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AGENDA ASPEN BOARD OF ADJUSTMENT August 3, 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 - 7/6/23 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #___, Series of 2023_258 Roaring Fork Drive - Request for Setback Variance VI.OTHER BUSINESS VII.BOARD REPORTS VIII.ADJOURN minutes.boa.20230706_DRAFT.docx Final 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 1 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT July 6th, 2023 Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m. Commissioners in attendance: Jim Farrey, Collin Frank, Ashley Feddersen, Andrew Sandler Commissioners not in attendance: Rick Head and Tim Sack Staff present: Jeff Barnhill, Planner II Haley Hart, Long Range Planner Bob Narracci, Zoning Administrator Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Staff Comments:None Commissioner comments: None Declaration of Conflicts of Interest:None Minutes: Mr. Frank motioned to approve the minutes from 2/16/23 & 6/1/23. Mr. Sandler seconded. Roll call vote: Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sandler, yes. All in favor, motion passes. PUBLIC HEARING: 807 McSkimming Road – Construction Staging Variance Ms. Johnson asked staff and the applicant to confirm that public notice was posted at the address and was mailed. Ms. Hart said it was noticed per Code for today’s hearing. Staff Presentation – Haley Hart, Long Range Planner Ms. Hart stated the applicant as McLovin Aspen LLC, represented by Sara Upton from Forum Phi and introduced Bob Narracci, Zoning Administrator for the City. She introduced the item and went over some details about the lot. The objective is for 807 McSkimming Road to be a construction staging area for the development of a single-family home on the lot directly to the west, which is 813 McSkimming Rd. She stated that the 813 lot already has an approved building permit and both properties are under the same ownership. The application states that the extreme steep slopes on the 807 property makes for reasonable evidence to have an off-site staging area. She then went over some history of the neighborhood and the creation of the R-15B zone district. Next, she detailed that applicant’s proposal for the development of the staging area including the construction of temporary retaining walls and using the existing road cut. She then stated that staff finds that the application meets the review criteria for a construction staging variance is recommending BOA approve the requested land use review with the conditions included in the resolution. There were no questions from the board members. PUBLIC COMMENTS: None BOARD DISCUSSION: The members all said it was a straightforward application and agreed with staff’s recommendation. 3 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT July 6th, 2023 MOTION:Mr. Farrey moved to approve Resolution #2, Series of 2023 granting approval for the Construction Staging Variance with the conditions in the resolution. Ms. Feddersen seconded. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in favor, motion passes. PUBLIC HEARING: 782 McSkimming Road – Request for Setback Variance Ms. Johnson stated that notice was provided for this hearing per the Land Use Code as it was originally set to occur on June 1st but was opened and continued to this meeting due to a lack of a quorum. Mr. Barnhill introduce the item and turned it over to Mr. Chris Bendon representing the applicant. Applicant Presentation –Chris Bendon – Bendon Adams Mr. Bendon started his presentation and introduced the applicant, Daniel Baker, and his wife Jennifer Baker. He then described the property and noted a code amendment from 2010 that changed how setbacks were measured which affects this property. The change moved the point of measurement of the 30-foot setback from the middle of the road to the edge of it. He mentioned that the applicant currently has a demolition permit to demolish the existing structure and redevelop the property. If they use the currently required setback, now measured from the edge of the private road it pushes the house up the hill to where the driveway would be at a 32 percent grade. He