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AGENDA ASPEN PLANNING & ZONING COMMISSION November 19, 2024 4:30 PM, Pearl Pass Meeting Room 3rd Floor, 427 Rio Grande Pl, Aspen I.ROLL CALL II.COMMENTS III.MINUTES III.A Draft Minutes - 9/17/2024 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #___,Series of 2024 - 950 Cemetery Lane - RDS Variation V.B Resolution #XX, Series of 2024 - 1280 Red Butte Drive, Special Review and Stream Margin Review VI.OTHER BUSINESS VI.A Resolution #XX, Series of 2024 - Q3 Fee-in-Lieu Request, P&Z Recommendation to City Council minutes.apz.20240917 draft.pdf 950 Cemetery Lane_Memo_LPA-24-102.pdf 950 Cemetery Lane_Resolution #__, Series of 2024.pdf 950 Cemetery Lane_Exhibit A_Review Criteria.pdf 950 Cemetery Lane_Exhibit B_Application.pdf P&Z Memo_1280 Red Butte.pdf P&Z Resolution #XX, Series of 2024_1280 Red Butte.pdf Exhibit A_1280 Red Butte_Special Review Criteria.pdf Exhibit B_ 1280 Red Butte_Stream Margin Review Criteria.pdf Exhibit C_Application.pdf Memo_Q3 Fee in Lieu Request.pdf P&Z Resolution #XX, Series of 2024 - Q3 FIL.pdf Exhibit A – Title 26 Policy 01-2024 - Expedited provision of required affordable housing via fee-in-lieu.pdf Exhibit B – FIL Request Letters.pdf 1 1 VII.BOARD REPORTS VIII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 2 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 17, 2024 Commissioners in attendance: Charlie Tarver, Eric Knight, Ken Canfield, Tom Gorman, Christine Benedetti, Teraissa McGovern. Staff present: Sophie Varga, Planer I Sammi Montalto, Zoning Enforcement Officer Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: None. Staff Comments: Ben Anderson introduced the new planning staff, Owen, Julian, and Patrick. Public Comments: None. Minutes: Mr. Gorman motioned to approve the minutes for July 16th, 2024, and the motion was seconded by Mr. Canfield. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, abstained; Ms. McGovern, yes; Motion passes 5-0. Disclosure of Conflicts of Interest: None Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided. Public Hearing: Item one: Special Review for Replacement of Nonconforming Structure, 401 W. Francis Applicant Presentation: Will and Katelyn with Rowland and Broughton and Claude Salter This property exists at north 3rd and Francis it is an Existing sf home with a detached garage. He said they want to maintain both structures and remodel them. When the house was built, it was legally placed, but through the evolution of the zoning code it is non-conforming because it sits inside of the setback in a few locations. They are going to be removing some of the elements that live in the setback. The Fireplace Chimney Flue is proposed to be removed, it currently encroaches into eh setback. The west property line has some window wells that sit in the setback, they will be removing one window well. The demolition percentage is very low. They are reducing the square footage of the home. The existing structure will remain in the western side yard setback. Through the energy codes adopted by the city recently, provisions were made to keep existing structural walls and adding insulation and fire ratings, that is an allowed encroachment into the setback. Ms. Salter said the reason the house doesn’t fit the code is because the code has changed, not the house. They are going to reduce the non-conforming floor area; a crawl space will be converted into livable space, and they will combine some stairways. The house pretty much stays the same but is being modernized. The project has received RDS approval. 3 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 17, 2024 Board Questions: Mr. Gorman asked how long the run that will be affected by the setback area? He asked if it is the entire length of the house. They replied yes, it is 71 feet. Ms. Salter replied that new construction cannot be in the setback at all, but existing buildings have 8 inches into the setback. Mr. Gorman asked if there has been any response from the neighbors. Will responded that there has been some positive feedback but not a lot of feedback either way. Mr. Gorman asked if the garage could be altered. Will said it is not possible. Mr. Tarver asked what the eastern setback of the house to the west is and if there is a problem for emergency services to get in there. Ms. Salter replied the eastern setback is five feet and said no. Staff Presentation: Sophie Varga, Planner I Ms. Varga gave an overview of the non-conformities chapter. She said it speaks to buildings that were built with proper permits but no longer conform to the current code. She went over the review standards as well. Staff recommends approval for this project. Board Questions: Mr. Gorman asked if there were any neighbor comments. Ms. Varga replied that there was only one comment, and it was favorable. Board Discussion: Ms. Benedetti supports approving it and appreciates a renovation instead of raze and replace. Mr. Gorman said it supports the city goals to renovate instead of scrape, supports it. Mr. Canfield supports it. Mr. Knight supports it. Ms. McGovern supports it and likes that it’s a renovation. Motion: Mr. Canfield moved to approve resolution 7 series 2024; Mr. Gorman seconded. Roll call vote: Mr. Tarver, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes; Motion passes 6-0. Public Hearing; Item 2: 585 Cemetery Lane - Parks Maintenance Facility PD Amendment Applicant Presentation: Jessica Garrow, Principal with Design workshop Ms. Garrow is here along with Matt Kuhn, the Parks and Open Space Director and Ben Levenson, Project manager with Capital Asset. The Parks Department is located on Cemetery Lane, on the same parcel and the golf course. This is just related to the Parks facilities, not the golf course. There are three buildings 4 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 17, 2024 and 2 are within the scope of this project, there is an existing housing unit that is not part of this project. The original maintenance area was placed on the property in 1976 and there was an expansion in 1990 and 1997. The lower building will become all maintenance and storage space, and the offices will be removed. The upper building will have all the offices, additional bathrooms, a mother’s room, etc. This is the main building where the public will meet with the parks department staff so it will become ADA accessible. There is an increase of 32 sq feet to accommodate the addition of 2 airlocks. They are adding covered bike storage for employees. A commercial design review is required because members of the public do come to this building. This is primarily an internal remodel. The second review is Planned Development review, minor amendment. Mr. Kuhn said that this will bring employees together as all offices will be in one building and will get all vehicles inside overnight to thaw out in the winter. Board Questions: Mr. Tarver asked if the square footage changes with the addition of bike storage. Ms. Garrow replied that is a difference in calculations for unenclosed and deck spaces versus enclosed. Mr. Tarver asked if the bike storage space will be used in the winter. Mr. Kuhn said bikes will be stored there in the winter. Staff Presentation: Sammi Montalto, Zoning Enforcement Officer Ms. Montalto went over the project again and added that the biggest change is the addition of bike storage. She explained the reviews are minor amendment to detailed review, commercial design review, and conditional use review. All the proposed changes are consistent with what is required under the review criteria. Staff recommends approval of the resolution to amend the Parks facility. Board Questions: Ms McGovern asked if the public restroom is currently ADA or will be updated to ADA. Mr. Kuhn replied that it is from inside the building but not the golf course side. Commissioner discussion: Mr. Tarver said he likes it, it is fine. Mr. Knight is in support. Ms. Benedetti is in support. Mr. Gorman is in support Mr. Canfield is in support. Ms. McGovern supports it. 5 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 17, 2024 Ms. Johnson commented that there were three reviews here. As written the resolution does not address the other two, other than the minor PD amendment but they believe the underlying PD approval as well as the way the latest resolution is written is sufficient to do what it needs to do. Motion: Ms. Benedetti motioned to approve resolution 8 series 2024; Mr. Gorman seconded. Roll call vote: Mr. Tarver, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. Benedetti, yes; Ms. McGovern, yes; Motion passes 6-0. Ms. McGovern asked Ben Anderson for an update on the planning calendar. Mr. Anderson gave them the next few meeting dates and what items would be on them. Adjourn: Mr. Canfield motioned to adjourn; Ms. Benedetti seconded. All in favor. Tracy Terry, Deputy City Clerk 6 950 Cemetery Lane – RDS Variation Planning and Zoning Commission Page 1 of 5 MEMORANDUM TO: Planning & Zoning Commission FROM: Jeffrey Barnhill, AICP, Senior Planner THRU: Ben Anderson, AICP, Community Development Director RE: 950 Cemetery Lane Unit 2 - RDS Variation for Garage Placement Public Hearing MEETING DATE: November 19, 2024 APPLICANT: SBS Properties, LLC, 1758 Mileground Road, Morgantown, WV 26505 REPRESENTATIVE: David Wirth, Forum Phi Architecture, LLC, 210 E Hyman Avenue – Suite 202, Aspen, CO 81611 LOCATION: Merry Condos Unit 2; 950 Cemetery Lane, Aspen, CO 81611 ZONING: Moderate Density Residential, (R-15) SUMMARY: The applicant requests a variation from the Garage Placement Residential Design Standard to construct a street-facing garage along Cemetery Lane. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the request for a variation from the Garage Placement Residential Design Standard. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant proposes the development of a street-facing garage on site. The garage does not comply with the Garage Placement Residential Design Standard. The Garage Placement Standard is a non- flexible standard; thus, no Alternative Compliance is permitted and the applicant must receive approval from the Planning and Zoning Commission for a variation. Figure 1: Site Vicinity Map 7 950 Cemetery Lane – RDS Variation Planning and Zoning Commission Page 2 of 5 ❖ Residential Design Standards Variation (Land Use Code Section 26.410.020.C Variations) The applicant requests a variation to the Garage Placement standard to construct a street-facing garage along Cemetery Lane. Applications that do not comply with the standards contained in the Residential Design section of the code, in which an applicant is applying for a variation, require approval by the Planning and Zoning Commission. The Planning and Zoning Commission can approve, approve with conditions, or deny an application after considering a recommendation by the Community Development Director based on the standards outlined in section 26.410.020.C, Variation Review Standards. BACKGROUND: 950-956 Cemetery Lane is a duplex located within the R-15 Zone District outside of the Infill Area. The lot is approximately 14,404-square feet and has frontage with Cemetery Lane to the west. Each of the two duplex units are accessed from Cemetery Lane. The property was developed prior to the existing Residential Design Standards. The existing duplex consists of one unit with an attached garage (956 Cemetery Lane) and one unit with a detached carport (950 Cemetery Lane). The residence at 950 Cemetery Lane now proposes demolishing the carport and constructing a new two-car garage. The proposed location is between the street and the principal building, requiring a variation from the Garage Placement (Non-flexible) Residential Design Standard. As a non- flexible standard, no Alternative Compliance is permitted. The applicant is seeking a Residential Design Standard variation pursuant to Section 26.410.020.C, Variations. Figure 2: Existing Conditions 8 950 Cemetery Lane – RDS Variation Planning and Zoning Commission Page 3 of 5 Figure 3: Proposed Garage DISCUSSION: Staff Comment: An application requesting a variation from the Residential Design Standards shall demonstrate and the Planning and Zoning Commission shall find that the variation, if granted would: 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard as well as the general intent statements in Section 26.410.010.A1-3; or 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. The general intent statement of the Residential Design Standard code section states that buildings should “connect to the street” by establishing “a visual and/or physical connection between residences and streets and other public areas. The area between the street and the front of a residential building is a transition between the public realm of the neighborhood and the private realm of a dwelling. This transition can strongly impact the human experience from the street, improve the street experience for pedestrians and vehicles by establishing physical and visual relationships between streets, and residential buildings located along street.” 9 950 Cemetery Lane – RDS Variation Planning and Zoning Commission Page 4 of 5 Consistent with the general intent statement, the Garage Placement Residential Design Standard requires the front-most element of a garage with doors that face a street to be set back at least ten feet further from the street than the front façade of the principal building. As an alternative, a garage or carport located forward of a street-facing façade shall be side-loaded. The garage or carport entry shall be perpendicular to the street. The intent of the standard is to “ensure garages are subordinate to the principal building for properties that feature driveway and garage access directly from the street. Buildings should seek to locate garages behind principal buildings so that the front façade of the principal building is highlighted. Where locating the garage behind the front façade of the principal building is not feasible or required, designs should minimize the presence of garage doors as viewed from the street. This standard is important in all areas of the city where alley access is not an option.” The subject residential unit is accessed via Cemetery Lane, with the proposed garage placement located between the street and the principal building. Figure 4 shows the consequences of allowing street-facing garages on Cemetery Lane. The garage almost entirely blocks the residence behind it. This hinders the physical and visual relationships between the street and the residential building. Figure 4: 956 Cemetery Lane – Other half of the duplex street facing garage It is worth noting that patterns of garage placement along Cemetery Lane fall into four major categories – 1. Street facing and located 10-feet behind the façade of the principal building; 2. Side-loaded garages prominent of the principal building façade; and 3. Non-compliant front-loaded garages on properties that have not been redeveloped since the new Residential Design Standards were adopted. Recently there have been properties that have been granted an RDS Variation by the Planning and Zoning Commission, particularly 743-745 Cemetery Lane. The Residential Design Standards are written to anticipate precisely the scenario before the board, the redevelopment of a property, and require that the new structures comply with the standards. Under redevelopment scenarios, there are few constraints to properties meeting the standards. Therefore, it is important to reinforce the purpose and intent of the Residential Design Standards by having redeveloped properties meet the non-flexible garage placement standards. The proposed garage is the antithesis of the Garage Placement Residential Design Standard. The proposal would create a greater divide on the property between