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Home My WebLink Aboutagenda.boa.20230706AGENDA ASPEN BOARD OF ADJUSTMENT July 6, 2023 4:30 PM, City Council Chambers 427 Rio Grande Place Aspen, CO 81611 I.ROLL CALL II.COMMENTS III.MINUTES III.A Draft Minutes - 2/16/23 & 6/1/23 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #__, Series of 2023, 807 McSkimming Road - Construction Staging Variance V.B Resolution #__, Series of 2023_782 McSkimming Road - Request for Setback Variance V.C Resolution #__, Series of 2023_ 258 Roaring Fork Drive - Request for Setback Variance minutes.boa.20230216_DRAFT.docx minutes.boa.20230601_DRAFT.docx 807 McSkimming Road_Construction Staging Variance_Memo.pdf 807 McSkimming Road_Construction Staging Variance_Resolution #___,Series of 2023.pdf Exhibit A_Construction Staging Review Criteria, Staff Findings.pdf Exhibit B_Application.pdf Exhibit C_Public Notice Affidavit.pdf 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 Exhibit D_Public Comment Objection_Lot 12 Variance Application_2023.05.31.pdf 1 VI.OTHER BUSINESS VII.BOARD REPORTS VIII.ADJOURN Draft Memo_258 Roaring Fork Drive_Variance.pdf Draft BOA Resolution #____, Series of 2023_ with Exhibit A_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) 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 hearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT FEBRUARY 16th, 2023 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Tim Sack, Ashley Feddersen, Andrew Sandler Commissioners not in attendance: Rick Head Staff present: Kevin Rayes, Planner Bob Narracci, Zoning Administrator Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant Staff Comments:None Commissioner comments: None Declaration of Conflicts of Interest:None Minutes: Mr. Sandler motioned to approve the minutes from 12/1/22 & 1/26/23. Ms. Feddersen seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes. PUBLIC HEARINGS: 701 S. Monarch St. – Dimensional Variance Review Applicant Presentation –Chris Bryan – Garfield & Hecht, PC Mr. Bryan introduced himself as representing the Caribou Condominiums for the 701 S. Monarch St. project. He described the site location and noted that the topography, in the applicant’s mind, necessitates the request of a variance in order to maintain the safety of the premises and the surrounding area including trees that are in the easement. He went on the describe the details of the requested setback and height variances related to the construction of a new retaining wall to support and stabilize an existing retaining wall that may fail. He stated that they believe that the Resolution in front of the board with conditions is accurate and that the variance will serve the purpose it is designed for. He also went over the reasons why they believe the approval criteria have been met. There were no member questions of the applicant. Staff Presentation – Kevin Rayes, Planner Mr. Rayes showed an overhead view of the property describing some details and history. He then showed a diagram of the existing conditions, including the location of the existing retaining wall. He mentioned that it is not up to engineering standards and on a recent site visit, the Parks department was a little concerned that the removal of the existing wall could compromise the soil and integrity of a tree just above it. The Park’s department had said the least impactful solution would be to build a new wall adjacent and on the inside of the existing one. He pointed out that the Board of Adjustment is only being asked to approve a setback variance in this case, as the height variance goes to City Council. Next, he went over the review criteria and the reasoning 3 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT FEBRUARY 16th, 2023 staff finds them to be met as well as stating that staff recommends approval of the setback variance. There were no member questions of staff. PUBLIC COMMENTS: None BOARD DISCUSSION: There was consensus from the members that this was a straightforward case and that it seemed all parties were in agreement. The board thanked the applicant and staff for their work and presentations. MOTION:Mr. Sandler moved to approve Resolution #1, Series of 2023 granting approval for the Dimensional Variance. Ms. Feddersen seconded. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. OTHER BUSINESS – Election of Chair & Vice-Chair Mr. Sandler stated that he would like to continue in the role of Chair. Ms. Feddersen said she would like to continue in the role of Vice-Chair. Mr. Sandler then motioned to approve the slate as proposed. Mr. Farrey seconded. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. ADJOURN:Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 5-0; All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk 4 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT June 1st, 2023 Acting Chair Head opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Rick Head Commissioners not in attendance: Jim Farrey, Collin Frank, Tim Sack, Ashley Feddersen, Andrew Sandler Staff present: Kevin Rayes, Planner James True, City Attorney Mike Sear, Deputy City Clerk Mr. Head noted the two public hearings on the agenda as 782 McSkimming Rd and 258 Roaring Fork Drive. He moved to continue both items to July 6th, 2023 at 4:30pm due to a lack of quorum. Mr. Head then adjourned the meeting. _____________________ Mike Sear, Deputy Clerk 5 Page 1 of 4 MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Haley Hart, Long-Range Planner THRU: Bob Narracci, Zoning Administrator RE: 807 McSkimming Road, Permitted Use Variance Review Resolution #__, Series of 2023 MEETING DATE: July 6, 2023 APPLICANT: Ray Spitzley, McLovin Aspen LLC PO Box 4949 Aspen, CO 81612 REPRESENTATIVE: Sara Upton, Forum Phi 210 E. Hyman, #202 Aspen, CO 81611 LOCATION: 807 McSkimming Road Aspen, CO 81611 Parcel ID# 2737-172-01-004 CURRENT ZONING AND USE: Moderate Density Residential (R- 15B), Undeveloped and Vacant LOT SIZE: 1.30 acres (56,628 square feet) SUMMARY OF REQUEST: The Applicant requests a Construction Staging Variance to allow for staging on 807 McSkimming Road for the development of a single-family residential home at 813 McSkimming Road. STAFF RECOMMENDATION: Staff recommends the BOA approve the requested Construction Staging Variance, with conditions. Figure 1: Vicinity map, staging parcel and construction parcel 6 Page 2 of 4 REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant is requesting the following approval from the Board of Adjustment (BOA): Section 26.314.030. Authorized variances. (b) Permitted uses, but only to allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or construction staging. The Board of Adjustment is the final review authority to grant a Construction Staging Variance for off-site construction staging. Background and Existing Conditions: The subject site is 803 McSkimming Road, Lot 14 of the Aspen Grove Subdivision. The property is 56,628 square feet and is zoned Moderate Density Residential (R-15B). The lot is currently vacant with no improvements on the property. R-15B Zone Districts are not required to submit Residential Design Standard applications, are not subject to 8040 Greenline review, and do not have deductions for steep slopes when measuring net lot area. The applicant is requesting a variance under the hardship that there are site constraints at 813 McSkimming Road due to steep slopes and no established vehicular access. The applicant proposes construction staging at 807 McSkimming Road to support the development of a single-family residence on the adjacent lot, 813 McSkimming Road, Lot 15 of the Aspen Grove Subdivision. The applicant proposes that construction staging at 807 McSkimming will result in the least impactful disruption through reducing the amount of earthwork that would need to be done at 813 McSkimming Road for construction and staging activities. 813 McSkimming Road has an approved building permit under permit number 0133-2021-BRES, for new construction of a four-bedroom house on the undeveloped lot. 813 McSkimming Road and 807 McSkimming road are under the same ownership. Request: The Applicant requests approval for a Construction Staging Variance to allow for off-site construction staging on 807 McSkimming Road, for the development of 813 McSkimming Road. No permanent development is proposed on 813 McSkimming Road. The applicant proposes to use the existing road cut that was established for access to 807 McSkimming Road which ends at the eastern edge of 813 McSkimming Road. Due to the existing steep slopes on 807 McSkimming Road which vary between 30% and 40%, the applicant proposes building walls constructed of 6’ long waste blocks to create a temporary retaining wall. 7 Page 3 of 4 Figure 3: Construction staging on 807 McSkimming Road REVIEWS: Construction Staging Variance: In order to meet the Review Criteria and qualify for a variance, five criteria must be met: 1. Proper notice of the request and public hearing must have been provided to surrounding property owners. 2. Not approving the variance would result in a hardship and would render the property undevelopable. 3. The off-site construction staging must not have significant negative impacts on the neighborhood. 4. The property needs to be owned by the same owner, or written permission must be granted by the owner of the lot in which the construction staging is to occur. 5. The site must be restored to its original condition. Staff Comments: Site constraints such as steep slopes and a lack of an established road make construction staging on 813 McSkimming Road, the property on which a single-family residence will be constructed, difficult. Although there are similar constrains such as steep slopes on the proposed lot for construction staging at 807 McSkimming Road, the applicant has demonstrated that accommodation of the storage of materials is possible through creation of a temporary retaining wall. Approving a Construction Staging Variance on 807 McSkimming Road, which is under the same ownership as 813 McSkimming Road, provides the applicant 8 Page 4 of 4 a reasonable solution to the site constraints during construction and reduces the impacts on 813 McSkimming Road. The impacts will be minimal and temporary. The impacts of the off-site construction staging would have a minimal impact on the neighborhood. The construction staging on the empty lot of 807 McSkimming Road will be confined to the on-site gravel staging area. Staff agrees that staging the necessary equipment on 807 McSkimming Road would support construction on the constrained lot. This solution creates a viable alternative that minimizes the disruption of the normal neighborhood activities. The City of Aspen Parks Department has four conditions for approval. First, Parks requires tree protection fencing installed and inspected prior to allowing parking, construction dumpsters, retaining wall construction and material staging. There is one coniferous tree with a 6” caliper located within the proposed temporary staging area. The City Forester has agreed to the removal of the ponderosa pine for the staging area with the second condition that the applicant must gain a tree removal permit. The applicant must submit plans at the time of the tree removal permit that show the tree planting, which shall be five (5) coniferous trees on the north section, above McSkimming Road, that will occur for offsetting the mitigation. The fourth condition is that the applicant must fully execute the revegetation plan and the site shall be fully restored prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. The Engineering Department has two conditions. The first condition is that an amount of $250,000 shall be included as financial security for the restoration, revegetation, and removal of retention walls which staff and the applicant have agreed to be paid upon approval of the application. The second condition is that the engineering department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. Staff feels the request meets the review criteria, is reasonable given the site context and steep slopes, and would have minimal impacts on the neighborhood. Additionally, 807 McSkimming Road and 813 McSkimming Road are under the same ownership, so the logistics are manageable. Referral Agencies: Staff consulted with the City Parks and Engineering Departments, and each agree with Staff’s position - supporting a recommendation of approval with conditions. RECOMMENDATION: Staff has found the application to meet all review criteria and recommends approval with conditions. ALTERNATIVE: If the BOA disagrees with any proposed conditions of approval in the resolution and wishes to amend the proposed Resolution by removing conditions of approval, staff requests the BOA continue the hearing to ensure the Parks and Engineering Department have an opportunity to weigh in on and respond to the proposed changes. PROPOSED MOTION (All motions are proposed in the affirmative): “I move to approve Resolution #__, Series 2023, approving a permitted use variance to allow for off-site construction staging for the redevelopment 813 McSkimming Road, on 