showed a few images of the property, pointing out the property line and the required 30-foot setback. He noted that if the house is required to be at the 30-foot setback, it would render it inaccessible and it would end up looming over the rest of the neighborhood. He also noted a 15-foot-wide waterline easement between this property and the neighbor’s, equating to 7.5 feet on each property, that the City wanted to widen to 15 feet on each property. The house was subsequently redesigned to accommodate the wider easement. He noted that they were in talks with the City to allow for a snowmelt system for the driveway, as it is usually not allowed above a waterline. He referenced a similar setback variance request made by a neighbor, Mr. Crockett, that was granted by the County Board of Adjustment in 1987. Mr. Bendon then let Mr. Baker introduce himself and go over why they are here. Staff Presentation –Jeff Barnhill – Planner II Mr. Barnhill started his presentation referencing the information in the agenda packet. He went over some history of the property and the requested front yard setback variance. He showed the existing conditions. Mr. Frank asked if the existing house meets the current required setbacks, to which Mr. Barnhill said he was not exactly sure, but that it would be close. Mr. Barnhill went on to note the existing required front yard setback of 30 feet and that the applicant is requesting a 15-foot setback variance. There were no variance requests for the side or rear yard setbacks. He also noted that the variance would also allow the proposed retaining walls for the driveway to be built a little taller. He then detailed the encumbrances on the property and mentioned that the expanded water easement would be a benefit to the community. Next, he went over the review criteria for this variance request. He said that staff recommends the BOA approve the request with the conditions in the resolution. He noted that staff is usually 4 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT July 6th, 2023 pretty tough on variances, but the combination of the steep slopes and the expanded waterline easement is why they are recommending approval. Mr. Farrey asked for some more clarity on the proposed driveway. Mr. Bendon provided some context related to the height of the retaining walls for the driveway. PUBLIC COMMENTS: Mr. Danny Sullivan stated that he and his client, Rufus Crockett, are objecting to this variance as they believe the hardship is caused by the design of the building and is one of the applicant’s own creation. He said part of the review should be to see if there were adequate alternatives to the design. He described some details of the reasoning for their objection. There was then some discussion of the details of the variance that Mr. Crockett was granted in 1987. Mr. Sullivan said that they felt that there were other ways to design the house to avoid moving the house from where it is, which is currently in compliance with the setbacks, to a more perched location over Mr. Crockett’s house. He went over a few ideas to accomplish this. He mentioned that other owners in the neighborhood had, to the greatest extent possible, designed to meet the setbacks. Mr. Crockett said that the BOA would be setting a precedent for the many other properties in the neighborhood that would potentially be teardowns in the future if they were to grant this variance request. Mr. Sandler closed the public comment portion and allowed the applicant to respond. Mr. Bendon mentioned the amicable relationship between the applicant and surrounding neighbors, including Mr. Crockett. He also mentioned that Poss Architecture is a very skilled firm and had looked over many construction options. He noted that if they were made to comply with the 30- foot setback the resulting driveway would be at a 32 percent grade, which is impractical. He noted some of the issues with the idea of digging down the slope to accommodate the driveway and setbacks. He also noted that the variance granted to Mr. Crockett was a 15-foot variance and included very similar language to this variance request. Mr. Sullivan responded by noting that there is an existing house on