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Home My WebLink Aboutagenda.apz.20251203AGENDA ASPEN PLANNING & ZONING COMMISSION December 3, 2025 4:30 PM, Council Chambers 3rd Floor, 427 Rio Grande Pl, Aspen I.ROLL CALL II.COMMENTS III.MINUTES IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS V.A Resolution #__, Series of 2025 | 150 North 8th Street - Major Subdivision Amendment, Floor Area Variance, Amendment to a City Council Ordinance V.B Continued Hearing for 844 Roaring Fork Road - Request for Special Review - Continuing a Non-Conforming Structure, Hallam Lake Bluff Review, and Stream Margin Special Review -Top of Slope Determination VI.OTHER BUSINESS 150 N 8th Street_Draft Memo_PZ_w Exhibit A.pdf 150 N 8th Street_Draft PZ Resolution #__ Series of 2025.pdf 150 N 8th Street_Exhibit B_Review Criteria Staff Responses.pdf 150 N 8th Street_Exhibit C_Land Use Application 30-JUNE-25.pdf Staff Memo_844 Roaring Fork Road.pdf Resolution #XX Series of 2025_844 Roaring Fork Road.pdf Exhibit A Addendum_Application.pdf Exhibit A_Application.pdf Exhibit B_Hallam Lake Bluff Review Criteria.pdf Exhibit C_Non-Conformities Review Criteria.pdf Exhibit D_Special Review Criteria Non-Conformities .pdf Exhibit E_Special Review Criteria Top of Slope.pdf Exhibit F_Land Use Code Interpretation (Non-conformities).pdf Exhibit G_Land Use Code Interpretation (Non-conformities and Hallam Lake Bluff).pdf 1 1 VII.BOARD REPORTS VIII.ADJOURN TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 2 Page 1 of 10 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Jeffrey Barnhill, AICP, Principal Planner THRU: Daniel Folke, AICP, Planning Director RE: 150 North 8th Street Major Amendment to a Subdivision, Amendment to a City Council Ordinance, Growth Management Quota System, Floor Area Variance, and Related Reviews Public Hearing – for consideration of a recommendation MEETING DATE: Wednesday, December 3rd, 2025 Applicant: William and Lisa Guth, 150 N. 8th Street, Aspen, CO 81611 Representative: Patrick Rawley, Rawley Design Planning Location: 150 North 8th Street Current Zoning: Residential Multi-Family (R/MF) Summary: The Applicant requests a Major Amendment to a Subdivision (2-step review), Amendment to a City Council Ordinance, Growth Management Review, Floor Area Variance, and Related Reviews. This request would further expand the non-conforming net leasable area for this unit by developing the existing crawlspace into new livable space. This proposal would expand the net livable space to 4,471.82 square feet. The maximum net livable square footage for a unit in the Residential Multi-family zone district is 2,000 square feet. The proposal adds net livable area to the basement and will bring this unit further out of compliance with the zone district. Staff Recommendation: Staff strongly recommend denial of the proposed project for three reasons: (1) approval would bring the unit further out of conformance with the zone district. (2) Granting of the variance would confer special privilege to this property denied to other properties in the same zone district. (3) There is no demonstrated hardship on the property, the owners enjoy more development rights than are enjoyed by others in the same zone district. Figure 1. Location of Project 3 Page 2 of 10 REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant proposes enlarging the existing crawl space to become new livable area. This would increase the net livable area of the unit by 1,000 square feet (SF) from existing conditions. The subject unit is already above the maximum cap on net livable space for a multi -family unit in the Residential Multi-family (R/MF) Zone District as a result of a 2012 Ordinance. The Community Development Director has determined that this application qualifies for Major Amendment to a Subdivision, triggering a two-step approval process: (1) a recommendation from the Planning and Zoning Commission (2) a final decision from City Council. The Applicant requests the following recommendations of approval from P&Z. Pending a recommendation, the application will be reviewed for a final decision from City Council. ❖ Major Amendment to a Subdivision (Land Use Code Section 26.480) The existing duplex on the site was converted to multi-family in 2012, pursuant to Planning and Zoning Commission Resolution No. 9, Series of 2012 and City Council Ordinance #20, Series of 2012. These approvals capped the maximum unit square footage of net livable area for the unit at 2,952 SF which was above the 2,000 allowable at the time. The applicant proposes to amend Council Ordinance #20, Series of 2012 to allow for even greater net livable area for the unit. The Community Development Director finds that the amendment request is inconsistent with the original approval or represents a substantive change to the allowances and limitations of this subdivision. As such, the amendment is subject to review as a new subdivision pursuant to the procedures and requirements of this Chapter. The subdivision and the following reviews are a combined review to the Planning and Zoning Commission for a recommendation with a final decision from City Council. ❖ Variances to Floor Area (Land Use Code Section 26.445.050) Variances to allowable FAR or height are reviewed by City Council. In this instance, the applicant proposes a variance to the allowable net livable area maximum square footage on the site. This triggers a City Council variance review. ❖ Growth Management Quota System Review (Land Use Code Section 26.470) The applicant proposes expanding the unit into an existing crawl space on site. The new square footage, if approved, would be subject to Growth Management Quota System Affordable Housing mitigation requirements and other applicable impact fees. BACKGROUND: Prior to 2012, 831/833 West Bleeker Street contained an existing duplex on a 9,000 square foot lot in the Residential Multi-Family (RMF) zone district. Unit A contained 3,157 SF of net livable area. Unit B contained approximately 657 SF of net livable area. In 2012, the owner at the time requested the development of a voluntary affordable housing unit on the site, creating a third unit. The proposal consisted of reducing the size of Unit A to 2,952 SF of net livable area, expanding Unit B by 741 SF of net livable area, and creating a 401 SF Category 4 deed restricted affordable housing unit. This remains a permitted use in the RMF zone district; however, the issue was that Unit A (eventually addressed as 150 N 8th Street) was above the allowable net livable area for the RMF zone district. The applicant’s argument at the time was that because it was existing development that it would be unreasonable to reduce Unit A by more than they were able (2,952 SF of net livable). The applicant stated that if they couldn’t get the net livable area variance that they would not be able to do the project. The applicant portrayed to the Planning and Zoning Commission that this wasn’t a variance to increase square footage, but to acknowledge an existing condition. Staff recommended denial of the proposal because it would create a non-conforming situation 4 Page 3 of 10 (Planning and Zoning Commission Meeting Minutes, May 01, 2012). This put the Planning & Zoning Commission and City Council in a difficult position between creating an affordable housing unit and a legally established non -conformity or not creating an affordable housing unit. At the time of the proposal, the Planning and Zoning Commission was willing to negotiate with the applicant so that an affordable housing unit could be built. Figure 2: Excerpt from staff memo for P&Z meeting on May 01, 2012 The proposal was approved by the Planning and Zoning Commission via P&Z Resolution No. 9, Series of 2012 and further affirmed by Council Ordinance #20, Series of 2012 . This approval established the Category 2 affordable housing unit and allowed Unit A to exceed the net livable maximum through a variance to the net livable area maximum. The Resolution states that “…the Planning and Zoning Commission hereby approved one u nit to be no greater than 2,952 sq. ft. of net livable area. All other units shall meet the maximum unit size cap of the underlying zone district.” The current applicant wishes to further increase the net livable area of the unit from 2,952 SF to 4,471.82 SF of net livable area. This is more than twice the maximum amount of net livable space for a unit in the residential multi-family zone district. Because the unit cap was included in the subdivision approvals, the Community Development Director determined that any changes to that language would necessitate a Major Amendment to the Subdivision. PROJECT SUMMARY: The existing unit contains 3,471.9 sq. ft. of net livable area. This is different from the approved net livable area in 2012, 2,952 sq. ft. This is due to discrepancies in calculation methodology. In reality, little to nothing has changed since the 2012 approvals. The proposed net livable area would be 4,471.82 sq. ft. of net livable area. The proposal involves expanding the lower level into the existing crawlspace to create livable area in the basement. It would also create a new mechanical area in the already existing crawlspace. Figure 3: Net Livable Area Dimensions R/MF Zone District maximum multi-family unit size Existing net livable area as measured in 2012 Existing net livable area as measured today Proposed net livable area 2,000 sq. ft. of net livable area 2,952 sq. ft. of net livable area 3,471.90 sq. ft. of net livable area 4,471.82 sq. ft. of net livable area 5 Page 4 of 10 Figure 4: Existing Lower-Level Net Livable Area Figure 5: Proposed Lower-Level Net Livable Area 734 square feet of net livable area 1,734 square feet of net livable area 6 Page 5 of 10 STAFF COMMENTS: Variance to Net Livable Area The proposal represents disregard for the City of Aspen purposes, goals, objectives, and land use regulations of this Title and the Municipal Code. The purpose of Title 26 - Land Use Regulations is to: “Promote and protect the health, safety, and welfare of the citizens and City through the establishment and enforcement of comprehensive, efficient, clear and consistent standards, regulations and procedures for the planning, evaluation, approval and implem entation of land uses and development within the City. In furtherance of this purpose, all development and uses of land shall be analyzed within the context of its impact on the historic, architectural, aesthetic and natural environmental character of the City, the City’s economic and infrastructure needs and capacities and the legitimate rights and reasonable expectations of property owners.” The Land Use Regulations are the result of decades of community planning where rules and regulations were established by the community and eventually adopted by City Council. They provide for the clear and consistent regulations that we utilize today. The property is located in the Residential Multi -family (RMF) zone district. This zone district has limitations on the net livable area for multi -family units of 2,000 SF. The maximum unit cap for properties in the R/MF zone district was established to ensure that properties benefitting from additional density, height, and floor area allowances granted to multi -family properties were not being utilized to focus additional development allowances to simply make larger units . In 2012, the property requested the ability to go from a duplex use to multi-family use with the creation of an affordable housing unit. This approval established the Category 2 affordable housing unit and allowed Unit A to exceed the net livable maximum through a variance to the net livable area maximum. The Resolution states tha t “…the Planning and Zoning Commission hereby approved one unit to be no greater than 2,952 sq. ft. of net livable area. All other units shall meet the maximum unit size cap of the underlying zone district.” This was further affirmed by City Council Ordina nce No. 20, Series of 2012. The current applicant wishes to further increase the net livable area of the unit from 2,952 square feet to 4,471.82 square feet of net livable area. This would be more than twice the maximum amount of net livable space allowed for all other units in the residential multi -family zone district. Additionally, this unit is currently a legally established non -conformity. The purpose statement (Section 26.312.010) of the Nonconformities chapter states: “Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The pur pose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the i ntegrity of 7 Page 6 of 10 the zone districts and the other provisions of this Title but should not be construed as an abatement provision.” Again, this project would enlarge and expand the non -conformity on site by increasing the amount of net livable area over the existing net livable area that was allowed by the original variance in 2012. Increasing the non -conformity on the site would allow the nonconformities to be enlarged or expanded, in direct conflict with these standards. The Planning and Zoning Commission and City Council decided that the granting of the original variance was the minimum variance that would make possible the reasonable use of the unit in 2012. This was within the context of the addition of an affordable dwelling unit. Staff find that the grant of the subject variance would not be the minimum variance that would make possible the reasonable use of the unit as evidenced by the unit’s occupancy since 2013. Additionally, reasonable use of the unit has been established with the occupancy of the 2,952 square foot unit where 2,000 SF are permitted. Should the Planning and Zoning Commission determine the current intensity allowed within the R/MF zone does not accommodate reasonable use, they should initiate a code amendment for the zone district allowances so that all owners in the zone district can benefit. The unit in question has enjoyed 952 sq. ft. of net livable area above what other units in the same zone district are allowed. The original variance was part of a redevelopment effort that allowed multi-family units on site with the creation of an affordable housing unit. Any further granting of a variance on site would be more than the minimum variance needed to make possible the reasonable use of the parcel, building, or structure. The criteria for receiving a variance are strict . A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance . In situations where all, or 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 compare d with owners of similar properties, have been deprived. In considering these criteria, the Planning and Zoning Commission and City Council must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. Staff want to be noticeably clear on this issue and will take this stance if there are similar projects proposed in the City of Aspen. There is absolutely no hardship on the applicant that requires this variance. The property owner already enjoys rights that are not commonly enjoyed by other property owners in the same zone district. There are no special conditions or circumstances which are unique to the parcel, building, or structure which are not applicable to other parcels, structures, or buildings in the same zone district. Other properties in the zone district are developed with multi-family housing units. The applicant team is trying to introduce a concept that because there is not enough living space the applicant has been deprived of rights commonly enjoyed by other property owners in the same zone district. These reasons lead staff to believe that the granting of this variance would confer special privilege to this property that would be denied by the terms of this Title and the Municipal Code to other parcels, buildings, or structures in the same zone district. As stated previously, if the current R/MF zone does not provide sufficient floor area, the Planning and Zoning Commission should initiate a code amendment to amend the zone district so that all owners can benefit. 8 Page 7 of 10 The applicant team asserts that it is common sense to allow this project to further exceed the established thresholds in the Land Use Code : “The Applicants strongly believe that these types of common -sense variances for expansions that have little to no impact on the community should be granted to others attempting to maintain their primary residence in the City of Aspen.” Staff could not disagree more strongly with this argument. Maximum unit size (net livable area) is a long -established dimension in this and several other zone districts. Waiving away important provisions in the Land Use Code and disregarding the plain language i n Ordinance #20, Series of 2012 would set a very problematic precedent. In staff’s view, an approval of this request would raise serious questions about the City’s ability to consistently regulate our built environment in application of the Land Use Code a nd enforce previously established site -specific approvals. While it is true the proposed basement expansion will not have a visual impact, expansion of living areas require additional community resources and contribute to the extreme property values that exist in Aspen. Major Amendment to a Subdivision The proposal violates the Subdivision Review Standards – 26.480.040.(d) and 26.480.070.(a).(1). The General subdivision review standards – Existing Structures, Uses, and Non-Conformities (26.480.040.[d]) states that a subdivision shall not create or increase the non-conformity of a use, structure, or parcel. Because a Major Subdivision Amendment is subject to review as a new subdivision, the proposal would increase the non-conformity on the parcel by allowing more net livable area above the maximum allowed. The applicant team states that this is in conformance with and a further development of the previously approved variances for additional net livable space while disregarding why the original variance was granted in the first place. This analysis does not consider the community benefit that was realized with the previous approval that included the creation of an affordable dwelling unit and allowed existing occupied space to remain. The Major Subdivision Section 26.480.070.(a).(1) requires that the proposed subdivision complies with the requirements of the general review standards. As staff has conveyed, the project does not comply with 26.480.040.(d) – General subdivision review standards – Existing Structures, Uses, and Non-Conformities. Again, the proposal would further increase the non -conforming aspects of this multi-family unit. This is in direct contradiction with the language of this criterion. RECOMMENDATION Staff recommends the Planning and Zoning Commission (P&Z) adopt the attached resolution recommending denial of the request to increase the net livable area to develop the existing crawlspace into livable space. P&Z is asked to provide recommendation of approval, approval with conditions, or denial – based on the review criteria presented. P&Z also has discretion to formally forward any comments, suggestions, or proposed conditions as part of the recommendation to City Council, if desired. Any additions or amendments to the draft resolution should be specified within a motion for approving the Resolution and recommendation. PROPOSED MOTION Staff recommends denial of the request. If P&Z agrees with staff’s recommendation, the following motion can be made: I move to approve Resolution # XX, Series of 2025, recommending denial of the request for a Major Subdivision Amendment, Amendment to a Council Ordinance, 9 Page 8 of 10 Variance to Net Livable Area, and Growth Management Quota System Review subject to the stated conditions of approval. ATTACHMENTS: Resolution #___, Series of 2025 Exhibit A – Proposed Plans Exhibit B – Review Criteria Staff Responses Exhibit C – Application 10 Page 9 of 10 Exhibit A: Proposed Plans 11 Page 10 of 10 12 P&Z Resolution #__, Series of 2025 Page 1 of 3 RESOLUTION #__ (SERIES OF 2025) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING DENIAL OF A FLOOR AREA VARIANCE, MAJOR SUBDIVISION AMENDMENT, AND AMENDMENT TO A CITY COUNCIL ORDINANCE AT THE PROPERTY COMMONLY KNOWN AS 150 NORTH 8TH STREET, LEGALLY DESCRIBED AS, UNIT 150, SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS, ACCORDING TO AND SUBJECT TO THE CONDOMINIUM DECLARATION OF SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS RECORDED NOVEMBER 25, 2015 AS RECEPTION NO. 625122, FIRST AMENDMENT, RECORDED SEPTEMBER 10, 2018 AS RECEPTION NO. 650231, AND THE CONDOMINIUM MAP FOR SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS, FILED FOR RECORD NOVEMBER 25, 2015 IN PLAT BOOK 112 AT PAGE 93, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2735-123-81-001 WHEREAS, the Community Development Department received an application from William and Lisa Guth, 150 North 8th Street, Aspen, CO 81611 (Applicant), represented by Patrick Rawley, Rawley Design Planning requesting approval for the following land use review approvals: • Floor Area Variance • Major Subdivision Amendment • Amendment to City Council Ordinance No. 20, Series of 2012 WHEREAS, the property is located in the Residential Multi-family (R/MF) Zone District; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed, and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on November 5th, 2025; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal does not meet the applicable review criteria, and that denial of the request is consistent with the goals and objectives of the Land Use Code; and, 13 P&Z Resolution #__, Series of 2025 Page 2 of 3 WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #__, Series of 2025, by a ___ to ___ (__-__) vote, recommending denial of the request for a Floor Area Variance, Major Subdivision Amendment, and Amendment to a City Council Ordinance. NOW, THE CITY OF ASPEN PLANNING AND ZONING COMMISSION HEREBY RECOMMENDS TO ASPEN CITY COUNCIL DENIAL OF THE PROJECT. Section 1: Net Livable Area Maximum for 150 N. 8th Street The Planning and Zoning Commission recommends denial of the net livable area variance and recommends City Council uphold the maximum net livable area for this unit of 2,952 square feet as found in City Council Ordinance No. 20, Series of 2012. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. Section 3: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: Existing Litigation This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on November 5th, 2025. 14 P&Z Resolution #__, Series of 2025 Page 3 of 3 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ___________________________________ ________________________ Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair ATTEST: ____________________________ Tracy Terry, Deputy Clerk 15 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 1 of 7 Sec. 26.314.040. Standards applicable to variances. (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 Response: The proposal represents disregard for the City of Aspen purposes, goals, objectives, and land use regulations of this Title and the Municipal Code. The purpose of Title 26 - Land Use Regulations is to: Promote and protect the health, safety, and welfare of the citizens and City through the establishment and enforcement of comprehensive, efficient, clear and consistent standards, regulations and procedures for the planning, evaluation, approval and implementation of land uses and development within the City. In furtherance of this purpose, all development and uses of land shall be analyzed within the context of its impact on the historic, architectural, aesthetic and natural environmental character of the City, the City’s economic and infrastructure needs and capacities and the legitimate rights and reasonable expectations of property owners. The Land Use Regulations are the result of decades of community planning where rules and regulations were established by the community and eventually adopted by City Council. They provide for the clear and consistent regulations that we utilize today. The property is located in the Residential Multi-family (RMF) zone district. This zone district has limitations on the net livable area for multi-family units of 2,000 square feet. The maximum unit cap for properties in the R/MF zone district was established to ensure that properties benefitting from additional density, height, and floor area allowances granted to multi-family properties were not being utilized to focus additional development allowances to simply make larger units. In 2012, the property requested the ability to go from a duplex use to a multi-family use with the creation of an affordable housing unit. The proposal was eventually approved by the Planning and Zoning Commission via P&Z Resolution No. 9, Series of 2012. This approval established the Category 2 affordable housing unit and allowed Unit A to exceed the net livable maximum through a variance to the net livable area maximum. The Resolution states that “…the Planning and Zoning Commission hereby approved one unit to be no greater than 2,952 sq. ft. of net livable area. All other units shall meet the maximum unit size cap of the underlying zone district.” This was further affirmed by City Council Ordinance No. 20, Series of 2012. The current applicant wishes to further increase the net livable area of the unit from 2,952 square feet to 4,471.82 square feet of net livable area. This would be more than twice the maximum amount of net livable space for other units in the residential multi-family zone district. The proposal constitutes a Major Subdivision Amendment for the property. The proposal violates the Subdivision Review Standards. The General subdivision review standards – Existing Structures, Uses, and Non-Conformities (26.480.040.[d]) states that a subdivision shall not create or increase the non-conformity of a use, structure, or parcel. Because a Major Subdivision Amendment is subject to review as a new subdivision, the proposal would increase the non-conformity on the parcel by allowing more net livable area above the maximum allowed. The applicant team states that this is in conformance with and a further development of the 16 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 2 of 7 previously approved variances for additional net livable space while completely disregarding why the original variance was granted in the first place. When the property went from a duplex to multi-family property, with the creation of the affordable housing unit, the unit was already above the maximum allowed net livable. The applicant’s argument at the time was that because it was existing development that it would be unreasonable to reduce Unit A by more than they were able (2,952 sq. ft. of net livable). The applicant stated that if they couldn’t get the net livable area variance that they would not be able to do the project. The applicant portrayed to the Planning and Zoning Commission that this wasn’t a variance to increase square footage, but to acknowledge an existing condition. Staff at the time recommended denial of the proposal because it would create a non-conforming situation (Planning and Zoning Commission Meeting Minutes, May 01, 2012). This put P&Z and City Council in a tough position between creating an affordable housing unit and creating a legally established non-conformity or not creating an affordable housing unit. Planning and Zoning Commission didn’t feel that further demolition of the unit for the creation of the affordable housing unit was warranted or reasonable. This was essentially a trade-off for the affordable housing unit to be built on site and the site to go from single-family/duplex to multi- family. Additionally, this unit is currently a legally established non-conformity. The purpose statement (Section 26.312.010) of the Nonconformities chapter states: “Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision.” Again, this project would enlarge and expand the non-conformity on site by increasing the amount of net livable area over the existing net livable area that was allowed by the original variance in 2012. Increasing the non-conformity on the site would allow the nonconformities to be enlarged or expanded, in direct conflict with these standards. Staff finds that the grant of a variance for this project is not consistent with the purposes, goals, objectives and policies of this Title and Municipal Code. For the reasons listed above, staff finds this criterion to be not met. (2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Response: Against staff direction, the Planning and Zoning Commission and City Council decided that the granting of the original variance was the minimum variance that would make possible the reasonable use of the unit in 2012. Staff finds that the grant of this variance would not be the minimum variance that would make possible the reasonable use of the unit. This is because reasonable use of this unit has already been established with a family 17 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 3 of 7 living in the unit that is 2,952 square feet of net livable area (above the allowed 2,000 sq. ft. in the R/MF zone district) since around 2013. Staff would implore the applicant team to explain how a unit that is above the maximum allowable net livable area allowed to all other units in the R/MF zone district is not a reasonable use of the unit/property. Additionally, reasonable use of the property has been established with the multi-family housing complex that exists on site. The unit in question has enjoyed 952 sq. ft. of net livable area above what other units in the same zone district is allowed. The original variance was part of a redevelopment effort that allowed multi-family units on site with the creation of an affordable housing unit. Any further granting of a variance on site would be more than the minimum variance needed to make possible the reasonable use of the parcel, building, or structure. Staff finds this criterion to be not met. (3) Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or 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. Staff Response: The purpose statement in the General Provisions (26.104.020) section of the Land Use Code, and the general goal of dimensional requirements, are to establish and enforce clear and consistent regulations to regulate the impacts of development on the neighbors, environment, and community. The dimensional requirements are consistently applied to development in town, unless circumstances exist that prevent an applicant from complying, or literal interpretation of the code would cause hardship and the denial of reasonable use of the property. The criteria for receiving a variance are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or 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 Planning and Zoning Commission and City Council must consider unique conditions inherent to the property which are not the result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures. Staff wants to be very clear on this issue and will take this stance if there are similar projects proposed in the City of Aspen. There is absolutely no hardship on the applicant that requires this variance. The property owner already enjoys rights not commonly enjoyed by other property owners in the same zone district. There is merely inconvenience to the applicant if the 18 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 4 of 7 unit does not receive the net livable floor area variance. There are no special conditions or circumstances which are unique to the parcel, building, or structure which are not applicable to other parcels, structures or buildings in the same zone district. Other properties in the zone district are improved by multi-family housing units. The applicant team is trying to introduce a concept that because there is not enough living space the applicant has been deprived of rights commonly enjoyed by other property owners in the same zone district. These reasons lead staff to believe that the granting of this variance would confer special privilege to this property that would be denied by the terms of this Title and the Municipal Code to other parcels, buildings, or structures in the same zone district. The applicant team asserts that it is common sense to allow this project to further exceed the established thresholds in the Land Use Code. “The Applicants strongly believe that these types of common-sense variances for expansions that have little to no impact on the community should be granted to others attempting to maintain their primary residence in the City of Aspen.” If this were to be true, why not let everyone in the City of Aspen disregard the maximum allowances in the code? If simply not having enough space is cause for hardship, staff believes there will be hundreds of applications to go above and beyond the established thresholds in the code. Staff does not believe that this is common sense, it is simply the opinion of the applicant team. While staff is sympathetic to the issues presented, the applicants in this instance can utilize the already existing floor area and net livable area to remodel the space to provide enough room for their needs. There is no need to go further above what was granted in the original variance in 2012. It is staff’s belief that common sense dictates that the City of Aspen should apply the rules and regulations fairly to all community members. Staff finds these criteria to be not met. Sec. 26.480.090. Subdivision amendments. (a) Major Amendment. If the Community Development Director finds that the amendment request is inconsistent with the original approval or represents a substantive change to the allowances and limitations of a subdivision, the amendment shall be subject to review as a new subd ivision pursuant to the procedures and requirements of this Chapter. Staff Response: The unit cap restrictions were approved in both P&Z Resolution No. 9, Series of 2012, and in City Council Ordinance No. 20, Series of 2012. The unit cap was included in the Subdivision Approvals. Because of this, the City of Aspen Community Development Director determined that any changes to that language would necessitate a Major Amendment to the Subdivision. This amendment path requires that the project be subject to review as a new subdivision pursuant to the procedures and requirements of the Subdivision Chapter. Sec. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: (a) Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained und er private 19 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 5 of 7 ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: This criterion is not impacted by the proposed project. Staff finds this criterion not applicable. (b) Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Response: This criterion is not impacted by the proposed project. Staff finds this criterion not applicable. (c) Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circu mstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Response: The lot conforms with the requirements of the zone district currently when the original variance is included. If the variance were to be approved, then this criteria would be met. Staff recommends denial of the variance. Staff finds this criterion to be met if the variance is approved by City Council. (d) Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non- conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non - conforming nature of a use, structure, or parcel may be considered concurrently. Staff Response: The proposal violates the Subdivision Review Standards. The General subdivision review standards – Existing Structures, Uses, and Non-Conformities (26.480.040.[d]) states that a subdivision shall not create or increase the non -conformity of a use, structure, or parcel. Because a Major Subdivision Amendment is subject to review as a new subdivision, the proposal would increase the non-conformity on the parcel by allowing more net livable area above the maximum allowed. The applicant team states that this is in conformance with and a further development of the previously approved variances for additional net livable space while completely disregarding why the original variance was granted in the first place. When the property went from a duplex to multi-family property, with the creation of the affordable housing unit, the unit was already above the maximum allowed net livable. The applicant’s argument at the time was that because it was existing development that it would be unreasonable to reduce Unit A by more than they were able (2,952 sq. ft. of net livable). The applicant stated that if they couldn’t get the net livable area variance that they would not be able to do the project. The applicant portrayed to the Planning and Zoning Commission that this wasn’t a variance to increase square footage, but to acknowledge an existing condition. Staff at the time recommended denial of the proposal because it would create a non-conforming situation (Planning and Zoning Commission Meeting Minutes, May 01, 2012). This put P&Z and City Council in a tough position between creating an affordable housing unit and creating a legally established non-conformity or not creating an affordable housing unit. Planning and Zoning Commission didn’t feel that further demolition of the unit for the creation of the affordable housing unit was warranted or reasonable. This was essentially a trade-off for the 20 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 6 of 7 affordable housing unit to be built on site and the site to go from single-family/duplex to multi- family. Again, the proposal would further increase the non-conforming aspects of this mutlti-family unit. This is in direct contradiction with the language of this criterion. As such, staff finds this criterion to be not met. Sec. 26.480.070. Major subdivisions. The following subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission. Major subdivisions are subject to Section 26.480.030—Procedures for Review, the standards and limitations of Section 26.480.040—General Subdivision Review Standards, and the standards and limitations of each type of subdivision, described below. All subdivisions not defined as administrative or minor subdivisions shall be considered major subdivisions. (a) Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: (1) The proposed subdivision complies with the requirements of Section 26.480.040—General Subdivision Review Standards. As shown above, the project does not comply with General Subdivision Review Standard (d) Existing Structures, Uses, and Non-Conformities. Given this and the other criteria not met, staff cannot recommend approval on the proposed project. Staff finds this criterion to be not met. (2) The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. This criterion is not impacted by the proposed project. Staff finds this criterion not applicable. (3) The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. This criterion is not impacted by the proposed project. Staff finds this criterion not applicable. (4) The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 — Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490—Approval Documents. The proposed project already exists on land suitable for development. The proposal will not change this aspect of the project. The project will be required to comply with the Engineering Design Standards if approved. Staff finds this criterion to be met. (5) There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. 