the vast amount of garage doors in front of the primary residences. The proposed design does little if anything to minimize the presence of garage doors as viewed from the street and would reinforce a non-compliant location for garage doors on Cemetery Lane. 10 950 Cemetery Lane – RDS Variation Planning and Zoning Commission Page 5 of 5 RECOMMENDATION: Community Development staff recommends the Planning and Zoning Commission deny the request for a variation from the Garage Placement Residential Design Standard as the proposal places a front-loaded garage door directly between the street and the principal building - maximizing the presence of garage doors from the street. This proposed design conflicts with the intent of the Standards, and site conditions allow for alternative, compliant designs although they may not be what the applicant desires. PROPOSED MOTION: Two motions are proposed. The first denies the resolution while the second approves the resolution. Should Council support staff’s recommendation, Motion 1 should be read. If City Council disagrees with staff’s recommendation and feels that the review criteria has been met and wishes to approve the variance request, motion 2 should be read: Motion 1. “I move to deny Resolution #___, Series of 2024, granting approval of the proposed garage placement. If the Planning and Zoning Commission decides that the criteria are met for the Residential Design Standards Variation, and disagrees with staff’s recommendation, the following motion may be used: Motion 2. “I move to approve Resolution #___, Series of 2024, granting approval of the proposed garage placement. ATTACHMENTS: Resolution #___, Series of 2024 Exhibit A- Residential Design Standards Review Criteria Exhibit B- Application 11 P&Z Resolution #___, Series of 2024 Page 1 of 4 RESOLUTION #____ (SERIES OF 2024) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A RESIDENTIAL DESIGN STANDARD VARIATION FOR A PROPERTY LEGALLY DESCRIBED AS 950 CEMETERY LANE, CONDOMINIUM UNIT 2, THE MERRY CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 2, 1986 IN PLAT BOOK 18 AT PAGE 97 AND FIRST AMENDMENT TO THE CONDOMINIUMS MAP RECORDED AUGUST 12, 1997 IN PLAT BOOK 43 AT PAGE 37, AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR THE MERRY CONDOMINIUMS, RECORDED SEPTEMBER 2, 1986 IN BOOK 517 AT PAGE 964 AS RECEPTION NO. SUPPLEMENTAL CONDOMINIUM DECLARATION, RECORDED SEPTEMBER 29, 1986, IN BOOK 519 AT PAGE 793 AS RECEPTION NO. 281896, SECOND SUPPLEMENTAL CONDOMINIUM DECLARATION, RECORDED JUNE 23, 1992, IN BOOK 681 AT PAGE 565 AS RECEPTION NO. 346101 AND THIRD SUPPLEMENTAL TO CONDOMINIUM DECLARATION FOR THE MERRY CONDOMINIUMS RECORDED OCTOBER 11, 2017 AS RECEPTION NO. 642133, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL IDENTIFICATION NUMBER: 2735-122-83-002 WHEREAS, the Community Development Department received an application from SBS Properties, LLC, owner of 950 Cemetery Lane, Aspen, CO 81611 represented by Forrest Lundgren, Forum Phi, 210 East Hyman Avenue Suite 202, Aspen, CO, 81611 requesting approval for a Residential Design Standard Variation for the property at 950 Cemetery Lane; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended denial of Residential Design Standard Variation; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing on November 19, 2024; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, 12 P&Z Resolution #___, Series of 2024 Page 2 of 4 WHEREAS, the Planning and Zoning Commission approves Resolution #____, Series of 2024, by a X to X (X-X) vote, granting approval of the Residential Design Standard Variation as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standard Variation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for a Residential Design Standard variation to install street-facing garage doors between the primary building façade and Cemetery Lane, (Chapter 26.410.020.C, Variations), varying from the Garage Placement standard. Issuance of this variation does not alter the applicability or intent of the Residential Design Standards as applied to development activities within the City of Aspen. All other dimensional standards including height and setbacks shall be met. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. 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 Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission at its regular meeting on November 19, 2024. 13 P&Z Resolution #___, Series of 2024 Page 3 of 4 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ___________________________________ ___________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Tracy Terry, Deputy Clerk Exhibit A: Approved Site Plan 14 P&Z Resolution #___, Series of 2024 Page 4 of 4 Exhibit A: Approved Site Plan 15 Exhibit A Residential Design Standards Review Criteria Section 26.410.020.D, Residential Design Standard Variation Review Standards. An application requesting a variation from the Residential Design Standards shall demonstrate and the deciding board shall find that the variation, if granted would: 1. Provide an alternative design approach that meets the overall intent of the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010.A.1-3; or Staff Response: The intent of the Garage Placement standard is to ensure that garages are subordinate to the principal building for properties featuring driveway and garage access directly from the street. Garages should be subordinate to principal buildings so that the front façade of the principal building is highlighted. Consistent with the Residential Design Standard general intent, the Garage Placement standard intent aims to establish “a visual and/or physical connection between residences and street s and other public areas. The area between the street and the front of a residential building is a transition between the public realm of the neighborhood and the private realm of a dwelling. This transition can strongly impact the human experience of the street.” Where locating the garage behind the front façade of the principal building is not feasible, designs should minimize the presence of garage doors as viewed from the street. This standard is important in all areas of the city where alley access is not an option. Two design options for fulfilling reduced garage prominence are available: 1. Set Back Garage. The front-most element of the garage or carport shall be set back at least ten (10) feet further from the street than the front -most wall of any street- facing façade of the principal building. 2. Side-Loaded Garage Forward of Street-Facing Façade. A garage or carport located forward of a street-facing façade shall be side-loaded. The garage or carport entry shall be perpendicular to the street. For lots on curved streets, the garage door shall n ot be placed on any street-facing façade of the garage. The proposal to face the garage doors towards the street, forward of the living area of the home is directly in conflict with the intent of this standard. Staff recommends that the applicant propose an alternative design that meets the residential design standards. Staff finds this variation criterion is not met. 2. Be clearly necessary for reasons of fairness related to unusual site -specific constraints. Staff Response: A Side-loaded garage design improves the pedestrian connection to the structure. There are no site-specific constraints or unusual circumstances that would prevent the applicant from complying with this standard. This is a usual lot for the Cemetery Lane neighborhood. 16 The applicant has supplied exhibits suggesting existing garage placement patterns in the Cemetery Lane neighborhood noting some front-loaded garages. The supplied exhibits do not acknowledge the 26.410.030(c)(2)d.1 Set Back Garage option placing a garage 10-feet further from the street than the principal building façade to satisfy the garage placement standard. For example, the properties along Snowbunny Lane are patterned as front facing garages, however it is notable that 95% of those properties meet the 26.410.030(C)(2)d.1 Set Back Garage criteria. Street facing garages in the general Cemetery Lane neighborhood that do not meet the design criteria are largely structures that were constructed prior to the adoption of the Residential Design Standards. The Residential Design Standards are written to apply to new and redeveloped properties, requiring that, to the extent practicable, they comply with all o f the standards in the section. Site conditions at the subject property do not justify a variation from non -flexible standards. Staff finds this variation criterion is not met. 17 forumphi.com | p. 970.279.4157 Aspen: 210 E. Hyman Ave., #202, Aspen, CO 81611 Carbondale: 36 N. 4th St., Carbondale, CO 81623 Denver: 2243 Curtis St, Denver, CO 80202 FORUM PHI | Variance to Garage Placement Residential Design Standards 950 Cemetery Lane Unit #2 Date: 2024-08-30 Applicant: Forum Phi, on Behalf of, Owner: SBS PROPERTIES LLC City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, CO 81611 Re: 950 Cemetery Lane, Aspen, CO 81611 Parcel ID: 2735-122-83-002 Dear Director, The owner of 950 Cemetery Lane Unit #2 is applying for a variation to a non-flexible standard of the City of Aspen Residential Design Standards for Garage Placement in response to a Pre-Application Conference Summary provided on July 29, 2024. The proposed garage design does not fulfill either of the design options outlined in Sec. 26.410.030(c)(2)(d) Garage Placement: Options due to the presence of site restrictions. The proposed garage is designed to minimize on-site and visual development impacts from Cemetery Lane to be more consistent with the intent of Aspen’s Residential Design Standards. The proposed garage will be enclosed and will maintain the existing carport’s building footprint apart from an increase in stall depth toward the primary residence by 3’-9” and decrease the width by 7’-6.5”. These dimensional updates are specific to City of Aspen’s minimum parking space of 8.5’ x 18’. Site restrictions like the location of the existing primary residence, presence of trees, and interference from side-yard setbacks and property lines reduce the site’s developable area as they pertain to the two RDS design options for garage placement 1) set back garage and 2) side loaded garage forward of street-facing façade. (1) Set Back Garage. The front-most element of the garage or carport shall be set back at least ten (10) feet further from the street than the front-most wall of any street-facing façade of the principal building. Response: The proposed garage cannot be placed 10’-0” further from the street than the front-most wall of the principal building due to the location of the existing principal building and its proximity to the side yard setback. The space between the existing principal structure and the setback cannot fit a garage. (See Exhibits 3 and 5) (2) Side-Loaded Garage Forward of Street-Facing Façade. A garage or carport located forward of a street-facing façade shall be side-loaded. The garage or carport entry shall be perpendicular to the street. For lots on curved streets, the garage door shall not be placed on any street-facing façade of the garage. The availability of these options shall be determined according to the following lot characteristics: Response: The garage cannot be side-loaded due to the proximity of the Common Dividing Element between the two condominium halves. There are also trees present in the location of the hypothetical driveway if a side-loaded garage were constructed. By maintaining the location of the existing carport as a front-loaded garage, disturbance to landscaping is minimized and the existing driveway and curb cut remain in the same location. Additionally, a side-loaded garage would require a curb cut that does not comply with the Aspen Engineering Standards for the distance between driveway curb cuts in Section 4.1.4. (See Exhibit 4 and 5) Given the details outlined above, it is apparent that the proposed garage is in the only developable area on the property that maintains, to a reasonable extent, the intent of the City of Aspen’s Residential Design Standards for Garage Placement. It should also be noted that there are approximately five (5) other properties in the Cemetery Lane portion of the R-15 zone district that contain this garage orientation. 743 Cemetery Lane is the latest example (2020) of a similar variance request that was approved. Thank you for your consideration in this matter. We look forward to your determination. 18 2 EXHIBIT 1 - SEC. 26.410.010. – GENERAL 19 3 EXHIBIT 2 - SEC. 26.410.030(c)(2). – GARAGE PLACEMENT 20 4 EXHIBIT 3 – SETBACK GARAGE DIAGRAM 21 5 EXHIBIT 4 – SIDE-LOADED GARAGE DIAGRAM 22 6 EXHIBIT 5 – SITE CONSTRAINTS DIAGRAM 23 24 KEYNOTE LEGEND 1 2 3 4 5 6 7 8 9 10 FRONT FACADE TO REMAIN FACING STREET PER RDS B.2.D.2 ONE-STORY STEP DOWN PER RDS B.4.D.4 LOCATION OF GARAGE DOES NOT COMPLY WITH THIS STANDARD AND VARIANCE APPLICATIONS IS BEING SUBMITTED DIMENSIONS OF GARAGE PER RDS C.3.C GARAGE DOORS PER RDS C.4.D.1 ENTRY AND DOOR TO REMAIN UNCHANGED PRIMARY FACADE AND WINDOWS TO REMAIN UNCHANGED LIGHT WELLS TO REMAIN UNCHANGED GARAGE MATERIALS (WOOD SIDING TO MATCH EXISTING) TO WRAP ALL SIDES PER RDS E.5.C ENTRY CONNECTION PER D.1.D.1 ID NAME DATE 01 RDS Application Work in Progress COPYRIGHT: ISSUANCE INDEX PROJECT NO: DATE OF PUBLICATION: A-006 PROPOSED SITE PLAN AT GRADE 8/27/24 #Pln 950 Cemetery Lane Unit 2 Aspen CO 81611 950 Cemetery Lane Unit 2 Aspen, CO 81611 Aspen: 210 E. Hyman Ave. #202 Aspen, Colorado 81611 Carbondale: 36 N. 4th St. Carbondale, CO 81623 Denver: 1514 Blake St. #300 Denver, CO 80202 forumphi.com p: 970.279.4157 f: 866.770.5585 FOR UMPHI N O T F O R C O N S T R U C T I O N FORUM PHI GENERAL SITE PLAN NOTES 1) BUILDING REFERENCE ELEVATION 100' - 0" = 7,860'-2 5/8" 2) REF: CIVIL FOR FURTHER GRADING INFORMATION. UTILITIES LEGEND WATER LINE GAS LINE SEWER LINE FIBER OPTICS LINE TELEPHONE LINE ELETRIC LINE CABLE LINE UNDERGROUND ELECTRIC LINE TOPOGRAPHY LEGEND EXISTING 1' CONTOUR PROPOSED 1' CONTOUR PROPOSED 5' CONTOUR EXISTING 5' CONTOUR SITE PLAN LEGEND EXISTING DRIVEWAY/HARDSCAPE TO BE REMOVED NEW ASPHALT/PAVEMENT NEW CONCRETE DRIVEWAY NEW PAVER PATIO NEW GRAVEL EXISTING DRIVEWAY/HARDSCAPE NEW EXTERIOR DECK TREE LEGEND DECIDUOUS TREE TO BE REMOVED CONIFEROUS TREE TO BE REMOVED EXISTING DECIDUOUS TREE EXISTING CONIFEROUS TREE NEW DECIDUOUS TREE NEW CONIFEROUS TREE SHRUB TO BE REMOVED EXISTING SHRUB NEW SHRUB 10'-0" 5'-0" 5'-0" 10'-0" 5'-0" 10'-0" 10'-0" 31/2" 21'-13/4" 31/2" 51/2" 46'-25/8" 25'-0" 31/2" 23'-13/4" 31/2" 99'-8" 100'-00" = 7860-71/2" T.O. FF 99'-13/4" 10'-0" SIDE YARD SETBACK 5'-0" UTILITY EASEMENT PROPETY LINE 25'-0" SIDE YARD SETBACK 10'-0" SIDE YARD SETBACK 5'-0" UTILITY EASEMENT PROPETY LINE 10'-0" SIDE YARD SETBACK 5'-0" UTILITY EASEMENT PROPETY LINE 7 8 5 9 7858 7 8 5 8 7 8 5 7 7 8 5 7 7 8 5 8 7 8 5 9 7 8 6 0 950 CEMETERY LANE UNIT 1 ZONE DISTRICT: R-15 PARCEL ID: 273-512-283-001 950 CEMETERY LANE UNIT 2 ZONE DISTRICT: R-15 273-512-283-002 4 3 8 7 6 1 2 9 4 5 PROPETY LINE 950 CEMETERY LANE 10 SPA TRENCH DRAIN SPA N 0 2'5'10'SCALE: 1" = 5'1 PROPOSED SITE PLAN AT GRADE 25 PRE-APPLICATION CONFERENCE SUMMARY PRE-24-076 DATE: July 29, 2024 PLANNER: Tillie Pines, tillie.pines@aspen.gov, 970.429.2766 REPRESENTATIVE: David Wirth, dwirth@forumphi.com, 720.454.8035 PARCEL ID#: 273512283002 PROJECT ADDRESS: 950 Cemetery Lane Unit #2 DESCRIPTION: RDS Variance for Garage The applicant is requesting a Residential Design Standard variation to demolish an existing carport and build a street-facing garage at 950 Cemetery Lane Unit 2 within the Merry Subdivision (recorded at Reception #281027). This property is known as the Merry Condominiums and contains a duplex condo in the R-15 Moderate-Density Residential zone district. The parcel