807 McSkimming Road, with conditions.” ATTACHMENTS: Exhibit A – Construction Staging Review Criteria, Staff Findings Exhibit B – Application Exhibit C – Public Notice Affidavit 9 Board of Adjustment Resolution #__, Series of 2023 Page 1 of 3 RESOLUTION #__ (SERIES OF 2023) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A CONSTRUCTION STAGING VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED ASPEN GROVE BLOCK 3, LOT 14, PITKIN COUNTY, COLORADO; COMMONLY KNOWN AS, 807 MCSKIMMING ROAD. Parcel ID No: 2737-172-01-004 WHEREAS, the Community Development Department received an application from Ray Spitzley, McLovin Aspen LLC (Applicant), represented by Sara Upton of Forum Phi (Representative), for a Construction Staging Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete – February 27th, 2023, as applicable to this Project; and, WHEREAS, the Community Development Department referred the Application to the City of Aspen Parks and Engineering Departments, and received recommendations of approval with conditions; and, WHEREAS, the Board of Adjustment reviewed an Application for a Construction Staging Variance for the purpose of constructing a single family residential home at 813 McSkimming Road, at a duly noticed public hearing on July 6th, 2023; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record; and, WHEREAS, the Board of Adjustment finds the request to meet the Review Criteria (Section 26.314.040) for a Construction Staging Variance; and, WHEREAS, during a duly noticed public hearing on July 6th, 2023, the Board of Adjustment approved Resolution #__, Series of 2023, by a __ to __ (_ – _) vote, approving a Construction Staging Variance for off-site construction staging, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants a Construction Staging Variance to allow for off-site construction staging on 807 McSkimming Road during the construction of 813 McSkimming Road, with conditions. Section 2: Engineering Department All activity on 807 McSkimming Road must comply with Title 21 of the City of Aspen Municipal Code, and all adopted regulations of the City of Aspen Engineering Department. A. The applicant must submit an amount of $250,000 upon approval of the application, by the Board of Adjustment, to the City of Aspen Engineering Department as financial security for the restoration, revegetation, and removal of retention walls on 807 McSkimming Road. B. The City of Aspen Engineering Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. 10 Board of Adjustment Resolution #__, Series of 2023 Page 2 of 3 Section 3: Parks Department All activity on 807 McSkimming Road must comply with all adopted regulations of the City of Aspen Parks Department. A. Parks will require tree protection fencing installed and inspected prior to allowing parking, construction dumpsters, retaining wall construction, and material staging. B. A tree removal permit must be obtained for the coniferous tree that will be removed from the construction staging area. C. The applicant shall submit plans at the time of the tree removal permit that show the offset mitigation for the tree removal. The mitigation shall be the planting of five (5) coniferous trees on the north section of the property above McSkimming Road. D. The City of Aspen Parks Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. Section 4: Planning Department A. If ownership changes during the construction of 813 McSkimming Road and during the construction staging at 807 McSkimming Road, a condition of approval will be verification that the new owner understands construction staging has been approved for 807 McSkimming Road and is authorized to continue until completion of the project at 813 McSkimming Road. Section 5: 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 6: 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 7: 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 8: 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 6th day of July, 2023. Approved as to form: Approved as to content: __________________________ ______________________________ Jim True, Andrew Sandler, Chair City Attorney 11 Board of Adjustment Resolution #__, Series of 2023 Page 3 of 3 Attest: _______________________________ Mike Sear, Deputy City Clerk 12 Exhibit A Construction Staging Variance – Review Criteria 807 McSkimming Road 26.314.040 – Variances B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision- making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a-c. Staff Response: Adequate noticing was provided for the request. Staff finds this criterion to be met. 2. A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconvenience. Staff Response: The applicant proposes to stage construction equipment on 807 McSkimming Road for the development of a single-family residential home at 813 McSkimming Road. 813 McSkimming Road has an approved building permit under permit number 0133-2021-BRES, for a new construction of a four-bedroom house on the undeveloped lot. The applicant proposes that construction staging at 807 McSkimming will result in the least impactful disruption through reducing the amount of earthwork that would need to be done at 813 McSkimming Road for construction and staging activities. This is due to the steep slopes that exist at 813 McSkimming Road. Practically the entire lot of 813 McSkimming Road is above 30% slopes, yet due to the zoning of R-15B there is no deduction for the steep slopes and 8040 Greenline is exempt. The applicant proposes building walls constructed of 6’ long waste blocks to create a temporary retaining wall at 807 McSkimming Road to minimize site disturbance on the lot. Staff finds this criterion to be met with conditions set by the Parks Department. 3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. Staff Response: 813 McSkimming Road and 807 McSkimming road are located at the end of a dead-end road. The construction staging equipment, materials, parking, and construction related activity will be wholly located on the 807 McSkimming Road property. Staff agrees that staging all of the necessary equipment on 813 McSkimming Road would hinder the construction on the constrained lot. This solution creates a viable alternative that minimizes the disruption of the normal neighborhood activities. Staff finds this criterion to be met. 4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. Staff Response: 813 McSkimming Road and 807 McSkimming road are under the same ownership. If ownership changes during construction, a separate building permit must be approved. A condition of 13 Exhibit A Construction Staging Variance – Review Criteria 807 McSkimming Road approval will be verification that the new owner understands construction staging has been approved for 807 McSkimming Road and is authorized to continue until completion of the project at 813 McSkimming Road. Staff finds this criterion to be met with conditions. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision-making body to ensure such restoration. Staff Response: The construction staging will utilize existing disturbed areas on site in addition to the creation of 6’ retention walls for the purpose of grading the site for construction staging. Parks has agreed that one tree shall be removed on obtaining a tree removal permit. The applicant shall submit plans at the time of the tree removal permit that show the offset mitigation for the tree removal. The mitigation shall be the planting of five (5) coniferous trees on the north section of the property above McSkimming Road. The City of Aspen Parks Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. The City of Aspen Engineering Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. Additionally, the applicant must submit an amount of $250,000 upon approval of the application and Board of Adjustment to the City of Aspen Engineering Department as financial security for the restoration, revegetation, and removal of retention walls on 807 McSkimming Road. Staff finds this criterion to be met with conditions. 14 forumphi.com | p. 970.279.4157 Aspen: 210 E. Hyman Ave., #202, Aspen, CO 81611 Carbondale: 36 N. 4th St., Carbondale, CO 81623 Denver: 1514 Blake St., #300, Denver, CO 80202 FORUM PHI | Board of Adjustments Written Description Project Address: 807 McSkimming Date: February 27, 2023 Applicant: Forum Phi, on behalf of Client: McLovin Aspen LLC 59 Walnut Ct, Englewood, NJ City of Aspen Community Development Department 427 Rio Grande Place, Main Floor Aspen, Colorado 81611 Re: 807 McSkimming Rd, Aspen, CO, Parcel # 273-717-201-004 Dear Director, The owner of 813 McSkimming Rd (Lot 15) and 807 McSkimming (Lot 14) is applying for a variance to construct a temporary staging platform on 807 McSkimming to support construction activity on 813 McSkimming, whose building permit application 2021-0133-BRES is currently under review. The existing site conditions on 813 McSkimming do not allow for initial construction staging due to steep slopes and no established vehicular access. These site constraints and hardships are the reason that we are requesting this variance to ensure that the construction activity located on 813 McSkimming is done in the least impactful manner, reducing the amount of earthwork on 813 McSkimming and allowing for a small portion of 807 McSkimming to be utilized for the preliminary construction and staging activities. We are proposing to use the existing road cut that was established for access to 807 McSkimming and ends at the eastern edge of 813 McSkimming prior to our involvement in this project. Refer to EXHIBIT R.2 for the right of way and access layout. Per municipal code section 26.314.030.b, authorized variances include permitted uses, but only to allow for the temporary off-site location of storage or materials, structures or equipment pursuant to building construction or construction staging. In Book 184, the Aspen Grove Subdivision Plat was approved in 1958 with Restrictive Covenants imposed for Block 3 in 1963. EXHIBITS A AND C. The 807 McSkimming site is bisected by the McSkimming Road right of way and is bound by Reception No. 562911 containing restrictive covenants that prohibit development to the north of the right of way. The temporary staging will be located south of the right of way and within the setbacks defined by the restrictive covenants. EXHIBITS B, R.2 and R.3. At the location of the temporary bench the existing slope of the site is between 30 and 40%, refer to the existing conditions survey. EXHIBIT R.2. The alterations necessary to a ccommodate the storage of materials on a property with such steep slopes include the addition of temporary walls constructed of 6’ long waste blocks to create temporary retaining walls on the uphill side of the bench, near the right of way. The waste blocks that define the southerly wall of the bench will be constructed to create a wall that is no more than six feet high. 15 2 There is one coniferous tree with a 6” caliper inside the extents of the proposed temporary staging bench, refer to the survey and site plan. A tree removal permit will be applied for if a variance for the staging area is granted. EXHIBITS R.2 AND R.3. The construction of the temporary staging bench will allow for proper emergency vehicle access to be maintained within the McSkimming right of way during construction. The 807 McSkimming site will be returned to its’ original condition through the following measures: Gravel and fill used to create the level surface will be hauled off site, waste blocks will be removed, and the s ite will be regraded to the original contours and revegetated. Thank you for your consideration in this matter. We look forward to your determination. EXHIBIT A – Reception No. 106773 EXHIBIT B – Reception No. 562911 EXHIBIT C – Lot 14 & 15 Aspen Grove Subdivision Plat EXHIBIT R.1 – Vicinity Map EXHIBIT R.2 – Survey EXHIBIT R.3 – Site Plan 16 17 18 19 R-15 R-15B R-15 HWY 82MCSKIMMING RDHWY 82MTN LAUREL DRNORTHWAY DRROARING FORK DRMTN LAUREL DRW LUPINE DRNORTHWAY DRWESTVIEW DR ASPEN GROVE RDARDMORE DRSKIMMING LNMCSKIMMING RDMCSKIMMING RDMCSKIMM ING RDMAY F LOW E R C T ARDM O R E C T ALICE LNARDMORE DRDate: 6/16/2021 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2021 City of Aspen GIS 0 230 460115 ft When printed at 8.5"x11" 4 Legend Zoning R-3 AH R/MF R/MFA R-6 R-15 R-15A R-15B R-30 RR L CL CC C-1 SCI NC MU SKI C OS P WP A PUB not zoned Driveways Roads Zoomed In Edge of Pavement Aspen City Limits UGB Water Line Zoomed In Water Poly Parcels Structures Scale: 1:4,000 City of Aspen GIS 20 ESEGRAVELDRIVEWAYLOT 13LOT 10LOT 9LOT 152.139± ACRES(VACANT)(LOT COVERED IN OAK SCRUB)15' UTILITY EASEMENTRECEPTIONNO. 116127EXISTING GRAVELDRIVEWAYBASIS OF BEARINGSPLAT= 265.01'S 81°04'00" E 265.09'FOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS28643FOUND 3-1/4" BLM BRASS CAPSECTION 17/18FOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS2864378.43'S11°02'29" W 1 3 1 . 9 2 ' PLAT=S11° 0 8 ' 0 4 " W 1 3 2 . 