND PARK PL BLOMQUIST JENIFER L ASPEN, CO 81612 PO BOX 12155 BLUE SKYE DAISY BROOKE PARTNERSHIP LLLP ASPEN, CO 81611 1024 E HOPKINS #17 BLUMENTRITT DAVID & NATALIE ASPEN, CO 81611 403 PARK AVE #8 BMH INVESTMENTS LTD HOUSTON, TX 77024 840 GESSNER RD #1000 BORN FREE ASPEN LLC AUSTIN, TX 78746 2001 STONERIDGE TERR BROOKS KERRI L ASPEN, CO 81611 112 MIDLAND PARK PL BROWNELL CONDO ASSOC ASPEN, CO 81611 996 GIBSON AVE CALAMARI PETER J IV ASPEN, CO 81611 415 PARK CIR #4 CALK LAURA E ASPEN, CO 81611-2472 722 MIDLAND PARK PL CARDWELL ROBERT A LAGUNA BEACH, CA 92651 1672 LOUISE ST CASILLAS BROOKE ASPEN, CO 81611 990 KING ST #2 CERESA CRISTINA A ASPEN, CO 81611 425 PARK CIR #A-2 CHAZEN DAVID FRANKLIN II NEW YORK, NY 10169 230 PARK AVE #1825 CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL CMTR LLC ASPEN, CO 81612 PO BOX 7631 COERDT CLINTON C ASPEN, CO 81611 326 MIDLAND AVE #201 COERDT HENRY K ASPEN, CO 81611 326 MIDLAND AVE #201 COFFEY JOANNA ASPEN, CO 81611 425 PARK CIR #A4 COLAS CONDO ASSOC ASPEN, CO 81611 341 PARK AVE COLORADO MTN NEWS MEDIA CARSON CITY, NV 89702 PO BOX 1927 COWLING LINDA ASPEN, CO 81612 PO BOX 9656 CROFT LORI FORT WORTH, TX 76109-1355 2516 SHIRLEY AVE CRYDEN PARK LLC ASPEN, CO 816122538 PO BOX 2538 CUNNINGHAM CAITLYN E ASPEN, CO 81611 425 PARK CIR #A1 CUNNINGHAM PAMELA M ASPEN, CO 81611 502 MIDLAND PARK PL CURRAN MIKE & VERONICA REV TRUST HOUSTON, TX 77027 3433 WESTHEIMER RD #1103 DAVIS D STONE ASPEN, CO 81612 PO BOX 8904 DECRAY MARCELLA IRREV PROPERTY TRUST SANTA MONICA, CA 90405 1528 HILL ST 108 DECRAY MARCELLA TRUST SANTA MONICA, CA 90405 1528 HILL ST DODINGTON SUSAN M ASPEN, CO 81611 221 MIDLAND PARK PL EPLER ANDI E ASPEN, CO 81611-2590 415 PARK CIR #3 EPSTEN BRADFORD M QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST EPSTEN VIRGINIA H QPR TRUST KANSAS CITY, MO 641121602 4940 WYANDOTTE ST EVERETTE JOHN ASPEN, CO 81611 712 MIDLAND PARK PL FARR TENA D SPRECKELS, CA 93962 PO BOX 7534 FARR TENA D 1989 TRUST SPRECKELS, CA 93962 PO BOX 7534 FARRELL SCOTT W ASPEN, CO 81612 PO BOX 9656 FAT CITY APARTMENTS LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 FERLISI MARY SANDRA LIVING TRUST ASPEN, CO 81611 326 MIDLAND AVE #307 FERRO TAMARA ASPEN, CO 81611 304 MIDLAND PARK PL FINLEY CLAIRE SNOWMASS VILLAGE, CO 81615 PO BOX 6828 FRONT FOUR LLC AUSTIN, TX 78703 2608 MCCALLUM DR FUENTES DAVID & MARY KATHARINE ASPEN, CO 81611 302 MIDLAND PARK PL #C2 FULL MOON ASPEN LLC ASPEN, CO 81612 PO BOX 8931 GARTON SARA B ASPEN, CO 81611 110 MIDLAND PARK PL GLEASON AMY ASPEN, CO 81611 712 MIDLAND PARK PL GODFREY ANDREW & DIANE ASPEN, CO 816112473 603 MIDLAND PARK PL GOLDSTEIN GARY L LVG TRUST NO 1 ASPEN, CO 816114109 1020 E HOPKINS AVE #7 GOODMAN DREW I HIGHLANDS RANCH, CO 801263609 9387 SORI LN GOODROE SHIRLEY A CAMP HILL , PA 17011 3503 MARGO RD GORBITZ HEIDI & PATRIC ASPEN, CO 81612 PO BOX 647 GRAHAM MARGOT ASPEN, CO 81612 PO BOX 2254 GRIFFITHS THOMAS W ASPEN, CO 81611 504 MIDLAND PARK PL HAGEN CATHERINE ANNE ASPEN, CO 81611 210 MIDLAND PARK PL HANSEN BETH ASPEN, CO 81611 811 MIDLAND PK PL # H11 HAT COLORADO LLC LOS ANGELES, CA 90024 10866 WILSHIRE BLVD #1100 HECK JAMES C ASPEN, CO 81612 PO BOX 8416 HELBING ATHENA ASPEN, CO 81611 403 PARK AVE #6 109 HEMMING GREGG S & KAREN S ASPEN, CO 81611 311 MIDLAND AVE HENDRICKS LYNDELL B ASPEN, CO 81612 PO BOX 11152 HENRIQUEZ YASMIN ARELI MEDINA ASPEN, CO 81611 38996 HWY 82 #86 HERMELIN ASPEN LLC FRANKLIN, MI 48025 32205 BINGHAM RD HEYMAN BRUCE QPR TRUST ASPEN, CO 81611 625 E MAIN ST #102 BOX 411 HEYMAN VICKI QPR TRUST OGDENSBURG , NY 136695000 PO BOX 5000 HIGGINS PAUL ASPEN, CO 81611 303 MIDLAND PARK PL #C-3 HITCHCOCK SAMANTHA ASPEN, CO 81612 PO BOX 329 HOUBEN CYNTHIA MICHELE ASPEN, CO 81612 PO BOX 9616 HTM PROPERTIES LLC ASPEN, CO 81611 11 SMUGGLER GROVE RD HUA VINH ASPEN, CO 81612 PO BOX 2439 HUMPHREY JESS ASPEN, CO 81611 811 MIDLAND PK PL # H11 IBARA RON CAYUCOS, CA 93430 PO BOX 776 J2C LLC 1130 VIENNA AUSTRIA , PACASSISTRASSE 62 JACOBIE CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK CIR JEFFERSON GREG ASPEN, CO 81611 711 MIDLAND PARK PL JOHNSON SHAEL ASPEN, CO 81612 PO BOX 3549 JOHNSTON PEGGY ASPEN, CO 81611 111 MIDLAND PARK PL KALNITSKY EUGENE TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 KALNITSKY LINDA BUDIN TRUST DURHAM, NC 27705 2701 PICKETT RD #2008 KAWAII DOG LLC ASPEN, CO 81611 729 E BLEEKER ST KEARN ROBERT & ORENE FAMILY TRUST HILLSBOROUGH, CA 94010 1831 WILLOW RD KELLEY BRAD BUCKLEY & SHARI L EDEN, UT 84310 1736 N 6250 E KENNEDY PATRICIA ANN REV LIV TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W CHILDRENS TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W FAMILY TRST BARRINGTON HILLS, IL 60010 218 STEEPLECHASE RD KENNEDY WILLIAM W REV LVG TRUST BARRINGTON, IL 60010 218 STEEPLECHASE RD KERN JORDON ASPEN, CO 81611 403 PARK AVE #2 KETAI JAMES A DETROIT, MI 48201 3663 WOODWARD AVE #500 KLENDA SHAFFER ASPEN, CO 81611 403 PARK AVE #10 110 KOLBERG JUDITH A ASPEN, CO 81611 501 MIDLAND PARK PL KRIEBEL KATHLEEN ASPEN, CO 81612 PO BOX 910 KRIGEL SANFORD P TRUST KANSAS CITY, MO 64111 4520 MAIN ST KRIGEL SCOTT W TRUST KANSAS CITY, MO 64111 4520 MAIN ST KROMELOW BASIL M & LAUREANNE L CHICAGO, IL 60610 55 W DELAWARE PL KT COLORADO HOLDINGS LLC SCOTTSDALE, AZ 85251 6380 E THOMAS RD #200 KURNOS TIMOTHY A ASPEN, CO 81611 403 PARK AVE #9 LACROIX TIMOTHY ASPEN, CO 81611 113 MIDLAND PARK PL LDRAM 2 LLC PARADISE VALLEY, AZ 85253 3900 E BETHANY HOME RD LEE BARBARA C TRUST BROOKLINE, MA 02445 35 FISHER AVE LEE JONATHAN O TRUST BROOKLINE, MA 02445 35 FISHER AVE LIEN-TWO CONDO ASSOC ASPEN, CO 81611 COMMON AREA PARK AVE LLOYD JAMES QTIP TRUST WILSON, WY 83014 PO BOX 1845 LOWE GREGG & DIANA ASPEN, CO 81611 302 PARK AVE LOWE SARA M & CORY J ASPEN, CO 81611 407 PARK AVE #B LUPI-PEATE NATALIA ASPEN, CO 816112487 404 MIDLAND PARK PL LUU TONG KHON ASPEN, CO 81611 435 E MAIN ST #03 LUU VINH ASPEN, CO 81612 PO BOX 8513 MACCRACKEN SCOTT R ASPEN, CO 81611 403 MIDLAND PK PL # D3 MAINIAC PROPERTIES LLC SCARBOROUGH, ME 04074 201 US ROUTE 1 #226 MANUEL CATHERINE & LINCOLN ASPEN, CO 81611 409 PARK CIR #2 MARTHINSSON NOSTDAHL CONDO ASSOC ASPEN, CO 81611 403 PARK AVE MARVER BRIAN AUSTIN, TX 78701 301 WEST AVE #3105 MARVER HOLDINGS LLC ASPEN, CO 81611 424 PARK CIR #3 MCCOY CARLTON ST HELENA , CA 94574 500 TAPLIN RD MCDONALD FRANCIS B ASPEN, CO 81612 PO BOX 4671 MCKELVEY CHRISTINE M REV TRUST ASPEN, CO 81611 415 PARK CIR #2 MCLAUGHLIN KEVIN ASPEN, CO 81611 403 PARK AVE #4 MCPHEE JAMES MICHAEL & ANNE MARIE ASPEN, CO 81611 401 MIDLAND PARK PL MEBEL GREGORY REV LIV TRUST PAIA, HI 96779 46 S LAELUA PL 111 MEDINA LESLY ALEXANDRA SEGOVIA ASPEN, CO 81611 38996 HWY 82 #86 MERZBACH NINA SANTA BARBARA, CA 931053725 407 STANLEY DR MIDLAND PARK PLACE CONDO ASSOC ASPEN, CO 81612 PO BOX 10609 MJJ 2020 LLC DALLAS, TX 75229 10244 EPPING LN MORK HALBERT FAM TRUST ROLLING HILLS, CA 90274 77 ASPEN WAY MOYER MARY ASPEN, CO 81611 424 PARK CIR #6 MUNROE KRISTIN EPLER TRUST ASPEN, CO 81611-2590 415 PARK CIR #3 NARAT APSARA ASPEN, CO 81611 415 PARK CIR #5 NEARY DENNIS R & NANCY CENTLIVRE INDIANAPOLIS, IN 46236 8282 BOWLINE CT OCALLAGHAN-AWREY DIANA J ASPEN, CO 81611 PARK CIRCLE #425-C OVERTON MADELYN ASPEN, CO 81611 403 PARK AVE #2 PAGANO JOSEPH A ASPEN, CO 81611 1020 E HOPKINS #2 PARK & HOPKINS LLC DENVER, CO 80211 3512 N PECOS ST PARK AVENUE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 102 PARK AVE PARK AVENUE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 407 PARK AVE UNIT A PARK CIRCLE CONDO ASSOC ASPEN, CO 81611 COMMON AREA 425 PARK CIR PARK CIRCLE UNIT 1 LLC ASPEN, CO 81611 416 AABC PATTEN DAVID N ASPEN, CO 81611 810 MIDLAND PARK PL PEATE WILLIAM DOUGLAS ASPEN, CO 816112487 404 MIDLAND PARK PL PEISACH KIRSTEN ASPEN, CO 81611 605 