the property that complies with the setbacks. He again said he did not think the variance request meets the review criteria. Ms. Feddersen asked if a representative from Poss Architecture could explain if there were any other design options that may require less of a variance. Mr. Mike Hamberg said that they had looked at many alternatives, but the main issue was the steepness of the driveway and how to fit the auto court on the site. He also mentioned that by code they are only allowed to dig down so deep. BOARD DISCUSSION: Mr. Sandler said that it was nice to hear the language from the 1987 variance request. Mr. Frank commented that as an architect himself, your first thought is not to go for a variance and is actually something you try to avoid. He was very confident in the staff at Poss Architecture and that digging a big hole or perching the house way up the hill to comply with the required setback is not good site design. He understood Mr. Crockett’s concerns but did see a hardship on the site and thought this project qualified for a variance. MOTION:Mr. Sandler moved to approve Resolution #3, Series of 2023 granting approval for the Request for Setback Variance with the conditions in the resolution. Mr. Frank seconded. Roll 5 REGULAR MEETING ASPEN BOARD OF ADJUSTMENT July 6th, 2023 call vote:Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in favor, motion passes. PUBLIC HEARING: 258 Roaring Fork Drive – Request for Setback Variance MOTION:Mr. Sandler moved to continue this item to August 3rd at 4:30pm at the request of the applicant. Mr. Farrey seconded. Roll call vote:Mr. Farrey, yes; Mr. Frank, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in favor, motion passes. ADJOURN:Ms. Feddersen motioned to adjourn the meeting. Mr. Sandler seconded. All in favor, motion passes. _____________________ Mike Sear, Deputy Clerk 6 258 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 7 258 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). 8 258 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 9 258 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: 10 258 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 11 258 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 August 3, 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. 12 258 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 3rd day of August, 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 13 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 3 of 4 Exhibit A – Approved Site Plan 14 258 Roaring Fork Drive BOA Resolution #___, Series 2023 Page 4 of 4 15 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 1 of 2 Exhibit A – Proposed Site Plan 16 Board of Adjustment 258 Roaring Fork Drive – Dimensional Variances Page 2 of 2 17 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: 18 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 19 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. 20 300 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 21 258 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 22 258 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. 23 258 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 24 Exhibit 1 Review Criteria page 1 Response to Review Standards: Section 26.314.040.A – In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code. RESPONSE Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations and development standards for properties in the City of Aspen. The purpose of Title 26, stated in 26.104.020 includes the analysis of various development factors “and the legitimate rights and reasonable expectations of property owners.” The property is zoned for single-family development and the owner has a legitimate and reasonable expectation to be able to develop, 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 25 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. 26 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. 27 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. 28 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. 