was condominiumized under the Condominium Map recorded September 2, 1986 in Plat Book 18, Page 97. The proposed design requires a variation to the Non-flexible Standard: Garage Placement (Section 26.410.030.c.2). The Residential Design Standards chapter provides direction for reviewing variations to the standards when the proposed design does not meet the standard. Per Code Section 26.410.020, if an application is found to be inconsistent with any of the Non-flexible Standards, those standards can be reviewed for a variation by the Planning and Zoning Commission at a public hearing. The review will determine if the design meets the overall intent of the standard as well as the general intent statements in Section 26.410.010.A.1-3. Please include written responses or graphics that demonstrate compliance with Section 26.410.020.D, showing the design meets the intent statement of the standard and general intent statements in Section 26.410.010.A.1-3. Or, that the variation is required for reasons related to fairness related to unusual site-specific constraints. Once an application is submitted, staff will re-review the design for compliance with all standards. If any other standards are found to be not met, those may be added to the RDS Variation review request, or the design may be revised to comply. RELEVANT LAND USE CODE SECTIONS: 26.212.010.p Planning and Zoning Commission – Powers and duties 26.304 Common Development Review Procedures 26.410 Residential Design Standards Land Use Application Land Use Code REVIEW BY: Community Development Staff for determination of a complete application and recommendation to P&Z. Planning and Zoning Commission for decision PUBLIC HEARING: Yes, with the Planning and Zoning Commission PLANNING FEES: $3,250 deposit for 10 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: None. TOTAL DEPOSIT: $3,250 26 To apply, email the following information as a single PDF to CDEHadmins@aspen.gov. Include PRE-24-076 in the subject line. Reach out to the planner of the day to check if a revised letter is required if it has been more than a year since this letter was issued. Complete signed Land Use Application Packet, HOA Compliance Policy, and signed Fee Agreement. Pre-application Conference Summary (this document). Contained within a letter signed by the applicant, the applicant’s name, address, telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. The street address, legal description and parcel identification number of the property proposed for development. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, listing the names of all owners of the property and all mortgages, judgements, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner’s right to apply for the development application. A site plan depicting the proposed layout and the project’s physical relationship to the land and its surroundings. A site improvement survey certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including the current topography and vegetation. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the intent statement and review standards associated with the request. Completed copy of the Residential Design Standards Checklist: https://aspen.gov/DocumentCenter/View/1697/RDS-Application-Packet---SF-DX?bidId= If the copy is deemed complete by staff, the following items will then need to be submitted: Total fee for review of the application. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. 27 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at https://library.municode.com/co/aspen/codes/municipal_code. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or email. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions that are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the applicable sections of the Aspen Land Use Code. 28 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the Case Planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee(s). The Community Development Department shall keep an accurate record of the actual time required to process a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 29 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, 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, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 30 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) Board - Planning and Zoning Commission RDS Variance for Garage Placement Description: Existing and Proposed Conditions 950 Cemetery Lane Unit #2 is one-half of The Merry Condominiums which both contain a front-loaded, front-yard carport/garage. The livable portion of Unit #2 is not undergoing any changes via this application. Unit #2's carport is being converted into an enclosed garage in the same location on the site with an increase to vehicle stall depth by 3'-9" and decrease the structure's width by 7'-6.5". The garage's placement does not conform to the City of Aspen's Residential Design Standards for Garage Placement and therefore, a variance is being requested since no other reasonable, conforming location exists on the site. FORUM PHI 210 E Hyman Ave STE 202, Aspen, CO 81611 231-758-4810 231-758-4810 31 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 5)Maximum Height 6)Front Setback 7) Rear Setback 8)Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 14,386 14,386 3,892.28 32 April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 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 that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowner association or other form of private c ovenant. □This property is subject to a homeowner association or private covenant, and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners a ssociation orcovenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: Owner printed name: or, Attorney signature: Date: Attorney printed name: 950 Cemetery Lane Unit #2, Aspen, CO 81611 Forrest Lundgren flundgren@forumphi.com Forrest Lundgren 08/29/2024 33 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should complete to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five (5) working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature by the Community Development Director that explains whether your application complies with the Code, and will list any conditions that should apply if the application is to be approved. Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5.Board Review of Application. If a public hearing is required for the land use action that you are requesting, the Planning staff will schedule a hearing date for the application upon determination that the application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The Planning staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the applicant with a copy of the Planning staff’s memo, approximately five (5) days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) 34 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a Development Order, which allows the applicant to submit a building permit application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a building permit. During this time, your project will be examined for its compliance with the Uniform Building Code. It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks, parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or agreement, will be reviewed and recorded before a building permit application is submitted. 35 Residential Design Standards Administrative Compliance Review Applicant Checklist - Single Family and Duplex Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 36 Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Disclaimer: This application is only valid for the attached design. 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( M^F AGGUITE(_Y /A NCJ '>0135TAN7(/44-LY Pi PtCTS THE 1-OGA70N OF THE 13U(Ll71N& TIfE VRT( Cftl A HOt izON-C•1 t?1MEN51C N5 O1= THE INPIVIDUi 1 AiR 5!'GE UNITSOFTHEMERrYCOiyR'? MINlUMS p {. THf izEIN AND THEREON THE UN1i t7E5I&NATlor\t5 7NEKE•C)" UNDER T E INSTRUCTION Pi 00015P s `FH WNESZ THE MEA5URl= MENT5 OF SA1t UNITS AND -THEE.LEVAT(ONS OF TRE!. Ft- OORS 5A i tp N1AP AL -50 CC.,U%ATE. L.' -f DtFIGTS13Y C)';< THE SU1 EcT P1 oPERTY. r ALPINE 5UKVEY5, I- C. 9 V • :. _^^. .: f : 9 ym.,o, sir' ::: .. o ITL i/icT . .<, a . Z . c ,".1 ID N(3C'i E ,o.SP N `[" E COi POJT(DN COMN(x , A s / c l to-C f otZ l tf TTE:R` Alf —FINC THS T• AadOrT4 I G 19L l CLERK RECORDERS ACCEPTANCE NEW FENCE WOOD) THIS Mr°P OF Tt(f= MEIZiZY CONDCMtNiUMs Wfti itCCEPTED FORFILINGINTHEoFftCR O Tt+ E CL1 t K. RECORDER, OF Tt fE COUNTY O PITKJt I STi\TE _OK^00 OFCO!, AT DCL.00K, M., THIS i?AY C)F , 11 ttND RECOMDEP iN• PLAT 500K AT PAGE , i\F-CF-PTIC>N 1 - IU 2 \\ US o j ,. Q n y' CLE(g.K 1 R. ECORQIF- PJTK i WCOUNTY, COl..ONAD O S7 p j - . CBOT 5 STATS o - cr 0r F-_ 0 GOVNT j OF F1 -T- .. N t/ AC p tom) F. H `F EG -DIN& o N c !>=rc TE a5SNOWtF ( tel T4 --i t ra PA`'t Df' w r>l M --(A-t SND -1 tc (, 1.... l- . M'1 CoMt i tON .C, P l ,.' C ss 5UKVEY0 5 CEXTiFICATF. Q wE I F 1 E E Ei3r CEt TiFY Hf'T Di 1 !.l JF IN HOJP-CERR' APPKOYiN .: AM , H T FEt•PUARY 9 111 A V15UAL 1Nt)rECT101-1 `WAS L 11FIN[-HOL. QE:4 HEK::; GON!5FINT f NP P E:5T Kf• C..OKPAT (ON of=::17 "t , T. WADE UNC7E MY 5(JPEfz1 151ON of THE rKOPE.T`i' T G D oP TC VST €Ec_c v IN t3 x>K T !" SHOw/N HE-KEON ANP THAT NO CHAI IGE VVE- tzE FOUNDL-XCF-fT A5 SHOWN ANP NOTED HEKEON, AL'I H E SL vE`i-5;I\. F;Y - LiENCho, Rmha-kA AOC+ a 6 GD Ora-rjWl t4. J: COQDra-r w PATS - L.S. `l 18 1.,(FNf-t0LPEfe,, HF•KF-1344 CDN:5E.N75 5 of -tiff KEC0P-.P .T'(Ot\l OF 7H(5 Pl- t .. t -r= E D OF TP-VSTC OK:I7EU IN w L J FIN HOL.VF•R2' APF9DV J--- I- [ENS }OJ_ b R HF- ZP-: 51 CON5t tSN i ANP APP(z.C VI~S OFTHECC')FZI.`i IC j t ' 114°2 PL `'- 17J'J = 2 OF "Tf2Ut571 I;;EC09DE:D IN 500t<, A r f Gr:: 11 W r0WJ W 9 IWI IIIIIIn•l0•olilOf.911 1 9.1. 1 NOTICE According to Colorado law you must curnmence any legal actio+ based upon any defect in this survey within 9 years after you first discover such defect in no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereom - t3 t A4 Alpine Surveyed 12 • I& ` :3Co 5.N. Revisions Cv 4 sco Title CON M) N l U M MAP 5HF-E:T I Oi: 2 Job No 662 - 9q - ( o rafted 15-20-S3& 0 -Fl.. 2.....l010TientG). LE Post Office Box 1730 Aspen, Colorado 81612 (! . 7. 91 303 925 2688 5-13- 92 2. 39 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska 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 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. If this jacket was created electronically, it constitutes an original document. 40 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I— Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. 41 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance 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. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. 42 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado- Schedule A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule A Transaction Identification Data for reference only: Issuing Agent: Aspen Title & Escrow Issuing Office: 449 East Hopkins Avenue, Aspen, CO 81611 ALTA® Universal ID: Pending Loan ID Number.: Issuing Office File Number: ATE-2024-274 Revision No.: Property Address: 950 Cemetery Lane, Unit 2, Aspen, CO 81611 SCHEDULE A 1. Commitment Date: 02/13/2024 at 8:00 AM 2. Policy (or Policies) to be issued: (a) ALTA Owner's Policy (6-17-06) Standard Coverage Extended Coverage Proposed Insured:SBS Properties LLC, a Colorado limited liability company Proposed Policy Amount: $5,825,000.00 3. The estate or interest in the Land described or referred to in this Commitment is fee simple 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Jennifer Jones and Robert Matthew Jones 5. The Land is described as follows: Property description set forth in Exhibit A attached hereto and made a part hereof. FIRST AMERICAN TITLE INSURANCE COMPANY PREMIUMS: ALTA Owner’s Policy $7,995.00 43 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado- Schedule A Extended By: Authorized Signatory Susan Sarver, License #: 271422 Aspen Title & Escrow Issuing Agent 44 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII File No.: ATE-2024-274 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate of interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. A satisfactory owner’s affidavit must be completed, executed and returned to the Company. NOTE: See Requirement No. 8 6. Payment of all taxes and assessments now due and payable. 7. Payment of any and all Condominium assessments and expenses which may be assessed to the property. 8. Furnish the Company with an updated Improvement Survey Plat. Exceptions will be taken to any adverse matters thereby disclosed. 9. Relating to SBS Properties LLC, a Colorado limited liability company, the Company requires for its review the following: a) Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereto. b) Execution of the Statement of Authority pursuant to the provisions to Section 38-30-172 C.R.S. 10. Furnish for recordation a deed as set forth below: Grantor(s): Jennifer Jones and Robert Matthew Jones Grantee(s): SBS Properties LLC, a Colorado limited liability company 45 ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BI This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII The search did not disclosed any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. NOTE: A 24 month Chain of Title has been completed and we find the following: NONE FOUND NOTE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. NOTE: Exception No. 1-4 will not appear on the Policy, Exception No. 5 will be removed from the policy provided the company conducts the closing. This transaction may be subject to a Geographic Targeting Order (“GTO”) issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. 46 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Schedule BII File No.:ATE-2024-274 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interest, or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession of the Land. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I — Requirements are met. Note: Exception number 5 will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any water rights, claims of title to water, in, on or under the Land. 8. Rights of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States Patent recorded June 8, 1888 in Book 55 at Page 2 . 47 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII 9. Rights of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States Patent recorded June 16, 1894 in Book 55 at Page 45 . 10. Easements, rights of way and all other matters as described on the Plat of the Snowbunny Subdivision, recorded, May 2, 1957 in Ditch Book 2a at Page 229 as Reception No. 105066. 11. Covenants, conditions, restrictions and lien rights but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state of federal laws, except to the extent that said covenants or restriction is permitted by applicable law, as set forth in the Condominium Declaration for the Protective Covenants of Snow Bunny Subdivision, recorded May 2, 1957 in Book 181 at Page 255 as Reception No. 105074. 12. Terms, conditions, provisions and obligations as set forth in Declaration of Trust for the Benefit of the Property Owners in the Snowbunny Subdivision, recorded August 8, 1958 in Book 184 at Page 435 as Reception No. 106756. 13. Terms, conditions, provisions and obligations as set forth in the Architectural Control Committee Snow Bunny Corporation, recorded October 13, 1965 in Book 216 at Page 96 as Reception No. 122079. 14. Terms, conditions, provisions and obligations as set forth in Statement of Exemption, recorded September 2, 1986 in Book 517 at Page 962 as Reception No. 281025 . 