HomeMy WebLinkAboutagenda.boa.082125AGENDA
ASPEN BOARD OF ADJUSTMENT
August 21, 2025
4:30 PM, City Council Chambers
3rd Floor - City Hall
427 Rio Grande Place
I.ROLL CALL
II.COMMENTS
III.MINUTES
III.A Draft Minutes - 6/19/25 & 8/7/25
IV.DECLARATION OF CONFLICT OF INTEREST
V.PUBLIC HEARINGS
V.A Resolution #03, Series of 2025, Dimensional Variance Request, 835 East Durant
Avenue
VI.OTHER BUSINESS
VII.BOARD REPORTS
VIII.ADJOURN
minutes.boa.20250619_DRAFT.docx
minutes.boa.20250807_DRAFT.docx
Memo.835 E Durant St.pdf
BOA Resolution #03, Series of 2025_Denying Request.pdf
BOA Resolution #03 Series of 2025_Approving Request.pdf
Exhibit A - Existing and Proposed Floor Plans.pdf
Exhibit B - Variance Review Criteria, Staff Findings.pdf
Exhibit C - 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
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1
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding. Deliberation by the commission commences. No further interaction
between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JUNE 19TH, 2025
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:42 p.m.
Commissioners in attendance: Rick Head, Ashley Feddersen, Tim Sack and Andrew Sandler.
Commissioners not in attendance: Jim Farrey and Collin Frank
Staff present:
Sophie Varga, Zoning Administrator
Jeff Barnhill, Senior Planner
Kate Johnson, City Attorney
Mike Sear, Deputy City Clerk
Staff Comments: None
Commissioner comments: None
Minutes: Mr. Head motioned to approve the minutes from 3/6/25; 4/17/25, 5/8/25; 6/5/25. Ms.
Feddersen seconded. Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr.
Sandler, yes. 4-0 vote, motion passes.
Declaration of Conflicts of Interest: None
PUBLIC HEARING: Resolution #2, Series of 2025 – 835 East Durant Avenue –
Dimensional Variance Request
Applicant Presentation – Chris Bendon – Bendon Adams
Mr. Bendon began his presentation by describing the property and introducing Mr. Joe Spears
from S2 Architects, who is the architect on the project, and Ms. Nathalie Crick, who is on the
HOA. He continued by describing more details of the building including layout and square
footage. He then described the existing conditions, noting that it was originally built slightly
askew to the property lines. He mentioned that they were not sure why this had occurred. He
showed a diagram of the building on the property and pointed out the difference between the
building and property lines. He said that one of their proposals was to square off the existing roof
forms that currently extend further into the setback. He mentioned that if the proposed third
floor was made to conform with the current property lines and setbacks it would end up being
askew from the existing first and second floors that were not built in line with them. He noted
that the application requested two variances. One 26-inch side yard variance along the west side,
creating a 34-inch setback. The other is a 46-inch side yard variance that would create a setback
of 14 inches. These both mimic the existing conditions going straight up and would not further
encroach into the setbacks.
Mr. Bendon moved on to the three criteria that a decision would need to be based on and noted
that these were included in the application and the staff memo. He went over each of them and
explained their reasoning that they had all been met.
Mr. Bendon then turned the presentation over to Mr. Spears to go over the design. Mr. Spears
mentioned that there were locals living in the building and they had a real budget and did not
want to scrape and replace. He noted that part of the existing roof forms would not be removed
and were to become part of the new third floor.
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JUNE 19TH, 2025
Ms. Crick said that she felt the design was consistent with the structure. She also noted that they
had been in the design and planning process for about seven years and were very pleased with
what Mr. Spears had produced. She felt it was very logical to do what was proposed and reduce
the amount of demolition.
Mr. Bendon finished by confirming that the board members had received the public comment
emails that were sent from neighbors. The members all confirmed this.
Mr. Sack asked if there was any additional square footage planned on the existing first or second
floors. Mr. Bendon said no.
Ms. Feddersen asked if the residents and HOA were ready to move forward with this design. Mr.
Spears said yes.
Staff Presentation – Sophie Varga – Zoning Administrator
Ms. Varga began her presentation by going over some background of the building as well as the
application proposal to add the third story. She then showed a few pictures of the existing
conditions of the proposed new design. She reiterated that in the proposed design, the third floor
would be in the setbacks. She reviewed the zoning setback requirements. She noted that the
proposal will reduce the required 5-foot setbacks to a 1 foot 2-inch setback on the east side and a
2-foot 10-inch setback on the west side. She then went over the three review criteria for
dimensional variances and noted that all three must be met to be granted. She reviewed staff
findings on the criteria as outlined in Exhibit B of the staff memo and noted that staff find that all
three criteria are not met.
Ms. Varga concluded by stating that staff is recommending denial of the application as it does
not meet the criteria.
Mr. Sack felt that the applicant team had done a very thorough job in finding solutions to update
this building. He also felt the new design was in line with the community and that with the
efficiency and low demolition percentage of the project it was worth approving.
Ms. Feddersen felt the support of the neighbors was important.
PUBLIC COMMENTS: Mr. John Newhouse introduced himself and noted that he was a
member of the HOA. He described the process of collecting feedback from all members of the
HOA to help guide the design and proposal. He said that the HOA felt the requested variance
was within reason.
Before the board discussion, Mr. Sack asked if there had been any other buildings that had been
in a similar situation being set slightly askew to the setbacks.
Mr. Bendon felt that with how old town is, there were probably numerous other similar
examples.
BOARD DISCUSSION: Mr. Sandler began the board discussion by saying that he felt the code
was very important but there was also the spirit of the code. He felt that this request was within
the spirit of the code and where we want to go as a town regarding esthetics and reducing the
amount of waste in the landfill.
Mr. Head noted that he always tried to support staff and that he was not in support of the
variance request. He did not feel the applicant had demonstrated that they have been denied any
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JUNE 19TH, 2025
reasonable use of the property or that their rights have been denied as compared to other similar
properties. He felt that zoning laws had been created, in part by Mr. Bendon, and that they have
been charged with abiding by them. He also felt that this was just a convenience to the applicant
to use the existing structure which currently encroaches in the side yard setbacks. While he felt
that the design looked great, they were not charged with aesthetics. He felt that this was just a
proposal to expand a non-conforming use.
Ms. Feddersen liked the proposal and agreed that many buildings in town will need to be
updated. She also felt that if there was a stack of letters from neighbors opposing the proposal,
she might feel different, but since they only had letters of approval, she was supportive. She
appreciated the reduction in demolition and recycling most of the materials.
Mr. Sandler again spoke about the spirit of the code and felt the applicant had demonstrated that
with the time and effort that was put into this.
MOTION: Mr. Sandler motioned to approve Resolution #2, in approval of the variance request,
Mr. Sack seconded.
Ms. Johnson noted that under the Code an approval from the Board of Adjustment had to be at
least four votes in favor. If less than four votes are in favor, there is no action, but it is not
considered a denial. She noted that it seemed that an approval of four votes was not possible at
the moment and she suggested that the item be continued to a date certain.
