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AGENDA ASPEN BOARD OF ADJUSTMENT June 1, 2023 4:30 PM, City Council Chambers City Hall - 3rd Floor 427 Rio Grande Place I.ROLL CALL II.COMMENTS III.MINUTES IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #__, Series of 2023 - 782 McSkimming Road - Request for Setback Variance V.B Resolution #__, Series of 2023_258 Roaring Fork Drive - Request for Setback Variance VI.OTHER BUSINESS VII.ADJOURN Final Memo_782 McSkimming Road_Variance.pdf Draft BOA Resolution #____, Series of 2023_with Exhibit A-B_782 McSkimming Road_Setback Variance.pdf Exhibit A_Proposed Site Plan_782 McSkimming Road_Variance.pdf Exhibit B_Review Criteria Staff Findings_782 McSkimming Road_Setback Variance.pdf Exhibit C_Consolidated Application with supplementals_782 McSkimming BoA Application 5-26-2023.pdf Draft Memo_258 Roaring Fork Drive_Variance.pdf Draft BOA Resolution #____, Series of 2023_258 Roaring Fork Drive.pdf Exhibit A_Proposed Site Plan_258 Roaring Fork Drive_Variance.pdf Exhibit B_Review Criteria Staff Findings_258 Roaring Fork Drive_Setback Variance.pdf Exhibit C_258 Roaring Fork Application.pdf 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) 1 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 2 782 McSkimming Road – Dimensional Variance Board of Adjustment Page 1 of 5 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 782 McSkimming Road, Dimensional Variance Review Resolution #____, Series of 2023 MEETING DATE: June 1, 2023 APPLICANT: Daniel Baker; Red Table LLC; 1312 17th Street, Suite 543, Denver, CO 80202 REPRESENTATIVE: Chris Bendon, BendonAdams, 300 S. Spring Street #202, Aspen, CO 81611 LOCATION: 782 McSkimming Road, Legally Described as: Lot 12, Block 3, Aspen Grove Subdivision, According to the plat thereof recorded September 3, 1963 in Plat Book 2A at Page 291 as reception No. 116127, County of Pitkin, State of Colorado. PID#273717201002 CURRENT ZONING AND USE: 782 McSkimming Road is located within the R-15B zone district and is developed with a single-family residence. Lot Size: 24,467 square feet SUMMARY OF REQUEST: The Applicant requests a front yard dimensional setback variance from the minimum required in the R-15(B) zone district to accommodate construction of a new single-family residence. STAFF RECOMMENDATION: Staff recommends the BOA make a finding that a hardship does exists on the subject property and approve the variance request for the construction of a new single-family residence. FIGURE 1: SUBJECT PROPERTY LOCATION REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the minimum setback requirements in the R-15B zone district (The Board of Adjustment is the final review authority). 3 782 McSkimming Road– Dimensional Variance Board of Adjustment Page 2 of 5 BACKGROUND AND EXISTING CONDITIONS: 782 McSkimming Road is identified as Lot 12, Block 3, Aspen Grove Subdivision. The property is currently developed with a 2-story single-family residence. The subject property received a demolition allotment pursuant to Land Use Code Section 26.580. Demolition. The applicant proposes demolition of the existing single-family residence and construction of a new single-family residence. The construction of the new single-family residence requires a front yard setback variance to mitigate driveway slope and situate the residence further down on the property. The applicant also wishes to amend the existing water line easement. The proposed residences location has been altered to accommodate the expanded water line easement. Figure 2: Current Conditions R-15(B) ZONE DISTRICT: The R-15(B) zone district requires the following minimum setbacks for a 15,430 square foot lot: • Front Yard Setback: 30’ • Side Yard Setback: 5’ • Rear Yard Setback: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’ REQUEST: The Applicant requests approval for a dimensional setback variance for this lot to accommodate construction of a proposed new single-family residence. Specifically, the following variances are requested: 782 McSkimming Road Setback Variances: • Front Yard Setback: 15’ (where 30’ is required). 4 782 McSkimming Road– Dimensional Variance Board of Adjustment Page 3 of 5 Figure 3: Proposed site plan Figure 4: Proposed site plan with house situated downhill 5 782 McSkimming Road– Dimensional Variance Board of Adjustment Page 4 of 5 REVIEWS SETBACK VARIANCE: The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or pract ically all, reasonable use of a property is made impossible by development regulations, the City is able to grant a variance to avoid a “regulatory taking”. The property owner must demonstrate that their rights, as compared with owners of similar properties, have been deprived. In considering these criteria, the Board of Adjustment must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. STAFF COMMENTS Staff responses to the Variance review criteria can be found in Exhibit A. Generally, properties in the R- 15B zone district are subject to steep slopes, 782 McSkimming Road is no exception. The applicant asserts that “A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District…”. In fact, a variance request is the opposite of consistent with the purpose of the zone district. The zone districts section of the Land Use Code lay out t he dimensional limitations of a zone district. Any variance from those set dimensional limitations contrasts with the purpose of that zone district. While the requested variance from established setback regulations is not generally consistent with the Zone District section of the Land Use Code (26.710.070. Moderate Density Residential R-15B) it does further the purposes, goals, objectives and policies of the 8040 Greenline Review section of the Land Use Code (26.435.030. 8040 Greenline Review). 8040 Greenline Review is not applicable to properties in the R-15B zone district. However, the requested variance would honor the general principles and objectives found in the 8040 Greenline Review section and what is applied to properties that accommodate this steep of slopes in other zone districts. Specifically, siting a development further down the slope on a property allows for a more natural layout with less grading into the hillside. Additionally, the site design would allow for reduced grading to minimize disturbance to the terrain, vegetation and natural land features. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Additionally, site access is a concern. This is also addressed in the 8040 Greenline Review standards requiring adequate ingress and egress for adequate access to fire protection and snow removal equipment. Adequate site access is a reasonable expectation for property owners in the City of Aspen and lack of adequate site access/access for emergency services is a hardship. Without a variance, the driveway slope would be approximately 32%. This is not reasonable access and would not be acceptable or approvable for emergency services. Approving the variance allows for an approximately 15% driveway slope. This would allow for safer daily access as well as the ability for construction vehicles and other services to access the site in a more practical manner. The applicant suggests that the variance is the minimum needed to construct the residence in a way that does not push the development further up the hillside. Staff agrees with this assertion. A 15 ft. setback would be the minimum needed to situate this house and driveway on the parcel in a way that would be reasonable and satisfy the intent of parts of the Land Use Code. The 15 ft. setback would be in addition to the 15 ft. Right of Way setback so the house would sit 30 ft. away from property line. Additionally, staff feels that the variance request is reasonable and denying the variance request would cause the applicant unnecessary hardship. REFERRAL AGENCIES Staff referred this request to the Engineering Department for a cursory review of the proposed residence. Engineering states that the proposed driveway must meet width, grade, and other driveway requirements laid out in the Engineering Standards. Additionally, all proposed retaining walls over 4 ft. will need to be 6 782 McSkimming Road– Dimensional Variance Board of Adjustment Page 5 of 5 stamped by a Structural Engineer. The Engineering team will work with the application on the widened water line easement. Staff also referred the application to the City Parks Department. Parks had no comments on the proposal. RECOMMENDATION: Staff finds that this application reflects a hardship and warrants the grant of a variance. Staff recommends that the BOA make a finding that a hardship does exist on the property and pass a motion to approve the request. ALTERNATIVE: The BOA may want to make a finding that a hardship does not exist on the property and pass a motion to deny the approval. Should the BOA find a hardship does not exist on the property, a potential motion should reflect property-specific findings. PROPOSED MOTION (All motions are proposed in the affirmative): 1) “I move to approve BOA Resolution #_____, Series 2023 and find that a hardship exists on the property.”” (This reflects Staff’s recommendation) Or, in the alternative: 2) “I move to approve the denial of BOA Resolution #_____, Series 2023.” ATTACHMENTS: Draft BOA Resolution #_____, Series 2023 Exhibit A – Proposed Site Plan Exhibit B – Variance Review Criteria, Staff Findings Exhibit C – Application 7 782 McSkimming Road BOA Resolution #____, Series 2023 Page 1 of 5 RESOLUTION #___ (SERIES OF 2023) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY COMMONLY KNOWN AS 782 MCSKIMMING ROAD, LEGALLY DESCRIBED AS: LOT 12, BLOCK 3, ASPEN GROVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1963 IN PLAT BOOK 2A AT PAGE 291 AS RECEPTION NO. 116127, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No: 273717201002 WHEREAS, the Community Development Department received an application for 782 McSkimming Road, (the Application) from Daniel Baker; Red Table Initial LLC. (Applicant), represented by Chris Bendon, BendonAdams, for the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, the subject property is within the R-15B zone district is 24,467 square feet in size, and requires compliance with the following minimum setback dimensions: • Front Yard: 30’ • Side Yard: 5’ • Rear Yard: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’ WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – January 13, 2023, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on June 1, 2023; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant a front yard setback variance; and, WHEREAS, during a duly noticed public hearing on June 1, 2023, the Board of Adjustment approved Resolution #____, Series of 2023, by a ____ to ___ (_-_) vote, granting approval for Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Variance: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site plan and renderings: 782 McSkimming Road • Front Yard Setback: 15’ for construction of a single-family residence (where 30’ is required). No other development other than grading as represented shall be permitted within established R-15B setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. Section 2 Referral Departments: 8 782 McSkimming Road BOA Resolution #____, Series 2023 Page 2 of 5 Prior to construction of the new single-family residence, the Applicant shall apply for the appropriate building permits. All calculations will be further reviewed at time of building permit submittal. The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. The driveway shall meet width, grade, and other driveway requirements laid out in the Engineering Standards. All proposed retaining walls over 4’ need to be stamped by a Structural Engineer. The applicant shall work with the Engineering Department and Water Distribution team on the application of the widened water line easement and shall conform will all current AWWA and CDPHE standards (see Exhibit B – Engineering Department Memo). This includes but is not limited to the following: 1. The applicant shall ensure that all appropriate parties give written approval for the abandonment of the utility easement. 2. The applicant shall coordinate with the Water Distribution team about the proposed grading within the water utility easement. 