15. Covenants, conditions, restrictions and lien rights but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state of federal laws, except to the extent that said covenants or restriction is permitted by applicable law, as set forth in the Condominium Declaration for The Merry Condominiums, recorded September 2, 1986, in Book 517 at Page 964 as Reception No. 281026 , Supplemental Condominium Declaration, recorded September 29, 1986, in Book 519 at Page 793 as Reception No. 281896 , Second Supplemental Condominium Declaration, recorded June 23, 1992, in Book 681 at Page 565 as Reception No. 346101 and Third Supplement to Condominium Declaration for The Merry Condominiums recorded October 11, 2017 as Reception No. 642133 . 16. Easements, right of way and all other matters as shown on the Condominium Map of The Merry Condominiums, recorded September 02, 1986 in Plat Book 18 at Page 97 as Reception No. 281027 and the First Amended Condominium Map of The Merry Condominiums, recorded August 12, 1997 in Plat Book 43 at Page 37 as Reception No. 407228. 17. Terms, conditions, provisions and obligations as set forth in Settlement Agreement and Mutual Release, recorded August 12, 1997 as Reception No. 407229 . 18. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on the Improvement Survey Plat, prepared by High Country Engineering, Inc., dated February 18, 2019 as File No. 2191605_ISP : a) claims of right, title and/or interest in the property between the boundary line and the fence as depicted on the survey b) Gas Line, Underground Electric Line, CATV, on the southeasterly, all within the 10’ setbacks. 48 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 10 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Schedule BI & BII NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. 49 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 11 of 15 ALTA Commitment for Title Insurance (8-1-16) Colorado - Exhibit A ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company Exhibit A File No.: ATE-2024-274 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Situated in the County of Pitkin and State of Colorado described as follows: Condominium Unit 2, THE MERRY CONDOMINIUMS, according to the Condominium Map recorded September 2, 1986 in Plat Book 18 at Page 97 and First Amendment to the Condominiums Map recorded August 12, 1997 in Plat Book 43 at Page 37, and according to the Condominium Declaration for The Merry Condominiums, recorded September 2, 1986 in Book 517 at Page 964 as Reception No. Supplemental Condominium Declaration, recorded September 29, 1986, in Book 519 at Page 793 as Reception No. 281896, Second Supplemental Condominium Declaration, recorded June 23, 1992, in Book 681 at Page 565 as Reception No. 346101 and Third Supplement to Condominium Declaration for The Merry Condominiums recorded October 11, 2017 as Reception No. 642133. 50 © 2022 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY23 (12-19-22)Page 12 of 15 Privacy Notice (2023 First American Financial Corporation) English Privacy Notice Notice Last Updated: December 1, 2022 This Privacy Policy (“Policy”) describes how First American Financial Corporation and its subsidiaries and affiliates (collectively, “First American,” “we,” “us,” or “our”) collect, use, store, and share your information when: (1) when you access or use our websites, mobile applications, web-based applications, or other digital platforms where this Policy is posted (“Sites”); (2) when you use our products and services (“Services”); (3) when you communicate with us in any manner, including by e-mail, in-person, telephone, or other communication method (“Communications”); and (4) when we obtain your information from third parties, including service providers, business partners, and governmental departments and agencies (“Third Parties”). This Policy applies wherever it is posted. To the extent a First American subsidiary or affiliate has different privacy practices, such entity shall have their own privacy statement posted as applicable. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy-policy/. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.firstam.com/privacy-policy/. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; (4) to subsidiaries and affiliates; and (5) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect Your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy-policy/. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacy@firstam.com or toll free at 1-866-718-0097. 51 © 2022 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY23 (12-19-22)Page 13 of 15 Privacy Notice (2023 First American Financial Corporation) English For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act and its implementing regulations (“CCPA”). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy or by calling toll-free at 1-866-718-0097. Right to Correct. You have a right to request that we correct your personal information. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for correction, go to our online privacy policy at www.firstam.com/privacy-policy or call toll-free at 1-866-718-0097. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy or by calling toll-free at 1-866-718-0097. Verification Process. For a request to know, correct or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale and Share. We have not sold or shared the personal information of California residents in the past 12 months. To the extent any First American affiliated entity has a different practice, it will be stated in the applicable privacy policy. We do not knowingly sell or share the personal information of any California resident under the age of 16. Right of Non-Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, how we have used that information, and how we share that information, please see “California Privacy Rights Act and Disclosures” in https://www.firstam.com/privacy-policy. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see “California Privacy Rights Act and Disclosures” in https://www.firstam.com/privacy-policy. 52 © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 50074508 (12-23-20)Page 14 of 15 Disclosure Statement (5-1-15) Colorado DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder’s office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that “Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner’s policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner’s policy or owner’s policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer’s authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer’s authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. 10-11-122 (4), 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. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner’s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-1, Affirmative mechanic’s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic’s and material-men’s liens. 53 © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 50074508 (12-23-20)Page 15 of 15 Disclosure Statement (5-1-15) Colorado D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. 54 Page 1 of 5 Staff Memo – 1280 Red Butte Drive MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Haley Hart, Long Range Planner MEMO DATE: November 11th, 2024 MEETING DATE: November 19th, 2024 RE: Top of Slope Determination via Special Review and Stream Margin Review APPLICANT/OWNER: Tim Rodgers, 1280 RBD LLC REPRESENTATIVE: Stefanie Richter, Rowland+Broughton Architecture LOCATION: 1280 Red Butte Drive Subdivision: Gaylord, Lot 1 CURRENT ZONING & USE This property is located in the Low-Density Residential (R-30) zone district and is developed with an existing single-family home. PROPOSED LAND USE: The Applicant requests an alternative top of slope determination from what is specified by the City of Aspen Stream Margin Map which requires a Special Review. Additionally, the applicant requests Stream Margin Review due to proposed redevelopment on site. Stream Margin Review is an administrative application, but the applicant has requested a combined reviewed by the Planning & Zoning Commission. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the request for an alternative top of slope determination via Special Review and Stream Margin Review subject to the draft Resolution. Figure 1. 1280 Red Butte Drive 55 Page 2 of 5 LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant requests the following land use approvals from the Planning and Zoning Commission: • Section 26.435.040.E - Special Review: An application requesting an appeal of the Stream Margin Map’s top of slope determination requires Special Review by the Planning and Zoning Commission. The Planning and Zoning Commission is the final review body. • Section 26.435.040.C - Stream Margin Review: An application requesting development within one hundred (100) feet from the high-water line of the Roaring Fork River which does not meet Exemption criteria, requires Stream Margin Review by the Community Development Director. The applicant requests a combined review therefore the Planning and Zoning Commission is the final review body for this site-specific approval. SUMMARY OF PROJECT: Existing Conditions: 1280 Red Butte Drive is in the Low Density Residential (R-30) Zone District and is part of the Gaylord Subdivision/PD (Plat memorialized in Book 5, Page 20). The parcel is approximately 40,942 sq. ft. and contains an approximately 3,200 sq. ft. single family residence. Located along the Roaring Fork River, existing improvements consists of the residence which is entirely within the established top of slope demarcation pursuant to the City of Aspen adopted Stream Margin map (see Figure 2). Additionally, a detached garage exists on site and sits within the 100-foot-high water line and is subject to Stream Margin Review. There is a current deck and gravel court (see Figure 3 and 4) which is within both current and proposed top of slope which is proposed to be removed. Property topography is sloping leading down to the Roaring Fork River. Figure 2. Existing Top of Slope (orange), Proposed Top of Slope (pink), Stream Margin Review Area (yellow), Special Hazard Flood Area (dark blue) 56 Page 3 of 5 STAFF COMMENTS: Currently, the residence is entirely within the top of slope. Redevelopment plans are proposed for the property which entails a Stream Margin Review in addition to the applicants request for an alternative top of slope determination via Special Review. It is the applicant’s intent to amend the top of slope to ensure that redevelopment is done in compliance with Stream Margin standards. The applicant requests Special Review to determine a new top of slope which has been reviewed by City of Aspen Engineering, and a Stream Margin Review as the development is within the 100-foot high-water line of the Roaring Fork River and does not meet the exemption criteria because the redevelopment adds more than 10% to the existing floor area. The following redevelopments are proposed for the residence: • Removal and replacement of the existing spa/hot tub with a gas firepit • Modifying the existing front exterior by expanding the entry space with a vestibule and roof extension, as well as updating the exterior deck and deck railing • Adding snowmelt to select areas • Covering an existing unenclosed walkway from the proposed entry of the residence to the existing garage • Adding an exterior staircase to the west side of the deck • Adding a concrete pad and extending the roof overhang on the west side of the garage for a bear proof trash enclosure and mechanical equipment • Improving landscaping Figure 3 and 4. Current deck and gravel court within the Top of Slope 57 Page 4 of 5 • Replacing existing guardrails at all patio locations If approved for alternative top of slope, the redevelopment will be entirely outside of the top of slope, which subsequently, will meet Stream Margin Review Criteria. Special Review: Section 26.435.040.E - Special Review, requires an application seeking an appeal of the Stream Margin Map’s Top of Slope designation be processed as a Special Review. The criteria for seeking variance from the adopted top of slope map requires a surveyor to make an alternative determination which is substantiated by the City Engineering Department. There are two (2) review criteria associated with Special Review for an alternative Top of Slope Determination, Section 26.435.040.E and are included in Exhibit A. The City of Aspen’s Top of Slope map was established via survey. This survey mainly used LIDAR data at a city-wide scale. This codified Top of Slope map reflects site conditions in most cases, but in areas with heavy trees, or with multiple riverbank benches, the top of slope map can deviate from site specific conditions. In the case of 1280 Red Butte Drive, the existing top of slope, as determined from the existing map, bifurcates the property in a way that does not match the on-stie conditions. An adjusted top of slope was discussed on site with a member from the Engineering Department, the applicant's surveyor, and the applicant's planning team to determine an accurate, site specific top of slope. To meet review criteria 26.435.040.E.1, the top of slope determination site plan was submitted by a licensed surveyor and referred to the City of Aspen Engineering for review. The proposed top of slope as presented, is what was discussed and agreed upon between the Engineering Staff member and the applicant. Staff finds that the proposal meets the standards of Land Use Code Section 26.435.040.E - Special Review. Stream Margin Review: Section 26.435.040.C - Stream Margin Review, applies to areas located within one hundred (100) feet, measured horizontally, from the high-water line of the Roaring Fork River and its tributary streams or within the 100-year floodplain as determined by FEMA (also called the special flood hazard area). Stream Margin Review requires the applicant to meet eleven (11) criteria as found in Exhibit B. Development in these areas is subject to heightened review as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review encourages development and land uses that preserve and protect existing watercourses as important natural features such as the riparian zone as well as development which may impede on aesthetics. Criteria addressing the top of slope, top of slope setback and 45-degree angle height limitation provides improved experiences along the river corridor for recreational users as to limit mass and bulk into the view plane from the Roaring Fork River (see Figure 5). The application complies with all applicable review criteria if top of slope determination is approved. The top of slope determination is an important factor in determining if Stream Margin Review is met due to the fact that the existing improvements will no longer be within the top of slope and top of slope setback. Figure 5. 