Mr. Sack asked Mr. Head if there was any way of adjusting his perspective on this. He reiterated
his thoughts of why he was in support. Mr. Head appreciated Mr. Sack’s comments but said that
he was not changing his mind.
Roll call vote: Mr. Sack, yes; Mr. Head, no; Ms. Feddersen, yes; Mr. Sandler, yes. 3-1; Motion
fails. No action taken.
Mr. Sandler motioned to continue the hearing to August 7th at 4:30pm. Ms. Feddersen seconded.
Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; Motion
passes.
PUBLIC HEARING: Resolution #3, Series of 2025 – 202 Lone Pine Rd. - Setback Variance
for Trash Enclosure
Applicant Presentation: Ms. Allison Agley – Mocklin Homeowners Association, LLC
Ms. Agley introduced herself and said that she would let Mr. Barnhill make the presentation.
Staff Presentation: Jeff Barnhill – Senior Planner
Mr. Barnhill began his presentation by going over some of the details of the property and he
detailed the variance request to construct a new trash enclosure. He noted that the current
property has two roll away dumpsters sitting in the parking area. He showed some pictures of the
current conditions. He then listed the required setbacks for this type and size property as outlined
in the staff memo. Next, he noted the variance requests of a 3-foot front yard setback where 15-
feet is required and a 1.5-foot side yard setback where 5-feet is required.
Mr. Barnhill addressed the variance criteria and noted that staff felt that the proposed enclosure
makes the existing condition better. He mentioned that the enclosure of trash is a reasonable use
of the property, and the request was the minimum variance necessary to enclose the trash.
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT JUNE 19TH, 2025
Mr. Barnhill finished by stating that staff recommends the BOA approve this request.
PUBLIC COMMENTS: None
BOARD DISCUSSION: The members did not have any questions for staff and were in support
of the request.
MOTION: Mr. Sandler motioned to approve Resolution #2, Series of 2025. Ms. Feddersen
seconded. Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-
0; All in favor, motion passes.
ADJOURN: Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded.
Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
_____________________
Mike Sear, Deputy Clerk
6
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT August 7TH, 2025
Chair Sandler opened the meeting of the Aspen Board of Adjustment at 4:30 p.m.
Commissioners in attendance: Andrew Sandler
Commissioners not in attendance: Tim Sack, Collin Frank, Ashley Feddersen, Linda Manning
and Rick Head.
Staff present:
Sophie Varga, Zoning Administrator
Daniel Folke, Planning Director
Kate Johnson, City Attorney
Mike Sear, Deputy City Clerk
Mr. Sandler noted that they were here to continue the agenda item for 835 East Durant Avenue.
Ms. Johnson noted for the record that there was no quorum present and the only action that could
be taken by Mr. Sandler would be to continue the meeting and agenda item to a date certain.
Mr. Sandler continued the meeting to August 21st, 2025, for consideration of the agenda item.
Mr. Sandler then adjourned the meeting.
_____________________
Mike Sear, Deputy Clerk
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MEMORANDUM
TO: City of Aspen Board of Adjustment
FROM: Sophie Varga, Zoning Administrator
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: April 28th, 2025
MEETING DATE: August 21st, 2025
RE: 835 East Durant Avenue, Dimensional Variance Review
REQUEST OF THE BOARD OF ADJUSTMENT:
The Board of Adjustment (BOA) is asked to review, consider, and deny a request for
dimensional variances, reducing the minimum setback requirements in the Residential
Multi-Family (RMF) Zone District:
• Along the west, a 26-inch side yard variance to allow a setback of 34 inches
(5 feet to just less than 3 feet)
• Along the east, a 46-inch side yard variance to allow a setback of 14 inches
(5 feet to just more than 1 foot)
This request is for the construction of an additional level for six of the dwelling units and
a change in the roof line, as shown in Exhibit A. No other development is permitted
within the established R/MF setbacks other than threose projections defined within
Section 26.575.020.e.5, Allowed Projections into Setbacks.
SUMMARY AND BACKGROUND:
835 East Durant Avenue is in the RMF Zone District and is subject to five-foot setbacks
on all sides. The property is developed with two multi-family buildings, constructed at a
slight angle to the property lines when they were developed in the mid-sixties. The
buildings encroach into the setback. The current configuration of the existing buildings
create a non-conformity related to setbacks. One building contains six dwelling units, the
second contains the other five, for a total of eleven dwelling units on the property. The
property is condominiumized. The applicant proposes to build an additional floor for six
of the units. The applicant also proposes to adjust the main level roof line from a mansard
roof to a flat roof. To proceed, the proposal would require a Dimensional Variance for
setback variances.
8
Staff Memo, 835 East Durant Avenue
Dimensional Variance – Board of Adjustment
Page 2 of 3
Staff finds the application does not meet the
applicable review criteria and recommends denial
of the request. The Board of Adjustment is the final
decision-making authority for this review.
STAFF DISCUSSION:
The criteria for receiving a variance are strict. The
criteria and staff responses can be found in
Exhibit B. A property owner must demonstrate
that reasonable use of the property has been
withheld by the City and can only be achieved by
the City providing a variance. In situations where
all, or practically all, reasonable use of a property
is made impossible by development regulations,
the City is able to grant a variance to avoid a
“regulatory taking”. The property owner must
demonstrate that their rights, as compared with
owners of similar properties, have been deprived.
In considering these criteria, the Board of Adjustment must consider unique conditions
inherent to the property which are not the result of the Applicant’s actions and are not
applicable to other parcels, buildings, or structures in the zone district.
Reasonable use of the property has not been withheld by the City of Aspen. The eleven
units on the property can remain and the mansard roof can remain in place without a
setback variance. No unique conditions or circumstances prohibit the development of a
structure that meets underlying setback requirements. While the presence of the
setbacks related to the existing development may limit expansion as desired, it does not
constitute a hardship. It is reasonable for property owners in the RMF Zone District to
develop multi-family residential buildings while complying with the setback regulations
established for all development by the Land Use Code.
Referral Comments:
Staff referred this request to the Building, Engineering, Parks, and Zoning Departments
for a cursory review of the proposed residence. Parks and Building had no comments on
the proposal. There are two resolutions in the packet – one written in the affirmative, one
in the negative. The following conditions are integrated into the resolution approving the
variance request. These conditions will be reviewed at building permit.
Engineering:
• This development will trigger a major level engineering review. A full construction
mitigation plan, ECU Calculator, stormwater drainage plan, utilities plan, public
improvements plan, and drainage report are required. More may be required at the
time of permit.
Figure 1: Property Location
9
Staff Memo, 835 East Durant Avenue
Dimensional Variance – Board of Adjustment
Page 3 of 3
o This project may be subject to the Urban Runoff Management Plan Chapter
7: Mudflow. Proposed site improvements may dictate a full mudflow
analysis.
o This project will be required to install sidewalk along Durant. Consult parks
on the best alignment around existing trees on Durant.
• A water line upgrade may be necessary for the purposes of fire suppression.
Continue to work with the Water Department and Engineering Department for
alignment and sizing of any new water lines.
• An electric transformer upgrade may be necessary for the purpose of supplying
adequate electricity. Continue to work with the Electric Department and the
Engineering Department for alignment and sizing on a potential new transformer.