E MAIN ST #10 PERLEY PAUL S ASPEN, CO 81612 PO BOX 12155 PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81612 PO BOX 8245 PICKARD NANCY S ASPEN, CO 81611 1020 E HOPKINS AVE #4 PIERCE ROBERT KING ASPEN, CO 81612 PO BOX 3118 PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 PK EQUITY ASPEN LLC SCOTTSDALE, AZ 85251 6380 E THOMAS RD #200 POST MARISA JOY ASPEN, CO 81611 403 MIDLAND PK PL # 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Spring Street, Setback Variance Review Resolution #XX, Series of 2022 MEETING DATE: December 1, 2022 APPLICANT: AMS Enterprises, Inc. c/o Jack Frey, President & Sole Owner REPRESENTATIVE: John D. LaSalle, Attorney LOCATION: 424 South Spring Street CURRENT ZONING AND USE: Zoned Neighborhood Commercial (NC) and improved with a commercial building containing multiple businesses Lot Size: 4,500 sq. ft. SUMMARY OF REQUEST: The applicant requests a setback variance of five (5) feet, reducing the minimum setback from five (5) feet to zero (0) feet to maintain various improvements associated with the businesses located within the building. STAFF RECOMMENDATION: Staff supports a variance on this property and recommends approval of the request. Figure 1: Site Location 424 Figure 2: Front of Property (As Viewed from corner of E. Durant Ave. & S. Spring St.) 116 Page 2 of 4 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant requests the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a setback variance for this site, reducing the minimum setback from five feet to zero feet to maintain existing improvements associated with businesses located within the building. The Board of Adjustment is the final review authority. BACKGROUND: 424 South Spring Street is located within the Neighborhood Commercial (NC) zone district and has a gross lot area of 4,500 sq. ft. The property was developed circa 1960 and is currently improved with a two-story commercial building for which five businesses are located. Existing businesses include the Butchers Block, Stapleton Sports, Up Snowboards and Kim’s Spa. The eastern side of the property (behind the building) contains several improvements that are used for the daily operation of the businesses. The improvements consist of the following: 1. A dumpster/recycle enclosure & a roof overhang (Figure 3) 2. Refrigeration equipment (Figures 4 & 5) 3. Backup generators (Figures 2 & 3) 4. Storage sheds (Figures 2 & 3) These improvements are located within the five-foot setback prescribed by the NC zone district. Pursuant to Land Use Code Section 575.020.e.5.k, Allowed Projections into Setbacks, heating, air conditioning and similar mechanical equipment located within a setback may not exceed thirty (30) inches vertically above finished grade. As depicted in the photos above, these improvements exceed the thirty-inch maximum. The land use code also prohibits storage sheds, containers, and lockers within setbacks. The subject improvements do not meet code requirements and are considered existing nonconformities. The application requests a five-foot variance to reduce the setback requirement from five feet to zero feet to legalize these improvements. Figure 3 Figure 4 Figure 5 Figures 3-5: Existing Improvements located within 5-ft. setback 117 Page 3 of 4 REVIEWS Setback Variance The criteria to grant a variance are strict. The applicant must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved through a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City may 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 supports the requested variance. The equipment is needed for the basic function of the businesses, and there does not appear to be an alternative location that would meet other Land Use Code requirements. As shown in Figures 6-9, the property has street frontage along its southern and western sides. The code