45-degree Angle Height Limitation 58 Page 5 of 5 If Special Review is approved for an alternative top of slope, the sole disturbance within the proposed top of slope will be removal of an existing deck and gravel court which will bring the site into compliance with Stream Margin Review standards. A condition stating native vegetation will be planted where the work is proposed is included in the resolution. City of Aspen Engineering has reviewed the plans for removal and approves with conditions regarding native vegetation planting. The other condition stated in the resolution in response to Stream Margin Review Criteria is regarding outdoor lighting. No exterior lighting improvements are proposed in the redevelopment plan. Staff has included a condition that lighting shall comply with Section 26.512 – Outdoor Lighting, at time of permit submission and is a condition of approval to ensure compliance. The Planning and Zoning Commission will determine if the proposal meets the criteria for a Special Review and Stream Margin Review as this is a combined review. The Commission is the final review authority. REFERRAL COMMENTS: Engineering: Revegetation Plan: An approved native revegetation plan shall be approved by the Engineering Department in the location of the removed court and deck within the Top of Slope. Planning: All outdoor lighting shall comply with Section 26.512 – Outdoor Lighting at time of permit submission. RECOMMENDATION: The Community Development Department Staff recommends the Planning and Zoning Commission approve the request for Special Review for an Alternative Top of Slope Determination and Stream Margin Review. RECOMMENDED MOTION: “I move to approve Special Review for an Alternative Top of Slope Determination and Stream Margin Review, subject to the conditions as stated in Resolution #XX, Series of 2024.” ATTACHMENTS: Exhibit A – Stream Margin Special Review, Top of Slope Determination Criteria Exhibit B – Stream Margin Review Standards Criteria Exhibit C – Application 59 P&Z Resolution # XX, Series 2024 1280 Red Butte Drive Page 1 of 3 RESOLUTION #XX SERIES OF 2024 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE DETERMINATION AND STREAM MARGIN REVIEW FOR THE PROPERTY LEGALLY DESCRIBED AS SUBDIVISION: GAYLORD LOT: 1, ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 1280 RED BUTTE DRIVE Parcel ID No: 2735-013-16-001 WHEREAS, the Community Development Department received an application from Tim Rodgers, 1280 RBD LLC (Applicant) on November 16, 2023, represented by Stefanie Richter, Rowland+Broughton Architecture (Representative), for Special Review for an Alternative Top of Slope Determination and Stream Margin Review pursuant to Land Use Code Section’s 26.435.040.E - Special Review and 26.435.040.C - Stream Margin Review; and, WHEREAS, the Community Development Department Staff reviewed the application for redevelopment of a single family residence and detached garage for compliance with the applicable review standards; and, WHEREAS, the Community Development Department referred the Application to the City of Aspen Engineering Department; and, WHEREAS, the City of Aspen Engineering Department, the applicant's surveyor, and the applicant's planning team meet on-site and determined from the existing map, the current top of slope bifurcates the property in a way that does not match the on-stie conditions, and an adjusted top of slope was discussed on site; and, WHEREAS, the City of Aspen Engineering Department and applicant discussed and agreed upon a proposed top of slope and approves such proposed changes to the top of slope with conditions; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for an Alternative Top of Slope Determination and Stream Margin Review to the Planning and Zoning Commission as a combined review; and, WHEREAS, the Planning and Zoning Commission reviewed a request for a Special Review for an Alternative Top of Slope and Stream Margin Review, at a duly noticed public hearing on November 19th, 2024; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record; and, 60 P&Z Resolution # XX, Series 2024 1280 Red Butte Drive Page 2 of 3 WHEREAS, the Planning and Zoning Commission finds the request to meet the Review Criteria for Special Review for an Alternative Top of Slope (Section 26.435.040.E) and Stream Margin Review (Section 26.435.040.C) reviews; and, WHEREAS, during a duly noticed public hearing on November 19th, 2024, the Planning and Zoning Commission approved Resolution #XX, Series of 2024, by a XX to XX (_ - _) vote, approving Alternative Top of Slope as shown in Exhibit A and Stream Margin Review for the development as shown in Exhibit B, and as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Conditions of Approval A portion of the lot is within the Stream Margin Review Area as established by Section 26.435.040.C. and the newly adopted Top of Slope as set forth in Exhibit A. The proposed remodel as depicted in Exhibit B, meets Stream Margin Review Criteria with the following conditions which shall be met prior to issuance of a building permit: A. Revegetation Plan: An approved native revegetation plan shall be approved by the Engineering Department in the location of the removed court and deck within the Top of Slope. B. Outdoor Lighting: All outdoor lighting shall comply with Section 26.512 – Outdoor Lighting at time of permit submission. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed 61 P&Z Resolution # XX, Series 2024 1280 Red Butte Drive Page 3 of 3 a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, approved this 19th day of November 19th, 2024. Approved as to form: Approved as to content: __________________________ ______________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair Attest: _______________________________ Tracy Terry, Deputy Clerk Exhibit A - Approved Alternative Top of Slope (Recorded) Exhibit B - Approved Plans (Recorded) 62 Exhibit A - Approved Alternative Top of Slope 63 7752 7 7 5 6 7 7 5 4 7 7 4 5 7 750 7731 7 7 3 2 7738 7739 7742 7741 7754 7 7 5 6 7 7 5 5 7 7 5 4 77 53 7753 7 7 5 2 7 7 5 3 7 7 5 37754 7 7 4 5 7739 7 7 3 4 7 7 3 3 7735 7 735 7740 7750 7 7 5 7 7755 7 7 5 4 7756 WVS E T C S E EXISTING GARAGE PROPOSED MECHANICAL CONCRETE PAD AT GRADE EXISTING RESIDENCE UPPER LIMIT STANDARD PROJECT FLOOD 100 YEAR FLOOD PLAIN LINE MEAN HIGH WATER LINE PROPERTY LINE PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE SETBACK LINE SETBACK LINE HOA SETBACK LINE S E T B A C K L I N E H O A S E T B A C K L I N E HOA SETBACK LINE PROPOSED TRASH CONCRETE PAD EXISTING GRAVEL DRIVEWAY AND PARKING TO REMAIN 2 5 '- 0 " EXISTING PATIO AT GRADE PROPOSED FIRE PIT AT GRADE UPDATED EXISTING STONE STEPS AND WALKWAY PROPOSED WALKWAY AND GAZEBO AT GRADE, IN COMPLIANCE WITH CODE SEC.26.575.020.5F. 25'-0" DEMO EXISTING WALKWAY PROPOSED GUARDRAIL ON EXISTING DECK PROPOSED EXTENDED ROOF PROPOSED WALKWAY AND GAZEBO AT GRADE, IN COMPLIANCE WITH CODE SEC.26.575.020.5F. 36" PROPOSED TOP OF SLOPE 15' TOP OF SLOPE SETBACK 15'-0" PROPOSED STAIR, IN ACCORDANCE WITH HOA B-3 18'-5 1/2" 1 7'- 3 " 2'- 0 1 / 4 " 5'- 9 " 9'- 9 1 / 4 " 1280 RED BUTTE DR. ASPEN, CO 81611 +/-2,494 SF 1280 RED BUTTE DR. ASPEN, CO 81611 +/-2,494 SF RED BUTTE DR 1 9'-0 " 4'-6 " 2 9'-4 1/4 " 7'-1 " 8'-6 " 5'-6 " 999 SF 4 2'- 1 1 3/4 " EXISTING DECK AND COURT REMOVED (60' R.OW.) 60'-0" 1 0 '- 0 " 10'-0" 25'-0" EXISTING NON-CONFORMING HOA SETBACK ENCROACHMENT rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 1 : 0 5 : 1 7 A M 1/16" = 1'-0" A1.0 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 PROPOSED SITE PLAN SCALE: PLAN NORTH TRUE NORTH A1.0 1/16" = 1'-0" 1 PROPOSED SITE PLAN Copy 1 06.11.2024 HOA SUBMITTAL 09.13.2024 LAND USE SUBMITTAL Exhibit B - Approved Plans 64 ROOF LEVEL 115'-3 5/8" 14 LOFT LEVEL FIN 109'-10" T.O. FINISH GARDEN LEVEL 90'-9" T.O. FINISH ENTRY LEVEL FIN 100'-0 3/4" T.O. FINISH 23 24 ' - 6 5 / 8 " 9' - 3 3 / 4 " 9' - 9 1 / 4 " 5' - 5 5 / 8 " 19'-5 1/2" 5'-10 3/4"8'-7 1/4"4'-11 1/2" PROPOSED GUARDRAIL EXISTING LOG POST TO REMAIN EXISTING LOG BEAM TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING GUTTER TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING STEP TO REMAIN 12 EXST 3' - 6 " 1 12 EXST EXST EXST 5'-10 1/2" +/- 6" 1'-5 3/8" 13 ' - 6 1 / 2 " ROOF LEVEL 115'-3 5/8" A LOFT LEVEL FIN 109'-10" T.O. FINISH GARDEN LEVEL 90'-9" T.O. FINISH ENTRY LEVEL FIN 100'-0 3/4" T.O. FINISH BEFCD 9' - 3 3 / 4 " 9' - 9 1 / 4 " 5' - 5 5 / 8 " 24 ' - 6 5 / 8 " EXISTING GUTTER TO REMAIN EXISTING LOG COLUMN EXISTING RETAINING WALL TO REMAIN EXISTING RETAINING WALL TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN EXISTING STEP TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN 39'-7" 3'-7"7'-6 1/2"13'-8 5/8"10'-5 1/8"4'-3 3/4" EXST PROPOSED GUARDRAIL EXST EXST EXST VENT 5'-10 1/2" +/- 6" 13 ' - 6 1 / 2 " 3'-2 3/4"PROPOSED SPIRAL STAIR PROPOSED DECK EXTENSION FOR STAIR LANDING rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 1 : 0 5 : 1 8 A M 1/4" = 1'-0" A4.0 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 EXTERIOR ELEVATIONS SCALE:A4.0 1/4" = 1'-0" 1 EAST ELEVATION - RESIDENCE SCALE:A4.0 1/4" = 1'-0" 2 NORTH ELEVATION - RESIDENCE 06.11.2024 HOA SUBMITTAL 09.13.2024 LAND USE SUBMITTAL 65 FLOOR AREA CALCULATIONS ALLOWABLE FLOOR AREA: 40,942 SF LOT AREA (ABOVE HIGH WATER LINE) -3,928 SF > 20% SLOPE 37,014 SF NET LOT AREA 4,500 SF OF FLOOR AREA, PLUS 6 SF OF FLOOR AREA FOR EACH ADDITIONAL 100 SF IN NET LOT AREA, UP TO A MAXIMUM OF 6,600 SF 22,014 SF (AREA ABOVE 15,000 SF) / 100 SF = 220.14 220.14 x 6 SF = 1,321 SF 4,500 SF + 1,321 SF = 5,821 SF 5,821 SF ALLOWABLE FLOOR AREA EXEMPT DECK AREA: (15% OF ALLOWED FLOOR AREA DECK IS EXEMPT FROM FLOOR AREA CALCULATIONS) 5,821 SF ALLOWABLE FLOOR AREA x0.15 SF 873 SF OF DECK AREA EXEMPT FROM TOTAL ALLOWABLE FLOOR AREA EXEMPT GARAGE AREA: 250 SF OF GARAGE AREA IS EXEMPT NEXT 251 -500 SF OF GARAGE, 50% WILL BE EXCLUDED FROM FLOOR AREA ABOVE 500 SF IS NOT EXCLUDED EXISTING FLOOR AREA EXISTING FLOOR AREA: 740 SF GARDEN LEVEL FAR + 694 SF ENTRY LEVEL FAR + 58 SF LOFT FAR 1,492 SF TOTAL INTERIOR FLOOR AREA 438 SF GARDEN LEVEL PATIO (OVERHANG >4') + 427 SF ENTRY LEVEL DECK -873 SF EXEMPT DECK AREA 0 SF TOTAL DECK FLOOR AREA (8 SF EXEMPT REMAINING) 853 SF OF GARAGE -250 SF EXEMPT FROM GARAGE -125 SF 50% AREA FROM 251-500 SF 478 SF TOTAL GARAGE FLOOR AREA 1,492 SF TOTAL INTERIOR FLOOR AREA 478 SF GARAGE AREA 0 SF DECK AREA 1,970 SF TOTAL FLOOR AREA ALLOWABLE AREA CODE SUMMARY: CITY OF ASPEN LAND USE CODE, SECTION 26.575.020 CALCULATIONS AND MEASUREMENTS. MEASURING FLOOR AREA. IN MEASURING FLOOR AREAS FOR FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA. THE FOLLOWING APPLIES: PER SEC.575.020, SECTION 5 OF LAND USE CODE: THE CALCULATION OF THE FLOOR AREA OF A BUILDING OR PORTION THEREOF SHALL NOT INCLUDE DECKS, BALCONIES, TRELLIS, EXTERIOR STAIRWAY, NON-STREET FACING PORCHES, GAZEBOS AND SIMILAR FIXTURES, UNLESS THE AREAS OF THESE FEATURES IS GREATER THAN FIFTEEN PERCENT OF THE ALLOWABLE FLOOR AREA FOR THE PROPERTY IN USE AND DENSITY PROPOSED, OTHERWISE EXEMPTED PER THIS SECTION. UNENCLOSED AREA BENEATH DECKS, BALCONIES, AND EXTERIOR STAIRWAYS SHALL BE EXEMPT FROM FLOOR AREA CALCULATIONS UNLESS THAT AREA IS USED AS A CARPORT. PATIOS DEVELOPED AT OR WITHIN SIX INCHES OF FINISHED GRADE SHALL NOT BE COUNTED TOWARDS FLOOR AREA. THESE FEATURES MAY BE COVERED BY ROOF OVERHANGS OR SIMILAR ARCHITECTURAL PROJECTIONS OF UP TO 4 FEET, AS MEASURED FROM FACE OF THE BUILDING AND REMAIN EXEMPT FROM FLOOR AREA CALCULATIONS. WHEN ROOF OVERHANG OR SIMILAR ARCHITECTURAL FEATURES EXCEED FOUR FEET, THE ENTIRE FEATURE COUNTS TOWARDS FLOOR AREA. GENERAL:FLOOR AREA SHALL BE ATTRIBUTED TO THE LOT OR PARCEL UPON WHICH IT IS DEVELOPED. IN MEASURING A BUILDING FOR THE PURPOSES OF CALCULATING FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THERE SHALL BE INCLUDED ALL AREAS WITHIN THE SURROUNDING EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF. THEN MEASURING FROM THE EXTERIOR WALLS, THE MEASUREMENT SHALL BE TAKEN FROM THE EXTERIOR FACE OF FRAMING, EXTERIOR FACE OF STRUCTURAL BLOCK, EXTERIOR FACE OF STRAW BALE, OR SIMILAR EXTERIOR SURFACE OF THE NOMINAL STRUCTURE EXCLUDING SHEATHING, VAPOR BARRIER, WEATHERPROOFING MEMBRANE, EXTERIOR-MOUNTED INSULATED SYSTEMS, AND EXCLUDING ALL EXTERIOR VENEER AND SURFACE TREATMENTS SUCH AS STONE, STUCCO, BRICKS, SHINGLES, CLAPBOARD OR OTHER SIMILAR EXTERIOR VENEER TREATMENT. PROPOSED FLOOR AREA PROPOSED FLOOR AREA: 740 SF GARDEN LEVEL FAR + 800 SF ENTRY LEVEL FAR + 58 SF LOFT FAR 1,598 SF TOTAL INTERIOR FLOOR AREA 438 SF GARDEN LEVEL PATIO (OVERHANG >4') + 27 SF SPIRAL STAIR + 438 SF ENTRY LEVEL DECK + 415 SF GAZEBO COVERED WALKWAY (UNATTACHED) -873 SF EXEMPT DECK AREA 445 SF TOTAL DECK FLOOR AREA 853 SF OF GARAGE -250 SF EXEMPT FROM GARAGE -125 SF 50% AREA FROM 251-500 SF 478 SF TOTAL GARAGE FLOOR AREA 1,598 SF TOTAL INTERIOR FLOOR AREA 478 SF GARAGE AREA 445 SF DECK AREA 2,521 SF TOTAL FLOOR AREA FLOOR AREA 694 SF DECK AREA (A) 427 SF FRONT PORCH (EXEMPT) FLOOR AREA 58 SF ATTIC (EXEMPT) 24 SF COVERED PATIO 438 SF FLOOR AREA 740 SF LEGEND FLOOR AREA COVERED PATIO OVERHANGS > 8'-0" DECK AREA > 30" ABOVE GRADE ATTIC < 30" IN HEIGHT FLOOR AREA 888 SF COVERED PATIO 438 SF FLOOR AREA 740 SF COVERED PATIO 27 SF FLOOR AREA 58 SF ATTIC (EXEMPT) 24 SF FLOOR AREA 800 SF DECK AREA (A) 438 SF FRONT PORCH (EXEMPT) FLOOR AREA 888 SF UNATTACHED COVERED WALKWAY EXISTING HOME PROPOSED ENTRY VESTIBULE UNATTACHED COVERED WALKWAY (GAZEBO) 415 SF STRUCTURE ABOVE MEETS DEFINITION OF GAZEBO PER COA 26.575.020(d)(5)(a) SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 3 EXISTING ENTRY LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 1 EXISTING LOFT LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 5 EXISTING GARDEN LEVEL rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 2 : 4 0 : 0 0 P M A0.4a 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 FLOOR AREA CALCULATIONS SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 7 EXISTING GARAGE SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 6 PROPOSED GARDEN LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 2 PROPOSED LOFT LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 4 PROPOSED ENTRY LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 8 PROPOSED GARAGE SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 9 GAZEBO PROPOSED FAR FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - 09.13.2024 LAND USE SUBMITTAL 66 Exhibit A Special Review Criteria Sec. 26.435.040. Stream margin review. E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regard to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and Staff Response: The Applicant is proposing a new top of slope determination and has submitted a survey from a licensed surveyor showing the proposed Top of Slope and 100- year flood plain. The top of slope determination site plan was submitted by a licensed surveyor and referred to the City of Aspen Engineering for review. The proposed top of slope as presented, is what was discussed and agreed upon between the Engineering Staff member and the applicant. The Engineering Department has confirmed the proposed alternative Top of Slope as sufficient and consistent with the alternative. Staff finds this criterion to be met. 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. Staff Response: Not applicable as applicant is proceeding with Stream Margin Review. 67 Exhibit B Stream Margin Review Standards Criteria Section 26.435.040.(c). Stream Margin Review Standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: (1) It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staff response: Criteria is not applicable as proposed redevelopment is not within the proposed Special Flood Hazard Area (aka 100 Year Flood Plain) or Top of Slope 15-foot setback. The removal of an existing deck and court is proposed to be removed from the Special Flood Hazard Area which is the only disturbance within the Stream Margin Review area. This to ensure compliance on site. Native vegetation will be planted in the disturbed area. The remove of non-compliant deck and court will not disturb the base flood elevation. Staff finds this criterion to be met. (2) The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Staff response: A Fishing Easement, recorded in Book 5, Page 20, is in existence and is denoted on the proposed survey. Proposed development meets the regulatory plans of the Open Space and Trails Board and Roaring Fork River Greenway Plan. Staff finds this criterion to be met. (3) There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040(f)(1); and Staff response: There are no slope grade changes proposed, or vegetation removed outside of the proposed building envelope per approved Final Gaylord Subdivision Plat. Staff will include as a condition that native vegetation will be planted where the existing non- compliant deck and court removal will take place. Staff finds this criterion to be met with conditions. 