3. No other development besides the driveway shall be permitted within the water utility easement. Section 3 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, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4 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 5 Expiration: Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date of the approval unless development has commenced as illustrated by the submission of a building permit or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not vested, and will not receive a Development Order. Section 6 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. FINALLY, approved this 1st day of June, 2023. Approved as to form: Approved as to content: __________________________ ______________________________ Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair Attest: _______________________________ Mike Sear, Deputy City Clerk 9 782 McSkimming Road BOA Resolution #____, Series 2023 Page 3 of 5 Exhibits: Exhibit A: Approved Site Plan and Renderings Exhibit B: Engineering Department Memo 10 782 McSkimming Road BOA Resolution #____, Series 2023 Page 4 of 5 Exhibit A: Approved Site Plan and Renderings 11 782 McSkimming Road BOA Resolution #____, Series 2023 Page 5 of 5 Exhibit B: Engineering Department Memo 12 Board of Adjustment 782 McSkimming Road – Dimensional Variances Page 1 of 2 Exhibit A – Proposed Site Plan 13 Board of Adjustment 782 McSkimming Road – Dimensional Variances Page 2 of 2 14 Board of Adjustment 782 McSkimming Road Dimensional Variances – Review Criteria Page 1 of 4 Exhibit B –Variance Review Staff Findings Chapter 26.314, Variance Summary of Review Criteria for Section 26.314.040, Standards Applicable to Variances 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and MET 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and MET 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or 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. MET Dimensional 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: 15 Board of Adjustment 782 McSkimming Road Dimensional Variances – Review Criteria Page 2 of 4 A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: The purpose statement of the Land Use Code, and the general goal of dimensional requirements, are to establish and enforce clear and consistent regulations to regulate the impacts of development on the neighbors, environment, and City. The dimensional requirements are consistently applied to development in town, unless circumstances exist that prevent an applicant from complying, or literal interpretation of the code would cause hardship. Generally, properties in the R-15B zone district are subject to steep slopes, 782 McSkimming Road is no exception. The applicant asserts that “A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District…”. In fact, a variance request is the opposite of consistent with the purpose of the zone district. The zone districts section of the Land Use Code lay out the dimensional limitations of a zone district. Any variance from those set dimensional limitations contrasts with the purpose of that zone district. While the requested variance from established setback regulations is not generally consistent with the Zone District section of the Land Use Code (26.710.070. Moderate Density Residential R-15B) it does further the purposes, goals, objectives and policies of the 8040 Greenline Review section of the Land Use Code (26.435.030. 8040 Greenline Review). 8040 Greenline Review is not applicable to properties in the R-15B zone district. However, the requested variance would honor the general principles and objectives found in the 8040 Greenline Review section and what is applied to properties that accommodate this steep of slopes in other zone districts. Specifically, siting a development further down the slope on a property allows for a more natural layout with less grading into the hillside. Additionally, the site design would allow for reduced grading to minimize disturbance to the terrain, vegetation and natural land features. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Additionally, site access is a concern. This is also addressed in the 8040 Greenline Review standards requiring adequate ingress and egress for adequate access to fire protection and snow removal equipment. Adequate site access is a reasonable expectation for property owners in the City of Aspen and lack of adequate site access/access for emergency services is a hardship. Without a variance, the driveway slope would be approximately 32%. This is not reasonable access and would not be acceptable or approvable for emergency services. Approving the variance allows for an approximately 16 Board of Adjustment 782 McSkimming Road Dimensional Variances – Review Criteria Page 3 of 4 15% driveway slope. This would allow for safer daily access as well as the ability for construction vehicles and other services to access the site in a more practical manner. 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; and Staff Findings: While reasonable use of the parcel exists today with the existing residence, the existing residence is set to be demolished. Reasonable use of the parcel will be satisfied by the construction of a new single-family residence. The applicant states that the variance requested is the minimum variance needed to make possible the reasonable use of the parcel. The variance is the minimum needed to construct the residence in a way that does not push the development further up the hillside. Staff agrees with this assertion. A 15 ft. setback would be the minimum needed to situate this house and driveway on the parcel in a way that would be reasonable and satisfy the intent of parts of the Land Use Code. The 15 ft. setback would be in addition to the 15 ft. Right of Way setback so the house would sit 30 ft. away from property line. Staff finds the criteria 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; or Staff Findings: While many properties in R-15B are subject to the presence of steep slopes on their properties, special circumstances are unique to this parcel. Specifically, the driveway slope in addition to the steep slopes of the property presents a compelling argument that this lot has special conditions that are unique to this parcel and do not result from the actions of the applicant. A reasonable expectation for a property owner in the City of Aspen is that they will have adequate site access and access for emergency services should the need arise. Staff feels that the variance request is reasonable and denying the variance request would cause the applicant unnecessary hardship. Staff finds this criterion to be met. 17 Board of Adjustment 782 McSkimming Road Dimensional Variances – Review Criteria Page 4 of 4 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: Staff finds that should City Council find that a hardship exists, property-specific findings should be made so that special privilege is not conveyed with the grant of setback and heigh variances. Staff finds this criterion to be met. 18 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM December 16, 2022 Garrett Larimer City of Aspen 457 Rio Grande Place Aspen, CO 81611 RE: 782 McSkimming Road – Lot 12, Block 3, Aspen Grove Subdivision Request for Front Yard Setback Variance Mr. Larimer: Please accept this application requesting a variance from the front yard setback requirements applicable to 782 McSkimming Road. The property is at the top of the Aspen Grove Subdivision and the topography becomes increasingly steep. Conformance with the 30-foot front yard setback requirement would result in the new home being “perched” above neighboring properties and a driveway of approximately 32 percent slope. The picture above shows the existing driveway to the 782 property from the cul-de-sac Setback variances are requested to enable a new home to be built lower on the hillside, to develop a driveway with reasonable slopes, and to recognize existing and planned grading and slope retention exceeding 30 inches within the front yard. The applicant also requests that the property, upon receiving the requested variances, be considered conforming. The map to the right shows the location of the 782 property along McSkimming Road 19 782 McSkimming Road Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The Aspen Grove Subdivision was platted in Pitkin County in June 1963. McSkimming Road winds up the mountainside from State Highway 82 and terminates at a cul-de-sac. Lot 12, the subject property, is at this terminus. A private road continues to the west from the cul-de-sac and serves Lots 13, 14, and 15. The map to the right shows McSkimming Road extended from the cul-de-sac to access Lots 13, 14, and 15 The 782 property boundary extends to the centerline of this private road. However, the City currently measures the setback from the edge of the right-of- way, not the property line. The diagram to the right shows the property boundary and the edge of the extended private road 20 782 McSkimming Road Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM A utility easement courses across the property near the area to be developed. A letter from High Country Engineering finds that there are no utilities located in this area and indicates the ability to vacate this easement. The map the right shows the utility easement area requested to be vacated Along the eastern side of the property is a City of Aspen water line and easement. The water line serves a municipal water tank that is further uphill and outside of this property. The easement is 15 feet wide, split 7.5 feet on either side of the eastern property boundary. The water line is not located in the center of this easement. The survey shows the as- built location of the line lying into the 782 property by a few feet. The City Utility and Engineering departments have stated a desire to obtain a wider easement. The maps to the right show the current water line easement (above) and the proposed water line easement (below) Although the easement is of record and the owner has no obligation to provide an expanded easement to the City, the applicant is amenable to providing an expanded easement to accommodate the placement of the water line. 21 782 McSkimming Road Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The application proposes an easement extending from the eastern lot line to a line 15 feet west of the current water line position. The applicant reserves the right to review and accept appropriate easement terms. The design of the proposed home has been altered to accommodate this additional swath of land. The front yard setback requirement is 30 feet. Measuring this setback from the edge of the private road instead of the centerline adds 15 feet for a total of 45 feet from the property boundary. The 782 property is 24,467 square feet and is currently developed as a single- family residence. The residence is authorized for demolition having received one of the limited annual demolition allotments (demo approval attached). 782 McSkimming R-15 B Front Yard Requirement 30 feet Requested Front Yard Allowance 15 feet The Aspen Grove Subdivision was annexed into the City of Aspen in 1987 and is zoned R-15B. This “B” Zone provides a lower floor area than the R-15 Zone District but does not allow duplexes. In addition, development in the R-15B district is not subject to “slope reduction”, 8040 Greenline Review, or the City’s Residential Design Standards. In 2010, the City of Aspen amended the “Calculations and Measurements” section of the Land Use Code.1 The amendment changed the way in which setbacks are measured along a private road when property lines extend into the roadway. The 30-foot front yard measurement for the 782 McSkimming property is now measured from the edge of the private roadway, not the property line. On many properties, this may not make much difference. On the 782 property, the increased setback pushes the development up the steep hillside, creating a hardship. The development would be much more visible, out of context with the surrounding properties, and not accessible by a car or construction vehicles. This impairs the property with a restriction unlike any other property in Aspen. 1 Ordinance 27, Series 2010 22 782 McSkimming Road Page 5 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Placement of development without variance (above) and height of development without variance (below) Placement of development with variance (above) and height of development with variance (below) Shown in the diagram to the right, the front yard setback allows a 9-foot reduction in height of the development relative to surrounding properties. 23 782 McSkimming Road Page 6 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The driveway slope is also an issue. Without a variance, the driveway slope would be approximately 32%. For context, Lombard Street in San Francisco, famous for its steepness and multiple switchbacks, has a 27% gradient. The variance would allow the home to be closer to the street and lower on the hillside with a 12% gradient driveway. The graphic to the right shows the driveway profile with and without the variance The proposed solution is a reasonable outcome and respectful of the neighborhood conditions. The applicant is not wanting to push the development higher on the property. While views may improve, the home would look “perched” and oddly out of character with the surrounding development. The applicant also requests the ability to develop within the setback with structures and/or grading exceeding 30 inches. Existing retaining walls already exceed this standard and the design team expects grading, soil retention, and cut/fill areas associated with the driveway will require development to exceed this 30-inch rule. This request for a front yard setback variance is submitted on behalf of the property owner Red Table Initial LLC, a Colorado limited liability company. Daniel and Jennifer Baker are the individuals within the LLC. BendonAdams is authorized to submit this application and represent the interests of Red Table Initial before the City of Aspen. We look forward to your review and will make ourselves available for any questions or concerns you have. We can also arrange a site visit at your request. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1. Review criteria 2. Application form 3. Agreement to pay 4. HOA form 5. Authorization to Represent 6. Proof of Ownership 7. Pre-App summary 8. High Country Engineering letter, 11.2.21 9. Demolition approval 10. Survey and architectural plans 24 Exhibit 1 Review Criteria page 1 Response to Review Standards: Section 26.314.040.A – In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code. Response – Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” The 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. A variance to required setbacks to enable the development of a home on this property is consistent with the purpose of the Zone District (both the R-15 and R-30 Zones) 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Response – The application proposes a home that would be situated where originally expected when the neighborhood was originally established. The 782 McSkimming property is part of the 1963 Aspen Grove Subdivision – Lot 12. The parcel is located at the top-most part of the subdivision, at the cul-de-sac at the end of McSkimming Road. The neighborhood is comprised of steep lots. The lots at the “top” of the subdivision become exceptionally steep with only the bottom portion of each lot being practical for locating development. The images to the right show the top portion of the Aspen Grove Subdivision with Lot 12 highlighted. 25 Exhibit 1 Review Criteria page 2 The upper portion of the lot extends up the side of Smuggler Mountain McSkimming Road is a dedicated public right-of-way. Extending westward from the cul-de-sac is a private road serving Lots 13, 14, and 15. These lots extend to the centerline of the private drive, as is typical for private roadways. The image to the right shows the cul-de-sac terminus of McSkimming Road and the private drive extending to the west In 2010, the City of Aspen amended the “Calculations and Measurements” section of the Land Use Code.1 The amendment changed the way in which setbacks are measured along a private road when property lines extend into the roadway. The 30-foot front yard measurement for the 782 McSkimming property is now measured from the edge of the private roadway, not the property line. 1 Ordinance 27, Series 2010 26 Exhibit 1 Review Criteria page 3 Placement of development without variance (above) and height of development without variance (below) Placement of development with variance (above) and height of development with variance (below) On many properties, this may not make much difference. On the 782 property however, the increased setback pushes the development up the hillside, creating a hardship. The development would be much more visible, out of context with the surrounding properties, and not accessible with a car or construction vehicles. This impairs the property with a restriction unlike any other property in Aspen. The image to the right shows the profile of the development with and without the variance The proposed solution is a reasonable outcome and respectful of the neighborhood conditions. It will enable reasonable use of the property. The applicant is not wanting to push the development higher on the property. While views may improve, the home would look “perched” and oddly out of character with the surrounding development. 27 Exhibit 1 Review Criteria page 4 The applicant has taken special care to design the home and to request setbacks which are the minimum necessary to make reasonable use of the property. The home will accommodate the owner’s needs and fulfill the development rights expected in the zone district. The requested setbacks will not allow excessive development or provide a development right exceeding that commonly provided in the R-15B zone. The proposed setbacks have been arranged to be the minimum necessary for the property to be developed. The architectural renderings and layouts are provided as informational items and not as limitation. The applicant may decide to change the architecture or layouts in ways that do not conflict with city zoning, city development standards, or any variances granted by the Board of Adjustment. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. b) Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Response – Literal enforcement of this 30-foot front yard requirement, measured from the edge of the private drive, forces the home to be developed up the hillside and only accessible with a 32% slope driveway. A driveway of this slope is completely impractical and violates maximum slope allowances for local emergency service providers. The fire department and the local ambulance will only accept driveway grades of 12% or less. Everyday use will be impractical and subject to losing vehicle control. Simple services, like getting carpets cleaned, will not be allowed due to the steepness of the driveway. In addition, typical construction vehicles will not be able to access the site, making for elaborate and expensive construction. Literal enforcement will negate reasonable use of this parcel, would cause the applicant unnecessary hardship, and would deprive the applicant of property rights commonly enjoyed by other owners in the R-15B zone district. The steepness of the site and the change in the way setbacks are measured from a private drive are unique to this site. Enabling the property to develop, by granting the requested variance, will enable the applicant to enjoy development rights in-line with those of neighboring parcels in the R-15B zone district. 28 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 2737-172-01-002 782 McSkimming Road, BoA Variance Red Table Initial LLC, a Colorado limited liability Company 1312 17th Street, Suite 543; Denver, CO 80202 713-857-3158 dbaker@cuckoo.com BendonAdams 300 So Spring St. #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com Existing signle-family home proposed for redevelopment. Front yard setback variance requested. Variance na na 1, existing 0 na x x x x 3,250 Exhibit 2 29 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name:Representative Name (if different from Property Owner) Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: BendonAdams 782 McSkimming Road Red Table Initial LLC a Colorado limited liability company Billing Name and Address - Send Bills to: Daniel Baker; Red Table Initial LLC; 1312 17th Street, Suite 543; Denver, CO 80202 dbaker@cuckoo.com 970-315-2682 Daniel Baker Member, Red Table Initial LLC a Colorado limited liability company 975 Parks 1,950 6 325 1 Exhibit 3 30 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: Daniel Baker, Manager Red Table Initial LLC, a Colorado limited liability company By: WAPP Manager, LLC Its: Manager dbaker@cuckoo.com 970-315-2682 782 McSkimming Road Aspen, CO 81611 Daniel Baker, Manager Red Table Initial LLC, a Colorado limited liability company By: WAPP Manager, LLC Its: Manager 7/22/2022 31 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM July 19, 2022 Amy Simon Planning Director City of Aspen 130 So. Galena Street Aspen, Colorado 81611 RE: 782 McSkimming Road; Aspen, CO Ms. Simon: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 782 McSkimming Road 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 – 782 McSkimming Road; Aspen, CO 81611 Legal Description – Lot 12; Block 3; Aspen Grove Subdivision Parcel ID – 2737-172-01-002 Owner – Red Table Initial LLC, a Colorado limited liability Company Kind Regards, Daniel A. Baker, Manager Red Table Initial LLC, a Colorado limited liability Company By: WAPP Manager, LLC Its: Manager 1312 17th Street, Suite 543 Denver, CO 80202 dbaker@cuckoo.com 713-857-3158 32 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62013594-3 Date: 07/07/2022 Property Address:782 MCSKIMMING RD, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner RED TABLE INITIAL LLC Delivered via: No Commitment Delivery BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 Aspen, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail 33 Land Title Guarantee Company Estimate of Title Fees Order Number:Q62013594-3 Date: 07/07/2022 Property Address:782 MCSKIMMING RD, ASPEN, CO 81611 Parties:TO BE DETERMINED RED TABLE INITIAL LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 TBD - TBD Income $-217.00 Total $0.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 09/30/2019 under reception no. 659104 Pitkin county recorded 09/30/2019 under reception no. 659106 Plat Map(s): Pitkin county recorded 09/03/1963 at book 2 page 291 34 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 782 MCSKIMMING RD, ASPEN, CO 81611 1.Effective Date: 06/24/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: RED TABLE INITIAL LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT 12, BLOCK 3, ASPEN GROVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1963 IN PLAT BOOK 2A AT PAGE 291 AS RECEPTION NO. 116127, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62013594-3 35 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62013594-3 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 36 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.ANY VEIN OR LODE OF QUARTZ, OR OTHER ROCK IN PLACE BEARING GOLD, SILVER, CINNABAR, LEAD, TIN, COPPER OR OTHER VALUABLE DEPOSITS CLAIMED OR KNOWN TO EXIST, AS RESERVED IN THE UNITED STATES PATENT RECORDED JUNE 17, 1949 IN BOOK 175 AT PAGE 243. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949, IN BOOK 175 AT PAGE 243. 10.EASEMENTS, RIGHTS OF WAY, AND ALL MATTERS SHOWN ON THE PLAT RECORDED SEPTEMBER 3, 1963 IN PLAT BOOK 2A AT PAGE 291 AS RECEPTION NO 116127. 11.TERMS, CONDITIONS, PROVISIONS, RESTRICTIONS AND ALL MATTERS AS SET FORTH IN RESTRICTIVE COVENANTS FOR ASPEN GROVE SUBDIVISION NOVEMBER 12, 1963 IN BOOK 204 AT PAGE 566 AND NOTICE OF DECLARATION RECORDED NOVEMBER 29, 1989 IN BOOK 608 AT PAGE 646. 12.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 28, SERIES OF 1987 RECORDED JULY 22, 1987 IN BOOK 541 AT PAGE 979. 13.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ANNEXATION OF ASPEN GROVE, EASTWOOD AND KNOLLWOOD SUBDIVISIONS RECORDED JULY 22, 1987 IN BOOK 19 AT PAGE 97. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013594-3 37 14.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 26, SERIES OF 1987 RECORDED OCTOBER 01, 1987 IN BOOK 547 AT PAGE 191. 15.TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL EASEMENT AGREEMENT COMMON DRIVEWAY RECORDED MAY 07, 1990 IN BOOK 619 AT PAGE 919 AS RECEPTION NO. 322375. 16.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF WITHDRAWAL OF CONSENT AND RATIFICATION OF THE DECLARATION OF PROTECTIVE COVENANTS OF ASPEN GROVE SUBDIVISION RECORDED AUGUST 02, 2004 UNDER RECEPTION NO. 500361. 17.TERMS, CONDITIONS, PROVISIONS, RESTRICTIONS AND ALL MATTERS AS SET FORTH IN DECLARATION OF RESTRICTIVE COVENANTS RECORDED JANUARY 15, 2008 AT RECEPTION NO. 545865 AND RE-RECORDED SEPTEMBER 21, 2009 AT RECEPTION NO. 562911. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013594-3 38 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 39 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 40 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 41 Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 42 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 43 STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) 1.This Statement of Authority relates to an entity1 named 2. The type of entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity is formed under the laws of 4. The mailing address for the entity is 5. The name position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is 6.The authority of the foregoing person(s) to bind the entity: is2not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8.This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S.3 9. The Statement of Authority amends and supercedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this day of , State of ) ) ss County of ) The foregoing Statement of Authority was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public Colorado 1312 17th Street, Suite 543, Denver, CO 80202 Daniel A. Baker Red Table Initial, LLC RED TABLE INITIAL, LLC, a Colorado limited liability company By: WAPP Manager, LLC Its: Manager 2022August5th By: Daniel A. Baker, Manager 5th August 2022 06/07/2025 Texas Bell Daniel Abraham Baker Notarized online using audio-video communication 44 STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) 1.This Statement of Authority relates to an entity1 named 2. The type of entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity is formed under the laws of 4. The mailing address for the entity is 5. The name position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is 6.The authority of the foregoing person(s) to bind the entity: is2not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8.This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S.3 9. The Statement of Authority amends and supercedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this day of , State of ) ) ss County of ) The foregoing Statement of Authority was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public Delaware 1209 Orange Street, Wilmington, DE 19801 Daniel A. Baker WAPP Manager, LLC WAPP MANAGER, LLC By: Daniel A. Baker, Manager 2022August5th August 5th 2022 Texas Bell Daniel Abraham Baker Notarized online using audio-video communication 06/07/2025 45 1 Exhibit 7 46 2 • • • 47 3 48 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 Telephone 970.945.2555 Fax www.hceng.com Land Surveying Civil Engineering November 2, 2021 Mike Hamberg Poss Architecture 605 E. Main Street Aspen, CO 81611 E-mail: mhamberg@billposs.com Re: Engineering Opinion Regarding Easement Vacation for Lot 12, Block 3 of the Aspen Grove Subdivision (Document 116127) in Aspen, Colorado HCE Project No. 2211063.00 Dear Mike: In respect to the property noted above (782 McSkimming Road), I have reviewed the two documents which you