0 1 'N81°54'20"W 15.01'PLAT=N81°04'WS11°07'08"W 201.39'PLAT=S11°08'09"W 201.51'S85°45'59"W15.57'PLAT=S85°38'26"WFOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS28643S10°48'31"W 126.34'PLAT=S11°08'09"W 126.90'L=116.08'R=203.00'CH=N46°30'45"W 114.50'PLATL=112.08'CH=N45°34'00"W 110.66'N29°45'08"W 94.90'PLAT=N29°45'00"WFOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS28643FOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS20151FOUND REBAR & 1-1/4"ORANGE PLASTICCAP LS20151L=72.36'R=67.60'CH=N60°14'00"W 68.96'PLATL=72.19'CH=N60°15'58"W 68.81'12345671617891011121314ABOVE GROUNDUNKNOWN UTILITYLINE LOST IN SNOWOBSERVATIONDECKOBSERVATIONDECKU.S.FOREST SERVICESECTION 18SECTION 17ENTIRE SURFACE AREA OFLOT 15 IS A DRAINAGEEASEMENT FOR LOT 14RECEPTION NO. 551625NO STRUCTURES SOUTH OFEASEMENT FOR WATER LINESBOOK 204 PAGE 572S61°26'32"W1523.18'(TIE)CITY OF ASPENGPS MONUMENT#18PERMANENT PARKING EASEMENTFOR BENEFIT OF LOT 14RECEPTION NO. 538309DRAINAGESWALE20' WIDE UTILITY EASEMENTRECEPTION NO. 53830910' REAR SETBACKRESIDENTIAL DWELLING30' FRONT SETBACKPAVEDROADWAYSTONERETAININGWALLCONCRETERETAININGWALLWOODRETAININGWALLCONCRETEDRAINAGEPAN181920212223IVBOSW WATERLINE AIRRELEASE PIPED5' REAR SETBACK ACCESSORY BUILDINGS5' SIDE SETBACK 5' SIDE SETBACK 84408430842084108400839083808370836083508340833083208310830082908280827082608250824082308220821082008190818081808190 30' PRIVATE ACCESSROAD EASEMENT(EPARE)RECEPTION NO. 545865LANDSCAPE BARRIER AREAAS DEFINED INRECEPTION NO. 545865U.S.FOREST SERVICEBASIS OF BEARINGSPLAT= 147.38'S 81°04'00" E 147.22'81908200821082208230824082508260827082808290830083108320833083408350NO STRUCTURESNORTH OF EPARERECEPTION NO. 545865MCSKIMMINGROADL=15.99'R=122.90'CH=N55°03'52"W 15.98'PLATL=16.31'CH=N55°51'39"W 16.30'S02°46'51"E1753.69'(TIE)CITY OF ASPENGPS MONUMENT#19FOUND REBAR & 1-1/4"YELLOW PLASTICCAP LS23875LOT 141.30± ACRES(VACANT)(LOT COVERED IN OAK SCRUB)LOT 15FOUND REBAR & 1-1/4"YELLOW PLASTICCAP LS20151S19°4 2 ' 1 7 " W 3 5 0 . 8 5 ' PLAT = S 1 9 ° 4 3 ' 4 2 " E 3 5 0 . 8 2 'L=34.032'R=360.49'CH=S52°35'25"E 34.01'PLATL=33.69'CH=S52°14'28"E 33.68'S61°49'45"W 181.00'PLAT=S61°39'44"W 181.39'10' SETBACKRECEPTION NO. 5458657.5' SETBACKRECEPTION NO. 5458657.5' SETBACKRECEPTIONNO. 545865123456789101130' SETBACKPER ZONINGR-15BPLANTER(APPARENTENCROACHMENT)SPA ON DECK(APPARENTENCROACHMENT)WOODFENCEOSWPOWER POLEGUY ANCHORWATER SHUTOFFWATER LINESEWER LINETELEPHONE LINEGAS LINEOVERHEAD ELECTRIC LINE UNDERGROUND ELECTRIC LINE DYHSFIRE HYDRANTSANITARY MANHOLEELECTRICAL METERLEGENDESURVEYOR'S CERTIFICATIONSURVEY NOTES:5.THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALLINFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC.RELIED UPON TITLE COMMITMENT NO. 20004537 ISSUED BY ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC,EFFECTIVE DATE: AUGUST 28, 2020.6.ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCEDFROM NATIONAL GEODETIC SURVEY (NGS) STATION S 159 HAVING AN ELEVATION OF 7720.88.7.CONTOUR INTERVAL EQUALS 2 FOOT.8.UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC AND ARE FORPLANNING PURPOSES ONLY. PLEASE CONTACT COLORADO 811 PRIOR TO ANY DIGGING OR EARTHWORKCONSTRUCTION FOR UTILITY VERIFICATION.9.THE SUBJECT PROPERTY LIES IN ZONE X, AREAS OF MINIMAL FLOODING, ACCORDING TO FEMA FRIM MAP NO.08097C0358E DATED: AUGUST 15, 2019.10.SETBACKS SHOWN HEREON ARE PER DECLARATION OF RESTRICTIONS AND COVENANTS RECEPTION NO. 545865.SETBACK FROM MCSKIMMING LANE IS R-15B PER CITY OF ASPEN ZONING DISTRICT.LOT 14 - BLOCK 3, ASPEN GROVE SUBDIVISIONSECTIONS 17 & 18, TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOIMPROVEMENT &TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-119DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY25'12.5'50'SCALE: 1" = 25'NPROPERTY DESCRIPTION:0TREE TYPE SIZE DRIPTREE CHART126"8'7"16'CONIFEROUS34567891011CLEAN-OUTWATER VALVE BOXNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCEANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEYWITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THISSURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATEOF CERTIFICATION SHOWN HEREON.SITEVICINITY MAPASPENCONIFEROUSCONIFEROUS6"12'8"16'6"10'13"20'16"32'SLOPESCITYOFASPENIRRIGATION VALVE BOXIVBASPENASPENASPENASPENASPENASPENASPEN7"16'7"16'7"16'6"12'DATE: SEPTEMBER 27, 202121 UELUELUELUELUELUEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UELUELUELUELUELUELUELUELUELT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-C T-C T-C T-C T-C T-C T-C T-C T-C T-C T-CT-CsvcsasvcsasvcsasvcT-C T-CT-CT-C T-C GASGASGASGASGASGASGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS UEL UELUEL UEL UEL UE L UEL UELUELUELUELT-C T-CT-CT-C T-C T-C T-C T-C STBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKS TB K S TB K S TB K S TB KSTBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBKGASGASGASGASGASGASETCETCETCETC ETC ETC ETC WL SVC WL SVC WL SV C sasvcsasvcsasvcO E L O E L O T V O T V O T V O T V O T V O T V O T V O T V O T V O T V O T V o t o t o t o t o t o t o t o t o t(('LOT 14 ASPEN GROVE SUBDIVISION (807 MCSKIMMING ROAD) LOT 9 ASPEN GROVE SUBDIVISION (571 MCSKIMMING ROAD) LOT 10 ASPEN GROVE SUBDIVISION (785 MCSKIMMING ROAD) 15.0' UTILITY EASEMENT REC. NO. 116127 15.0' UTI L I T Y EASEME N T REC. NO. 1 1 6 1 2 7 30.0'ROWROAD EASEMENTREC. NO. 116127LOT 13 ASPEN GROVE SUBDIVISION 804 MCSKIMMING ROAD LOT 14 ASPEN GROVE SUBDIVISION (807 MCSKIMMING ROAD) LOT 15 ASPEN GROVE SUBDIVISION 813 MCSKIMMING ROAD (PROPOSED IMPROVEMENTS UNDER BUILDING PERMIT 0133-2021-BRES) PROPOSED EXTENSION OF MCSKIMMING ROAD SUBMITTED UNDER SEPARATE PERMIT FOR LOT 15. FINAL PAVING TO BE COMPLETED WITH 813 MCSKIMMING BUILDING PERMIT (0133-2021-BRES) TEMPORARY CONCRETE WASTE BLOCK WALL BY OTHERS (LESS THAN 6' HIGH) TO FACILITATE CONTRACTOR STAGING AREA. GRAVEL CONTRACTOR STAGING AREA TEMPORARY CONCRETE WASTE BLOCK WALL BY OTHERS (LESS THAN 6' HIGH) TO FACILITATE CONTRACTOR STAGING AREA.R10.0012.0'-2.0:1-2.0:1PROPOSED UTILITIES SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) 8245 8250 8255 8260 8265 8270 8275 8280 8285 8250 8255 8260 8265 8270 8275 8280 823 0 8235 8240 8240 8245 8250 8255 8260 826582708265 82 6 0 8254 8253 825482558256825 08255 8260 SMALL BOULDER WALL TO PROTECT EXISTING GUY WIRE SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) PROPOSED UTILITIES SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) EXISTING WATER QUALITY DETENTION STRUCTURES TO REMAIN. 8247 8252 PROVIDE INLET PROTECTION THROUGHOUT ALL PHASES OF CONSTRUCTION 8275SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL S C L S C L SC L SCL SCL SCL S C L S C L CONTRACTOR TO PROVIDE VEHICLE TRACKING PAD THROUGHOUT ALL PHASES OF CONSTRUCTION BOULDER WALL SUBMITTED WITH BUILDING PERMIT FOR LOT 15 (0133-2021-BRES) EXISTING TREES TO BE REMOVED PER TREE REMOVAL PERMIT FOR LOT 15 (0133-2021-BRES) OPRIS ES NGINEERING, LLC. CIVIL CONSULTANTS 31005.02JOB NO. DATE:2-1-23 502 MAIN STREET CARBONDALE, CO 81623 (970) 704-0311 FAX: (970)-704-0313 DATE REVISION C.1.01 DRAWING NO. TITLE G:\2021\31005.01 - 813 MCSKIMMING\CIVIL\CIVIL DWGS\PLOT\00 L14 LANDSCAPE & GRADING\31005.02-DRIVEWAY P&P.DWG - Feb 01, 2023 - 2:44pmLOT 14 CONTRACTOR STAGING YARD807 MCSKIMMING ROADASPEN, COLORADONORTH1 inch = ft. ( IN FEET ) GRAPHIC SCALE 010 10 20 10 405 BOARD OF ADJUSTMENT REVIEWBOARD OF ADJUSTMENT REVIEW2/1/23 FINAL GRADING & DRAINAGE NOTES: 1.EXISTING CONTOURS ILLUSTRATED HEREIN ARE AT 1 FT INTERVALS PROVIDED BY TRUE NORTH SURVEY DATED 9-17-2021. 2.PROPOSED CONTOURS ARE AT 1 FT INTERVALS. 3.GRADE LANDSCAPE AND HARDSCAPE SURFACES AROUND BUILDING PERIMETER AS NEEDED TO PROVIDE POSITIVE DRAINAGE AWAY FROM EXTERIOR WALLS. SURFACE RUNOFF TO BE DIRECTED TO STORMWATER TREATMENT/DETENTION FACILITIES AS DESCRIBED WITHIN PLANS & ASSOCIATED DRAINAGE STUDY INCLUDED WITHIN BUILDING PERMIT APPLICATION. GRADE TO YARD DRAINS AS FEASIBLE TO MITIGATE DRAINAGE IN LOW OR FLAT AREAS. 4.CONTRACTOR TO VERIFY GRADES ACROSS SITE TO ENSURE THAT THE INSTALLATION OF THE GRADING & DRAINAGE IMPROVEMENTS ARE IN COMPLIANCE WITH THE INTENT OF THE DESIGN RECOMMENDATIONS ILLUSTRATED HEREIN AND ON THE DRAINAGE PLAN. THE ENGINEER OF RECORD SHOULD BE MADE AWARE OF ANY EXISTING GRADES THAT MAY IMPEDE THE CONSTRUCTION OF THE GRADING AND DRAINAGE IMPROVEMENTS. 5.REFER TO ARCHITECTURAL AND MECHANICAL PLANS FOR INTERNAL ROUTING OF ROOF, TERRACE AND PATIO DRAINS/TRENCH DRAINS LOCATED ABOVE STRUCTURE. 6.THIS PROPERTY IS SITUATED IN ZONE "X" (AREA DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOD PLAIN) AS SHOWN ON THE FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A. FOR PITKIN COUNTY COLORADO, COMMUNITY-PANEL NUMBER 08097C0366E, EFFECTIVE DATE: AUGUST 15, 2019. 7.INSTALL INLET PROTECTION AT ALL AREA INLETS. 8.ANY BIO-RETENTION CELLS OR SAND FILTER BEDS SHALL BE PROTECTED DURING CONSTRUCTION. THIS CAN BE ACHIEVED BY PLACING FILTER FABRIC OVER THE FILTER MEDIA. 9.AT ALL TIMES DURING CONSTRUCTION AND UNTIL FINAL COMPLETION AND ACCEPTANCE OF THE WORK. THE CONTRACTOR SHALL PREVENT THE FORMATION OF AN AIRBORNE DUST NUISANCE IN SUCH A MANNER THAT IT WILL CONTAIN DUST PARTICLES TO THE IMMEDIATE AREA OF THE WORK. THE CONTRACTOR MUST PERFORM SUCH TREATMENT WITHIN 2 HOURS AFTER NOTIFICATION BY THE CITY THAT AN AIRBORNE DUST NUISANCE EXISTS. 10.THE CONTRACTOR MUST IMPLEMENT BEST MANAGEMENT PRACTICES (BMP's) TO MINIMIZE THE TRANSPORTATION OF SEDIMENT BEYOND THE LIMITS OF DISTURBANCE. 11.THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTION OPERATIONS TO THE AREA WITHIN THE LIMITS OF DISTURBANCE, THE CONTRACTOR SHALL NOT OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR CONSENT OF THE PROPERTY OWNER INVOLVED. 12.ALL EXISTING AND PROPOSED GATE VALVES AND MANHOLE COVERS MUST BE ADJUSTED SUCH THAT THE TOP IS SET 1 2" BELOW FINAL GRADE. 13.COMPACTION IN EXCAVATED AREAS SHALL BE 95% PERFORMED/PROVIDED IN ACCORDANCE WITH THE GEOTECHNICAL RECOMMENDATIONS. 14.CONTRACTOR SHALL PROTECT ALL EXISTING TREES THAT ARE TO REMAIN. A TREE PROTECTION PLAN MUST BE APPROVED BY CITY PARKS DEPARTMENT AND LANDSCAPE ARCHITECT PRIOR TO COMMENCING CONSTRUCTION. 15.THE UTILITIES AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION. 16.ALL SPOT ELEVATIONS AND GRADING CONCEPTS SHALL BE FIELD VERIFIED PRIOR TO CONSTRUCTION. ANY DEVIATIONS SHALL BE COORDINATED WITH THE ENGINEER OF RECORD AND LANDSCAPE ARCHITECT. 17.ALL GEOTECHNICAL RECOMMENDATIONS MUST BE ADHERED TO. 18.IT IS THE CONTRACTOR'S RESPONSIBILITY TO SCHEDULE INSTALLATION INSPECTIONS AND SCHEDULE/OBTAIN AS-BUILT SURVEY DATA DURING CONSTRUCTION OF ALL IMPROVEMENTS TO INCLUDE, BUT NOT LIMITED TO: STORM PIPE INVERTS AT ALL BENDS, INLETS, OUTFALLS, EXCAVATED DEPTHS OF WATER QUALITY TREATMENT AREAS AND UTILITY INFRASTRUCTURE. THE CONTRACTOR SHALL REFER TO THE CITY'S GRADING AND DRAINAGE CERTIFICATE REQUIREMENTS FOR FURTHER INFORMATION. THIS DOCUMENT IS REQUIRED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. SEDIMENT CONTROL LOG INSTALLATION NOTES SEDIMENT CONTROL LOG MAINTENANCE NOTES 6(&7,21$$ USE TWO STAKES 1 1/2 ' x 1 1/2 " x SUFFICIENT LENGTH TO EMBED AT LEAST 12" INTO SOIL AT EACH END OF LOG USE A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ORIENTATION THROUGHOUT THE SEDIMENTATION LOG. STAKE AT 90 DEG. TO EACH OTHER FEATURES REQUIRING PROTECTION 1.SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. 2.SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. 3.SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER. 4.NOT FOR USE IN CONCENTRATED FLOW AREAS. 5.THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2-INCHES. 1.THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 2.SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 1 2 THE HEIGHT OF THE CREST OF LOG. 3.SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND REVEGETATED/STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. SCALE: N.T.S. SEDIMENT CONTROL LOG DETAIL SEDIMENTATION LOG - 12" MIN. DIAMETER ,3 SCALE: N.T.S. TYPICAL CURB INLET PROTECTION DETAILSCL ,3 10' MIN 6" MIN COARSE AGGREGATE VEHICLE TRACKING NOTES 1.VEHICLE TRACKING SHALL EXTEND 40' MINIMUM ALONG CONSTRUCTION ACCESS. 2.ANY MUD OR DEBRIS TRACKED ONTO PAVED SURFACES SHALL BE CLEANED WITHIN 24 HOURS. 3.REPLACE AND/OR ADD AGGREGATE AS NEEDED TO PREVENT MUD AND DEBRIS FROM TRACKING ONTO PAVED SURFACES. 4.PRE MANUFACTURED TRACKING PADS SUCH AS "FODS" MAY BE CONSIDERED. ALL MANUFACTURER'S REQUIREMENTS FOR INSTALLATION SHALL BE FOLLOWED MIRAFI GEOTEXTILE FABRIC SCALE: N.T.S. TYPICAL VEHICLE TRACKING PAD DETAIL 97& 97& ,3 CURB ROCK SOCK INLET PROTECTION NOTES 1.PLACEMENT OF THE SOCK SHALL BE APPROXIMATELY 30 DEGREES FROM PERPENDICULAR IN THE OPPOSITE DIRECTION OF FLOW. 2.SOCKS ARE TO BE FLUSH WITH CURB AND SPACED A MINIMUM OF 5' APART. 3.AT LEAST TWO CURB SOCKS IN SERIES ARE REQUIRED UPSTREAM OF ON -GRADE INLETS. 4.CONCRETE CINDER BLOCKS SHALL BE LAID ON THEIR SIDES AROUND THE INLET IN A SINGLE ROW, ABUTTING ONE ANOTHER WITH THE OPEN END FACING AWAY FROM THE CURB 5.CATCH BASIN SEDIMENT TRAPS SUCH AS DANDY SACK OR SILTSACK ARE ACCEPTABLE ALTERNATIVES TO CINDERBLOCK/ROCKSOCKS AT INLET. 30° +/- CINDER BLOCKS AROUND PERIMETER OF INLET GRATE (HOLES FACING INLET) 6" ROCK SOCK, TYP. SEDIMENT CONTROL LOG AT TOP BACK OF CURB WHERE LANDSCAPING DRAINS TO CURB INLET. 2 SOCKS MINIMUM UPSTREAM OF INLET. 