68 Exhibit B Stream Margin Review Standards Criteria (4) The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff response: The proposed improvements do not pollute nor interfere with natural changes to the river. Drainage for the redevelopment, including the newly located spa, are designed as such to prevent entry into the river or its banks and are not located within the Special Flood Hazard Area or Top of Slope 15-foot setback. Staff finds this criterion to be met. (5) Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff response: No alterations or relocations of the water course are proposed. Staff finds this criterion to be not applicable. (6) A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff response: No alterations or relocations of the water course are proposed. Staff finds this criterion to be not applicable. (7) Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staff response: No new development is proposed within the 100-year Flood Plain. Staff finds this criterion to be not applicable. (8) There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff response: Removal of an existing deck and court will take place within the top of slope to bring the site into compliance (See Figure 1). A condition stating native vegetation will be planted where the work is proposed is included in the approval. City of Aspen 69 Exhibit B Stream Margin Review Standards Criteria Engineering has reviewed the plans for removal and approves with conditions regarding native vegetation planting. Staff finds this criterion to be met with conditions. (9) All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and Staff response: All proposed development is outside of the 15-foot setback if the proposed top of slope is approved via Special Review. The current and proposed development does not exceed the 45-degree angle height limitation (see Figure 2). Staff finds this criterion to be met. Figure 2: 45-degree Angle Height Limitation Figure 1: Top of Slope 70 Exhibit B Stream Margin Review Standards Criteria (10) All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Staff response: No exterior lighting improvements are proposed, and lighting will comply with Section 26.512 – Outdoor lighting. A condition that lighting will comply with all lighting code standards at time of permit submission will be set as a condition of approval. Staff finds this criterion to be met with conditions. (11) There has been accurate identification of wetlands and riparian zones Staff response: An Investigation Summary by RedMountain Environmental is included in the application. The memo identifies a potential PEM1C wetland (Palustrine, Emergent, Persistent, Seasonally Flooded) along the Roaring Fork River on the property (see Figure 3). The potential PEM1C wetland is within the Top of Slope where no development is proposed. Staff finds this criterion to be met. Figure 3: Potential Wetland Area 71 72 73 74 75 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 76 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the Case Planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee(s). The Community Development Department shall keep an accurate record of the actual time required to process a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 77 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, 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, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 78 79 Page 1 of 2 PROJECT NARRATIVE Date: November 16, 2023 Project Name: 1280 Red Butte | Stream Margin Review Parcel Number: 2735-013-16-001 Land Use Review Committee, This 1280 Red Butte Drive project is in the low density residential (R-30) zone district and is part of the Gaylord Subdivision. The existing property consists of a single-family residence and a detached garage. As part of the administrative review, we are proposing to alter the site with the below improvements: • We propose to remove and replace the existing spa/hot tub with a gas firepit. • Developments to the residence include modifying the existing front exterior by expanding the entry space with a vestibule and roof extension, as well as updating the exterior deck and deck railing. • We propose enhancing the exterior circulation by adding snowmelt to select areas, a covered unenclosed walkway from the proposed entry of the residence to the existing garage and placing an exterior staircase to the west side of the deck. With these advancements we hope to improve the site and living space with easier accessibility to single family dwelling and detached garage. • We propose to add a concrete pad on the west side of the garage for a bear proof trash enclosure and added mechanical equipment. In addition to an extended roof overhang to cover the new equipment und utilities. The landscape in this area will be improved. • We propose to improve the exterior safety conditions by replacing the existing guardrail at all patio locations. • We propose to update the existing landscape design of the site including the new firepit and front of the home where walkway and entryway addition to single family residence occur. The entire existing single-family dwelling and detached garage currently exists within one hundred feet from the high-water line of the Roaring Fork River which subjects the proposed developments to a Stream Margin Review. We are applying for an administrative review of the proposed scope of work above based on the information below. 1. The proposed development is not within the 100’ year flood plan. 2. There is no proposed change to the existing fisherman’s easement. 3. There are no slope grade changes proposed. 4. The proposed improvements do not pollute or interfere with natural changes or the river. Drainage for the addition to single family dwelling and trellis walkway will be designed as such to prevent entry into the river or its banks. 80 Page 2 of 2 5. There is no change proposed to the existing water course. 6. All proposed developments are less than the height of the existing structure. 7. No exterior lighting improvements are proposed. 8. The expansion and remodel will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. 9. The development is located such that no portion of the expansion or remodel is any closer to the high-water line than is the existing development. Our proposed scope of work is minor in nature and does not further impede the 100 year flood plan or propose improvements closer to the high water line than the existing property. The improvements presented above will improve the property through better life safety with an additional exterior stair, provide an improved entryway visible from street, and does not increase the total occupancy of the residence or site. For construction techniques, we plan to match the existing exterior design. This wood be wood siding to match existing, freshly painted exterior with new metal railing and metal spiral staircase. The roofing materials will be shingle to match the existing roof on the minor entry expansion area. The covered trellis walkway will be an open structure with metal and wood framing members. We appreciate your review of the items presented above and our attached site plan. Please reach out with any questions. Thank you, Stefanie Richter Stefanie.Richter@rowlandbroughton.com (970)544-9006 81 PD R-30 R-15 R-30 R o a r i n g F o r k R i v e r C e m e t e r y L n SageC t R e d B u t t e D r Re d Butte Ran c h Cemeter y Ln +Red Butte Dr P i t k i n M e sa D r HomestakeDr S i l v e r K i n g D r M o u n t ain View Dr Befor e Silver King Silver King Cemeter y Ln + Pitkin Mes a Dr S alv atio n Salvation T agert Roaring ForkRiver NellErickson R d Holden Marolt- C emetery Tager t Tagert R o a r i n g ForkRiver C astle Cr e e k RedButte Dr O v e r l o o k D r Bla c k B i r c h Dr Riv e r D r NellErickson R d W ill o u g h b y W a y 0 0.07 0.150.04 mi FEsri Community Maps Contributors, City of Aspen GIS, Pitkin County, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Maxar Legend Urban Growth Boundary (UGB) Emissions Inventory Boundary (EIB) City of Aspen Greenline 8040 Stream Margin Historic Sites Parcels PD R-15 Moderate Density Residential R-30 Low Density Residential P Park WP Wildlife Preservation Source: City of Aspen GIS ArcGIS Web Map 82 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:Q62016159-6 Date: 05/23/2023 Property Address:1280 RED BUTTE DR, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower 1280 RBD L.L.C., A COLORADO LIMITED LIABILITY COMPANY Attention: M. JUDE REYES, MEMBER Delivered via: Electronic Mail Agent for Seller COLDWELL BANKER MASON MORSE REAL ESTATE Attention: TOMMY NIMS 514 E HYMAN AVE ASPEN, CO 81611 (970) 948-3514 (Cell) (970) 925-7000 (Work) (970) 925-7027 (Work Fax) tommy@masonmorse.com Delivered via: Electronic Mail Seller/Owner ELIZABETH FRANCES KITCHEN REVOCABLE TRUST Attention: ELIZABETH (LISA) KITCHEN, TRUSTEE Delivered via: Electronic Mail Attorney for Buyer HOLLAND & HART LLP Attention: THOMAS TODD 600 E MAIN SUITE 104 ASPEN, CO 81611 (970) 925-3476 (Work) (970) 925-9367 (Work Fax) ttodd@hollandhart.com Delivered via: Electronic Mail Agent for Buyer COMPASS COLORADO LLC DBA COMPASS Attention: BLAKE APPLEBY 230 E HOPKINS AVE ASPEN, CO 81611 (970) 379-1143 (Cell) (970) 925-6063 (Work) (970) 925-6064 (Work Fax) blake.appleby@compass.com Delivered via: Electronic Mail Attorney for Buyer HOLLAND & HART LLP Attention: KEVIN GILES KPGiles@hollandhart.com Delivered via: Electronic Mail 83 Agent for Seller COLDWELL BANKER MASON MORSE REAL ESTATE Attention: BRIAN HAZEN 514 E HYMAN AVE ASPEN, CO 81611 (970) 379-1270 (Cell) (970) 920-7395 (Work) (970) 925-7027 (Work Fax) brian@brianhazen.com Delivered via: Electronic Mail Attorney for Seller OATES KNEZEVICH GARDENSWARTZ KELLY & MORROW PC Attention: LENNIE OATES 533 E HOPKINS THIRD FLOOR ASPEN, CO 81611 (970) 920-1700 (Work) (970) 920-1121 (Work Fax) lmo@okglaw.com 84 Land Title Guarantee Company Estimate of Title Fees Order Number:Q62016159-6 Date: 05/23/2023 Property Address:1280 RED BUTTE DR, ASPEN, CO 81611 Parties:1280 RBD L.L.C., A COLORADO LIMITED LIABILITY COMPANY ELIZABETH FRANCES KITCHEN AS TRUSTEE OF THE ELIZABETH FRANCES KITCHEN REVOCABLE TRUST DATED JULY 13, 2009 Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees "ALTA" Owner's Policy 07-30-21 $19,999.00 Deletion of Standard Exception(s)$75.00 Tax Certificate $27.00 Total $20,101.00 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 07/18/1994 under reception no. 372194 at book 755 page 775 Pitkin county recorded 01/18/1996 under reception no. 389243 Pitkin county recorded 08/21/1998 under reception no. 420974 Pitkin county recorded 10/27/2009 under reception no. 563948 Pitkin county recorded 07/26/2011 under reception no. 581440 Plat Map(s): Pitkin county recorded 07/28/1976 at book 5 page 20 Pitkin county recorded 10/11/2011 at book 98 page 35 85 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 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: 1280 RED BUTTE DR, ASPEN, CO 81611 1.Commitment Date: 05/05/2023 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 07-30-21 Proposed Insured: 1280 RBD L.L.C., A COLORADO LIMITED LIABILITY COMPANY $13,125,000.00 3.The estate or interest in the Land at the Commitment Date is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: ELIZABETH FRANCES KITCHEN AS TRUSTEE OF THE ELIZABETH FRANCES KITCHEN REVOCABLE TRUST DATED JULY 13, 2009 5.The Land is described as follows: PARCEL I: LOT 1, GAYLORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1976 IN PLAT BOOK 5 AT PAGE 20 AND THE FIRST AMENDED PLAT RECORDED OCTOBER 11, 2011 IN PLAT BOOK 98 AT PAGE 35. COUNTY OF PITKIN STATE OF COLORADO PARCEL II: AN UNDIVIDED 1/5TH INTEREST IN THE OPEN SPACE PARCEL AS SHOWN ON THE FINAL PLAT OF GAYLORD SUBDIVISION RECORDED JULY 28, 1976 IN PLAT BOOK 5 AT PAGE 20 AND THE FIRST AMENDED PLAT RECORDED OCTOBER 11, 2011 IN PLAT BOOK 98 AT PAGE 35. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62016159-6 86 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62016159-6 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. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.(THIS ITEM WAS INTENTIONALLY DELETED) 3.(THIS ITEM WAS INTENTIONALLY DELETED) NOTE: THE CERTIFICATION OF TRUST FOR THE ELIZABETH FRANCES KITCHEN REVOCABLE TRUST DATED JULY 13, 2009, DISCLOSES ELIZABETH FRANCES KITCHEN AS THE TRUSTEE THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 4.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ELIZABETH FRANCES KITCHEN REVOCABLE TRUST DATED JULY 13, 2009 RECORDED NOVEMBER 05, 2009 UNDER RECEPTION NO. 564283 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES ELIZABETH FRANCES KITCHEN AS THE TRUSTEE AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 5.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 1280 RBD L.L.C., A COLORADO LIMITED LIABILITY COMPANY AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30- 172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 6.TRUSTEES DEED FROM ELIZABETH FRANCES KITCHEN AS TRUSTEE OF THE ELIZABETH FRANCES KITCHEN REVOCABLE TRUST DATED JULY 13, 2009 TO 1280 RBD L.L.C., A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. 87 REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, AND A IMPROVEMENT SURVEY PLAT OF THE LAND, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT AND IMPROVEMENT SURVEY PLAT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM 5 OF THE PRE- PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2023 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62016159-6 All of the following Requirements must be met: 88 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. 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 THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 17, 1889 IN BOOK 55 AT PAGE 5. 9.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF GAYLORD SUBDIVISION RECORDED JULY 28, 1976 IN BOOK 5 AT PAGE 20 AND FIRST AMENDED PLAT RECORDED OCTOBER 11, 2011 IN PLAT BOOK 98 AT PAGE 35. 10.SUBDIVISION IMPROVEMENT AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED JULY 28, 1976 IN BOOK 314 AT PAGE 775. 11.RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JULY 05, 1977, IN BOOK 331 AT PAGE 377 AND RESOLUTION BY THE GAYLORD ARCHITECTURAL CONTROL COMMITTEE RECORDED NOVEMBER 29, 1999 AS RECEPTION NO. 438066 AND RECORDED APRIL 17, 2008 AS RECEPTION NO. 548415 AND RECORDED NOVEMBER 24, 2020 AS RECEPTION NO. 670859. 12.RIGHTS OF CO-TENANTS TO POSSESSION, CONTRIBUTION AND PARTITION. (AFFECTS PARCEL II ONLY) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62016159-6 89 13.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 14.ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF AMERICA, THE STATE OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PAST AND PRESENT BED, BANKS OR WATERS OF ROARING FORK RIVER. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62016159-6 90 ALTA 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 Amount of insurance 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 is not 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. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. (a) “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.(b) “Land”: The land described in item 5 of Schedule A and affixed improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, aavenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. (f) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(g) “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the TItle to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. (h) “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. (i) “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.