Zoning:
• All calculations will be reviewed at building permit, including net livable area, floor
area, and height.
• The proposal must comply with underlying zoning for all dimensional
requirements not impacted by the variance.
RECOMMENDATION: Staff recommends denial of the variance request. Two draft
resolutions are provided, one approving the request and one denying the request. The
request is written to expire after twelve months from the date of approval. The Board of
Adjustment may grant a one-time extension for an additional twelve months, for a total
of twenty-four months. The applicant must demonstrate good cause showing that an
extension is necessary
PROPOSED MOTION (All motions are proposed in the affirmative):
“I move to approve BOA Resolution #03, Series of 2025, denying setback variances at
835 East Durant Avenue.”
EXHIBITS:
Draft BOA Resolution #03, Series of 2025, Denying Variance Request
Draft BOA Resolution #03, Series of 2025, Approving Variance Request
Exhibit A – Existing and Proposed Plans
Exhibit B – Variance Review Criteria, Staff Findings
Exhibit C – Application
10
835 East Durant Avenue
BOA Resolution #03, Series 2025
Page 1 of 2
RESOLUTION #03
(SERIES OF 2025)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT DENYING A
DIMENSIONAL VARIANCE FOR THE PROPERTY COMMONLY KNOWN AS 835
EAST DURANT AVENUE, LEGALLY DESCRIBED AS: UNITS 1-11 AND COMMON
AREA ASPEN TOWNHOUSES "EAST" CONDOMINIUMS, ACCORDING TO THE
MAP THEREOF RECORDED OCTOBER 20, 1965 IN PLAT BOOK 3 AT PAGE 49, AND
FIRST AMENDMENT THERETO RECORDED JULY 9, 1982 IN PLAT BOOK 13 AT
PAGE 70 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM
DECLARATION FOR ASPEN TOWNHOUSES "EAST" CONDOMINIUMS RECORDED
OCTOBER 20, 1965 IN BOOK 216 AT PAGE 260. COUNTY OF PITKIN, STATE OF
COLORADO.
Parcel ID No: 2737-182-58-802
WHEREAS, the subject property is in the Residential Multi-Family (R/MF) Zone District
and is improved with two multi-family buildings located within the five (5) foot side-yard setbacks
along the eastern and western property lines.
WHEREAS, the Community Development Department received an application for 835 East
Durant Avenue, (the Application) from Aspen Townhouses East Condominium Association
(Applicant), represented by Chris Bendon, BendonAdams, requesting setback variances pursuant
to Land Use Code Chapter 26.314, for the construction of an additional level for six of the dwelling
units and a change in the roof line, as shown in Exhibit A; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete - January 13, 2025, as applicable to this Project;
and,
WHEREAS, during a duly noticed public hearing on August 21st, 2025, the Board of
Adjustment reviewed the application and approved Resolution #03, Series of 2025, by a xx to xx
(xx - xx) vote, denying Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: Variance
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment denies the setback variance requests as represented in Exhibit A.
Section 2: 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.
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835 East Durant Avenue
BOA Resolution #03, Series 2025
Page 2 of 2
Section 3: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, approved this 21st day of August, 2025.
Approved as to form: Approved as to content:
__________________________ ______________________________
Luisa Berne, Assistant City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Mike Sear, Deputy City Clerk
Exhibits:
Exhibit A: Proposed Plans
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835 East Durant Avenue
BOA Resolution #03, Series 2025
Page 1 of 3
RESOLUTION #03
(SERIES OF 2025)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
A DIMENSIONAL VARIANCE FOR THE PROPERTY COMMONLY KNOWN AS 835
EAST DURANT AVENUE, LEGALLY DESCRIBED AS: UNITS 1-11 AND COMMON
AREA, ASPEN TOWNHOUSES "EAST" CONDOMINIUMS, ACCORDING TO THE
MAP THEREOF RECORDED OCTOBER 20, 1965 IN PLAT BOOK 3 AT PAGE 49, AND
FIRST AMENDMENT THERETO RECORDED JULY 9, 1982 IN PLAT BOOK 13 AT
PAGE 70 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM
DECLARATION FOR ASPEN TOWNHOUSES "EAST" CONDOMINIUMS RECORDED
OCTOBER 20, 1965 IN BOOK 216 AT PAGE 260. COUNTY OF PITKIN, STATE OF
COLORADO.
Parcel ID No: 2737-182-58-802
WHEREAS, the subject property is in the Residential Multi-Family (R/MF) Zone District
and is improved with two multi-family buildings located within the five (5) foot side-yard setbacks
along the eastern and western property lines.
WHEREAS, the Community Development Department received an application for 835 East
Durant Avenue, (the Application) from Aspen Townhouses East Condominium Association
(Applicant), represented by Chris Bendon, BendonAdams, requesting setback variances pursuant
to Land Use Code Chapter 26.314, for the construction of an additional level for six of the dwelling
units and a change in the roof line, as shown in Exhibit A; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete – January 13, 2025, as applicable to this Project;
and,
WHEREAS, during a duly noticed public hearing on August 21st, 2025, the Board of
Adjustment reviewed the application and approved Resolution #03, Series of 2025, by a xx to xx
(xx - xx) vote, granting approval for Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: Variance
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves the following requests:
• 26-inch side yard setback variance along the west property line, reducing the setback
requirement from 5 feet to 34 inches.
• 46-inch side yard setback variance along the east property line, reducing the setback
requirement from 5 feet to 14 inches.
This approval is for the construction of an additional level for six of the dwelling units and a change
in the roof line, as shown in Exhibit A. No other improvements shall be permitted within
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835 East Durant Avenue
BOA Resolution #03, Series 2025
Page 2 of 3
established setbacks other than those projections defined within Land Use Code Subsection
26.575.020.E.5, Allowed Projections into Setbacks.
Section 2: Referral Departments
The Applicant shall apply for all applicable building permits prior to redevelopment. The
following conditions apply at the time of building permit.
Engineering:
• This development will trigger a major level engineering review. A full construction
mitigation plan, ECU Calculator, stormwater drainage plan, utilities plan, public
improvements plan, and drainage report are required. More may be required at the time of
permit.
o This project may be subject to the Urban Runoff Management Plan Chapter 7:
Mudflow. Proposed site improvements may dictate a full mudflow analysis.
o This project will be required to install sidewalk along Durant. Consult parks on the
best alignment around existing trees on Durant.
• A water line upgrade may be necessary for the purposes of fire suppression. Continue to
work with the Water Department and Engineering Department for alignment and sizing of
any new water lines.
• An electric transformer upgrade may be necessary for the purpose of supplying adequate
electricity. Continue to work with the Electric Department and the Engineering Department
for alignment and sizing on a potential new transformer.
Zoning:
• All calculations will be reviewed at building permit, including net livable area, floor
area, and height.
• The proposal must comply with underlying zoning for all dimensional requirements not
impacted by the variance.
Section 3: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department and the Board of Adjustment, are hereby
incorporated in such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by other specific conditions or an authorized authority.