provided regarding the utility easement that is located on Lot 12, Block 3, Aspen Grove Subdivision. The two documents reviewed include the Plat (referenced above) and an Improvement Survey, completed by Tuttle Surveying Services, dated 10/19/2021. You have asked High Country Engineering, Inc. (HCE) to render an opinion on the potential use of an existing easement so that the current landowner can ask the City of Aspen to abandon the "subject" easement, which can be seen on Figure 1 (clip from Improvement Survey referenced above), on the following page shaded green. Another easement adjacent to the "subject" easement on Lot 12 follows the southerly boundary from the eastern boundary line to the McSkimming Road cul-de-sac (see Figure 1, blue shading). My review is based on the provided documents as well as local knowledge of the area. I have also considered what the apparent use of the adjacent easements are and what the anticipated use of the "subject" easement was expected to be, based on the utilities that are located within the easements. I also considered what the potential for the "subject" easement is for future utility corridors. Currently, it appears that the only utility utilizing any of the easements on Lot 12 is a City of Aspen water main. This main is not located in the "subject" easement. There is also a private sewer service line (shown on Figure 2), that provides Lot 12 with a sewer connection to the Aspen Sanitation District. This line is a private service for Lot 12 and does not require a utility easement. In 2019, roadway improvements on McSkimming Road were constructed adjacent to Lot 12 that shows the locations of utilities in the vicinity of Lot 12. Figure 2 on the following page is an excerpt from these plans with the additional waterline information from the Tuttle Improvement Survey. Exhibit 8 49 782 McSkimming Road Easement Vacation Evaluation November 2, 2021 Page 2 Figure 1: Clip from Tuttle Improvement Survey - (Green - "Subject" Easement; Blue - Additional Existing Easement; Magenta - Water Outside Easement Location) Figure 2: Lots 14 and 15 Mcskimming Road Permit Documents, Dated 10-25-18 with Added Waterline Information and Shading 50 782 McSkimming Road Easement Vacation Evaluation November 2, 2021 Page 3 Reviewing Google imagery, it can be seen that there appears to be a water tank above this property. The easements were likely intended to provide options for the waterline to go from the tank to Mcskimming Road. The blue line added to Figure 2 shows the existing waterline going down the easterly easement on Lot 12 into the Mcskimming cul-de-sac, then northwesterly down the road improvements and eventually connects back into McSkimming Road. A picture of where the "subject" easement intersects McSkimming Road is shown on Figure 3 just above the retaining wall. Currently the water main utilized the Lot 12 driveway and the shown roadway in Figure 3. If the “subject” easement would be utilized for the water main the location is shown in green on Figure 3 and would impact the retaining wall shown for the roadway. Figure 3 Based on the above information, the "subject" easement likely has minimal benefit for future use for the City of Aspen. The location appears to only benefit the Water Department for the water tank waterline connection. This connection is currently made via the the easement that goes to the cul-de-sac and then each direction up and down McSkimming Road. Figure 1 shows a magenta colored area that depicts a location that the existing waterline departs from the existing easement on Lot 12. Widening of the lower portion of this easement would perhaps offset the abandoning of the "subject" easement so that the existing easement would cover the existing waterline and provide additional space to maintain the line. 51 782 McSkimming Road Easement Vacation Evaluation November 2, 2021 Page 4 Please let us know if HCE can be of further assistance. Sincerely, HIGH COUNTRY ENGINEERING, INC. Roger Neal, P.E. Principal 52 June 14, 2022 Daniel A. Baker C/O Roger Neal High Country Engineering 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 No Reservations/No Objection SUBJECT: Request for relinquishment of 15’ public utility easement running west from the eastern property line of Lot 12 Block 3, Aspen Grove subdivision, Aspen, Pitkin County, Colorado. SITUS ADDRESS: 782 McSkimming Rd, Aspen Colorado To Whom It May Concern: Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the subject vacation and has determined that it has no objections with respect to the areas proposed for vacation as shown and/or described on Exhibit “A”, said Exhibit “A” attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. Sincerely yours, Diane Willatto Network Infrastructure Services CenturyLink P841191 Exhibit 8.1 53 EXHIBIT “A” PROPOSED VACATE AREA (GREEN) 54 Exhibit 9 55 IMPROVEMENT SURVEY PLAT Lot 12, Block 3 Aspen Grove Subdivision According to the plat recorded Document 116127 in Ditch Book 2A at Page 291, County of Pitkin, State of Colorado. VICINITY MAP SCALE: 1" = 1000'Highway 82 Site Aspen Overall Lot 12 MAP SCALE: 1" = 40' Exhibit 10 56 NOV. 1718.6%WL WL WL WL WLWLFIFTEEN FOOT WATER LINE SETBACK WATER LINE 15' -0 " 1 5 ' - 0 "15'-0"8'-9 9/16"15'-0"15'-0"APPROX 15 %SLOPEJUNE 15,2022 SITE SECTION 5 AUTO COURT EL.= 8301 57 BAKER RESIDENCE 782 McSkimming Road - ASPEN, CO PLAN OVERLAY-15 FT. FRONT YARD SETBACK086 SCALE :1/8"=1'-0" 16 AUG. 20, 2021148OCT. 29DRIVEWAY SECTION PROFILENOV. 1718.6%18.6%WL WL WL WLWLWLFIFTEEN FO OT W AT E R LINE SET B A C K WATER LI N E 1 5 ' - 0 " 15'- 0 "15'-0 " 8'-9 9/ 1 6 "15'-0 "15' -0 "APPROX 15 %SLOPEAUTO C O U RT EL.= 8301 15 N PROFILEJUNE 15,2022SITE SECTI O N 58 18.6%NOV. 17 WL WL WL WL WLWLFIFTEEN FOOT WATER LINE SETBACK WATER LINE 15' -0 " 1 5 ' - 0 "15'-0"8'-9 9/16" AUTO COURT EL.= 8301 15'-0"15'-0"SITE SECTION JUNE 15,2022 59 BAKER RESIDENCE 782 McSkimming Road - ASPEN, CO PLAN OVERLAY-30 FT. FRONT YARD SETBACK086 SCALE :1/8"=1'-0" 16 AUG. 20, 2021148OCT. 29DRIVEWAY SECTION PROFILE18.6%NOV. 17JUNE 15,202218.6%WL WL WL WLWLWLFIFTEEN FO OT W AT E R LINE SETB A C K WATER LI N E 15 ' - 0 " 15'- 0 "15 ' -0 " 8'-9 9/ 1 6 " AUTO C O U RT EL.= 8301 15' -0 "15'-0 "SITE SECTI O N N60 BAKER RESIDENCE 782 McSkimming Road - ASPEN, CO ELEVATIONS086 SCALE :1/8"=1'-0" 16 AUG. 20, 2021148 15'-0"15'-0" AUTO COURT ELEV.= 8298 MAIN LEVEL ELEV.= 8300 LOWER LEVEL ELEV.= 8289 UPPER LEVEL ELEV.= 8312PROPERTY LINERIGHT OF WAYPROPOSED FRONT YARD BUILDING SETBACKENTRY DRIVEWAY SLOPE = 12% BEYOND SHARED DRIVEWAY. ( DRIVEWAY WILL WORK WITH 15 FT. FRONT YARD SETBACK). SITE SECTIONS OCT. 29 SITE SECTION AT 15 FT. FRONT YARD SETBACK SITE SECTION AT 30 FT. FRONT YARD SETBACK AUTO COURT RETAINING WALL REQUIRED 8'-0"30'-0"15'-0"PROPERTY LINERIGHT OF WAYFRONT YARDBUILDING SETBACKAUTO COURT ELEV.= 8307 MAIN LEVEL ELEV.= 8309 LOWER LEVEL ELEV.= 8298 MAIN LEVEL ELEV.= 8321 AUTO COURT 9 FT. HIGHER IN ELEVATION WITH 30 FT. FRONT YARD SETBACK. DRIVEWAY SLOPE REQUIRED = 32% BEYOND SHARED DRIVEWAY (DRIVEWAY WILL NOT WORK WITH 30 FT. FRONT YARD SETBACK). SITE SECTION AT 15 FT. FRONT YARD SETBACK AUTO COURT RETAINING WALL REQUIRED 8'-0"NOV. 17 30'-0" MAIN LEVEL ELEV.= AUTO COURT 9 FT. HIGHER IN ELEVATION WITH 30 FT. FRONT YARD SETBACK. DRIVEWAY SLOPE REQUIRED = 32% BEYOND SHARED DRIVEWAY (DRIVEWAY WILL NOT WORK WITH 30 FT. FRONT YARD SETBACK).8'-0"ENTRY DRIVEWAY SLOPE = 12% BEYOND SHARED DRIVEWAY. ( DRIVEWAY WILL WORK WITH 15 FT. FRONT YARD SETBACK). 5 MAIN LEVEL ELEV.= 8303 AUTO COURT ELEV.= 8301 LOWER LEVEL ELEV.= 8292 UPPER LEVEL ELEV.= 8315 JUNE 15,2022 6 UPPER 61 BAKER RESIDENCE 782 McSkimming Road - ASPEN, CO ELEVATIONS086 SCALE :1/8"=1'-0" 16 AUG. 20, 2021148 UPPER LEVEL ELEV.= 8312 SITE SECTION- BUILDING HEIGHTS OVERLAY NOV. 17 SITE SECTION OVERLAY - 15 FT. VS. 30 FT. FRONT YARD SETBACKS MAIN LEVEL ELEV.= 8300 AUTO COURT ELEV.= 8298PROPERTY LINERIGHT OF WAYPROPOSED 15 ft.FRONTYARD BUILDING SETBACK15'-0"15'-0" LOWER LEVEL ELEV.= 8289 15'-0"30 ft.FRONT YARDBUILDING SETBACKINCREASED BUILDING HEIGHT WITH 30 FT. FRONT YARD BUILDING SETBACK 9'-0"9'-0"BUILDING LOCATION AT PORPOSED 15 FT. FRONT YARD SETBACK BUILDING LOCATION AT 30 FT. FRONT YARD SETBACK (SHOWN IN RED)9'-0"3'-0"21'-0"MAIN LEVEL ELEV.= AUTO COURT 9 FT. HIGHER IN ELEVATION WITH 30 FT. FRONT YARD SETBACK. DRIVEWAY SLOPE REQUIRED = 32% BEYOND SHARED DRIVEWAY (DRIVEWAY WILL NOT WORK WITH 30 FT. FRONT YARD SETBACK).8'-0"LEV.= 8312BUILDING LOCATION AT 30 FT. FRONT YARD SETBACK (SHOWN IN RED) UPPER LEVEL ELEV. =8315 AUTO COURT ELEV. =8301 JUNE 15,20226'-0"6'-0"62 782 McSkimming Road - ASPEN, CO ELEVATIONS086 SCALE :1/8"=1'-0" 16 AUG. 20, 2021148DRIVEWAY SECTIONS NOV.17 DRIVEWAY SECTION - OVERLAY AT 15 FT. AND 30 FT. FRONT YARD SETBACKS AUTO COURT ELEV. AT 15 FT. FRONT YARD SETBACK= 8298 AUTO COURT ELEV. AT 30 FT. FRONT YARD SETBACK= 8307 AUTO COURT ELEV. AT 30 FT. FRONT YARD SETBACK= 8307 AUTO COURT ELEV. AT 15 FT. FRONT YARD SETBACK= 8298 DRIVEWAY SECTION AT 30 FT. FRONT YARD SETBACK DRIVEWAY SECTION AT PROPOSED 15 FT. FRONT YARD SETBACK AUTO COURT AT 30 FT. FRONT YARD SETBACK AUTO COURT AT 15 FT. FRONT YARD SETBACK 32% SLOPE AT NEW DRIVEWAY18.6% EXISTING SHARED DRIVEWAY SLOPE 18.6% EXISTING SHARED DRIVEWAY SLOPE 12% SLOPE AT PROPOSED NEW DRIVEWAY AUTO COURT AUTO COURT BAKER RESIDENCE JUNE 15,2022 5 AUTO COURT ELEV. AT 15 FT. FRONT YARD SETBACK= 8301 AUTO COURT ELEV. AT 15 FT. FRONT YARD SETBACK= 8301 63 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 23, 2023 Jeffrey Barnhill City of Aspen 457 Rio Grande Place Aspen, CO 81611 RE: Application Supplement – 782 McSkimming Road Request for Front Yard Setback Variance Mr. Barnhill: Please accept this supplemental information regarding the front yard variance request for 782 McSkimming Road. The variance request included reference to existing and planned grading and slope retention exceeding 30 inches within the front yard – between the proposed home and the road to the south. You requested more detail regarding the extent of these existing and proposed improvements. Attached to this letter as Exhibit 10.1 are cross sections showing existing and proposed conditions. Portions of the existing driveway remaining in the setback area are proposed to remain. Depending on impacts of construction activity, portions of the driveway may need to be rebuilt but will mimic existing conditions. We also diagrammed installation of a guardrail which does not currently exist. Annotated pictures of existing conditions are including showing on-site improvements and a shared driveway with the neighboring property to the east. We look forward to your review and will make ourselves available for any questions or concerns you have. We can also arrange a site visit at your request. Kind Regards, Chris Bendon, AICP BendonAdams LLC Attachments: 1.Review criteria 2.Application form 3.Agreement to pay 4.HOA form 5.Authorization to Represent 6.Proof of Ownership 7.Pre-App summary 8.High Country Engineering letter, 11.2.21 9.Demolition approval 10.Survey and architectural plans 10.1 Site Sections in Setback 64 829883008301SECTION 1SECTION 2EXISTINGPARKING TOREMAINNEW RETAININGSTRUCTURE ( MAX.HT. 4 FT. IN SETBACK)EXISTING RETAININGWALL STRUCTURE TOREMAINEXISTING RETAININGSTRUCTURE AT SHAREDDRIVEWAY TO REMAINDRIVEWAY PLANSCALE 1 INCH = 10 FT.VIEW 1VIEW 2VIEW 3Exhibit 10.165 4'-0" 4'-0"RETAINING STRUCTURE-4 FT. MAX. HEIGHT IN SETBACK SETBACKSETBACKPROPERTYLINEAREA WITHIN PROPERTY/ NOT IN SETBACK RETAINING STRUCTURE HEIGHT VARIES SETBACK DRIVEWAY SECTION 1 DRIVEWAYEXISTING PARKING 4'-0"EXISTING RETAINING STRUCTURE TO REMAIN EXISTING RETAINING STRUCTURE TO BE REBUILT HEIGHT VARIES (4 FT. MAXIMUM HT.)2'-0"APPROX. 4 FT. AT HIGHEST POINT NEW GUARDRAIL GUARDRAIL 66 EXISTING PARKING STRUCTURE TO REMAIN. APPROX. 5 FT. HEIGHT AT MAXIMUM POINT VIEW 1 EXISTING SHARED DRIVEWAY ENTRY 67 VIEW 2 EXISTING RETAINING STRUCTURE TO REMAIN AT SHARED DRIVEWAY ENTRY NEW DRIVEWAY AND RETAINING WALL STRUCTURE 68 VIEW 3 EXISTING PARKING STRUCTURE TO REMAIN. 69 258 Roaring Fork Drive – Dimensional Variance Board of Adjustment Page 1 of 5 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Jeffrey Barnhill, Zoning Enforcement Officer THRU: Bob Narracci, Zoning Administrator RE: 258 Roaring Fork Drive, Dimensional Variance Review Resolution #____, Series of 2023 MEETING DATE: June 1, 2023 APPLICANT: Susan Okie & Scott Lindenau, 501 Obermeyer Place #104, Aspen, CO 81611 REPRESENTATIVE: Chris Bendon, BendonAdams, 300 S. Spring Street #202, Aspen, CO 81611 LOCATION: 258 Roaring Fork Drive. Lot 26, Eastwood Subdivision, according to the plat thereof filed on June 23, 1969, in Plat Book 4 at Page 4 and Amendment No.1 to the Eastwood Subdivision recorded August 30, 1991 in Plat Book 27 at Page 37, County of Pitkin, State of Colorado. PID#273718120016 CURRENT ZONING AND USE: 258 Roaring Fork Drive is located within the R-15B zone district and is developed with a single-family residence with a covered carport. Lot Size: 15,430 square feet SUMMARY OF REQUEST: The Applicant requests a front yard dimensional setback variance from the minimum required in the R-15(B) zone district to accommodate construction of a detached garage with basement level studio space, and a front yard dimensional setback variance for the height of the associated driveway. STAFF RECOMMENDATION: Staff recommends the BOA make a finding that a hardship does not exist on the subject property and deny the variance requests. FIGURE 1: SUBJECT PROPERTY LOCATION 70 258 Roaring Fork Drive – Dimensional Variance Board of Adjustment Page 2 of 5 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment: • Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the minimum setback requirements in the R-15B zone district (The Board of Adjustment is the final review authority). BACKGROUND AND EXISTING CONDITIONS: 258 Roaring Fork Drive is identified as Lots 26, Eastwood Subdivision, City and Townsite of Aspen, County of Pitkin, State of Colorado. Currently 258 Roaring Fork Drive is developed with a single-family residence with a covered carport. The residence appears to have been built around the mid to late 70s. Figure 2: Current Conditions R-15(B) ZONE DISTRICT: The R-15(B) zone district requires the following minimum setbacks for a 15,430 square foot lot: • Front Yard Setback: 30’ • Side Yard Setback: 5’ • Rear Yard Setback: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’ REQUEST: The Applicant requests approval for a dimensional setback variance for this lot to accommodate construction of a proposed new detached garage with basement level studio space, and a front yard dimensional setback variance for the height of the associated driveway. Specifically, the following variances are requested: 258 Roaring Fork Setback Variances: • Front Yard Driveway Height Setback: 0’ (where 30’ is required). • Front Yard Setback for the Garage Structure: 5’ (where 30’ is required). • Front Yard Setback for the Existing Residence: 19’ for existing residence (where 30’ is required). 