generally discourages the placement of mechanical equipment, trash enclosures, storage sheds, and other related improvements along street- facing facades, even if setback requirements are met. Figure 8: Subject property as viewed from the corner of E. Durant Ave. & S. Spring St. C A Figure 7: An alley runs adjacent to the property and provides access to other businesses A B C Figure 6: Street & alley frontage surrounding subject property B Figure 9: Subject property as viewed from S. Spring Street 118 Page 4 of 4 Instead, mechanical equipment, trash enclosures, and other related improvements are generally required to be located within an alley, to minimize visual impacts while also providing access to maintain and service the equipment. An alley spans along the northern side of the property. However, the footprint of the existing building encroaches well into the five -foot setback prescribed for this side of the property, leaving very little space between the edge of the building and the property line. Any equipment placed on this side of the building would likely encroach into the alley, which is especially concerning given the high volume of vehicles and pedestrians that use this right-of-way to access City Market and the other businesses located within the plaza. The existing location of the equipment appears to be the best option given site -specific constraints. Staff recommends approval of a variance to memorialize the existing footprint of the improvements subject to the conditions of approval listed in the resolution. RECOMMENDATION: Staff recommends the Board of Adjustment approve the variance request to reduce the minimum eastern side setback from five feet to zero feet, subject to the conditions listed in the resolution. This equipment is needed for the basic function of the businesses located in the building and the existing location of the equipment is the best option available given site-specific constraints. PROPOSED MOTION: Staff recommends approval of the request. Two motions are proposed, both of which are written in the affirmative. The first approves the resolution while the second denies the resolution. Motion 1: “I move to approve Resolution No. XX, Series 2022, approving the variance to reduce the east side setback from five feet to zero feet, subject to the conditions listed in the resolution.” If the Board determines that the criteria are not met for a Variance, the following motion may be used: Motion 2: “I move to approve Resolution No. XX, Series 2022 denying the variance for the east side setback.” ATTACHMENTS: Exhibit A – Variance Review Criteria | Staff Findings Exhibit B – Application 119 Board of Adjustment Resolution No. XX, Series 2022 Page 1 of 4 RESOLUTION NO. XX (SERIES OF 2022) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A SETBACK VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT K AND THE WESTERLY ½ OF LOT L, BLOCK 106, CITY AND TOWNSITE OF ASPEN, PIKTIN COUNTY, COLORADO, COMMONLY KNOWN AS 424 SOUTH SPRING STREET, ASPEN, CO 81611 Parcel ID No: 2737-182-42-002 WHEREAS, the subject property is located within the Neighborhood Commercial (NC) zone district and is improved with a two-story commercial building containing various businesses, WHEREAS, several improvements including but not limited to a trash enclosure, backup generators, storage lockers, and refrigeration equipment currently encroach into the east-side five (5) foot setback of the property, WHEREAS, pursuant to Land Use Code Section 26.575.020.e.5.k, Allowed Projections into Setbacks, heating, air conditioning, and similar mechanical equipment located within a setback may not exceed thirty (30) inches vertically above finished grade and storage sheds, containers, or lockers are prohibited within setbacks; and, WHEREAS, the Community Development Department received an application