5' TYP. PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL7900 PROPOSED LEGEND PROPOSED WATER SERVICEWLSVC PROPOSED GAS ETC ETC GAS PROPOSED ELEC, TELE, CABLE PROPOSED SANITARY SERVICEsasvc EXISTING CONTOUR EXISTING CONTOUR INTERVAL7900 EXISTING LEGEND PROPOSED ELECTRICUELUEL EXISTING PROPERTY LINE EXISTING EASEMENT EXISTING GASGG EXISTING WATERWW EXISTING SANITARY SEWERSSSS MEMBER UTILITIES FOR THE MARKING OF UNDERGROUND BEFORE YOU DIG, GRADE, OR EXCAVATE CALL 2-BUSINESS DAYS IN ADVANCE .QRZZKDW V EHORZ EHIRUH\RXGLJ&DOO 5 PROPOSED CONCRETE WASTE BLOCK PROPOSED SEDIMENT CONTROL LOGSCL 22 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at https://library.municode.com/co/aspen/codes/municipal_code. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or email. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and staff time. Wlease recoŐniǌe that review of these materials does not substitute for a complete review of the Aspen >and hse ZeŐulations. thile this application packaŐe attempts to summariǌe the key provisions of the Code as they apply to your type of development͕ it cannot possibly replicate the detail or the scope of the Code. /f you have Ƌuestions that are not answered by the materials in this packaŐe͕ we suŐŐest that you contact the staff member assiŐned to your case͕ contact Wlanner of the ay ;ϵϳϬͲϰ2ϵͲ2ϳ6ϰ/plannerofthedayΛŐmail.comͿ͕ or consult the applicable sections of the Aspen >and hse Code. 23 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community evelopment for applications that normally take a minimal and predictable amount of staff time to process. Zeview fees for other City epartments reviewinŐ the application ;referral departmentsͿ also will be collected when necessary. &lat fees are cumulative͕ i.e.͕ an application with multiple flat fees must pay the sum of those flat fees. &lat fees are not refundable. A review fee deposit is collected by Community evelopment when more eǆtensive staff time is reƋuired. Actual staff time spent will be charŐed aŐainst the deposit. sarious City staff also may charŐe their time spent on the case in addition to the Case Wlanner. The deposit amount may be reduced if͕ in the opinion of the Community evelopment epartment irector͕ the proũect is eǆpected to take siŐnificantly less time to process than the deposit indicates. A determination on the deposit amount shall be made durinŐ the preͲapplication conference by the Case Wlanner. Hourly billinŐ shall still apply. All applications must include an AŐreement to Way Application &ees. One payment includinŐ the deposit for WlanninŐ and referral aŐency fees must be submitted with each land use application͕ made payable to the City of Aspen. Applications will not be accepted for processinŐ without the reƋuired fee;sͿ. The Community evelopment epartment shall keep an accurate record of the actual time reƋuired to process a land use application reƋuirinŐ a deposit. The City can provide a summary report of fees due at the applicant’s reƋuest. The applicant will be billed for the additional costs incurred by the City when the processinŐ of an application by the Community evelopment epartment takes more time or eǆpense than is covered by the deposit. Any direct costs attributable to a proũect review shall be billed to the applicant with no additional administrative charŐe. /n the event the processinŐ of an application takes less time than provided for by the deposit͕ the epartment shall refund the unused portion of the deposited fee to the applicant. &ees shall be due reŐardless of whether an applicant receives approval. hnless otherwise combined by the irector for simplicity of billinŐ͕ all applications for conceptual͕ final͕ and recordation of approval documents shall be handled as individual cases for the purpose of billinŐ. hpon conceptual approval͕ all billinŐ shall be reconciled͕ and past due invoices shall be paid prior to the irector acceptinŐ an application for final review. &inal review shall reƋuire a new deposit at the rate in effect at the time of final submission. hpon final approval͕ all billinŐ shall aŐain be reconciled prior to the irector acceptinŐ an application for review of technical documents for recordation. The Community evelopment irector may cease processinŐ of a land use application for which an unpaid invoice is ϯϬ or more days past due. hnpaid invoices of ϵϬ days or more past due may be assessed a late fee of ϭ.ϳϱй per month. An unpaid invoice of ϭ2Ϭ days or more may be subũect to additional actions as may be assiŐned by the Municipal Court ũudŐe. All payment information is public domain. All invoices shall be paid prior to issuance of a evelopment Order or recordation of development aŐreements and plats. The City will not accept a buildinŐ permit for a property until all invoices are paid in full. &or permits already accepted͕ any unpaid invoice of ϵϬ or more days may result in cessation of buildinŐ permit processinŐ or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 24 25 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) 26 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition ϱͿ Maximum Height 6Ϳ Front Setback ϳͿ Rear Setback ϴͿ Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 27 28 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE ϭ.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should complete to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. ϯ.Determination of Completeness. Within five ;ϱͿ working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. ϰ.Staff Review of Development Application. Once your application is determined to be complete͕ it will be reviewed by the staff for compliance with the applicable standards of the Code. urinŐ the staff review staŐe͕ the application will be referred to other aŐencies for comments. The Wlanner assiŐned to your case or the aŐency may contact you if additional information is needed or if problems are identified. ^taff will draft a memo for siŐnature by the Community evelopment irector that eǆplains whether your application complies with the Code͕ and will list any conditions that should apply if the application is to be approved. &inal approval of any evelopment Application that amends a recorded document͕ such as a plat͕ aŐreement͕ or deed restriction͕ will reƋuire the applicant to prepare an amended version of that document for review and approval by staff. ^taff will provide the applicant with the applicable contents for the revised plat. The City Attorney is normally in charŐe of the form for recorded aŐreements and deed restrictions. te suŐŐest that you not Őo to the trouble or eǆpense of preparinŐ these documents until the staff has determined that your application is eliŐible for the reƋuested amendment or eǆemption. 5. Board Review of Application. /f a public hearinŐ is reƋuired for the land use action that you are reƋuestinŐ͕ the WlanninŐ staff will schedule a hearinŐ date for the application upon determination that the application is complete. The hearinŐ;sͿ will be scheduled before the appropriate reviewinŐ board;sͿ. The applicant will be reƋuired to mail notice ;one copy provided by the Community evelopment epartmentͿ to property owners within ϯϬ feet of the subũect property and post notice ;siŐn available at the Community evelopment epartmentͿ of the public hearinŐ on the site at least fifteen ;ϭϱͿ days prior to the hearinŐ date. ;Wlease see Attachment 6 for instructions.Ϳ The WlanninŐ staff will publish notice of the hearinŐ in the paper for land use reƋuests that reƋuire publication. The WlanninŐ staff will then formulate a recommendation on the land use reƋuest and draft a memo to the reviewinŐ board;sͿ. ^taff will supply the applicant with a copy of the WlanninŐ staff’s memo͕ approǆimately five ;ϱͿ days prior to the hearinŐ. The public hearinŐ;sͿ will take place before the appropriate review boards. Wublic hearinŐs include a presentation by the WlanninŐ staff͕ a presentation by the applicant ;optionalͿ͕ consideration of public comment͕ and the reviewinŐ board’s Ƌuestions and decision. (Continued on next page) 29 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. /f the land use review is approved͕ then the WlanninŐ staff will issue a evelopment Order͕ which allows the applicant to submit a buildinŐ permit application. ϳ.Receipt of Building Permit. Once you have received a copy of the siŐned staff approval͕ you may apply for a buildinŐ permit. urinŐ this time͕ your proũect will be eǆamined for its compliance with the hniform uildinŐ Code. /t also will be checked for compliance with applicable provisions of the >and hse ZeŐulations that were not reviewed in detail durinŐ the land use case review. ;This miŐht include a check of floor area ratios͕ setbacks͕ parkinŐ͕ open space and the likeͿ. /mpact fees for water͕ sewer͕ parks͕ and employee housinŐ will be collected as part of the permittinŐ process. Any document reƋuired to be recorded͕ such as a plat͕ deed restriction͕ or aŐreement͕ will be reviewed and recorded before a buildinŐ permit application is submitted. 30 PRE-APPLICATION CONFERENCE SUMMARY PRE-22-128 DATE: November 21, 2022 PLANNER: Luis Prado, Luis.prado@aspen.gov, 970-319-4592 PROJECT ADDRESS: 807 McSkimming PARCEL ID#: 273717201004 OWNER: MCLOVIN ASPEN LLC REPRESENTATIVE: Sara Upton, supton@forumphi.com, 970.948.9667 DESCRIPTION: The subject property is located in the R-15B district. The lot is vacant, owned by the same owner as 813 McSkimming, which is adjacent to 807 McSkimming. 807 McSkimming is zoned R-15B and is exempt from 8040 Greenline Review, per Sec 26.435.030: 8040 Greenline Review. The property owner is interested in using 807 McSkimming as a temporary staging area during the development of the 813 McSkimming property, currently ongoing under permit number 0133-2021- BRES. Section 26.314.030 authorizes the Board of Adjustment to grant a variance for permitted uses to “allow for the temporary off-site location or storage of materials, structures or equipment pursuant to building construction or staging.” The request for a variance to the permitted uses for construction staging will consider the following review criteria from the Aspen Municipal Code section 26.314.040.b: In order to authorize a variance from the permitted uses of Title 26, the appropriate decision- making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060(e)(3)a.—c. 2. A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconvenience. 3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 4. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision-making body to ensure such restoration. 31 RELEVANT ASPEN MUNICIPAL CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.314 Variances 26.710.070 Moderate-Density Residential (R-15B) For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REQUIRED LAND USE REVIEW(S): • Permitted Use: Temporary Construction Staging REVIEW BY: • Staff for determination of complete application and recommendation • Board of Adjustment for decision PUBLIC HEARING: • Yes REFERRALS: Yes, Engineering and Parks PLANNING FEES: $1,950 for 6 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) REFERRAL AGENCIES FEE: $325 – Engineering deposit for 1 hour of staff time (Additional hours will be billed at a rate of $325/hr.) $975 – Parks Flat fee TOTAL DEPOSIT: $3,250 APPLICATION CHECKLIST – Please submit a copy of the following to Bob Narracci in a single PDF document via email: ¨ Completed Land Use Application and signed fee Agreement. ¨ Pre-application Conference Summary (this document). ¨ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. ¨ Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ¨ HOA Compliance form. 32 ¨ An 8 ½” by 11” vicinity map locating the parcel within the City of Aspen. ¨ Site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. ¨ Construction Management Plan specific to 807 McSkimming including additional plans on how the proposed staging will not adversely impact the existing terrain, native vegetation, and slope of the property. ¨ A proposed site plan showing the extent of the area proposed for storage and a narrative of the alterations that would be necessary to accommodate the storage of materials on a property with such steep slopes. ¨ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approval associated with the property. While complete architectural drawings for the proposed work are not required, the applicant must adequately demonstrate the need for variances and the location of the variances with a scaled site plan. Once the application is deemed complete by staff, the applicant will be notified accordingly to submit the application fee deposit. In the event that any additional information or clarification is required, the applicant will be advised. 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. 33 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN 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,First American Title Insurance Company, a Colorado Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. If this jacket was created electronically, it constitutes an original document. 34 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1.DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. 