71 258 Roaring Fork Drive – Dimensional Variance Board of Adjustment Page 3 of 5 Figure 3: Proposed site plan (garage w/basement level studio space) Figure 4: Existing Residence 72 258 Roaring Fork Drive – Dimensional Variance Board of Adjustment Page 4 of 5 REVIEWS SETBACK VARIANCE: The criteria for receiving a variance (Exhibit A) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or pract ically all, reasonable use of a property is made impossible by development regulations, the City is able to grant a variance to avoid a “regulatory taking”. The property owner must demonstrate that their rights, as compared with owners of similar properties, have been deprived. In considering these criteria, the Board of Adjustment must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. STAFF COMMENTS Staff responses to the Variance review criteria can be found in Exhibit A. In review of the application, Staff is concerned that the application does not show compliance with the applicable variance review criteria, specifically criterion 3. Land Use Code Section 26.314.040.A.3 highlights a distinct difference between causing an Applicant “unnecessary hardship” in contrast to the creation of a “mere inconvenience”. In consideration of this Code language, it should be noted that the property already contains a single-family residence with a covered carport. Denial of the requested setback variance to accommodate the proposed detached garage will not deny the property’s fundamental development rights or cause an unnecessary hardship, though denial may result in an inconvenience to the Applicant. Properties in the R-15B zone district are subject to the presence of steep slopes. Staff is concerned that Land Use Code Section 26.314.040.A.3.a is not satisfied and that a special circumstance or condition does not exist on the property to warrant the finding of a hardship in relation to other properties in the zone district. The requested variance from the established setback regulations is not consistent with the purposes, goals and objectives of the Title and Municipal Code. Specifically, steep slopes persist on many properties in this neighborhood, zone district, and the City of Aspen. The land use code considers steep slopes in calculating a properties allowable floor area and other calculations. This is applied consistently throughout the City of Aspen. Allowing a detached garage in the proposed location would further increase the non-conforming aspects of this property as the existing residence infringes on the front yard setback. It is important to note that if a variance is granted, the variance will not make this property “conforming” as the applicant’s representative has requested. The Board of Adjustment does not have the authority to deem properties “conforming”. Additionally, staff finds that reasonable use of the parcel exists in its current configuration as a single-family residence with a covered carport. A hardship suggests that denying a variance would virtually deprive a property owner of all developable rights on the subject property. Denying the subject variance will not deprive the property owner from the reasonable use of the single-family residence. REFERRAL AGENCIES Staff referred this request to the Engineering Department for a cursory review of the proposed detached garage with basement studio space. Engineering states that a proposed third curb cut/access point for the property will not be permitted. Additionally, if a full Major Engineering review (1,000 sq. ft. of soil disturbance) is triggered for this property, all the site access needs to be brought into compliance and one of the two existing driveway entrances will need to be removed. Staff also referred the application to the City Parks Department. Staff and the Parks Department met on site to see the area where the proposed garage would sit. Parks determined the trees that would require removal are under code size and would not require a tree removal permit. Parks had no additional comments. *All calculations will be further reviewed at time of building permit submittal. RECOMMENDATION: 73 258 Roaring Fork Drive – Dimensional Variance Board of Adjustment Page 5 of 5 Staff finds that this application reflects a request of inconvenience rather than a hardship and that reasonable use of the property currently exists. Staff recommends that the BOA make a finding that a hardship does not exist on the property and pass a motion to deny the requests. ALTERNATIVE: The BOA may want to make a finding that a hardship exists on the property and pass a motion to approve the proposed detached garage with basement level studio space. Should the BOA find a hardship exists on the property, a potential motion should reflect property-specific findings so that special privilege is conveyed with the grant of setback variances. PROPOSED MOTION (All motions are proposed in the affirmative): 1) “I move to approve the denial of BOA Resolution #_____, Series 2023.” (This reflects Staff’s recommendation) Or, in the alternative: 2) “I move to approve BOA Resolution #_____, Series 2023 and find that a hardship exists on the property.” ATTACHMENTS: Draft BOA Resolution #_____, Series 2023 Exhibit A – Proposed Site Plan Exhibit B – Variance Review Criteria, Staff Findings Exhibit C – Application 74 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 1 of 4 RESOLUTION #___ (SERIES OF 2023) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING DIMENSIONAL VARIANCES FOR THE PROPERTY COMMONLY KNOWN AS 258 ROARING FORK DRIVE, LEGALLY DESCRIBED AS: LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO.1 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No: 273718120016 WHEREAS, the Community Development Department received an application for 258 Roaring Fork Drive, (the Application) from Susan Okie & Scott Lindenau (Applicant), represented by Chris Bendon, BendonAdamsfor the following land use review: Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, the subject property is within the R-15B zone district, is 15,430 square feet in size, and requires compliance with the following minimum setback dimensions: • Front Yard: 30’ • Side Yard: 5’ • Rear Yard: Residential Dwellings: 10’, Accessory buildings and all other buildings: 5’ WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – December 13, 2022, as applicable to this Project; and, WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public hearing on June 1, 2023; and, WHEREAS, the Board of Adjustment finds that a hardship exists on the property and that it is reasonable to grant front yard setback variances that relate to the existing development pattern in the immediate neighborhood; and, WHEREAS, during a duly noticed public hearing on June 1, 2023, the Board of Adjustment approved Resolution #____, Series of 2023, by a ___ to ___ (_-_) vote, granting approval for Dimensional Variance Review, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Variance: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants the following dimensional variances, as displayed in Exhibit A, approved site plan and renderings: 258 Roaring Fork Drive • Front Yard Driveway Height Setback: 0’ (where 30’ is required). • Front Yard Setback for the Garage Structure: 5’ (where 30’ is required). • Front Yard Setback for the Existing Residence: 19’ for existing residence (where 30’ is required). No other development other than grading as represented shall be permitted within established R-15B setbacks other than those projections defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks. 75 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 2 of 4 Section 2 Referral Departments: Prior to construction of the new detached garage with basement level studio space, the Applicant shall apply for the appropriate building permits. All calculations will be further reviewed at time of building permit submittal. The applicant shall comply with all rules and regulations as deemed necessary by th e Engineering, Parks, and Zoning Departments upon review of the building permit submittal. Section 3 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 4 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 5 Expiration: Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date of the approval unless development has commenced as illustrated by the submission of a building permit or an extension is granted. The subject variance is not a Site-Specific Development Plan (SSDP), is not vested, and will not receive a Development Order. Section 6 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 de emed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, approved this 1st day of June, 2023. Approved as to form: Approved as to content: __________________________ ______________________________ Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair Attest: _______________________________ Mike Sear, Deputy City Clerk Exhibits: Exhibit A – Approved Site Plan 76 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 3 of 4 Exhibit A – Approved Site Plan 77 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 4 of 4 78 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 1 of 2 Exhibit A – Proposed Site Plan 79 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 2 of 2 80 Board of Adjustment 258 Roaring Fork Drive Dimensional Variances – Review Criteria Page 1 of 3 Exhibit B –Variance Review Staff Findings Chapter 26.314, Variance Summary of Review Criteria for Section 26.314.040, Standards Applicable to Variances 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and NOT MET 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and NOT MET 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or NOT 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. NOT MET Dimensional 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: 81 Board of Adjustment 258 Roaring Fork Drive Dimensional Variances – Review Criteria Page 2 of 3 A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: The purpose statement of the Land Use Code, and the general goal of dimensional requirements, are to establish and enforce clear and consistent regulations to regulate the impacts of development on the neighbors, environment, and City. The dimensional requirements are consistently applied to development in town, unless circumstances exist that prevent an applicant from complying, or literal interpretation of the code would cause hardship. The requested variance from the established setback regulations is not consistent with the purposes, goals and objectives of the Title and Municipal Code, and no special circumstances exist that prevent the applicant from complying. Specifically, steep slopes persist on many properties in this neighborhood. The land use code takes into account steep slopes in calculating a properties allowable floor area and other calculations. This is applied consistently throughout the City of Aspen. Allowing a detached garage in the proposed location would further increase the non- conforming aspects of this property as the existing residence infringes on the front yard setback. It is important to note that if a variance is granted, the variance will not make this property “conforming” as the applicant’s representative has requested. The Board of Adjustment does not have the authority to deem properties “conforming”. Lastly, the applicant requests a setback variance for the height of their driveway which exceeds the 24” requirement found in Section 26.575.020.E.5(r): Driveways not exceeding twenty- four inches above or below finished grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty inches above or below finished grade. Staff finds this criterion to be not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findings: Staff finds that reasonable use of the parcel exists in its current configuration as a single-family residence with a covered carport. It is important to note that reasonable use implies that properties in the City of Aspen may not be able to maximize the buildable