for 424 S. Spring Street, (the Application) from AMS Enterprises, Inc. c/o Jack Frey, President & Sole Owner (Applicant), represented by John D. LaSalle, attorney, for the following land use review approvals: • Setback Variance: pursuant to Land Use Code Chapter 26.314, to maintain existing and future improvements within the east side setback for the function of adjacent businesses; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – September 19, 2022, as applicable to this Project; and, WHEREAS, during a duly noticed public hearing on December 1, 2022, the Board of Adjustment reviewed the Application and approved Resolution XX, Series of 2022, by a XX to XX vote (X-X), granting approval for Dimensional Variance Review, as identified herein. 120 Board of Adjustment Resolution No. XX, Series 2022 Page 2 of 4 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Conditions of Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby approves a five (5) foot setback variance, reducing the required setback from five (5) feet to zero (0) feet, pursuant to the following conditions: 1. The footprint for which improvements may be located now and in the future is depicted in Exhibit A of this memo. a. Improvements located within the setback shall be limited to those required for the basic function of the businesses on the property. No portion of the setback area may be enclosed in manner that increases Floor Area pursuant to Title 26. b. Except for the roof overhang, all other improvements shall not exceed six (6) feet in height as measured from finished grade. c. A minimum of two (2) feet of unobstructed access shall be maintained within the subject area. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability 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. 121 Board of Adjustment Resolution No. XX, Series 2022 Page 3 of 4 APPROVED, by the Board at its meeting on December 1, 2022. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Mike Sear, City Clerk 122 Board of Adjustment Resolution No. XX, Series 2022 Page 4 of 4 Exhibit A | Approved Location For Existing & Future Improvements Key Approved footprint for existing & future improvements 123 Board of Adjustment Resolution No. XX, Series 2022 Page 1 of 2 RESOLUTION NO. XX (SERIES OF 2022) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A SETBACK VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT K AND THE WESTERLY ½ OF LOT L, BLOCK 106, CITY AND TOWNSITE OF ASPEN, PIKTIN COUNTY, COLORADO, COMMONLY KNOWN AS 424 SOUTH SPRING STREET, ASPEN, CO 81611 Parcel ID No: 2737-182-42-002 WHEREAS, the subject property is located within the Neighborhood Commercial (NC) zone district and is improved with a two-story commercial building containing various businesses, WHEREAS, several improvements including but not limited to a trash enclosure, backup generators, storage lockers, and refrigeration equipment currently encroach into the east-side five (5) foot setback of the property, WHEREAS, pursuant to Land Use Code Section 26.575.020.e.5.k, Allowed Projections into Setbacks, heating, air conditioning, and similar mechanical equipment located within a setback may not exceed thirty (30) inches vertically above finished grade and storage sheds, containers, or lockers are prohibited within setbacks; and, WHEREAS, the Community Development Department received an application for 424 S. Spring Street, (the Application) from AMS Enterprises, Inc. c/o Jack Frey, President & Sole Owner (Applicant), represented by John D. LaSalle, attorney, for the following land use review approvals: • Setback Variance: pursuant to Land Use Code Chapter 26.314, to maintain existing and future improvements within the east side setback for the function of adjacent businesses; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – September 19, 2022, as applicable to this Project; and, WHEREAS, during a duly noticed public hearing on December 1, 2022, the Board of Adjustment reviewed the Application and approved Resolution XX, Series of 2022, by a XX to XX vote (X-X), denying the request for a Dimensional Variance Review, as identified herein. 