(j) 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 is not 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 is only liable 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 does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5(a) or the Proposed Amount of Insurance. (d) The Company is not liable for the content of the Transaction Identification Data, if any.(e) The Company is not 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) 91 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT. CHOICE OF LAW AND CHOICE OF FORUM 7. IF THIS COMMITMENT IS 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. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of insurance is $2,000,000 or less may be arbitrated at the election 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, Old Republic National Title Insurance Company 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 2021 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 2021 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. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.(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 under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction (b) 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) 92 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. 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. 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) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the(A) 93 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 24-21-514.5, 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. 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 That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 94 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. 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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. 95 FLOOR AREA CALCULATIONS ALLOWABLE FLOOR AREA: 40,942 SF LOT AREA (ABOVE HIGH WATER LINE) -3,928 SF > 20% SLOPE 37,014 SF NET LOT AREA 4,500 SF OF FLOOR AREA, PLUS 6 SF OF FLOOR AREA FOR EACH ADDITIONAL 100 SF IN NET LOT AREA, UP TO A MAXIMUM OF 6,600 SF 22,014 SF (AREA ABOVE 15,000 SF) / 100 SF = 220.14 220.14 x 6 SF = 1,321 SF 4,500 SF + 1,321 SF = 5,821 SF 5,821 SF ALLOWABLE FLOOR AREA EXEMPT DECK AREA: (15% OF ALLOWED FLOOR AREA DECK IS EXEMPT FROM FLOOR AREA CALCULATIONS) 5,821 SF ALLOWABLE FLOOR AREA x0.15 SF 873 SF OF DECK AREA EXEMPT FROM TOTAL ALLOWABLE FLOOR AREA EXEMPT GARAGE AREA: 250 SF OF GARAGE AREA IS EXEMPT NEXT 251 -500 SF OF GARAGE, 50% WILL BE EXCLUDED FROM FLOOR AREA ABOVE 500 SF IS NOT EXCLUDED EXISTING FLOOR AREA EXISTING FLOOR AREA: 740 SF GARDEN LEVEL FAR + 694 SF ENTRY LEVEL FAR + 58 SF LOFT FAR 1,492 SF TOTAL INTERIOR FLOOR AREA 438 SF GARDEN LEVEL PATIO (OVERHANG >4') + 427 SF ENTRY LEVEL DECK -873 SF EXEMPT DECK AREA 0 SF TOTAL DECK FLOOR AREA (8 SF EXEMPT REMAINING) 853 SF OF GARAGE -250 SF EXEMPT FROM GARAGE -125 SF 50% AREA FROM 251-500 SF 478 SF TOTAL GARAGE FLOOR AREA 1,492 SF TOTAL INTERIOR FLOOR AREA 478 SF GARAGE AREA 0 SF DECK AREA 1,970 SF TOTAL FLOOR AREA ALLOWABLE AREA CODE SUMMARY: CITY OF ASPEN LAND USE CODE, SECTION 26.575.020 CALCULATIONS AND MEASUREMENTS. MEASURING FLOOR AREA. IN MEASURING FLOOR AREAS FOR FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA. THE FOLLOWING APPLIES: PER SEC.575.020, SECTION 5 OF LAND USE CODE: THE CALCULATION OF THE FLOOR AREA OF A BUILDING OR PORTION THEREOF SHALL NOT INCLUDE DECKS, BALCONIES, TRELLIS, EXTERIOR STAIRWAY, NON-STREET FACING PORCHES, GAZEBOS AND SIMILAR FIXTURES, UNLESS THE AREAS OF THESE FEATURES IS GREATER THAN FIFTEEN PERCENT OF THE ALLOWABLE FLOOR AREA FOR THE PROPERTY IN USE AND DENSITY PROPOSED, OTHERWISE EXEMPTED PER THIS SECTION. UNENCLOSED AREA BENEATH DECKS, BALCONIES, AND EXTERIOR STAIRWAYS SHALL BE EXEMPT FROM FLOOR AREA CALCULATIONS UNLESS THAT AREA IS USED AS A CARPORT. PATIOS DEVELOPED AT OR WITHIN SIX INCHES OF FINISHED GRADE SHALL NOT BE COUNTED TOWARDS FLOOR AREA. THESE FEATURES MAY BE COVERED BY ROOF OVERHANGS OR SIMILAR ARCHITECTURAL PROJECTIONS OF UP TO 4 FEET, AS MEASURED FROM FACE OF THE BUILDING AND REMAIN EXEMPT FROM FLOOR AREA CALCULATIONS. WHEN ROOF OVERHANG OR SIMILAR ARCHITECTURAL FEATURES EXCEED FOUR FEET, THE ENTIRE FEATURE COUNTS TOWARDS FLOOR AREA. GENERAL:FLOOR AREA SHALL BE ATTRIBUTED TO THE LOT OR PARCEL UPON WHICH IT IS DEVELOPED. IN MEASURING A BUILDING FOR THE PURPOSES OF CALCULATING FLOOR AREA RATIO AND ALLOWABLE FLOOR AREA, THERE SHALL BE INCLUDED ALL AREAS WITHIN THE SURROUNDING EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF. THEN MEASURING FROM THE EXTERIOR WALLS, THE MEASUREMENT SHALL BE TAKEN FROM THE EXTERIOR FACE OF FRAMING, EXTERIOR FACE OF STRUCTURAL BLOCK, EXTERIOR FACE OF STRAW BALE, OR SIMILAR EXTERIOR SURFACE OF THE NOMINAL STRUCTURE EXCLUDING SHEATHING, VAPOR BARRIER, WEATHERPROOFING MEMBRANE, EXTERIOR-MOUNTED INSULATED SYSTEMS, AND EXCLUDING ALL EXTERIOR VENEER AND SURFACE TREATMENTS SUCH AS STONE, STUCCO, BRICKS, SHINGLES, CLAPBOARD OR OTHER SIMILAR EXTERIOR VENEER TREATMENT. PROPOSED FLOOR AREA PROPOSED FLOOR AREA: 740 SF GARDEN LEVEL FAR + 800 SF ENTRY LEVEL FAR + 58 SF LOFT FAR 1,598 SF TOTAL INTERIOR FLOOR AREA 438 SF GARDEN LEVEL PATIO (OVERHANG >4') + 27 SF SPIRAL STAIR + 438 SF ENTRY LEVEL DECK + 415 SF GAZEBO COVERED WALKWAY (UNATTACHED) -873 SF EXEMPT DECK AREA 445 SF TOTAL DECK FLOOR AREA 853 SF OF GARAGE -250 SF EXEMPT FROM GARAGE -125 SF 50% AREA FROM 251-500 SF 478 SF TOTAL GARAGE FLOOR AREA 1,598 SF TOTAL INTERIOR FLOOR AREA 478 SF GARAGE AREA 445 SF DECK AREA 2,521 SF TOTAL FLOOR AREA FLOOR AREA 694 SF DECK AREA (A) 427 SF FRONT PORCH (EXEMPT) FLOOR AREA 58 SF ATTIC (EXEMPT) 24 SF COVERED PATIO 438 SF FLOOR AREA 740 SF LEGEND FLOOR AREA COVERED PATIO OVERHANGS > 8'-0" DECK AREA > 30" ABOVE GRADE ATTIC < 30" IN HEIGHT FLOOR AREA 888 SF COVERED PATIO 438 SF FLOOR AREA 740 SF COVERED PATIO 27 SF FLOOR AREA 58 SF ATTIC (EXEMPT) 24 SF FLOOR AREA 800 SF DECK AREA (A) 438 SF FRONT PORCH (EXEMPT) FLOOR AREA 888 SF UNATTACHED COVERED WALKWAY EXISTING HOME PROPOSED ENTRY VESTIBULE UNATTACHED COVERED WALKWAY (GAZEBO) 415 SF STRUCTURE ABOVE MEETS DEFINITION OF GAZEBO PER COA 26.575.020(d)(5)(a) SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 3 EXISTING ENTRY LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 1 EXISTING LOFT LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 5 EXISTING GARDEN LEVEL rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 2 : 4 0 : 0 0 P M A0.4a 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 FLOOR AREA CALCULATIONS SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 7 EXISTING GARAGE SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 6 PROPOSED GARDEN LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 2 PROPOSED LOFT LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 4 PROPOSED ENTRY LEVEL SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 8 PROPOSED GARAGE SCALE: PLAN NORTH TRUE NORTH A0.4a 1/8" = 1'-0" 9 GAZEBO PROPOSED FAR FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - FLOOR AREA PLAN -FLOOR AREA PLAN - 09.13.2024 LAND USE SUBMITTAL 96 7752 7 7 5 6 7 7 5 4 7 7 4 5 7 75 0 7731 7 7 3 2 7738 7739 7742 7741 7754 7 7 5 6 7 7 5 5 7 7 5 4 77 53 7753 7 7 5 2 7 7 5 3 7 7 5 37754 7 7 4 5 7739 7 7 3 4 7 7 3 3 7735 7 735 7740 7750 7 7 5 7 7755 7 7 5 4 7756 WVS E T C S E EXISTING GARAGE PROPOSED MECHANICAL CONCRETE PAD AT GRADE EXISTING RESIDENCE UPPER LIMIT STANDARD PROJECT FLOOD 100 YEAR FLOOD PLAIN LINE MEAN HIGH WATER LINE PROPERTY LINE PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE SETBACK LINE SETBACK LINE HOA SETBACK LINE S E T B A C K L I N E H O A S E T B A C K L I N E HOA SETBACK LINE PROPOSED TRASH CONCRETE PAD EXISTING GRAVEL DRIVEWAY AND PARKING TO REMAIN 2 5 '- 0 " EXISTING PATIO AT GRADE PROPOSED FIRE PIT AT GRADE UPDATED EXISTING STONE STEPS AND WALKWAY PROPOSED WALKWAY AND GAZEBO AT GRADE, IN COMPLIANCE WITH CODE SEC.26.575.020.5F. 25'-0" DEMO EXISTING WALKWAY PROPOSED GUARDRAIL ON EXISTING DECK PROPOSED EXTENDED ROOF PROPOSED WALKWAY AND GAZEBO AT GRADE, IN COMPLIANCE WITH CODE SEC.26.575.020.5F. 36" PROPOSED TOP OF SLOPE 15' TOP OF SLOPE SETBACK 15'-0" PROPOSED STAIR, IN ACCORDANCE WITH HOA B-3 18'-5 1/2" 1 7'- 3 " 2'- 0 1 / 4 " 5'- 9 " 9'- 9 1 / 4 " 1280 RED BUTTE DR. ASPEN, CO 81611 +/-2,494 SF 1280 RED BUTTE DR. ASPEN, CO 81611 +/-2,494 SF RED BUTTE DR 1 9'-0 " 4'-6 " 2 9'-4 1/4 " 7'-1 " 8'-6 " 5'-6 " 999 SF 4 2'- 1 1 3/4 " EXISTING DECK AND COURT REMOVED (60' R.OW.) 60'-0" 1 0 '- 0 " 10'-0" 25'-0" EXISTING NON-CONFORMING HOA SETBACK ENCROACHMENT rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 1 : 0 5 : 1 7 A M 1/16" = 1'-0" A1.0 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 PROPOSED SITE PLAN SCALE: PLAN NORTH TRUE NORTH A1.0 1/16" = 1'-0" 1 PROPOSED SITE PLAN Copy 1 06.11.2024 HOA SUBMITTAL 09.13.2024 LAND USE SUBMITTAL 97 ROOF LEVEL 115'-3 5/8" 14 LOFT LEVEL FIN 109'-10" T.O. FINISH GARDEN LEVEL 90'-9" T.O. FINISH ENTRY LEVEL FIN 100'-0 3/4" T.O. FINISH 23 24 ' - 6 5 / 8 " 9' - 3 3 / 4 " 9' - 9 1 / 4 " 5' - 5 5 / 8 " 19'-5 1/2" 5'-10 3/4"8'-7 1/4"4'-11 1/2" PROPOSED GUARDRAIL EXISTING LOG POST TO REMAIN EXISTING LOG BEAM TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING GUTTER TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING STEP TO REMAIN 12 EXST 3' - 6 " 1 12 EXST EXST EXST 5'-10 1/2" +/- 6" 1'-5 3/8" 13 ' - 6 1 / 2 " ROOF LEVEL 115'-3 5/8" A LOFT LEVEL FIN 109'-10" T.O. FINISH GARDEN LEVEL 90'-9" T.O. FINISH ENTRY LEVEL FIN 100'-0 3/4" T.O. FINISH BEFCD 9' - 3 3 / 4 " 9' - 9 1 / 4 " 5' - 5 5 / 8 " 24 ' - 6 5 / 8 " EXISTING GUTTER TO REMAIN EXISTING LOG COLUMN EXISTING RETAINING WALL TO REMAIN EXISTING RETAINING WALL TO REMAIN EXISTING LOG COLUMN TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN EXISTING STEP TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN EXISTING LOG POST TO REMAIN 39'-7" 3'-7"7'-6 1/2"13'-8 5/8"10'-5 1/8"4'-3 3/4" EXST PROPOSED GUARDRAIL EXST EXST EXST VENT 5'-10 1/2" +/- 6" 13 ' - 6 1 / 2 " 3'-2 3/4"PROPOSED SPIRAL STAIR PROPOSED DECK EXTENSION FOR STAIR LANDING rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 9/ 1 3 / 2 0 2 4 1 1 : 0 5 : 1 8 A M 1/4" = 1'-0" A4.0 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 EXTERIOR ELEVATIONS SCALE:A4.0 1/4" = 1'-0" 1 EAST ELEVATION - RESIDENCE SCALE:A4.0 1/4" = 1'-0" 2 NORTH ELEVATION - RESIDENCE 06.11.2024 HOA SUBMITTAL 09.13.2024 LAND USE SUBMITTAL 98 99 ENTRY LEVEL 100'-0" T.O. ROOF LEVEL 115'-3 5/8" LOFT LEVEL FIN 109'-10" T.O. FINISH GARDEN LEVEL 90'-9" T.O. FINISH PR O P E R T Y L I N E PR O P E R T Y L I N E SE T B A C K L I N E (2 5 ' -0" ) SE T B A C K L I N E (2 5 ' -0" ) 15 ' T O P O F S L O P E SE T B A C K L I N E PR O P O S E D T O P OF S L O P E EX I S T I N G T O P OF S L O P E 10 0 Y E A R F L O O D PL A I N L I N E ME A N H I G H WA T E R L I N E45 DEGREE FROM GRADE AT TOP OF SLOPErowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2024 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO: Fi l e P a t h : Pl o t D a t e : Au t o d e s k D o c s : / / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E / 2 2 3 0 6 _ 1 2 8 0 R E D B U T T E _ C E N T R A L _ R 2 3 . r v t 11 / 4 / 2 0 2 4 1 : 2 0 : 0 8 P M 1/16" = 1'-0" A1.3 22306.00 1280 RED BUTTE 1280 RED BUTTE DR ASPEN, CO 81611 SITE SECTION 06.11.2024 HOA SUBMITTAL 09.13.2024 LAND USE SUBMITTAL SCALE:A1.3 1/16" = 1'-0" 1 TOP OF SLOPE DIAGRAM 100 101 102 1 MEMORANDUM March 5, 2024 Rachel Kattnig, Geospatial Ecologist (719) 250-6105 (rachel@redmtnenv.com) Wetlands and Waters of the U.S. Investigation Summary – 1280 Red Butte Drive, Aspen, Colorado Red Mountain Environmental, LLC. (RME) has completed an investigation of aquatic resources for a proposed project at 1280 Red Butte Drive, a 1.2-acre parcel of land (Parcel No. 273501316001) in Pitkin County, within the City of Aspen, Colorado. The purpose of the investigation was to delineate wetlands and Water of the U.S. (WoUS) on the property and evaluate potential permit compliance requirements under Section 404 of the Clean Water Act (CWA) and with Pitkin County. WETLAND INVESTIGATION Wetlands and WoUS on the parcel were investigated on February 21, 2024, during winter season conditions for the region by Rachel Kattnig, Geospatial Ecologist. The wetlands investigation was conducted using the Routine Determination Method set forth in the USACE Wetland Delineation Manual (USACE 1987); the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010); and the guidance document “Information Needed for Jurisdictional Determinations - US Army Corps of Engineers”. Prior to field work, RME obtained and reviewed maps, aerial photos, and soil map unit descriptions of the project area. RME reviewed the National Wetlands Inventory (NWI) which indicated the presence of one riverine type within the Investigation Area: R3UBH, the Roaring Fork River (Riverine, Upper Perennial, Unconsolidated Bottom, Permanently Flooded). In evaluating potential wetlands, RME assessed vegetation and hydrologic characteristics to identify areas meeting wetland identification criteria. Due to the winter season conditions, large portions of the property were under 1-2 feet of snow, and soil characteristics were not able to be assessed with soil test pits. Vegetation in parts of the property was also not fully assessed due to the snow cover. RESULTS Based on the field investigation, the project area appears to support a potential PEM1C wetland (Palustrine, Emergent, Persistent, Seasonally Flooded), and the boundary of a perennial stream (Roaring Fork River, R3UBH), was assessed as best as possible. A site map (Figure 1) depicts the investigation area and the location of all potential aquatic resources noted and GPS collected during the survey. A photolog documenting general site conditions is also included. Vegetation The primary vegetation type around the project area is characterized as montane, receiving water from the Roaring Fork River, snowmelt, and rainfall events. Vegetation that was visible at the time of the site visit is dominated by Kentucky bluegrass (Poa pratensis – FAC), smooth brome (Bromus inermis - UPL), common yarrow (Achillea millefolium - FACU), cow parsnip (Heracleum maximum - FAC), dogwood (Cornus sericea – 103 2 FACW), blue spruce (Picea pungens - FAC), narrowleaf cottonwood (Populus angustifolia - FACW), and quaking aspen (Populus tremuloides - FACU). Hydric vegetation occurs along the banks of the creek and is dominated by redtop (Agrostis gigantea – FAC), field horsetail (Equisetum arvense – FAC), and beaked sedge (Carex utriculate – OBL). Soils The NRCS SSURGO soil survey maps the project as occurring within soil type 107 – Uracca, moist-mergel complex, 1 to 6 percent slopes. This soil consists of cobbly alluvium derived from igneous and metamorphic rock; it is well drained and does not have a soil hydric rating. Due to snow cover on the site, soil pits within potential wetlands areas were not conducted and a field assessment of hydric soil characteristics cannot be provided at this time. Hydrology At the time of the site visit, the Roaring Fork River was in low flow conditions (approximately 1-3 feet deep and approximately 50 feet wide), and the property was inconsistently covered with 1-2 feet of snow. The bank of the Roaring Fork River along the property was mostly free of snow, and the ordinary high-water mark (OHWM) was fully delineated, and GPS collected. CONCLUSION The wetland investigation found a potential emergent wetland area associated with the Roaring Fork River, and the OHWM along the property was delineated (Figure 1). If you have any questions or comments, please do not hesitate to contact me at 719-250-6105, or at rachel@redmtnenv.com. Thank you, Rachel Kattnig Geospatial Ecologist 104 0110S 85W SCALE: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. The maps are distributed "AS-IS" without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability to a particular purpose or use. Disclaimer: SITE MAP 1280 Red Butte Drive - Wetland Assessment LEGEND Aquatic Resources Date:3/5/2024 Location:Aspen, CO Drawn By:RK Created By:RME Basalt Gypsum Gunnison Aspen Marble Glenwood Springs Crested Butte Snowmass Village Carbondale ¯ Potential Wetland Area Township/Range/Section Project Location 0 50 10025 Feet 1:700 Parcel Boundary WoUS - Roaring Fork River 105 PHOTO LOG Project Name:Site Location:Date: Photo Point 1 (P1) Photo Point 2 (P2) Feb 21, 20241280 Red Butte Dr., Aspen COWetlands/WoUS Check View of vegetation along bank of the Roaring Fork River View of the property lawn/ landscaping & Roaring Fork River. 