area on the lot. It is reasonable for property owners to expect construction of a single-family residence on their lot. A hardship suggests that denying a variance would virtually deprive a property owner of all developable rights on the subject property. A single-family residence is developed currently on this parcel and denying the subject variance will not deprive the property owner from the reasonable use 82 Board of Adjustment 258 Roaring Fork Drive Dimensional Variances – Review Criteria Page 3 of 3 of the single-family residence. Creating a more non-conforming situation on this parcel is not the minimum variance needed or necessary for the reasonable use of this property. Staff finds the criterion to be not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Findings: Part of the existing structure on the property is non-conforming regarding the front yard setback. There are no special conditions or 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. Generally, properties in R- 15B are subject to the presence of steep slopes on some portion of their properties. Setback requirements are applied consistently throughout the City of Aspen and no special circumstances differentiate this property from others in this neighborhood, zone district, or the City that merit dimensional variances. Staff finds this criterion to be not 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: Properties in R-15B generally must deal with the presence of steep slopes in this zone district. Staff finds that should the Board of Adjustment find that a hardship exists, property-specific findings should be made so that special privilege is not conveyed with the grant of setback and heigh variances. Staff finds this criterion to be not met. 83 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM November 2, 2022 Amy Simon Planning Director City of Aspen 427 Rio Grande Place Aspen, CO 81611 RE: 258 Roaring Fork Drive Request for Front Yard Setback Variance Ms. Amy Simon: Please accept this application requesting a 25-foot variance for the front yard setback requirements applicable to 258 Roaring Fork Drive. While the required front yard setback is 30’, the setback variance is requested to acknowledge the particular layout of the parcel, placement of the existing home, and to add the new garage and art studio space within the buildable area of the lot as it is configured. The fall-away lot and site grading dictates development closer to the street that is otherwise allowed. Location: 258 Roaring Fork Drive The 258 Roaring Fork Drive property is a single-family home, located in the Moderate Density Residential R- 15B zone district. The 15,430 square foot parcel allows for the development on a restricted portion of the property due to the steep slope. Photo: Property view from Roaring Fork Drive 84 258 Roaring Fork Drive Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 258 Roaring Fork Drive is located in the East Aspen neighborhood and is legally described as Lot 26 of the Eastwood Subdivision. This lot is 15,430 square feet and contains one single family home. Built in 1974, this 4-bedroom home contains roughly 2,262 square feet of (gross) floor area, according to the Pitkin County Assessor. Aspen adopted a specific floor area methodology which regulates mainly above grade floor area. The total allowable floor area (per City of Aspen calculations) is 3,197.20 square feet. Image: Site location plan with front yard setback, the existing house, and proposed garage. The applicants propose to build a new detached garage with basement level studio space within the confines of the steep slopes of the lot. The existing slopes create a hardship that can only be addressed by allowing a front yard setback of 5 feet for the new garage. Due to the grading between the property line and the garage, the ramp will exceed 30 inches in height. A 0-foot setback allowance is requested to accommodate the proposed driveway. The applicant also requests approval for the placement of the existing home, which is approximately 19 feet from the front lot line. Image: Main House from the NE corner, proposed garage placement is to photo right, with the entrance from the street. New garage and ramp Exis�ng home Front yard setback 85 258 Roaring Fork Drive Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The site is particularly difficult to locate sufficient space for the required build site. The owner has diligently placed the construction site between significant existing trees and boulders, while allowing purchase on the hillside before the precipice makes construction futile. To mitigate the hardship of the specific challenges of the site, a setback variance is required. Photo: Arrow indicates the existing steep slope This variance application requests the establishment of a modified setback on only one side of the property, which will not affect the other three property lines, nor the adjacent neighbors. While the property is slightly above the minimum size for the zone district, the steep slopes severely limit the area where construction can be sited, thus limiting the placement of any possible improvements, which all contribute to a hardship on the property. Image: The drawing represents how the proposed construction will use the flat area of the site while coping with the steep slope. 86 258 Roaring Fork Drive Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The applicant has addressed the standards for grant of a variance in Exhibit 1, addressing all relevant criteria, and to ensure setback variances remain in place in perpetuity. The property is owned by Susan Michelle Okie Revocable Trust & Scott A. Lindenau Revocable Trust. Both entities have authorized BendonAdams to submit this land use application. The requested setbacks are shown in the chart above This application responds to variance review criteria. Responses to each review criterion are attached to this application along with other pertinent documents. We believe this application contains the necessary information for a complete and competent review. Please contact us for any additional information as needed. We look forward to your review and will make ourselves available for any questions or requests you may have, including arrangements for an on-site review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Exhibits: 1. Response to review criteria 2. Application Form 3. Authorization to Represent 4. Proof of Ownership 5. HOA Form 6. Agreement to Pay 7. Pre-Application Conference Summary 8. Vicinity Map 9. Survey 10. Proposed Plans Proposed Setback Dimensions Measured from: Dimension: Front Yard Northern property line adjacent to Roaring Fork Drive For Garage: 30 feet required, 5 feet proposed 0 feet for driveway For Home: 30 feet required, 19 feet proposed East Side Yard Property line shared with 426 Roaring Fork Drive No change requested West Side Yard Property line shared with 302 Roaring Fork Drive No change requested Rear Yard Southern property line shared with 203 Eastwood Drive No change requested 87 Exhibit 1 Review Criteria page 1 Response to Review Standards: Section 26.314.040.A – In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code. RESPONSE Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” The property is zoned for single-family development and the owner has a legitimate and reasonable expectation to be able to develop, enjoy, improve, and maintain a single-family home and for its long-term placement to be considered “conforming.” A variance to the required setbacks to enable the continued existence and normal improvements to the property, including additions and alterations, is consistent with the purpose of the Moderate- Density Zone District (R-15B Zone). 2.The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. RESPONSE The application proposes setbacks for the property that will make possible the reasonable use of the property. The property is small – 15,430 square feet – and configured with a small portion as buildable lot due to the steep slopes of the site, severely hampering the useability. Note the topo lines in the graphic to the right. Image: The site plan highlights the confining configuration of the 258 Roaring Fork property. New garage and ramp Exis�ng home Front yard setback 88 Exhibit 1 Review Criteria page 2 The existing home does not conform to the existing front yard setback of thirty (30) feet. The house is confined to the best possible build site on the property, not allowing for additional improvements within the confines of the zone requirements and the specific hardships of the parcel’s steep vertical dimensions. A 19 foot front yard setback is requested along the North property line to enable continued placement of the existing home, a 5-foot front yard setback is requested along the North property line to accommodate a garage, and 0- foot setback to accommodate the driveway. R-15B Zone District Lot Size 15,430 square feet (recommend verification with a survey) Minimum Lot Area 15,000 square feet Estimated FAR 3,197.20 square feet (above grade, and based on lot size) Minimum Front Setback 30 feet Request: 5 feet for garage; 0 feet for driveway; 19’ feet for residence Minimum Rear Setback 10 feet for principal building, 5 feet for accessory buildings Minimum Side Setbacks 5 feet Maximum Height 25 feet This will enable reasonable use of the property, including current and ongoing use of the land and structures as well as reasonable improvements, extensions, maintenance, upkeep, and enjoyment of the property. This is especially important given the dimensions and configuration of the parcel, complicating the layout and construction configuration that would otherwise be heavily impacted by the steep vertical slope of the property, with severely compromised use capability. The front yard setback variances will alleviate this burden and enable the property to be enjoyed as any other property in the Medium-Density (R-15B) Zone District. The resulting development pattern enabled by the requested setbacks will be consistent and complimentary to the zone district and the neighborhood. The improvements will not affect the adjacent neighbors, while accommodating reasonable development of the 258 Roaring Fork property. The proposed setback is reasonable and respectful of the neighborhood conditions. The setbacks have been proposed as the minimum necessary for the property to achieve and sustain reasonable use. 89 Exhibit 1 Review Criteria page 3 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a)There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant. b)Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. RESPONSE Literal enforcement of the setbacks on the 258 Roaring Fork property would inhibit any minimal improvements to the property and prohibit a garage. The property is zoned for residential use, has no commercial rights and is unable to be used for any other productive purpose. The right to continue to enjoy a home on this property; to construct a garage; and to use, maintain, extend, expand, remodel, or develop the home is the fundamental right of the property. Photo: The image above shows the steep slope of the parcel, and the limited area for allowable development. 90 Exhibit 1 Review Criteria page 4 The size and configuration of the parcel represents a significant challenge. The parcel is small, slightly larger than the minimum allowed in the zone. Its steep grades over more than half the parcel provides minimal useability. This specific condition creates extremely difficult development challenges. A garage, for example, must be rectilinear to accommodate the shape of a standard car. Placement of the required space with the current steep grades provide little accommodation for almost any reasonable use. Image: The drawing of the proposed structure shows the placement on the steep grade of the parcel while still obtaining enough purchase on flat ground to be feasible. The positioning of the building on the parcel is a difficult and tricky endeavor. The proposed structure violates the prescribed setback along the North elevation of the building. The proposed structure has been diligently sited to allow for a one- car garage, while adhering to the myriad of City regulations requiring trees be maintained, right-of-way be respected, and grading requirements be adhered to. Proposed Setback Dimensions Measured from: Dimension: Front Yard Northern property line adjacent to Roaring Fork Drive For Garage: 30 feet required, 5 feet proposed For Driveway: 30 inches required, 0 feet proposed For Home: 30 feet required, 5 feet proposed East Side Yard Property line shared with 426 Roaring Fork Drive No change requested West Side Yard Property line shared with 302 Roaring Fork Drive No change requested Rear Yard Southern property line shared with 203 Eastwood Drive No change requested Enabling the property to add improvements – to be used, enjoyed, maintained, minimally expanded, remodeled, extended, and even redeveloped is a right commonly afforded all property owners with property in the Medium-Density (R-15B) Zone District. The proposed setbacks will allow use of the property consistent with use of similarly situated properties that are devoid of these specific circumstances. The floor area allowance will allow development proportional to the property size, which is significantly less than the vast majority of properties in the Medium-Density (R-15B) Zone District. 