Section 4: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: Expiration: Pursuant to Land Use Code Section 26.314.070, the subject variance shall
expire 12 months from the date of the approval unless development has commenced as illustrated
by the submission of a building permit or an extension is granted. The subject variance is not a
Site-Specific Development Plan (SSDP), is not vested, and will not receive a Development Order.
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835 East Durant Avenue
BOA Resolution #03, Series 2025
Page 3 of 3
Section 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, approved this 21st day of August, 2025.
Approved as to form: Approved as to content:
__________________________ ______________________________
Luisa Berne, Assistant City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Mike Sear, Deputy City Clerk
Exhibits:
Exhibit A: Proposed Plans
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7
9
4
5
7 9 4 5
7 9 4 6
7 9 47
7 948
7
9
4
47946
7 9 4 8
7 947
7948
7 9 4 6
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
MECH MECH MECH
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
PROPERTY LINE
BUILDING SETBACK
ENTRY PATIO ENTRY PATIO ENTRY PATIO
EN
T
R
Y
P
O
R
C
H
PARKING AREA
LAWN
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
MECH
OVERHEAD
OVERHEAD
OVERHEAD
OV
E
R
H
E
A
D
DURANT STREET
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.1
MAIN LEVEL FLOOR
PLAN - PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
MAIN LEVEL - EXISTING/DEMO1 16
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
S
W
E
N
D
S
T
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
DECK DECK DECK DECK DECK DECK
FP
DECK
DECK
DECK
DECK
DECK
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.2
UPPER LEVEL
FLOOR PLAN -
PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
SECOND LEVEL - EXISTING/DEMO1 17
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SKY LIGHT
SKY LIGHT
DECK BELOW
DECK BELOW DECK BELOW
DECK BELOW
DECK BELOW
DE
C
K
DE
C
K
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
SKY LIGHT SKY LIGHT
DECK BELOW
UNIT 1 UNIT 3 UNIT 5 UNIT 6
ROOFROOF
UNIT 9
UNIT 10
ROOF
ROOF
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.3
THIRD/ROOF FLOOR
PLAN - PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
THIRD/ROOF LEVEL - EXISTING/DEMO1 18
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED THIRD LEVEL
7'
-
1
1
"
7'
-
1
1
"
8'
-
6
"
3'
-
1
0
"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
2' - 1"
7'
-
1
1
"
7'
-
1
1
"
3'
-
1
0
"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
2' - 2"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED UPPER LEVEL
7'
-
1
0
"
7'
-
1
0
"
4'
-
6
"
4'
-
6
"
7'
-
1
0
"
7'
-
1
0
"
7'
-
6
"
SE
T
B
A
C
K
L
I
N
E
ADDITIVE PROPOSED ELEMENT IN THE
SETBACK TO SQUARE OFF THE EXISTING
MANSARD AND GABLE ROOF, IN THE SAME
PLANE AS GLABLE & BUMPOUT ALREADY
PROJECTS. WE PROPOSE TO KEEP THE
BUMPOUT AND GABLE FRAMING INTACT
AND INSTALL ADDATIVE FRAMING TO FLUSH
EVERYTHING OUT.
NEW THIRD FLOOR PROPOSED TO
STACK WITH EXTERIOR WALLS
BELOW TO MAKE STRUCTURE
EFFICIENT AND LIMIT DEMO OF
EXISTING FRAMING
EXISTING GABLE ROOF
PROJECTION INTO
SETBACK
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
ADDITIVE PROPOSED
ELEMENT IN THE
SETBACK TO SQUARE
OFF THE EXISTING
MANSARD, IN THE
SAME PLANE AS
MANSARD ALREADY
PROJECTS
NEW THIRD FLOOR
PROPOSED TO STACK
WITH EXTERIOR
WALLS BELOW TO
MAKE STRUCTURE
EFFICIENT AND LIMIT
DEMO OF EXISTING
WITHIN SETBACK AT
SECTION LINE
2' - 2"
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
3' - 2"
3' - 0"
3' - 3"
EXISTING WALL
BUMPOUT INT
SETBACK
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA9.2
SECTION DIAGRAMS
12.10.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
SECTION 1 SECTION 2
EXISTING PROPOSED
EXISTING PHOTOS PROPOSED RENDERING
Exhibit 9
19
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
UP
UP
DN
UP
UP
UP
UP
UPUP
UP
UP
UP
UP
UP
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
ENTRY ENTRY
BEDROOM OFFICE
BEDROOM
CLOSET
BEDROOM
BATH
BATH
MECH
BEDROOM BEDROOM
BEDROOM BEDROOM
MECH MECH
ENTRY ENTRY ENTRY ENTRY
BEDROOM BEDROOM
BEDROOM BEDROOM
CLOSET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
BATH BATH
PROPERTY LINE
BUILDING SETBACK
ENTRY PATIO ENTRY PATIO ENTRY PATIO
BEDROOM BEDROOM
ENTRY
ENTRY
BATH
BATH
BEDROOM BEDROOM
EN
T
R
Y
P
O
R
C
H
PARKING AREA
LAWN
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UN
I
T
7
UN
I
T
8
UN
I
T
9
UN
I
T
1
0
UN
I
T
1
1
ENTRY
ENTRY
ENTRY
BEDROOM BEDROOM
CLOSET
BATH
BEDROOM BEDROOM
MECH
BEDROOM BEDROOM
BATH
BATH
OVERHEAD
OVERHEAD
OVERHEAD
OV
E
R
H
E
A
D
DURANT STREET
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.1
MAIN LEVEL FLOOR
PLAN -
EXISTING/DEMO
07.24.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
MAIN LEVEL - EXISTING/DEMO1
Exhibit A: Existing and Proposed Plans
The purpose of this exhibit is limited to
understanding the relationship of the
existing and proposed structures to the
setbacks.