106 PHOTO LOG Project Name:Site Location:Date: Photo Point 3 (P3) Photo Point 4 (P4) Feb 21, 20241280 Red Butte Dr., Aspen COWetlands/WoUS Check General vegetation type Main lawn area is bluegrass. Under 1-2 ft of snow 107 PHOTO LOG Project Name:Site Location:Date: Photo Point 5 (P5) Photo Point 6 (P6) Feb 21, 20241280 Red Butte Dr., Aspen COWetlands/WoUS Check Potential small wetland area along the Roaring Fork River in the property boundary. Site Photo 108 002B 002B UP MEAN HIGH WATER LINE E S C T E S WVS S S S E E E E E E E E E E E E E W W W W W W W G G G G G G G C C C C C C C C C C C C C P P P P P P P P P P P P P 7756 7 7 5 4 7755 7 7 5 7 7750 7740 7735 7735 7 7 3 3 7 7 3 4 7739 7 7 4 5 7 7 5 4 7 7 5 3 7 7 5 37752 7753 7 7 5 3 7 7 5 4 7 7 5 5 7 7 5 6 7754 7741 7742 7739 7738 7 7 3 2 7731 77 5 0 7 7 4 5 7754 7756 7752 N 2 6 ° 4 8 ' 3 9 " W 1 9 0 3 . 7 3 ' S 4 3°0 5'4 0" W 1 2 9 2.0 4' S S 19'-0" R o a r i n g F o r k R i v e r mean high water line 100 year flood plain line upper limit standard project flood line Garage House Property Line Pro p erty Line existing lawn ex. lawn ex. patio ex. bed ex. bed ex. bed ex. bed ex. bed existing driveway NEW spiral staircase - access between levels - existing patio to remain 10'-0" construction access to lower level Bearproof Trash and Utility Area - concrete pad to secure Bearicuda trash enclosure - fence area with 6' tall wooden fence to match ex. vernacular ex. patio sauna Existing Stone Steps & Stepping Stone Pat h - to remain Extend Existing Walkway - add +/- 8' of stepping stones (matc h existing) NEW Trellis S tructure Overhead (dashed) - or thogonal structure with posts - existing organic walkway to remain ex. bed ex. bed ditch . flagpole Concrete Apron Extension h o a s e t b a c k sid e y a r d s etb a c k 2 5'-0 " 1 0'-0 " 10'-0" 20'-0" 25'-0" hoa setback side yard setback utility easement front yard and hoa setback 25'-0" hoa setback 25'-0" fishing easement upper lvl FFE 7754.62 lower lvl FFE 7745.31 + bs 44.3 + bs 42.1 + ts 44.1 + bw 40.2 + planter 42.1 Red Butte Residence 1280 Red Butte Drive Aspen, Colorado L - 1.00 Overall Site Plan Schematic Design scale: 1" = 16'-0" Land Design 39 L an d s cap e A r ch ite ctu r e + D e si gn w w w .L a n d D e s i g n 3 9 .c o m a m y @ l a n d d e s i g n 3 9 .c o m 9 7 0 -2 7 4 -2 4 3 0 north revisions date:21 February 2024 24 May 2024 6 June 2024 14 June 2024 2 July 2024 8 July 2024 06 September 2024 12 September 2024 109 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Haley Hart, Long-Range Planner THROUGH: Ben Anderson, Community Development Director MEMO DATE: November 11, 2024 MEETING DATE: November 19, 2024 RE: Planning and Zoning Commission Recommendation to City Council Provision of required affordable housing via a fee-in-lieu payment REQUEST OF THE PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission (P&Z) is asked to review, consider, and provide a recommendation to City Council related to Affordable Housing Mitigation requirements and the ability for two properties currently in the building permit review process to pay Fee-in-Lieu (FIL) to meet mitigation requirements. This recommendation and the eventual review by Council is a response to a current shortage of available Affordable Housing Certificates in the market. Staff recommends the Planning and Zoning Commission approve the Resolution, providing Planning and Zoning Commission support for the identified projects to pay FIL. SUMMARY AND BACKGROUND: The City’s Growth Management Quota System regulations require affordable housing mitigation of free-market residential development. Development that generates less than 0.1 Full Time Equivalent (FTE) may mitigate via fee-in-lieu by right. Projects that generate more than 0.1 FTEs may mitigate via Affordable Housing Certificates by right. A full time equivalent (FTE) is defined in Section 26.470.020, Terminology – Growth Management Quota System, as “a unit of measurement standardizing the workloads of employ ees. In this Chapter, FTEs refer to the number of employees generated or housed by development”. This code was written to support the creation of affordable housing by private developers. The Land Use Code offers a process for paying fee-in-lieu to mitigate over 0.1 FTEs. It requires a request and approval by Council, following a recommendation from P&Z. Following is the code language that describes this process: 26.470.110.C. Provision of required affordable housing via a fee-in-lieu payment. The provision of affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu payment, upon a recommendation from the Planning and Zoning 110 Staff Memo, P&Z Recommendation Q3 Fee-in-Lieu Requests Page 2 of 3 Commission shall be approved, approved with conditions or denied by the City Council based on the following criteria: 1) The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or site or would be inconsistent with the character of the neighborhood in which the project is being developed. 2) The applicant has made a reasonable, good-faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units, the deed restriction of existing dwelling units to affordable housing status, or through the purchase of affordable housing certificates. 3) The applicant has made a reasonable, good-faith effort in pursuit of providing the required affordable housing through the purchase and extinguishment of Certificates of Affordable Housing Credit. 4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will result in the near-term production of affordable housing units. The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a fee-in-lieu payment, including all or none. The Affordable Housing Certificates Program has been successful in incentivizing the private sector to produce affordable housing units for over a decade. Since the inception of the program, housing for more than 100 Full Time Equivalents has been produced - without any public dollars being expended. The program is dependent on two things: 1) the willingness of the private sector to complete affordable housing projects, and 2) the demand for A ffordable Housing credits by free-market commercial and residential development to meet their mitigation requirements. The City established Affordable Housing Certificates as the preferred means of providing affordable housing mitigation for single-family and duplex development in order to support the program. There are alternate means of mitigation, such as voluntarily deed restricting the subject unit to Resident Occupied or buying a free- market residential unit in town and deed restricting it. These options have been unpopular and may be cost prohibitive. Mitigation may be paid with cash by right for projects that generate 0.1 FTEs or less. STAFF DISCUSSION: Staff confirmed that there is an ongoing shortage of Affordable Housing Certificates. In response to the Certificate shortage, staff established a policy and a process to facilitate requests to pay FIL in a “batched” review. This policy was established in 2022, reaffirmed as an administrative policy in 2024, and was written with the expectation that the requests would occur on a quarterly basis. This year, a total of eight requests have been approved. Two requests were approved for Q1 on April 23rd, 2024, and six requests were approved 111 Staff Memo, P&Z Recommendation Q3 Fee-in-Lieu Requests Page 3 of 3 for Q2 on May 7th by City Council. While the process was initially established for properties that generated mitigation below 1.5 FTEs, it has now been expanded due to the ongoing shortage of credits. The batched policy now applies to projects that need to mitigate up to 2.0 FTEs (see Exhibit A, Title 26 Policy 01-2024). At this meeting, P&Z is asked to consider requests from two property owners to pay FIL for their affordable housing mitigation. The projects have exhausted the avenues to obtain Affordable Housing Certificates, and the projects are in the final stage of building permit review prior to issuance. With the confirmed shortage of Affordable Housing Credits, staff supports the batched requests. Denying the requests would likely lead to suboptimal outcomes for Community Development customers that have projects with mitigation requirements. It is not reasonable to expect the property owners to pursue the other mitigation options offered by the code for the relatively small employee generation related to their homes. Below are the projects requesting to pay FIL in Q3 of 2024. The FTE and fee-in-lieu calculations are estimates that will be confirmed and finalized as the last step of the building permit process. A project cannot pay fee-in-lieu for more than 2.0 FTEs through this batched review. The Category 2 FIL amount is currently $424,288 per FTE. This rate was adopted via Ordinance #01, Series of 2024 on February 27th, 2024. Yet, the Category 2 FIL rate is $408,362 per FTE for the projects below as both permits predate the 2024 mitigation rate update and are vested in the 2023 rate. • 202 East Main Street – 0.24 Category 2 FTE / $98,006.88 (0035-2023-BRES) • 1445 Crystal Lake Drive – 0.89 Category 2 FTE / $363,442.18 (0129-2023-BRES) CONCLUSION AND NEXT STEPS: On December 3, 2024, Council will consider the Planning and Zoning Commission’s recommendation and decide whether to authorize FIL for the identified projects. If Council approves the requests, the projects will pay the finalized FIL amount as part of the permit issuance process. RECOMMENDATIONS: Staff recommends the Planning and Zoning Commission approve Resolution #XX, Series of 2024, providing support for payment of FIL for the subject properties. EXHIBITS: Resolution #XX, Series of 2024 Exhibit A – Title 26 Policy 01-2024 Exhibit B – FIL Request Letters 112 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 1 of 2 RESOLUTION #XX SERIES OF 2024 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF CERTAIN DEVELOPMENT PROJECTS TO PAY FEE-IN-LIEU FOR REQUIRED AFFORDABLE HOUSING MITIGATION REQUIREMENTS, PER MUNICIPAL CODE SECTION 26.470.110.C. WHEREAS, the Affordable Housing Certificates Program has been established as the preferred mechanism within the Land Use Code to provide required affordable housing mitigation; and, WHEREAS, the Land Use Code provides a process for an applicant to make a request to Aspen City Council to provide affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu payment in Section 26.470.110.C; and, WHEREAS, Community Development Staff has analyzed the current market conditions for Affordable Housing Certificates and has determined that there is a shortage, making it practically impossible to acquire Affordable Housing Certificates; and, WHEREAS, Community Development has presented and discussed this issue with the Planning and Zoning Commission; and, WHEREAS, at a regular meeting on November 19, 2024, the Planning and Zoning Commission considered the requests of two property owners to pay fee-in-lieu to meet affordable housing mitigation requirements, and reviewed staff’s memo, and by a XX – XX (X-X) vote approves Resolution #XX, Series of 2024, recommending Council consideration and approval of the requests to pay fee-in-lieu for Q3. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Approvals: Planning and Zoning Commission recommends the following projects be allowed to pay fee-in-lieu to meet affordable housing mitigation requirements: • 202 East Main Street – 0.24 Category 2 FTE / $98,006.88 (0035-2023-BRES) • 1445 Crystal Lake Drive – 0.89 Category 2 FTE / $363,442.18 (0129-2023-BRES) The FTE mitigation calculation and valuations of the fee-in-lieu as presented are estimates only and will be finalized prior to building permit issuance. This resolution does not approve fee-in-lieu mitigation above 2.0 FTE for a single permit. Section 2 Existing Litigation: 113 Planning and Zoning Commission Resolution #XX, Series of 2024 Page 2 of 2 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 3 Severability: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed, and approved this 19th day of November 2024. Approved as to form: Approved as to content: ______________________________ __________________________________ Katherine Johnson, Assistant City Attorney Teraissa McGovern, Chair Attest: _______________________________ Tracy Terry, Deputy Clerk 114 11 5 11 6 11 7 11 8 119 120 121 122 Affordable Housing Credit Narrative Subject Property: 202 E. Main St. BOSS.architecture Attention: City Council City of Aspen Community Development Department 427 Rio Grande Place Aspen, CO 81611 August 27, 2024 Dear Director and City Council, Please accept this application as request for approval to mitigate the Affordable Housing entirely by fees-in-lieu for development of 202 E. Main Street. (Parcel ID: 273707399001). 202 E. Main Street is currently a retail business in the Mixed Use Zoning District, part of the Main Street Historic District. The existing historic miner’s cabin is being renovated and converted back into a Single Family Residence. A non-historic addition is being demolished and a new two-story rear addition (with garage) is being constructed. The design for this project has been approved by the Historic Preservation Commission for major development and is under permit review. (0035-2023-BRES) We are requesting approval for the Affordable Housing fee to be paid entirely in cash. Per the Land Use Code Section 26.470.110.c, the limits of the site do not allow for the inclusion of additional housing units. The site is 30’ wide by 100’ long, and the design focus for the project has been to comply with the City of Aspen and HPC Historic Guidelines in restoration of the historic miner’s cabin. Multi-family housing would not be appropriate for the scale of the lot or the character and nature of the historic building. The applicant has made a good-faith effort in pursuit of securing affordable housing certificates but has not been able to secure any due to the shortage of available housing credits. The Affordable Housing Mitigation generated by the permit for 202 E Main Street is 0.24 FTE's requiring mitigation at a Category 2 rate. The applicant is requesting to pay the entire 0.24 FTE as cash-in-lieu, (0.24 FTE x $408,362 = $98,006.88). Thank you for your consideration in this matter. Best regards, Anastasia White, Project Architect ana@bossarch.com 3300 E.17th Avenue Denver, CO 80206 (303) 377-6322 www.BOSSarchitecture.com 123 CALLAHAN CRYSTAL LAKE LLC, DAVID ESKENAZI DNESKENAZI@SANDORDEV.COM 317.258.0759 10689 N PENNSYLVANIA ST #100 INDIANAPOLIS, IN 46280 CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR Dear Ben, Sammi Montalto of Zoning, calculated that the affordable housing mitigation generated by our new house project is 0.89 FTEs at Category 2. This was based off our proposal to build 8,307 square feet, which includes all subgrade space and the entire garage. While she noted that there are some options for payment, we would like to pay the entire amount as a cash-in-lieu. We have not been able to acquire any housing credits. See attached applications materials. Sincerely, CALLAHAN CRYSTAL LAKE LLC, DAVID ESKENAZI 124