91 Exhibit 1 Review Criteria page 5 By granting the requested setbacks, the owners of 258 Roaring Fork Drive will enjoy development rights in-line with those of like parcels in the Medium-Density (R-15B) Zone District. The specific conditions of the property will no longer pose a hardship. The property will enjoy the full range of use and development potentials of similar parcels. 92 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Request for a 25-foot variance for the front yard setback requirements applicable to 258 Roaring Fork Drive. Review: Administrative or Board Review Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) BendonAdams 300 So. Spring St #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com x x x x na Have you included the following? na Required Land Use Review(s) Growth Management Quota System (GMQS) required fields: Net Leasable square footage na na 3,250 Exhibit 2 BOA Application Form 258 Roaring Fork Drive THE SCOTT A. LINDENAU REVOCABLE TRUST AND THE SUSAN MICHELLE OKIE REVOCABLE TRUST scott.lindenau@studiobarchitects.com970-379-3869 258 Roaring Fork Drive 2737-181-20-016 na BOA 93 ® BendonAdams November 15, 2022 Arny Simon Planning Director City of Aspen 427 Rio Grande Place Aspen, Co lorado 81611 RE: 258 Roaring Fork Drive; Aspen, CO Ms. Simon: Please accept this letter authorizing BendonAdarns LLC to represent our ownership interests in 258 Roaring Fork Drive and act on our behalf on matters reason ably 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-258 Roaring Fork Drive; Aspen, CO 81611 Legal Description -LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO. 2 TO THE EASTWOOD SUBDIVISION RECORDED AUGUS T 30, 1991 IN PLAT BOOK 27 AT PAGE 37. Parcel ID -2737-1 81-20-016 Owner-Susan Michelle Okie Revocable Trust & Scott A. Lindenau Revocable Trust Kind Regards, Susan Okie Susan Michelle Okie Revocable Trust 501 Obermeyer Place #104 Aspen, CO 81611 susan. o kie@studiobarchitects. corn 970-948-7938 Scott Li ndenau Scott A Lindenau Revocable Trust 501 Obermeyer Place #104 Aspen, CO 81611 scott.lindenau@studiobarchitects.com 970-379-3869 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 I BENDONADAMS.COM Exhibit 3 Authorization to Represent 94 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62014682 Date: 09/20/2022 Property Address:258 ROARING FORK DR, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower TO BE DETERMINED Delivered via: No Commitment Delivery BENDONADAMS Attention: CHRIS BENDON 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (970) 925-2855 (Work) chris@bendonadams.com Delivered via: Electronic Mail Exhibit 4 Proof of Ownership 95 Land Title Guarantee Company Estimate of Title Fees Order Number:Q62014682 Date: 09/20/2022 Property Address:258 ROARING FORK DR, ASPEN, CO 81611 Parties:TO BE DETERMINED THE SCOTT A. LINDENAU REVOCABLE TRUST AND THE SUSAN MICHELLE OKIE REVOCABLE TRUST Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $265.00 Total $265.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 05/09/2018 under reception no. 647218 Pitkin county recorded 11/05/2020 under reception no. 670235 Plat Map(s): Pitkin county recorded 06/23/1969 at book 4 page 4 Pitkin county recorded 08/30/1991 at book 27 page 37 96 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 258 ROARING FORK DR, ASPEN, CO 81611 1.Effective Date: 09/09/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: THE SCOTT A. LINDENAU REVOCABLE TRUST AND THE SUSAN MICHELLE OKIE REVOCABLE TRUST 5.The Land referred to in this Commitment is described as follows: LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO. 2 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37. COUNTY OF PITKIN STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62014682 97 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62014682 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 98 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1911, IN BOOK 55 AT PAGE 196. 9.EASEMENTS FOR UTILITY PURPOSES 6.00 FEET IN WIDTH ALONG THE SIDE AND REAR LOT LINES OF SUBJECT PROPERTY AS RESERVED IN INSTRUMENT RECORDED JUNE 23, 1969 IN BOOK 241 AT PAGE 704. 10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED AUGUST 11, 1971 IN BOOK 256 AT PAGE 907. 11.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 11, 1971 IN BOOK 256 AT PAGE 907. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014682 99 12.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 23, 1969, IN BOOK 241 AT PAGE 704 AND AS AMENDED IN INSTRUMENT RECORDED JULY 29, 1969, IN BOOK 242 AT PAGE 449 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 06, 1970, IN BOOK 247 AT PAGE 844 AND AMENDED BY INSTRUMENT RECORDED MARCH 15, 1990 IN BOOK 616 AT PAGE 85 AND AMENDED BY MODIFICATION INSTRUMENT RECORDED FEBRUARY 26, 1999 UNDER RECEPTION NO. 428172 AND AMENDED BY MODIFICATION INSTRUMENT RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512311 AND MODIFICATION RECORDED JULY 25, 2005 UNDER RECEPTION NO. 512768. 13.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF SUBJECT PROPERTY RECORDED JUNE 23, 1969 IN PLAT BOOK 4 AT PAGE 4 AND SECOND AMENDED PLAT RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37. 14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED NOVEMBER 16, 1982 IN BOOK 435 AT PAGE 734. 15.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ANNEXATION TO THE CITY OF ASPEN RECORDED JULY 22, 1987 IN BOOK 19 AT PAGE 97. 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY OF ASPEN, NO. 28, SERIES OF 1987 RECORDED JULY 22, 1987 IN BOOK 541 AT PAGE 979. 17.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 26 (SERIES OF 1987) RECORDED OCTOBER 01, 1987 IN BOOK 547 AT PAGE 191. 18.TERMS, CONDITIONS AND PROVISIONS OF ROADWAY DEDICATION RECORDED AUGUST 30, 1991 IN BOOK 655 AT PAGE 396. 19.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON TOPOGRAPHICAL SURVEY MAP CERTIFIED APRIL 09, 2018 PREPARED BY TUTTLE SURVEYING SERVICES: ENCROACHMENT OF NEIGHBORS DRIVEWAY ON SOUTHEASTERLY CORNER OF LOT. SAID DOCUMENT STORED AS OUR ESI 35586709 20.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED BY TUTTLE SURVEYING SERVICES, WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 35586709 21.DEED OF TRUST DATED SEPTEMBER 24, 2020, FROM SCOTT A. LINDENAU AND SUSAN OKIE- LINDENAU TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF LUXURY MORTGAGE CORP. TO SECURE THE SUM OF $1,715,000.00 RECORDED SEPTEMBER 29, 2020, UNDER RECEPTION NO. 668826. 22.DEED OF TRUST DATED JUNE 30, 2022, FROM THE SCOTT A. LINDENAU REVOCABLE TRUST AND THE SUSAN MICHELLE OKIE REVOCABLE TRUST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $615,000.00 RECORDED JULY 08, 2022, UNDER RECEPTION NO. 688863. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014682 100 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 101 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 102 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 103 Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 104 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 105 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner ("I"): Address of Property: (subject of application) Name: Scott Lindenau Email: scott.lindenau@studiobarchitects.com 258 Roaring Fork Drive Aspen, CO 81611 Phone No.:970-379-3869 I certify as follows: (pick one )® This property is not subject to a homeowners association or other form of private covenant. D This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. D This property is sub ject to a homeowners association or private covenant and the improvements proposed in this lancl use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: � 4, · date: 11 / I 4 ( U2-i--- Owner printed name: Scott Lindenau; Scott A Lindenau Revocable Trust or, Attorney signature : ___________ date: ____ _ Attorney printed name: ___________ _ April 2020 City of Aspen I 130 S. Galena St. I (970) 920 5090 Exhibit 5 HOA Form 106 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 258 Roaring Fork Drive; Aspen CO 81611 Please type or print in all caps Property Owner Name: Susan Okie & Scott Lindenau Representative Name(if different from Property Owner) Bend0nAdams Billing Name and Address -Send Bills to: Susan Oki e & Scott Lindenau ; 501 Obermeyer Place #104, Aspen, CO 81611 Contact info for billing: e-mail: scott.lind enau@studiobarchitects.com Phone: �9�7�0�-3�7�9�-=3=86=9�------ 1 understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. _____ flat fee for ___________ _ $ .975___ _flat fee for PARKS_ $. _____ flat fee for _______ _ $. ______ flat fee for ___________ _ For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and J understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. l agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. Jf actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $1950 deposit for ____6__ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 375 deposit for ___1___ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: __ .,_#;...,.�-L------�----1----� .. --ll { I t(l'Z.tPz.-i..-Phillip Supino, AICP Community Development Director PRINT Name : Scott Lindenau City Use: Fees Due: $ ___ Received$ __ _ Title: Scott A Lindenau Revocable Trust Case# __________ _ April 2020 City of Aspen I 130 S. Galena St. I (970) 920 5090 Exhibit 6 Agreement to Pay 107 PRE-APPLICATION CONFERENCE SUMMARY PRE-22-108 PLANNER: Sophie Varga, sophie.varga@aspen.gov DATE: October 11, 2022 PROPERTY: 258 Roaring Fork Drive REPRESENTATIVE: Chris Bendon, BendonAdams REQUEST: Front Yard Setback Variance DESCRIPTION: 258 Roaring Fork Drive is located in the Moderate Density Residential (R-15B) zone district. The existing building is a single-family home located on a lot which staff understands to have steep slopes. The applicant proposes to build a garage that is roughly at or just below street level with an art studio below. Due to steep slopes in many areas of the lot, the applicant proposes to build the garage on level grading which is approximately 10 to 15 feet from the front lot line. This construction would impede on the property’s 30-foot setback, per Sec. 26.710.070.(d)(4). Additionally, this may require grading beyond the allowed 30 inches in a setback. Because the property is burdened by steep slopes which restrict the development potential of the lot, the applicant is seeking a front yard setback variance for this construction and grading work. This requires approval of a Variance by the Board of Adjustment, pursuant to Chapter 26.314. Due to the property’s location in the R-15B zone district, it is exempt from a number of land use requirements, including Residential Design Standards and floor area reductions for steep slopes. Because the property is not subject to slope reduction, 100 percent of the parcel is included in the Net Lot Area in determining allowable floor area for the existing building and expansion, per Table 26.575.020-1. The applicant shall refer to Section 26.575.020(d)(2) to measure the allowable floor area of the existing building and expansion. Per Section 26.575.020(d)(2)a.iii, the proposed garage and subgrade areas are included in the calculation of mitigation floor area, which is used to assess required affordable housing mitigation for a given project. Affordable housing mitigation will be required as part of the project, pursuant to Section 26.470.090.a. This is reviewed administratively. To be granted a variance the applicant will need to demonstrate that all three circumstances as listed in Section 26.314.040 apply to the proposed development. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Application Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314.040 Standards applicable to variances 26.410.010(b) Residential Design Standards General Applicability 26.575.020(c) Measuring net lot area 26.575.020(d) Measuring floor area 26.575.050(e) Measuring Setbacks Exhibit 7 Pre App Conference Summary 108 26.710.070 Moderate-Density Residential (R-15B) Review by: Staff for completeness and recommendations Engineering and Parks for recommendations and review against standards Public Hearing: Yes Planning Fees: $1,950 for Planning Review (6 Deposit Hours) (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agency Fees: $325 City Engineer (1 Deposit Hour) (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) $975 Parks Department, flat fee Total fee deposit: $3,250 To apply, email the following information in a single pdf to Sophie Varga (sophie.varga@aspen.gov ) Completed Land Use Application. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. A site improvement survey (no older than a year from submittal) including topography and vegetation and the high-water line and 100 year flood plain (flood hazard area) showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. HOA Compliance form. Complete responses to all Review Criteria sufficient to analyze and determine that review criteria are met Visual images, drawings, etc that illustrate the existing and proposed development, sufficient to analyze and determine that review criteria are met Site plan and layout sufficient to analyze and determine that review criteria are met Written Project Summary Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 109 AVE Date: 11/22/2022 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 0.01 0.030.01 mi When printed at 8.5"x11" 4 Legend Historic Sites Parcels Roads Zoomed In Scale: 1:1,448 258 Roaring Fork Drive - Vicinity Map Exhibit 8 Vicinity Map 110 7'0POi WICAL Sl/.RV.EY '\ '\ '\ '\ '\ '\ \\\\\\ \\ \ \ \ \ \ \ \\ '\ GRAPHIC SCALE Lot .26, East:wood Subdivision, according to the plat thereof .filed on June .23, 1969, in Plat book 4 at page 4 and Amendment no . .2 to the East:wood Subdivision recorded august 30, 1991 in Plat Book .27 at page 37. ----•--•--.