21 150 N 8th Street Major Subdivision Amendment & Variance Review Criteria Staff Findings Page 7 of 7 The project will be required to comply with the Engineering Design Standards and URMP if approved. Staff finds this criterion to be met. (6) The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. If the City finds that the project requires that public infrastructure and facilities necessary to serve the subdivision be upgraded, the improvements shall be at the sole cost of the developer. Staff finds this criterion to be met. (7) The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470—Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as app licable. The new area of the proposed project would be subject to calculation for Mitigation Floor Area according to the Land Use Code. Staff finds this criterion conditionally met and mitigation will be required at building permit. (8) The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. If School Land Dedication requirements are required, the applicant shall meet the criteria for the development. Staff finds this criterion conditionally met and (if applicable) mitigation will be required at building permit. (9) A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. A Subdivision Plat shall be reviewed and recorded at the Pitkin County Clerk and Recorder prior to development if approved. Staff finds this criterion to be conditionally met. (10) A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 —Approval Documents. A Development Agreement shall be reviewed and recorded at the Pitkin County Clerk and Recorder prior to development if approved. Staff finds this criterion to be conditionally met. 22 LAND USE APPLICATION William and Lisa Guth 150 N. Eighth Street Aspen, Colorado PID: 273512381001 3 July 2025 An application for Amendment to Council Ordinance, Major Amendment to a Subdivision, and Dimensional Variance. Represented by: 23 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 2 TABLE OF CONTENTS • Project Overview and Code Response • Attachment 1 – City of Aspen Community Development Department Land Use Application • Attachment 2 - Parcel Description and Vicinity Map • Attachment 3 - Improvement Survey • Attachment 4 –Documentation Evidencing Ownership • Attachment 5 – Architectural Plans • Attachment 6 – Condominium Declarations, Subdivision Agreement, and Previous Approvals • Attachment 7 - Letter of Authorization • Attachment 8 – City of Aspen Community Development Department Homeowner Association Compliance Form • Attachment 9 - Adjacent Property Owners within 300 feet • Attachment 10 - Pre-application Conference Summary 24 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 3 Project Overview William and Lisa Guth (collectively the “Applicants”) submit this land use application to expand the net livable square footage of their unit into an existing fully subgrade crawl space. The unit is located at 150 North Eighth Street, PID #: 273512381001 (the “Subject Unit”). This application is submitted in conformance with the Pre -application Conference Summary PRE-25-056, dated 21 April 2025. Property Overview The Subject Unit is located in the Residential Multi-Family (RMF) Zone District of the City of Aspen and is part of the Shadow Mountain View Townhomes Condominiums (the “Condominium”). The Condominium contains 9,000 SF of gross lot area and is bounded on the west by North Eighth Street, on the north by West Bleeker Street, on the east by existing affordable housing condominium buildings, and on the south by an alley and other affordable housing condominium buildings. The Condominium is a three-unit, multifamily condominium located on a corner lot. The Subject Unit is accessed via North Eighth Street, and the other two units are accessed off of West Bleeker Street. The Subject Unit contains 3,098 SF of floor area divided between a 2,190 SF main level, an upper level containing 726 SF, and a basement area that contributes approximately 82.36 SF of floor area (two egress window wells create subgrade exposure). An unfinished crawl space is located on the other side of a subgrade demising wall. A dimensional variance for the Subject Unit was granted by the City of Aspen Planning and Zoning Commission for 2,952 SF of net livable floor area, as recorded at Reception # 588893. Proposed Development The Applicants propose to expand the net livable area of the Subject Unit by 1,000 SF into the existing crawl space. This expansion would create 1,734 SF of net livable subgrade space for a larger laundry area, provide additional storage, and create flexible space for the family. The Applicants have young children, and the additional space is badly needed. Importantly for the Applicants, the additional space will allow the family to remain within the City of Aspen and continue to be part of the community in which they are very involved. These types of common-sense variances will support families living, working, and volunteering in the Aspen area and is a refinement of the original variance granted the Subject Unit for expanded net livable area. No additional windows would be added in the newly created subgrade area and the space will be made accessible from the existing basement space. As no additional egress window wells are required and due to the expansion of the subgrade area , the contributing floor area in the subgrade space will be decreased from 82 SF to 48 SF of floor area. Construction access can be accomplished from within the Subject Unit’s yard through an exterior subgrade wall. As such, impacts on neighbors would be minimal. The Applicants acknowledge that the expansion will require affordable housing mitigation and are willing to mitigate the expansion as permitted by the City’s land use code. 25 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 4 The Applicants look forward to working with the City of Aspen staff, the City of Aspen Planning and Zoning Commission, and the City Council in connection with the proposed development. 26 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 5 Land Use Code Response Chapter 26.104. - GENERAL PROVISION Sec. 26.104.100. - Definitions. Net livable area. The areas within a building designed to be used for habitation and human activity. (Also see Section 26.575.020, Calculations and Measurements.) The Applicants propose expanding the net livable space of the Subject Unit into an existing subgrade crawl space. The Applicants desire this expansion to provide more space for their family. The expansion will enable the family to remain within the City limits of Aspen, a community they are very involved in. Chapter 26.314. - VARIANCES Sec. 26.314.030. - Authorized variances. Variances may only be granted from the following requirements of this Title 26: (a) Dimensional requirements. The Applicants are requesting a variance on dimensional requirements. A dimensional variance for the Subject Unit was granted by the City of Aspen Planning and Zoning Commission for 2,952 SF of net livable floor area, as recorded at Reception # 588893. The Applicants are requesting to increase the net livable floor area of the Subject Unit by 1,000 SF that will result in 1,734 SF net livable basement space. The expanded net livable area will provide additional space for the Applicants and their family and is consistent with the prior variance, which recognized a need for additional net livable space. Sec. 26.314.040. - Standards applicable to variances. (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 The proposed expansion of net livable space in the Subject Unit will utilize an existing subgrade space. It will not alter the character of the existing structure, nor make the Subject Unit inconsistent with the intentions of the RMF zone district and residential development in the area. Specifically, the expansion of the net livable area will be consistent with the purpose of the RMF zone district which is to “provide for the use of land for intensive long - term residential purposes.” This is the Applicants’ only family home and the space is needed to accommodate their family's needs. (2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 27 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 6 The requested variance to expand the dimensional requirements is the minimum variance needed to support the family’s needs. The Applicants' family is growing and needs additional space. Requiring the Applicants to seek alternative properties with additional space is a hardship that can be avoided by allowing the expansion into already existing subgrade area . (3) Literal interpretation and enforcement of the terms and provisions of this Title would deprive the Applicants of rights commonly enjoyed by other parcels in the same zone district and would cause the Applicants 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: The literal interpretation and enforcement of the terms of the dimensional variance that was granted by the City of Aspen Planning and Zoning Commission for 2,952 SF of net livable floor area would place an avoidable hardship on the Applicants. The space for expansion already exists, and the expansion can be made with minimal disturbance to surrounding properties. There are limited opportunities for a local family to live in Aspen due to the high cost of purchasing other properties. Allowing the family to expand in a manner that is not readily apparent from the exterior is a very meaningful benefit and would support a local family that is deeply involved in the Aspen community. The expanded net livable area is consistent with the prior variance, which recognized a need for additional net livable space. 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 Applicants; or The special conditions and circumstances that are unique to the Subject Unit are that the proposed development will have little to no external impact on the building as all development will occur in an existing, subgrade area. No additional exterior modifications are required to be made to the Subject Unit that would alter the character of the existing structure, the subdivision, or the neighborhood. The expanded net livable area is consistent with the prior variance, which recognized a need for additional net livable space. b. Granting the variance will not confer upon the Applicants 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. The Planning and Zoning Commission has previously approved a variance for net livable area in the Subject Unit and the proposed expansion builds on this very meaningful benefit. The Applicants strongly believe that these types of common-sense variances for expansions that have little to no impact on the community should be granted to others attempting to maintain their primary residence in the City of Aspen. This will allow more families to stay in their existing 28 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 7 homes, will support greater community involvement, and ensure that the City maintains a vibrant local flavor. Chapter 26.480. - SUBDIVISION Sec. 26.480.040. - General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: (c) Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The request to expand the net livable area in the Subject Unit is in conformance with and a further development of the previously approved variances for additional net livable space. The entirely subgrade expansion will allow the Subject Unit to continue to conform with the surrounding development and the intent of the RMF zone district for intensive long-term residential purposes. (d) Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. Prior approval has allowed for the expansion of the home beyond the 2,000 SF allowance for the RMF zone district. The request to expand the net livable area in the Subject Unit is in conformance with and a further development of the previously approved variances for additional net livable space. Sec. 26.480.090. - Subdivision amendements. (a) Release of minimum-term lease deed restrictions. Upon request by the property owner, deed restrictions prohibiting short-term rentals imposed by the City Council as a condition of condominiumization approval (which was common practice prior to July 1, 1992) shall be voided by the Community Development D irector. The Director shall extinguish the City's interest in the restriction by issuance of a written decision notice in a recordable format acceptable to the property owner and the City Attorney. Not Applicable. (b) Insubstantial amendment. An insubstantial amendment to an approved subdivision or between adjacent subdivisions may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations which could not reasonab ly have been anticipated during the approval process or any other minor change to a subdivision which the Community Development Director finds has no substantial effect upon the subdivision or to the allowances and limitations of th e subdivision. Not Applicable. The Application has been deemed a Major Amendment. 29 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 8 (c) Minor amendment. An amendment to an approved subdivision found to be generally consistent with the original approval but which does not qualify for an insubstantial amendment may be approved, approved with conditions, or denied by the City Council. The amendment must either respond to issues raised during the original review or must address an issue that could not have been reasonably anticipated during the review. The City Council must find that the change is minor and that it is consistent with or an impr ovement to the approved subdivision. Notwithstanding the above, the City Council may find that an amendment request is substantial and should require review as a Major Amendment. Not Applicable. The Application has been deemed a Major Amendment. (d) Major Amendment. If the Community Development Director finds that the amendment request is inconsistent with the original approval or represents a substantive change to the allowances and limitations of a subdivision, the amendment shall be subject to review as a new subdivision pursuant to the procedures and requirements of this Chapter. The Application has been deemed a Major Amendment. The Planning and Zoning Commission has previously approved a variance for net livable area in the Subject Unit and the proposed expansion builds on this very meaningful benefit. The Applicants strongly believe that these types of common -sense variances for expansions that have little to no impact on the community should be granted to others attempting to maintain their primary residence in the City of Aspen. This will allow more families to stay in their existing homes, will support greater community involvement, and ensure that the City maintains a vibrant local flavor. Chapter 26.575. - MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sec. 26.575.020. - Calculations and Measurements. (h) Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area and net livable area shall be attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior areas which can be leased to an individual tenant with the exceptions noted below. Net livable area includes those areas of a b uilding that are used or intended to be used for habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. The architectural plans that have been made a part of this application include a sheet that depicts the existing and proposed net livable space of the Subject Unit. (1) Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of one hundred (100) square feet. Seasonal airlocks of more than ten (10) square feet, installed on the exterior of a building, sh all be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 30 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 9 Not applicable. No airlocks are proposed. (2) Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculatio n of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and exterior seating are not included in the calculation of net leasable area. Vending machines, gas pumps, and similar devices without an attendant shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude areas of a building that are integral to the basic physical function of the building. All other areas are attributed to the measurement of net leasable commercial space or net livable area. When calculating interior stairways or elevators, the top most interior level served by the stairway or elevator is exempt from net livable or net leasable area calculations. Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020(d)(14), Allocation of non -unit space in a mixed use building. No outdoor vending, or similar commercial activities, are proposed in or associated with the Subject Unit. Exterior decks and exterior seating have not been included in the calculation of existing or proposed net leasable. Other standards of measurement of net livable area have been maintained. Sec. 26.710.090. - Residential Multi-Family (RMF). (a) Purpose. The purpose of the Residential Multi -Family (RMF) Zone District is to provide for the use of land for intensive long-term residential purposes, Short-term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi -Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. The proposed expansion of net livable space in the Subject Unit will utilize an existing subgrade space. It will not alter the single-family character of the existing structure, nor make the Subject Unit inconsistent with the intentions of the RMF zone district and residential development in the area. Specifically, the expansion of the net livable area will be consistent with the purpose of the RMF zone district which is to “provide for the use of land for intensive long -term residential purposes.” This is the Applicants’ main residence and the space is needed to accommodate their family's needs. 31 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 10 (b) Permitted uses. The following uses are permitted as of right in the Residential Multi -Family (RMF) Zone District: (1) Detached residential dwelling. (2) Two (2) detached residential dwellings. (3) Duplex dwelling. (4) Multi-family dwellings. (5) Home occupations. (6) Accessory buildings and uses. (7) Dormitory. (8) Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. (9) For historic landmark properties: bed and breakfast. (10) Short-term Rentals. Pursuant to Chapter 26.530. The existing use of the Subject unit and the condominium will not be altered. Multi-family dwellings are a permitted use in the RMF zone district. (d) Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi -Family (RMF) Zone District: (1) Minimum Gross Lot Area (square feet): 6,000 For lots created by Section 26.480.030(a)(4), Historic landmark lot split: 3,000 For properties that include or are proposed for One Hundred (100) Percent Deed -Restricted Affordable Housing: 3,000 Existing parcel size, as provided by Pitkin County GIS, is 9,000 SF. Development has previously been approved on the existing parcel , and no modifications to parcel size are proposed. (2) Minimum Net Lot Area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For historic landmark properties: 3,000 b. Duplex dwelling unit: 4,500. For historic landmark properties: 3,000 c. Multi-family dwellings: No requirement. d. Bed and breakfast: No requirement. 32 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 11 The Shadow Mountain View Townhomes is a multi -family development consisting of three (3) units. (3) Minimum lot width (feet): 60. For lots created by Section 26.480.060(b), Historic landmark lot split: 30. For lots containing or proposed for One Hundred (100) Percent Deed - Restricted Affordable Housing: 30 The minimum lot width is met. No modifications to the lot width are proposed or required. (4) Minimum front yard setback (feet): a. Detached residential and duplex dwellings: Same as R -6 Zone District. b. Multi-family: 5 The minimum front yard setback is met. No modifications to the front yard setback are proposed or required. (5) Minimum side yard setback (feet): a. Detached residential and duplex dwellings: Same as R -6 Zone District. b. Multi-family: 5 The minimum side yard setback is met. No modifications to the side yard setback are proposed or required. (6) Minimum rear yard setback (feet): a. Detached residential and duplex dwellings: Same as R -6 Zone District. b. Multi-family: 5 The minimum rear yard setback is met. No modifications to the rear yard setback are proposed or required. (7) Maximum height (according to density) (feet): a. Detached residential and duplex dwellings: Same as R -6 Zone District. b. Multi-family - parcel density less than one (1) unit per one thousand five hundred (1,500) square feet of Gross Lot Area: 25 c. Multi-family - parcel density equal to or greater than one (1) unit per one thousand five hundred (1,500) square feet of Gross Lot Area: 32 The maximum height requirement is met. No modifications to the height of the Subject Unit are proposed or required. 33 William Guth and Lisa Guth Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance 3 July 2025 12 (8) Minimum distance between buildings on the lot (feet): a. Detached residential and duplex dwellings: Same as R -6 Zone District. b. Multi-family: No requirement. (Building and Fire Codes may apply.) Not applicable. (9) Public amenity space: Pursuant to Section 26.575.030. Not applicable. (10) Floor area ratio (FAR). This subsection applies to each type of use according to density and applies to conforming and nonconforming lots of record: a. Existing detached residential and duplex dwellings: one hundred (100) percent of the allowable floor area of an equivalent -sized lot located in the R -6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. b. New or replacement after demolition detached residential and duplex dwellings: eighty (80) percent of the allowable floor area of an equivalent -sized lot located in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable development rights shall not permit additional floor area for detached residential and duplex dwellings. c. Multi-family - parcel density of less than one (1) unit per one thousand five hundred (1,500) square feet of Gross Lot Area: 0.75:1. d. Multi-family - parcel density equal to or greater than one (1) unit per one thousand five hundred (1,500) square feet of Gross Lot Area: 1.25:1. e. Multi-family - parcel density equal to or greater than one (1) unit per seven hundred fifty (750) square feet of Gross Lot Area: 1.5:1. Floor area is would be reduced as a result of this requested variance for additional net livable area. (11) Maximum multi-family unit size (square feet): For properties in the Aspen infill area, two thousand (2,000) square feet of net livable area. For properties outside the Aspen infill area, two thousand five hundred (2,500) square feet of net livable area. a. The property owner may increase individual multi -family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 34 LAND USE APPLICATION PACKET Name: __________________________________________________________________________________ Location: ________________________________________________________________________________ _______________________________________________________________________________________ (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID #: ______________________________________________________________________________ PROJECT: Name: __________________________________________________________________________________ Address: ________________________________________________________________________________ Phone # : _______________________ E-mail: __________________________________________________ APPLICANT: Name: __________________________________________________________________________________ Address: ________________________________________________________________________________ Phone # : _______________________ E-mail: __________________________________________________ REPRESENTATIVE: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modiﬁcations, etc.) City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970)920-5000 LAND USE APPLICATION FORM 35 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970)920-5000 DIMENSIONAL REQUIREMENTS FORM LAND USE APPLICATION PACKET Project: __________________________________________________________________________________________ Applicant: ________________________________________________________________________________________ Project Location: ___________________________________________________________________________________ Zone District: _____________________________________________________________________________________ Lot Size: _________________________________________________________________________________________ Gross Lot Area:________________________________ Net Lot Area:_________________________________________ For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the deﬁnition of Lot Area in the Municipal Code. Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variations being requested): 36 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970)920-5000 DIMENSIONAL REQUIREMENTS FORM LAND USE APPLICATION PACKET Commercial net leaseable: Existing: _____________ Proposed: _____________ Number of Lodge Pillows: Existing: _____________ Proposed: _____________ Number of Lodge Units: Existing: _____________ Proposed: _____________ Number of residential units: Existing: _____________ Proposed: _____________ Number of Free-Market residential units: Existing: _____________ Proposed: _____________ Number of Aordable residential units: Existing: _____________ Proposed: _____________ Proposed % of demolition: ________________ % DIMENSIONS: Write N/A where no requirements exists in the zone district. Floor Area: Existing: _____________ Allowable: _____________ Proposed: _____________ Height Principal Building: Existing: _____________ Allowable: _____________ Proposed: _____________ Accessory Building: Existing:_____________ Allowable: _____________ Proposed: _____________ On-Site Parking: Existing: _____________ Allowable: _____________ Proposed: _____________ % Site Coverage: Existing: _____________ Allowable: _____________ Proposed: _____________ % Open Space: Existing: _____________ Allowable: _____________ Proposed: _____________ Front Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Rear Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Combined Front/Rear: Existing: _____________ Allowable: _____________ Proposed: _____________ Indicate N, S, E, W Side Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Side Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Combined Front/Rear: Existing: _____________ Allowable: _____________ Proposed: _____________ Distance between Buildings: Existing: _____________ Allowable: _____________ Proposed: _____________ 37 LAND USE APPLICATION PACKET TYPE OF APPLICATION ESA Review (Stream Margin, 8040 Greenline, View Plane, or Hallam Lake Blu) Non Conformities Pre-Development Topography Temporary Use Accessory Dwelling Unit/Carriage House Dimensional Variance Growth Management Review Outdoor Vending Planned Development Review Certiﬁcates of Aordable Housing Credit Establishment of Zoning or Rezoning Subdivision Review Condominiumization Approval Documents Special Review Wireless Facilities Residential Design Standard Review Conditional Use Review Historic Designation Certiﬁcate of Appropriateness Minor Historic Development Major Historic Development (select one below) Conceptual Development Final Development Relocation (temporary, on or o-site) Demolition (total demolition) Substantial Historic Preservation Amendment Historic Landmark Lot Split Establishment of Transferable Development Rights (TDRs) Other City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970)920-5000 HISTORIC PRESERVATION REVIEWS 38 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 AGREEMENT TO PAY APPLICATION FEES LAND USE APPLICATION PACKET An agreement between the City of Aspen (“City”) and Property Owner Name: _____________________________________________________________________________ Address of Property: _______________________________________________________________________________ Representative Name (If dierent from Property Owner): _________________________________________________________ Billing Name and Address - Send Bills to: ____________________________________________ ____________________________________________ ____________________________________________ Contact Email for Billing: ____________________________________________ Contact Phone for Billing: ____________________________________________ I understand that the City has adopted, via Ordinance No.40, Series of 2018, as may be amended, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possi- ble at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City sta to complete processing, review and presentation of sucient information to enable legally required ﬁndings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the speciﬁed hours of sta time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay addi- tional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereina$er stated. 39 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 AGREEMENT TO PAY APPLICATION FEES LAND USE APPLICATION PACKET For ﬂat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these ﬂat fees are non-refundable. Engineering Fee: $ __________ Parks Fee: $ __________ APCHA Fee: $ __________ Other Fee: $ __________ $_________ deposit for __________ hours of Community Development Department sta time. Additional time above the deposit amount will be billed at $325.00 per hour. $_________ deposit for __________ hours of Community Development Department sta time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: ____________________________________________ Ben Anderson, AICP Community Development Director Property Owner, or Representative Signature: ___________________________________ PRINT Name: ________________________________ Title: ________________________________________ City Use Fees Due: $ _____________________ Received: $ _____________________ Case # _________________________ 40 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 HOMEOWNER ASSOCIATION COMPLIANCE POLICY LAND USE APPLICATION PACKET All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certiﬁcation must be signed by the property owner or A%orney representing the property owner. Property Owner (“I”) Name: _______________________________________ Email: _______________________________________ Phone Number: ________________________________ Address of Property (Subject of Application): _____________________________________________ _____________________________________________ _____________________________________________ I certify as follows: (Select One) This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneﬁciary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneﬁciary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or eect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner Signature: __________________________________________ Date: _______________________ Printed Name: ____________________________________________ or, A%orney Signature: _________________________________________ Date: _______________________ A%orney Printed Name: _____________________________________ 41 Attachment 2 42 43 2,257 376.2 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0376.2188.08 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 1:50 PM 06/25/25 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond County Line Wilderness Area Peaks and Passes Town Boundary Federal Land Boundary BLM State of Colorado USFS 44 20" 9" 22" 3" 3" 3" 9" 4"4" 22"18"5" 30" 18" 21"21" 8" 9" 12" 11" 9" 5" 10" 12" 14" CANTILEVERED BUILDING TRENCH DRAIN ELEV: 7925.05 WINDOW WELL 21.5' 3. 4 ' 6 . 8 ' 13.9' 14.2' 18 . 9 ' 3.0' 8. 4 ' 3.0' 1. 2 ' 15.3' 29 . 5 ' 12.0'8. 7 ' 12.1' 5. 4 ' 22.5'5. 4 ' 11.8' 1. 6 ' 3.9' 43 . 0 ' 16.8' 11 . 6 ' 4 . 9 ' 3. 0 ' 3.3'3.0' 4 . 8 ' 5.2' 3. 4 ' MULTI-STORY WOOD FRAME CONDOMINIUMS 829 W. BLEEKER ST. 831 W. BLEEKER ST. 150 N. EIGHTH ST. 9,000 SQUARE FEET +/- 0.207 ACRES +/- SHED 8.1' 10 . 6 ' TRASH ENCLOSURE OWNER: BAVARIAN INN CONDO ASSOCIATION PARCEL No. 273512380801 OWNER: BAVARIAN INN CONDO ASSOCIATION PARCEL No. 273512380802 W. B L E E K E R S T R E E T 74.78' R I G H T O F W A Y PAVE D R O A D W A Y EDGE OF ASPHALT EDGE OF ASPHALT CONCRETE CURB & GUTTER CONCRETE CURB & GUTTER CON C R E T E V A L L E Y P A N GRAVEL GRAVEL GRAVEL N. E I G H T H S T R E E T 75 . 3 7 ' R I G H T O F W A Y PA V E D R O A D W A Y BLO C K 1 2 A L L E Y 20.39' R I G H T O F W A Y PAVE D R O A D W A Y GRAVEL WOO D D E C K WOO D D E C K 5/8" REBAR & 1 1/2" ALUMINUM CAP PLS 33645 SITE BENCHMARK ELEVATION: 7925.23' 5/8" REBAR & 1 1/2" ALUMINUM CAP PLS 33645 5/8" REBAR NO CAP 5.6' 22.1' CONCRETE/STONE WALL (TYPICAL) BRICK BRICK N1 4 ° 5 0 ' 4 9 " E 1 0 0 . 0 0 ' S75°0 9 ' 1 1 " E 9 0 . 0 0 ' N1 4 ° 5 0 ' 4 9 " E 1 0 0 . 0 0 ' S75°0 9 ' 1 1 " E 9 0 . 0 0 ' WOOD PRIVACY FENCE DRAIN ELEV: 7924.93' FLAGSTONE (TYPICAL) HOT TUB FLAGSTONE (TYPICAL) EDGE OF ASPHALT MAILBOX (TYPICAL) 1' X 25' REVOCABLE LICENSE AGREEMENT RECEPTION No. 448997 EXTERIOR UTILITY METER PANEL AREA EASEMENT RECEPTION No. 625122 5.5' EDGE OF GRAVEL (TYPICAL) - WATER VALVE LEGEND - ELECTRIC METER - SANITARY SEWER MANHOLE - GAS METER - SIGN - SINGLE POLE - TELEPHONE PEDESTAL - CONCRETE - FLAGSTONE - GRAVEL - FOUND MONUMENT AS DESCRIBED 10" 8"TYPICAL TREE SIZE LABELS INDICATES ONE TREE, 8"TRUNK (DBH) TYPICAL TREE SIZE LABELS INDICATES ONE TREE, 10"TRUNK (DBH) CONIFEROUS TREE DECIDUOUS TREE VICINITY MAP SCALE: 1 Inch = 2000 Feet H W Y . 8 2 ASPEN VICINITY MAP SCALE: 1 Inch = 2000 Feet SITE PROPERTY DESCRIPTION: SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS, ASPEN, COLORADO, ACCORDING TO AND SUBJECT TO THE CONDOMINIUM DECLARATION OF SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS RECORDED NOVEMBER 25, 2015 AS RECEPTION NO. 625122, FIRST AMENDMENT, RECORDED SEPTEMBER 10, 2018 AS RECEPTION NO. 650231, AND THE CONDOMINIUM MAP FOR SHADOW MOUNTAIN VIEW TOWN HOMES CONDOMINIUMS, FILED FOR RECORD NOVEMBER 25, 2015 IN PLAT BOOK 112 AT PAGE 93, OF THE CLERK AND RECORDER'S OFFICE OF PITKIN COUNTY COLORADO. NOTES: 1. BASIS OF BEARINGS: S75°09'33"E, BETWEEN THE NORTHWEST CORNER AND THE NORTHEAST CORNER OF SUBJECT PROPERTY, BOTH CORNERS BEING MONUMENTED AS SHOWN HEREON. 2. THIS MAP HAS BEEN PREPARED PURSUANT TO CLIENT REQUEST FOR AN EXISTING CONDITIONS MAP. 3. DATE OF FIELD SURVEY: APRIL 21, 2025 4. UNITS OF LINEAR MEASUREMENTS ARE DISPLAYED IN US SURVEY FEET. 5. THE ERROR OF CLOSURE IS BETTER THAN 1/15,000. 6. CONTOUR INTERVALS ARE SHOWN AT ONE FOOT INTERVALS. 7. ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) REFERENCE FROM NATION GEODETIC SURVEY (NGS) STATION S-159 HAVING AN ELEVATION OF 7720.88' TRANSFERRED TO SITE WITH A BENCHMARK ELEVATION AS SHOWN HEREON. 8. PROPERTY DESCRIPTIONS SHOWN HEREON ARE BASED ON CONDOMINIUM MAP FOR SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS RECORDED IN BOOK 112 AT PAGE 93; SUBDIVISION PLAT OF 831-833 W. BLEEKER RECORDED IN BOOK 104 AT PAGE 11; SURVEY MONUMENTS FOUND IN PLACE. 9. FENCES SHOWN HEREON, IF ANY, HAVE BEEN SHOWN FOR GENERAL REFERENCE AND DO NOT NECESSARILY DEPICT LIMITS OF OWNERSHIP. 10. THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, BUILDING SETBACKS OR OTHER RESTRICTIONS OF RECORD, AS SUCH ITEMS MAY AFFECT THIS PROPERTY. THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENT AND OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM THE TITLE INSURANCE COMMITMENT ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NO. PRE-2025-1027, HAVING AN EFFECTIVE DATE OF MARCH 25, 2025. EVERY ATTEMPT HAS BEEN MADE TO SHOW ALL EASEMENTS, RIGHTS-OF-WAY, ETC. REFERRED TO IN THE SCHEDULE B2 EXCEPTIONS RECITED IN SAID TITLE INSURANCE POLICY. SOME SUCH ITEMS MAY NOT BE SHOWN (I.E. ITEMS1-9, 11-13, 17) IF THEY ARE STANDARD TITLE COMMITMENT EXCEPTIONS, OR IF NOT SUFFICIENTLY DESCRIBED IN RECORDED DOCUMENTS TO BE SHOWN GRAPHICALLY, OR IF THEY ARE SITUATED ON ADJACENT PROPERTIES, OR IF THEY AFFECT THE PROPERTY IN GENERAL, ETC. IN REGARDS TO OTHER SUCH ITEMS: ITEM 10: TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN REVOCABLE LICENSE AGREEMENT RECORDED NOVEMBER 20, 2000 AS RECEPTION No. 448997, AND NOTICE OF COMPLETION, RECORDED NOVEMBER 25, 2015 AS RECEPTION NO. 625124. [AFFECTS THE SUBJECT PROPERTY AS SHOWN HEREON] ITEM 14: EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON THE SUBDIVISION PLAT OF 831-833 W. BLEEKER, RECORDED AUGUST 14, 2013 IN PLAT BOOK 104 AT PAGE 11 AS RECEPTION NO. 602509. [AFFECTS THE SUBJECT PROPERTY AS SHOWN HEREON] ITEM 15: COVENANTS, CONDITIONS, RESTRICTIONS AND LIEN RIGHTS BUT OMITTING ANY COVENANTS OR RESTRICTION, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, SOURCE OF INCOME, GENDER, GENDER IDENTITY, GENDER EXPRESSION, MEDICAL CONDITION OR GENETIC INFORMATION, AS SET FOR IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPTION TO THE EXTENT THAT SAID COVENANTS OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH IN CONDOMINIUM DECLARATION FOR SHADOW MOUNTAIN VIEW TOWNHOMES, RECORDED NOVEMBER 25, 2015 AS RECEPTION NO. 625122 , FIRST AMENDMENT, RECORDED SEPTEMBER 10, 2018 AS RECEPTION NO. 650231. [AFFECTS THE SUBJECT PROPERTY AS SHOWN HEREON] ITEM 16: EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON CONDOMINIUM MAP FOR SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS. RECORDED NOVEMBER 25, 2015 IN PLAT BOOK 112 AT PAGE 93 AS RECEPTION NO. 625127. [AFFECTS THE SUBJECT PROPERTY AS SHOWN HEREON] SURVEYOR'S CERTIFICATE: I, KYLE J. TESKY, BEING A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS MAP OF EXISTING CONDITIONS WAS PREPARED ON APRIL 24, 2025, FROM A SURVEY PERFORMED ON APRIL 21, 2025, UNDER MY DIRECT SUPERVISION AND CHECKING, AND THAT BOTH THE SURVEY AND MAP ARE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. KYLE J. TESKY COLORADO PLS #38521 FOR, AND ON BEHALF OF ROARING FORK ENGINEERING EXISTING CONDITIONS MAP SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL No. 273512381800 ROYEVRUSDNALLANOISS E F O R P 38521 K Y L E J .TES K YCOLORADO L ICE N S E D NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 1 OF 1 RO A R I N G F O R K EN G I N E E R I N G 59 2 H I G H W A Y 1 3 3 CA R B O N D A L E , C O 8 1 6 2 3 RF E N G . B I Z | ( 9 7 0 ) 3 4 0 - 4 1 3 0 EX I S T I N G C O N D I T I O N S M A P SH A D O W M O U N T A I N V I E W TO W N H O M E S C O N D O M I N I U M S CI T Y O F A S P E N , C O U N T Y O F P I T K I N , S T A T E O F C O L O R A D O N S EW Attachment 3 45 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 9 ALTA COMMITMENT FOR TITLE INSURANCE issued by FIDELITY 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, Fidelity National Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “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. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing Attachment 4 46 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. 47 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 9 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. FIDELITY NATIONAL TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: President By: Secretary 48 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Aspen Title & Escrow Issuing Office: 449 East Hopkins Avenue Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Pending Loan ID Number: Commitment Number: Pre-2025-1027 Issuing Office File Number: Pre-2025-1027 Property Address: 150 N. Eighth Street, Unit 150, Aspen, CO 81611 Revision Number: TBD SCHEDULE A 1.Commitment Date: March 25, 2025 at 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured:To Be Determined Proposed Amount of Insurance:$0.00 TBD FEE:$300.00 The estate or interest to be insured:fee simple 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: William Guth and Lisa Kantor 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. ASPEN TITLE & ESCROW 449 East Hopkins Avenue, Aspen, CO 81611 Telephone: (970) 925-1177 Countersigned by: Susan Sarver, License #271422 Aspen Title & Escrow, License #694340 FIDELITY NATIONAL TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: President By: Secretary 49 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 9 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate of interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. A satisfactory owner’s affidavit must be completed, executed and returned to the Company. 6. Payment of all taxes and assessments now due and payable. 7. Evidence satisfactory to the Company of payment of the City of Aspen Transfer Tax, or evidence that the property is exempt from said Tax. 8. Evidence satisfactory to Aspen Title & Escrow, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The “Wheeler Real Estate Transfer Tax” pursuant to Ordinance No. 20 (Series of 1979) and (2) The “Housing Real Estate Transfer Tax” pursuant to ordinance No. 13 (Series of 1990). 9. Release by the Public Trustee Pitkin County of the Deed of Trust from William Guth and Lisa Guth, formerly known as Lisa Kantor for the use of JPMorgan Chase Bank, N.A., to secure $2,862,000.00, recorded September 22, 2021 as Reception No. 680770 . 10. Payment of any and all Condominium assessments and expenses which may be assessed to the property. 11. Furnish for recordation a deed as set forth below: Grantor(s): William Guth and Lisa Kantor Grantee(s): To Be Determined NOTE: A 24 month Chain of Title has been completed and we find the following: NONE FOUND NOTE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. NOTE: Exception No. 1-4 will not appear on the Policy, Exception No. 5 will be removed from the policy provided the company conducts the closing. This transaction may be subject to a Geographic Targeting Order (“GTO”) issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found 50 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 to be complete. NOTE: This TBD Commitment is for INFORMATIONAL PURPOSES ONLY 51 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are me. Note: Exception number 5. will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any water rights, claims of title to water, in, on or under the Land. 8. Exceptions and mineral reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 9. Reservations and exceptions as set forth in Deed from the City of Aspen, recorded February 3, 1988 in Book 59 at Page 339 as Reception No. 22459, providing as follows: providing as follows: That no title shall be hereby be acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 10. Terms, conditions, provisions and obligations as set forth in Revocable License Agreement recorded November 20, 2000 as Reception No. 448997 , and Notice of Completion, recorded November 25, 2015 as Reception No. 625124 . (NOTE: affects subdivision, between Lots C & D, Block 12, City of Aspen) 11. Terms, conditions, provisions and obligations as set forth in Resolution No. 9, Series of 2012, by the City of Aspen, recorded May 9, 2012 as Reception No. 588893 . 12. Terms, conditions, provisions and obligations as set forth in Ordinance No. 20, Series of 2012, by City of Aspen, recorded August 15, 2012 as Reception No. 591381 . 13. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement, recorded May 20, 2013 as 52 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 Reception No. 599641 . 14. Easements, rights of way and all matters as disclosed on the Subdivision Plat of 831-833 W. Bleeker, recorded August 14, 2013 in Plat Book 104 at Page 11 as Reception No. 602509. 15. Covenants, conditions, restrictions and lien rights but omitting any covenants or restriction, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set for in applicable state or federal laws, exception to the extent that said covenants or restriction is permitted by applicable law, as set forth in Condominium Declaration for Shadow Mountain View Townhomes, recorded November 25, 2015 as Reception No. 625122 , First Amendment, recorded September 10, 2018 as Reception No. 650231 . 16. Easements, rights of way and all matters as disclosed on Condominium Map for Shadow Mountain View Townhomes Condominiums. recorded November 25, 2015 in Plat Book 112 at Page 93 as Reception No. 625127. 17. Terms, conditions, provisions and obligations as set forth in Operations and Maintenance Agreement, recorded February 8, 2016 as Reception No. 626887 . NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes. 53 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 EXHIBIT “A” The Land referred to herein below is situated in the County of Pitkin, State of Colorado and is described as follows: Situated in the County of Pitkin and State of Colorado described as follows: UNIT 150, SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS, Aspen, Colorado, according to and subject to the Condominium Declaration of Shadow Mountain View Townhomes Condominiums recorded November 25, 2015 as Reception No. 625122, First Amendment, recorded September 10, 2018 as Reception No. 650231, and the Condominium Map for Shadow Mountain View Town homes Condominiums, filed for record November 25, 2015 in Plat Book 112 at Page 93, of the Clerk and Recorder’s Office of Pitkin County Colorado. 54 Attachment 5 55 56 57 58 59 60 61 62 63 64 65 66 RECEPTION#: 625122, 11/25/2015 at11 :20:58 AM, 1 OF 52, R $266.00 Doc Code CONDODECLAR Janice K. Vos Caudill, Pitkin County, co CONDOMINIUM DECLARATION OF SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINIUMS ASPEN, COLORADO Declarant: Herbert S. Klein and Marsha L. Klein 101 S. Mill St. #200, Aspen, Colorado, 81611 Attachment 6 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 10 0 10 1 10 2 10 3 10 4 10 5 10 6 10 7 10 8 10 9 11 0 11 1 11 2 11 3 11 4 11 5 11 6 11 7 11 8 11 9 12 0 12 1 12 2 12 3 12 4 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Attachment 7 151 152 COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM CITY OF ASPEN 427 RIO GRANDE PL | ASPEN, CO 81611 All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. ___________________________________ _________ ___________________________ I, the property owner, certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner Signature ____________________________ Date _________________ Owner Printed Name ________________________ OR Owner’s Attorney Signature ___________________________ Date _________________ Owner’s Attorney Printed Name _______________________ ADDRESS UNIT #PARCEL ID # ADDRESS: ____________________________PERMIT NUMBER: _______________________________ EŽǀĞŵďĞƌ ϮϬϮϮ X Attachment 8 153 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512381001 on 06/25/2025 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Attachment 9 154 802 W MAIN LLC ASPEN, CO 81611 242 MOUNTAIN LAUREL DR 835 WEST MAIN LLC BASALT, CO 81621 119 RIDGE RD AARONS MARTHA REV TRUST ASPEN, CO 81611 100 N 8TH ST #26 ABELLO REAL ESTATE TRUST ASPEN, CO 81611 814 W BLEEKER ST #E6 ARETZ REALTY INC GREENWOOD VILLAGE, CO 80111 5691 S NEWPORT ST ASK778 LLC CORAL GABLES, FL 33156 11065 MARIN ST ASPEN COLORADO LLC ASPEN, CO 81611 100 N 8TH ST #5 ASPEN VILLAS CONDO ASSOC INC ASPEN, CO 81611 814 WEST BLEEKER ST ATKINSON SUZANNE E ASPEN, CO 81611 100 N EIGHTH ST #19 BAVARIAN INN CONDO ASSOC ASPEN, CO 81611-3800 1000 S MILL ST BECKER RACHEL NEW YORK, NY 10021 1000 PARK AVE BERGER JAMES GREENWOOD VILLAGE, CO 80121 5751 OAK CREEK LN BERMAN ANDREW KENTFIELD , CA 94904 70 POPLAR DR BERTUCCI RUTH METAIRIE, LA 70005 302 SENA DR BIBB EMILY ASPEN, CO 81611 411 E MAIN ST #205 BRUFF SHERLYNNE GUEST & HAROLD H BOULDER, CO 80303 2801 PENNSYLVANIA AVE #105 BRUNT DESCENDANTS TRUST ST THOMAS, VI 00802 3814 CROWN BAY BRUNT FAMILY LP ST THOMAS VIRGIN ISLANDS 00802, 3814 CROWN BAY BRUNT THOMAS B III IRREV TRUST ST THOMAS, VI 00802 3814 CROWN BAY BUDD MARTIN STAMFORD, CT 06902 215 OCEAN DR WEST BUMP LINDA LIGHT BOULDER, CO 80302 801 BASELINE RD CHEZ C5 LLC ASPEN, CO 81611 116 S ASPEN ST CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL CJW BUNGALOW LLC HOUSTON, TX 77055 1414 WOODVINE CKS ASPEN LLC RICHMOND , CA 94804 5631 BAYVIEW AVE CONNER CLAUDE M TRUST PALISADE, CO 81526 PO BOX 38 3901 G RD CONTRUCCI ANTHONY ROBERT CHESTERTON, IN 46304 1703 LITTLER DR COX BRANDON FORT LAUDERDALE, FL 33301 1009 S E 2ND ST DEES ASPEN LLC LOS ANGELES, CA 90049 237 N TIGERTAIL RD DIAMOND DIAHANDRA M ENGLEWOOD, CO 80111 5691 S NEWPORT ST 155 DIAZ MIGUEL ASPEN, CO 81611 107 N SEVENTH ST #201 DNF TRUST PITTSBURGH, PA 15217 1900 MURRAY AVE #203 DONOVAN JULIE A ASPEN, CO 81611 107 N SEVENTH ST #204 DUPPS KATHERINE ASPEN, CO 81611 814 W BLEEKER ST #A2 E11EVENTY PROPERTIES LLC ASPEN, CO 81612 PO BOX 10177 EDMONDS CHRISTOPHER ASPEN, CO 81611 814 W MAIN ST #S5 EIDSON ARVIN WAYNE SULPHUR , OK 73086 PO BOX 309 ENGELMAN TOM ASPEN, CO 81611 107 N 7TH ST #203 FARRELL PATRICK G ASPEN, CO 81612 PO BOX 12160 FERTIG DALE M FORT LAUDERDALE, FL 33301 1009 SE 2ND ST GELLER SCOTT FORT MYERS , FL 33919 4755 SUMMERLIN RD #1 GIBANS JONATHAN ASPEN, CO 816113145 100 N 8TH ST #1 HARPER DONNA M REV TRUST BELLEAIR, FL 33756 27 PELICAN PL HAYES HOLDINGS LLC DENVER, CO 80205 2894 CURTIS ST HEISLEY AGNES M TRUST CHICAGO, IL 60602 70 W MADISON ST #5600 HI HO SILVER LLC FORT LAUDERDALE, FL 33324 690 LEIGH PALM AVE HOLT ZACHARY AARON ASPEN, CO 81611 814 W BLEEKER ST #C-2 HOOK BRADLEY K & PAMELA D DALLAS, TX 75219 3505 TURTLE CREEK BLVD #11G HULL LESLIE ASPEN, CO 81611 107 N 7TH ST #103 KELLEY JENNIFER E ASPEN, CO 81612 PO BOX 9496 KLEIN HERBERT S & MARSHA L ASPEN, CO 816111557 101 S MILL ST #200 KLUG WARREN & KATHLEEN ASPEN, CO 81611 814 W BLEEKER ST #E-1 KROGH MARIAN ASPEN, CO 816111668 107 N 7TH ST #102 KRUGER RUTH B ASPEN, CO 81611 102 N EIGHTH ST #W4 KURTZ KAREN L QPRT PLAINFIELD, IL 60586 17358 S MCKENNA DR LARKSPUR CG LLC DENVER, CO 80206 PO BOX 6408 LARNER JACQUELINE L DENVER, CO 80220 376 DAHLIA ST LEUSCHEL DANIEL R & MCDANIEL ANNIE L ASPEN, CO 816111668 107 N 7TH ST #101 LEWIS JOHN G DENVER, CO 80220 376 DAHLIA ST LUU TONG KHON ASPEN, CO 81611 814 W BLEEKER ST #B4 156 LYLE PATRICK ASPEN, CO 81611 820 W MAIN ST MANDERSON NANCY R HOUSTON, TX 770052628 2212 RICE BLVD MANDERSON NANCY R MARITAL TRUST HOUSTON, TX 77005 2212 RICE BLVD MANIE MICHAEL B ASPEN, CO 81611 814 WEST BLEEKER ST #B5 MATTHEWS DEE R WASHINGTON, DC 20016-4379 5121 52ND ST NW MCCOLLUM KATLYN ASPEN, CO 81611 814 W MAIN ST #S5 MCNELLIS VIRGINIA ASPEN, CO 81611 108 N 8TH ST MCNUTT RAY EVERETT II ASPEN, CO 81611 814 W BLEEKER ST #A2 MELACAPE LLC VERO BEACH, FL 32963 10895 SAVANNAH DR #202 MENCHACA ANA ASPEN, CO 81611 107 N SEVENTH ST #201 MIRACLE MICHAEL ASPEN, CO 81611 821 W BLEEKER ST NAFTALIS FAMILY TRUST DALLAS, TX 75201 1918 OLIVE ST #2402 NEUMAN JONAH NEW YORK, NY 10021 333 CENTRAL PARK WEST NMP NAPLES RENTAL LLC NAPLES, FL 34104 801 KINGS WY OBX TO ASPEN LLC FORT COLLINS, CO 80526 4251 MORNING GLORY RD OTTEN FAMILY LIV TRUST DALLAS, TX 75287 5103 SEA PINES DR OVERTON PATRICIA J ASPEN, CO 81611 100 N 8TH ST #24 PEDRAGOSA MERITXELL ASPEN, CO 81611 821 BLEEKER ST PITCHFORD BARBARA ASPEN, CO 81611 100 N 18TH ST #25 PLATERO CHILDRENS TRUST BOCA RATON, FL 33487 8000 N FEDERAL HWY #200 PULLIS JONATHAN C & REBEKAH ASPEN, CO 81611-1135 823 W BLEEKER ST RANCH WATER INVESTMENTS LLC DALLAS, TX 75209 7255 INWOOD RD RAPTIS GEORGE ASPEN, CO 81611 411 E MAIN ST #205 REED BRENT H ASPEN, CO 816111124 100 N 8TH ST #6 ROTHMAN MARK S & SANDRA C ASPEN, CO 81611 100 N 8TH ST #12 RYAN JENNIFER & ROBERT ASPEN, CO 81612 PO BOX 2323 SHADOW MOUNTAIN TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA S SEVENTH ST SHADOW MTN VIEW TOWNHOME CONDO ASSOC ASPEN, CO 81611 831 W BLEEKER ST SHAPIRO MARK I REV TRUST AKRON, OH 44333 4554 ROCKRIDGE LN SHERIDAN DAVID R II ASPEN, CO 81611 814 WEST BLEEKER ST #B5 157 SIEGEL ELIZABETH N & NEIL B ASPEN, CO 816113145 100 N 8TH ST #8 SMITH WENDY M TRUST MIAMI BEACH, FL 33141 6652 SHEFFELD LN STEPHENS DANETTE ASPEN, CO 81611 100 N 8TH ST #31 STROKES GREGORY MICHAEL ASPEN, CO 81611 106 N 8TH ST SUTTON JACK M METAIRIE, LA 70005 302 SENA DR TOLLESSON KENT TOMMY ASPEN, CO 816111668 107 N 7TH ST UNIT 202 TOPELSON ALEXANDER ENGLEWOOD, CO 80111 5691 S NEWPORT ST TRAN HONG HUONG BASALT, CO 81621 231 ROBINSON #316 TRAN TUYET LE ASPEN, CO 81611 814 W BLEEKER ST #B4 TSFR LLC ASPEN, CO 81611 100 N EIGHTH ST #20 VILLA 15 LLC ASPEN, CO 81612 PO BOX 1307 VILLAS OF ASPEN TOWNHOUSES ASSOC ASPEN, CO 81611 100 N 8TH ST VOA #18 LLC HOUSTON, TX 77019 2323 SAN FELIPE ST #23 WEBSTER JENNIFER A R WILEY ASPEN, CO 81611 104 N 8TH ST WEINBERGER DANIEL R & LESLIE J WASHINGTON, DC 20008 3116 DAVENPORT ST NW WEST KAREN CRANDALL REV TRUST ASPEN, CO 81611 100 N 8TH ST #34 WEST SOREN PETER JR REV TRUST ASPEN, CO 81611 100 N 8TH #34 WILLIAMS JENNIFER ASPEN, CO 81611 816 W MAIN ST #S4 158 PRE-APPLICATION CONFERENCE SUMMARY PRE-25-056 DATE: April 21,2025 PLANNER: Ben Anderson, 970.429.2765; ben.anderson@aspen.gov REPRESENTATIVE: Bill Guth, 970.300.2120 PROJECT LOCATION: 150 N. 8th Street PARCEL ID: 273512381001 REQUEST: Amendment to Council Ordinance, Major Amendment to a Subdivision, Dimensional Variance DESCRIPTION: 150 N. 8th Street is one unit in a 3-unit, multifamily condominium (Shadow Mountain View Townhomes Condo, Unit 150). In 2012, the property, via Ordinance #20 Series of 2012, received subdivision approval for the development of a triplex on the property legally described as Lots A, B, and C of Block 12, City and Townsite of Aspen. Section 6 of the Ordinance granted a Dimensional Variance for one of the units (staff believes 150 N. 8th to be the unit granted this variance) to exceed the maximum unit size cap of 2,000 sf of net livable area established in the RMF Zone District. The ordinance allowed this unit to be “no greater than 2,952 sf of net livable area.” The maximum unit size cap for properties in the RMF was established to ensure that properties that were benefitting from additional density, height and floor area allowances granted to multi- family properties were not being utilized to focus additional development allowances to simply make large units. Instead, the additional development allowances are granted to increase the number of units on the property and the availability of smaller units across Aspen’s housing stock. The owner/applicant is proposing to expand the unit into an existing crawl space. While the new area would be almost entirely subgrade and would likely have minimal impact to the calculation of floor area, the addition would certainly add to the unit’s calculation of net livable area – the dimension specifically called out in both the RMF Zone District limitations and in Ordinance #20, Series of 2012. If approved, the new area would also be subject to calculation for Mitigation Floor Area – meaning subject to GMQS AH mitigation requirements. Because this aspect of the property was specifically defined as a limitation in the approving ordinance, the Community Development Director has evaluated the request and has determined this proposal to warrant a review as a Major Amendment to a Subdivision. This requires a two- step review with a recommendation from the Planning and Zoning Commission and review by City Council. City Council will be the decision authority. The applicant should be aware that review criteria in the Land Use Code for both Variances and Subdivision are significant obstacles to this request. Attachment 10 159 RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.104 Definitions (Net Livable Area) 26.304 Common Development Review Procedures 26.314 Variances 26.480.030 Subdivision Procedures for Review 26.480.040.c and d. Subdivision General Review Standards 26.480.080 Subdivision Application Contents 26.480.090 Subdivision Amendments 26.575.020.H Measurement of Net Leasable and Net Livable Area 26.710.090 Land Use Regulations – Residential Multi-family (RMF) **Note: due to the specific nature of the proposal, many of the provisions within Subdivision are not applicable as they generally were crafted to apply to larger projects and requests. HELPFUL LINKS: • Land Use Application (PDF) • Land Use Code (PDF) REVIEW BY: • Staff for Completeness, Planning and Zoning Commission for Recommendation, City Council for Approval REQUIRED LAND USE REVIEW(S): Major Amendment to a Subdivision Variance PUBLIC HEARING: Yes, both P&Z (Recommendation) and City Council (Second Reading). Public Notice Requirements will be necessary for both P&Z and Council. Staff will provide the applicant with required notice materials for an on-site poster and mailing for neighbors within 300 ft. of the property. PLANNING FEES: Planning Fees - $4,550 – Deposit for 14 hours of staff time. Additional hours will be billed at $325 per hour. Any unused hours will be refunded. REFERRAL FEES: Per described scope, no referral agency comments are necessary TOTAL DEPOSIT: $4,550 APPLICATION CHECKLIST: Below is a list of submittal requirements for this review. Please email the entire application as one pdf to cdehadmins@aspen.gov. Include PRE- 25-056 in the subject line. If more than 18 months has lapsed since this letter was issued, please reach out to planneroftheday@gmail.com.  Completed Land Use Application, signed Fee Agreement, and signed HOA Compliance form  Pre-application Conference Summary (this document). 160  Contained within a letter signed by the applicant, the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant.  The street address, legal description and parcel identification number of the property proposed for development.  A disclosure of ownership of the parcel proposed for development, consisting of a current (no older than 6 months) certificate from a title insurance company or attorney licensed to practice in the state, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application.  An eight and one-half (8½) inches by eleven (11) inches vicinity map locating the subject parcel within the City of Aspen.  Proposed and existing floor plans depicting the proposed layout. This should include a calculation of existing and proposed floor area and net livable area that includes depiction of all three attached units – by unit and in aggregate.  A site improvement survey (no older than a year from submittal) certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including the current topography and vegetation. This is to ensure that the proposed project is possible related to property lines, setbacks, etc. If there have not been any changes to the property since the last survey was completed, an existing survey may be sufficient for the Land Use application. Should the project go to building permit, a new survey will be necessary at that point.  A PDF of the existing Subdivision Plat, Condo Map, and Condo Declarations.  A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. This should include a response to review criteria in Variances (26.314) and Subdivision (26.480.040 – particularly c. and d.) Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 161 Page 1 of 12 Staff Memo – 844 Roaring Fork Road MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Haley Hart, Senior Long-Range Planner MEETING DATE: October 15, 2025 CONTINUED TO: October 29, 2025, and December 3, 2025 RE: 844 Roaring Fork Road Request for Special Review – Continuing a Non-Conforming Structure, Hallam Lake Bluff Review, Special Review – Top of Slope Determination APPLICANT: 844 Roaring LLC, 844 Roaring Fork Road Aspen, CO 81611 REPRESENTATIVE: Patrick Rawley, Rawley Design Planning LOCATION: Street Address: 844 Roaring Fork Road Legal Description: Subdivision: ASPEN COMPANY Block: 4 Lot: 5 THRU: - Lot: 11 Section: 12 Township: 10 Range: 85 PARCEL A Parcel ID: 2735-121-20-002 CURRENT ZONING & LAND USE: Moderate-Density Residential (R-15) The applicant requests a continuation of a legally established non-conforming single-family residence to renovate and reconfigure floor area as well as Hallam Lake Bluff review and Top of Slope Determination Figure 1: Property Location. Extent of Hallam Lake Bluff Review Area shown between green lines. STAFF RECCOMENDATION: Staff recommends that the P&Z deny the request to renovate and reconfigure for the continuation of the nonconformities at 844 Roaring Fork Road. 162 Page 2 of 12 Staff Memo – 844 Roaring Fork Road LAND USE REVIEWS The Applicant is requesting the following Land Use approvals from the Planning and Zoning Commission (P&Z): • Special Review – Top of Slope Determination (Section 26.435.040.E): An application requesting an appeal of the Stream Margin Map’s Top of Slope Determination requires Special Review by the Planning and Zoning Commission. The Planning and Zoning Commission is the final review body. • Hallam Lake Bluff Environmentally Sensitive Area Review (Section 26.435.060): the property is located in the Hallam Lake Bluff Environmentally Sensitive Area, and development in this area requires review and approval by the Planning and Zoning Commission. • Special Review – Replacement of a Non-Conforming Structure (Section 26.312.030 and 26.430.040.B): the structure is a legally established non- conforming structure and elements that are non-conforming are proposed to be altered and replaced that either maintain or reduce the non-conformity. The specific dimensional limitations that are non-conforming and relevant for this review include floor area. The Planning and Zoning Commission is the final decision-making authority on these reviews. BACKGROUND This is a continued hearing from October 29, 2025, which has been re-noticed to include the Top of Slope Determination Special Review. An addendum to the application has been included under Exhibit A with updated site plans. 844 Roaring Fork Road is an existing single-family residence on a 30,954 square foot gross lot. Since this property was developed, the Land Use Code’s dimensional allowances have changed, so the property is a legally established non-conforming structure. The lot is steeply sloped towards Hallam Lake, and 13,164 square feet of lot area counts towards steep slope reductions on site reducing the calculated lot area to 17,790 square feet, allowing for 4,667 square feet of floor area in the R-15 (Medium Density) Zone District. The existing home is 5,260 square feet and is a legally established non-conforming home that received P&Z approval per Resolution #43, Series of 1995, which allowed for the Hallam Lake Bluff encroachment and existing floor area. The property abuts Hallam Lake and is within the Hallam Lake Bluff Environmentally Sensitive Area. The current residence encroaches both the 15’ setback from the Top of Slope and protrudes into the 45-degree-angle height limitation set by Hallam Lake Review Criteria. The single-family residence received a Certificate of Occupancy in 2001. 163 Page 3 of 12 Staff Memo – 844 Roaring Fork Road PROJECT SUMMARY The applicant proposes to remodel the existing residence, remove portions that project into the Hallam Lake review area, and add a subgrade basement to the west of the existing residence. See Exhibit A for the full application and addendum. The applicant seeks continuation of a nonconformity to rearrange and reconfigure floor area on site. The applicant proposes using the floor area removed from the rear (south) of the home to build a subgrade basement with egress window wells. The total proposed countable floor area is 5,252 square feet (See Table 1, below, for dimensional conditions). Demolition is not triggered. Demolition is defined as demolishing 40% or more of the exterior of the structure; 38.12% demolition is proposed in the application. Because of the changes to aspects of the project that are non-conforming, Special Review for Authority to Continue a Non-Conformity is requested. Table 1: Dimensional Conditions *Not a Dimensional Limitation set by the Land Use Code Additionally, rear portions of the home are proposed to be removed which encroach into both the 45-degree progressive height limit and 15’ Top of Slope Setback from the Hallam Lake Bluff Top of Slope. The applicant requests a Top of Slope determination via Special Review as the current Top of Slope Setback bifurcates the existing home. P&Z approved the location of the home with that encroachment into the Top of Slope via Resolution #43, Series of 1995, yet the applicant desires to move the Top of Slope so that it does not permanently intrude into existing improvements and reflects the on-site conditions. In the updated addendum to the application, the previously proposed new rear dormers on the second floor that encroached into the 45-degree progressive height limit are now proposed to be removed so that no new development is within the height limitation. Other existing encroachments will remain, see Figures 2 and 3 below, for images of the existing conditions. Dimensional Limitation Allowable Existing Proposed Floor Area 4,667 sq. ft. 5,260 sq. ft. 5,252 sq. ft. Gross Floor Area* No requirement 6,038 sq. ft. 12,564 sq. ft Side Yard Setback 10’ 10’ 10’ 164 Page 4 of 12 Staff Memo – 844 Roaring Fork Road STAFF COMMENTS Below are Staff Comments for each of the requested reviews: Special Review – Top of Slope Determination (Section 26.435.040.E): Section 26.435.040.E - Special Review, requires an application seeking an appeal of the Stream Margin Map’s Top of Slope designation be processed as a Special Review. The criteria for seeking a variance from the adopted Top of Slope Map requires a surveyor to make an alternative determination which is substantiated by the City Engineering Department. There are two criteria associated with Special Review within Section 26.435.040.E for an alternative Top of Slope Determination and are included in Exhibit E. In the case of 844 Roaring Fork, the existing Top of Slope, as determined from the existing map, bifurcates the property in a way that does not match the on-site conditions nor allows the property owner to redevelop the property in a compliant way due to the relationship of the existing development to Hallam Lake Bluff. Past approvals from P&Z have allowed for redevelopment within the Top of Slope Setback, but the applicant wishes to amend it in order to move forward through future redevelopment with assurance. An adjusted Top of Slope was discussed on site August 1, 2025, with a member from the Engineering Figure’s 2 and 3: Existing Rear Yard Conditions 165 Page 5 of 12 Staff Memo – 844 Roaring Fork Road Department, the applicant's surveyor, and the applicant's planning team to determine an accurate, site specific Top of Slope. See Figures 4 and 5 for the current and proposed Top of Slope and 15-foot Setback. To meet review criteria 26.435.040.E.1, the Top of Slope determination site plan was submitted by a licensed surveyor and referred to the City of Aspen Engineering for review. The proposed Top of Slope as presented, is what was discussed and agreed upon between the Engineering Staff member and the applicant. Staff finds that the proposal meets the standards of Land Use Code Section 26.435.040.E - Special Review. There are no conditions associated with this review. Figure 4: Current Top of Slope and Top of Slope Setback Figure 5: Survey with Proposed Top of Slope, Top of Slope 15’ Setback, and Existing Encroachments 166 Page 6 of 12 Staff Memo – 844 Roaring Fork Road Hallam Lake Bluff Environmentally Sensitive Area Review (Section 26.435.060): Hallam Lake Bluff review limits the extent of development within proximity of the Hallam Lake Bluff area to avoid adverse impacts on the nature preserve below. Topics that are regulated include proximity of development to the Top of Slope, the height of development adjacent to the Top of Slope, lighting, and non-native landscaping. The applicant proposes a number of changes to the structure to rearrange and reconfigure the floor area on site while removing projections into the Hallam Lake Bluff review area. The southern rear components being demolished are existing encroachments into the Hallam Lake Bluff 45-degree-angle limit and 15’ Top of Slope Setback. See Figure 6 below to show existing and proposed conditions for the encroachments and proposed removal. No new development within the Top of Slope or Top of Slope 15’ Setback are proposed. A patio surface will remain on top of the existing foundation within the 15’ setback. Demolition of the structure on top of the foundation is proposed, but removal of the foundation is not proposed. Staff determined that the proposed patio on the existing foundation that is within the 15’ setback meets Hallam Lake Bluff Criteria 26.435.060.2 as it is an existing encroachment that will remain, see Figure 7. In addition, there is a Figure 6: Existing and Proposed Rear Conditions and Encroachments 167 Page 7 of 12 Staff Memo – 844 Roaring Fork Road steppingstone walkway proposed at grade. All additional work in the 15’ setback is restoration of the slope using native grasses. As evident in Figure’s 7 and 8, the proposed development continues to extend beyond the 45-degree-angle from the ground level at the Top of Slope. The home is an existing non-conformity in that a large portion of the existing rear projects into the 45-degree- angle. The proposed remodel removes a large portion of the home bringing it into greater conformance. The updated application removes the requested dormers which were projecting into the 45-degree-angle height limitation within the first application which now brings the total volumetric removal within the 45-degree-angle to 40.8% (see Figure 8, below). Additionally, the amended application does not request new development. Per a Code Interpretation submitted by Bart Johnson of Waas Campbell Rivera Johnson & Velasquez LLP, on November 3, 2025, and published from the City on November 17, 2025, the City finds that the term ‘non-conformity’ per Section 26.104.100 – Definitions, and its application for continuation per Section 26.312.030.F – Special Review, in the Hallam Lake Bluff Review area is applicable (see Exhibit G). Staff finds it appropriate to apply non-conformity Review Criteria in the context of an ESA non-conforming dimensional review. Staff finds this criterion now met as no new development is proposed and the application removes 40.8% of the non-conforming aspect. See Exhibit B for the full Review Criteria. Figure 7: Existing Patio Foundation to Remain 168 Page 8 of 12 Staff Memo – 844 Roaring Fork Road Special Review – Authority to Continue a Non-Conformity (Section 26.312.030): Legally established non-conforming structures are subject to land use review and may be allowed to remain or be reduced if certain review criteria are met. Staff’s perspective on the Authority to Continue a Non-Conformity is shaped by two primary aspects, the intent of the chapter, and the code language and review standards. The purpose statement (Section 26.312.010) of the Non-Conformities chapter states: “Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision.” The Non-Conformities chapter also includes the following code language and review criteria in: Figure 8: Projection by Volume 169 Page 9 of 12 Staff Memo – 844 Roaring Fork Road Section 26.312.030.C – Extensions: Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. And, Section 26.312.030.F.2: Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review... The proposed development constitutes purposeful destruction and replacement of the non-conforming structure. The applicant requests altering the existing residence in a manner that will decrease the calculated floor area overage on the subject property by 8 square feet from 5,260 square feet to 5,252 square feet. The proposal includes an increase of 6,526 square feet of gross floor area through the construction of a 6,408 square foot basement (calculated as 139 square feet due to subgrade exemptions) extending oustside the existing foundation and changes to the deck, first and second floor. Gross floor area is not established as a dimensional limitation in the zone district, therefore is not part of the review criteria, but is a term recognized in the code and commonly used when evaluating the intensity and associated impacts of structures during the land use and permitting process. The proposed development does not extend or enlarge any areas that would increase the nonconforming nature of the structure per underlying zoning. Since the existing and proposed structure will remain over allowable floor area, rearranging and decreasing the existing non-conforming floor area requires a Replacement of Non-Conforming Structure review by the Planning and Zoning Commission. Section 26.430.040 Special Review – Review standards for special review: The mass, height, density, configuration, amount of open space, landscaping, and setbacks of the proposed development are designed in a manner which is compatible with the character of surrounding land uses and is consistent with the purposes of the underlying zone district, R-15. The purpose of the R-15 Zone District is “to provide areas for long-term residential purposes, Short-term Rentals, and customary accessory uses”. The proposed development continues to provide a long-term residence. 170 Page 10 of 12 Staff Memo – 844 Roaring Fork Road The proposed development will have a negligible impact on surrounding uses. The majority of the work will involve demolition from the rear of the home and the addition of a subgrade basement. The associated deck/patio refinishing and removal will have no adverse impact on the shading, traffic, parking, or other land use code sections. 