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HomeMy WebLinkAboutagenda.apz.20241203AGENDA ASPEN PLANNING & ZONING COMMISSION December 3, 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 - 10/01/24 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #11, Series of 2024 - 950 Cemetery Lane _ RDS Variation Continued from 11/19 VI.OTHER BUSINESS VII.BOARD REPORTS VIII.ADJOURN minutes.apz.20241001 draft.pdf 950 Cemetery Lane_Memo_LPA-24-102.pdf 950 Cemetery Lane_Resolution #11, Series of 2024.pdf 950 Cemetery Lane_Exhibit A_Review Criteria.pdf 950 Cemetery Lane_Exhibit B_Application.pdf TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of 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 1 1 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 OCTOBER 1, 2024 Commissioners in attendance: Charlie Tarver, Maryann Pitt, Eric Knight, Ken Canfield, Tom Gorman, and Teraissa McGovern. Staff present: Sammi Montalto, Planner I Ben Anderson, Com Dev Director Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: Mr. Tarver asked if the city has to pay for affordable housing mitigation when building a project. Ben Anderson replied that if the determination is that it is an essential public facility, City Council has the ability to waive, reduce, or defer that mitigation. Staff Comments: Mr. Anderson gave an update on the vacant planning director position. They received twenty applications, that was narrowed down to nine and they will narrow that down to three or four that will be brought in for in person interviews in November. Public Comments: None. Minutes: Mr. Canfield motioned to approve the minutes for August 6th, 2024, and the motion was seconded by Mr. Gorman. Ms. McGovern asked for a roll call vote. Roll call vote: Mr. Tarver, yes; Ms. Pitt, abstained; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; 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: Minor PD Amendment 10 Club Circle Mr. Tarver asked if commissioners are allowed to go to the Maroon Creek Club and look at it. Ms. Johnson replied that they’re welcome to walk by it in the public right of way. They are not allowed to enter private property without the consent of the owner. Applicant Presentation: Chris Bendon, Bendon Adams Mr. Bendon is representing the Maroon Creek Club, and he introduced those in attendance with him; David Chadbourne; General Manager, Maroon Creek Club; Kim Wild; partner at Haas & Associates, Don Carpenter and Richard Kihlney with Project Resources. He gave some historical and review background on the Maroon Creek Club. Mr. Wild said the additions are relatively small in comparison to the size of the building and none of them will change the character of the building and they will use the existing colors and masting. The changes are in the following areas: Covering the outdoor dining area with a louvered system that can be opened and closed, observation bridges over the tennis courts, a guest services kitchen to provide food to the pool area, covered outdoor event space, gym expansion and covered outdoor fitness area. 3 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 1, 2024 Board Questions: Mr. Gorman asked if the offset in the outdoor trellis is the deduction they are seeing on the spreadsheet. Mr. Bendon replied that there was a provision in the old County code that allowed a 10-foot awning or extension, and floor area started counting after that. Mr. Gorman asked if that is the same in the current city code. Mr. Bendon replied no. Mr. Tarver asked how much current uncovered space will be covered. Mr. Bendon replied that the event space is 1080 square feet, the dining areas are approximately 2500 square feet, and the outdoor fitness area is approximately 1500 square feet. Mr. Tarver asked if it created any new parking. Mr. Bendon replied no. Mr. Chadbourne replied that the membership is capped so there will not be any more cars. The event space will not be public events, it is events that are already happening exclusively for members, it will just be covered. Ms. McGovern asked if the minor amendment would impact parking or if parking was already considered. Mr. Bendon replied that it will not impact parking. Ms. Pitt asked if the tennis courts have seating or if it is standing room only. Mr. Wild replied that there is only standing room for viewing and the addition is above the courts. Ms. Pitt asked if they will try to use the outdoor fitness space all year long. David replied that they are not very busy during winter so that space will not be needed. Ms. Pitt asked if all the spaces will be ADA. Mr. Wild replied that all ADA issues will be addressed during this process. Mr. Gorman asked if they anticipate that this will happen quickly or will just get the approvals and then work on the projects as they are funded. Mr. Chadbourne said the outdoor dining area will start first and the rest will happen as they have the funding. Mr. Gorman asked if there is a trigger in which they must come back to P&Z. Mr. Bendon said staff asked them to come with all the projects at one time and not come for each project individually. If something changes in the plan, they will ask staff how to proceed. Ms. McGovern asked if there is vesting. Mr. Anderson replied that going past the vesting date does not mean they cannot build, they just lose the ability to be exempt from code changes. He said if this wasn’t under PD they could come in ask and go straight to building permit. One of the things this action does is give them approvals and give them time to carry out those approvals. Ms. McGovern asked if the observation decks will be ADA accessible. Mr. Wild replied that they will be. Staff Presentation: Sammi Montalto, Planner I Ms. Montalto introduced herself and gave an overview of the project and how it got to this point. The review criteria are a minor amendment to detailed review, commercial design review, and growth management quota system review. They have 8,319 square feet of allowable floor area they have not built out yet. The 6 components have been determined the best use of remaining square footage by club staff, the proposed changes are all in line with what the PD had approved for over 20 years. All review criteria have been met. Staff recommends approval of the resolution. 