35 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5030000 (1-31-17)ALTA Commitment for Title Insurance (8-1-16) (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. 36 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5033708-A (4-9-18)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent:Winter Van Alstine Issuing Office:Attorneys Title Insurance Agency of Aspen, LLC Issuing Office's ALTA® Registry ID: 1019587 Loan ID No.: Commitment No.:21004802 Issuing Office File No.:21004802 Property Address:807 & 813 McSkimming Lane, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: January 17, 2023 at 12:00 AM 2. Policy or Policies to be issued: Amount Premium A.ALTA Owners Policy (06/17/06)$0.00 $0.00 Proposed Insured:TBD Certificate of Taxes Due $0.00 Endorsements: Additional Charges:$0 Total $0.00 3. The estate or interest in the land described or referred to in this Commitment is Fee simple. 4. The Title is, at the Commitment Date, vested in: McLovin Aspen LLC, a Colorado limited liability company 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO For informational purposes only, the property address is: 807 & 813 McSkimming Lane, Aspen, CO 81611. 37 SCHEDULE A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5033708-A (4-9-18)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule A Attorneys Title Insurance Agency of Aspen, LLC By: Winter Van Alstine Authorized Officer or Agent FOR INFORMATION PURPOSED OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970 925-7328, Fax: 970 925-7348. 38 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5030008-BI&BII (5-18-17)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII Commitment No: 21004802 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6.Evidence that all assessments for common expenses, if any, have been paid. 7.Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company 8.Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from McLovin Aspen LLC, a Colorado limited liability company to TBD, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9.Release of the Construction Deed of Trust from McLovin Aspen LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County for the benefit of Timberline Bank to secure an indebtedness in the principal sum of $15,843,750.00, and any other amounts and/obligations secured thereby, dated August 15, 2022, and recorded August 16, 2022 as Reception No. 689635. 10.Release of the UCC Financing Statement from Ray Spitzley, debtor, to Timberline Bank, the secured party, recorded August 16, 2022, as Reception No. 689637. 11.Record a Statement of Authority to provide prima facie evidence of existence of McLovin Aspen LLC, a Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172. 39 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 7 of 17 Disclosure Statement (5-1-15) Colorado 12.A copy of the properly signed and executed Operating Agreement if written, for McLovin Aspen LLC, a Colorado limited liability company, to be submitted to the Company for review. 13.Certificate of Good Standing from the Colorado Secretary of State for McLovin Aspen LLC, a Colorado limited liability company. 14.Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 15.This Title Commitment is subject to underwriter approval. 40 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American 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; 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. Form 5030008-BI&BII (5-18-17)ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Commitment No.: 21004802 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment 6.Any and all unpaid taxes, assessments and unredeemed tax sales. 7.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8.Any water rights, claims of title to water, in, on or under the Land. 9.Taxes and assessments for the year 2022 and 2023, and subsequent years, a lien not yet due or payable. 41 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 9 of 17 Disclosure Statement (5-1-15) Colorado 10.Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit claimed or known to exist and any other terms, conditions, provisions, agreements and obligations specified in the United States Patent dated November 18, 1896, and recorded June 17, 1949, in Book 175 at Page 243, as Reception No. 096477. 11.Any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit claimed or known to exist and any other terms, conditions, provisions, agreements and obligations specified in the United States Patent dated October 18, 1894, and recorded June 17, 1949, in Book 175 at Page 246, as Reception No. 096480. 12.Terms, conditions, provisions, agreements and obligations specified under the Resolution dated June 2, 1958, and recorded August 12, 1958, in Book 184 at Page 468, as Reception No. 106773. 13.Any and all notes, easements and recitals as disclosed on the recorded Plat of Block 3 and Lots 7 & 11 (Amended) Block 2, Aspen Grove Subdivision, recorded September 3, 1963, in Plat Book 2A at Page 291, as Reception No. 116127. 14.Terms, conditions, provisions, agreements and obligations specified under the Restrictive Covenants for Aspen Grove Subdivision Block 3, dated November 12, 1963, and recorded November 12, 1963, in Book 204 at Page 566, as Reception No. 116601. 15.Terms, conditions, provisions, agreements and obligations specified under An Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on April 27, 1987, Commonly Known as the "Aspen Grove/Eastwood/Knollwood Subdvision (Exclusive of Block 4)" Ordinance No. 28 (Series of 1987) recorded July 22, 1987, in Book 541 at page 979, as Reception No. 291234. 16.Any and all notes, easements and recitals as disclosed on the recorded Aspen Grove - Eastwood - Knollwood Annexation Plat recorded July 22, 1987, in Plat Book 19 at Page 97, as Reception No. 291233. 17.Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the City of Aspen Zoning Approximately 79 acres of land Known as the Aspen Grove Subdivision, Eastwood Subdivision, Knollwood Subdivision Exclusive of Knollwood, Block 4 More Particularly Described on Exhibit "A" Attached Hereto, Also Known as the Aspen Grove / Eastwood / Knollwood Annexation Area: Generally Located East of the Salvation Ditch and North of State Highway 82, The City of Aspen, Pitkin county, Colorado to R-15B, Ordinance No. 26 (Series of 1987) recorded October 1, 1987, in Book 547 at Page 191, as Reception No. 293405. 18.Terms, conditions, provisions, agreements and obligations specified under the Notice of Declaration, dated November 27, 1989, and recorded November 29, 1989, in Book 608 at Page 646, as Reception No. 317701. 19.Terms, conditions, provisions, agreements and obligations specified under the Declaration of Restrictive Covenants, dated June 28, 2006, and recorded June 29, 2006, as Reception No. 525902. 20.Any and all notes, easements and recitals as disclosed on the recorded Boundary Survey Map recorded February 15, 2007, as Reception No. 534552. 21.Any and all notes, encroachments, easements and recitals as disclosed on the recorded Lot Line Adjustment Plat of Lots 14 & 15 Block 3, Aspen Grove Subdivision, recorded May 29, 2007, in Plat Book 84 at Page 10, as Reception No. 538309, and Vacation of Parking Easement dated December 13, 2022, and recorded December 15, 2022, as Reception No. 692044. 42 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI & BII (Cont.) Form 50-CO-Disclosure (4-1-16)Page 10 of 17 Disclosure Statement (5-1-15) Colorado 22.Terms, conditions, provisions, agreements and obligations specified under the Declaration of Restrictions and Covenants, dated December 10, 2007, and recorded January 15, 2008, as Reception No. 545865, and Re-recorded to Include Omitted Exhibits, re-recorded September 21, 2009, as Reception No. 562911. 23.Terms, conditions, provisions, agreements and obligations specified under the Easement Grant and Agreement, dated August 1, 2008, and recorded August 5, 2008, as Reception No. 551625. 24.Terms, conditions, provisions, agreements and obligations specified under the Revocable Encroachment License with the City of Aspen dated May 14, 2007, and recorded July 6, 2007, as Reception No. 539664; and the Revocable Encroachment License, recorded March 31, 2010, as Reception No. 568092 (affecting Lot 14 only). 25.Terms, conditions, provisions, agreements and obligations specified under the Settlement Agreement and Mutual Release dated August 15, 2019. 26.Any loss or damage due to the following matters as disclosed on the Improvement Survey Plat, provided by High Country Engineering, Inc., dated July 29, 2019, as Project No. 2191660 (Lot 14 Aspen Grove): 1. Rights of others to use that portion of Mc Skimming Road traversing the Land; 2. Viewing deck encroaching into 7.5’ side setback; 3. Encroachment of wood deck, hot tub, planter, wood retaining wall and rock garden onto Lot 14 from Lot 13; 27.Any loss or damage due to the following matters as disclosed on the Improvement Survey Plat, provided by High Country Engineering, Inc., dated July 29, 2019, as Project No. 2191660 (Lot 15 Aspen Grove): 1. Planter encroaching into the 20’ Utility Easement. 28.Any and all notes, encroachments, easements and recitals as disclosed on the Improvement Survey Plat recorded February 24, 2020, in Plat Book 128 at Page 16 as Reception No. 663010. 29.Terms, conditions, provisions, agreements and obligations specified under the Notice of Approval approved by the Community Development Director on August 17, 2021, and recorded August 17, 2021, as Reception No. 679586. 30.Terms, conditions, provisions, agreements and obligations specified under the Declaration of Easement dated December 13, 2022, and recorded December 15, 2022, as Reception No. 692043. 31.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 43 Form 5000000-EX (7-1-14)Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: 21004802 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: PARCEL A: Lot 14, Block 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof filed for record in Plat Book 2A at Page 291, as Reception No. 116127, and the Lot Line Adjustment Plat of Lots 14 & 15, Block 3, Aspen Grove Subdivision, recorded May 29, 2007, in Plat Book 84 at Page 10, as Reception No. 538309, Pitkin County, Colorado. PARCEL B: Lot 15, Block 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof filed for record in Plat Book 2A at Page 291, as Reception No. 116127, and the Lot Line Adjustment Plat of Lots 14 & 15, Block 3, Aspen Grove Subdivision, recorded May 29, 2007, in Plat Book 84 at Page 10, as Reception No. 538309, Pitkin County, Colorado. 44 Form 50-CO-Disclosure (4-1-16)Page 12 of 17 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. 45 Form 50-CO-Disclosure (4-1-16)Page 13 of 17 Disclosure Statement (5-1-15) Colorado NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. 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 an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 46 TELEPHONE 970 925-7328 FACSIMILE 970 925-7348 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 West Main Street, Suite 202 Aspen, CO 81611 Attorneys Title Insurance Agency of Aspen, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates, from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen, LLC. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on application or other forms. Information about your transactions we secure from out files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customer to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 47 48 49 50 51 Construction Management Plan 807 McSkimming Rd HENDRICKSON CONSTRUCTION INC 52 Construction Management Plan 807 McSkimming Rd, Aspen CO 81611 1.0 General Total square feet of soil disturbed is (6000 sf ) Total square feet of Building Footprint N/A 2.0 Project Introduction 2.2 Disturbance Area: Total Project disturbance area is 6 000 sf. Proper shoring and protection will be used throughout the project to mitigate impacts from excavation. 2.3 Location: 807 McSkimming Rd, CO 81611. See Appendix A for Project Vicinity Map 2.4 Description/Background Information: Construction of a temporary platform at 807 McSkimming Road ROW for the purpose of staging construction materials, dumpsters and parking during the construction of the residence at 813 McSkimming, permit number 0133-2021-BRES. The platform is intended to be constructed of waste blocks to a height of less than 6’. The slope of the site sets the area where a 6’ tall wall can be set and defines the extents of the staging area. Waste blocks and fill will be removed once construction is complete at 813 McSkimming, and the site will be returned to it s original condition. Construction Type V -B Occupancy Group Storage 3.0 Project Documentation. 3.1 Permit Types, Permit #s. TBD 3.2 Public/Project Notification. The project specific Construction Management Plan will be presented at the preconstruction meeting. The CMP will address the project representative, project schedule and estimated impact to applicable parties. All parties within 300 ft will be notified a minimum 10 days prior to commencement of work. 3.4 Project Sign. Project sign shall be posted according to City Municipal Code 26.510.030B4. See Appendix B for sign draft. 