\ \\ \ "'� ��$ I'> < \ \ \ ""'--'---. \ \ .. -i ,� µo t litionol 5.0' Utility, Drainage, onstruction &: Mointenoce Easement z1 6.0' Utility Easement �\ i1· <o'1, ,, ct-· _-7'\_-_-_--_ \ \ \ � � '\ �o'� �%. A X \ \ \ � " '----'----'----'----� \� \ \' / \ .I\ \ \ "'< '---. ... � '---. '---. \ \\ \ \/ \>(\\\\\f \\\"� \ \ •\• \�� �? / ;<_ \ \ \ \ \ \ \ \ I I \\\ �\ / �-�I / , \» \ \ \ \ \ \ \ <\ I \1 \ \ ;Bl\\\\ 1c. ·• ' ' \ <\ \ \ I I \·. / I \ � A:. \ \ I I L:-}} 1 1 1 1 I � ,?Jo • «t..o .":)c \O \J .4' � bl"- .,.1 '/:,� \,' �(lj 1· �'() j"''�..-- 0 ..;;i... � ,/ " / ,'\ '\ '\ \15,43Q S�Ft \ \ --�+ 7 / / / / /-- / / / Q h \'\ /\. / \, \ \, '\ \''�" \ \. -.:--/...--7 ,,_______ -/ 1/ I . . \. " ( IN BUI') 1 inch = 10 fLContour \otervo\ - 1.0' m m @ ft, •• 0 Legend = Gos Meter = Electric Meter = Sanitary Sewer Manhole = Cleonout = Aspen = Spruce = Boulder --x--= Fence11011101A1111111111R111111101A11 = Railroad Tie Retaining Woll-a �-G� --->>• "" -_ -'\ \ .... \ -\>>\I_,__., -✓..-?'-�� (c ::; <y k ___ ) • • '! . '\ \ • \ • • \, • \ \ .\ \ 1 .;.---/ _,,__., � f �-i--x\� li"-o -_-�J '\. '\-: � _-_-_ '\ _,_-I -\ \"'--1 _,_.., -/--�-- cl-'\_"'; � --'\ \ 0 l :_,__...�, L----, __.....,,, / 4=_¥E I\ \ � ,----'---. " <1 / , • ,, / + , ,, +\ own�rsh1p ine r " - \ _ _ I. -_ • \ _ I _,...-I 6� \ \._ ' \ -'\_ - -'\ \ I _,__..., l "!_ ' --'\ - -0 21. . . . . ·,. . . � " r. Cl) oi - "-<1 Ll µ:-r,- __ -8095-� <1 " -- . .. -.Li" -"Grovel Road \ \ \ \ \\_,,// --------- @ '\ I� , -'\ '\ ·o '\_ --\--\ ____ '_,.....,. la. 2 • I - -" \ --\ L \.......8095 -......:::._ ---------"\ � 6.0' Utility Easement --,•\\A-•-•-\<<< \ } _ I /�I; -'\ :\-\(" - --',_: J --1 '< --- -. " \ ..:1-=-...r --V-\ ___,,..-,l --<I \ :� -\ � _t \ \ -\...:.\ �. ' \_:-t-i 1 Story Brick &: Frame House / Att. Garage ·1·'\ •>I > \ \"" ,J\ \ �----_-_ .. -_,,/··.·•-\\ "'- -�f/ � �" 2. .,� <1 - ,. - _-I ;,\ .. Ll - "'\ <1 - -- \ �1---- --------- @• \G> o_..-<> ��@?. \ ��, --------- ---- / \ \ @, � (�J. I I Lot 25 �� \"\ '\ _,-i � \ � \"' -)::_--\- � +\� �\---\-c � �\as;:_\--- '%.., • _ 1 -=-�-x --� � --& - - --\: Q' 1, l?-"'9• \=--��� .. -,;;-.::.. �. . "" -1"-Y "'o � • 0 < � , T L.. { ';>,_�� ;_\ �·-�, jl ' --'\ .11111Tfml / "''"""= . P· \ '\ _i /,' ' ' i1lW Ul\llll ' R��•,.,, > -_ \ � en -·, mornrr1- I I �-�\� \\, �I, r-p t;rffi]I e��r·m�� (� ..... '•c.c., 1 of • ,, \r,y ,.. -"c . , .. :\ \vs_ '] .... � .. �,,, . .,,,J�_ ,Jillil!!11 , ':,· ,1._ ·�- r·1_ '� '•c# , , 1 1 [Qt ! \�_ \_-;-)' i t 1 �f'\,..Y -_,_,_ __ I I . t ",.., •�-_ ' 'l .-:'."' · ___ '\ '\' "" I -••-, ----___ f ��- � ... . ?_,. -"'"',, . -�-- -...---r;-� --:-\ �\�oi; -o> P- ll'. '} U'.I 'o � -<3.vered -" " , -Emry -- /' - --- \ I--. ---y .. _ - _ - _ - _ - : ·. A ,q ... <1 I <1 , A • . " Ll - _/ / --:::::-----: £ �� ·<J .4 . - Ll " Ll -" " <1 - <1 -1g <1 CD �-. . .d :q "'-\ ' :c-c ' \ ·--� - - - - -I - " . . . . ~-e .. > ' ' ," • • • • • • • • • • �-::s...= . .� .•. ·<><,; -s . � •. �-- ---Cl V "'-" -�---..:,..--'"---/ �_:-�� ""AG(::_y=:�..:--: ... '\ \�_j - --71�"'-'--: : -----:--/\ --'>< ------ ...--'1:-------/' / ---......-""-__,,:;--· ------- -I V'---->-----� � ,-'x-;...------ ---,,,....------�--- --·· -� _---.._\::;:'-\->-,L:-:-------------- -__.,.-� ,_____.�-\_,. ----. - � - ,?-� - - -- ., �A' ---------- --� -�------------------ --z-. ,,,_ -------/ --------------� _, ----------- . -.:;)<::-:: -.:-.;-;;;,?: : .:-.:----,. M UtlHty ---.7-----Easement ✓----__,,,,,. (#1' ,;A\,\ Xsite � t'.-'f�{I--·--' , > ' � > ' [· -) '•·-;n''� -I / °'W�I ,,�. . I' -\ '" ��-'"-,,,,� -I "' � . ·-1 i � -, ' _,,V<>• ; • ' ' ' I' • •-C -' ., - ' ' ' < \ '1?R'{s'i1-:: ·b [I[--r.�--.. ,, -� .o � I,--\ \---'-i ___;, -..,__ -., =----.J -�-· -Q,, ", -'t\ lA ' �-:.c:,__Clll'slAr>t::A\11:cR"> I --,,!.e, , "'"'""' I -,.;)___ _ I i, " Ii" -\ � -II IT ,..--, �"" ...... ,,_ ' I ,✓ ~-\ .\ _ll.I I / , . .---, ----Un• ---..v----- Additional 5 O' • -_? • ,. --• Ut1· -�-� Construction &: 1jY'. Drainage, � _ _ _ �1 _ -- ,_M:•tm= _/ '\_ '- ,.,....__ _.. :--Lot 23 ' ' I · . · b ----'--0)1-t ----1: { ',? /%\ I ' � • �,, \ -" /_ � I .. (1 ) �' 11 ,-i t,-q\ [J t<5)t � "'\>H�, "' \ VICINTIYJIAP scAI.1:11 -1000' Notice.· , , , / , , Additional 5.0' Utility, Drainage, Construction &: Mointenoce Easement v/ ) ., /// //� Ll �- Neighbor's Driveway <1 ' ' � " " • I J_ l ' " Edge of Neighbor's Driveway "' •" ' " Accortiuig lo Colorado law, you musl commence any legal action based upon any defacl in IA.is survey wu¼ln lkree pars q/ter :vou ftrsl dtsaOfllW sue,¼, de/eel. /n no ftlenl mtZIJ/ anv U/Qal action based U?Jon anv defacl m 7'l77'7'.£..i' SU.R/7..i'Y/HC S..i'.R/7/C..i'S P.O. Box 983 Glenwood Springs, Colorado 81602 {970) 928-9708 (FAX 947-9007) TOPOGRAPHICAL SURVEY MAP Mis survev fJe commenced more IAan kin yBars ,J'h,m IA6 dale of tlu oerlifaallon shown hereon .li'm.ail-,f'e/,/'Olss-us. co,n ' ' County of Pitlda, State of Colorado. THE LAND REFERRED TO IN THIS LAND TITLE GUARANTEE COMPANY COMMITMENT DATED FEBRUARY 27, 2018 IS LOCATED IN THE COUNTY OF PITKIN, S TATE OF COLORADO, AND IS MORE PARTICULARLY DESCRIBED AS FOll.OWS: LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO. 2 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37. COUNTY OF PITI<IN, STATE OF COLORADO. THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER SAID TITLE COMMITMENT NO. Q62009221 8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES ASRESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1911, IN BOOK 55 AT PAGE 196. 9.EASEMENTS FOR UTILITY PURPOSES 6.00 FEET IN WIDTH ALONG THE SIDE AND REAR LOT LINES OF SUBJECTPROPERTY AS RESERVED IN INSTRUMENT RECORDED JUNE 23, 1969 IN BOOK 241 AT PAGE 704.10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED AUGUST 11, 1971IN BOOK 256 AT PAGE 907. 11.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 11, 1971 IN BOOK 256 AT PAGE 907.12.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED ININSTRUMENT RECORDED JUNE 23, 1969, IN BOOK 241 AT PAGE 704 AND AS AMENDED IN INSTRUMENT RECORDEDJULY 29, 1969. IN BOOK 242 AT PAGE 449 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 06, 1970, IN BOOK247 AT PAGE 844 AND AMENDED BY INSTRUMENT RECORDED MARCH 15, 1990 IN BOOK 616 AT PAGE 85 ANDAMENDED BY MODIFICATION INSTRUMENT RECORDED FEBRUARY 26, 1999 UNDER RECEPTION NO. 428172 ANDAMENDED BY MODIFICATION INSTRUMENT RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512311 AND MODIFICATIONRECORDED JULY 25, 2005 UNDER RECEPTION NO. 512768.13.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF SUBJECT PROPERTYRECORDED JUNE 23, 1969 IN PLAT BOOK 4 AT PAGE 4 AND SECOND AMENDED PLAT RECORDED AUGUST 30, 1991IN PLAT BOOK 27 AT PAGE 37.14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED NOVEMBER 16,1982 IN BOOK 435 AT PAGE 734.15.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ANNEXATIONTO THE aTY OF ASPEN RECORDED JULY 22, 1987 IN BOOK 19 AT PAGE 97. 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY OF ASPEN, NO. 28, SERIES OF1987 RECORDED JULY 22, 1987 IN BOOK 541 AT PAGE 979. 17.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 26 (SERIES OF 1987) RECORDED OCTOBER 01, 1987 INBOOK 547 AT PAGE 191. 18.TERMS, CONDITIONS AND PROVISIONS OF ROADWAY DEDICATION RECORDED AUGUST 30, 1991 IN BOOK 655 ATPAGE 396. -□ fndicatw 0�15% slopes (no hatching)-.J,2J6.98 s.f., area= 21.7% n -□Indicates 15%-JOX slope (dots)-5308.14 s.f., area- 35.9% /// -�/// /// Indicates JOX -45% and greater slopes (dashed)-3729.94 s.f., area= 25.2% -� fndicatw 45% and greater slopes (doshed)-.J,154.94 s.f., area= 17.2%........ LEGEND ANO NOlES: -El INDICAlES MONUMENlS AS SHO'MII AND DESCRIBED HEREON.-OAlE OF FIELD WORK: SEPTEMBER 27, 2017 & OCTOBER 26, 2021UNIT OF MEASUREMENT: US SURVEY FOOTTEMPORARY BENCHMARK LOCATED AT Tl-IE FOUND 5/8" REBAR Will-I 1 1/4" YELLOW PLASTIC CAP LS. NO. 18129 AT Tl-IE NORlHWESlERLY CORNER OF LOT 21, IN SAID EASlWOOO SUBDIVISION. ELEVATION = B107.24'BEARINGS ARE BASED UPON FOUND 5/8" REBAR Will-I 1 1/4" YEll.OW PLASTIC CAP L.S. NO. 16129 AT Tl-IE NORlHWESlERLY CORNERAND FOUND 5/B" REBAR Will-I 1 1/4" YEll.OW PLASTIC CAP LS. NO. 16129 AT Tl-IE SOUlHWESlERLY CORNER OF LOT 21, INSAID EASlWOOD SUBDIVISION, USING A BEARING OF S 16"16'0" W BETWEEN Tl-IE lWO DESCRIBED MONUMENlS.Tl-llS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY Tl-llS SURVEYOR TO DETERMINE O'MIIERSHIP OR TO DISCOVER EASEMENlSOR OlHER ENCUMBRANCES OF RECORD. All. INFORMATION PERTAINING TO OWNERSHIP, EASEMENlS OR OlHER ENCUMBRANCES OFRECORD HAS BEEN TAKEN FROM TITLE INSURANCE COMMllMENlS ISSUED BY LAND TilLE GUARANTEE COMPANY , DATED EFFECTIVEFEBRUARY 27, 2018 AS COMMllMENT Q62009221 258 Surveyor's Certificate:I, JEFFREY ALLEN TVTTlE, being a Registered Land Surveyor In the State of Colorado, do hereby certify that this map of existing conditions was prepared by me and under my supervision from a survey made by me and under my supervision on April 04, 2018 and that both the survey and map are true and accurate to the best of my knowledge and belief. �-" :i: ' :-. Rrc '°'"�:: ,i.1/s '2022 "" __ --:,_ '"' t� -.... "' -<l,� ,c_, :'.{!' ·. 0 '~ �. ·� :' !t 3-,c,,-,>'l;,''R"f,;.. JEFFREY Alil#4t1hlt:.� L.S.33638 OA TE Note: This topography map complies with National Map Accuracy standards for topographic maps. /MJere checked 90% of points should be within 1/2 the contour Interval and well defined points should be plotted within 1/50 # of their true position. Critical design should be based upon spot elevations, please contact Tuttle Surveying Services for this spot elevation information. Roaring Fork Drive81611 Aspen, CO Drawn by: DMC Dat .. :04/09/2018 &11/15/2022 Z: \2018\Eostwood Subdivision \Lot 26--258 Roaring Fork Drive.dwg 1 Exhibit 9 Survey 111 GARAGE 258 ROARING FORK DR SCHEMATIC DESIGN 11.15.22 Exhibit 2 BOA Application Form 112 8 07 080758080808580908095 8095 8070807580808085809080958085 GMEM L o t 2 7 Lot 25 Lot 23 x x x x xxx x x x xx25' - 7"24' - 0"1 9' - 0 " D I S T A N C E F R OM MA I N H OU S E 4 7' - 8 1/ 2 " S ET BAC K5' - 3"27' - 5 1/2"CONCRETE APRON BAR GRATE BRIDGE 2 0' - 3 1 / 4 "FR ON T SE T B A C K 30' - 0"PROPERTY LINE 19' - 0 1/2"© 2021 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERTO. ALL RIGHTS RESERVED. Sheet Title: Issue Date: ARCHITECTURAL SITE PLAN GARAGE 11.21.22 A1.1 258 ROARING FORK DR 1/8" = 1'-0" 1 ARCHITECTURAL SITE PLAN DATE DESCRIPTION SITE ELEVATION: 8089' 6" = ARCH. 100' 00" 113 UP DN 1 1 2 2 AA BB 1A3.14A3.12A3.13A3.1- - - - - 3 A4.1 3 A4.1 1 A4.1 1 A4.1 2 A4.1 2 A4.1 20' - 3 1/4"15' - 11 3/8"2' - 0 5/8"0' - 5 1/2"ART STUDIO 110 MECH 111 POWDER 112 1' - 0"14' - 5 7/8"3' - 0"7' - 7 7/8"0' - 3 1/2"7' - 11 3/8" 0' - 3 1/2" 4' - 1" 10' - 6 1/2"0' - 5 1/2"7' - 0" 0' - 4 3/8" 6' - 1 1/2" 0' - 6" 1' - 8 1/2" 0' - 6" 1' - 8 1/2" 0' - 6" 1' - 8 1/2" 0' - 6" 1' - 8 1/2" 0' - 6" 1' - 8 1/2" 0' - 4 3/8"6' - 9 1/4"24' - 11"1' - 6 1/2"1' - 4 1/4"4 A4.1 4 A4.1 EQ EQ1' - 3 1/4"1 1 2 2 AA BB 1A3.14A3.12A3.13A3.1- - - - - 3 A4.1 3 A4.1 1 A4.1 1 A4.1 2 A4.1 2 A4.1 18' - 0" 6' - 1 1/2" 0' - 1" 10' - 0" 0' - 1" 1' - 8 1/2"23' - 3 1/2"1' - 6 1/2"1' - 4 1/4"1' - 3 1/4"4 A4.1 4 A4.1 GARAGE 201 19' - 1 5/8"27' - 5 1/2"20' - 3 1/4" 0' - 2 3/4" 1' - 6 1/2"4' - 4 1/4" 8089' - 6" © 2021 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERTO. ALL RIGHTS RESERVED. Sheet Title: Issue Date: FLOOR PLANS GARAGE 11.15.22 A2.1 258 ROARING FORK DR 1/4" = 1'-0" 1 LOWER FLOOR PLAN DATE DESCRIPTION 1/4" = 1'-0" 2 UPPER FLOOR PLAN 114 ELEV: 89' -6 1/4" T.PLY LOWER 12 ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 3 A4.1 1 A4.1 ELEV: 89' -6 1/4" T.PLY LOWER AB ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 2 A4.1 4 A4.1 ELEV: 89' -6 1/4" T.PLY LOWER A B ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 2 A4.1 4 A4.1 ELEV: 89' -6 1/4" T.PLY LOWER 1 2 ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 3 A4.1 1 A4.1 © 2021 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERTO. ALL RIGHTS RESERVED. Sheet Title: Issue Date: ELEVATIONS GARAGE 11.15.22 A3.1 258 ROARING FORK DR DATE DESCRIPTION 1/4" = 1'-0" 1 NORTH-EAST ELEVATION 1/4" = 1'-0" 2 NORTH-WEST ELEVATION 1/4" = 1'-0" 3 SOUTH-EAST ELEVATION 1/4" = 1'-0" 4 SOUTH-WEST ELEVATION 115 ELEV: 89' -6 1/4" T.PLY LOWER A B ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 2 A4.1 ELEV: 89' -8 1/2" FFL LOWER LEVEL ELEV: 100' -0" FFL UPPER LEVEL 4 A4.1 8' - 0"9' - 0"9' - 0"1' - 3 1/2"2' - 10"7' - 7"ART STUDIO 110 GARAGE 201 POWDER 1121' - 3 1/2"8' - 0"ELEV: 89' -6 1/4" T.PLY LOWER 1 2 ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 3 A4.1 1 A4.1 ELEV: 89' -8 1/2" FFL LOWER LEVEL ELEV: 100' -0" FFL UPPER LEVEL9' - 0"9' - 0"ART STUDIO 110 GARAGE 201 ELEV: 89' -6 1/4" T.PLY LOWER A B ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 2 A4.1 ELEV: 89' -8 1/2" FFL LOWER LEVEL ELEV: 100' -0" FFL UPPER LEVEL 4 A4.1 ? ? GARAGE 201 ? ?8' - 0"9' - 0"9' - 0"ELEV: 89' -6 1/4" T.PLY LOWER 1 2 ELEV: 99' -9 3/4" T.PLY UPPER ELEV: 110' -1 1/4" T.PLY ROOF 3 A4.1 1 A4.1 ELEV: 89' -8 1/2" FFL LOWER LEVEL ELEV: 100' -0" FFL UPPER LEVEL POWDER 112 MECH 111 GARAGE 201 0' - 6"© 2021 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERTO. ALL RIGHTS RESERVED. Sheet Title: Issue Date: BUILDING SECTIONS GARAGE 11.15.22 A4.1 258 ROARING FORK DR DATE DESCRIPTION 1/4" = 1'-0" 1 SECTION 1 1/4" = 1'-0" 2 SECTION 2 1/4" = 1'-0" 3 SECTION 3 1/4" = 1'-0" 4 SECTION 4 116