844 Roaring Fork Road is a large lot; however, the net lot area on the parcel is reduced by 13,164 square feet due to steep slopes. That is nearly 43% of the gross lot area that is excluded from the net lot area due to steep slopes. No dimensional variations are proposed or increased. All the proposed development is within the buildable area as designated by the underlying zoning setbacks. Literal enforcement of the dimensional provisions of the zone district would not cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. The property contains a single-family dwelling unit that has been occupied for many years and is similar in size to surrounding homes. Reasonable use of the property has been established over the years of this residence including the demolition and rebuilding of the existing structure pursuant to Resolution #43, Series of 1995. The applicant succinctly demonstrates in the application that in 1995 the property was granted the existing floor area which adhered to the code at the time. The applicant requests no variances to make this work possible and works within the developable area on site to extend the lifespan of the existing structure. Staff recognizes this project has positive outcomes as the applicant and representative have worked to bring this project more into compliance with the current land use code by reducing countable floor area, removing portions of the structure from the Hallam Lake Bluff ESA, limiting demolition to less than 40% and their efforts do not go unrecognized. However, staff recognizes that there is no hardship that would hinder the applicant from reasonable enjoyment and use of the property if the home was brought into full compliance with the current dimensional limitations and allowances of the Hallam Lake Bluff ESA and R-15 Zone District. Staff recommends that the Planning and Zoning Commission deny the proposed project or find that a hardship would be caused by denying the proposed project. See Exhibit’s C and D for Review Criteria. Further, staff accepts the need for a code amendment to bring better clarity to the review. Criteria #4 in Section 26.430.040.b requires the P&Z to make findings on the presence of a hardship. This is a significant threshold to cross and was included in the code when demolition was the sole measure of the ability of a property to pursue a continuation of a non-conformity. New criteria need to be established for projects that are not crossing the demolition threshold and staff identifies that P&Z is presented a difficult task in the 171 Page 11 of 12 Staff Memo – 844 Roaring Fork Road evaluation of the hardship criteria in scenarios such as in the application under review. Staff have noted the need for these updated criteria through a recent Land Use Code Interpretation, see Exhibit F, and Policy Resolution #118, Series of 2025, which Council passed unanimously to open the non-conformities code section for amendments. Staff has been consistent with recommendations on recent proposals with similar conditions. REFERRAL COMMENTS The application was referred to the Zoning, Engineering, and Parks Departments and they did not identify anything that would prevent approval of the land use application. The Parks department conditions consisted of requirements for native shrub planting along the slope within the Top of Slope Setback to restore the wild character and other tree- specific requirements that the applicant will need to fulfill at time of building permit submission. Engineering and Zoning did not have conditions of approval. RECOMMENDATION Community Development staff recommends the Planning and Zoning Commission deny the request. While the proposal meets most of the code, and staff believes would provide an overall benefit including avoiding a full demolition, staff does not believe there would be a hardship on this lot if the project is brought into full compliance with current adopted standards in regards to floor area. However, if the commission believes the proposal is consistent with the intent and required findings of the Land Use Code, that a hardship would be caused by denying the proposed project and that special site circumstances differentiate the property from other properties located in the same zone district, there would be grounds for approval. PROPOSED MOTION: Two motions are proposed. The first motion denies the resolution where the second motion approves the resolution. Should the P&Z support staff’s recommendation, Motion 1 should be read. If the P&Z disagrees with staff’s recommendation and feels the review criteria has been met and wishes to approve the request, Motion 2 should be read: Motion 1. “I move to deny Resolution #___, Series of 2025, granting approval for Hallam Lake Bluff Review, Special Review for the continuation of a non- conformity and Special Review for a Top of Slope Determination.” If the P&Z decide that the criteria are met for the Continuation of a nonconformity, Hallam Lake Bluff Review and Top of Slope Determination, and disagree with staff’s recommendation, the following motion should be read: 172 Page 12 of 12 Staff Memo – 844 Roaring Fork Road Motion 2. “I move to approve Resolution #___, Series of 2025, granting approval for Hallam Lake Bluff Review, Special Review for the continuation of a non- conformity and Special Review for a Top of Slope Determination. ATTACHMENTS: Resolution #XX, Series of 2025 Exhibit A – Application Exhibit A Addendum - Application Exhibit B – Hallam Lake Bluff Review Criteria Exhibit C – Non-conformities Review Criteria Exhibit D – Special Review Criteria Non-conformities Exhibit E – Special Review Criteria Top of Slope Determination Exhibit F – Land Use Code Interpretation (Non-conformities) Exhibit G – Land Use Code Interpretation (Non-conformities and Hallam Lake Bluff) 173 844 Roaring Fork Road Resolution #XX, Series of 2025 Page 1 of 3 RESOLUTION #XX SERIES OF 2025 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR HALLAM LAKE BLUFF REVIEW AND SPECIAL REVIEW TO REPLACE A NONCONFORMING STRUCTURE AND TOP OF SLOPE DETERMINATION AT THE PROPERTY AT 844 ROARING FORK ROAD, LEGALLY DESCRIBED AS: SUBDIVISION: ASPEN COMPANY BLOCK: 4 LOT: 5 THRU: - LOT: 11 SECTION: 12 TOWNSHIP: 10 RANGE: 85 PARCEL A, ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-121-20-002 WHEREAS, the Community Development department received an application from Patrick Rawley of Rawley Design Planning representing 844 Roaring LLC (“Applicant”), requesting Hallam Lake Bluff Review and Special Review to replace a Nonconforming Structure related to a proposed remodel at 844 Roaring Fork Road (the “Property”); and, WHEREAS, the Property is located in the Moderate-Density Residential (R-15) Zone District and is currently improved with a legally established non-conforming single-family residence pursuant to Resolution #43, Series of 1995; and, WHEREAS, the application was referred to other City Departments for comments and the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code standards, the Community Development Director recommended denial of the requested development application; and, WHEREAS, at a regular scheduled meeting and properly noticed public hearing on October 15, 2025, Planning and Zoning Commission Council continued the meeting to October 29, 2025, at 4:30 p.m.; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the application under the applicable provisions of the Land Use Code as identified herein, in particular Section 26.435.060, Hallam Lake Bluff Environmentally Sensitive Area Review, Section 26.430, Special Review, and Section 26.435.040.E, Stream Margin Special Review, considered the recommendation of the Community Development Director, and took and considered public comment and continued the meeting to December 3, 2025; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the request as described below is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, at a continuation of a regular meeting and properly noticed public hearing on December 3, 2025, the City of Aspen Planning and Zoning Commission approves Resolution #XX, Series of 2025, by a X to X (X – X) vote, approving the requested land use reviews as identified herein. 174 844 Roaring Fork Road Resolution #XX, Series of 2025 Page 2 of 3 WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare, and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Section 26.430 Special Review – Authority to Continue a Non-Conforming Structure The existing single-family dwelling is a legal non-conforming structure as defined in the Land Use Code. Approval is granted for a remodel and renovation as depicted in Exhibit A to this resolution, and including: • A reallocation of floor area that includes the addition of a basement, • Changes to the countable floor area that reduce the non-conforming floor area. The following table outlines the approved dimensional limitations that are permitted to continue, but to not exceed the below: The following table outlines the floor area calculations with totals to not exceed the below: Section 2: Section 26.435.060 – Hallam Lake Bluff Environmentally Sensitive Area Approval The existing single-family dwelling is granted Hallam Lake Bluff approval and approval for the continuation of projection into the 45-degree-angle-height limitation and amended Top of Slope. The following conditions of approval must be met prior to building permit issuance: • The project must comply with all applicable Land Use Code and Building Code requirements. • Verification that the height over topography represented in the land use review is consistent with the final civil grading plans provided as part of the permit application is required prior to building permit issuance. Any deviation from the plan provided during land use review will be evaluated to determine if an amendment to this approval is required. The extent of the changes will determine if an amendment is required. • The applicant will be required to meet the lighting code at time of permit submission to document and show compliance with downcast and direction of lighting requirements. • Additional plantings of native shrub type plants shall be added along the slope to restore its wild character, and below the retaining walls and patio to reduce their visibility. • Applicant shall provide Tree Removal and Protection Plan at building permit submittal. • Excavation required within the Critical Root Zones of existing trees to be preserved shall be proceeded by pneumatic excavation along the edge of disturbance to a depth of at least 18 inches and followed by a City Forester inspection prior to pruning roots. Dimensional Limitation Allowable Existing Proposed Floor Area 4,667 sq. ft. 5,260 sq. ft. 5,252 sq. ft. Gross Interior: 12,564 sq. ft. Gross Deck: 597 sq. ft. Calculated Deck: (with exemptions) 0 sq. ft. Calculated Total: 5,252 sq. ft. 175 844 Roaring Fork Road Resolution #XX, Series of 2025 Page 3 of 3 Section 3: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the Property for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property right. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: 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 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, adopted, passed, and approved this 3rd day of December, 2025. Approved as to form: Approved as to content: ______________________________ __________________________________ Jim True, Special Counsel Teraissa McGovern, Chair Attest: _______________________________ Tracy Terry, Deputy Clerk Attachment: Exhibit A – Approved Drawings and Calculations 176 G E GV P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14 " E 1 5 2 . 0 0 ' DEED=N80°2 8 ' E 1 5 2 . 0 ' N64 ° 0 6 ' 3 7 " E 4 5 . 5 0 ' DEED = N 6 2 ° 4 8 ' E 4 5 . 5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N72°4 8 ' 1 2 " E 8.45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' CH=N 7 2 ° 3 5 ' 2 4 " E 48.38' R=1417 . 4 0 ' L=48.3 8 ' CH = N 5 5 ° 0 4 ' 5 0 " E 106. 6 4 ' R=16 8 . 5 0 ' L=10 8 . 5 0 ' L=2.82' R=248.00' CH=S48°52'38"W 2.82' L=6.84' R=248.00' CH=S86°44'18"W 6.84' CHAIN-LINK F E N C E W I R E F E N C E E D G E O F W A T E R MA R S H L A N D FOUND 16' WITNESS CORNER REBAR & 1-1/4" BLUE PLASTIC CAP TNC WC PLS38215 SW CORNER OF LOT 2 MERRIAM SUBDIVISION FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS20151 FOUND STEEL T-POST W/TAG LS2376 PROPERTY LINE REF 16.6' FOUND REBAR & 1-1/2" ALUMINUM CAP STAMPED LS2376 PESMAN SE CORNER LOT 21FOUND NO. 5 REBAR FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 1 1 ' ± 2 . 6 ' ± 6.2'± 9.9'± C H A I N - L I N K F E N C E FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 3'± EAST OF FENCE FOUND NO. 5 REBAR SITE BENCH MARK FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP HAROLD JOHNSON LS9018 ON WEST EDGE OF ROCK WALL ELEVATION:7861.50 FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP ILLEGIBLE FOUND NO. 5 REBAR WEST LINE OF LOT 2 MERRIAM SUBDIVISION MER R I A M S U B D I V I S I O N SOU T H L I N E O F L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T 13.7'± 2 7 . 0 ' ± FLAGSTONE P A T I O STAC K R O C K RETA I N I N G FLAGSTONE P A T H W I N D O W W E L L FLAGSTONE WALL F L A G S T O N E GRAVEL PARKING COURT CMP DITC H F L O W L I N E GRAV E L S H O U L D E R PAVE D R O A D W A Y ROAR I N G F O R K RETAINING WALL TRASH ENCLOSURE IS 0.2'± WEST OF PROPERTY LINE F L A G S T O N E P A T H STEPS 21.2' 8 . 0 ' 3.1' 4.0 ' 6 . 5 ' 3. 8 ' 3.1' 1 . 5 ' 21.2' 3 . 0 ' 52.2' 0 . 5 ' 1.3' 8 . 6 ' 1.3' 5 . 2 ' 16.0' 5 . 4 ' 1.2' 5 . 4 ' 3.3' 6 . 0 ' 3.3' 1 5 . 9 ' 18.7' 0 . 5 ' 1.3' 1 5 . 4 ' 11.6' 6 . 1 ' 4.0' 2 4 . 2 ' 24.2' 2 1 . 2 ' 11.5' 7 . 4 ' 24.1' 1 6 . 9 ' 2.5' 1 6 . 5 ' 5.5'1 . 5 ' FLAGSTONE ROA D TWO - STORY FRAME HOUSE 844 ROARING FORK ROAD TWO - CAR GARAGE APPARENT OVERLAP AREA ASPEN CENTER FOR ENVIRONMENTAL STUDIES (SEE NOTE 8) APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION (SEE NOTE 9) APPARENT GAP AREA APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION 5 6 7 8 9 10 11 12 4 BLOCK 4 ASPEN COMPANY SUBDIVISION PLAT BOOK 2 PAGE 38 PLANTER OWNER FISHCAMP LLC LOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 PARCEL A PARCEL B OWNER ASPEN CENTER FOR ENVIRONMENTAL STUDIES RECEPTION NO. 138551 PROPERTY AREA 30,954± SQ.FT. 0.711± ACRES OWNER HALLAM SANCTUARY LLC RECEPTION NO. 623931 H A L L A M L A K E B L U F F R E V I E W A R E A NO R T H L I N E ACE S P R O P E R T Y SPECIAL SETBACK AREA BOOK 634 PAGE 18 1 2 3 4 56 7 8 9 10 1112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 4041 42 4344 45 46 47 48 49 50 51 52 5354555657 58 59 60 61 62 6364 65 66 67 68 6970 71 72 73 74 75 7677 78 79 80 81 82 83 84 85 86 878889 90 91 92 93 I V B I V B IVB IVB IVB IVB ST R E A M M A R G I N TO P O F S L O P E (S C A L E D F R O M CI T Y O F A S P E N M A P P I N G ) 7861 7861 7862 7860 7855 7850 7845 7840 7835 7830 7825 7820 7820 7 8 6 0 786 1 786 0 7860.65 FFE 7860.50 FFE 7862.0 FFE FL O O D Z O N E A E BA S E F L O O D E L E V A T I O N : 7 8 1 8 FE M A F L O O D M A P N O . 0 8 0 9 7 C 0 3 5 4 E AU G U S T 1 5 , 2 0 1 9 FL O O D Z O N E X TOP OF S L O P E AS-LOC A T E D TOP OF SLOPE STREAM MARGIN REVIEW LINE PLANNING REVIEW MAP SOPRIS ENGINEERING 03/2002 TELEPHONE PEDESTAL GV GAS VALVE GAS METER ELECTRICAL METER LANDSCAPE LIGHT G E SEWER LINE SURVEYOR 'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER IT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. NOTES: 9. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S159 HAVING AN ELEVATION OF 7720.88. 10. CONTOUR INTERVAL EQUALS 1-FOOT. A PARCEL OF LAND SITUATED IN BLOCK 4 OF ASPEN COMPANY SUBDIVISION & BLOCK 90 OF HALLAM'S ADDITION TO THE TOWN OF ASPEN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PITKIN COUNTY PARCEL NO. 2735-121-20-002 IMPROVEMENT & TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2024-313 DATE:November 5, 2024 DRAWN RPK SURVEYED GBL SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 16' 8'32' SCALE: 1" = 16' FURNISHED PROPERTY DESCRIPTION: 0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IRRIGATION VALVE BOXIVB N LEGEND TITLE EXCEPTION NOTES: TREE TYPE TRUNK DRIP 1 COTTONWOOD 23'' 40' 2 COTTONWOOD 19'' 32' 3 CONIFEROUS 5''6' 4 COTTONWOOD 16'' 24' 5 COTTONWOOD 13'' 24' 6 COTTONWOOD 13'' 24' 7 COTTONWOOD 18'' 24' 8 COTTONWOOD 17'' 24' 9 COTTONWOOD 19'' 30' 10 COTTONWOOD 17'' 12' 11 COTTONWOOD MULTI 30'' 16' 12 COTTONWOOD MULTI 29'' 16' 13 COTTONWOOD MULTI 31'' 28' 14 COTTONWOOD 20'' 30' 15 COTTONWOOD 20'' 24' 16 CONIFEROUS 12'' 18' 17 CONIFEROUS 16'' 20' 18 CONIFEROUS 12'' 18' 19 COTTONWOOD 10'' 14' 20 COTTONWOOD 8'' 14' 21 COTTONWOOD 5''6' 22 COTTONWOOD 6'' 8' 23 COTTONWOOD MULTI 41'' 32' 24 COTTONWOOD 17'' 24' 25 COTTONWOOD 14'' 20' 26 COTTONWOOD MULTI 29'' 26' 27 COTTONWOOD 7'' 10' 28 CONIFEROUS 8'' 16' 29 COTTONWOOD 7'' 6' 30 COTTONWOOD 9'' 10' 31 COTTONWOOD 10'' 12' 32 COTTONWOOD MULTI 29'' 30' 33 COTTONWOOD 16'' 26' 34 COTTONWOOD MULTI 31'' 30' 35 COTTONWOOD 8'' 10' 36 COTTONWOOD MULTI 44'' 34' 37 ASPEN 5''8' 38 COTTONWOOD 5''6' 39 COTTONWOOD MULTI 17'' 14' 40 COTTONWOOD 14'' 26' 41 COTTONWOOD MULTI 43'' 30' 42 COTTONWOOD 12'' 14' 43 COTTONWOOD 10'' 12' 44 COTTONWOOD 13'' 14' 45 COTTONWOOD 18'' 20' 46 COTTONWOOD 16'' 14' 47 CONIFEROUS 10'' 16' 48 CONIFEROUS 7'' 12' 49 COTTONWOOD 13'' 16' 50 COTTONWOOD 29'' 32' 51 COTTONWOOD 24'' 28' 52 ASPEN MULTI 22'' 24' 53 ASPEN MULTI 23'' 24' 54 ASPEN 12'' 18' 55 ASPEN MULTI 18'' 18' 56 ASPEN 13'' 24' 57 ASPEN MULTI 22'' 20' 58 CONIFEROUS 5'' 6' 59 CONIFEROUS 16'' 24' 60 CONIFEROUS MULTI 19'' 22' 61 CONIFEROUS 8'' 14' 62 ASPEN 8'' 12' 63 ASPEN 4'' 6' 64 ASPEN 8'' 12' 65 ASPEN 7'' 10' 66 ASPEN 8'' 12' 67 ASPEN 6'' 10' 68 ASPEN 5'' 6' 69 ASPEN 8'' 8' 70 ASPEN 8'' 10' 71 CONIFEROUS 23'' 32' 72 CONIFEROUS 17'' 30' 73 CONIFEROUS 14'' 28' 74 CONIFEROUS 7'' 12' 75 CONIFEROUS 12'' 18' 76 CONIFEROUS MULTI 16'' 18' 77 CONIFEROUS MULTI 19'' 16' 78 CONIFEROUS MULTI 40'' 28' 79 ASPEN MULTI 13'' 14' 80 CONIFEROUS 16'' 22' 81 CONIFEROUS 12'' 18' 82 CONIFEROUS MULTI 32'' 40' 83 CONIFEROUS 20'' 38' 84 CONIFEROUS 6'' 10' 85 ASPEN MULTI 6'' 8' 86 CONIFEROUS MULTI 24'' 20' 87 CONIFEROUS MULTI 32'' 34' 88 CONIFEROUS 22'' 36' 89 CONIFEROUS 18'' 34' 90 CONIFEROUS 26'' 40' 91 CONIFEROUS MULTI 23'' 26' 92 CONIFEROUS MULTI 24'' 28' 93 CONIFEROUS 12'' 18' SLOPE LEGEND 20.01% TO 30% (1,545± SQ.FT.) 30.01% TO 40% (1,862± SQ.FT.) 40% & GREATER (10,529± SQ.FT.) 0% to 20% (17,018± SQ.FT.) WATER LINE TELEPHONE LINE GAS LINE CATV LINE ELECTRIC LINE 17 7 KS, KZ A-3.1 NORTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.1 8 12 8 12 8 12 10.5 12 10.5 12 8 12 8 12 8 12 1' - 0 " 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4" -19'-0" NORTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.1 8 12 8 12 8 12 10.5 12 10.5 12 8 12 8 12 8 12 1' - 0 " 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4" -19'-0" WEST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.1 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4" -19'-0" 8 12 8 12 8 12 8 12 8 12 8 12 8 12 WEST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.1 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4" -19'-0" 8 12 8 12 8 12 8 12 8 12 8 12 8 12 BUILDING ELEVATIONS PROPOSED 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 1/4" = 1'-0" @ 30"x 55" 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION Exhibit A 178 KS VOLUMETRIC ANALYSIS 8 12 10.5 12 8 12 8 12 PER 503.6.5 GAS VENT TERMINATION FOR 12" DIA OR LESS 4' - 9 " C - EXISTING DORMERS TO BE REMOVED 8 12 8 12 8 12 A = 1413.2 FT3 B = 51.5 FT3 C = 29.5 FT3C D = 139.8 FT3 E = 722.9 FT3 8 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL 86'-7 3/4" -13'-0" HALLAM LAKE BLUFF 45° PROJECTION A B D E GAS VENT CHIMNEY TO BE BEHIND HALLAM BLUFF PLANE REMOVE C A-3.3 1/8" = 1'-0" @ 18"x 24" RENOVATIONS 844 ROARING FORK ASPEN, COLORADO Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 EXISTING TO REMAIN NEW EXISTING TO BE REMOVED VOLUME BEYOND HALLAM LAKE BLUFF PROJECTION PLANE (FT3) EXISTING 1413.2 51.5 139.8 29.5 29.5 722.9 2386.4 PROPOSED 1413.2 0.0 0.0 0.0 0.0 0.0 1413.2 A B C E C D TOTAL F G F F 40.8% REDUCTION ISSUED FOR REVIEW NOV 5,2025 Supplemental Attachment 3 179 SUPPLEMENTAL RESPONSE TO LAND USE APPLICATION 844 Roaring LLC 844 Roaring Fork Road Aspen, Colorado PID: 273512120002 19 November 2025 An application for Special Review for Non-conforming structures, Hallam Lake Bluff Review, and a Top of Slope Determination for the purpose of remodeling an existing single-family residence. Represented by: 180 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Supplemental Response to Land Use Application Special Review for Non-conforming structures, Hallam Lake Bluff Review, and a Top of Slope Determination 19 November 2025 2 TABLE OF CONTENTS • Supplemental Attachment 1 - Code Response to Sec. 26.435.040(E) Stream Margin Review, Special Review • Supplemental Attachment 2 - Demolition Calculations (unchanged) • Supplemental Attachment 3 - Updated Sheet A-3.3 – Volumetric Analysis • Supplemental Attachment 4 - City of Aspen Engineering Department Top of Slope Adjustment Memorandum of Agreement, dated 4 August 2025 • Supplemental Attachment 5 – City of Aspen Community Development Department Land Use Code Interpretation, Non-conforming structures and Hallam Lake Bluff, dated 17 November 2025 181 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Supplemental Response to Land Use Application Special Review for Non-conforming structures, Hallam Lake Bluff Review, and a Top of Slope Determination 19 November 2025 3 Project Overview 844 Roaring LLC (the "Applicant") submits this supplement to the land use application for Hallam Lake Bluff Review in connection with the remodel of the existing single-family residence. The parcel is located at 844 Roaring Fork Road, PID #: 273512120002 (the "Property"). The original application was submitted in conformance with the Pre- application Conference Summary PRE-25-013, dated 21 February 2025, and this supplement submitted in conformance with email correspondence from City of Aspen staff, dated 18 November 2025. Existing Conditions The Property is located in the Moderate Density Residential Zone District (R-15) of the City of Aspen and in the Hallam Lake Bluff Environmentally Sensitive Area (ESA). The Property contains 30,954 SF of gross lot area. The Property extends from Roaring Fork Road on the north to the Aspen Center for Environmental Studies (ACES) Hallam Lake natural area on the south. The Property is bounded on the west by a residential property and on the east by Lot 2 of the Merriam Subdivision. The existing residence encroaches into the 15-foot Hallam Lake Bluff top of slope setback area. As the demolition threshold of removing more than 40% of the structure will not occur as part of the proposed remodel, the existing floor area and location of the house in the Hallam Lake Bluff setback would be considered a legally permitted non- conformity allowed to remain. Please refer to the City of Aspen Community Development Department, Land Use Code Interpretation, Non-conforming structures and Hallam Lake Bluff, dated 17 November 2025, for additional information relating to legally permitted non-conformities in the City of Aspen. Proposed Development The applicant is proposing to remodel the existing residence and add a basement to the west of the existing residence. A portion of the existing residence on the south elevation that encroaches into the Hallam Bluff setback will be removed as part of the renovation. Dormers over windows on the south elevation have also been removed and no new dormers or other development is proposed on the southern elevation. In this manner, the overall amount of legally created, pre-existing non-conforming massing is categorically reduced. Please refer to updated Sheet A-3.3 – Volumetric Analysis for additional information. The one-story western wing of the existing structure will be reconfigured so the building's width will be reduced. 182 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Supplemental Response to Land Use Application Special Review for Non-conforming structures, Hallam Lake Bluff Review, and a Top of Slope Determination 19 November 2025 4 Supplemental Land Use Code Response Sec. 26.435.040. Stream margin review. E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regard to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and The Applicant has pursued a new top of slope determination with the City of Aspen Engineering Department. The Applicant submitted a revised survey from a licensed surveyor showing the proposed Top of Slope and 100-year flood plain. A site visit was held on 1 August 2025 with the licensed surveyor, representatives of the Applicant, and members of the City of Aspen Engineering Department. The proposed Top of Slope was agreed upon between the Engineering Staff and the Applicant. The Engineering Department has confirmed the proposed alternative Top of Slope as sufficient and consistent with the alternative and issued the Top of Slope Adjustment Memorandum of Agreement, dated 4 August 2025. 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. Not applicable as applicant is proceeding with Stream Margin Review. 183 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 A BD E F G H I N L Q S J O V R T U K M P W C X Y ROOF DEMO LEGEND EXISTING ROOF TO REMAIN ROOF TO BE REMOVED ROOF DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW ROOF DEMOLITION CALCULATIONS - RATIO METHOD ROOF AREA (SQ FT)ROOF SLOPE ADJUSTMENT ACTUAL ROOF AREA ROOF AREA TO BE REMOVED (SQ FT) A 622.83 8:12 1.2 747.40 B 237.4 10.5:12 1.328 315.27 C 289.24 8:12 1.2 347.09 D 237.4 10.5:12 1.328 315.27 E 225.95 8:12 1.2 271.14 271.14 F 138 8:12 1.2 165.60 165.60 G 190.83 8:12 1.2 229.00 229.00 H 138 8:12 1.2 165.60 165.60 I 184.67 8:12 1.2 221.60 221.60 J 208.27 8:12 1.2 249.92 249.92 K 216.99 8:12 1.2 260.39 260.39 L 104.62 8:12 1.2 125.54 125.54 M 151.29 8:12 1.2 181.55 N 172.74 8:12 1.2 207.29 O 151.29 8:12 1.2 181.55 P 87.01 0 1 87.01 Q 138.32 3:12 1.03 142.47 R 190.22 8:12 1.2 228.26 S 166.32 8:12 1.2 199.58 T 165.9 8:12 1.2 199.08 U 130.46 8:12 1.2 156.55 V 59.27 8:12 1.2 71.12 W 61.91 0 1 61.91 61.91 X 333.59 8:12 1.2 400.31 400.31 Y 123.39 8:12 1.2 148.07 ROOF SURFACE TOTAL 5,678.57 ROOF TO BE REMOVED 2,151.01 DEMOLITION TOTALS TOTAL WALL SURFACE (SQ FT)5,213.66 WALL AREA TO BE REMOVED 2,001.39 TOTAL ROOF & WALL AREA (SQ FT)10,892.23 TOTAL AREA TO BE REMOVED 4,152.40 TOTAL PERCENTAGE 38.12% WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.1 Supplemental Attachment 2 184 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 PR S Z AA CC E F G H I J K L M O EE FF A B C D N Q TU V W X Y BB GG HH C1 WALL DEMO LEGEND EXISTING WALL TO REMAIN WALL TO BE REMOVED AREA REDUCED FOR WINDOWS P Q R S T U V XW Y Z AA BB CC GG A B DD EE FF 53.13 19.18 203.34 76.7 28.65 33.3 59.11 28.6533.3 14.38 203.34 28.76 52.9 27.05 DD DD 27.05 27.05 778.03 106.38 124 124 113.85 237.46 164.47 205.48 221.15 LKJIHGCDEFHH C1 393.8191.98251.19227.51160.34251.78250.25148.19 189.14 123.58 76.8 42.37 M ON 47.28 358.56218.94 WALL DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.2 185 KS VOLUMETRIC ANALYSIS 8 12 10.5 12 8 12 8 12 PER 503.6.5 GAS VENT TERMINATION FOR 12" DIA OR LESS 4' - 9 " C - EXISTING DORMERS TO BE REMOVED 8 12 8 12 8 12 A = 1413.2 FT3 B = 51.5 FT3 C = 29.5 FT3C D = 139.8 FT3 E = 722.9 FT3 8 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" HALLAM LAKE BLUFF 45° PROJECTION A B D E GAS VENT CHIMNEY TO BE BEHIND HALLAM BLUFF PLANE REMOVE C A-3.3 1/8" = 1'-0" @ 18"x 24" RENOVATIONS 844 ROARING FORK ASPEN, COLORADO Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 EXISTING TO REMAIN NEW EXISTING TO BE REMOVED VOLUME BEYOND HALLAM LAKE BLUFF PROJECTION PLANE (FT3) EXISTING 1413.2 51.5 139.8 29.5 29.5 722.9 2386.4 PROPOSED 1413.2 0.0 0.0 0.0 0.0 0.0 1413.2 A B C E C D TOTAL F G F F 40.8% REDUCTION ISSUED FOR REVIEW NOV 5,2025 Supplemental Attachment 3 186 Memorandum TO: Patrick Rawley, patrick@rawleydesignplan.com FROM: Kyla Smits, kyla.smits@aspen.gov Engineering Department DATE: August 4, 2025 SUBJECT: Top of Slope Adjustment Memorandum of Agreement PROJECT: 844 Roaring Fork Rd The subject property, 844 Roaring Fork Rd, is within the Stream Margin Review/Hallam Lake Bluff area and subject to the rules and regulations laid out in Title 26 regarding Stream Margin/Hallam Lake Bluff Review. One such criteria is the Top of Slope and Top of Slope Setback areas. According to the Stream Margin Survey on file, the currently established Top of Slope (also referred to as Top of Bank) is shown in Exhibit A. A licensed surveyor staked out a new, proposed Top of Slope that responds to the local topography of the subject site. A site visit was conducted on August 1, 2025, to review the proposed Top of Slope. A survey exhibit depicting the proposed Top of Slope is attached as Exhibit B. Let this memo serve as record that a representative from the Engineering Department reviewed the on- site conditions and prepared survey and finds the proposed Top of Slope to be acceptable and supports the applicant’s application to change the Top of Slope. Sincerely, __________________________ Kyla Smits, CFM Project Manager Engineering Department City of Aspen Supplemental Attachment 4 187 188 G E GV P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14 " E 1 5 2 . 0 0 ' DEED=N80°2 8 ' E 1 5 2 . 0 ' N64 ° 0 6 ' 3 7 " E 4 5 . 5 0 ' DEED = N 6 2 ° 4 8 ' E 4 5 . 5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N72°4 8 ' 1 2 " E 8.45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' CH=N 7 2 ° 3 5 ' 2 4 " E 48.38' R=1417 . 4 0 ' L=48.3 8 ' CH = N 5 5 ° 0 4 ' 5 0 " E 106. 6 4 ' R=16 8 . 5 0 ' L=10 8 . 5 0 ' L=2.82' R=248.00' CH=S48°52'38"W 2.82' L=6.84' R=248.00' CH=S86°44'18"W 6.84' CHAIN-LINK F E N C E W I R E F E N C E E D G E O F W A T E R MA R S H L A N D FOUND 16' WITNESS CORNER REBAR & 1-1/4" BLUE PLASTIC CAP TNC WC PLS38215 SW CORNER OF LOT 2 MERRIAM SUBDIVISION FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS20151 FOUND STEEL T-POST W/TAG LS2376 PROPERTY LINE REF 16.6' FOUND REBAR & 1-1/2" ALUMINUM CAP STAMPED LS2376 PESMAN SE CORNER LOT 21FOUND NO. 5 REBAR FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 1 1 ' ± 2 . 6 ' ± 6.2'± 9.9'± C H A I N - L I N K F E N C E FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 3'± EAST OF FENCE FOUND NO. 5 REBAR SITE BENCH MARK FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP HAROLD JOHNSON LS9018 ON WEST EDGE OF ROCK WALL ELEVATION:7861.50 FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP ILLEGIBLE FOUND NO. 5 REBAR WEST LINE OF LOT 2 MERRIAM SUBDIVISION MER R I A M S U B D I V I S I O N SOU T H L I N E O F L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T 13.7'± 2 7 . 0 ' ± FLAGSTONE P A T I O STAC K R O C K RETA I N I N G FLAGSTONE P A T H W I N D O W W E L L FLAGSTONE WALL F L A G S T O N E GRAVEL PARKING COURT CMP DITC H F L O W L I N E GRAV E L S H O U L D E R PAVE D R O A D W A Y ROAR I N G F O R K RETAINING WALL TRASH ENCLOSURE IS 0.2'± WEST OF PROPERTY LINE F L A G S T O N E P A T H STEPS 21.2' 8 . 0 ' 3.1' 4.0 ' 6 . 5 ' 3. 8 ' 3.1' 1 . 5 ' 21.2' 3 . 0 ' 52.2' 0 . 5 ' 1.3' 8 . 6 ' 1.3' 5 . 2 ' 16.0' 5 . 4 ' 1.2' 5 . 4 ' 3.3' 6 . 0 ' 3.3' 1 5 . 9 ' 18.7' 0 . 5 ' 1.3' 1 5 . 4 ' 11.6' 6 . 1 ' 4.0' 2 4 . 2 ' 24.2' 2 1 . 2 ' 11.5' 7 . 4 ' 24.1' 1 6 . 9 ' 2.5' 1 6 . 5 ' 5.5'1 . 5 ' FLAGSTONE ROA D TWO - STORY FRAME HOUSE 844 ROARING FORK ROAD TWO - CAR GARAGE APPARENT OVERLAP AREA ASPEN CENTER FOR ENVIRONMENTAL STUDIES (SEE NOTE 8) APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION (SEE NOTE 9) APPARENT GAP AREA APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION 5 6 7 8 9 10 11 12 4 BLOCK 4 ASPEN COMPANY SUBDIVISION PLAT BOOK 2 PAGE 38 PLANTER OWNER FISHCAMP LLC LOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 PARCEL A PARCEL B OWNER ASPEN CENTER FOR ENVIRONMENTAL STUDIES RECEPTION NO. 138551 PROPERTY AREA 30,954± SQ.FT. 0.711± ACRES OWNER HALLAM SANCTUARY LLC RECEPTION NO. 623931 H A L L A M L A K E B L U F F R E V I E W A R E A NO R T H L I N E ACE S P R O P E R T Y SPECIAL SETBACK AREA BOOK 634 PAGE 18 1 2 3 4 56 7 8 9 10 1112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 4041 42 4344 45 46 47 48 49 50 51 52 5354555657 58 59 60 61 62 6364 65 66 67 68 6970 71 72 73 74 75 7677 78 79 80 81 82 83 84 85 86 878889 90 91 92 93 I V B I V B IVB IVB IVB IVB ST R E A M M A R G I N TO P O F S L O P E (S C A L E D F R O M CI T Y O F A S P E N M A P P I N G ) 7861 7861 7862 7860 7855 7850 7845 7840 7835 7830 7825 7820 7820 7 8 6 0 786 1 786 0 7860.65 FFE 7860.50 FFE 7862.0 FFE FL O O D Z O N E A E BA S E F L O O D E L E V A T I O N : 7 8 1 8 FE M A F L O O D M A P N O . 0 8 0 9 7 C 0 3 5 4 E AU G U S T 1 5 , 2 0 1 9 FL O O D Z O N E X TOP OF S L O P E AS-LOC A T E D TOP OF SLOPE STREAM MARGIN REVIEW LINE PLANNING REVIEW MAP SOPRIS ENGINEERING 03/2002 TELEPHONE PEDESTAL GV GAS VALVE GAS METER ELECTRICAL METER LANDSCAPE LIGHT G E SEWER LINE SURVEYOR 'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER IT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. NOTES: 9.ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S159 HAVING AN ELEVATION OF 7720.88. 10.CONTOUR INTERVAL EQUALS 1-FOOT. A PARCEL OF LAND SITUATED IN BLOCK 4 OF ASPEN COMPANY SUBDIVISION & BLOCK 90 OF HALLAM'S ADDITION TO THE TOWN OF ASPEN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PITKIN COUNTY PARCEL NO. 2735-121-20-002 IMPROVEMENT & TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2024-313 DATE:November 5, 2024 DRAWN RPK SURVEYED GBL SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 16' 8'32' SCALE: 1" = 16' FURNISHED PROPERTY DESCRIPTION: 0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IRRIGATION VALVE BOXIVB N LEGEND TITLE EXCEPTION NOTES: TREE TYPE TRUNK DRIP 1 COTTONWOOD 23''40' 2 COTTONWOOD 19''32' 3 CONIFEROUS 5''6' 4 COTTONWOOD 16''24' 5 COTTONWOOD 13''24' 6 COTTONWOOD 13''24' 7 COTTONWOOD 18''24' 8 COTTONWOOD 17''24' 9 COTTONWOOD 19''30' 10 COTTONWOOD 17''12' 11 COTTONWOOD MULTI 30''16' 12 COTTONWOOD MULTI 29''16' 13 COTTONWOOD MULTI 31''28' 14 COTTONWOOD 20''30' 15 COTTONWOOD 20''24' 16 CONIFEROUS 12''18' 17 CONIFEROUS 16''20' 18 CONIFEROUS 12''18' 19 COTTONWOOD 10''14' 20 COTTONWOOD 8''14' 21 COTTONWOOD 5''6' 22 COTTONWOOD 6''8' 23 COTTONWOOD MULTI 41''32' 24 COTTONWOOD 17''24' 25 COTTONWOOD 14''20' 26 COTTONWOOD MULTI 29''26' 27 COTTONWOOD 7''10' 28 CONIFEROUS 8''16' 29 COTTONWOOD 7''6' 30 COTTONWOOD 9''10' 31 COTTONWOOD 10''12' 32 COTTONWOOD MULTI 29''30' 33 COTTONWOOD 16''26' 34 COTTONWOOD MULTI 31''30' 35 COTTONWOOD 8''10' 36 COTTONWOOD MULTI 44''34' 37 ASPEN 5''8' 38 COTTONWOOD 5''6' 39 COTTONWOOD MULTI 17''14' 40 COTTONWOOD 14''26' 41 COTTONWOOD MULTI 43''30' 42 COTTONWOOD 12''14' 43 COTTONWOOD 10''12' 44 COTTONWOOD 13''14' 45 COTTONWOOD 18''20' 46 COTTONWOOD 16''14' 47 CONIFEROUS 10''16' 48 CONIFEROUS 7''12' 49 COTTONWOOD 13''16' 50 COTTONWOOD 29''32' 51 COTTONWOOD 24''28' 52 ASPEN MULTI 22''24' 53 ASPEN MULTI 23''24' 54 ASPEN 12''18' 55 ASPEN MULTI 18''18' 56 ASPEN 13''24' 57 ASPEN MULTI 22''20' 58 CONIFEROUS 5''6' 59 CONIFEROUS 16''24' 60 CONIFEROUS MULTI 19''22' 61 CONIFEROUS 8''14' 62 ASPEN 8''12' 63 ASPEN 4''6' 64 ASPEN 8''12' 65 ASPEN 7''10' 66 ASPEN 8''12' 67 ASPEN 6''10' 68 ASPEN 5''6' 69 ASPEN 8''8' 70 ASPEN 8''10' 71 CONIFEROUS 23''32' 72 CONIFEROUS 17''30' 73 CONIFEROUS 14''28' 74 CONIFEROUS 7''12' 75 CONIFEROUS 12''18' 76 CONIFEROUS MULTI 16''18' 77 CONIFEROUS MULTI 19''16' 78 CONIFEROUS MULTI 40''28' 79 ASPEN MULTI 13''14' 80 CONIFEROUS 16''22' 81 CONIFEROUS 12''18' 82 CONIFEROUS MULTI 32''40' 83 CONIFEROUS 20''38' 84 CONIFEROUS 6''10' 85 ASPEN MULTI 6''8' 86 CONIFEROUS MULTI 24''20' 87 CONIFEROUS MULTI 32''34' 88 CONIFEROUS 22''36' 89 CONIFEROUS 18''34' 90 CONIFEROUS 26''40' 91 CONIFEROUS MULTI 23''26' 92 CONIFEROUS MULTI 24''28' 93 CONIFEROUS 12''18' SLOPE LEGEND 20.01% TO 30% (1,545± SQ.FT.) 30.01% TO 40% (1,862± SQ.FT.) 40% & GREATER (10,529± SQ.FT.) 0% to 20% (17,018± SQ.FT.) WATER LINE TELEPHONE LINE GAS LINE CATV LINE ELECTRIC LINE 18 9 Supplemental Attachment 5 19 0 19 1 Bart Johnson (970) 544-4602 johnson@wcrlegal.com November 3, 2025 Ben Anderson, AICP Community Development Director City of Aspen Aspen, CO 81611 Re: Code Interpretation Request – Application of Chapter 26.312 to Structures Rendered Non- Conforming by the Height Limit Restriction Contained in Section 26.435.060 (Hallam Lake Bluff Review) Dear Ben, I am writing on behalf of my client 844 Roaring LLC (the “Applicant”)1 to request written interpretations pursuant to Chapter 26.306 of the Aspen Land Use Code (the “Code”). This request is focused on the relationship between Chapter 26.312.030 of the Code concerning non-conforming structures and Section 26.435.060 of the Code imposing special height and setback restrictions for properties within the Hallam Lake Bluff area. There are definitions and provisions of the Code that provide important context for this request as follows: •The term “nonconforming structure” is defined in the Code as: A structure which was originally constructed in conformity with zoning and building codes or ordinances in effect at the time of its development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. •Section 26.312.010 of the Code provides: Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. •Section 26.312.030(a) of the Code provides: A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. •Section 26.312.030(f)(2) of the Code permits the replacement of a purposely destroyed portion of a nonconforming structure in certain circumstances. Specifically, a portion of a nonconforming structure “which is purposely destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement is approved pursuant to the provisions of Chapter 26.430, Special Review.”2 1 My authority as the Applicant’s lawyer was established on the record in the Planning and Zoning Commission hearing held on October 29, 2025. If additional evidence of my authority to submit this request on behalf of the Applicant is required, I will be happy to provide it. 2 This letter should not be construed as conceding that the Special Review provisions of Section 26.430 of the Code apply to the Applicant’s proposed development. As explained to the Planning and Zoning Commission, the Applicant believes the Special Review provisions should not apply because the Applicant is, on the whole, proposing to remove Exhibit A 192 Ben Anderson, AICP November 3, 2025 Page 2 4910-8867-1607, v. 1 •The term “this Title” refers to the entirety of Title 26 of the Aspen Municipal Code and is referred to in total as the “Aspen Land Use Code” or the “LUC”. See Section 26.104.010 of the Code. •Section 26.435.060 of the Code establishes dimensional limitations in the form of setback and height restrictions for properties located within the Hallam Lake Bluff area described in Section 26.435.060(a). Some of the pre-existing structures located along the Hallam Lake Bluff are nonconforming as to these setback and/or height restrictions. This request for interpretation has been spurred by a surprising reading of the foregoing Code provisions by several members of the Aspen Planning and Zoning Commission at their public hearing on October 29, 2025 in considering an application submitted by the Applicant. These commissioners concluded that they could not support the application because in their view the dimensional limitations applicable in the Hallam Lake Bluff area pursuant to Section 26.435.060 of the Code must be read independently of, and as superseding, the provisions of Section 26.312.030(f)(2) that allow the replacement of a purposely destroyed portion of a nonconforming structure in certain circumstances. First Request for Interpretation: Does the term “nonconforming structure” as defined in Section 26.104.100 the Code include structures that were originally constructed in conformity with the Code but which are now nonconforming due to the setback and height dimensional limitations that apply to the Hallam Lake Bluff area pursuant to Section 26.435.060 of the Code? Second Request for Interpretation: Do existing legally constructed structures within the Hallam Lake Bluff area that are nonconforming due to the setback and/or height limitations contained in Section 26.435.060 of the Code qualify to be continued pursuant to Section 26.312.030(a) of the Code? Third Request for Interpretation. Do existing legally constructed structures within the Hallam Lake Bluff area that are nonconforming due to the setback and/or height limitations contained in Section 26.435.060 of the Code qualify for consideration to be replaced pursuant to Section 26.312.030(f)(2) of the Code? Thank your for your consideration of these requests of interpretation. I look forward to your response. Sincerely, Bart Johnson for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP cc: James R. True, Esq. Haley Hart, AICP Patrick Dovigi Patrick Rawley Mark Hardeman Cristof Eigelberger but not replacing non-conforming elements of the home and is therefore reducing the amount of nonconformity. 