29 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 30 ® 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 31 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 32 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 33 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 34 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. 35 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 36 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 37 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) 38 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) 39 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. 40 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) 41 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) 42 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 43 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 44 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 45 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. 46 AVE Date: 11/22/2022 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2022 City of Aspen GIS 0 0.01 0.030.01 mi When printed at 8.5"x11" 4 Legend Historic Sites Parcels Roads Zoomed In Scale: 1:1,448 258 Roaring Fork Drive - Vicinity Map Exhibit 8 Vicinity Map 47 7'0POi WICAL Sl/.RV.EY '\ '\ '\ '\ '\ '\ \\\\\\ \\ \ \ \ \ \ \ \\ '\ GRAPHIC SCALE Lot .26, East:wood Subdivision, according to the plat thereof .filed on June .23, 1969, in Plat book 4 at page 4 and Amendment no . .2 to the East:wood Subdivision recorded august 30, 1991 in Plat Book .27 at page 37. ----•--•--.\ \\ \ "'� ��$ I'> < \ \ \ ""'--'---. \ \ .. -i ,� µo t litionol 5.0' Utility, Drainage, onstruction &: Mointenoce Easement z1 6.0' Utility Easement �\ i1· <o'1, ,, ct-· _-7'\_-_-_--_ \ \ \ � � '\ �o'� �%. A X \ \ \ � " '----'----'----'----� \� \ \' / \ .I\ \ \ "'< '---. ... � '---. '---. \ \\ \ \/ \>(\\\\\f \\\"� \ \ •\• \�� �? / ;<_ \ \ \ \ \ \ \ \ I I \\\ �\ / �-�I / , \» \ \ \ \ \ \ \ <\ I \1 \ \ ;Bl\\\\ 1c. ·• ' ' \ <\ \ \ I I \·. / I \ � A:. \ \ I I L:-}} 1 1 1 1 I � ,?Jo • «t..o .":)c \O \J .4' � bl"- .,.1 '/:,� \,' �(lj 1· �'() j"''�..-- 0 ..;;i... � ,/ " / ,'\ '\ '\ \15,43Q S�Ft \ \ --�+ 7 / / / / /-- / / / Q h \'\ /\. / \, \ \, '\ \''�" \ \. -.:--/...--7 ,,_______ -/ 1/ I . . \. " ( IN BUI') 1 inch = 10 fLContour \otervo\ - 1.0' m m @ ft, •• 0 Legend = Gos Meter = Electric Meter = Sanitary Sewer Manhole = Cleonout = Aspen = Spruce = Boulder --x--= Fence11011101A1111111111R111111101A11 = Railroad Tie Retaining Woll-a �-G� --->>• "" -_ -'\ \ .... \ -\>>\I_,__., -✓..-?'-�� (c ::; <y k ___ ) • • '! . '\ \ • \ • • \, • \ \ .\ \ 1 .;.---/ _,,__., � f �-i--x\� li"-o -_-�J '\. '\-: � _-_-_ '\ _,_-I -\ \"'--1 _,_.., -/--�-- cl-'\_"'; � --'\ \ 0 l :_,__...�, L----, __.....,,, / 4=_¥E I\ \ � ,----'---. " <1 / , • ,, / + , ,, +\ own�rsh1p ine r " - \ _ _ I. -_ • \ _ I _,...-I 6� \ \._ ' \ -'\_ - -'\ \ I _,__..., l "!_ ' --'\ - -0 21. . . . . ·,. . . � " r. Cl) oi - "-<1 Ll µ:-r,- __ -8095-� <1 " -- . .. -.Li" -"Grovel Road \ \ \ \ \\_,,// --------- @ '\ I� , -'\ '\ ·o '\_ --\--\ ____ '_,.....,. la. 2 • I - -" \ --\ L \.......8095 -......:::._ ---------"\ � 6.0' Utility Easement --,•\\A-•-•-\<<< \ } _ I /�I; -'\ :\-\(" - --',_: J --1 '< --- -. " \ ..:1-=-...r --V-\ ___,,..-,l --<I \ :� -\ � _t \ \ -\...:.\ �. ' \_:-t-i 1 Story Brick &: Frame House / Att. Garage ·1·'\ •>I > \ \"" ,J\ \ �----_-_ .. -_,,/··.·•-\\ "'- -�f/ � �" 2. .,� <1 - ,. - _-I ;,\ .. Ll - "'\ <1 - -- \ �1---- --------- @• \G> o_..-<> ��@?. \ ��, --------- ---- / \ \ @, � (�J. I I Lot 25 �� \"\ '\ _,-i � \ � \"' -)::_--\- � +\� �\---\-c � �\as;:_\--- '%.., • _ 1 -=-�-x --� � --& - - --\: Q' 1, l?-"'9• \=--��� .. -,;;-.::.. �. . "" -1"-Y "'o � • 0 < � , T L.. { ';>,_�� ;_\ �·-�, jl ' --'\ .11111Tfml / "''"""= . P· \ '\ _i /,' ' ' i1lW Ul\llll ' R��•,.,, > -_ \ � en -·, mornrr1- I I �-�\� \\, �I, r-p t;rffi]I e��r·m�� (� ..... '•c.c., 1 of • ,, \r,y ,.. -"c . , .. :\ \vs_ '] .... � .. �,,, . .,,,J�_ ,Jillil!!11 , ':,· ,1._ ·�- r·1_ '� '•c# , , 1 1 [Qt ! \�_ \_-;-)' i t 1 �f'\,..Y -_,_,_ __ I I . t ",.., •�-_ ' 'l .-:'."' · ___ '\ '\' "" I -••-, ----___ f ��- � ... . ?_,. -"'"',, . -�-- -...---r;-� --:-\ �\�oi; -o> P- ll'. '} U'.I 'o � -<3.vered -" " , -Emry -- /' - --- \ I--. ---y .. _ - _ - _ - _ - : ·. A ,q ... <1 I <1 , A • . " Ll - _/ / --:::::-----: £ �� ·<J .4 . - Ll " Ll -" " <1 - <1 -1g <1 CD �-. . .d :q "'-\ ' :c-c ' \ ·--� - - - - -I - " . . . . ~-e .. > ' ' ," • • • • • • • • • • �-::s...