3.5 Contact List: Owner: McLovin Aspen LLC 53 Aspen, CO 81611 Contractor: Hendrickson Construction Inc 130 Primrose Path Aspen, CO 81611 Contact: Shaun Kennedy (970) 948-4424 Project Manager: Elisabeth White (970) 618-4805 Site Supervisor: Shaun Kennedy (970) 948-4424 Architect: Forum Phi: Sara Upton (970) 948-9667 4.0 Project Implementation 4.1 Dates of Construction: Date of permit issue plus two weeks to mobilize, approx 4 weeks to construct. 4.2 Hours of Construction: 7:30 am - 5:30 pm Daily M-F and 9:00 am – 5:00 pm Saturday when Necessary. A noise suppression plan is required for all activity that generates noise in excess of 80 decibels and this activity is restricted to operation between 9am and 5pm Monday through Friday Holidays and various non -working days set forth by the City of Aspen will be followed. 4.3 Construction Sequence-Schedule: Schedule includes excavation work to provide access and construct staging area. 4.4 Adjacent Property Owners: Adjacent Properties will be notified of the construction two weeks prior to start. 4.5 Construction Fencing. Site fencing, rockfall protection and sound fencing to be installed. 54 4.6 Public Health and Welfare. All care will be taken by project proponents to protect the public health and welfare, including dust control, noise control, and site maintenance. 4.7 Natural Environment. All tree and natural resource protection measures is identified in the Plan and will be in place prior to the commencement of any construction or demolition activities. Fencing will be installed outside the drip line of trees. 5.0 Site and ROW Management Plan 5.1 ROW Management Plan – minimal equipment and personnel will be required to be on site during this stage of the project, no ROW will be impacted. 5.2 Emergency Vehicle Access and Ordinance 35. Ordinance 35 will be adhered to, emergency access at the property will be maintained at all times. 5.3 Construction Parking Details. Minimal vehicles will be on site during this time, but will park on areas of Lot 14 while constructing the staging area 5.4 Staging Areas. Minimal Materials will be needed, but all will be brought in when needed for construction of staging area. Any materials that need to stay on site will be staged in a safe area that does not impact access. 5.5 ROW Limitations. No ROW storage requirements. 5.6 Construction Trailer, Materials Storage and Waste Managment Waste management will be handled by bear proof waste carts placed on site. Construction materials will be taken by dump trailer during this phase of construction. 6.0 Traffic Control 6.1 General. All traffic control operations shall be managed by the designated certified traffic control supervisor 6.2 Haul Routes. See attached plan in Appendix C. 6.3 Onsite Vehicle Limitations. All vehicles proposed to be used will qualify for road vehicle weight and height limitations. 6.4 Delivery requirements. Trips will be coordinated to ensure that only one large truck will be onsite at any given time. Delivery vehicles will not be allowed to idle for more than 5 mins per City of Aspen Vehicle Idling regulations 6.5 Traffic Control Plan. There are no bus stops or school bus stops that will be impacted. No road impacts are anticipated during this phase of construction 7.0 Pedestrian Protection The project will comply with pedestrian safety per City code 21.04.060,MUTCD Chapter 6D, the Americans with Disability Act, and IBC Chapter 33. 55 8.0 Sediment & Stormwater Control 8.1 General. All necessary Best Management Practices (BMP’s) will be in place and maintained in order to minimize sediment leaving the perimeter of our jobsite. Primary strategies include: • Avoid unnecessary site disturbance • Maintain Grading; install silt fences and sediment traps prior to any soil disturbance • Due to the limited space available on site, a tracking pad will be impractical. Screened rock and geotextile fabric will be lined along our excavation ramp. • Concrete washout will be done back into the concrete trucks due to lack of space. • Spills will be captured into hard plastic “kiddie” pools and allowed to dry, then placed in a site trash receptacle. • All pathways into site will be lined with screened rock over geotextile fabric. 8.2 Smuggler Mountain Restrictions. Do not apply. 9.0 Fugitive Dust Control Plan The project will avoid unnecessary site disturbance and keep a hose and spray nozzle available to mitigate born dust. 10.0 Emissions 10.1 General. The project intends to comply with City Code. 10.2 Emissions for Diesel Powered Engines. The project intends to comply with City Code. 11.0 Noise Suppression 11.1 General. The project intends to comply with City Code. 11.2 Noise Suppression Plan. Contractor will follow City Code. 11.3 Requirements for activities exceeding 70 decibels. The Project intends to comply with City Code. Notices will be posted to advise workers and sub -contractors of noise requirements. 11.4 Specific restrictions related to manufacturing on site. It is not proposed that any manufacturing will occur on site. 56 12.0 Enforcement 12.1 City Construction Mitigation Officer. The project intends to comply with City Code. 12.2 Corrective Action. The project intends to comply with City Code. 12.3 Inspection Reports. The project intends to comply with City Code. 13.0 CONSTRUCTION MITIGATION COMMITTEE - The project is not applying for any exemptions 57 UELUELUELUELUELUEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UEL UELUELUELUELUELUELUELUELUELT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-CT-C T-C T-C T-C T-C T-C T-C T-C T-C T-C T-CT-CsvcsasvcsasvcsasvcT-C T-CT-CT-C T-C GASGASGASGASGASGASGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS UEL UELUEL UEL UEL UE L UEL UELUELUELUELT-C T-CT-CT-C T-C T-C T-C T-C STBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKSTBKS TB K S TB K S TB K S TB KSTBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBK5'STBKGASGASGASGASGASGASETCETCETCETC ETC ETC ETC WL SVC WL SVC WL SV C sasvcsasvcsasvcO E L O E L O T V O T V O T V O T V O T V O T V O T V O T V O T V O T V O T V o t o t o t o t o t o t o t o t o t(('LOT 14 ASPEN GROVE SUBDIVISION (807 MCSKIMMING ROAD) LOT 9 ASPEN GROVE SUBDIVISION (571 MCSKIMMING ROAD) LOT 10 ASPEN GROVE SUBDIVISION (785 MCSKIMMING ROAD) 15.0' UTILITY EASEMENT REC. NO. 116127 15.0' UTI L I T Y EASEME N T REC. NO. 1 1 6 1 2 7 30.0'ROWROAD EASEMENTREC. NO. 116127LOT 13 ASPEN GROVE SUBDIVISION 804 MCSKIMMING ROAD LOT 14 ASPEN GROVE SUBDIVISION (807 MCSKIMMING ROAD) LOT 15 ASPEN GROVE SUBDIVISION 813 MCSKIMMING ROAD (PROPOSED IMPROVEMENTS UNDER BUILDING PERMIT 0133-2021-BRES) PROPOSED EXTENSION OF MCSKIMMING ROAD SUBMITTED UNDER SEPARATE PERMIT FOR LOT 15. FINAL PAVING TO BE COMPLETED WITH 813 MCSKIMMING BUILDING PERMIT (0133-2021-BRES) TEMPORARY CONCRETE WASTE BLOCK WALL BY OTHERS (LESS THAN 6' HIGH) TO FACILITATE CONTRACTOR STAGING AREA. GRAVEL CONTRACTOR STAGING AREA TEMPORARY CONCRETE WASTE BLOCK WALL BY OTHERS (LESS THAN 6' HIGH) TO FACILITATE CONTRACTOR STAGING AREA.R10.0012.0'-2.0:1-2.0:1PROPOSED UTILITIES SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) 8245 8250 8255 8260 8265 8270 8275 8280 8285 8250 8255 8260 8265 8270 8275 8280 823 0 8235 8240 8240 8245 8250 8255 8260 826582708265 82 6 0 8254 8253 825482558256825 08255 8260 SMALL BOULDER WALL TO PROTECT EXISTING GUY WIRE SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) PROPOSED UTILITIES SUBMITTED AND APPROVED UNDER SEPARATE LANDSCAPE & GRADING PERMIT FOR LOT 15. (0009-2022-LAND) EXISTING WATER QUALITY DETENTION STRUCTURES TO REMAIN. 8247 8252 PROVIDE INLET PROTECTION THROUGHOUT ALL PHASES OF CONSTRUCTION 8275SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL SCL S C L S C L SC L SCL SCL SCL S C L S C L CONTRACTOR TO PROVIDE VEHICLE TRACKING PAD THROUGHOUT ALL PHASES OF CONSTRUCTION BOULDER WALL SUBMITTED WITH BUILDING PERMIT FOR LOT 15 (0133-2021-BRES) EXISTING TREES TO BE REMOVED PER TREE REMOVAL PERMIT FOR LOT 15 (0133-2021-BRES) OPRIS ES NGINEERING, LLC. CIVIL CONSULTANTS 31005.02JOB NO. DATE:2-1-23 502 MAIN STREET CARBONDALE, CO 81623 (970) 704-0311 FAX: (970)-704-0313 DATE REVISION C.1.01 DRAWING NO. TITLE G:\2021\31005.01 - 813 MCSKIMMING\CIVIL\CIVIL DWGS\PLOT\00 L14 LANDSCAPE & GRADING\31005.02-DRIVEWAY P&P.DWG - Feb 01, 2023 - 2:44pmLOT 14 CONTRACTOR STAGING YARD807 MCSKIMMING ROADASPEN, COLORADONORTH1 inch = ft. ( IN FEET ) GRAPHIC SCALE 010 10 20 10 405 BOARD OF ADJUSTMENT REVIEWBOARD OF ADJUSTMENT REVIEW2/1/23 FINAL GRADING & DRAINAGE NOTES: 1.EXISTING CONTOURS ILLUSTRATED HEREIN ARE AT 1 FT INTERVALS PROVIDED BY TRUE NORTH SURVEY DATED 9-17-2021. 2.PROPOSED CONTOURS ARE AT 1 FT INTERVALS. 3.GRADE LANDSCAPE AND HARDSCAPE SURFACES AROUND BUILDING PERIMETER AS NEEDED TO PROVIDE POSITIVE DRAINAGE AWAY FROM EXTERIOR WALLS. SURFACE RUNOFF TO BE DIRECTED TO STORMWATER TREATMENT/DETENTION FACILITIES AS DESCRIBED WITHIN PLANS & ASSOCIATED DRAINAGE STUDY INCLUDED WITHIN BUILDING PERMIT APPLICATION. GRADE TO YARD DRAINS AS FEASIBLE TO MITIGATE DRAINAGE IN LOW OR FLAT AREAS. 4.CONTRACTOR TO VERIFY GRADES ACROSS SITE TO ENSURE THAT THE INSTALLATION OF THE GRADING & DRAINAGE IMPROVEMENTS ARE IN COMPLIANCE WITH THE INTENT OF THE DESIGN RECOMMENDATIONS ILLUSTRATED HEREIN AND ON THE DRAINAGE PLAN. THE ENGINEER OF RECORD SHOULD BE MADE AWARE OF ANY EXISTING GRADES THAT MAY IMPEDE THE CONSTRUCTION OF THE GRADING AND DRAINAGE IMPROVEMENTS. 5.REFER TO ARCHITECTURAL AND MECHANICAL PLANS FOR INTERNAL ROUTING OF ROOF, TERRACE AND PATIO DRAINS/TRENCH DRAINS LOCATED ABOVE STRUCTURE. 6.THIS PROPERTY IS SITUATED IN ZONE "X" (AREA DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOD PLAIN) AS SHOWN ON THE FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A. FOR PITKIN COUNTY COLORADO, COMMUNITY-PANEL NUMBER 08097C0366E, EFFECTIVE DATE: AUGUST 15, 2019. 7.INSTALL INLET PROTECTION AT ALL AREA INLETS. 8.ANY BIO-RETENTION CELLS OR SAND FILTER BEDS SHALL BE PROTECTED DURING CONSTRUCTION. THIS CAN BE ACHIEVED BY PLACING FILTER FABRIC OVER THE FILTER MEDIA. 9.AT ALL TIMES DURING CONSTRUCTION AND UNTIL FINAL COMPLETION AND ACCEPTANCE OF THE WORK. THE CONTRACTOR SHALL PREVENT THE FORMATION OF AN AIRBORNE DUST NUISANCE IN SUCH A MANNER THAT IT WILL CONTAIN DUST PARTICLES TO THE IMMEDIATE AREA OF THE WORK. THE CONTRACTOR MUST PERFORM SUCH TREATMENT WITHIN 2 HOURS AFTER NOTIFICATION BY THE CITY THAT AN AIRBORNE DUST NUISANCE EXISTS. 10.THE CONTRACTOR MUST IMPLEMENT BEST MANAGEMENT PRACTICES (BMP's) TO MINIMIZE THE TRANSPORTATION OF SEDIMENT BEYOND THE LIMITS OF DISTURBANCE. 11.THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTION OPERATIONS TO THE AREA WITHIN THE LIMITS OF DISTURBANCE, THE CONTRACTOR SHALL NOT OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR CONSENT OF THE PROPERTY OWNER INVOLVED. 12.ALL EXISTING AND PROPOSED GATE VALVES AND MANHOLE COVERS MUST BE ADJUSTED SUCH THAT THE TOP IS SET 1 2" BELOW FINAL GRADE. 13.COMPACTION IN EXCAVATED AREAS SHALL BE 95% PERFORMED/PROVIDED IN ACCORDANCE WITH THE GEOTECHNICAL RECOMMENDATIONS. 14.CONTRACTOR SHALL PROTECT ALL EXISTING TREES THAT ARE TO REMAIN. A TREE PROTECTION PLAN MUST BE APPROVED BY CITY PARKS DEPARTMENT AND LANDSCAPE ARCHITECT PRIOR TO COMMENCING CONSTRUCTION. 15.THE UTILITIES AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION. 16.ALL SPOT ELEVATIONS AND GRADING CONCEPTS SHALL BE FIELD VERIFIED PRIOR TO CONSTRUCTION. ANY DEVIATIONS SHALL BE COORDINATED WITH THE ENGINEER OF RECORD AND LANDSCAPE ARCHITECT. 17.ALL GEOTECHNICAL RECOMMENDATIONS MUST BE ADHERED TO. 18.IT IS THE CONTRACTOR'S RESPONSIBILITY TO SCHEDULE INSTALLATION INSPECTIONS AND SCHEDULE/OBTAIN AS-BUILT SURVEY DATA DURING CONSTRUCTION OF ALL IMPROVEMENTS TO INCLUDE, BUT NOT LIMITED TO: STORM PIPE INVERTS AT ALL BENDS, INLETS, OUTFALLS, EXCAVATED DEPTHS OF WATER QUALITY TREATMENT AREAS AND UTILITY INFRASTRUCTURE. THE CONTRACTOR SHALL REFER TO THE CITY'S GRADING AND DRAINAGE CERTIFICATE REQUIREMENTS FOR FURTHER INFORMATION. THIS DOCUMENT IS REQUIRED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. SEDIMENT CONTROL LOG INSTALLATION NOTES SEDIMENT CONTROL LOG MAINTENANCE NOTES 6(&7,21$$ USE TWO STAKES 1 1/2 ' x 1 1/2 " x SUFFICIENT LENGTH TO EMBED AT LEAST 12" INTO SOIL AT EACH END OF LOG USE A STAKE EVERY 24" AT ALTERNATE 90 DEGREE ORIENTATION THROUGHOUT THE SEDIMENTATION LOG. STAKE AT 90 DEG. TO EACH OTHER FEATURES REQUIRING PROTECTION 1.SEE PLAN VIEW FOR: LOCATION OF SEDIMENT CONTROL LOG. 2.SEDIMENT CONTROL LOGS SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITIES. 3.SEDIMENT CONTROL LOGS SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR OR COCONUT FIBER. 4.NOT FOR USE IN CONCENTRATED FLOW AREAS. 5.THE SEDIMENT CONTROL LOGS SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF 2-INCHES. 1.THE SWMP MANAGER SHALL INSPECT SEDIMENT CONTROL LOGS DAILY, DURING AND AFTER ANY STORM EVENT & MAKE REPAIRS OR CLEANOUT UPSTREAM SEDIMENT AS NECESSARY. 