193 LAND USE APPLICATION 844 Roaring LLC 844 Roaring Fork Road Aspen, Colorado PID: 273512120002 2 May 2025 An application for Hallam Lake Bluff Review. Represented by: 194 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 2 TABLE OF CONTENTS • Project Overview and Code Response • Attachment 1 – City of Aspen Community Development Department Land Use Application • Attachment 2 - Vicinity Map and Parcel Description • Attachment 3 - Improvement Survey • Attachment 4 – Site Plan, Site Section, Architectural Plans, Landscape Plan, and Exterior Lighting Plan • Attachment 5 – Civil Engineering Report and Preliminary Civil Site Plan • Attachment 6 – Demolition Calculations • Attachment 7 – Tree Assessment Report • Attachment 8 - Previous Approvals • Attachment 9 - Proof of Ownership • Attachment 10 - Letter of Authorization • Attachment 11 – Statement of Authority • Attachment 12 –Homeowner Association Compliance Form • Attachment 13 - Adjacent Property Owners within 300 feet • Attachment 14 - Pre-application Conference Summary 195 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 3 Project Overview 844 Roaring LLC (the “Applicant”) submits this land use application for Hallam Lake Bluff Review in connection with the remodel of the existing single-family residence. The parcel is located at 844 Roaring Fork Road, PID #: 273512120002 (the “Property”). This application is submitted in conformance with the Pre -application Conference Summary PRE-25-013, dated 21 February 2025. Existing Conditions The Property is located in the Moderate Density Residential Zone District (R-15) of the City of Aspen and in the Hallam Lake Bluff Environmentally Sensitive Area (ESA). The Property contains 30,954 SF of gross lot area. The Property extends from Roaring Fork Road on the north to the Aspen Center for Environmental Studies (ACES) Hallam Lake natural area on the south. The Property is bounded on the west by a residential property and on the east by Lot 2 of the Merriam Subdivision. The existing development consists of a two (2) story single-family residence of approximately 5,260 SF. A Certificate of Occupancy (CO) was issued in 2001 for a 6,038 SF residence. The CO has been made a part of this application with other previous approvals. Taking into account the areas of steep slope, net lot area is calculated to be 17,790 SF. This allows 4,667 SF of floor area per current City of Aspen calculation methodology. The existing residence encroaches into the 15-foot Hallam Lake Bluff top of slope setback area. As the demolition threshold of removing more than 40% of the structure will not occur as part of the proposed remodel , the existing floor area and location of the house in the Hallam Lake Bluff setback would be considered a legally permitted non - conformity allowed to remain. The Si Johnson—RF Road Ditch crosses in front of the Property beyond the northern property boundary. A number of mature coniferous and deciduous trees surround the existing residence. A tree assessment report has been prepared and included in this application. The City of Aspen Planning and Zoning Department approved the current residence's location and development via Resolution 95-43, which is also included in this application. Proposed Development The applicant is proposing to remodel the existing residence and add a basement to the west of the existing residence. A portion of the existing residence on the south elevation that encroaches into the Hallam Bluff setback will be removed as part of the renovation. The one-story western wing of the existing structure will be reconfigured so the building’s width will be reduced. The proposed subgrade basement will have egress window wells. The area of exposure created by the window wells will cause a portion of the new subgrade space to count 196 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 4 toward the calculation of floor area. However, the floor area of the existing residence has been reduced so that the total floor area of the residence will not be increased. Preliminary civil engineering studies have been prepared to ensure that all stormwater can be mitigated within the Property. Coupled with the arborist report that was engaged to inform a sensitive approach to the site redevelopment, including the provision of new services, the team has carefully considered the impacts of the proposed development. The Applicant looks forward to working with City of Aspen staff in connection with this application. 197 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 5 Land Use Code Response PART 300 - GENERAL PROCEDURES AND REGULATIONS Chapter 26.304. - COMMON DEVELOPMENT REVIEW PROCEDURES Sec. 26.304.010. - General. This Chapter sets out the common procedures for review of all development applications, unless otherwise specifically stated. Generally, all proposed development shall be subject to the following six (6) step approval process. (a) A pre-application conference between the applicant and a staff member of the Community Development Department; (b) Submission of the development application and fees by the applicant; (c) Determination of completeness and review of the development application by the Community Development Director; (d) Review of the development application by the relevant decision -making body; (e) Receipt of a development order or certificate of zoning compliance; and (f) Receipt of a building permit. The Applicant is familiar with the common development review procedures of the City of Aspen. A pre-application conference was held and this application is submitted in conformance with the pre-application conference summary dated 21 February 2025. Following the application being deemed complete by staff, the Applicant will pay all applicable fees. Per the pre-application conference summary, no public hearing is required, and approvals will be rendered by the Community Development Director. Following approval, the Applicant will immediately pursue a building permit for the approved improvements. Sec. 26.312.030. - Non-conforming structures. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. The current single-family residence is a permitted use in the R-15 zone district and is considered a pre-existing non-conformity with regard to floor area and location within the Hallam Lake Bluff setback. A CO was issued for the existing residence in 2001. This CO provided for a 6,038 SF residence. The Planning Commission has reviewed and approved the location of the existing house. The Applicant understands that these non-conformities may be maintained but cannot be expanded. The proposed work will in fact reduce the non-conformity of both overall floor area as well as encroachments into the Hallam Lake Bluff setback. (b) Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 198 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 6 The proposed development will not enlarge or expand the current nonconformity of the Property. Certain aspects of the nonconformity will be reduced by the proposed development. (c) Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. Not applicable. (d) Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized City official, but which an owner wishes to restore, repair or rebuil d shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. Not applicable. (e) Ability to restore. (1) Non-purposeful destruction. Any nonconforming structure that is Demolished, or portion thereof which is destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty -four (24) months of the date of Demolition or destruction. Not applicable. (2) Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unl ess replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) mont hs of the date of demolition or destruction. Not applicable. The demolition threshold is not being met. Sec. 26.435.060. - Hallam Lake Bluff review. (a) Applicability. All development in that bluff area running approximately on a north -south axis bordering and/or overlooking the Aspen Center for Environmental Studies Nature Preserve and bounded on the east by the 7,850-foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision and on the south by the centerline of West Francis Street, shall be subj ect to the review standards as set forth in this Section. The Property falls within the applicable Hallam Lake Bluff review area and thus is subject to review standards of the Hallam Lake Bluff review. The application meets the exemption criteria of Section 26.435.060.b.2 as provided below. 199 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 7 (b) Exemption. The Community Development Director may exempt the following types of development within the Hallam Lake Bluff review area: (1) Construction of public trails or improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Hallam Lake Bluff review standards. Not Applicable. (2) The expansion, remodeling or reconstruction of an existing development provided the following standards are met: The proposed development is thirty (30) feet or further from the top -of-slope and not exceeding the progressive height limit delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-of-slope; or, the development is obscured from the rear slope by other structures as determined by a site section provided pursuant to review standard (c)(7) below. As previously approved by the City of Aspen Planning Commission, the existing residence is located within thirty (30) feet from the top-of-slope. The proposed development makes modifications to the structure so that no aspect of the remodeled residence will exceed the progressive height limit delineated by the forty-five (45) degree angle line drawn from ground level at top-of-slope. Certain features are also being removed so that encroachments of the existing residence are reduced. The Applicant requests an exemption from the Hallam Lake Bluff review as the current residence location and development was approved by the City of Aspen Planning and Zoning Department via Resolution 95-43. (c) Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: (1) No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. There is no development, excavation, or fill proposed to take place below the top of slope. Only native plantings will be located within the area below the top of slope. (2) All development within the 15-foot setback from the top of slope shall be at grade. Any proposed development not at grade within the 15 -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top -of- slope setback will create an unworkable design problem. b. Any intrusion into the top -of-slope setback or height limit is minimized to the greatest extent possible. 200 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 8 c. Other parts of the structure or development on the site are located outside the top-of-slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. The proposed development involves removing portions of the existing residence that are currently within the 15-foot top-of-slope setback. All aspects of the remodeled residence will be out of the 15-foot setback. Existing at-grade patios and footpaths will remain. (3) All development outside the 15-foot setback from top of slope shall not exceed a height delineated by a line drawn at a 45-degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. The proposed development will not exceed the 45-degree height delineation. See Site Section included in Attachment 4. (4) A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty percent (50%) of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. A landscape plan has been included as a part of this application as a part of Attachment 4. The plan meets screening requirements with the maintenance, to the extent possible, of the existing native screening. Enhancements to the screening may be made in the future. Any enhancements will be with native plant materials. (5) All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with Chapter 26.512 - Outdoor lighting. A lighting plan shall be submitted with all development applications. All proposed exterior lighting is compliant with code requirements . No lighting is directed toward the nature preserve , and lighting will not to be located down the slope. The lighting plan has been included as a part of Attachment 4. (6) No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. Fill material and debris will not be placed on the face of the slope. Historic drainage patterns and rates will be maintained. A preliminary stormwater management plan has been prepared and made a part of this application as Attachment 5. To the extent that they are present on the Property, pools and hot tubs will not be drained down the slope. 201 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 9 (7) Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. Site sections showing existing and proposed site elements, top of slope, and elevations have been included as part of this application as Attachment 4. Sec. 26.575.020. - Calculations and Measurements. (a) Purpose. This Section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconi es, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100—Definitions. (b) Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component. For example, if a deck is permitted to be developed within five (5) feet of a property boundary and a garage must be a minimum of ten (10) feet from the same property boundary, a garage with a deck on top of it may not be developed any closer than ten (10) fee t from the property boundary or otherwise produce an aggregated structural component that extends beyond the setback limit of a garage. Non-conforming aspects of a property or structure are limited to the specific physical nature of the non-conformity. For example, a one-story structure which extends into the setback may not be developed with a second-story addition unless the second story complies with the required setback. Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non-conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck are a that exceeds the amount which may be exempted from floor area cannot convert deck space into additional interior space. The applicant understands the limitations of height, setback, and other dimensional requirements. The proposed development meets the requirements prescribed by these limitations. The non-conforming aspects of the existing development are not proposed to be expanded in any way in connection with the proposed development. (c) Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. Net lot area considering the presence of limiting features, including the area of steep slope as determined by surveying data, has been calculated to be 17,790.5 SF. (d) Measuring Floor Area. In measuring Floor Areas (Inclusive of Gross, Allowable, Mitigation, and Floor Area Ratio (FAR), the following applies: (1) Floor Area Definitions and Purpose. a. Floor area. A general term used to describe the sum total of the gross horizontal areas of each story of the building measured from the exterior walls 202 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 10 of the building. Floor Area is distinct from the specific definitions below, but may include Gross Floor Area, Mitigation Floor Area, Allowable Floor Area. See specific definitions of each type below for additional clarity . The existing Floor area is calculated as follows: Lower Level: 44 SF Main Level: 3,537 SF Upper Level: 1,503 SF Garage: 176 SF Total: 5,260 SF The proposed floor area is calculated as follows: Lower Level: 139 SF Main Level: 3,662 SF Upper Level: 1,275 SF Garage: 176 SF Total: 5,252SF (2)Vertical circulation. 127 SF of stairwell is excluded from Floor Area calculations. (3)Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor framing which is accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. The 274 SF of existing attic space is excluded from Floor Area calculations. (4)Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing porches. The 48 SF of existing deck space is excluded from Floor Area calculations. (5)Front Porches. Porches on Street-facing façade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. Not Applicable. The development does not include a front porch. 203 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 11 (6) Patios. Patios developed at or within six (6) inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four (4) feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four (4) feet, the entire feature counts toward Floor Area. Railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features located on patios shall count toward deck calculation. (7) Garages and carports. Garage 551 SF 250 SF - 100% exempt 250 SF - 50% exempt: 125 SF Remaining SF – nonexempt: 51 SF 176 SF of garage area is included in the Floor Area calculation. (9) Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above natural or finished grade, whichever is lower, divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Of the 1,082 SF of the lower level contained in the existing residence, 4.05% of the walls are exposed. Therefore, 44 SF is calculated as non-exempt. Of the 6,046 SF of the lower level contained in the proposed remodeled residence, 2.3% of the walls are exposed. Therefore, 139 SF is calculated as nonexempt. Sec. 26.710.050. - Moderate-Density Residential (R-15). (a) Purpose. The purpose of the Moderate-Density Residential (R-15) Zone District is to provide areas for long-term residential purposes, Short-term Rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residenti al uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate-Density Residential (R-15) Zone District. As a single-family residential property, the development is consistent with the purpose of the R-15 zone district. No aspect of the proposed redevelopment could be categorized as a use outside of the stated purpose of the R-15. (b) Permitted uses. The following uses are permitted as of right in the Moderate -Density Residential (R-15) Zone District. (1) Detached residential dwelling. 204 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 12 (2) Duplex. (3) Two (2) detached residential dwellings. (4) Triplex or Fourplex, if 100% Deed-Restricted Affordable Housing. (5) Existing multi-family housing, if One Hundred (100) Percent Deed -Restricted Affordable Housing. Existing multi-family housing that is not One Hundred (100) Percent Deed-Restricted Affordable Housing remains a nonconforming use. New multi-family housing is not permitted, except for triplexes and fourplexes as described in subsection (4) above. (6) Home occupations. (7) Accessory buildings and uses. (8) Accessory dwelling units and carriage houses meeting the provisions of Section 26.520.040. (9) Short-term Rentals. Pursuant to Chapter 26.530. The development is categorized as a detached residential dwelling and thus is permitted by right in the R-15 zone district. (c) Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R-15) Zone District, subject to the standards and procedures established in Chapter 26.425: (1) Arts, cultural and civic uses. (2) Academic uses. (3) Agricultural uses. (4) Recreational uses. (5) Group home. (6) Child care center. (7) For historic landmark properties: bed and breakfast and boardinghouse. Not Applicable. The Applicant is not proposing to use the Property for any of these purposes. (d) Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-15) Zone District. (1) Minimum Gross Lot Area (square feet): 15,000 For lots created by Section 26.480.060(b), Historic landmark lot split: 3,000 For properties that include or are proposed for One Hundred (100) Percent Deed - Restricted Affordable Housing: 3,000 The Property has a gross lot area of 30,954 SF, meeting the minimum gross lot area requirement. (2) Minimum Net Lot Area per dwelling unit (square feet): a. Detached residential dwelling: 15,000 For historic landmark properties: 3,000 The Property has a net lot area of 17,790 SF, making it suitable for its use as a detached residential dwelling. (3) Minimum lot width (feet): 75 For lots created by Section 26.480.030(a)(4), Historic landmark lot split: 30 205 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 13 For lots proposed for One Hundred (100) Percent Deed -Restricted Affordable Housing: 30 The Property width exceeds the 75-foot minimum. (4) Minimum front yard setback (feet): a. Residential dwellings: 25 b. Accessory buildings and all other buildings: 30 The existing and proposed development is not within the 25-foot front yard setback. (5) Minimum side yard setback (feet): 10 The existing and proposed development is not within the 10-foot side yard setback. (6) Minimum rear yard setback (feet): a. Principal buildings: 10 b. Accessory buildings: 5 The existing and proposed development is not within the 10-foot rear yard setback. (7) Maximum height (feet): 25 The existing and proposed development height does not exceed the 25- foot maximum. (8) Minimum distance between detached buildings on the lot (feet): 10 Not Applicable. There is only one (1) building on the lot. (9) Percent of open space required for building site: No requirement. Net Lot Area (Square Feet) Allowable Floor Area for a Single-Family Residence* 0-3,000 80 square feet of floor area for each 100 square feet in Net Lot Area, up to a maximum of 2,400 square feet of floor area 3,000-9,000 2,400 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in Net Lot Area, up to a maximum of 4,080 square feet of floor area 9,000-15,000 4,080 square feet of floor area, plus 7 square feet of floor area for each additional 100 square feet in Net Lot Area, up to a maximum of 4,500 square feet of floor area 206 844 Roaring LLC 844 Roaring Fork Road, Aspen, Colorado PID: 273512120002 Hallam Lake Bluff Review 2 May 2025 14 (10) External floor area ratio (applies to conforming and nonconforming lots of record): a. Single-Family, Duplex or Two (2) Detached Dwellings. *Total external floor area for multiple detached residential dwellings on one (1) lot shall not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed on the inventory of historic landmark sites and structures shall not exceed the floor area allowed for one (1) detached residential dwelling. Taking into account the areas of steep slope, the net lot area is calculated to be 17,790 SF. This allows 4,667 SF of floor area per the current City of Aspen calculation methodology. 15,000-50,000 4,500 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in Net Lot Area, up to a maximum of 6,600 square feet of floor area 50,000+ 6,600 square feet of floor area, plus 2 square feet of floor area for each additional 100 square feet in Net Lot Area 207 LAND USE APPLICATION PACKET Name: __________________________________________________________________________________ Location: ________________________________________________________________________________ _______________________________________________________________________________________ (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID #: ______________________________________________________________________________ PROJECT: Name: __________________________________________________________________________________ Address: ________________________________________________________________________________ Phone # : _______________________ E-mail: __________________________________________________ APPLICANT: Name: __________________________________________________________________________________ Address: ________________________________________________________________________________ Phone # : _______________________ E-mail: __________________________________________________ REPRESENTATIVE: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 LAND USE APPLICATION FORM Attachment 1 208 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 DIMENSIONAL REQUIREMENTS FORM LAND USE APPLICATION PACKET Project: __________________________________________________________________________________________ Applicant: ________________________________________________________________________________________ Project Location: ___________________________________________________________________________________ Zone District: _____________________________________________________________________________________ Lot Size: _________________________________________________________________________________________ Gross Lot Area:________________________________ Net Lot Area:_________________________________________ For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code. Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variations being requested): 209 City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 DIMENSIONAL REQUIREMENTS FORM LAND USE APPLICATION PACKET Commercial net leaseable: Existing: _____________ Proposed: _____________ Number of Lodge Pillows: Existing: _____________ Proposed: _____________ Number of Lodge Units: Existing: _____________ Proposed: _____________ Number of residential units: Existing: _____________ Proposed: _____________ Number of Free-Market residential units: Existing: _____________ Proposed: _____________ Number of Affordable residential units: Existing: _____________ Proposed: _____________ Proposed % of demolition: ________________ % DIMENSIONS: Write N/A where no requirements exists in the zone district. Floor Area: Existing: _____________ Allowable: _____________ Proposed: _____________ Height Principal Building: Existing: _____________ Allowable: _____________ Proposed: _____________ Accessory Building: Existing:_____________ Allowable: _____________ Proposed: _____________ On-Site Parking: Existing: _____________ Allowable: _____________ Proposed: _____________ % Site Coverage: Existing: _____________ Allowable: _____________ Proposed: _____________ % Open Space: Existing: _____________ Allowable: _____________ Proposed: _____________ Front Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Rear Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Combined Front/Rear: Existing: _____________ Allowable: _____________ Proposed: _____________ Indicate N, S, E, W Side Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Side Setback: Existing: _____________ Allowable: _____________ Proposed: _____________ Combined Front/Rear: Existing: _____________ Allowable: _____________ Proposed: _____________ Distance between Buildings: Existing: _____________ Allowable: _____________ Proposed: _____________ 210 LAND USE APPLICATION PACKET TYPE OF APPLICATION ESA Review (Stream Margin, 8040 Greenline, View Plane, or Hallam Lake Bluff) Non Conformities Pre-Development Topography Temporary Use Accessory Dwelling Unit/Carriage House Dimensional Variance Growth Management Review Outdoor Vending Planned Development Review Certificates of Affordable Housing Credit Establishment of Zoning or Rezoning Subdivision Review Condominiumization Approval Documents Special Review Wireless Facilities Residential Design Standard Review Conditional Use Review Historic Designation Certificate of Appropriateness Minor Historic Development Major Historic Development (select one below) Conceptual Development Final Development Relocation (temporary, on or off-site) Demolition (total demolition) Substantial Historic Preservation Amendment Historic Landmark Lot Split Establishment of Transferable Development Rights (TDRs) Other City of Aspen | City Hall, 427 Rio Grande Place Aspen, CO 81611 | (970) 920-5000 HISTORIC PRESERVATION REVIEWS 211 4,800 800.0 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0800.0400.00 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 3:07 PM 04/10/25 at http://www.pitkinmapsandmore.com Road State Highway Primary Road Secondary Road Service Road Rivers and Creeks Continuous Intermittent River, Lake or Pond Town Boundary Federal Land Boundary BLM State of Colorado USFS Attachment 2 212 View Map 844 ROARING LLC 135 YORKVILLE AVE #800 TORONTO ONTARIO M5R 0C7 CANADA Building #1 Building Type COA 4-8 GOOD/V GOOD (DEP 03) Property Class SINGLE FAM RES-IMPROVEMEN Architectural Style 2 STORY Stories 2 Frame WOOD FRAME Actual Year Built 1997 Effective Year Built 1998 Finish Basement Area 814 Finished Garage 576 First Floor 3,221 Second Floor 1,091 Total Heated SqFt 5,126 Bedrooms 4 Baths 5 Heating Fuel GAS Heating Type RADIANT FLOOR HEAT Air Conditioning NONE Roof Type GABLE/HIP Roof Cover WD SHINGLE Construction Quality V GOOD Exterior Wall WOOD SD GO STONE VEN Interior Wall DRYWALL Floor CUT STONE BASE Neighborhood NORTH WEST END ASPEN Super Neighborhood CITY OF ASPEN Summary Account R005672 Parcel 273512120002 Property Address 844 ROARING FORK RD, ASPEN, CO 81611 Legal Description Subdivision: ASPEN COMPANY Block: 4 Lot: 5 THRU:- Lot: 11 Section: 12 Township: 10 Range: 85 PARCEL A: ALL OF LOTS 5, 6, 7, 8 AND 9, BLOCK 4, ASPEN COMPANY SUB AND THAT PART OF LOTS 10 AND 11, BLOCK 4, ASPEN COMPANY SUB LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 11 WHENCE THE MOST NORTHERLY CORNER OF SAID RCEL B: A TRACT OF LAND SITUATED IN THE NE4 SEC 12-10-85 DESC BY BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF BLOCK 90 OF THE HALLAM'S ADDITION TO THE TOWN OF ASPEN, COLORADO WHENCE CORNER #11 OF THE FOWLER PLACER, U.S. MINERAL SURVEY #6786 BEARS SOUTH 22°16' WEST 221.7 FEET; THENCE SOUTH 20°57' EAST 63.0 FEET; THENCE NORTH 80°28' EAST 152.0 FEET; THENCE NORTH 62°48' Property Type RESIDENTIAL Acres 0 Land SqFt 30,520 Tax Area 001 Mill Levy 32.875 Subdivision ASPEN COMPANY Neighborhood "NORTH ""WEST END"" ASPEN" Super Neighborhood CITY OF ASPEN Owners Land Unit Type SINGLE FAM. RES. - LAND Land Size Acres 0 Land Size SqFt 30,520 Buildings Pitkin County Assessor 4/10/25, 3:05 PM qPublic.net - Pitkin County Assessor - Report: R005672 https://qpublic.schneidercorp.com/Application.aspx?AppID=1071&LayerID=26013&PageTypeID=4&PageID=10533&KeyValue=R005672 1/3213 Code Description Year Built Area 106 KITCHEN - EXCELLENT 1998 1 1500 FIREPL - VERY GOOD 1998 4 1517 STM SHWR - VERY GOOD 1998 2 1616 CUSTOM TUB - VERY GOOD 1998 2 1520 WETBAR - VERY GOOD 1998 1 Assessed Year 2024 2023 2022 2021 Land Actual $13,969,200.00 $13,969,200.00 $8,500,000.00 $8,500,000.00 Improvement Actual $10,959,200.00 $10,959,200.00 $5,970,300.00 $5,970,300.00 Total Actual $24,928,400.00 $24,928,400.00 $14,470,300.00 $14,470,300.00 Assessed Year 2024 2023 2022 2021 Land Assessed $935,940.00 $935,940.00 $590,750.00 $607,750.00 Improvement Assessed $734,270.00 $734,270.00 $414,940.00 $426,880.00 Total Assessed $1,670,210.00 $1,670,210.00 $1,005,690.00 $1,034,630.00 Sale Date Deed Type Reception Number Book - Page Sale Price 1/30/2025 SPECIAL WARRANTY DEED 707515 $32,000,000 Extra Features Actual Values Assessed Values Sales Photos 4/10/25, 3:05 PM qPublic.net - Pitkin County Assessor - Report: R005672 https://qpublic.schneidercorp.com/Application.aspx?AppID=1071&LayerID=26013&PageTypeID=4&PageID=10533&KeyValue=R005672 2/3214 Map View Pitkin County presents the information and data on this web site as a service to the public. 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Assessing accuracy and reliability of information and data is the sole responsibility of the user. | User Privacy Policy | GDPR Privacy Notice Last Data Upload: 4/10/2025, 4:36:47 AM Contact Us Developed by 4/10/25, 3:05 PM qPublic.net - Pitkin County Assessor - Report: R005672 https://qpublic.schneidercorp.com/Application.aspx?AppID=1071&LayerID=26013&PageTypeID=4&PageID=10533&KeyValue=R005672 3/3215 G E GV P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14 " E 1 5 2 . 0 0 ' DEED=N80°2 8 ' E 1 5 2 . 0 ' N64 ° 0 6 ' 3 7 " E 4 5 . 5 0 ' DEED = N 6 2 ° 4 8 ' E 4 5 . 5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N72°4 8 ' 1 2 " E 8.45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' CH=N 7 2 ° 3 5 ' 2 4 " E 48.38' R=1417 . 4 0 ' L=48.3 8 ' CH = N 5 5 ° 0 4 ' 5 0 " E 106. 6 4 ' R=16 8 . 5 0 ' L=1 0 8 . 5 0 ' L=2.82' R=248.00' CH=S48°52'38"W 2.82' L=6.84' R=248.00' CH=S86°44'18"W 6.84' CHAIN-LINK F E N C E W I R E F E N C E E D G E O F W A T E R MA R S H L A N D FOUND 16' WITNESS CORNER REBAR & 1-1/4" BLUE PLASTIC CAP TNC WC PLS38215 SW CORNER OF LOT 2 MERRIAM SUBDIVISION FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS20151 FOUND STEEL T-POST W/TAG LS2376 PROPERTY LINE REF 16.6' FOUND REBAR & 1-1/2" ALUMINUM CAP STAMPED LS2376 PESMAN SE CORNER LOT 21FOUND NO. 5 REBAR FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 1 1 ' ± 2 . 6 ' ± 6.2'± 9.9'± C H A I N - L I N K F E N C E FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 3'± EAST OF FENCE FOUND NO. 5 REBAR SITE BENCH MARK FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP HAROLD JOHNSON LS9018 ON WEST EDGE OF ROCK WALL ELEVATION:7861.50 FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP ILLEGIBLE FOUND NO. 5 REBAR WEST LINE OF LOT 2 MERRIAM SUBDIVISION MER R I A M S U B D I V I S I O N SOU T H L I N E O F L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T 13.7'± 2 7 . 0 ' ± FLAGSTONE P A T I O STAC K R O C K RETA I N I N G FLAGSTONE P A T H W I N D O W W E L L FLAGSTONE WALL F L A G S T O N E GRAVEL PARKING COURT CMP DITC H F L O W L I N E GRAV E L S H O U L D E R PAVE D R O A D W A Y ROAR I N G F O R K RETAINING WALL TRASH ENCLOSURE IS 0.2'± WEST OF PROPERTY LINE F L A G S T O N E P A T H STEPS 21.2' 8 . 0 ' 3.1' 4.0 ' 6 . 5 ' 3. 8 ' 3.1' 1 . 5 ' 21.2' 3 . 0 ' 52.2' 0 . 5 ' 1.3' 8 . 6 ' 1.3' 5 . 2 ' 16.0' 5 . 4 ' 1.2' 5 . 4 ' 3.3' 6 . 0 ' 3.3' 1 5 . 9 ' 18.7' 0 . 5 ' 1.3' 1 5 . 4 ' 11.6' 6 . 1 ' 4.0' 2 4 . 2 ' 24.2' 2 1 . 2 ' 11.5' 7 . 4 ' 24.1' 1 6 . 9 ' 2.5' 1 6 . 5 ' 5.5'1 . 5 ' FLAGSTONE ROA D TWO - STORY FRAME HOUSE 844 ROARING FORK ROAD TWO - CAR GARAGE APPARENT OVERLAP AREA ASPEN CENTER FOR ENVIRONMENTAL STUDIES (SEE NOTE 8) APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION (SEE NOTE 9) APPARENT GAP AREA APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION 5 6 7 8 9 10 11 12 4 BLOCK 4 ASPEN COMPANY SUBDIVISION PLAT BOOK 2 PAGE 38 PLANTER OWNER FISHCAMP LLC LOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 PARCEL A PARCEL B OWNER ASPEN CENTER FOR ENVIRONMENTAL STUDIES RECEPTION NO. 138551 PROPERTY AREA 30,954± SQ.FT. 0.711± ACRES OWNER HALLAM SANCTUARY LLC RECEPTION NO. 623931 H A L L A M L A K E B L U F F R E V I E W A R E A ( S C A L E D F R O M C I T Y O F A S P E N M A P P I N G ) NOR T H L I N E ACE S P R O P E R T Y SPECIAL SETBACK AREA BOOK 634 PAGE 18 1 2 3 4 56 7 8 9 10 1112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 4041 42 4344 45 46 47 48 49 50 51 52 5354555657 58 59 60 61 62 6364 65 66 67 68 6970 71 72 73 74 75 7677 78 79 80 81 82 83 84 85 86 878889 90 91 92 93 I V B I V B IVB IVB IVB IVB ST R E A M M A R G I N TO P O F S L O P E (S C A L E D F R O M CI T Y O F A S P E N M A P P I N G ) 7861 7861 7862 7860 7855 7850 7845 7840 7835 7830 7825 7820 7820 7 8 6 0 786 1 786 0 7860.65 FFE 7860.50 FFE 7862.0 FFE FL O O D Z O N E A E BA S E F L O O D E L E V A T I O N : 7 8 1 8 FE M A F L O O D M A P N O . 0 8 0 9 7 C 0 3 5 4 E AU G U S T 1 5 , 2 0 1 9 FL O O D Z O N E X TELEPHONE PEDESTAL GV GAS VALVE GAS METER ELECTRICAL METER LANDSCAPE LIGHT G E SEWER LINE SURVEYOR 'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER IT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. NOTES: 9. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S159 HAVING AN ELEVATION OF 7720.88. 