= . .� .•. ·<><,; -s . � •. �-- ---Cl V "'-" -�---..:,..--'"---/ �_:-�� ""AG(::_y=:�..:--: ... '\ \�_j - --71�"'-'--: : -----:--/\ --'>< ------ ...--'1:-------/' / ---......-""-__,,:;--· ------- -I V'---->-----� � ,-'x-;...------ ---,,,....------�--- --·· -� _---.._\::;:'-\->-,L:-:-------------- -__.,.-� ,_____.�-\_,. ----. - � - ,?-� - - -- ., �A' ---------- --� -�------------------ --z-. ,,,_ -------/ --------------� _, ----------- . -.:;)<::-:: -.:-.;-;;;,?: : .:-.:----,. M UtlHty ---.7-----Easement ✓----__,,,,,. (#1' ,;A\,\ Xsite � t'.-'f�{I--·--' , > ' � > ' [· -) '•·-;n''� -I / °'W�I ,,�. . I' -\ '" ��-'"-,,,,� -I "' � . ·-1 i � -, ' _,,V<>• ; • ' ' ' I' • •-C -' ., - ' ' ' < \ '1?R'{s'i1-:: ·b [I[--r.�--.. ,, -� .o � I,--\ \---'-i ___;, -..,__ -., =----.J -�-· -Q,, ", -'t\ lA ' �-:.c:,__Clll'slAr>t::A\11:cR"> I --,,!.e, , "'"'""' I -,.;)___ _ I i, " Ii" -\ � -II IT ,..--, �"" ...... ,,_ ' I ,✓ ~-\ .\ _ll.I I / , . .---, ----Un• ---..v----- Additional 5 O' • -_? • ,. --• Ut1· -�-� Construction &: 1jY'. Drainage, � _ _ _ �1 _ -- ,_M:•tm= _/ '\_ '- ,.,....__ _.. :--Lot 23 ' ' I · . · b ----'--0)1-t ----1: { ',? /%\ I ' � • �,, \ -" /_ � I .. (1 ) �' 11 ,-i t,-q\ [J t<5)t � "'\>H�, "' \ VICINTIYJIAP scAI.1:11 -1000' Notice.· , , , / , , Additional 5.0' Utility, Drainage, Construction &: Mointenoce Easement v/ ) ., /// //� Ll �- Neighbor's Driveway <1 ' ' � " " • I J_ l ' " Edge of Neighbor's Driveway "' •" ' " Accortiuig lo Colorado law, you musl commence any legal action based upon any defacl in IA.is survey wu¼ln lkree pars q/ter :vou ftrsl dtsaOfllW sue,¼, de/eel. /n no ftlenl mtZIJ/ anv U/Qal action based U?Jon anv defacl m 7'l77'7'.£..i' SU.R/7..i'Y/HC S..i'.R/7/C..i'S P.O. Box 983 Glenwood Springs, Colorado 81602 {970) 928-9708 (FAX 947-9007) TOPOGRAPHICAL SURVEY MAP Mis survev fJe commenced more IAan kin yBars ,J'h,m IA6 dale of tlu oerlifaallon shown hereon .li'm.ail-,f'e/,/'Olss-us. co,n ' ' County of Pitlda, State of Colorado. THE LAND REFERRED TO IN THIS LAND TITLE GUARANTEE COMPANY COMMITMENT DATED FEBRUARY 27, 2018 IS LOCATED IN THE COUNTY OF PITKIN, S TATE OF COLORADO, AND IS MORE PARTICULARLY DESCRIBED AS FOll.OWS: LOT 26, EASTWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED ON JUNE 23, 1969, IN PLAT BOOK 4 AT PAGE 4 AND AMENDMENT NO. 2 TO THE EASTWOOD SUBDIVISION RECORDED AUGUST 30, 1991 IN PLAT BOOK 27 AT PAGE 37. COUNTY OF PITI<IN, STATE OF COLORADO. THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER SAID TITLE COMMITMENT NO. Q62009221 8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES ASRESERVED IN UNITED STATES PATENT RECORDED DECEMBER 14, 1911, IN BOOK 55 AT PAGE 196. 9.EASEMENTS FOR UTILITY PURPOSES 6.00 FEET IN WIDTH ALONG THE SIDE AND REAR LOT LINES OF SUBJECTPROPERTY AS RESERVED IN INSTRUMENT RECORDED JUNE 23, 1969 IN BOOK 241 AT PAGE 704.10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED AUGUST 11, 1971IN BOOK 256 AT PAGE 907. 11.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 11, 1971 IN BOOK 256 AT PAGE 907.12.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED ININSTRUMENT RECORDED JUNE 23, 1969, IN BOOK 241 AT PAGE 704 AND AS AMENDED IN INSTRUMENT RECORDEDJULY 29, 1969. IN BOOK 242 AT PAGE 449 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 06, 1970, IN BOOK247 AT PAGE 844 AND AMENDED BY INSTRUMENT RECORDED MARCH 15, 1990 IN BOOK 616 AT PAGE 85 ANDAMENDED BY MODIFICATION INSTRUMENT RECORDED FEBRUARY 26, 1999 UNDER RECEPTION NO. 428172 ANDAMENDED BY MODIFICATION INSTRUMENT RECORDED JULY 12, 2005 UNDER RECEPTION NO. 512311 AND MODIFICATIONRECORDED JULY 25, 2005 UNDER RECEPTION NO. 512768.13.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF SUBJECT PROPERTYRECORDED JUNE 23, 1969 IN PLAT BOOK 4 AT PAGE 4 AND SECOND AMENDED PLAT RECORDED AUGUST 30, 1991IN PLAT BOOK 27 AT PAGE 37.14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED NOVEMBER 16,1982 IN BOOK 435 AT PAGE 734.15.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ANNEXATIONTO THE aTY OF ASPEN RECORDED JULY 22, 1987 IN BOOK 19 AT PAGE 97. 