2.SEDIMENT ACCUMULATED UPSTREAM OF SEDIMENT CONTROL LOGS SHALL BE REMOVED WHEN THE UPSTREAM DEPTH IS WITHIN 1 2 THE HEIGHT OF THE CREST OF LOG. 3.SEDIMENT CONTROL LOGS SHALL BE REMOVED AT THE END OF CONSTRUCTION, ONCE PROPER VEGETATION HAS BEEN ESTABLISHED. IF ANY DISTURBED AREA EXISTS AFTER REMOVAL IT SHALL BE COVERED WITH TOPSOIL AND REVEGETATED/STABILIZED IN A MANNER APPROVED BY THE LOCAL JURISDICTION. SCALE: N.T.S. SEDIMENT CONTROL LOG DETAIL SEDIMENTATION LOG - 12" MIN. DIAMETER ,3 SCALE: N.T.S. TYPICAL CURB INLET PROTECTION DETAILSCL ,3 10' MIN 6" MIN COARSE AGGREGATE VEHICLE TRACKING NOTES 1.VEHICLE TRACKING SHALL EXTEND 40' MINIMUM ALONG CONSTRUCTION ACCESS. 2.ANY MUD OR DEBRIS TRACKED ONTO PAVED SURFACES SHALL BE CLEANED WITHIN 24 HOURS. 3.REPLACE AND/OR ADD AGGREGATE AS NEEDED TO PREVENT MUD AND DEBRIS FROM TRACKING ONTO PAVED SURFACES. 4.PRE MANUFACTURED TRACKING PADS SUCH AS "FODS" MAY BE CONSIDERED. ALL MANUFACTURER'S REQUIREMENTS FOR INSTALLATION SHALL BE FOLLOWED MIRAFI GEOTEXTILE FABRIC SCALE: N.T.S. TYPICAL VEHICLE TRACKING PAD DETAIL 97& 97& ,3 CURB ROCK SOCK INLET PROTECTION NOTES 1.PLACEMENT OF THE SOCK SHALL BE APPROXIMATELY 30 DEGREES FROM PERPENDICULAR IN THE OPPOSITE DIRECTION OF FLOW. 2.SOCKS ARE TO BE FLUSH WITH CURB AND SPACED A MINIMUM OF 5' APART. 3.AT LEAST TWO CURB SOCKS IN SERIES ARE REQUIRED UPSTREAM OF ON -GRADE INLETS. 4.CONCRETE CINDER BLOCKS SHALL BE LAID ON THEIR SIDES AROUND THE INLET IN A SINGLE ROW, ABUTTING ONE ANOTHER WITH THE OPEN END FACING AWAY FROM THE CURB 5.CATCH BASIN SEDIMENT TRAPS SUCH AS DANDY SACK OR SILTSACK ARE ACCEPTABLE ALTERNATIVES TO CINDERBLOCK/ROCKSOCKS AT INLET. 30° +/- CINDER BLOCKS AROUND PERIMETER OF INLET GRATE (HOLES FACING INLET) 6" ROCK SOCK, TYP. SEDIMENT CONTROL LOG AT TOP BACK OF CURB WHERE LANDSCAPING DRAINS TO CURB INLET. 2 SOCKS MINIMUM UPSTREAM OF INLET. 5' TYP. PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL7900 PROPOSED LEGEND PROPOSED WATER SERVICEWLSVC PROPOSED GAS ETC ETC GAS PROPOSED ELEC, TELE, CABLE PROPOSED SANITARY SERVICEsasvc EXISTING CONTOUR EXISTING CONTOUR INTERVAL7900 EXISTING LEGEND PROPOSED ELECTRICUELUEL EXISTING PROPERTY LINE EXISTING EASEMENT EXISTING GASGG EXISTING WATERWW EXISTING SANITARY SEWERSSSS MEMBER UTILITIES FOR THE MARKING OF UNDERGROUND BEFORE YOU DIG, GRADE, OR EXCAVATE CALL 2-BUSINESS DAYS IN ADVANCE .QRZZKDW V EHORZ EHIRUH\RXGLJ&DOO 5 PROPOSED CONCRETE WASTE BLOCK PROPOSED SEDIMENT CONTROL LOGSCL 58 &HUWLILFDWHRI&RPSOHWLRQ 7+,6$&.12:/('*(67+$7 (OLVDEHWK:KLWH+HQGULFNVRQ &RQVWUXFWLRQ +$668&&(66)8//<&203/(7(' 7+(&,7<2)$63(1&216758&7,210$1$*(0(17&2856( &,7<2)$63(1(1*,1((5,1*'(3$570(17 '$7( 59 60 61 62 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 807 McSkimming Road, Aspen, CO 81611 SCHEDULED PUBLIC HEARING DATE: July 6th, 2023 STATE OF COLORADO ) ) ss. County of Pitkin ) I./(r;,.-fh,i;/1 / LJ;ald (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: __ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. __ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26)inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _15_ day of _February_, 2021_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. __ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Exhibit C - Public Notice Affidavit 63 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendmenf. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this {"}day of \-\204_,by l/rolhnv" a fr.:13ros WITNESS MY HAND AND OFFICIAL SEAL My commission expires:t\l - 3ts -16 2s\ ,/\ al(2-^A-*- Ansyr(n Notary Publii 0 S AS APPLICABLE:o COPY OF THE PaBLICATIONo PHOTOGRAPH OF THE POSTED NOTICE (SIGN)o LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL o APPLICANT CERTIFICATION OF MINER,/IL ESTATE OIYNERS NOTICE AS REQUTRED By C.R.S. 524-65.5-103.3 V tz0z-0e-t0 sal uolssr 09gr00r0z0z # opB.lo vr^o9ls 3dnlvcvn0 N nd iretoN alels G U LADA U P E s tJE o A o oHNotauPtyb Sta €o Co lo d oNoD#tary 202040 043 0a M c m m lssto n Ex 0fes -30 64 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273717201004 on 05/31/2023 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 65 ASPEN GROVE CEMETERY ASSOC ASPEN, CO 81611 624 NORTH ST BAYM FAMILY LLLP URBANA, IL 61801 708 W DELAWARE AVE CASSIDY ANNIE C & COLEY P ASPEN, CO 816112264 766 MCSKIMMING RD CROCKETT RUFUS ASPEN, CO 81612 PO BOX 3837 FOX KATHERINE T DENVER, CO 80209 3550 BELCARO LN JIRANEK PAMELA MILLER ASPEN, CO 81612 PO BOX 4863 KARING LLC RENO, NV 89511 5390 KIETZKE LN # 202 KLING WILLIAM H REV TRUST SARASOTA, FL 34236 246 MORNINGSIDE DR MAYER PAULINE M ASPEN, CO 81612 0628 MCSKIMMING RD MCLOVIN ASPEN LLC ENGLEWOOD, NJ 07631 59 WALNUT CT RED TABLE INITIAL LLC DENVER, CO 80202 1312 17TH ST #543 SHANNON JOEL I & MARGARET B HOUSTON, TX 77254 PO BOX 540165 SINGER 2019 GIFT TRUST SAVANNAH, GA 31401 513 W JONES ST SUPPLEE PAMELA MILLER ASPEN, CO 81612 PO BOX 4863 SUPPLEE ROBIN BILLINGS ASPEN, CO 81612 PO BOX 4863 SUPPLEE SHELLEY BAKER ASPEN, CO 81612 PO BOX 4863 USDA FOREST SERVICE CARBONDALE, CO 81623 ASPEN-SOPRIS RANGER DISTRICT 620 MAIN ST ZINTERHOFER AERIN NEW YORK, NY 10151 745 5TH AVE 27TH FL 66 67 782 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). 68 782 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). 69 782 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 70 782 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 71 782 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 Exhibit D – Public Comment 72 782 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: 73 782 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 74 782 McSkimming Road BOA Resolution #____, Series 2023 Page 3 of 5 Exhibits: Exhibit A: Approved Site Plan and Renderings Exhibit B: Engineering Department Memo 75 782 McSkimming Road BOA Resolution #____, Series 2023 Page 4 of 5 Exhibit A: Approved Site Plan and Renderings 76 782 McSkimming Road BOA Resolution #____, Series 2023 Page 5 of 5 Exhibit B: Engineering Department Memo 77 Board of Adjustment 782 McSkimming Road – Dimensional Variances Page 1 of 2 Exhibit A – Proposed Site Plan 78 Board of Adjustment 782 McSkimming Road – Dimensional Variances Page 2 of 2 79 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: 80 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 81 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. 82 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. 83 300 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 84 782 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 85 782 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. 86 782 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 87 782 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. 88 782 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 89 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. 90 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 91 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. 92 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. 93 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 94 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 95 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 96 300 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 97 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 98 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 99 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:Q62013594-3 100 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. 101 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: Q62013594-3 102 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: Q62013594-3 103 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) 104 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) 105 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. 106 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) 107 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) 108 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 109 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 110 1 Exhibit 7 111 2 • • •           112 3 113 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 8 114 782 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 115 782 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. 116 782 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 117 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 8.1 118 EXHIBIT “A” PROPOSED VACATE AREA (GREEN) 119 Exhibit 9 120 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 10 121 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 122 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 123 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 124 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 N125 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 126 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"127 782 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 128 300 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 129 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 10.1130 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 131 EXISTING PARKING STRUCTURE TO REMAIN. APPROX. 5 FT. HEIGHT AT MAXIMUM POINT VIEW 1 EXISTING SHARED DRIVEWAY ENTRY 132 VIEW 2 EXISTING RETAINING STRUCTURE TO REMAIN AT SHARED DRIVEWAY ENTRY NEW DRIVEWAY AND RETAINING WALL STRUCTURE 133 VIEW 3 EXISTING PARKING STRUCTURE TO REMAIN. 134 May 31, 2023 Via Regular U.S. Mail and email to jeffrey.bar nhill@aspen.gov and bob.narracci@aspen.gov Jeffrey Barnhill, Zoning Enforcement Officer Bob Narricci, Zoning Administrator City of Aspen Community Development Department Aspen City Hall 427 Rio Grande Place Aspen, CO 81611 Re.: Renewed Objection to Request for Front Yard Setback Variance at 782 McSkimming Road, Lot 12, Block 3, Aspen Grove Subdivision Dear Messrs. Barnhill and Narricci: On behalf of my client Rufus Crockett, owner of 804 McSkimming Road, Lot 13, Block 3, Aspen Grove Subdivision (“Lot 13”), I am writing to formally register Mr. Crockett’s renewed objection to the above referenced variance request. Introduction and Summary of Objection. This property was the subject of a prior front yard setback variance request dated November 23, 2021, as submitted by BendonAdams on behalf of the property owner. Mr. Crockett submitted his written objection to this variance application by letter to the City of Aspen Community Development Department dated March 11, 2022, and that variance application was subsequently withdrawn by the applicant for unknown reasons. The owner of the property now renewed its request for this variance to the property’s applicable front yard setback requirements. This renewed variance request is nearly identical to the prior, 2021 request, and the application is scheduled for final review by the Board of Adjustment on June 1, 2023. There are no material changed circumstances to the property or the project that are evident from this renewed application. Accordingly, Mr. Crockett hereby submits his renewed objection to a front yard variance at this property. The grounds for this variance do not constitute a justifiable hardship to the applicant and do not satisfy the legal criteria to grant a variance. The consequential impacts of any reduction in the setbacks within this residential community as requested by this applicant would have meaningful negative impacts on the several immediately adjacent homes (including Mr. Crockett’s neighboring Lot 12 home) and establish a harmful precedence for future development in the Aspen Grove Subdivision. No hardship is demonstrated, the criteria to grant a variance are not met, and alternatives to a variance are available. As such, we respectfully renew our request that this latest variance request be denied. 