10. CONTOUR INTERVAL EQUALS 1-FOOT. A PARCEL OF LAND SITUATED IN BLOCK 4 OF ASPEN COMPANY SUBDIVISION & BLOCK 90 OF HALLAM'S ADDITION TO THE TOWN OF ASPEN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PITKIN COUNTY PARCEL NO. 2735-121-20-002 IMPROVEMENT & TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2024-313 DATE:November 5, 2024 DRAWN RPK SURVEYED GBL SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 16' 8'32' SCALE: 1" = 16' FURNISHED PROPERTY DESCRIPTION: 0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IRRIGATION VALVE BOXIVB N LEGEND TITLE EXCEPTION NOTES: TREE TYPE TRUNK DRIP 1 COTTONWOOD 23'' 40' 2 COTTONWOOD 19'' 32' 3 CONIFEROUS 5'' 6' 4 COTTONWOOD 16''24' 5 COTTONWOOD 13''24' 6 COTTONWOOD 13''24' 7 COTTONWOOD 18''24' 8 COTTONWOOD 17'' 24' 9 COTTONWOOD 19'' 30' 10 COTTONWOOD 17'' 12' 11 COTTONWOOD MULTI 30'' 16' 12 COTTONWOOD MULTI 29'' 16' 13 COTTONWOOD MULTI 31'' 28' 14 COTTONWOOD 20'' 30' 15 COTTONWOOD 20''24' 16 CONIFEROUS 12''18' 17 CONIFEROUS 16'' 20' 18 CONIFEROUS 12''18' 19 COTTONWOOD 10''14' 20 COTTONWOOD 8''14' 21 COTTONWOOD 5'' 6' 22 COTTONWOOD 6'' 8' 23 COTTONWOOD MULTI 41''32' 24 COTTONWOOD 17'' 24' 25 COTTONWOOD 14''20' 26 COTTONWOOD MULTI 29'' 26' 27 COTTONWOOD 7'' 10' 28 CONIFEROUS 8'' 16' 29 COTTONWOOD 7'' 6' 30 COTTONWOOD 9'' 10' 31 COTTONWOOD 10''12' 32 COTTONWOOD MULTI 29'' 30' 33 COTTONWOOD 16'' 26' 34 COTTONWOOD MULTI 31'' 30' 35 COTTONWOOD 8'' 10' 36 COTTONWOOD MULTI 44'' 34' 37 ASPEN 5'' 8' 38 COTTONWOOD 5'' 6' 39 COTTONWOOD MULTI 17'' 14' 40 COTTONWOOD 14''26' 41 COTTONWOOD MULTI 43'' 30' 42 COTTONWOOD 12'' 14' 43 COTTONWOOD 10'' 12' 44 COTTONWOOD 13'' 14' 45 COTTONWOOD 18''20' 46 COTTONWOOD 16'' 14' 47 CONIFEROUS 10'' 16' 48 CONIFEROUS 7''12' 49 COTTONWOOD 13'' 16' 50 COTTONWOOD 29'' 32' 51 COTTONWOOD 24''28' 52 ASPEN MULTI 22'' 24' 53 ASPEN MULTI 23''24' 54 ASPEN 12'' 18' 55 ASPEN MULTI 18'' 18' 56 ASPEN 13'' 24' 57 ASPEN MULTI 22''20' 58 CONIFEROUS 5'' 6' 59 CONIFEROUS 16'' 24' 60 CONIFEROUS MULTI 19'' 22' 61 CONIFEROUS 8''14' 62 ASPEN 8''12' 63 ASPEN 4'' 6' 64 ASPEN 8''12' 65 ASPEN 7''10' 66 ASPEN 8''12' 67 ASPEN 6''10' 68 ASPEN 5'' 6' 69 ASPEN 8'' 8' 70 ASPEN 8''10' 71 CONIFEROUS 23'' 32' 72 CONIFEROUS 17'' 30' 73 CONIFEROUS 14'' 28' 74 CONIFEROUS 7'' 12' 75 CONIFEROUS 12'' 18' 76 CONIFEROUS MULTI 16'' 18' 77 CONIFEROUS MULTI 19'' 16' 78 CONIFEROUS MULTI 40'' 28' 79 ASPEN MULTI 13'' 14' 80 CONIFEROUS 16'' 22' 81 CONIFEROUS 12'' 18' 82 CONIFEROUS MULTI 32'' 40' 83 CONIFEROUS 20'' 38' 84 CONIFEROUS 6'' 10' 85 ASPEN MULTI 6'' 8' 86 CONIFEROUS MULTI 24'' 20' 87 CONIFEROUS MULTI 32'' 34' 88 CONIFEROUS 22'' 36' 89 CONIFEROUS 18'' 34' 90 CONIFEROUS 26'' 40' 91 CONIFEROUS MULTI 23'' 26' 92 CONIFEROUS MULTI 24'' 28' 93 CONIFEROUS 12'' 18' SLOPE LEGEND 20.01% TO 30% (1,545± SQ.FT.) 30.01% TO 40% (1,862± SQ.FT.) 40% & GREATER (10,529± SQ.FT.) 0% to 20% (17,018± SQ.FT.) WATER LINE TELEPHONE LINE GAS LINE CATV LINE ELECTRIC LINE Attachment 3 21 6 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 1/16"=1'-0" SITE PLAN A-1.0 N ISSUED FOR REVIEW11-19-2024 KS,MN NOV 2024 98 98 98 TREE TO BE REMOVED CONIFEROUS TREE TO BE PRESERVED DECIDUOUS TREE TO BE PRESERVED LEGEND 86 87 85 91 92 51 79 88 89 50 71 72 73 52 53 5455 56 57 74 75 76 77 81 58 59 60 61 62 6364 65 66 67 68 6970 93 82 83 84 90 78 49 39 3 36 37 38 42 4344 40 41 45 47 48 1 2 4 5 6 7 8 9 10 11 12 13 14 15 34 35 3233 16 17 18 20 21 22 23 24 25 26 80 27 28 29 30 31 19 T T T T T T T T TT T T T T T T T T T T T T T TT T T T T T T T T T T T T T TT T T T T T P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N 7 9 °0 2 '1 4 "E 1 5 2 .0 0 ' D E E D =N 8 0°2 8'E 15 2 .0' N64°0 6 ' 3 7 " E 4 5 . 5 0 ' DEED= N 6 2 ° 4 8 ' E 4 5 . 5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N72 °48'12"E 8.45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' CH=N 72°35'24"E 4 8.38' R =141 7.40' L=48.38' CH= N 5 5 ° 0 4 ' 5 0 " E 106.6 4 ' R=16 8 . 5 0 ' L=10 8 . 5 0 ' L=2.82' R=248.00' CH=S48°52'38"W 2.82' L=6.84' R=248.00' CH=S86°44'18"W 6.84' CHAIN-LINK FENC E W IR E F E N CE ED G E OF W A TE R MAR S H LA N D SW CORNER OF LOT 2 MERRIAM SUBDIVISION FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS20151 16.6' C H A I N - L I N K F E N C E MER R I A M S U B D I V I S I O N SOU T H L I N E O F L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T CM P D IT CH FL OW L INE PAVE D R O A D W A Y R O A R IN G F O R K F L A G S T O N E P A T H STEPS ROAD OWNER FISHCAMP LLC LOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 OWNER ASPEN CENTER FOR ENVIRONMENTAL STUDIES RECEPTION NO. 138551 OWNER HALLAM SANCTUARY LLC RECEPTION NO. 623931 H A L L A M L A K E B L U F F R E V IE W A R E A (S C A L E D F R O M CI T Y O F A S P E N M A P P I N G ) NOR T H L I N E ACE S P R O P E R T Y 46 ST R E A M M A R G I N TO P O F S L O P E (S C A L E D F R O M CIT Y O F A S P E N M A P P I N G ) 7 8 6 1 78 61 7862 7860 7 8 55 7850 7 8 45 7840 7 83 5 7 8 30 7825 782 0 7820 7 8 6 0 7861 7860 78 60 .6 5 FFE 7860.50 FFE FLO O D ZO N E A E BAS E F L O O D E L EVA T I O N : 7 8 1 8 FEM A F L O O D M A P N O . 0 8 0 9 7C 0 3 5 4 E AU G U S T 1 5 , 2 0 1 9 FLO O D Z O N E X 25' SETB A C K 1 0 ' S E T B A C K 1 0 ' S E T B A C K 30 ' S E T B A C K 15' SE T B A C K WINDOW WELL WINDOW WELL WINDOW WELL 1 SD-1 1 SD-1 HALLAM LAKE BLUFF TOP OF SLOPE TAKEN IN GOOD FAITH FROM TRUE NORTH COLORADO LLC. SURVEY MAPPING, STAMPED NOV 5 2024, DRAWING 2024-313 1 1 ' - 0 " E X . 2 1 ' - 4 " EXISTING BUILDING OUTLINE 1 5 ' - 2 " 1 4 ' - 1 0 " E X PROPOSED BELOW GRADE ADDITION (GREEN) PROPOSED GROUND FLOOR (RED) COURTYARD TO BE FILLED IN EXISTING BUILDING OUTLINE EXISTING DRIVEWAY TO BE REPLACED EXISTING ROCK RETAINING TO REMAIN NEW PATIO TO REPLACE EXISTING PATIO TO BE REMOVED WALKWAY 2 5 ' - 1 1 " 1 7 ' - 6 " 1 2 '-6 1 /2 " 1 0'-0 " 2 7 '- 0 " E X . 13 '-9 " E X . 1 4'-8 " E X. 26 '-8 " SITE TREES REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE REMOVE ISSUED FOR COORDINATION03-21-2025 EXISTING BUILDING ENVELOPE TO BE REMOVED ABOVE GROUND BUILDING ENVELOPE BELOW GROUND BUILDING ENVELOPE ISSUED FOR LAND USE APPLICATION04-30-2025 Attachment 4 217 7860' 7858' 7856' 7854' 7852' 7850' 7848' 7846' 7844' 7842' 7840' 7838' 7836' 7834' 7832' 7830' 7828' 7826' 7824' 7822' 7820' 59' 57' 55' 53' 51' 49' 47' 45' 43' 41' 39' 37' 35' 33' 31' 29' 27' 25' 23' 21' PR O P E R T Y L I N E 7854' 7856' 7857' TO P O F S L O P E ( P e r 1 9 9 5 E S A A p p r o v a l ) PROPOSED RENOVATED EAST ELEVATION EXISTING WALL ENVELOPE TO BE DEMOLISHED HALLAM LAKE BLUFF ESA - PROGRESSIVE HEIGHT LIMIT SECTION FFE = 7860.5'7860' 7830' 7835' 7840' 7825' 7823' 7845' 7859' 45º ANGLE FROM TOP OF SLOPE HALLAM LAKE BLUFF TOP OF SLOPE TAKEN IN GOOD FAITH FROM TRUE NORTH COLORADO LLC. SURVEY MAPPING, STAMPED NOV 5 2024, DRAWING 2024-313 7851' 4 5 ° 15'-0" EXISTING BUILDING PROFILE OUTSIDE OF HEIGHT LIMIT ANGLE TO REMAIN SHOWN IN BLUE 1/4"=1'-0" SITE SECTION SD-1.0 NOV 2024 MN ISSUED FOR REVIEW11-19-2024 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 ISSUED FOR LAND USE APPLICATION04-30-2025 218 N.T.S AREA CALCULATIONS A-0.1 KS N @ 5'-6" 9'-0" CEILING 8'-0" CEILING 8'-0" CEILING 8'-0" CEILING 9'-0" CEILING 5'-6" KNEEWALL @ 5'-6" 9'-0" CEILING 9'-0" CEILING @5'-6" BEDROOM 2BEDROOM 1 BEDROOM 3 ENSUITE ENSUITE ENSUITESTORAGE DN 18R @ 7" Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 04-23-2025 ISSUED FOR LAND USE APPLICATION MODELNUMBERTRADENAMEPRODUCT KITCHEN DINING LIVING ROOM MAIN BEDROOM 19'4" x 17'0" GUEST BEDROOM MAIN DRESSING MAIN ENSUITE 18'0" x 9'0" GARAGE POWDER UP 18R @ 7" DN 15R @ 6 1/2" GUEST CLOSET GUEST ENSUITE UP 2R @ 5" 3' - 4 " 36" FREEZER 36" FRIDGE WALL OVENS COFFEE STATION DW DW 36" FREEZERSTORAGE36" FRIDGE FAMILY ROOM WC1 WC2 SHOWER BE N C H CO F F E E B A R 24" FR 2'-6" 4' - 8 " 25' SETBACK SAUNA 7'0" x 8'4" GYM 24'3" x 21'3" MASSAGE 16'8" x 10'9" BEDROOM 1 15'5" x 16'0" ENSUITE 1 6'0" x 11'0" BUNK ROOM 17'9" x 17'6" BUNK ENSUITE 11'6" x 11'0" GAMES ROOM 17'0" x 23'8" MEDIA ROOM 24'6" x 20'3" STORAGE 5'8" x 10'11" STAFF LOUNGE 13'5" x 11'6" SERVICE HALL STAFF BEDROOM 1 11'6" x 11'3" STAFF ENSUITE 1 9'6" x 6'0" QUEEN BOTTOM QUEEN TOP QUEEN BOTTOM QUEEN TOP UP 24R @ 6 1/2" STEAM SHOWER 7'0" x 8'4" MODELNUMBERTRADENAMEPRODUCT W/ D DN DN AV ROOM 7'1" x 8'0" REF.ICE WINETRASH REC ROOM 25'5" x 20'7" STRETCH 16'9" x 12'11" POWDER 1 COLD PLUNGE LOWER STAIR HALL LOWER HALL FR STAFF ENSUITE 2 9'6" x 6'0" STAFF BEDROOM 2 11'6" x 11'3" FR DW W/ D LAUNDRY 13'6" x 10'11" 3'-10" 4' - 0 " LOWER VESTBULE 20 ' - 7 1 / 4 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 99'-7 3/4" 0'-0" BASEMENT LEVEL86'-7 3/4" -13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4" -19'-0" 5' - 0 " 4418 SQ FT WALL AREA BELOW GRADE 104.5 SQ FT EXPOSED WALL 2.3% EXPOSED WALL 2.3% X 6046 SQ FT = 139 SQ FT LOWER LEVEL NON-EXEMPT 6046 SQ FT GROSS FLOOR AREA LOWER LEVEL 11 ' - 5 " 24'-1 1/2"7'-2 1/4"9'-8" 11 ' - 5 " 3'-0" 6' - 5 " 3'-0" 10 ' - 6 " 3'-1 1/4"18'-8 1/2"3'-1 1/4" 11 ' - 5 " 49'-4 1/2" 11 ' - 5 " 3'-1 1/4"18'-8 1/2"26'-5 1/4"2'-2"15'-5 1/2"2'-2"2'-2"27'-6 1/2"1'-0 1/2"12'-6 1/2"8'-8" 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 10 ' - 6 " 10 ' - 6 " 5' - 6 " 1'-9 1/4"26'-5"6'-3 3/4" 3'-0"3'-0" 10 ' - 6 " 5' - 6 " 10 ' - 6 " 39'-2 1/2"43'-2" 6'-0" 5' - 6 " 10 ' - 6 " 50'-1" A - 275.4 SQ FT B - 82 SQ FT 19.25 SQ FT ABOVE GRADE C - 110 SQ FT 19.25 SQ FT ABOVE GRADE D - 20.2 SQ FT E - 277.4 SQ FT F - 66.3 SQ FT 16.5 SQ FT ABOVE GRADE G - 453.3 SQ FT 16.5 SQ FT ABOVE GRADE H - 411.7 SQ FT 33 SQ FT ABOVE GRADE I - 525.9 SQ FT J - 32.6 SQ FT K - 196.4 SQ FT L - 32.6 SQ FT M - 563.7 SQ FT N - 35.4 SQ FT O - 213.6 SQ FT P - 301.8 SQ FT Q - 24.7 SQ FT R - 176.5 SQ FT S - 24.7 SQ FT T - 24.7 SQ FT U - 314.4 SQ FT V - 11.9 SQ FT W - 143.2 SQ FT X - 98.9 SQ FT GROSS MAIN LEVEL EXISTING 3,537 SQ FT + 176 SQ FT (GARAGE) = 3713 SQ FT PROPOSED 3,662 SQ FT + 176 SQ FT (GARAGE) = 3838 SQ FT GROSS UPPER LEVEL EXISTING 1,503 SQ FT PROPOSED 1,275 SQ FT GROSS LOWER LEVEL EXISTING 1,082 SQ FT - 44 SF NON-EXEMPT PROPOSED 6,046 SQ FT - 139 SF NON-EXEMPT A B CD E F G H I J K L M N O P Q R S T UVW X TOTAL AREAS EXISTING (SQ FT) PROPOSED (SQ FT) LOWER LEVEL 44 139 MAIN LEVEL 3,713 3,838 UPPER LEVEL 1,503 1,275 TOTAL 5,260 5,252 219 1/4" = 1'-0" @ 30"x 55" BASEMENT PLAN A-2.1 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 KS N 11-11-2024 ISSUED TO STRUCTURAL CONSULTANT 25' SETBACK SAUNA 7'0" x 8'4" GYM 24'3" x 21'3" MASSAGE 16'8" x 10'9" BEDROOM 1 15'5" x 16'0" ENSUITE 1 6'0" x 11'0" BUNK ROOM 17'9" x 17'6" BUNK ENSUITE 11'6" x 11'0" GAMES ROOM 17'0" x 23'8" MEDIA ROOM 24'6" x 20'3" STORAGE 5'8" x 10'11" STAFF LOUNGE 13'5" x 11'6" SERVICE HALL STAFF BEDROOM 1 11'6" x 11'3" STAFF ENSUITE 1 9'6" x 6'0" QUEEN BOTTOM QUEEN TOP QUEEN BOTTOM QUEEN TOP UP 24R @ 6 1/2" STEAM SHOWER 7'0" x 8'4" MODELNUMBERTRADENAMEPRODUCT W/ D DN DN AV ROOM 7'1" x 8'0" REF.ICE WINETRASH REC ROOM 25'5" x 20'7" STRETCH 16'9" x 12'11" POWDER 1 COLD PLUNGE LOWER STAIR HALL LOWER HALL FR STAFF ENSUITE 2 9'6" x 6'0" STAFF BEDROOM 2 11'6" x 11'3" FR DW W/ D LAUNDRY 13'6" x 10'11" 3'-10" 4' - 0 " LOWER VESTBULE 20 ' - 7 1 / 4 " OPEN TO ABOVE 4418 SQ FT WALL AREA BELOW GRADE 104.5 SQ FT EXPOSED WALL BELOW GRADE 2.3% EXPOSED WALL 2.3% X 6046 SQ FT = 139 SQ FT LOWER LEVEL NON-EXEMPT 6046 SQ FT GROSS FLOOR AREA 1 A-4.1 1 A-4.1 2 A-3.1 1 A-3.2 A-3.1 1 A-3.2 2 EXISTING WALL WALL TO BE DEMOLISHED LEGEND NEW CONSTRUCTION 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 220 1/4" = 1'-0" @ 30"x 55" GROUND FLOOR PLAN A-2.2 KS N MODELNUMBERTRADENAMEPRODUCT KITCHEN DINING LIVING ROOM MAIN BEDROOM 19'4" x 17'0" GUEST BEDROOM MAIN DRESSING MAIN ENSUITE 18'0" x 9'0" GARAGE POWDER UP 18R @ 7" DN 15R @ 6 1/2" GUEST CLOSET GUEST ENSUITE UP 2R @ 5" 3' - 4 " 36" FREEZER 36" FRIDGE WALL OVENS COFFEE STATION DW DW 36" FREEZERSTORAGE36" FRIDGE FAMILY ROOM WC1 WC2 SHOWER BE N C H CO F F E E B A R 24" FR 2'-6" 4' - 8 " OUTLINE OF BASEMENT BELOW GRADE SHOWN DASHED OPEN TO ABOVE & BELOW GROUND FLOOR AREA 3662 + 176 (GARAGE NON-EXEMPT) = 3838 SQ FT PROPOSED TOTAL FLOOR AREA GROUND FLOOR = 3838 SQ FT SECOND FLOOR = 1275 SQ FT LOWER LEVEL = 139 SQ FT TOTAL 5252 SQ FT 1 A-4.1 1 A-4.1 2 A-3.1 1 A-3.2 A-3.1 1 A-3.2 2 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 11-11-2024 ISSUED TO STRUCTURAL CONSULTANT 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT EXISTING WALL WALL TO BE DEMOLISHED LEGEND NEW CONSTRUCTION 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 221 1/4" = 1'-0" @ 30"x 55" SECOND FLOOR PLAN A-2.3 KS N @ 5'-6" 9'-0" CEILING 8'-0" CEILING 8'-0" CEILING 8'-0" CEILING 9'-0" CEILING 5'-6" KNEEWALL @ 5'-6" 9'-0" CEILING 9'-0" CEILING @5'-6" BEDROOM 2BEDROOM 1 BEDROOM 3 ENSUITE ENSUITE ENSUITESTORAGE DN 18R @ 7" THIS AREA TO BE ACCESSED BY ATTIC HATCH AND EXEMPT FROM FLOOR AREA EXISTING SECOND FLOOR ROOF STRUCTURE TO BE MAINTAINED EXCEPT AT NEW DORMERS NEW DORMER NEW DORMER NEW DORMER OPEN TO BELOW SECOND FLOOR AREA 1346 - 71 (STAIR DEDUCTION) = 1275 SQ FT 1 A-4.1 1 A-4.1 2 A-3.1 1 A-3.2 A-3.1 1 A-3.2 2 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 11-11-2024 ISSUED TO STRUCTURAL CONSULTANT 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT EXISTING WALL WALL TO BE DEMOLISHED LEGEND NEW CONSTRUCTION 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 222 KS, KZ A-3.1 NORTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.1 8 12 8 12 8 12 10.5 12 10.5 12 8 12 8 12 8 12 1' - 0 " 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" NORTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.1 8 12 8 12 8 12 10.5 12 10.5 12 8 12 8 12 8 12 1' - 0 " 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" WEST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.1 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 8 12 8 12 8 12 8 12 8 12 8 12 WEST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.1 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 8 12 8 12 8 12 8 12 8 12 8 12 BUILDING ELEVATIONS PROPOSED 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 1/4" = 1'-0" @ 30"x 55" 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 223 KS, KZ BUILDING ELEVATIONS PROPOSED SOUTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.2 1' - 0 " 8 12 10.5 12 10.5 12 10.5 12 10.5 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 SOUTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.2 1' - 0 " 8 12 10.5 12 10.5 12 10.5 12 10.5 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 EAST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.2 8 12 8 12 8 12 8 12 8 12 8 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 EAST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.2 8 12 8 12 8 12 8 12 8 12 8 12 8 12 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 8 12 A-3.2 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 1/4" = 1'-0" @ 30"x 55" 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 224 KS, KZ BUILDING SECTIONS PROPOSED MECHANICALLAUNDRY KITCHEN ENSUITE ENSUITE FOYER 1' - 0 " 6" 1' - 0 " 2' - 6 " SECTION A Scale: 1/4" = 1'-0" 1 A-4.1 9' - 0 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 9' - 0 " 6' - 0 " 10 ' - 6 " 10 ' - 8 " 10 ' - 8 " 9' - 0 " 10.5 12 8 12 10.5 12 1' - 0 " BASEMENT STAIR HALL STAIR HALL UPPER STAIR HALL MECHANICAL CRAWLSPACE BUNK ENSUITE BUNK ROOM 5' - 6 " 5' - 6 " A-4.1 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 1/4" = 1'-0" @ 30"x 55" EXISTING TO REMAIN NEW CONSTRUCTION LEGEND 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 03-06-2025 ISSUED FOR RFP 03-27-2025 ISSUED FOR RFP 04-23-2025 ISSUED FOR LAND USE APPLICATION 225 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 A BD E F G H I N L Q S J O V R T U K M P W C X Y ROOF DEMO LEGEND EXISTING ROOF TO REMAIN ROOF TO BE REMOVED ROOF DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW ROOF DEMOLITION CALCULATIONS - RATIO METHOD ROOF AREA (SQ FT)ROOF SLOPE ADJUSTMENT ACTUAL ROOF AREA ROOF AREA TO BE REMOVED (SQ FT) A 622.83 8:12 1.2 747.40 B 237.4 10.5:12 1.328 315.27 C 289.24 8:12 1.2 347.09 D 237.4 10.5:12 1.328 315.27 E 225.95 8:12 1.2 271.14 271.14 F 138 8:12 1.2 165.60 165.60 G 190.83 8:12 1.2 229.00 229.00 H 138 8:12 1.2 165.60 165.60 I 184.67 8:12 1.2 221.60 221.60 J 208.27 8:12 1.2 249.92 249.92 K 216.99 8:12 1.2 260.39 260.39 L 104.62 8:12 1.2 125.54 125.54 M 151.29 8:12 1.2 181.55 N 172.74 8:12 1.2 207.29 O 151.29 8:12 1.2 181.55 P 87.01 0 1 87.01 Q 138.32 3:12 1.03 142.47 R 190.22 8:12 1.2 228.26 S 166.32 8:12 1.2 199.58 T 165.9 8:12 1.2 199.08 U 130.46 8:12 1.2 156.55 V 59.27 8:12 1.2 71.12 W 61.91 0 1 61.91 61.91 X 333.59 8:12 1.2 400.31 400.31 Y 123.39 8:12 1.2 148.07 ROOF SURFACE TOTAL 5,678.57 ROOF TO BE REMOVED 2,151.01 DEMOLITION TOTALS TOTAL WALL SURFACE (SQ FT)5,213.66 WALL AREA TO BE REMOVED 2,001.39 TOTAL ROOF & WALL AREA (SQ FT)10,892.23 TOTAL AREA TO BE REMOVED 4,152.40 TOTAL PERCENTAGE 38.12% WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.1 226 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 PR S Z AA CC E F G H I J K L M O EE FF A B C D N Q TU V W X Y BB GG HH C1 WALL DEMO LEGEND EXISTING WALL TO REMAIN WALL TO BE REMOVED AREA REDUCED FOR WINDOWS P Q R S T U V XW Y Z AA BB CC GG A B DD EE FF 53.13 19.18 203.34 76.7 28.65 33.3 59.11 28.6533.3 14.38 203.34 28.76 52.9 27.05 DD DD 27.05 27.05 778.03 106.38 124 124 113.85 237.46 164.47 205.48 221.15 LKJIHGCDEFHH C1 393.8191.98251.19227.51160.34251.78250.25148.19 189.14 123.58 76.8 42.37 M ON 47.28 358.56218.94 WALL DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.2 227 3 29 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 NTS LANDSCAPE PLAN L-1.0 N ISSUED FOR REVIEW04-23-2025 KS,MN NOV 2024 LEGEND 71 7273 52 53 54 55 56 57 74 75 76 77 81 58 59 60 61 62 6364 65 66 67 68 6970 93 82 83 84 90 78 49 39 3 36 37 38 42 4344 40 4145 47 48 1 2 4 5 6 7 8 9 10 11 12 13 14 15 34 35 32 33 16 17 18 20 21 22 2324 25 26 80 27 2829 30 31 19 T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T TT T T T T T T T T T T T T T T T T T T T T T T T T T T T T T P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14"E 152.00' DEED=N80°28'E 152.0' N 6 4 °0 6 '3 7 "E 4 5 .5 0 ' D E E D =N 6 2 °4 8 'E 4 5 .5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N 7 2 °4 8 '1 2 "E 8 .4 5 ' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' C H =N 7 2 °3 5 '2 4 "E 4 8 .3 8 ' R =1 4 1 7 .4 0 ' L =4 8 .3 8 ' C H =N 5 5 °0 4 '5 0 "E 1 0 6 .6 4 ' R =1 6 8 .5 0 ' L =1 0 8 .5 0 ' L=2.82'R=248.00'CH=S48°52'38"W2.82'L=6.84'R=248.00'CH=S86°44'18"W6.84' CHAIN-LINK FENCE WIR E FENC E E D G E O F W AT E R M A R S H LA N D SW CORNER OF LOT 2MERRIAM SUBDIVISIONFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS20151 16.6' C H A I N - L I N K F E N C E M E R RI A M S UB DI V IS I ON S O U T H L IN E OF L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T CM P DITCH FLOWLINE P A V E D R O A D W A YROARING F O R K F L A G S T O N E P A T H STEPS R O A D OWNERFISHCAMP LLCLOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 OWNERHALLAMSANCTUARY LLCRECEPTIONNO.623931 H A L L A M L A K E B L U F F R E V I E W A R E A ( S C A L E D F R O M C I T Y O F A S P E N M A P P I N G ) NO R TH L IN E A C E S P R O P E R T Y 46 ST R E A M M A R GIN T O P O F SL O P E (S C ALE D F R O M CITY O F AS P E N M AP PIN G) 7861 7861 7862 7860 7 8 5 5 7850 7845 7840 7835 7830 7 8 2 5 7 8 2 0 7 8 2 0 7 8 6 0 7861 786 0 7860.65 FFE 7860.50 FFE F L O O D Z O N E A E B A S E F L O O D E L E V A TIO N: 7818 F E M A F L O O D M A P N O. 08097 C 0354 E A U G U S T 15, 2019 F L O O D Z O N E X 2 5 ' S E T B A C K 1 0 ' S E T B A C K 1 0 ' S E T B A C K 3 0 ' S E T B A C K 1 5 ' S E T B A C K HALLAM LAKE BLUFF TOP OF SLOPE PROPOSED BELOW GRADE ADDITION 2 STOREY DWELLING FFE=7860.5 EXISTING ROCK RETAINING TO REMAIN ENTRY COBBLE STONE DRIVEWAY PAVERS PLANT BED PLANT BED PLANT BED PLANT BED PATIO TO REPLACE EXISTING LAWN LAWN LAWN WALKWAY WALKWAY SLOPE RESTORED WITH NATIVE GRASSES EXISTING ENTRANCE W/W W/W W/W GATE EXISTING DITCH TO REMAIN P R O P E R T Y L I N E P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE GARAGE ENTRY WALKWAY PROPOSED PATIO IN FOOTPRINT OF BUILDING TO BE REMOVED HALLAM LAKE BLUFF REVIEW AREA DRY WELL LEVEL SPREADER NATURAL AREA SOD LAWN PLANT BED WITH SHRUBS AND GRASSES STONE PAVING COBBLE STONE PAVING EXISTING TREE TO BE PRESERVED PROPOSED TREE ISSUED FOR LAND USE APPLICATION04-30-2025 228 3/32"=1'-0" LIGHTING PLAN L-4.0 APRIL 2025 MN ISSUED FOR REVIEW04-23-2025 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 LANDSCAPE LIGHTING SCHEDULE LIGHTING ZONE: LZ1 LOT AREA: >30,000SF 13,500 MAX LUMENS QTY FIXTURE SYM TYPE FINISH SHEILDING LUMENS TOTAL LUMENS 24 FX-1 PATHWAY LIGHT DARK BRONZE FULL 211 (24X211)=5,064 3 FX-2 TREE ACCENT DARK BRONZE UNSHIELDED DIMMED TO 455 (3X455)=1,365 2 FX-3 WALL WASH ACCCENT DARK BRONZE UNSHIELDED 249 (2X249)=498 4 FX-4 WALL SCONCE BRONZE 1/2 UNSHIELDED 360 (4X360)=1,440 SITE TOTAL =8,367 PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONSL4-3/4” x H18” x W1-3/8” LIGHT SOURCEIntegrated LED COLOR TEMPERATURES2700K, 3000K WATTAGES3W CRI (RA)80 CRI VOLTAGE12V DELIVERED LUMENS211lm (3000K) DIMMABLEYes, Dim to <10% via Transformer DRIVERYes, 12V Integral Constant Current TRANSFORMER12V AC/DC (Supplied by others) MOUNTYes, Included 1/2” NPS Adapter GROUND STAKEYes, Included MGS001109 ACCESSORIESYes, Not Included FINISHIncluded Natural MATERIALBrass & Copper WIRE LENGTH24” LOCATIONExterior Wet CERTIFICATIONSUL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIOPTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LEDFINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm PATHLIGHT - FX1 TREE ACCENT LIGHT - FX2 PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L4-3/4” x H18” x W1-3/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 3W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 211lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Not Included FINISH Included Natural MATERIAL Brass & Copper WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIO PTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LED FINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L4-3/4” x H18” x W1-3/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 3W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 211lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Not Included FINISH Included Natural MATERIAL Brass & Copper WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIO PTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LED FINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm FINISH:DARK BRONZE SOURCE: AURORA LIGHT FINISH:DARK BRONZE SOURCE: AURORA LIGHT PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L5-7/8” x H5-1/8” x D2-1/2” LIGHT SOURCE Included LM16 LED Module COLOR TEMPERATURES 2700K, 3000K WATTAGES 6W, 8W, 12W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 676lm (3000K 12W) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Included 60° Glare Shield OPTICS Yes, Included 20°, 40° & 60° FINISH Included Natural Brass MATERIAL Brass WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: NAT Natural Brass BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD TELLURIDE DIR160164 The Telluride, the flagship directional from Auroralight, utilizes our Interchangeable LED Module coupled to an all brass body. This union provides superior heat dissipation critical for long life and high performance. •Storm Drain™ system to expel dirt, dust & water •Interchangeable light module featuring Cree LED™ •3 interchangeable PMMA acrylic optics from 20° to 60° •Ideal for trees, large greenery, architecture or facade CONFIGURATOR: DIR160164 LED FINISH (2706) 2700K 6W (2708) 2700K 8W (2712) 2700K 12W (3006) 3000K 6W (3008) 3000K 8W (3012) 3000K 12W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration 2-1/2” 64mm 5-7/8” 45mm 5-1/8” 130mm 3” 76mm 9-1/4” 235mm 1/2” 14NPS PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L4-3/4” x H18” x W1-3/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 3W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 211lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Not Included FINISH Included Natural MATERIAL Brass & Copper WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIO PTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LED FINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L5-7/8” x H5-1/8” x D2-1/2” LIGHT SOURCE Included LM16 LED Module COLOR TEMPERATURES 2700K, 3000K WATTAGES 6W, 8W, 12W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 676lm (3000K 12W) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Included 60° Glare Shield OPTICS Yes, Included 20°, 40° & 60° FINISH Included Natural Brass MATERIAL Brass WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: NAT Natural Brass BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD TELLURIDE DIR160164 The Telluride, the flagship directional from Auroralight, utilizes our Interchangeable LED Module coupled to an all brass body. This union provides superior heat dissipation critical for long life and high performance. •Storm Drain™ system to expel dirt, dust & water •Interchangeable light module featuring Cree LED™ •3 interchangeable PMMA acrylic optics from 20° to 60° •Ideal for trees, large greenery, architecture or facade CONFIGURATOR: DIR160164 LED FINISH (2706) 2700K 6W (2708) 2700K 8W (2712) 2700K 12W (3006) 3000K 6W (3008) 3000K 8W (3012) 3000K 12W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration 2-1/2” 64mm 5-7/8” 45mm 5-1/8” 130mm 3” 76mm 9-1/4” 235mm 1/2” 14NPS SMALL WALL WASH LIGHT - FX3 FINISH:DARK BRONZE SOURCE: AURORA LIGHT PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L4-3/4” x H18” x W1-3/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 3W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 211lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Not Included FINISH Included Natural MATERIAL Brass & Copper WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIO PTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LED FINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm 3 29 71 7273 52 53 54 55 56 57 74 75 76 77 81 58 59 60 61 62 6364 65 66 67 68 6970 93 82 83 84 90 78 49 39 3 36 37 38 42 4344 40 4145 47 48 11 12 13 34 35 32 33 26 80 27 29 30 31 T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N 72°48'12"E 8 .45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' C H =N 7 2 °3 5 '2 4 "E 4 8 .3 8 ' R =1417.40' L=48.38' C H =N 5 5 °0 4 '5 0 "E 1 0 6 .6 4 ' R =1 6 8 .5 0 ' L =1 0 8 .5 0 ' L=2.82'R=248.00'CH=S48°52'38"W2.82'L=6.84'R=248.00'CH=S86°44'18"W6.84' C H A I N - L I N K F E N C E A P P A R E N T F E N C E E N C R O A C H M E N T CMP DITCH FLOWLINE PAVED R O AD WAYROARING F ORK F L A G S T O N E P A T H STEPS R O A D OWNERFISHCAMP LLCLOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 OWNERHALLAM SANCTUARY LLCRECEPTION NO. 623931 46 7861 7861 7862 7860 7855 7850 7845 7840 7835 7 8 6 0 786 1 7860 7860.65 FFE 7860.50 FFE 2 5 ' S E T B A C K 1 0 ' S E T B A C K 1 0 ' S E T B A C K 30' S E TB A CK 1 5 ' S E T B A C K 2 STOREY DWELLING FFE=7860.5 ENTRY DRIVEWAY PLANT BED PLANT BED PLANT BED PATIO LAWN WALKWAY W/W W/W W/W GATE P R O P E R T Y L I N E P R O P E R T Y LI NE P R O P E R T Y L I N E GARAGE ENTRY WALKWAY P P P P P P P P P P P P P P P P P P P P P S S S S P P P NO LIGHTING PROPOSED BEYOND THE TOP OF SLOPE P P LIGHTING NOTES: DESIGNATED LIGHTING ZONE 1 (LZ1). TOTAL LUMEN ALLOWANCE = 13,500 ALL LANDSCAPE LIGHTING IS TO ADHERE TO THE CITY OF ASPEN CURFEW HOURS AND BE TURNED OFF 10:00PM TO 7:00AM ALL LANDSCAPE LIGHTING IS TO BE CONTROLLED BY A TRANSFORMER CAPABLE OF SYSTEM DIMMING AND AUTOMATIC TIMING ALL LANDSCAPE LIGHTING IS TO BE LOW VOLTAGE AND BE BETWEEN 2700 - 3000K CCT LIGHTING IS TO CONFORM TO THE CITY OF ASPEN CHAPTER 25.512 OUTDOOR LIGHTING REGULATIONS S S 20% ALLOWED UNSHIELDED (13,500 X 0.2 = 2,700) TREE UPLIGHT - 1,365 WALL WASH - 498 UPLIGHT PORTION OF WALL SCONCE - 720 TOTAL UNSHIELDED= 2,583 LUMENS WALL MOUNTED SCONCE - FX4 FINISH:BRONZE SOURCE: PLUG LIGHTING 2 HL-340-2X-LED 4 8 9/16" 217 3 3/8" 86 4 3/4" 121 2 1/4" 57 HL-340-2XCATALOG NUMBER: SPECIFICATIONS DESCRIPTION:Wall mount Up/Down MR16 accent fixture.Suitable for wet/damp/dry location installations. MATERIAL:Standard overall material is 6061 aluminum.HL-340-2X - Machined Aluminum (Standard)HL-340-2X-2b - Machined Brass FINISH:AA - Anodized Satin AluminumAP - Powder Coat AluminumBK - Powder Coat Black BZ - Powder Coat BronzeWT - Powder Coat WhiteN - Natural, for Stainless Steel and Brass VOLTAGE:12 - 12 VAC output transformer required, not included. MOUNTING:Fixture is equipped with a 4.75" mounting plate and (2) mounting screws. OPTIONS:Glare shieldsGL-10 - Short Angled, aluminumGL-11 - Angled, aluminumGL-12 - Angled, brassGL-13 - Straight, aluminumGL-14 - Straight, brassLenses/Louvers/Color FiltersLA-1 - Hexcell Louver (Black) LA-2 - Prismatic lensLA-3 - Linear spread lensLA-4 - Soft focus lens (diffused)LA-5 - Moonlight lensLA-6 - Blue lensSee fixture accessories for more information. SAMPLE ORDER SPECIFICATION:HL-340-2X-BZ-12-LA-5 RATING:Wet/damp/dry location. e MADE IN THE USA HALOGEN LAMPING OPTION: Lamp Type - 12V halogen MR16 lamp, bi-pin GX5.3 base, 50W max, not included (standard). LED OPTIONSIntegral high output LED, warm white 85 CRI(3000K CCT) standard, others available.3LED - 3W LED - 180 lumens8LED - 8W LED - 300 lumens8LED-E - 8.4W LED - 565 lumens OPTICS 3LED and 8LED: SP - Spot, 12° NF - Narrow Flood, 24° FL - Flood, 36° 8LED-E: SP - Spot 14° NF - Narrow Flood, 25°MF - Medium Flood, 30°FL - Flood, 40° 5 AP - Aluminum Powder CoatAA - Anodized Satin Aluminum BK - Black Powder Coat BZ - Bronze Powder Coat WT - White Powder Coat Standard Finishes Natural Finishes N – Natural Brass N – Natural Stainless Steel Custom Finishes Custom Finishes ISSUED FOR LAND USE APPLICATION04-30-2025 229 PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L4-3/4” x H18” x W1-3/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 3W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 211lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Not Included FINISH Included Natural MATERIAL Brass & Copper WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: MAGLIO PTA725904 The Maglio features a rotational glare shield with an independently rotating light engine allowing the Maglio to have a seamlessly adjustable aperture from 180° down to 0°, or to aim up, down or anywhere in between. •Thermally Integrated® LED Module •Cree LED™ XLAMP® (XP-G) •Solid brass and copper construction •Ideal for path lighting, wall-washing and up lighting CONFIGURATOR: PTA725904 LED FINISH (2703) 2700K 3W (3003) 3000K 3W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration NAT Natural Brass/ Copper BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD 3” 76mm 9-1/4” 235mm 1/2” 14NPS 1-3/8” 35mm 4-3/4” 121mm 18” 457mm PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L5-7/8” x H5-1/8” x D2-1/2” LIGHT SOURCE Included LM16 LED Module COLOR TEMPERATURES 2700K, 3000K WATTAGES 6W, 8W, 12W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 676lm (3000K 12W) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES Yes, Included 60° Glare Shield OPTICS Yes, Included 20°, 40° & 60° FINISH Included Natural Brass MATERIAL Brass WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: NAT Natural Brass BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD TELLURIDE DIR160164 The Telluride, the flagship directional from Auroralight, utilizes our Interchangeable LED Module coupled to an all brass body. This union provides superior heat dissipation critical for long life and high performance. •Storm Drain™ system to expel dirt, dust & water •Interchangeable light module featuring Cree LED™ •3 interchangeable PMMA acrylic optics from 20° to 60° •Ideal for trees, large greenery, architecture or facade CONFIGURATOR: DIR160164 LED FINISH (2706) 2700K 6W (2708) 2700K 8W (2712) 2700K 12W (3006) 3000K 6W (3008) 3000K 8W (3012) 3000K 12W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration 2-1/2” 64mm 5-7/8” 45mm 5-1/8” 130mm 3” 76mm 9-1/4” 235mm 1/2” 14NPS 3/32"=1'-0" LIGHTING SPECIFICATION SHEETS L-4.1 APRIL 2025 MN ISSUED FOR REVIEW04-23-2025 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 LIGHTING NOTES: DESIGNATED LIGHTING ZONE 1 (LZ1). TOTAL LUMEN ALLOWANCE = 13,500 ALL LANDSCAPE LIGHTING IS TO ADHERE TO THE CITY OF ASPEN CURFEW HOURS AND BE TURNED OFF 10:00PM TO 7:00AM ALL LANDSCAPE LIGHTING IS TO BE CONTROLLED BY A TRANSFORMER CAPABLE OF SYSTEM DIMMING AND AUTOMATIC TIMING ALL LANDSCAPE LIGHTING IS TO BE LOW VOLTAGE AND BE BETWEEN 2700 - 3000K CCT LIGHTING IS TO CONFORM TO THE CITY OF ASPEN CHAPTER 25.512 OUTDOOR LIGHTING REGULATIONS PATHLIGHT - FX1 TREE ACCENT LIGHT - FX2 SMALL WALL WASH LIGHT - FX3 P PROJECT: P.760.931.2910 O.2742 Loker Ave. W Carlsbad CA 92010 W.www.auroralight.com SKU #:TYPE: MADE IN USA WITH DOMESTIC & IMPORTED MATERIALS FIXTURE DIMENSIONS L2-3/4” x H5-1/8” x W4-5/8” LIGHT SOURCE Integrated LED COLOR TEMPERATURES 2700K, 3000K WATTAGES 7W CRI (RA)80 CRI VOLTAGE 12V DELIVERED LUMENS 249lm (3000K) DIMMABLE Yes, Dim to <10% via Transformer DRIVER Yes, 12V Integral Constant Current TRANSFORMER 12V AC/DC (Supplied by others) MOUNT Yes, Included 1/2” NPS Adapter GROUND STAKE Yes, Included MGS001109 ACCESSORIES No OPTICS Yes, Integrated 140° FINISH Included Natural Brass MATERIAL Brass WIRE LENGTH 24” LOCATION Exterior Wet CERTIFICATIONS UL, IP66, IP67 *For complete warranty terms, please visit: www.auroralight.com/warranty/ AVAILABLE FINISHES: NAT Natural Brass BLP Bronze Living Patina BLPX Extra Dark Bronze Living Patina NI Nickel PVD WALLIE DIR599317 The innovative Wallie series wall wash luminaire is compact, powerful, and agile. Featuring a precision machined acrylic optics with a prismatic design that allows for a uniform 140° distribution. •Thermally Integrated® for peak performance •Cree LED™ XP-L® High Density •US Patent No: D838,398 S •Ideal for wall washing, plantings, & facade CONFIGURATOR: DIR599317 LED FINISH (2707) 2700K 7W (3007) 3000K 7W (NAT) Natural Brass (BLP) Bronze Living Patina (BLPX) Extra Dark BLP (NI) Nickel PVD ( ) = Most common configuration 4-5/8” 117mm 2-3/4” 70mm 5-1/8” 130mm 3” 76mm 9-1/4” 235mm 1/2” 14NPS 2703 BLPX 2712 BLPX 2707 BLPX LANDSCAPE LIGHTING SCHEDULE LIGHTING ZONE: LZ1 LOT AREA: >30,000SF 13,500 MAX LUMENS QTY FIXTURE SYM TYPE FINISH SHEILDING LUMENS TOTAL LUMENS 24 FX-1 PATHWAY LIGHT DARK BRONZE FULL 211 (24X211)=5,064 3 FX-2 TREE ACCENT DARK BRONZE UNSHIELDED DIMMED TO 455 (3X455)=1,365 2 FX-3 WALL WASH ACCCENT DARK BRONZE UNSHIELDED 249 (2X249)=498 4 FX-4 WALL SCONCE BRONZE 1/2 UNSHIELDED 360 (4X360)=1,440 SITE TOTAL =8,367 P 1 Wall mount LED accent light. Suitable as a up/down light. Custom finish available upon request. Halogen version also available. DETAILS. MATERIALS AVAILABLE IN: MACHINED ALUMINUM MACHINED BRASS FINISHES AVAILABLE IN: BK – BLACK POWDER COAT BZ – BRONZE POWDER COAT WT – WHITE POWDER COAT AA – ANODIZED SATIN ALUMINUM AP – ALUMINUM POWDER COAT N - NATURAL SHADE SIZE: Ø2 1/4” X 8 9/16” H; 3 3/8” OAW BACKPLATE: Ø4 3/4” LED OPTIONS, 85 CRI: 3W = 180 LM 8W = 300 LM 8E (8.4W) = 565 LM COLOR TEMPS AVAILABLE: 2700K -OR- 3000K OPTIC OPTIONS: 3W/8W – 12º SPOT, 24º NARROW FLOOD, 36º FLOOD 8E – 14º SPOT, 25º NARROW FLOOD, 30º MEDIUM FLOOD, 40º FLOOD DIMMING ELV/MLV 12VAC TRANSFORMER REQUIRED – NOT INCLUDED. RATED FOR WET/DAMP/DRY LOCATIONS. *OTHER ACCESSORIES AND MOUNTING OPTIONS AVAILABLE. ETL LISTED HL-340-2X-LED 2 HL-340-2X-LED 4 8 9/16" 217 3 3/8" 86 4 3/4" 121 2 1/4" 57 HL-340-2XCATALOG NUMBER: SPECIFICATIONS DESCRIPTION:Wall mount Up/Down MR16 accent fixture.Suitable for wet/damp/dry location installations. MATERIAL:Standard overall material is 6061 aluminum.HL-340-2X - Machined Aluminum (Standard)HL-340-2X-2b - Machined Brass FINISH:AA - Anodized Satin AluminumAP - Powder Coat AluminumBK - Powder Coat Black BZ - Powder Coat BronzeWT - Powder Coat WhiteN - Natural, for Stainless Steel and Brass VOLTAGE:12 - 12 VAC output transformer required, not included. MOUNTING:Fixture is equipped with a 4.75" mounting plate and (2) mounting screws. OPTIONS:Glare shieldsGL-10 - Short Angled, aluminumGL-11 - Angled, aluminumGL-12 - Angled, brassGL-13 - Straight, aluminumGL-14 - Straight, brassLenses/Louvers/Color FiltersLA-1 - Hexcell Louver (Black) LA-2 - Prismatic lensLA-3 - Linear spread lensLA-4 - Soft focus lens (diffused)LA-5 - Moonlight lensLA-6 - Blue lensSee fixture accessories for more information. SAMPLE ORDER SPECIFICATION:HL-340-2X-BZ-12-LA-5 RATING:Wet/damp/dry location. e MADE IN THE USA HALOGEN LAMPING OPTION: Lamp Type - 12V halogen MR16 lamp, bi-pin GX5.3 base, 50W max, not included (standard). LED OPTIONSIntegral high output LED, warm white 85 CRI(3000K CCT) standard, others available.3LED - 3W LED - 180 lumens8LED - 8W LED - 300 lumens8LED-E - 8.4W LED - 565 lumens OPTICS 3LED and 8LED: SP - Spot, 12° NF - Narrow Flood, 24° FL - Flood, 36° 8LED-E: SP - Spot 14° NF - Narrow Flood, 25°MF - Medium Flood, 30°FL - Flood, 40° 5 AP - Aluminum Powder CoatAA - Anodized Satin Aluminum BK - Black Powder Coat BZ - Bronze Powder Coat WT - White Powder Coat Standard Finishes Natural Finishes N – Natural Brass N – Natural Stainless Steel Custom Finishes Custom Finishes SCONCE- FX4 HL-340-2X BZ 12 GL-13 3LED 20% ALLOWED UNSHIELDED (13,500 X 0.2 = 2,700) TREE UPLIGHT - 1,365 WALL WASH - 498 UPLIGHT PORTION OF WALL SCONCE - 720 TOTAL UNSHIELDED= 2,583 LUMENS S ISSUED FOR LAND USE APPLICATION04-30-2025 230 Crystal River Civil LLC 970.510.5312 Page 1 of 3 844 Roaring Fork Road Engineering Report 04/29/2025 A summary of the existing site conditions and proposed changes for 844 Roaring Fork Road has been performed by Crystal River Civil for City of Aspen Hallam Lake Bluff Review. This report addresses access, utilities, drainage, grading, as well as overall site design for the proposed conditions. Existing Site The property being reviewed is known as Pitkin County Parcel #273512120002 and is addressed at 844 Roaring Fork Road. The site is accessed via Roaring Fork Road just north of the site, with developed residential lots to the west and the east. To the south is Hallam Lake, which is owned by Aspen Center for Environmental Studies, or ACES. An existing two-story framed, single-family residence with an attached garage currently exists on the site. A short, gravel driveway provides access from Roaring Fork Road to the garage. The access enters the property near the northern property corner and travels due south towards the existing residence. The residence is centrally located on the northern half of the parcel. 