20
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
UP
DN
DN
DN
DN
DN
DN
DN
DN DN
DN
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
S
W
E
N
D
S
T
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
BEDROOM BEDROOM
BATHBATH
KITCHEN KITCHEN
LIVING
FP
FP
LIVING
DECK DECK DECK DECK DECK DECK
BEDROOM BEDROOM BEDROOM
KITCHEN KITCHEN
KITCHEN
KITCHEN
FP
FP FP FP
BATH BATH
LIVING LIVING
BATH
BATH
LIVING
LIVING
KITCHEN
KITCHEN
BATH
BATH
LIVING
KITCHEN
BATH
BEDROOM
BEDROOM
BATH
BATH
BEDROOM
KITCHEN
KITCHEN
LIVING
LIVING
DECK
DECK
DECK
DECK
DECK
LIVING LIVING
REF
REF
REF
REF
REF
REF
REF
REF
REF
REF
REF
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.2
UPPER LEVEL
FLOOR PLAN -
EXISTING/DEMO
07.24.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
SECOND LEVEL - EXISTING/DEMO1 21
7 9 4 5
7 9 4 6
7 9 47
7 948
7
9
4
6
7946
7 9 4 8
7 947
7948
7 9 4 6
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
TUB
BEDROOM
SKY LIGHT
SKY LIGHT
SKY LIGHTSKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SKY LIGHT
SKY LIGHT
SKY LIGHT
DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOW
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
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L
O
W
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.3
THIRD/ROOF FLOOR
PLAN -
EXISTING/DEMO
07.24.2024
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3/16" = 1'-0"
THIRD/ROOF LEVEL - EXISTING/DEMO1 22
7
9
4
5
7 9 4 5
7 9 4 6
7 9 47
7 948
7
9
4
47946
7 9 4 8
7 947
7948
7 9 4 6
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
MECH MECH MECH
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
PROPERTY LINE
BUILDING SETBACK
ENTRY PATIO ENTRY PATIO ENTRY PATIO
EN
T
R
Y
P
O
R
C
H
PARKING AREA
LAWN
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
MECH
OVERHEAD
OVERHEAD
OVERHEAD
OV
E
R
H
E
A
D
DURANT STREET
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.1
MAIN LEVEL FLOOR
PLAN - PROPOSED
09.26.2024
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MAIN LEVEL - EXISTING/DEMO1PROPOSED
23
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
S
W
E
N
D
S
T
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
DECK DECK DECK DECK DECK DECK
FP
DECK
DECK
DECK
DECK
DECK
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.2
UPPER LEVEL
FLOOR PLAN -
PROPOSED
09.26.2024
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SECOND LEVEL - EXISTING/DEMO1PROPOSED
24
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SKY LIGHT
SKY LIGHT
DECK BELOW
DECK BELOW DECK BELOW
DECK BELOW
DECK BELOW
DE
C
K
DE
C
K
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
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L
O
W
SKY LIGHT SKY LIGHT
DECK BELOW
UNIT 1 UNIT 3 UNIT 5 UNIT 6
ROOFROOF
UNIT 9
UNIT 10
ROOF
ROOF
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.3
THIRD/ROOF FLOOR
PLAN - PROPOSED
09.26.2024
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3/16" = 1'-0"
THIRD/ROOF LEVEL - EXISTING/DEMO1PROPOSED
25
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED THIRD LEVEL
7'
-
1
1
"
7'
-
1
1
"
8'
-
6
"
3'
-
1
0
"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
2' - 1"
7'
-
1
1
"
7'
-
1
1
"
3'
-
1
0
"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
2' - 2"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED UPPER LEVEL
7'
-
1
0
"
7'
-
1
0
"
4'
-
6
"
4'
-
6
"
7'
-
1
0
"
7'
-
1
0
"
7'
-
6
"
SE
T
B
A
C
K
L
I
N
E
ADDITIVE PROPOSED ELEMENT IN THE
SETBACK TO SQUARE OFF THE EXISTING
MANSARD AND GABLE ROOF, IN THE SAME
PLANE AS GLABLE & BUMPOUT ALREADY
PROJECTS. WE PROPOSE TO KEEP THE
BUMPOUT AND GABLE FRAMING INTACT
AND INSTALL ADDATIVE FRAMING TO FLUSH
EVERYTHING OUT.
NEW THIRD FLOOR PROPOSED TO
STACK WITH EXTERIOR WALLS
BELOW TO MAKE STRUCTURE
EFFICIENT AND LIMIT DEMO OF
EXISTING FRAMING
EXISTING GABLE ROOF
PROJECTION INTO
SETBACK
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
ADDITIVE PROPOSED
ELEMENT IN THE
SETBACK TO SQUARE
OFF THE EXISTING
MANSARD, IN THE
SAME PLANE AS
MANSARD ALREADY
PROJECTS
NEW THIRD FLOOR
PROPOSED TO STACK
WITH EXTERIOR
WALLS BELOW TO
MAKE STRUCTURE
EFFICIENT AND LIMIT
DEMO OF EXISTING
WITHIN SETBACK AT
SECTION LINE
2' - 2"
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
3' - 2"
3' - 0"
3' - 3"
EXISTING WALL
BUMPOUT INT
SETBACK
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA9.2
SECTION DIAGRAMS
12.10.2024
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SECTION 1 SECTION 2
EXISTING PROPOSED
EXISTING PHOTOS PROPOSED RENDERING
Exhibit 9
PR
O
P
O
S
E
D
PR
O
P
O
S
E
D
EX
I
S
T
I
N
G
PROPOSEDPROPOSEDEXISTING
26
Exhibit B –Variance Review Staff Findings
Board of Adjustment
835 East Durant Avenue Dimensional Variance – Review Criteria
Page 1 of 2
Sec. 26.314.040(a): In order to authorize a variance from the dimensional requirements
of Title 26, the appropriate decision-making body shall make a finding that the following
three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives
and policies of this Title and the Municipal Code; and
Staff findings: The purpose statement of the Land Use Code includes establishing and
enforcing clear and consistent regulations to regulate the impacts of development on the
neighbors, environment, and City, while balancing the legitimate rights and reasonable
expectations of property owners. It’s reasonable for property owners, such as those at
835 East Durant Avenue, to develop multi-family residential buildings in the Residential
Multi-Family (RMF) Zone District. The property owners are able to fulfill this expectation
while complying with the underlying zoning regulations, upholding the goal of upholding
and enforcing clear and consistent regulations. Staff finds the criterion not met.
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure; and
Staff findings: Staff finds that reasonable use of the parcel exists in its current
configuration, currently developed with two townhouse buildings with a total of eleven
dwelling units. The property is developed with multi-family residential buildings, and is
zoned for multi-family residential buildings. Staff finds the criterion not met.
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from
mere inconvenience. In determining whether an applicant's rights would be deprived,
the Board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
Staff findings: There are many nonconforming structures within the RMF Zone District.
Staff recognizes that it may be more difficult to construct the additional story outside of
the setback. Staff also recognizes that the applicant desires a different roof line on the
main level. This difficulty and desire constitutes an inconvenience, not a hardship. Other
27
Exhibit B –Variance Review Staff Findings
Board of Adjustment
835 East Durant Avenue Dimensional Variance – Review Criteria
Page 2 of 2
parcels, buildings, and structures in the same zone district are subject to, and constructed
to, underlying setbacks. Staff finds the criterion not met.
28
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
December 23, 2024
Sophie Varga
Zoning Administrator
City of Aspen
457 Rio Grande Place
Aspen, CO 81611
RE: East Aspen Townhomes – 835 East Durant Avenue
Setback Variance Request
Ms. Varga:
Please accept this application
requesting side yard setback
variances for 835 East Durant
Avenue. The requested variances
will enable development of a third
floor on each existing building
along with architectural
projections into the setback areas.
The Aspen Townhouses East
property consists of eleven
residences within two buildings.
The property is located in the
Residential Multi-Family (R/MF)
Zone District and is approximately
15,000 square feet.
The above rendering shows the
architectural vision for the property.
Below is a picture of the existing
architectural style.
The residences were initially built as two-story units, with
a ground floor and an upper floor (no basements) in a
townhome configuration.
The property was developed by Harry Uhlfelder pursuant
to City of Aspen building permit no. 824C, issued May
28, 1965. A Certificate of Occupancy was issued on
February 16, 1966. A condominium map for the property
was filed October 20, 1966, and amended once on July
2, 1982, to accommodate a partial third floor of Unit 5.
Please see reference documents.
29
Aspen Townhomes East
Page 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Numerous building permits for various upgrades to individual units are on file with the City. The
property has not had a wholesale update since its original development.