124 Board of Adjustment Resolution No. XX, Series 2022 Page 2 of 2 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Conditions of Denial Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby denies an eastern-side variance to reduce the setback from five (5) feet to zero (0) feet. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability 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. APPROVED, by the Board at its meeting on December 1, 2022. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Andrew Sandler, Chair Attest: _______________________________ Mike Sear, City Clerk 125 Exhibit A –Variance Review Staff Findings Page | 1 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. Staff Findings: The purpose of the City’s land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations of property owners. In this instance an existing-nonconforming commercial building was developed back in the 1960s, well before current code requirements. Much of the building encroaches into setbacks, leaving little to no room to accommodate the equipment needed for the basic function of the busine sses inside the building. It is reasonable to vary setback requirements so that the equipment and associated improvements may be placed onsite to ensure the businesses may continue to function. Staff finds this criterion to be met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Staff Findings: Because of the non-conforming nature of the existing building, there is limited space to accommodate the subject improvements. The eastern side of the building appears to be the best option available. This side of the property is located behind the building and out of the view of the public. Five feet is needed to properly accommodate the equipment and associated improvements. Gr anting a variance to accommodate these improvements will ensure reasonable use of the property as it will allow the existing commercial businesses to continue operations. Staff finds this criterion to be 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. Staff Findings: The existing building was developed over fifty years ago, well before current code requirements. The building encroaches well into the setbacks on all sides of the property. The subject improvements are needed for the basic operations of the businesses inside the building. The existing location of the improvements appears to be the best possible spot on the property given these site-specific constraints. Upon redevelopment of the 126 Exhibit A –Variance Review Staff Findings Page | 2 building, the subject improvements would need to be installed in a location that meets code standards. Staff finds this criterion to be met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Surrounding properties in the Neighborhood Commercial (NC) zone district have been redeveloped within recent years. These properties were required to meet the provisions of the Land Use Code at the time of redevelopment. The subject property has not been developed since the 1960s and does not meet current code. The building footprint encroaches into setbacks on all sides. The equipment that currently exists on the property is required for daily operations of the businesses inside the building. The best possible location for this equipment happens to fall within a setback. When this property is redeveloped in the future, this type of equipment and similar improvements will be required to meet setback standards of the code. Staff finds this criterion to be met. 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156