844 Roaring Fork Road Vicinity Map The northern portion of the site is generally flat, with a gradual slope from the north to the southeast. Steep slopes exist on the southern portion of the site as the grades descend quickly towards Hallam Lake that is just beyond the southern property line. There is no existing Site Attachment 5 231 Crystal River Civil LLC 970.510.5312 Page 2 of 3 development within this steep slope area. An irrigation ditch follows the northern property line flowing to the east. Existing utility infrastructure is in place and currently services the existing structures on the parcel. The development ties into a City of Aspen water line within Roaring Fork Drive Right-Of-Way. A sewer service exits the site towards the northeast property corner and ties into the Aspen Consolidated Sanitation District main under Roaring Fork Drive as well. A Holy Cross Energy electric transformer is located to the west of the property, and the service extends from it under Roaring Fork Road and extends onto the property around the driveway. The development utilizes a Black Hills Energy gas service, which ties into the gas main located within the Roaring Fork Road Right-Of-Way. A communications pedestal is located in the northwest property corner, which is utilized for the existing development. For information regarding the existing conditions, please refer to the survey that has been included with this application. Proposed Site The scope of the project includes remodel and reconfigurations of the existing residence, as well as additional below grade basement area. Minor regrading and layout of the existing access will occur, as well as replacing several patios and walkways. Additional grading around the residence will likely occur to transition the proposed addition into the existing grade. No grade alterations are proposed within the 15’ offset from the Hallam Bluff Line. Utilities and the proposed stormwater will require additional disturbance but will be replaced to existing in most areas. Access The existing access will be maintained with a very similar layout and grading. It is relatively flat, so grading would be done for drainage improvements. Layout alterations would be minimal and would accommodate the landscape design and integration into the proposed residence. The material is yet to be determined, but the driveway widths, maximum slopes, and drainage would all be designed to meet the City of Aspen Engineering Standards. Drainage All stormwater onsite shall be captured, detained and treated on site to meet the City of Aspen drainage requirements. The drainage concept for the site is to collect all impervious areas, including the structure, patios, walkways, auto courts and the driveways around the residence with a series of inlets, downspout tie ins, and pipes. This drainage system is all considered collecting one basin, as it will all be conveyed to a drywell to be installed under the driveway. Stormwater capacity within the drywell will meet the 100-year, 1-hour storm event and will be determined utilizing the FAA method. The drywell shall release the pre-developed, historic runoff rate of the captured drainage basin using the calculation from the FAA Rational Method. Detention 232 Crystal River Civil LLC 970.510.5312 Page 3 of 3 basin calculations and storage volume will be included in the building permit submittal. All conveyance structures will have capacity for a 100-year, 1-hour storm event, as defined in the City of Aspen Urban Runoff Management Plan (URMP). Utilities Water – The existing water service will be abandoned as per City of Aspen Water Department Standards. The proposed, upgraded service will extend off the water main located underneath Roaring Fork Road and will extend onto the property between existing trees. Sizing will be determined for Building Permit, and the water service lines shall be Type-K Copper or approved alternate. Sanitary – The existing service will be utilized, however a portion of it will have to be realigned for adequate distance from the stormwater drywell. The service shall be four-inch SDR-26 and sloped at minimum 2.0% towards the tie in at the sewer main. Electric – The existing service will be maintained if possible, however the transformer capacity and the proposed loads for the development will be determined for building permit in coordination with Holy Cross Energy. If additional work is needed, or a transformer needs to be replaced or upgraded, it will be determined for building permit. The shutoff and electrical boxes will be relocated as necessary on the updated structure. Gas – The existing service to the residence will remain and the gas meter will be relocated on the updated building. Telephone and Communications – Existing communication services will be utilized, and communications boxes will be relocated on the updated structure as necessary. If there are any questions regarding this analysis or concerns regarding the site design, feel free to contact me directly. Jay Engstrom Owner and Principal Engineer, P.E. Crystal River Civil, LLC jay@crystalrivercivil.com (970) 510 - 5312 233 < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < X T X T X T X T X T X T X T X T X T X T X T XT XT XT X T X T X T X T X T X T XT X T X T X T X T X T X T X T X T X T X T X U E X U E X U E X U E X U E XU E X U E X U E X U E X U E XU E XU E X U E X U E X U E X U E XU E X U E X U E XU E XU E X U E X U E X U E X U E X U E X U E XU E X U E XU E X U E X U E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E X U E X U E XU E X U E X U E X U E X U E XU E XU E XU E XU E XU E XU E XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XC XC XC XC XC XC XC XC XC XCXCXC XC XC XC XC X C X C X C X C X C X C X C X C X C X C X C XC X C XC XC XC X C X C X C X C X C X C X C X G XG XG X G XG X G XG XG X G XG XG X G XG XG X G X G X G X G XG XG XG XG X G XG X G XG XG XG XG XG XG X G X G X G XT XT XT XT XT XT XT XT XTXTXTXT XT X T X T X T X T X T X T X T X T X T X T X T X T X T X T X T XT X T X T X T X T X T X T X T X T X T X T XT XT XTXTXTXT XT XT X T X T X T X T X T X T X T X T X T X T X T X T XT XT XT XT X T XT X T X T X T X T X T X T XT XT XT X T X T XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS X C X C X C X C X C X C X C X C X C XC XC X C X C XC X C XC XC X C XC X C X C XC X C XC XC X C X C X C XC XC XC XC XC XUE XUE XUE XUE XUE XUE XUE XUE XUEXUEXUE XU E XU E XU E XU E X U E X U E X U E XU E X U E X U E XU E X U E X U E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E X U E X U E X U E X T X T X T X T X T X T XT XT XT XT X T XT XT XT XG XG XG XG XG XG XG XG XGXGXG XG X G XC XC XC XCXC XC XC XC XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S X S S X S S XSS XSS XSS XSS XSS SS SS SS SS SS SS WSWSWSWSWSWS WS WS WS WS WSWSWSWS G U E C T E G C O C O C U E D Flood Zone X As Per Survey Stream Margin Top Of Slope As Per Survey Edge Of Water Marshland As Per Survey Apparent Overlap AreaHallam Lake Bluff Review Area As Per Survey Hallam Lake Bluff Review Area As Per Survey Hallam Lake Bluff 15' Setback Existing Boulder Wall To Remain Lightwell Existing Patio To Be Replaced Existing Stepping Stones To Be Replaced Lightwell 844 Roaring Fork Drive Existing Residence To Be Remodeled With Addition Proposed Below Grade Addition Existing Walkway To Be Updated Existing Walkway To Be Updated Lightwell Note: Stormwater Detention System To Collect All Runoff From Impervious Areas. Downspouts To Be Collected Via Stormwater Collection Pipe Around Perimeter Of Structure. Proposed Stormwater Collection Pipe 6' Diameter Drywell To Be Utilized For Stormwater Detention For Release Of The Predeveloped Flow Rate Of A 100-Year 1-Hour Storm Event. Detention System Overflow To Release Predeveloped Flow Rate Through A Level Spreader System. Existing Driveway To Be Replaced To Existing With Minor Layout And Grading Revisions Area Of Disturbance For Drywell Installation ~586 Square Feet Edge Of Disturbance In Right-Of-Way ~508 Square Feet Building Setback (Typ) Property Line (Typ) Edge Of Disturbance For Proposed Development ~4,553 Square Feet And ~6,761 Square Feet Of Proposed Structure Asphalt Cut For Proposed Utility Work With Sawcut And T-Cut Asphalt Cut For Proposed Utility Work With Sawcut And T-Cut Existing Ditch Alignment To Be Maintained 78 6 0 7 8 5 5 7 8 5 0 78 4 5 78 4 0 78 3 5 78 3 0 78 2 5 78 2 0 7 8 6 0 7 8 6 2 78 6 2 78 6 1 7 8 6 0 7 8 6 0 7861 7861 7 8 6 1 786 1 7 8 6 0 7 8 5 5 7 8 5 0 7 8 4 5 7 8 4 0 7 8 3 5 7 8 3 0 7 8 2 5 7 8 2 0 7860 7 8 6 0 7 8 6 1 78 6 1 Note: Refer To Tree Plan For Tree Removal and Tree Protection. Roaring Fork Drive Right-Of-Way Drawing Scale Units (Feet) 1" = 10' 0 10 20 N S W E C.01 Civil Site Plan Of 2 Pages 01 Ha l l a m L a k e B l u f f R e v i e w 04 . 2 9 . 2 0 2 5 JK E # De s c r i p t i o n Da t e D r a w n B y 84 4 R o a r i n g F o r k D r i v e As p e n , C o l o r a d o 8 1 6 1 2 1101 Village Road, Unit UL-3C Carbondale, CO 81623 (970) 510 - 5312 VJ T Re v i e w e d B y Not For Construction Job #: 25.28 23 4 G E GV < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < < X T X T X T X T X T X T X T X T X T X T X T XT XT XT X T X T X T X T XT X T XT X T X T X T X T X T X T X T X T X T X T X U E X U E X U E X U E X U E XU E X U E X U E X U E X U E XU E XU E X U E X U E X U E X U E XU E X U E X U E XU E XU E X U E X U E X U E X U E X U E X U E XU E X U E XU E X U E X U E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E X U E X U E XU E X U E X U E X U E X U E XU E XU E XU E XU E XU E XU E XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XU E XUE XU E X U E XC XC XC XC XCXCXC XC XC XC XC XC XC XC XC XCXCXC XC XC XC XC X C X C X C X C X C X C X C X C X C X C X C XC X C XC XC XC X C X C X C X C X C X C X C X G XG XG X G XG X G XG XG X G XG XG X G XG XG X G X G X G X G XG XG XG XG X G XG X G XG XG XG XG XG XG X G X G X G X T XT XT XT XTXT XT XT XT XT XT XT XT XT XTXTXTXT XT X T X T X T X T X T X T X T X T X T X T X T X T X T X T X T XT X T X T X T X T X T X T X T X T X T X T XT XT XTXTXTXT XT XT X T X T X T X T X T X T X T X T X T X T X T X T XT XT XT XT X T XT X T X T X T X T X T X T XT XT XT X T X T XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS XWS X C X C X C X C X C X C X C X C X C XC XC X C X C XC X C XC XC X C XC X C X C XC X C XC XC X C X C X C XC XC XC XC XC X W X W X W X W X W X W X W XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW XW X W X W X W X W X W XW XW XW XW XW X U E XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XUE XUEXUEXUE XU E XU E XU E XU E X U E X U E X U E XU E X U E X U E XU E X U E X U E XU E XU E XU E XU E XU E XU E XU E XU E XU E XU E X U E X U E X U E X T X T X T X T X T X T XT XT XT XT X T XT XT XT XG XG XG XG XG XG XG X G X G XG XG XG XG XG XG XG XG XG XG XG XG XGXGXG XG X G XC XC XC XCXC XC XC XC XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S XS S X S S X S S XSS XSS XSS XSS XSS XSS XSS XSS XSS XSS XSS SS SS SS SS SS SS WSWSWSWSWSWS WS WS WS WS WSWSWSWS G U E C T E G C O C O C U E D Flood Zone X As Per Survey Stream Margin Top Of Slope As Per Survey Edge Of Water Marshland As Per Survey Apparent Overlap AreaHallam Lake Bluff Review Area As Per Survey Hallam Lake Bluff Review Area As Per Survey Hallam Lake Bluff 15' Setback 844 Roaring Fork Drive Existing Residence To Be Remodeled With Addition Proposed Below Grade Addition Building Setback (Typ) Property Line (Typ) 78 6 0 7 8 5 5 7 8 5 0 78 4 5 78 4 0 78 3 5 78 3 0 78 2 5 78 2 0 7 8 6 0 7 8 6 2 78 6 2 78 6 1 7 8 6 0 7 8 6 0 7861 7861 7 8 6 1 786 1 7 8 6 0 7 8 5 5 7 8 5 0 7 8 4 5 7 8 4 0 7 8 3 5 7 8 3 0 7 8 2 5 7 8 2 0 7860 7 8 6 0 7 8 6 1 78 6 1 Relocate All Meters, Utility Boxes, And Shutoffs On Side Of Garage Abandon and Remove Existing Utility Boxes and Meters On Structure Install Cleanout Within 5' Of Structure Realign Sewer Service To Maintain 10' From Proposed Drywell. Install As Per Aspen Consolidated Sanitation District Tie Into Existing Sewer Service And Install Cleanout Proposed Water Service 77 Linear Feet. To Be Installed As Per City Of Aspen Water Department Standards. Size To Be Determined For Building Permit Sawcut, T-Cut, and Demolish Asphalt For Proposed Water Service Curbstop. Replace Asphalt To Existing Grade Sawcut, T-Cut, and Demolish Asphalt For Abandonment Of Existing Water Service Curbstop. Replace Asphalt To Existing Grade Abandon Existing Water Service As Per City Of Aspen Water Department Standards Roaring Fork Drive Right-Of-Way Abandon Existing Utilities Abandon Portion Of Existing Sewer Service Install Curb Stop At Property Line Drawing Scale Units (Feet) 1" = 10' 0 10 20 N S W E C.02 Utility Plan Of 2 Pages 01 Ha l l a m L a k e B l u f f R e v i e w 04 . 2 9 . 2 0 2 5 JK E # De s c r i p t i o n Da t e Dr a w n B y 84 4 R o a r i n g F o r k D r i v e As p e n , C o l o r a d o 8 1 6 1 2 1101 Village Road, Unit UL-3C Carbondale, CO 81623 (970) 510 - 5312 VJ T Re v i e w e d B y Not For Construction Job #: 25.28 23 5 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 A BD E F G H I N L Q S J O V R T U K M P W C X Y ROOF DEMO LEGEND EXISTING ROOF TO REMAIN ROOF TO BE REMOVED ROOF DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW ROOF DEMOLITION CALCULATIONS - RATIO METHOD ROOF AREA (SQ FT)ROOF SLOPE ADJUSTMENT ACTUAL ROOF AREA ROOF AREA TO BE REMOVED (SQ FT) A 622.83 8:12 1.2 747.40 B 237.4 10.5:12 1.328 315.27 C 289.24 8:12 1.2 347.09 D 237.4 10.5:12 1.328 315.27 E 225.95 8:12 1.2 271.14 271.14 F 138 8:12 1.2 165.60 165.60 G 190.83 8:12 1.2 229.00 229.00 H 138 8:12 1.2 165.60 165.60 I 184.67 8:12 1.2 221.60 221.60 J 208.27 8:12 1.2 249.92 249.92 K 216.99 8:12 1.2 260.39 260.39 L 104.62 8:12 1.2 125.54 125.54 M 151.29 8:12 1.2 181.55 N 172.74 8:12 1.2 207.29 O 151.29 8:12 1.2 181.55 P 87.01 0 1 87.01 Q 138.32 3:12 1.03 142.47 R 190.22 8:12 1.2 228.26 S 166.32 8:12 1.2 199.58 T 165.9 8:12 1.2 199.08 U 130.46 8:12 1.2 156.55 V 59.27 8:12 1.2 71.12 W 61.91 0 1 61.91 61.91 X 333.59 8:12 1.2 400.31 400.31 Y 123.39 8:12 1.2 148.07 ROOF SURFACE TOTAL 5,678.57 ROOF TO BE REMOVED 2,151.01 DEMOLITION TOTALS TOTAL WALL SURFACE (SQ FT)5,213.66 WALL AREA TO BE REMOVED 2,001.39 TOTAL ROOF & WALL AREA (SQ FT)10,892.23 TOTAL AREA TO BE REMOVED 4,152.40 TOTAL PERCENTAGE 38.12% WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.1 Attachment 6 236 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 PR S Z AA CC E F G H I J K L M O EE FF A B C D N Q TU V W X Y BB GG HH C1 WALL DEMO LEGEND EXISTING WALL TO REMAIN WALL TO BE REMOVED AREA REDUCED FOR WINDOWS P Q R S T U V XW Y Z AA BB CC GG A B DD EE FF 53.13 19.18 203.34 76.7 28.65 33.3 59.11 28.6533.3 14.38 203.34 28.76 52.9 27.05 DD DD 27.05 27.05 778.03 106.38 124 124 113.85 237.46 164.47 205.48 221.15 LKJIHGCDEFHH C1 393.8191.98251.19227.51160.34251.78250.25148.19 189.14 123.58 76.8 42.37 M ON 47.28 358.56218.94 WALL DEMOLITION CALCULATIONS N.T.S 10-09-2024 ZONING REVIEW WALL DEMOLITION CALCULATIONS WALL LABEL AREA (SQ FT)AREA REDUCED FOR WINDOWS AREA OF WALL TO BE REMOVED A 205.48 B 221.15 221.15 C 148.19 148.19 C1 189.14 D 123.58 123.58 E 76.8 76.8 F 42.37 G 250.25 H 251.78 I 227.51 J 251.19 K 191.98 L 393.8 M 218.94 N 47.28 O 358.56 P 53.13 53.13 Q 19.18 19.18 R 203.34 203.34 S 76.7 76.7 T 28.65 28.65 U 33.3 33.3 V 59.11 59.11 W 33.3 33.3 X 28.65 28.65 Y 14.38 14.38 Z 203.34 203.34 AA 28.76 28.76 BB 52.9 52.9 CC 778.03 354.38 DD 81.15 81.15 EE 113.85 113.85 FF 237.46 237.46 GG 164.47 164.47 HH 160.34 WALL SURFACE TOTAL (SQ FT)5,568.04 AREA REDUCED FOR WINDOWS 354.38 AREA USED FOR DEMO CALCULATION 5,213.66 WALL SURFACE TO BE REMOVED (SQ FT)2,001.39 04-15-2025 FOR LAND USE APPLICATION D-0.2 237 844 Roaring Fork Road Aspen, CO Tree Survey Report Prepared By: Chris Forman ISA Board Certified Master Arborist #RM-2352BM April 8, 2025 15450 Hwy 82, Carbondale CO 81623 (970) 963-3070 Attachment 7 238 1 | Page TABLE OF CONTENTS Purpose and Summary…………………………………………………………………………………………………………………….2 Methodology………………………………………………………………………………………………………………………………….2 Assignment………………………………………………………………………………………………………………………..2 Limits of Assignment……………………………………………………………………………………………………………3 Assessment Methods……………………………………………………………………………………………………………3 Purpose and Use of Report……………………………………………………………………………………………………3 Inventory…………………………………………………………………………………………………………………………..3 Mitigation Calculation………………………………………………………………………………………………………….4 Observations and Discussion…………………………………………………………………………………………………………….5 Site Description………………………………………………………………………………………………………………….5 Tree Observations……………………………………………………………………………………………………………….6 Discussion………………………………………………………………………………………………………………………….6 Conclusions/Recommendations..……………………………………………………………………………………………………….9 Photos…………………………………………………………………………………………………………………………………………..10 Attachment A – Inventory Table………………………………………………………………………………………………………..16 Attachment B – Survey…………………………………………………………………………………………………………………….20 Attachment C – City Wildfire Policy…………………………………………………………………………………………………….21 239 2 | Page PURPOSE & SUMMARY The following report pertains to the property located at 844 Roaring Fork Road, Aspen, Colorado. There were 93 trees inventoried on this site as part of this assignment. Numbered tags were placed on the lower trunks of these trees to provide clarity of the inventory findings. The numbered tags correspond to the numbers assigned on the tree inventory spreadsheet and the True North Colorado survey attached to this report. Individual tree analysis included species type, tree diameter at breast height (DBH), overall condition, maximum value as assigned by the respective tree removal codes, and suggested mitigation reduction based upon tree condition. Based upon my assessment, there are 25 trees in Poor condition and should be considered for removal due to their overall health and/or structure. Mitigation will not likely be required for these 25 trees should they be included in a tree removal permit submitted to the City. Trees in ‘Fair’ or ‘Good’ condition may be candidates for removal based upon future redevelopment plans but may require some level of mitigation if permitted for removal. The total mitigation value of all trees inventoried, including those in the right of way, equals $1,243,244.75. The suggested mitigation value after applying condition ratings totals $527,440.72. Final tree removal approvals and mitigation values are ultimately made by the Aspen City Forester, or his designee and may be influenced by a wildfire evaluation report provided by the Aspen Fire Department (AFD). AFD should be contacted to request a property evaluation. This free assessment may influence tree removal approvals and mitigation fees. A mitigation plan should be developed and presented to the City as part of the tree removal permit application. This planting plan should focus on sustainable, species appropriate plantings rather than simply meeting the dollar value of trees being removed from the property. A tree preservation plan should also be developed for those trees slated for retention throughout the construction phase and presented to the City as part of the permitting process. METHODOLOGY ASSIGNMENT Aspen Savatree (AST) was commissioned by the property owner’s representative, Britni Johnson with Rawley Design Planning LLC, to inventory and assess the trees located on the property at 844 Roaring Fork Road in Aspen, Colorado. The assignment was to do the following: • Inventory trees on the property that are shown on the site improvement survey from True North Colorado, dated November 5, 2024. • Place a numbered aluminum tag at the base of each inventoried tree matching the number shown on the attached tree inventory spreadsheet. • Collect data for each inventoried tree including species, diameter, tree survey number, overall condition, mitigation value, and suggested value reduction based upon condition. • Document this information in a spreadsheet and prepare a written report of findings. 240 3 | Page LIMITS OF THE ASSIGNMENT This tree assessment is based solely upon the information noted from visits to the site on March 31 and April 3, 2025. AST has not performed any professional surveying, laboratory examinations, soil composition/compaction studies, or any other diagnostic techniques beyond ground level visual examination of trees and the site. At the time of my visit, deciduous trees had dropped their leaves, therefore leaf color, shape, and size were not utilized in determining overall tree health. Snow depths across the property ranged from 0” to 6” in depth, limiting the ability to see the lower portions of tree trunks, trunk flare, and surface roots for some trees. ASSESSMENT METHODS As part of my visual examination of the trees on site, each tree was measured with a standard diameter tape at 4.5 feet above grade. I performed a 360-degree evaluation from ground level and took photos with an iPhone 13 of any defects, abnormalities, or other factors that may negatively contribute to each tree’s overall condition. Photos were taken to provide visual examples of items discussed in this report. Trees showing indicators of possible internal decay were sounded with a rubber mallet. Invasive methods of detecting internal decay were not employed as part of this assignment. PURPOSE & USE OF REPORT The purpose of this report is to provide current information regarding the identified trees within the project scope. It is intended to be used by the property owner and development team as an informative reference for developing a management strategy for these trees and for their incorporation into potential redevelopment planning and City permitting requirements. INVENTORY AST completed an inventory of the target trees, found in Attachment A. Tree locations are shown in the survey accompanying this report, found in Attachment B. For purposes of this report, a tree stem is defined as a stem originating at the ground or attached with another stem within 4 ½ feet from the ground. During the inventory process, each tree stem within the scope of this report was measured with a diameter tape and visually evaluated from the ground. Tree data was collected for each stem including, tree #, the Diameter at Breast Height (DBH) measured to the lower ½ inch at approximately 4.5 feet above ground level, tree species, and condition. Individual trees were inspected from ground level only. No advanced assessment was done in tree canopies or below existing soil levels. Trees located off property and within the adjacent right of way (ROW), were assessed but aluminum tags were not placed on their trunks. Tree #77 on the inventory no longer exists in the landscape. Tree #81 is located on the northern neighbor’s side of the fence, where several ‘No Trespassing’ signs are visible. I did not cross the fence to collect inventory data for this tree, nor did I put an aluminum tag on its trunk. Condition values were assigned because of visual indicators such as the presence of dead limbs, signs or symptoms of disease/insects, or structural defects. Definitions of the condition scale are as follows: 241 4 | Page Excellent - A healthy, vigorous tree, reasonably free of signs and symptoms of disease, with good structure and form typical of the species. Good - Tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected. Fair - Tree with moderate vigor, moderate twig and small branch dieback, thinning of crown, poor leaf color, moderate structural defects that might be mitigated by regular care. Poor - Tree in decline, epicormic growth, extensive dieback of medium to large branches, significant pathogen activity or structural defects that cannot be abated. Dead - Tree is in severe decline, highly hazardous or is dead. TREE MITIGATION Even though the purpose of this inventory report does not include applying for a tree removal permit with the City of Aspen, a discussion regarding mitigation should be considered. 844 Roaring Fork Road is located within the City limits of Aspen and is governed by the City’s tree code language. Under the City code, mitigation can be met via cash in lieu payment, replanting trees, or some combination of the two equaling the monetary value assigned to the trees removed. Recent changes to the City’s code language pertaining to tree removal consider wildfire threat as a viable reason for tree removal. An evaluation by the Aspen Fire Department is required as part of this process. Tree removal within five feet of the home will be approved with no mitigation required. Trees found outside that 5-foot distance will be considered based upon the area risk and the City Forester’s review of the property. Additional information about this policy and steps for applying the new code language to this property can be found as Attachment C. Below is a figure taken from Attachment C showing the dichotomy of tree removal decision making based upon wildfire considerations. 242 5 | Page We understand the purpose and objectives of the City’s Tree Removal and Mitigation requirements. Healthy trees are an asset to the property owner and the community. However, trees that are in poor health or structurally defected can present a safety and forest health liability for the property owner and the community. Therefore, we believe it is reasonable and appropriate to account for this liability by adjusting/devaluing the mitigation value of a specific tree based on the condition of the tree, as is the standard protocol in the City of Aspen during the tree removal permit process. This adjustment is made by multiplying the tree’s diameter by a percentage based on the tree’s condition. The result is an adjusted mitigation value. The following narrative details our mitigation adjustment procedure. Final tree removal approvals and mitigation values are ultimately made by the Aspen City Forester, or their designee. Each tree stem evaluated was entered into a tree inventory worksheet noting the tree#, DBH, condition rating, comments, and suggested mitigation reduction after considering overall tree condition. The adjusted mitigation DBH is calculated by multiplying the actual mitigation value by the assigned mitigation percentage. The mitigation adjustment percentage ranges from 0 to 100%. This percentage was assigned based on the condition of the tree, forest health and the wildfire risk the tree poses to the site and area. Structurally defective trees can present a safety risk to people and/or property. Dead or declining trees pose a threat to forest health, hosting and attracting insect pests and disease becoming a point source for the spread of these pest and disease problems. Dead and declining trees can also provide a fuel source for wildfire and provide a mechanism for the spread of wildfire. The following are the mitigation adjustment percentages used to quantify these issues. We believe this is a reasonable method to maintain the City of Aspen’s tree removal mitigation objectives while achieving an appropriate and sustainable landscape. Adjusted mitigation numbers can benefit the community forest by encouraging proper species, planting numbers, sizes, and spacing for site conditions, resulting in a long-term asset for everyone involved. 1. 100% Mitigation – A tree scoring an Excellent or Good Condition Rating. 2. 50% Mitigation – A tree scoring a Fair Condition Rating. 3. 0% Mitigation – A tree scoring a Poor or Dead Condition Rating. OBSERVATIONS & DISCUSSION SITE DESCRIPTION 844 Roaring Fork Road is a residential property located at the top of slope overlooking the Roaring Fork River and Hallam Lake in the west end of Aspen, Colorado. The property has a single-family home on the northeast portion of the property and is bordered by a steep slope to the south, Roaring Fork Road to the north, and other single-family residences to the east and west. The homesite and portions of the property where future development may occur has a flat topography and is comprised of native tree species to the area, though the trees on this site were planted during or after the construction of the 243 6 | Page home. The property is primarily comprised of aspen (Populus tremuloides), blue spruce (Picea pungens), lodgepole pine (Pinus contorta), and narrowleaf cottonwood (Populus angustifolia). TREE OBSERVATIONS Several trees on the site have a codominant growth structure originating at grade level or within the canopy. This type of growth occurs when two or more stems originate from a single point of origin, or when two or more stems originate at grade level in close proximity to one another. Over time, these stems increase in size and fill the space that previously existed between the stems to create what is known as bark inclusions. When this happens, competing forces are exerted on the codominant stems and can lead to structural failure of one or more stems. Failure is not a certainty, though the likelihood of failure in these species of trees with codominant structure increases under snow and wind loading as bark inclusions progress. Tree #53 is actively failing as a result of codominant stems and bark inclusions. Overcrowding of trees throughout the property has resulted in trees competing for resources such as light, water, and nutrients. Due to this competition, specifically for light, these trees have developed asymmetrical canopies and branch structures atypical for the species. Poor canopy structure can increase the likelihood of failure under normal wind and snow loading. Competition for resources can also cause stress within individual trees and leave them prone to secondary insect and disease pathogens. Fungal cankers and internal decay are typical when wounds are created in tree trunks or branches and these problems were noted in several trees throughout the property. Cytospora was the primary type of canker seen during the survey. Other fungal issues may exist, though their signs and symptoms were not detected during the assessment. Cytospora canker is a fungal infection that girdles stems and causes the tree to die above the point of infection. Cytospora is typically found in trees under stress or in poor health. There is no treatment for this disease other than reducing stress on trees or pruning out the diseased branches if the canker has not already spread into the trunk of the tree and caused severe damage to the vascular system. DISCUSSION The following information pertains to the trees identified to have conditions that lend themselves to a reduction in mitigation value and/or are relevant to improving the landscape conditions that exist on the property. All other trees within the scope of this report can be found within the tree inventory table and have condition ratings of ‘Excellent’ or ‘Good.’ Trees listed in Poor condition due to one or more of the conditions described in the tree observation section above should be considered for removal to improve the overall health of the landscape. Fungal pathogens, insect populations, and risk to persons or property will be reduced with the removal of these trees. Comments for individual trees can be found on the tree inventory sheet attached to this document, and management decisions can be made for selectively removing trees based upon condition comments if all trees in Poor condition are not desired for removal at the same time. 244 7 | Page Trees #41, 71, 78, 86, and 87 have codominant stems with bark inclusions that pose a potential risk to people and/or property should those stem unions fail. The installation of dynamic cabling and bracing systems can reduce the likelihood of failure if installed in these trees. Trees #50 and 72 have defects in their trunks and irregular body language indicating the possibility of internal decay existing within their trunks. The use of resistance drilling techniques can be used to define the presence and the extent of decay within these trees. Trees identified in Fair condition are primarily a result of codominant growth habits, branch dieback, and/or overcrowding. Due to their current condition, these trees are not likely candidates for a 100% reduction in their mitigation value but may be considered for a reduction in value of up to 50% if removal is requested and approved. Trees in fair condition may not be viable candidates for preservation if future construction activities are proposed within their critical root zones, generally defined as a circular area around the tree with a radius in feet one times the trunk diameter in inches. Activities such as grade changes (cut or fill), disruption to supplemental irrigation, soil compaction, or significant pruning for building clearances will likely result in a further decline in overall health, aesthetics, and structural stability. As the site is under development, it is important to minimize impacts of the work. Generally, a tree protection plan that is devised and implemented prior to any site work is an excellent way to ensure necessary impacts are managed in the best manner possible. The following broad recommendations pertain to the site regarding minimizing construction impacts: • Maximize tree protection zones to the largest possible size-up to twice the dripline for larger trees with a minimum of dripline for smaller trees. Tree protection zones should be delineated with fencing and no materials stored within the zone. No foot or equipment traffic should occur within the protection zones. • When cuts in any root zone areas must occur, cut roots cleanly at soil line and keep well- watered to minimize root loss. Use of burlap and plastic to drape over roots at edge of excavation can help retain moisture until the hole is backfilled. 245 8 | Page •Do not apply fill over existing root zone areas. If necessary, aeration systems can be designed to minimize impacts. •Under no circumstance should soil or other objects contact tree stems. •Remove dead, diseased or dying trees promptly to reduce the spread of pathogens. •When frequent foot or vehicular traffic must occur over root zone areas, placement of 6”-12” of mulch will reduce compaction damage. •Trees in general should receive approximately 10 gallons per inch trunk diameter every 1-3 weeks depending on site conditions and species to maximize vigor. The following general recommendations regarding tree pruning and removal should be followed to maximize overall tree health on the site: •Any tree work performed on trees should be performed by or directed by an International Society of Arboriculture Certified Arborist and all work should adhere to the standards set forth by the ANSI A300 standards for tree care operations. •Deciduous trees should be pruned to remove dead, dying, and diseased branches to a minimum of one inch in diameter periodically to reduce hazards and to maximize tree health and aesthetic value. •Removal of live tissue from any trees should be minimized and only performed if necessary for safety while trees are being impacted by construction. •Conifers may have dead limbs removed periodically for aesthetic considerations. Live branch removal should be minimized, especially during construction and for 2-3 years following construction efforts. The following general recommendations pertain to insect/disease control for trees on the site: • Monitoring and treatment of leaf feeding pests should occur 2-3 times yearly by a qualified technician. •Preventative treatments for bark beetles should be employed for spruce and lodgepole pines on the property. Fertilization should not occur on root damaged or stressed trees and should only be applied in response to a specific deficiency noted as a result of soil testing. Soil enhancements to improve microbial activity, build soil structure, increase organic matter, and improve pH levels can positively impact tree health and should be considered before, during, and after construction. The mitigation value for all the trees assessed totals $1,243,244.75 per City of Aspen tree valuation code language. The suggested mitigation value for the trees after applying the condition ratings that I have assigned totals $527,440.72. Final mitigation values are defined by the City of Aspen’s City Forester as part of the formal tree removal permit process. 246 9 | Page CONCLUSIONS/RECOMMENDATIONS Trees in Poor condition should be considered for removal regardless of any future redevelopment plans due to their overall health, structure, and/or spread of insects and disease pathogens. Even though these trees are in ‘Poor’ condition, a permit from the City of Aspen is still required prior to removal. A property evaluation by the Aspen Fire Department should be requested at your earliest convenience. These evaluations are provided free of charge and can provide beneficial information about reducing the wildfire threat to the property. It may also provide valuable information to accompany application submittals when applying for a tree removal permit with the City of Aspen Parks Department. Trees in ‘Fair’ or ‘Good’ condition that will be impacted by grade changes, extensive pruning, or are within the footprint of the proposed construction zone should be included in the tree removal permit applications submitted to the City of Aspen at the time building permits are being developed and executed. Other trees in ‘Fair’ or ‘Good’ condition that are to be retained on site but subjected to future construction disturbances should be identified and a preservation plan developed for these trees. A thorough preservation plan developed by a qualified arborist will increase the likelihood that these trees will remain long-term assets in the landscape. If functional irrigation systems on this property are to be demolished during construction efforts, supplemental watering of trees during the growing season (May-November) will be necessary to maintain the health of the trees to be retained in the landscape. Dynamic cabling and bracing systems should be installed in Trees #41, 71, 78, 86, and 87 if they are to be retained in the landscape. These systems should be monitored bi-annually at a minimum to evaluate UV degradation, damage from wildlife, and tension due to loading and/or tree growth. Trees #50 and 72 should be further investigated utilizing a resistance drill to define the presence and extent of internal decay in their trunks. The results will provide the information necessary to make appropriate management decisions for these trees. Tree #53 should be removed immediately as it is actively failing and posing a risk to vehicle and pedestrian traffic along Roaring Fork Road. 247 10 | Page PHOTOS Photo 1. Cottonwood with extensive decay at codominant stem union. 