The property was developed
facing south. Entrances to the
units are along the Deane Street
side of the property. The property
is also bounded by Durant Avenue
and South West End Street. The
proposal includes creating a
better pedestrian orientation
along the two primary streets.
The picture to the
right shows the
existing conditions as
viewed from Durant
Avenue.
The initial layout of the buildings
appears to have had a slight skew.
The buildings are close, but not
quite parallel with the property
lines.
The map to the right
highlights the existing “skew”
to the buildings, comparing
the required setback lines
with the existing building
footprints.
30
Aspen Townhomes East
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
For the eastern building, the
existing setback varies from 5 feet
to 3.4 feet. Each building also has
a roof overhang of approximately
26 inches further encroaching into
the setback. The west setback is
currently 34 inches where 5 feet
(60 inches) is required. The
eastern setback is currently 14
inches where 5 feet (60 inches) is
required.
The map to the right
highlights the existing
encroachment of the
eastern building into the
setback.
The proposal is to expand the
buildings with a third floor using
the current extent of the structures
and building straight upwards.
The mansard roof elements will be
“squared-off” and continue to
function as architectural
projections into the setback areas.
This application requests two side yard variances:
1) Along the west, a 26-inch side yard variance to
allow a setback of 34 inches.
2) Along the east, a 46-inch side yard variance to
allow a setback of 14 inches.
This request for setback variances is submitted on behalf of the Aspen Townhouses East
Homeowners Association. Victoria Thomas is the President of the Homeowners Association.
BendonAdams is authorized to submit this application and represent the interests of Aspen
Townhouses East Aspen Homeowners Association before the City of Aspen. Architectural
plans are provided by S2 Architects; Joseph Spears, Principal. All plans should be considered
conceptual in nature and subject to modification prior to building permit submission.
We look forward to your review and will make ourselves available for any questions or concerns
you have. We can also arrange a site visit at your request.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Review criteria
2. Application form
3. Agreement to pay
4. HOA form
5. Authorization
6. Proof of ownership
7. Pre-App summary
8. Site improvement survey
9. Architectural plans
10. 1965 permit
11. Condo plat
31
Exhibit 1
Review Criteria
page 1
Response to Review Standards:
Section 26.314.040.A –
In order to authorize a variance from the dimensional requirements of Title 26, the appropriate
decision-making body shall make a finding that the following three (3) circumstances exist:
1. The grant of variance will be generally consistent with the
purposes, goals, objectives and policies of this Title and
the Municipal Code.
Response – Title 26 of the Municipal Code (known as the Land
Use Code) provides zoning limitations and development standards
for properties in the City of Aspen. The purpose of Title 26, stated
in 26.104.020 includes the analysis of various development factors
“and the legitimate rights and reasonable expectations of property
owners.”
The property is zoned for multi-family development and the owner
has a legitimate and reasonable expectation to be able to develop
according to the zoning limitations and according to the manner in which the buildings were
originally developed. Adding a third floor along the same vertical plane as the existing building is
consistent with the permitted building and is consistent with the purpose of the RMF Zone District.
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure.
Response – The application proposes to utilize the existing conditions of the property and not
further encroach into setbacks. The existing condition along the west side of the property is a 34-
inch setback. The existing condition along the east side of the property is a 14-inch setback.
These setback dimensions will remain and make for the minimum variance needed to make
possible the reasonable use of the parcel and of the buildings.
The applicant has taken special care to design the third floor of the building and modernize the
architectural projections to utilize the existing encroachment dimensions home within the zoning
requirements and to request setbacks which are the minimum necessary. The proposal is a
reasonable outcome and respectful of the neighborhood conditions. It will enable reasonable use
of the property. The applicant is intending to redevelop the property with a new home in
essentially the same position and orientation as the current home. Occasionally
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the Board
shall consider whether either of the following conditions apply:
32
Exhibit 1
Review Criteria
page 2
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant.
b) Granting the variance will not confer upon the applicant any special privilege
denied by the terms of this Title and the Municipal Code to other parcels,
buildings or structures, in the same zone district.
Response – Literal enforcement of the setbacks would disallow the third floor to utilize the existing
structure of the first and second floors. This would introduce significant structural complications
and be inconsistent with the manner in which the City originally permitted the structure.
Enabling the property to expand using conventional structural systems will enable the applicant
to enjoy development rights in-line with those of neighboring parcels in the RMF zone district.
33
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Lodge Pillows Free Market dwelling units
Essential Public Facility square footage
FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
BendonAdams
300 So. Spring St #202; Aspen, CO 81611
970.925.2855 chris@bendonadams.com
x
x
x
x
Have you included the following?
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage
Affordable Housing dwelling units
na
na na
na 11, existing
Request for west and east sideyard variances
Aspen Townhouses East Variance Request;
835 East Durant Avenue2737-182-58-802
Aspen Townhouses East Condominium Association
835 East Durant Avenue, Unit #1; Aspen, CO 81611
970.948.1341 tory@torythomas.net
4,425
Exhibit 2
34
Exhibit 3
35
Exhibit 4
36
Exhibit 5
37
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: Q62017717 Date: 11/20/2024
Property Address: 835 E DURANT AVE., ASPEN, CO 81611
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
ASPEN TOWNHOUSES EAST CONDOMINIUM
ASSOCIATION
Delivered via: No Commitment Delivery
Exhibit 6
38
Estimate of Title Fees
Order Number: Q62017717 Date: 11/20/2024
Property Address: 835 E DURANT AVE., ASPEN, CO 81611
Seller(s): ASPEN TOWNHOUSES "EAST" CONDOMINIUM ASSOCIATION, A COLORADO
NONPROFIT CORPORATION, AS REPRESENTATIVE FOR ALL OWNERS
Buyer(s):
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $279.00
TOTAL $279.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Pitkin county recorded 10/20/1965 at book 216 page 260
Plat Map(s):
Pitkin county recorded 10/25/1960 at book 3 page 49
Pitkin county recorded 07/09/1982 at book 13 page 70
39
Copyright 2006-2024 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
835 E DURANT AVE., ASPEN, CO 81611
1.Effective Date:
11/08/2024 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
ASPEN TOWNHOUSES "EAST" CONDOMINIUM ASSOCIATION, A COLORADO NONPROFIT CORPORATION,
AS REPRESENTATIVE FOR ALL OWNERS
5.The Land referred to in this Commitment is described as follows:
COMMON AREA,
ASPEN TOWNHOUSES "EAST" CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED
OCTOBER 20, 1965 IN PLAT BOOK 3 AT PAGE 49, AND FIRST AMENDMENT THERETO RECORDED JULY
9, 1982 IN PLAT BOOK 13 AT PAGE 70 AND AS FURTHER DEFINED AND DESCRIBED IN THE
CONDOMINIUM DECLARATION FOR ASPEN TOWNHOUSES "EAST" CONDOMINIUMS RECORDED
OCTOBER 20, 1965 IN BOOK 216 AT PAGE 260.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62017717
40
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62017717
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
41
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.ANY AND ALL MINERAL RIGHTS RETAINED IN INSTRUMENTS RECORDED MAY 29, 1891 IN BOOK 93 AT
PAGE 121, AND RECORDED APRIL 8, 1891 IN BOOK 98 AT PAGE 500, RECORDED JULY 15, 1891 IN
BOOK 105 AT PAGE 39 AND RECORDED FEBRUARY 18, 1894 IN BOOK 131 AT PAGE 81.