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY OF ASPEN, NO. 28, SERIES OF1987 RECORDED JULY 22, 1987 IN BOOK 541 AT PAGE 979. 17.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 26 (SERIES OF 1987) RECORDED OCTOBER 01, 1987 INBOOK 547 AT PAGE 191. 18.TERMS, CONDITIONS AND PROVISIONS OF ROADWAY DEDICATION RECORDED AUGUST 30, 1991 IN BOOK 655 ATPAGE 396. -□ fndicatw 0�15% slopes (no hatching)-.J,2J6.98 s.f., area= 21.7% n -□Indicates 15%-JOX slope (dots)-5308.14 s.f., area- 35.9% /// -�/// /// Indicates JOX -45% and greater slopes (dashed)-3729.94 s.f., area= 25.2% -� fndicatw 45% and greater slopes (doshed)-.J,154.94 s.f., area= 17.2%........ LEGEND ANO NOlES: -El INDICAlES MONUMENlS AS SHO'MII AND DESCRIBED HEREON.-OAlE OF FIELD WORK: SEPTEMBER 27, 2017 & OCTOBER 26, 2021UNIT OF MEASUREMENT: US SURVEY FOOTTEMPORARY BENCHMARK LOCATED AT Tl-IE FOUND 5/8" REBAR Will-I 1 1/4" YELLOW PLASTIC CAP LS. NO. 18129 AT Tl-IE NORlHWESlERLY CORNER OF LOT 21, IN SAID EASlWOOO SUBDIVISION. ELEVATION = B107.24'BEARINGS ARE BASED UPON FOUND 5/8" REBAR Will-I 1 1/4" YEll.OW PLASTIC CAP L.S. NO. 16129 AT Tl-IE NORlHWESlERLY CORNERAND FOUND 5/B" REBAR Will-I 1 1/4" YEll.OW PLASTIC CAP LS. NO. 16129 AT Tl-IE SOUlHWESlERLY CORNER OF LOT 21, INSAID EASlWOOD SUBDIVISION, USING A BEARING OF S 16"16'0" W BETWEEN Tl-IE lWO DESCRIBED MONUMENlS.Tl-llS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY Tl-llS SURVEYOR TO DETERMINE O'MIIERSHIP OR TO DISCOVER EASEMENlSOR OlHER ENCUMBRANCES OF RECORD. All. INFORMATION PERTAINING TO OWNERSHIP, EASEMENlS OR OlHER ENCUMBRANCES OFRECORD HAS BEEN TAKEN FROM TITLE INSURANCE COMMllMENlS ISSUED BY LAND TilLE GUARANTEE COMPANY , DATED EFFECTIVEFEBRUARY 27, 2018 AS COMMllMENT Q62009221 258 Surveyor's Certificate:I, JEFFREY ALLEN TVTTlE, being a Registered Land Surveyor In the State of Colorado, do hereby certify that this map of existing conditions was prepared by me and under my supervision from a survey made by me and under my supervision on April 04, 2018 and that both the survey and map are true and accurate to the best of my knowledge and belief. �-" :i: ' :-. Rrc '°'"�:: ,i.1/s '2022 "" __ --:,_ '"' t� -.... "' -<l,� ,c_, :'.{!' ·. 0 '~ �. ·� :' !t 3-,c,,-,>'l;,''R"f,;.. JEFFREY Alil#4t1hlt:.� L.S.33638 OA TE Note: This topography map complies with National Map Accuracy standards for topographic maps. /MJere checked 90% of points should be within 1/2 the contour Interval and well defined points should be plotted within 1/50 # of their true position. Critical design should be based upon spot elevations, please contact Tuttle Surveying Services for this spot elevation information. Roaring Fork Drive81611 Aspen, CO Drawn by: DMC Dat .. :04/09/2018 &11/15/2022 Z: \2018\Eostwood Subdivision \Lot 26--258 Roaring Fork Drive.dwg 1 Exhibit 9 Survey 48 GARAGE 258 ROARING FORK DR SCHEMATIC DESIGN 11.15.22 Exhibit 2 BOA Application Form 49 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" 50 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 51 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 52 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 53 Chris Bendon From: Brooke Newman <bnewmanl80@gmail.com> Sent: Tuesday, November 1, 2022 2:48 PM To: Chris Bendon Cc: Scott Lindenau Subject: Lindenau Garage wl You don't often get email from bnewmanl80@gmaii.com. Learn why this is important CI , Dear Chris: I live at 273 Roaring Fork Drive, which is across the street from Scott Lindenau. Scott has gone over with me his plans to add a garage onto his property. I think the garage would be a good addition to his and Susan's house. In short, I am in support of the garage addition. Brooke Brooke Newman 273 Roaring Fork Drive Aspen, CO 81611 1 Chris Bendon From: Ann Hodges <avhgrafx@rof.net> Sent: Thursday, November 10, 2022 3:45 PM To: Chris Bendon Cc: Scott Lindenau Subject: Lindenau proposed, garage & variance Attachments: A Hodges Sig_med.pdf Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from avhgrafx@rof.net. Learn why this is im ❑rtant Chris — I'm contacting you to let you know that I've met twice with Scott Lindenau at 258 Roaring Fork Dr who is working with you on a variance application for a detached 1-car garage at this