4 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 1, 2024 Board Questions: Mr. Canfield asked if there was any public comment regarding this project. Ms. Montalto said no public comment, there were some inquiries about the project but no comments after the information was given to them. Mr. Tarver asked if them using this square footage stops them from being able to put up the same number of tents next year. Ms. Montalto said they are still approved for the same number of temporary structures and will have to mitigate for any they use. Board Discussion: Mr. Tarver said it is good for him. Mr. Canfield said it is straight forward Mr. Gorman said it seems compliant in all respects. Ms. McGovern said it demonstrates compliance with all the review criteria. Ms. Pitt said it will mitigate time and effort spent on tents. Motion: Mr. Gorman moved to approve resolution 9 series 2024 as written; Mr. Canfield seconded. Roll call vote: Mr. Tarver, yes; Ms. Pitt, yes; Mr. Knight, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. McGovern, yes; Motion passes 6-0. Adjourn: Mr. Gorman motioned to adjourn; Mr. Canfield seconded. All in favor. Tracy Terry, Deputy City Clerk 5 950 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: December 3, 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 6 950 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. CHANGES SINCE FIRST READING: There are minimal changes to the packet from the original hearing on November 19th. Most of the changes are changes to the Resolution language mentioning the continuation of the hearing. 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 7 950 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.” 8 950 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. 9 950 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 #11, 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 #11, Series of 2024, granting approval of the proposed garage placement. ATTACHMENTS: Resolution #11, Series of 2024 Exhibit A- Residential Design Standards Review Criteria Exhibit B- Application 10 P&Z Resolution #11, Series of 2024 Page 1 of 4 RESOLUTION #11 (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, on November 19, 2024, during a duly noticed public hearing, the City of Aspen Planning & Zoning Commission reviewed the project and voted to continue the application at the applicant’s request; 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, 11 P&Z Resolution #11, Series of 2024 Page 2 of 4 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, WHEREAS, the Planning and Zoning Commission approves Resolution #11, 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 December 3, 2024. 12 P&Z Resolution #11, 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 13 P&Z Resolution #11, Series of 2024 Page 4 of 4 Exhibit A: Approved Site Plan 14 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. 15 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. 16 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. 17 2 EXHIBIT 1 - SEC. 26.410.010. – GENERAL 18 3 EXHIBIT 2 - SEC. 26.410.030(c)(2). – GARAGE PLACEMENT 19 4 EXHIBIT 3 – SETBACK GARAGE DIAGRAM 20 5 EXHIBIT 4 – SIDE-LOADED GARAGE DIAGRAM 21 6 EXHIBIT 5 – SITE CONSTRAINTS DIAGRAM 22 23 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 24 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 25 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. 26 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. 27 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. 28 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: 29 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 30 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 31 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 32 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) 33 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. 34 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 35 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. 38 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II— Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 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. 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 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. 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 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. 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 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 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 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 43 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 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 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. 45 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 . 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 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. 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 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. 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 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. 49 © 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. 50 © 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. 51 © 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. 52 © 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. 53