9.CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B)
RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS
CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 1965, IN BOOK 216 AT PAGE 260.
10.TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED OCTOBER 20, 1965 IN BOOK 216 AT
PAGE 269.
11.TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION RECORDED OCTOBER 20,
1965 IN BOOK 216 AT PAGE 276.
12.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON THE PLAT OF SUBJECT PROPERTY
RECORDED OCTOBER 25, 1960 IN PLAT BOOK 3 AT PAGE 49 AND RECORDED JULY 9, 1982 IN PLAT
BOOK 13 AT PAGE 70.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT GRANTED TO COMCAST OF
COLORADO/FLORIDA INC. RECORDED AUGUST 4, 2011 AS RECEPTION NO. 581671.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62017717
42
14.ANY AND ALL INTERESTS OF THE OWNERS OF INDIVIDUAL CONDOMINIUM UNITS, DEEDS OF TRUST,
MORTGAGES, LIENS, JUDGMENTS, OR ANY OTHER OUTSTANDING OBLIGATIONS ASSOCIATED WITH
THE INDIVIDUAL UNIT OWNERSHIP OF THE ASPEN TOWNHOUSES EAST CONDOMINIUM
ASSOCIATION.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62017717
43
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
44
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
45
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
46
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
47
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
48
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
49
PRE-APPLICATION CONFERENCE SUMMARY
PRE-24-118
DATE: December 2nd, 2024
PLANNER: Sophie Varga, sophie.varga@aspen.gov, 970-429-2778
PROJECT NAME AND ADDRESS: 835 East Durant Avenue – Setback Variance
PARCEL ID #: 273718258802
REPRESENTATIVE: Chris Bendon, chris@bendonadams.com
DESCRIPTION: The subject site is located in the Residential Multi-Family (RMF) Zone District and
is developed with a multi-family residence. The existing structure projects into the setback. The
applicant proposes to add a second floor, in line with the floor below. A setback variance is required.
The applicant has represented that the addition will comply with underlying height and floor area
regulations. The development in the setback requires a Dimensional Variance before the Board of
Adjustment.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.314 Variances
26.575.020 Calculations and Measurements
26.710.090 Residential Multi-Family (RMF)
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REQUIRED LAND USE REVIEW(S):
•Dimensional Variance
REVIEW BY:
•Staff for determination of complete application and recommendation
•Board of Adjustment for decision
PUBLIC HEARING:
•Yes, Board of Adjustment
PLANNING FEES:
$1,950 for 6 billable hours of staff time (additional/lesser hours will be billed/refunded at a
rate of $325.00 per hour)
REFERRAL AGENCY FEES
$975.00 – Parks Flat Fee
$1,500 – Engineering Flat Fee
Exhibit 7
50
TOTAL DEPOSIT:
$4,425.00
APPLICATION CHECKLIST:
Please email the following as a single PDF to CDEHAdmins@aspen.gov. Please include PRE-
24-118 in the subject line.
Completed Land Use Application, including signed fee agreement and HOA Compliance
Form.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner’s right to apply for the Development Application.
Applicant’s name, address and telephone number in a letter signed by the applicant that
states the name, address and telephone number of the representative authorized to act
on behalf of the applicant.
A vicinity map locating the parcel within the City of Aspen.
Site improvement survey (no older than a year from submittal) including topography and
vegetation showing the current status of the parcel, certified by a registered land surveyor,
licensed in the state of Colorado.
A written description of the proposal and an explanation in written, graphic, or model form
of how the proposed development complies with the review standards relevant to the
development application and relevant land use approval associated with the property. This
should include existing and proposed site plans, floor plans, and any other necessary
depictions of the proposed project.
Written responses to all review criteria outlined in Land Use Code Section 26.314.040.
Once the application is deemed complete by staff, the following will then need to be
submitted:
Total deposit for review of the application.
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.
51
Exhibit 8
52
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
UP
UP
DN
UP
UP
UP
UP
UPUP
UP
UP
UP
UP
UP
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
ENTRY ENTRY
BEDROOM OFFICE
BEDROOM
CLOSET
BEDROOM
BATH
BATH
MECH
BEDROOM BEDROOM
BEDROOM BEDROOM
MECH MECH
ENTRY ENTRY ENTRY ENTRY
BEDROOM BEDROOM
BEDROOM BEDROOM
CLOSET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
BATH BATH
PROPERTY LINE
BUILDING SETBACK
ENTRY PATIO ENTRY PATIO ENTRY PATIO
BEDROOM BEDROOM
ENTRY
ENTRY
BATH
BATH
BEDROOM BEDROOM
EN
T
R
Y
P
O
R
C
H
PARKING AREA
LAWN
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UN
I
T
7
UN
I
T
8
UN
I
T
9
UN
I
T
1
0
UN
I
T
1
1
ENTRY
ENTRY
ENTRY
BEDROOM BEDROOM
CLOSET
BATH
BEDROOM BEDROOM
MECH
BEDROOM BEDROOM
BATH
BATH
OVERHEAD
OVERHEAD
OVERHEAD
OV
E
R
H
E
A
D
DURANT STREET
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.1
MAIN LEVEL FLOOR
PLAN -
EXISTING/DEMO
07.24.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
MAIN LEVEL - EXISTING/DEMO1 53
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
UP
DN
DN
DN
DN
DN
DN
DN
DN DN
DN
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
S
W
E
N
D
S
T
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
BEDROOM BEDROOM
BATHBATH
KITCHEN KITCHEN
LIVING
FP
FP
LIVING
DECK DECK DECK DECK DECK DECK
BEDROOM BEDROOM BEDROOM
KITCHEN KITCHEN
KITCHEN
KITCHEN
FP
FP FP FP
BATH BATH
LIVING LIVING
BATH
BATH
LIVING
LIVING
KITCHEN
KITCHEN
BATH
BATH
LIVING
KITCHEN
BATH
BEDROOM
BEDROOM
BATH
BATH
BEDROOM
KITCHEN
KITCHEN
LIVING
LIVING
DECK
DECK
DECK
DECK
DECK
LIVING LIVING
REF
REF
REF
REF
REF
REF
REF
REF
REF
REF
REF
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.2
UPPER LEVEL
FLOOR PLAN -
EXISTING/DEMO
07.24.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
SECOND LEVEL - EXISTING/DEMO1 54
7 9 4 5
7 9 4 6
7 9 47
7 948
7
9
4
6
7946
7 9 4 8
7 947
7948
7 9 4 6
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
TUB
BEDROOM
SKY LIGHT
SKY LIGHT
SKY LIGHTSKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SKY LIGHT
SKY LIGHT
SKY LIGHT
DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOW DECK BELOW
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.3
THIRD/ROOF FLOOR
PLAN -
EXISTING/DEMO
07.24.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
THIRD/ROOF LEVEL - EXISTING/DEMO1 55
7
9
4
5
7 9 4 5
7 9 4 6
7 9 47
7 948
7
9
4
47946
7 9 4 8
7 947
7948
7 9 4 6
DN
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
MECH MECH MECH
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
PROPERTY LINE
BUILDING SETBACK
ENTRY PATIO ENTRY PATIO ENTRY PATIO
EN
T
R
Y
P
O
R
C
H
PARKING AREA
LAWN
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
MECH
OVERHEAD
OVERHEAD
OVERHEAD
OV
E
R
H
E
A
D
DURANT STREET
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.1
MAIN LEVEL FLOOR
PLAN - PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
MAIN LEVEL - EXISTING/DEMO1 56
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
S
W
E
N
D
S
T
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
DECK DECK DECK DECK DECK DECK
FP
DECK
DECK
DECK
DECK
DECK
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.2
UPPER LEVEL
FLOOR PLAN -
PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
SECOND LEVEL - EXISTING/DEMO1 57
7 9 4 5
7 9 4 6
7 9 47
7 948
7946
7 9 4 8
7 947
7948
7 9 4 6
GENERAL NOTES -PLANS
100'-0" = XXXX.XX'
1. GRID LINES AND DIMENSIONS ARE
TO EXTERIOR FACE OF STUD
AND/OR FACE OF CONCRETE
U.N.O. DOOR AND WINDOW
OPENINGS ARE DIMENSIONED AS
ROUGH OPENINGS.