135 2 Argument and Analysis. Red Table Initial LLC, as owner of 782 McSkimming Road, Lot 12, Block 3, Aspen Grove Subdivision (“Lot 12”) submitted a request for variance to the applicable 30-foot front yard setback requirements on November 23, 2021. Red Table Initial seeks to redevelop the existing residence on Lot 12 and in so doing reduce the 30 foot setback to 15 feet. Red Table Initial asserts that this variance to reduce the setback is necessary in order prevent the new home from being “perched” above the neighboring properties and prevent the need to serve the home with a driveway of approximately 32 percent slope. These putative bases relied on by this applicant are unsound and do not constitute a legitimate hardship that justify a variance on this property. Alternative development designs are readily available to the applicant that would obviate any need for a variance. Moreover, the grounds relied on by Red Table Initial for this variance constitute so-called “hardships” of its own making that could otherwise be completely avoided. We object to any grant of a variance and respectfully that Red Table Initial’s request to reduce any applicable set back requirement on Lot 12 be denied. Reference to the specific review standard applicable to this variance application is in order. As the applicant correctly points out, Aspen’s Municipal Code requires the appropriate decision-making body, here the Board of Adjustment, make a determination that three circumstances exist in order to grant a variance. As asserted below, these criteria under the Code are not met in this case, and I address each in turn. 1. The Variance Serves the Legitimate Rights and Reasonable Expectations of Property Owners – Not Satisfied. The grant of a variance must be generally consistent with the purposes, goals, objectives and policies of the Municipal Code and its Title 26. Title 26, at 26.104.020, identifies a key development factor as “the legitimate rights and reasonable expectations of property owners.” Here, the existing and applicable setback requirements are 30 feet from the edge of the road serving the residence. This is a requirement that has been uniformly complied with by all owners within Aspen Grove Subdivision, and for good reason. The nature of this Subdivision is intended to preserve the sense of privacy, its rural setting, and its wooded views along the roadway. The 30 foot setback is intended to prevent homes from being placed directly on the roadway in plain sight, the very objective the applicant claims it seeks to avoid. On the contrary, grant of the variance would render that very result by placing the home 15 feet closer to the road. The Code provision cited above addresses the “legitimate rights and reasonable expectations of property owners.” Red Table Initial acquired and owns Lot 12 with full knowledge that a host of restrictions are in place regarding development, including the setback requirements. It is deemed to 136 3 have agreed to such restrictions, and as such has no legitimate right or reasonable expectation that it should be exempt from any such restriction. Moreover, these rights and expectation apply to all neighboring homeowners, not just Red Table Initial. Here, other homeowners have acquired and developed their Aspen Grove lots knowing these setback restrictions apply, and they have honored them with the expectation that all other owners will also abide. Two notable examples of such compliance, despite the steep terrain in this area, are worth noting. First is 785 McSkimming, Lot 10, just across the road from Lot 12. The residence on Lot 10, like Lot 12, is also located on a steep slope. In order for the owner of Lot 10 to build their residence and comply with the setback requirements, they were required to build a 36 foot gangplank-type bridge access to the home’s primary entryway. See Ex. A, photo enclosed herein. The owners of Lot 10 could have likewise sought a variance based on some “hardship” argument and built their home at the edge of the road to avoid this awkward entry point – but they did not. Instead, they knew that they acquired their Lot 10 with the setback requirement in place, and they designed a solution to comply with that setback requirement. Similarly, at Lot 13, Mr. Crockett was faced with the same steep slope conditions that exist on Lot 12. These conditions presented costly design challenges at Lot 13 that compromised development options of his new residence. Mr. Crockett could likewise have sought a variance from the 30 foot setback requirement, again involving some “hardship argument.” Instead, like the owners of Lot 10, Mr. Crockett acknowledged that he acquired his property with existing restrictions including these setback limits that had to be honored, and he excavated the slope of his Lot 13 in order to meet both the setback and height requirements. The result was a home that is sub-grade for a significant portion of its square footage (with diminished views) and a roof line at the rear of the home that nearly touches the ground due to the steep slopes. See Ex. B, photo enclosed herein. These are two examples of owners within the Aspen Grove Subdivision who understood and complied with the various development requirements applicable throughout the subdivision, intended to preserve the character and feel of the Subdivision. These owners all have an expectation that all their neighbors will honor these setback restrictions in order to preserve the integrity and nature of their Subdivision. Red Table Initial should not be treated any differently or given special treatment by the City. Red Table Initial should not be permitted a variance that subverts these neighboring homeowners’ rights and expectations regarding any development on Lot 12, an explicit and key consideration under Aspen’s Land Use Code. Indeed, Staff’s own most recent comments to this variance request note that “a variance request is the opposite of consistent dimensional limitations of a zone district. Any variance from those set dimensional limitations contrasts with the purpose of that zone district.” Staff Report, p. 4 (emphasis added). As noted, other owners within this same zone district, facing similar constraints of steep slopes at their lots, each satisfied the zonings dimensional requirements without a variance – and they have an expectation that this owner will similarly meet those same constraints in order to preserve the purposes for which those setback requirements exist under the Code in the first place. Owners have legitimate expectation that the City will consistently and fairly enforce its Code when the only so-called “hardship” is one created and self-imposed by the applicant itself. 137 4 Finally, we are aware of other pending development applications throughout the Aspen Grove Subdivision. If Lot 12 were to receive a variance based on “hardships” of its own making, other developers are sure to follow suit. And once a Lot within the Subdivision is granted a variance, the City will be hard pressed to deny a second, third, and every other application that is submitted. The Board of Adjustment should not allow this dangerous precedent to be set where no legitimate hardship exists, and further undermine the legitimate rights and expectations of all owners within the Aspen Grove Subdivision. 2. Grant of the Variance is the Minimum Variance That Will Make Possible the Reasonable Use of the Parcel – Not Satisfied. Red Table Initial argues that strict application of the 30 foot setback would mean that the new residence “pushes the development up the hillside, creating a hardship.” This is not accurate. As noted above in the case of Lot 13, greater excavation into the hillside of Lot 12 in its current location would allow the residence to meet both the setback and height restrictions without need of a variance. Appropriate excavation also eliminates any argument that the home would be “perched” above the neighboring Lots. The proposed house could readily be redesigned to make the mass and scale more compact within the hillside and comply with both the southern (roadway) the western (Lot 13) property lines. Review of the proposed development plans for the new home show that the bulk of the entryway into the new home consists of a large auto court. This large auto court and the location of the garage appear to be driving the need for a variance. However, if no variance is granted and Red Table Initial is obliged to comply with the Code required setbacks, the solution – by necessity – will actually eliminate the steep driveway issue that the applicant claims to be the hardship in the first place. In sum, the current variance request by Red Table Initial ignores reasonable alternative designs that could totally avoid the so-called “hardships” that its application relies on. It is essentially coming to a nuisance and through its own proposed redevelopment of the Lot, creating its own hardship – then asking this Board and the City to endorse its conduct. This does not serve the spirit of Aspen’s Land Use Code or the letter of its variance criteria. 3. Literal Interpretation and Enforcement of the Setback Requirements Would Deprive the Applicant of Rights Commonly Enjoyed By Other Similar Parcels Due to Special Conditions of the Parcel Not Resulting From Actions of the Applicant – and the Variance Would Not Convey Special Privileges – Not Satisfied. As demonstrated above, this condition under the Code for granting a variance is simply not met. Lot 12 presents no unique physical features or development restrictions that nearly every other Lot in Aspen Grove Subdivision does not similarly face and has resolved without a variance. The fact remains that Lot 12 is largely identical to both Lot 10 and Lot 13 in terms of its slope characteristics, which both Lots 10 and 13 have overcome without a variance. Furthermore, alternative designs are 138 5 available to the applicant at Lot 12 that would avoid any need for a variance. Just as Lot 10 and Lot 13 did not seek a variance given similar site conditions, Lot 12 should redesign its proposed development so as to comply with all setback requirements. The so-called “hardship” that Red Table Initial claims is unique to its Lot 12 arises entirely from its own development proposal – not a unique feature of Lot 12 itself. Granting a variance under these circumstances would be the very definition of a grant of “special privileges,” and doing so would certainly not be overlooked by future Lot owners seeking to create similar, fabricated “hardships” in order to erode longstanding setback requirements intended to preserve the values and integrity of the Aspen Grove Subdivision. In summary, approval of any variance to the setback requirement under these circumstances would ignore the criteria applicable to any variance. Red Table Initial cannot meet any of these codified benchmarks under its current application or its design proposal as justifications of hardship. Approval would deny neighboring owners their rights and reasonable expectations as to the consistent and fair application of the City’s Code requirements. Approval in this case would also be the “thin edge of the wedge,” and redefine how hardship applications for a variance as a whole are treated going forward throughout the Aspen Grove Subdivision, eroding standards that owners heretofore have complied with for decades. We respectfully renew our request that Red Table Initial’s variance application reducing front yard setbacks applicable to Lot 12 be denied. We request that this objection be delivered to the City of Aspen Board of Adjustment prior to the scheduled hearing and be made part of the record of this application and review. Sincerely, Daniel J. Sullivan, Esq. | Peck.Feigenbaum.pc s/ Daniel J. Sullivan By______________________________ cc: Client 139 140 141 258 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 142 258 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). 143 258 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 144 258 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: 145 258 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 146 258 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. 147 258 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 148 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 3 of 4 Exhibit A – Approved Site Plan 149 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 4 of 4 150 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 1 of 2 Exhibit A – Proposed Site Plan 151 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 2 of 2 152 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: 153 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 154 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. 155 300 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 156 258 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 157 258 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. 158 258 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 159 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 160 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. 161 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. 162 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. 163 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. 164 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 165 ® 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 166 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 167 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 37 168 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 169 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. 170 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 171 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 172 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) 173 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) 174 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. 175 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) 176 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) 177 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 178 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 179 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 180 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. 181 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. 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" <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 183 GARAGE 258 ROARING FORK DR SCHEMATIC DESIGN 11.15.22 Exhibit 2 BOA Application Form 184 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" 185 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 186 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 187 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 4 188