address. We've met, discussed, reviewed drawings and walked his proposed site. I want to let you know that I have no serious objections to his plans. I think he has been unusually thoughtful with regard to scale, design, exterior materials and siting of the proposed garage. I have lived next -door (302 Roaring Fork Dr) at this location for 50 years, and after all that time, consider my views to be to the east, into Scott's yard where he plans to build, and across the valley to the south; so his proposal is of particular interest to me. I am concerned about degraded eastern views from several prominent windows of my house and maintaining privacy, especially from my deck which-1 use constantly in the summer. My deck's dining area will face into the front, south -facing side of the proposed garage and a screen of.trees should help maintain as much of the view and mutual privacy as I can realistically expect. Scott has graciously agreed to a planting plan. I wholeheartedly support his desire for a variance to move the garage closer to the street, with a zero -foot setback. Such a variance would obviously improve my situation a bit, and as he anticipates, should protect more trees and large rocks on the site. If you need anything further from me, please let me know. Ann Hodges 302 Roaring Fork Dr. Aspen, CO 81611 970-925-3719 (preferred) Cell: 970-379-0275 avhgrafx@rof.net Chris Bendon From: heather kroeger <heatherkroeger@yahoo.com> Sent: Wednesday, November 9, 2022 6:22 PM To: Chris Bendon Cc: Scott.lndenau@studiobarchitects.com; Rocky Kroeger Subject: Lindenau Garage Approval Follow Up Flag: Follow up Flag Status: Flagged iYou don't often get email from heatherkroeger@yahoo.com. Learn why this is_importan# Dear Chris, I am writing to express my husband's and my approval for the Lindenau detached garage plan for the new build project being proposed, as proximate (across the street) neighbors to the Lindenau property. My husband Rocky was president of the HOA in St. Louis for one of the more prestigious neighborhoods (Fordyce Lane) for many years prior to our having relocated to Aspen five years ago. I have a background in managing and designing remodel work and am also an interior designer by education; we gutted our home in St. Louis that was built in 1951, undergone two Aspen projects including our current home at 267 Roaring Fork Drive as well as a smaller downtown condo we purchased in 2005 which we sold to buy our Roaring Fork residence, ..rehabbed two Bozeman Montana residences recently acquired to satisfy 1031 monies we've been recipient to, and now working with a team in Marco Island Florida to reconstruct my mothers lower level of her residence that was sadly dessimated by Hurricane Ian. We met with Scott and reviewed the proposed design plan and I can say with confidence the following: -The, location, scale, and consistency with the main house "look and feel", as well as the use of similar materials, seem appropriate to the larger remodel scheme Scott and Susan have already set forth and successfully achieved. -I think the proximity to the road is .an important aspect in achieving the correct siting of this garage and therefore would ask that a zero -foot setback be considered in order to minimize the impact on existing trees and large rocks. I am of the opinion that less impact is better in terms of disturbing the natural features that are pre-existing and that it makes sense to work with these conditions and not get too complicated with what Scott showed me with the placement and installation site. -Having said all of that, we like that the garage installation will not impact our views or cause any visual or environmental disturbances for us personally and as homeowners that we can imagine, and therefore have no issues with what is being presented in the diagram we saw. We like Scott and Susan and they have been very good neighbors to us, and we, by virtue of neighborly good will, as well as my more professional notes above, believe all powers that be will support the effort of the detached garage being proposed. Please feel free to reach out to me personally on any of this by cell phone or email. Thank You, Heather Kroeger