2. REFER TO A6 SERIES FOR
BUILDING ASSEMBLIES
3. FLOOR ELEVATION CALLOUTS
INDICATE FINISH FLOOR
MATERIAL HEIGHT U.N.O.
4. DOOR CALLOUTS ARE ON PLAN
AND ELEVATION ONLY
5. SEE ENLARGED STAIR PLANS FOR
RISE AND RUN INFORMATION
6. REFER TO BUILDING ASSEMBLIES
FOR THERMAL INSULATION
REQUIREMENTS
7. WINDOWS TO BE DELIVERED
W/NFRC STICKERS
8. REFER TO MECH PLANS FOR
SNOWMELT AND PIPING
INFORMATION
9. REFER TO MECH DRAWINGS FOR
ALL VENTILATION SYSTEMS
10. ALL GLASS SHOWER
ENCLOSURES TO BE 1/2"
TEMPERED GLASS AND SHALL
MEET IRC SECTION R308.4
REQUIREMENTS.
11. CARBON MONOXIDE AND SMOKE
DETECTORS INDICATED ON
RCP'S.
12. FLOOR MATERIAL TRANSITIONS
SHALL OCCUR DIRECTLY UNDER
THE CENTERLINE OF THE DOOR
LEAF.
8
6
5
4
3
F G H J KEDCBA
2
1
7
PROPERTY LINE
BUILDING SETBACK
PARKING AREA
LAWN
DURANT STREET
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
SETBACK
5' - 0"
S
W
E
N
D
S
T
A3.0
1
A3.1 1
A3.0
2
A3.12
A3.1 3
A3.14
16' - 2"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"15' - 10 1/4"16' - 2"
16
'
-
5
3
/
4
"
16
'
-
5
3
/
4
"
7' - 0"25' - 8"
15
'
-
1
0
3
/
4
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
0
"
15
'
-
1
1
3
/
4
"
SKY LIGHT
SKY LIGHT
SKY LIGHT SKY LIGHT
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SK
Y
L
I
G
H
T
SKY LIGHT
SKY LIGHT
DECK BELOW
DECK BELOW DECK BELOW
DECK BELOW
DECK BELOW
DE
C
K
DE
C
K
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
DE
C
K
B
E
L
O
W
SKY LIGHT SKY LIGHT
DECK BELOW
UNIT 1 UNIT 3 UNIT 5 UNIT 6
ROOFROOF
UNIT 9
UNIT 10
ROOF
ROOF
SECTION 2
SECTION 1
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA2.3
THIRD/ROOF FLOOR
PLAN - PROPOSED
09.26.2024
AT
E
R
E
M
O
D
E
L
83
5
E
D
U
R
A
N
T
3/16" = 1'-0"
THIRD/ROOF LEVEL - EXISTING/DEMO1 58
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED THIRD LEVEL
7'
-
1
1
"
7'
-
1
1
"
8'
-
6
"
3'
-
1
0
"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
2' - 1"
7'
-
1
1
"
7'
-
1
1
"
3'
-
1
0
"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
SE
T
B
A
C
K
L
I
N
E
2' - 2"
5' - 0"
PR
O
P
E
R
T
Y
L
I
N
E
2' - 2"
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
EXISTING UPPER LEVEL
EXISTING MAIN LEVEL
EXISTING CRAWLSPACE
PROPOSED UPPER LEVEL
7'
-
1
0
"
7'
-
1
0
"
4'
-
6
"
4'
-
6
"
7'
-
1
0
"
7'
-
1
0
"
7'
-
6
"
SE
T
B
A
C
K
L
I
N
E
ADDITIVE PROPOSED ELEMENT IN THE
SETBACK TO SQUARE OFF THE EXISTING
MANSARD AND GABLE ROOF, IN THE SAME
PLANE AS GLABLE & BUMPOUT ALREADY
PROJECTS. WE PROPOSE TO KEEP THE
BUMPOUT AND GABLE FRAMING INTACT
AND INSTALL ADDATIVE FRAMING TO FLUSH
EVERYTHING OUT.
NEW THIRD FLOOR PROPOSED TO
STACK WITH EXTERIOR WALLS
BELOW TO MAKE STRUCTURE
EFFICIENT AND LIMIT DEMO OF
EXISTING FRAMING
EXISTING GABLE ROOF
PROJECTION INTO
SETBACK
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
ADDITIVE PROPOSED
ELEMENT IN THE
SETBACK TO SQUARE
OFF THE EXISTING
MANSARD, IN THE
SAME PLANE AS
MANSARD ALREADY
PROJECTS
NEW THIRD FLOOR
PROPOSED TO STACK
WITH EXTERIOR
WALLS BELOW TO
MAKE STRUCTURE
EFFICIENT AND LIMIT
DEMO OF EXISTING
WITHIN SETBACK AT
SECTION LINE
2' - 2"
EXISTING MANSARD
PROJECTION INTO THE
SETBACK AT SECTION
LINE NOTE:
(PROJECTIONS ARE
ALLOWED UP TO 1'-6"
INTO THE SETBACK
WITHOUT APPROVAL)
3' - 2"
3' - 0"
3' - 3"
EXISTING WALL
BUMPOUT INT
SETBACK
DRAWING DATE:
215 S. MONARCH SUITE G-102
ASPEN, COLORADO 81611
p I 970.544.4856 f I 970.544.4856
ISSUE
DATE ISSUE NAMENOT FOR CONSTRUCTIONA9.2
SECTION DIAGRAMS
12.10.2024
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SECTION 1 SECTION 2
EXISTING PROPOSED
EXISTING PHOTOS PROPOSED RENDERING
Exhibit 9
59
Exhibit 10
60
61
62
63
64
65
66
67
68
69
Exhibit 11
70
71
72
73