248 11 | Page Photo 2. Aspens with multiple codominant stems; 2 stems on right are actively failing. 249 12 | Page Photo 3. Cottonwood with very poor canopy structure and leaning towards neighbor’s house. 250 13 | Page Photo 4. Cottonwoods in backyard on steep slope with excessive soil fill on their root systems. 251 14 | Page Photo 5. Cottonwood with damage from beaver chewing on trunk. 252 15 | Page Photo 6. Spruce trees with very poor pruning cuts; creating optimal entry points for insects and disease. 253 844 Roaring Fork Road Aspen SavaTree April, 2025 Tree Survey # Species DBH (inches) Mitigation Value ($) Suggested Mitigation Value ($) Condition Comments 1 Narrowleaf cottonwood 27 $ 26,324.19 $ 13,162.10 Fair large diameter dead branches in canopy 2 Narrowleaf cottonwood 25 $ 22,568.75 $- Poor Decay at base; tree leaning in adjacent tree 3 Blue spruce 5 $ 902.75 $ 902.75 Good 4 Narrowleaf cottonwood 13.5 $ 6,581.05 $- Poor 90% dead 5 Narrowleaf cottonwood 19.5 $ 13,730.83 $ 6,865.41 Fair Wound/minor decay at base; poor canopy structure 6 Narrowleaf cottonwood 15.5 $ 8,675.43 $- Poor Top broken out; only live branches are watersprouts 7 Narrowleaf cottonwood 20 $ 14,444.00 $ 7,222.00 Fair Poor canopy structure 8 Narrowleaf cottonwood 20 $ 14,444.00 $ 7,222.00 Fair Poor canopy structure 9 Narrowleaf cottonwood 24 $ 20,799.36 $ 10,399.68 Fair Asymmetric canopy; 50% dieback in crown 10 Narrowleaf cottonwood 21.5 $ 16,691.85 $ 8,345.92 Fair Severe lean downhill; poor structure 11 Narrowleaf cottonwood 12, 19.5 $ 23,480.53 $- Poor Extensive decay in trunk at codominant stem union 12 Narrowleaf cottonwood 10.5, 19 $ 21,234.94 $ 10,617.47 Fair Codominant structure in canopy; storm damage/tearouts in canopy 13 Narrowleaf cottonwood 19.5, 21.5 $ 35,263.67 $ 17,631.84 Fair Codominant stems at base w/ 3' bark inclusion 14 Narrowleaf cottonwood 26 $ 24,410.36 $- Poor Extensive decay in trunk at base 15 Narrowleaf cottonwood 24 $ 20,799.36 $ 10,399.68 Fair Deadwood in canopy; declining overall health 16 Blue spruce 14 $ 7,077.56 $ 7,077.56 Good 17 Blue spruce 18.5 $ 12,358.65 $ 12,358.65 Good 18 Blue spruce 14 $ 7,077.56 $ 7,077.56 Good 19 Narrowleaf cottonwood 11.5 $ 4,775.55 $- Poor Decay at base; asymmetric canopy 20 Narrowleaf cottonwood 9 $ 2,924.91 $- Poor Overcrowded; very poor canopy structure 21 Codom stem of #23 * $- $- * 22 Codom stem of #23 * $- $- * 23 Narrowleaf cottonwood 7.5, 18.5, 20 $ 39,323.79 $- Poor Extensive decay in trunk at codominant stem union 24 Narrowleaf cottonwood 19 $ 13,035.71 $ 6,517.86 Fair Deadwood in canopy; declining overall health 25 Narrowleaf cottonwood 16 $ 9,244.16 $ 4,622.08 Fair Deadwood in canopy; declining overall health 26 Narrowleaf cottonwood 15.5, 17.5 $ 23,022.38 $- Poor Codominant stems at base w decay; 1 stem dead in codom canopy 27 Narrowleaf cottonwood 7 $ 1,769.39 $ 884.70 Fair Crowded; dieback in canopy 28 Outside project scope * $- $- * 29 Narrowleaf cottonwood 8 $ 2,311.04 $- Poor Overcrowded; poor canopy structure 30 Narrowleaf cottonwood 11 $ 4,369.31 $ 2,184.66 Fair Poor canopy structure 31 Narrowleaf cottonwood 11.5 $ 4,775.55 $ 2,387.77 Fair Codominant stems in canopy; minor bark inclusion Page 1of 4 Attachment A 254 844 Roaring Fork Road Aspen SavaTree April, 2025 Tree Survey # Species DBH (inches) Mitigation Value ($) Suggested Mitigation Value ($) Condition Comments 32 Narrowleaf cottonwood 18.5, 19 $ 28,818.04 $ 14,409.02 Fair Codominant stems at base w/ 3' bark inclusion 33 Narrowleaf cottonwood 17.5 $ 11,058.69 $ 11,058.69 Good 34 Narrowleaf cottonwood 18, 19 $ 28,310.24 $- Poor Codominant stems at base w/ bark inclusion; large diameter dieback in canopy 35 Narrowleaf cottonwood 8.5 $ 2,608.95 $- Poor Trunk damage from beaver; top dead 36 Narrowleaf cottonwood 11.5, 20.5, 21 $ 49,434.59 $ 24,717.30 Fair Codominant stems at base w/ 4' bark inclusion 37 Narrowleaf cottonwood 5.5 $ 1,092.33 $- Poor Overcrowded; girdling by chicken wire on lower trunk 38 Narrowleaf cottonwood 5.5 $ 1,092.33 $- Poor Overcrowded; no future growth potential 39 Narrowleaf cottonwood 13.5 $ 6,581.05 $- Poor Decay at base; top cut out in past; very poor canopy structure 40 Narrowleaf cottonwood 21 $ 15,924.51 $ 15,924.51 Good 41 Narrowleaf cottonwood 40 $ 57,776.00 $ 28,888.00 Fair Codominant stems at base w/ 5' inclusion; Needs cable if kept* 42 Narrowleaf cottonwood 14 $ 7,077.56 $ 3,538.78 Fair Poor canopy structure; large diameter lead removed in past 43 Narrowleaf cottonwood 11.5 $ 4,775.55 $- Poor Very poor structure; leaning towards neighbor's house 44 Narrowleaf cottonwood 14 $ 7,077.56 $- Poor Very poor structure; leaning towards neighbor's house 45 Narrowleaf cottonwood 20 $ 14,444.00 $- Poor Very poor structure; leaning towards neighbor's house 46 Narrowleaf cottonwood 19 $ 13,035.71 $- Poor Very poor structure 47 Blue spruce 11 $ 4,369.31 $ 4,369.31 Good 48 Blue spruce 6.5 $ 1,525.65 $ 1,525.65 Good 49 Narrowleaf cottonwood 15 $ 8,124.75 $ 4,062.38 Fair Extensive soil fill on upslope side of root system; leaning 50 Narrowleaf cottonwood 33 $ 39,323.79 $ 19,661.90 Fair Extensive soil fill upslope side of root system; trunk decay possible; drill if kept* 51 Narrowleaf cottonwood 30 $ 32,499.00 $- Poor Large open cavity at base of trunk; extensive decay in trunk 52 Aspen - No tag, in ROW 13, 13 $ 13,730.83 $ 6,865.42 Fair Codominant stems at base w/ 2' bark inclusion 53 Aspen - No tag, in ROW 12.5,13,11.5,9, $ 90,275.00 $- Poor Multiple codominant stems; tree falling apart; 2 stems failed/hanging by cable 54 Codom stem of #52 10.5,8.5,9,13 $- $ - * 55 Codom stem of #52 * $- $ - * 56 Codom stem of #52 * $- $ - * 57 Codom stem of #52 * $- $ - * 58 Blue spruce 4.5 $ 731.23 $- Poor Overcrowded; limbed up via very poor pruning cuts 59 Blue spruce 19 $ 13,035.71 $ 13,035.71 Good 60 Blue spruce; no tag, ROW 9, 13.5 $ 11,699.64 $ 5,849.82 Fair Crowded; codominant stems at base w/ minor inclusion 61 Blue spruce; no tag, ROW 9 $ 2,924.91 $ 1,462.46 Fair Asymmetric canopy due to crowding 62 Aspen - No tag, in ROW 10 $ 3,611.00 $ 3,611.00 Good Page 2of 4 Attachment A 255 844 Roaring Fork Road Aspen SavaTree April, 2025 Tree Survey # Species DBH (inches) Mitigation Value ($) Suggested Mitigation Value ($) Condition Comments 63 Aspen - No tag, in ROW 4.5 $ 731.23 $ 365.61 Fair Overcrowded 64 Aspen - No tag, in ROW 8.5 $ 2,608.95 $ 2,608.95 Good 65 Aspen - No tag, in ROW 7 $ 1,769.39 $ 1,769.39 Good 66 Aspen - No tag, in ROW 8 $ 2,311.04 $ 2,311.04 Good 67 Aspen - No tag, in ROW 6 $ 1,299.96 $ 1,299.96 Good 68 Aspen - No tag, in ROW 5.5 $ 1,092.33 $ 546.16 Fair Overcrowded 69 Aspen - No tag, in ROW 9 $ 2,924.91 $ 1,462.46 Fair Girdling wound approx. 3' above grade 70 Aspen - No tag, in ROW 7 $ 1,769.39 $ 1,769.39 Good 71 Lodgepole pine 22.5 $ 18,280.69 $ 9,140.34 Fair Codominant stems w/ inclusion; cable if kept* 72 Lodgepole pine 15 $ 8,124.75 $ 4,062.38 Fair Old wounds in lower trunk; decay possible; drill if kept* 73 Blue spruce 19.5 $ 13,730.83 $ 6,865.41 Fair Sweep in trunk; leaning over house 74 Blue spruce 7 $ 1,769.39 $ 884.70 Fair Crowded 75 Blue spruce 12.5 $ 5,642.19 $ 5,642.19 Good 76 Blue spruce 7,8.5,6,9,7 $ 19,519.71 $ - Poor Multiple codominant stems at base; no future 77 No tree *-$ -$ * 78 Blue spruce 22, 23.5 42,979.93$ $ 21,489.97 Fair Codominant stems at base w/ inclusion; cable if kept* 79 Aspen 6, 7.5 3,981.13$ $ - Poor Cytospora canker in trunk 80 Blue spruce 19 $ 13,035.71 $ 13,035.71 Good 81 Behind fence; no access *-$ -$ * 82 Blue spruce; no tag, ROW 12, 25 34,701.71$ $ 17,350.86 Fair Asymmetric canopies from previous crowding issue 83 Blue spruce 23.5 $ 19,941.75 $ 19,941.75 Good 84 Blue spruce 5 $ 902.75 $ 902.75 Good 85 Aspen 4.5 $ 731.23 $ 731.23 Good 86 Blue spruce 22 $ 17,477.24 $ 8,738.62 Fair Codominant stems at base w/ 4' bark inclusion; cable if kept* 87 Blue spruce 18, 22.5 35,830.15$ $ 17,915.08 Fair Codominant stems at base w/ minor inclusion; cable if kept* 88 Blue spruce 23 $ 19,102.19 $ 19,102.19 Good 89 Blue spruce 25 $ 22,568.75 $ 22,568.75 Good 90 Blue spruce 31 $ 34,701.71 $ 34,701.71 Good 91 Blue spruce & Fir 9, 19 19,941.75$ $ 9,970.88 Fair Blue spruce and subalpine fir growing together; fungal canker in spruce trunk 92 Blue spruce 13.5, 13.5 14,807.36$ $ 7,403.68 Fair Codominant stems at base; limbed up for house clearance 93 Blue spruce 14.5 $ 7,592.13 $- Poor Excessive limbing; asymmetric canopy; too close to neighbor's house Page 3of 4 Attachment A 256 844 Roaring Fork Road Aspen SavaTree April, 2025 Tree Survey # Species DBH (inches) Mitigation Value ($) Suggested Mitigation Value ($) Condition Comments Totals 1,243,244.75$ 527,440.72$ Page 4of 4 Attachment A 257 G E GV P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14" E 1 5 2 . 0 0 ' DEED=N80°2 8 ' E 1 5 2 . 0 ' N64 ° 0 6 ' 3 7 " E 4 5 . 5 0 ' DEED = N 6 2 ° 4 8 ' E 4 5 . 5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N72°4 8 ' 1 2 " E 8.45' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' CH=N 7 2 ° 3 5 ' 2 4 " E 48.38' R=1417 . 4 0 ' L=48.3 8 ' CH = N 5 5 ° 0 4 ' 5 0 " E 106. 6 4 ' R=16 8 . 5 0 ' L=10 8 . 5 0 ' L=2.82' R=248.00' CH=S48°52'38"W 2.82' L=6.84' R=248.00' CH=S86°44'18"W 6.84' CHAIN-LINK F E N C E W I R E F E N C E E D G E O F W A T E R MA R S H L A N D FOUND 16' WITNESS CORNER REBAR & 1-1/4" BLUE PLASTIC CAP TNC WC PLS38215 SW CORNER OF LOT 2 MERRIAM SUBDIVISION FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS20151 FOUND STEEL T-POST W/TAG LS2376 PROPERTY LINE REF 16.6' FOUND REBAR & 1-1/2" ALUMINUM CAP STAMPED LS2376 PESMAN SE CORNER LOT 21FOUND NO. 5 REBAR FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 1 1 ' ± 2 . 6 ' ± 6.2'± 9.9'± C H A I N - L I N K F E N C E FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ALPINE LS9184 3'± EAST OF FENCE FOUND NO. 5 REBAR SITE BENCH MARK FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP HAROLD JOHNSON LS9018 ON WEST EDGE OF ROCK WALL ELEVATION:7861.50 FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP ILLEGIBLE FOUND NO. 5 REBAR WEST LINE OF LOT 2 MERRIAM SUBDIVISION MER R I A M S U B D I V I S I O N SOU T H L I N E O F L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T 13.7'± 2 7 . 0 ' ± FLAGSTONE P A T I O STAC K R O C K RETA I N I N G FLAGSTONE P A T H W I N D O W W E L L FLAGSTONE WALL F L A G S T O N E GRAVEL PARKING COURT CMP DITC H F L O W L I N E GRAV E L S H O U L D E R PAVE D R O A D W A Y ROAR I N G F O R K RETAINING WALL TRASH ENCLOSURE IS 0.2'± WEST OF PROPERTY LINE F L A G S T O N E P A T H STEPS 21.2' 8 . 0 ' 3.1' 4.0 ' 6 . 5 ' 3. 8 ' 3.1' 1 . 5 ' 21.2' 3 . 0 ' 52.2' 0 . 5 ' 1.3' 8 . 6 ' 1.3' 5 . 2 ' 16.0' 5 . 4 ' 1.2' 5 . 4 ' 3.3' 6 . 0 ' 3.3' 1 5 . 9 ' 18.7' 0 . 5 ' 1.3' 1 5 . 4 ' 11.6' 6 . 1 ' 4.0' 2 4 . 2 ' 24.2' 2 1 . 2 ' 11.5' 7 . 4 ' 24.1' 1 6 . 9 ' 2.5' 1 6 . 5 ' 5.5'1 . 5 ' FLAGSTONE RO A D TWO - STORY FRAME HOUSE 844 ROARING FORK ROAD TWO - CAR GARAGE APPARENT OVERLAP AREA ASPEN CENTER FOR ENVIRONMENTAL STUDIES (SEE NOTE 8) APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION (SEE NOTE 9) APPARENT GAP AREA APPARENT OVERLAP AREA LOT 2 - MERRIAM SUBDIVISION 5 6 7 8 9 10 11 12 4 BLOCK 4 ASPEN COMPANY SUBDIVISION PLAT BOOK 2 PAGE 38 PLANTER OWNER FISHCAMP LLC LOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 PARCEL A PARCEL B OWNER ASPEN CENTER FOR ENVIRONMENTAL STUDIES RECEPTION NO. 138551 PROPERTY AREA 30,954± SQ.FT. 0.711± ACRES OWNER HALLAM SANCTUARY LLC RECEPTION NO. 623931 H A L L A M L A K E B L U F F R E V I E W A R E A ( S C A L E D F R O M C I T Y O F A S P E N M A P P I N G ) NOR T H L I N E ACE S P R O P E R T Y SPECIAL SETBACK AREA BOOK 634 PAGE 18 1 2 3 4 56 7 8 9 10 1112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 4041 42 4344 45 46 47 48 49 50 51 52 5354555657 58 59 60 61 62 6364 65 66 67 68 6970 71 72 73 74 75 7677 78 79 80 81 82 83 84 85 86 878889 90 91 92 93 I V B I V B IVB IVB IVB IVB ST R E A M M A R G I N TO P O F S L O P E (S C A L E D F R O M CI T Y O F A S P E N M A P P I N G ) 7861 7861 7862 7860 7855 7850 7845 7840 7835 7830 7825 7820 7820 7 8 6 0 78 6 1 786 0 7860.65 FFE 7860.50 FFE 7862.0 FFE FL O O D Z O N E A E BA S E F L O O D E L E V A T I O N : 7 8 1 8 FE M A F L O O D M A P N O . 0 8 0 9 7 C 0 3 5 4 E AU G U S T 1 5 , 2 0 1 9 FL O O D Z O N E X TELEPHONE PEDESTAL GV GAS VALVE GAS METER ELECTRICAL METER LANDSCAPE LIGHT G E SURVEYOR'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER IT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. NOTES: 9. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION S159 HAVING AN ELEVATION OF 7720.88. 10. CONTOUR INTERVAL EQUALS 1-FOOT. A PARCEL OF LAND SITUATED IN BLOCK 4 OF ASPEN COMPANY SUBDIVISION & BLOCK 90 OF HALLAM'S ADDITION TO THE TOWN OF ASPEN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PITKIN COUNTY PARCEL NO. 2735-121-20-002 IMPROVEMENT & TOPOGRAPHIC SURVEY TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2024-313 DATE:November 5, 2024 DRAWN RPK SURVEYED GBL SHEET 1 OF 1 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 16' 8'32' SCALE: 1" = 16' FURNISHED PROPERTY DESCRIPTION: 0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IRRIGATION VALVE BOXIVB N LEGEND TITLE EXCEPTION NOTES: TREE TYPE TRUNK DRIP 1 COTTONWOOD 23'' 40' 2 COTTONWOOD 19'' 32' 3 CONIFEROUS 5''6' 4 COTTONWOOD 16'' 24' 5 COTTONWOOD 13'' 24' 6 COTTONWOOD 13'' 24' 7 COTTONWOOD 18'' 24' 8 COTTONWOOD 17'' 24' 9 COTTONWOOD 19'' 30' 10 COTTONWOOD 17'' 12' 11 COTTONWOOD MULTI 30'' 16' 12 COTTONWOOD MULTI 29'' 16' 13 COTTONWOOD MULTI 31'' 28' 14 COTTONWOOD 20'' 30' 15 COTTONWOOD 20'' 24' 16 CONIFEROUS 12'' 18' 17 CONIFEROUS 16'' 20' 18 CONIFEROUS 12'' 18' 19 COTTONWOOD 10'' 14' 20 COTTONWOOD 8'' 14' 21 COTTONWOOD 5''6' 22 COTTONWOOD 6'' 8' 23 COTTONWOOD MULTI 41'' 32' 24 COTTONWOOD 17'' 24' 25 COTTONWOOD 14'' 20' 26 COTTONWOOD MULTI 29'' 26' 27 COTTONWOOD 7'' 10' 28 CONIFEROUS 8'' 16' 29 COTTONWOOD 7'' 6' 30 COTTONWOOD 9'' 10' 31 COTTONWOOD 10'' 12' 32 COTTONWOOD MULTI 29'' 30' 33 COTTONWOOD 16'' 26' 34 COTTONWOOD MULTI 31'' 30' 35 COTTONWOOD 8'' 10' 36 COTTONWOOD MULTI 44'' 34' 37 ASPEN 5''8' 38 COTTONWOOD 5''6' 39 COTTONWOOD MULTI 17'' 14' 40 COTTONWOOD 14'' 26' 41 COTTONWOOD MULTI 43'' 30' 42 COTTONWOOD 12'' 14' 43 COTTONWOOD 10'' 12' 44 COTTONWOOD 13'' 14' 45 COTTONWOOD 18'' 20' 46 COTTONWOOD 16'' 14' 47 CONIFEROUS 10'' 16' 48 CONIFEROUS 7'' 12' 49 COTTONWOOD 13'' 16' 50 COTTONWOOD 29'' 32' 51 COTTONWOOD 24'' 28' 52 ASPEN MULTI 22'' 24' 53 ASPEN MULTI 23'' 24' 54 ASPEN 12'' 18' 55 ASPEN MULTI 18'' 18' 56 ASPEN 13'' 24' 57 ASPEN MULTI 22'' 20' 58 CONIFEROUS 5'' 6' 59 CONIFEROUS 16'' 24' 60 CONIFEROUS MULTI 19'' 22' 61 CONIFEROUS 8'' 14' 62 ASPEN 8'' 12' 63 ASPEN 4'' 6' 64 ASPEN 8'' 12' 65 ASPEN 7'' 10' 66 ASPEN 8'' 12' 67 ASPEN 6'' 10' 68 ASPEN 5'' 6' 69 ASPEN 8'' 8' 70 ASPEN 8'' 10' 71 CONIFEROUS 23'' 32' 72 CONIFEROUS 17'' 30' 73 CONIFEROUS 14'' 28' 74 CONIFEROUS 7'' 12' 75 CONIFEROUS 12'' 18' 76 CONIFEROUS MULTI 16'' 18' 77 CONIFEROUS MULTI 19'' 16' 78 CONIFEROUS MULTI 40'' 28' 79 ASPEN MULTI 13'' 14' 80 CONIFEROUS 16'' 22' 81 CONIFEROUS 12'' 18' 82 CONIFEROUS MULTI 32'' 40' 83 CONIFEROUS 20'' 38' 84 CONIFEROUS 6'' 10' 85 ASPEN MULTI 6'' 8' 86 CONIFEROUS MULTI 24'' 20' 87 CONIFEROUS MULTI 32'' 34' 88 CONIFEROUS 22'' 36' 89 CONIFEROUS 18'' 34' 90 CONIFEROUS 26'' 40' 91 CONIFEROUS MULTI 23'' 26' 92 CONIFEROUS MULTI 24'' 28' 93 CONIFEROUS 12''18' SLOPE LEGEND 20.01% TO 30% (1,545± SQ.FT.) 30.01% TO 40% (1,862± SQ.FT.) 40% & GREATER (10,529± SQ.FT.) 0% to 20% (17,018± SQ.FT.) Attachment B 25 8 Parks and Open Space Wildfire Mitigation Policy Version: July 23, 2024 Attachment C 259 Wildfire Mitigation Policy | 2 Table of Contents Wildfire Mitigation Policy.............................................................................................................................3 Background...............................................................................................................................................3 Purpose.....................................................................................................................................................3 Fire Mitigation Best Practices...................................................................................................................3 Mapping Wildfire Risk...............................................................................................................................4 Criteria for removal or relocation of trees identified as wildfire risk.......................................................4 Fees for Tree Removal..............................................................................................................................5 Appendix A – List of Fire Resistant Vegetation (shrubs and trees) for Planting...........................................7 Attachment C 260 Wildfire Mitigation Policy | 3 Wildfire Mitigation Policy Background The City of Aspen Parks and Open Space department and the Aspen Fire Protection District (AFPD) have developed a unified approach to wildfire mitigation strategies within city limits. City staff have developed this policy and matrix to provide guidelines that help analyze the risk that properties face and the opportunities for vegetation removal to help mitigate that risk. The City’s goal is to balance the long-term benefits of a healthy urban forest with the recognized need to make our homes resilient to the threat of wildfire. The department has further worked with the AFPD to determine standards for mapping of wildfire risk, as well as best practices for wildfire mitigation actionsand an Intergovernmental Agreement (IGA) between the City and AFPD memorializes this arrangement. This policy works in tandem with Ordinance 11 of 2024, which updates the City of Aspen Municipal Code to provide allowance for property owners to remove trees and shrubs around structures in order to reduce wildfire fuels. Purpose The purpose of this policy is to provide guidelines that balance a healthy urban forest and tree preservation, with fuel reduction and tree removals on properties within the City of Aspen. Trees are an important part of our community, and while this policy aims to keep our community safe from wildfire, we recognize that a healthy urban forest provides a variety of benefits to the community and the larger ecosystem. Fire Mitigation Best Practices The National Fire Protection Agency (NFPA) has developed the Firewise USA program to help residents reduce wildfire risks on their property. This model has been adapted across the country by local organizations to reflect local risks and provide region specific guidance. This third-party program provides the foundation for the Parks and Open Space Departments understanding of best practices for landscape management in relation to structures. Critical to the Firewise program is the definition of the home ignition zone and how to manage the ‘defensible space’ surrounding structures. Defensible space is the area around a structure that has been modified to reduce fire hazard by creating space between potential fuel sources. Critical to the idea of defensible space is the establishment of management zones within the landscape that recognize the role that fuel continuity can play in wildfire behavior. Zone 1 0 – 5 Feet from Structure This zone is designed to prevent flames from coming in direct contact with the structure. Zone 2 5 – 30 Feet from Structure This zone is designed to give an approaching fire less fuel, which will help reduce the intensity as it gets nearer to structures. Zone 3 30 – 100 Feet from Structure This zone focuses on mitigation that keeps fire on the ground, but it’s also a space to make choices that can improve forest health. Healthy forests include trees of multiple ages, sizes and species, where adequate growing room is maintained over time. Attachment C 261 Wildfire Mitigation Policy | 4 Mapping Wildfire Risk Mapping Wildfire risk is an evolving science that involves a complex analysis of topography, vegetation type, aspect and many other environmental factors. The importance of an accurate and up to date wildfire risk map is recognized by both the AFPD and the Parks department as a foundational tool for understanding the risk that specific properties face in the event of a wildfire. Not all properties in the City of Aspen have the same level of risk, and as a result, allowances for the removal of trees and shrubs for fuel reduction take into account the defined risk for a given properties location within the map. The mapping tool used by The City of Aspen will be from a third-party and vetted for accuracy by the Aspen Fire Protection District. Criteria for removal or relocation of trees identified as wildfire risk The criteria for the removal of vegetation is outlined in the following Wildfire Mitigation Matrix and has been developed using Firewise best management practices and wildfire risk mapping. A property owner intending to remove trees for fire mitigation purposes should follow these steps before proceeding with removal. 1. Contact the Aspen Fire Protection District for a free home assessment. 2. After the home assessment is complete, apply for a tree removal permit from the Parks and Open Space Department and include the home assessment as a part of the submission. 3.Meet with the City forester onsite to discuss the trees proposed for removal and verify the strategies proposed per management zone. **The City Forester will make the final determination on what will be allowed for removal or relocation based on the ‘Wildfire Mitigation Matrix’ (shown below). 4. Following the receipt of a tree removal permit, the tree(s) may be removed by the homeowner or a licensed tree care provider. 5. If replanting of wildfire resistant trees is stipulated as part of the permit, schedule an inspection with the forester once that work is complete. Attachment C 262 Wildfire Mitigation Policy | 5 As a condition of approval of the removal or relocation of vegetation, the Parks and Recreation Director may require that the owner replace any removed or relocated tree with a tree or shrub designated as a fire-resistant species. The Parks and Open Space Department will maintain a list of suitable fire-resistant tree and plant species and make that list available to the public via its website or at the Parks and Open Space office. Pruning or limbing of vegetation may be recommended or required by the City Forester in lieu of removal. Fees for Tree Removal The valuation of a tree is set forth in Sec. 2.12.080. Parks Department fees of the Municipal Code. This valuation will be applied as the baseline value for trees proposed for fire mitigation removal. When a fire-resistant species is planted to mitigate the value of the removed tree, the value of the fire-resistant plant shall be factored into the fee determination to incentivize replanting with fire resistant plants, instead of vegetation removal and cash-in-lieu payments. 1. Trees removed within 5 feet of a structure will not be subject to mitigation fees as defined in the City of Aspen Municipal Code. 2. Trees removed within 5 – 30 feet of a structure will be subject to mitigation fees as defined in the City of Aspen Municipal Code. Attachment C 263 Wildfire Mitigation Policy | 6 a. Replanting of fire-resistant species within this zone will offset mitigation fees at a ratio of 2:1. For example the removal of an existing tree with mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $500. 3. Trees removed within 30 - 100 feet of a structure will be subject to mitigation fees as defined in the City of Aspen Municipal Code. a. Replanting of fire-resistant species within this zone will offset mitigation fees at a ratio of 1:1. For example the removal of an existing tree with mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $1,000. Please note the following conditions: 1. The City Forester may also determine that a full or partial fee waiver is warranted. 2. Replanting of Firewise species needs to occur to receive a reduction in calculated fees. If the homeowner elects to not replant trees, the entire calculated fee will be assessed. 3. This policy is intended for stand-alone tree permits for existing structures in the City. The Wildfire Mitigation Policy may be amended, updated and expanded from time to time by City Council Resolution. At least one copy of the Wildfire Mitigation Policy shall be available for public inspection at the offices of the Parks and Open Space Department. Attachment C 264 Wildfire Mitigation Policy | 7 Appendix A – List of Fire Resistant Vegetation (shrubs and trees) for Planting Fire Resistant Tree List Latin Name Common Name Populus tremuloides aspen Populus angustifolia narrowleaf cottowood Amelanchier alnifolia saskatoon serviceberry Prunus virginiana melanocarpa western chokecherry Betula fontinalis River birch *other related or appropriate species may be considered with fire resistant characteristics such as: -Trees with low sap or resin content (examples: many deciduous species). -Trees with high moisture content -Trees with open, loose branches with allow volume of total vegetation Attachment C 265 Attachment 826 6 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A HALLAM LAKE BLUFF ENVIRONMENTALLY SENSITIVE AREA REVIEW AND SPECIAL REVIEW FOR THE FARRISH RESIDENCE LOCATED AT 844 ROARING FORK ROAD (LOTS 5-9 AND PARTS OF LOTS 10 AND 11, ASPEN COMPANY SUBDIVISION)Resolution No. 95 - 14~} WHEREAS, any development within 100 feet of the 7850 elevation line and bordering the bluff around Hallam Lake is subject to review and approval by the Planning and Zoning Commission pursuant to the provisions of Section 24-7-506 of the Aspen Municipal Code; and WHEREAS, Ordinance 35, Series of 1994 requires that any proposed residential development which exceeds 85% of allowable floor area shall comply with residential design standards and be reviewed by the FAR Overlay Committee; and WHEREAS, applications for Hallam Lake ESA review and FAR review were submitted to the Planning Office by Mrs. Stephen Farrish for the renovation and expansion of her residence; and WHEREAS, on March 7, 1995, the Planning Commission reviewed the application and staff's memorandum and approved the Hallam Lake ESA aspect of the project with conditions (by a 5-0 vote) based on their interpretation of the plans that the living room wing of the home would remain intact as an encroachment into the "no development" setback area; and WHEREAS, on April 5, 1995, the project was introduced to the FAR Overlay Committee. At this meeting, the three P&Z members sitting on the Overlay Committee came to the realization that the proposed residence required a complete demolition of the existing home, including the living room area which was considered a legitimate encroachment when reviewed by the P&Z; and WHEREAS, because of this concern the Overlay Committee tabled the item; and WHEREAS, the City Attorney made the determination that the P&Z could decide to rehear the Hallam ESA review based on the revised understanding of the project;WHEREAS, at their regular meeting on April 25, 1995, the P&Z moved to rehear the Hallam Lake ESA review by a 4-0 vote (2 abstentions) on the June 6, 1995 agenda; and WHEREAS, on May 3, 1995, the FAR Overlay Committee approved the proposal within its 267 WHEREAS, on June 6, 1995, the Planning and Zoning Commission reconsidered the project in light of the proposed 100% demolition, approved Special Review because of the substantial spruce trees on the north side of the property, and re-approved the ESA review of the demolition and replacement by a 4-1 vote, keeping the original conditions of approval.NOW THEREFORE BE IT RESOLVED by the Commission:The Farrish Residence demolition and replacement is approved as submitted with the following conditions:1. The new stone planter, stairs and reconfigured new patio and plantings toward the base of the tree as shown on the application drawing sheet # 3 are not approved for construction per this review.2. Any trees slated for removal or relocation must receive tree removal / relocation permits from the Parks Department prior issuance of any building permits.3. Prior to the issuance of any building permits, sturdy tree protection barricades must be erected, to the greatest extent possible, at the drip lines of at-risk trees as directed by Parks staff. The barricades shall be constructed to prevent soil compaction, material storage, and spillage of deleterious substances under the trees. They shall remain in place throughout exterior construction and grading.4. A 12" PVC culvert must be installed under the new driveway. At least one week prior to the ditch work, the applicant must contact Tom Rubel of the Parks Department so he can monitor the ditch work.5. A final landscape plan shall be submitted and approved by ACES and Planning staff prior to the issuance of any building permit. Additional plantings of native shrub type plants shall be added along the slope to restore its wild character, and below the foundation walls of the house and patio retaining walls in order to reduce their visibility.6. Any future landscape development (including but not limited to decks, spa, terrace,fencing) must be submitted for review as an amendment tothis E. S.A. review.7. A sidewalk, curb, and gutter agreement must be signed and recorded at owner's expense prior to the issuance of any building permits. Forms for the agreement are available in the City Engineer's office.8. The site plan in the building permit application must clearly label and dimension all 268 269 270 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: Q62017043-5 Date: 10/09/2024 Property Address: 844 ROARING FORK RD, ASPEN, CO 81611 For Closing Assistance Closers Assistant For Title Assistance Melissa Jones 533 E HOPKINS #102 ASPEN, CO 81611 (970) 315-1832 (Work) (303) 393-4941 (Work Fax) mejones@ltgc.com Contact License: CO450818 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower PJD REAL ESTATE, INC. Attention: PATRICK DOVIGI, PRESIDENT Delivered via: Electronic Mail Agent for Seller DOUGLAS ELLIMAN REAL ESTATE Attention: JENNIFER ENGEL 630 E HYMAN AVE #101 ASPEN, CO 81611 (970) 618-7319 (Cell) (970) 925-8810 (Work) (970) 925-8821 (Work Fax) jen.engel@elliman.com Delivered via: Electronic Mail NOT SURE - BUT SEND WIRE INST HERE DIANE CLOUSE Delivered via: Electronic Mail Agent for Seller DOUGLAS ELLIMAN REAL ESTATE Attention: MARIAN LANSBURGH 630 E HYMAN AVE #101 ASPEN, CO 81611 (970) 618-9629 (Cell) (970) 925-8810 (Work) (970) 925-8821 (Work Fax) marian.lansburgh@elliman.com Delivered via: Electronic Mail Attachment 9 271 Seller/Owner 844 ROARING FORK LLC Attention: MARTHA FARISH OTI Delivered via: No Commitment Delivery Agent for Seller DOUGLAS ELLIMAN REAL ESTATE Attention: LAUREN GARRITY 630 E HYMAN AVE #101 ASPEN, CO 81611 (970) 618-7576 (Cell) (970) 205-2227 (Work) (970) 925-8821 (Work Fax) lauren.garrity@elliman.com Delivered via: Electronic Mail Seller/Owner GEORGE FARISH Delivered via: Electronic Mail Attorney for Buyer WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP Attention: J BART JOHNSON 420 E MAIN ST #210 ASPEN, CO 81611 (970) 544-4602 (Work) (866) 492-0361 (Work Fax) johnson@wcrlegal.com Delivered via: Electronic Mail Seller/Owner STEVE FARISH Delivered via: Electronic Mail Attorney for Seller KAUFMAN AND MCALLISTER PC Attention: PATRICK D MCALLISTER PO BOX 7966 ASPEN, CO 81612 (970) 618-1698 (Cell) (970) 925-8166 (Work) (970) 925-1090 (Work Fax) pm@kmlegal.net Delivered via: Electronic Mail Agent for Buyer DOUGLAS ELLIMAN REAL ESTATE - DURANT Attention: RILEY WARWICK 520 E DURANT AVE ASPEN, CO 81611 (970) 989-8157 (Cell) (970) 205-2224 (Work) riley.warwick@elliman.com Delivered via: Electronic Mail Attorney for Seller KAUFMAN AND MCALLISTER PC Attention: GIDEON KAUFMAN PO BOX 7966 ASPEN, CO 81612 (970) 925-8166 (Work) gk@kmlegal.net Delivered via: Electronic Mail Agent for Buyer SASLOVE & WARWICK AT DOUGLAS ELLIMAN REAL ESTATE Attention: HANNAH SURNOW 520 E DURANT AVE, SUITE 102 ASPEN, CO 81611 (248) 255-7081 (Cell) hannah.surnow@elliman.com Delivered via: Electronic Mail Surveyor TRUE NORTH COLORADO Attention: RODNEY P. KISER Delivered via: Electronic Mail 272 Property Address: 844 ROARING FORK RD, ASPEN, CO 81611 1.Commitment Date: 09/20/2024 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 07-30-21 Proposed Insured: PJD REAL ESTATE, INC., A FLORIDA CORPORATION $32,000,000.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: 844 ROARING FORK LLC, A TEXAS LIMITED LIABILITY COMPANY 5.The Land is described as follows: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62017043-5 273 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. PARCEL A: ALL OF LOTS 5, 6, 7, 8 AND 9, BLOCK 4, ASPEN COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 6, 1950 IN PLAT BOOK 2 AT PAGE 38. AND THAT PART OF LOTS 10 AND 11, BLOCK 4, ASPEN COMPANY SUBDIVISION, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 11 WHENCE THE MOST NORTHERLY CORNER OF SAID LOT 11 BEARS NORTH 36° 59' EAST 2.03 FEET AND THE MOST NORTHERLY CORNER OF LOT 14, BLOCK 4, ASPEN COMPANY SUBDIVISION (WHICH CORNER IS DESCRIBED IN DOCUMENT NO. 111989 RECORDED IN BOOK 195 AT PAGE 106 OF THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER) BEARS NORTH 27° 50'30" EAST 55.67 FEET; THENCE SOUTH 26° 54'10" EAST 120.24 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 10. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B: A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF BLOCK 90 OF HALLAM'S ADDITION TO THE TOWN OF ASPEN, COLORADO WHENCE CORNER #11 OF THE FOWLER PLACER, U.S.MINERAL SURVEY #6786 BEARS SOUTH 22° 16' WEST 221.7 FEET; THENCE SOUTH 20° 57' EAST 63.0 FEET; THENCE NORTH 80° 28' EAST 152.0 FEET; THENCE NORTH 62° 48' EAST 45.50 FEET; THENCE NORTH 41° 01' WEST 90.00 FEET TO THE SOUTHEAST CORNER OF LOT 21, BLOCK 90 OF SAID HALLAM'S ADDITION ; THENCE SOUTHERLY AND WESTERLY ALONG THE EASTERLY LINE OF SAID BLOCK 90 TO THE POINT OF BEGINNING. EXCEPTING FROM PARCEL B, ANY PORTION LYING WITHIN BLOCK 4, ASPEN COMPANY SUBDIVISION. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62017043-5 274 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62017043-5 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. 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. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62017043-5 275 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62017043-5 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.EVIDENCE SATISFACTORY TO LAND TITLE THAT THE DEEDS RECORDED AUGUST 15, 2016 AS RECEPTION NO. 631435, 631436, 631437 AND 631438 HAVE APPLIED FOR AND GRANTED THE CITY OF ASPEN RETT EXEMPTION OR PAID THE RETT. 3.THE FINANCIAL CRIMES ENFORCEMENT NETWORK ("FINCEN"), A BUREAU OF THE U.S. DEPARTMENT OF THE TREASURY, HAS ISSUED A GEOGRAPHIC TARGETING ORDER ("GTO") TO ALL TITLE INSURANCE COMPANIES REQUIRING THE COLLECTION AND REPORTING OF CERTAIN INFORMATION WITH RESPECT TO CERTAIN REAL ESTATE TRANSACTIONS IN ADAMS, ARAPAHOE, CLEAR CREEK, DENVER, DOUGLAS, EAGLE, ELBERT, EL PASO, FREMONT, JEFFERSON, MESA, PITKIN, PUEBLO, OR SUMMIT COUNTIES. PRIOR TO THE CLOSING OF THE PROPOSED TRANSACTION, THE COMPANY AND ITS POLICY-ISSUING AGENT MUST BE PROVIDED WITH INFORMATION SUFFICIENT TO DETERMINE IF THE TRANSACTION MUST BE REPORTED TO FINCEN, INCLUDING COPIES OF CERTAIN DOCUMENTS NECESSARY TO MEET THE GTO'S DOCUMENT/RECORD RETENTION REQUIREMENTS. THE PROPOSED TRANSACTION WILL NOT BE CLOSED, AND THE PROPOSED POLICY WILL NOT BE ISSUED, UNLESS THE REQUIRED INFORMATION IS PROVIDED TO THE COMPANY OR ITS POLICY-ISSUING AGENT AND FOUND TO BE ACCEPTABLE. 4.(THIS ITEM WAS INTENTIONALLY DELETED) 5.CERTIFICATE OF GOOD STANDING OF 844 ROARING FORK LLC, A TEXAS LIMITED LIABILITY COMPANY, ISSUED BY THE SECRETARY OF STATE OF TEXAS. 6.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR 844 ROARING FORK LLC, A TEXAS LIMITED LIABILITY COMPANY RECORDED AUGUST 16, 2016 UNDER RECEPTION NO. 631439 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES MARTHA FARISH OTI AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 7.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF PJD REAL ESTATE, INC., A FLORIDA CORPORATION AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 8.SPECIAL WARRANTY DEED FROM 844 ROARING FORK LLC, A TEXAS LIMITED LIABILITY COMPANY TO PJD REAL ESTATE, INC., A FLORIDA CORPORATION CONVEYING SUBJECT PROPERTY. 276 REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, AND AN IMPROVEMENT SURVEY PLAT OF THE LAND, ITEMS 1- 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT AND IMPROVEMENT SURVEY PLAT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM 5 OF THE PRE- PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2024 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62017043-5 All of the following Requirements must be met: 277 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 08, 1888 IN BOOK 55 AT PAGE 2. 9.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN COMPANY SUBDIVISION RECORDED MARCH 06, 1950 IN PLAT BOOK 2 AT PAGE 38. 10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DECLARATION OF COVENANTS RECORDED NOVEMBER 13, 1990 IN BOOK 634 AT PAGE 18. 11.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED JUNE 05, 2024 PREPARED BY TRUE NORTH COLORADO, JOB #2024-156 : ANY LOSS OR DAMAGE DUE TO THE APPARENT OVERLAP AND GAP AREAS AS SHOWN HEREIN. SAID DOCUMENT STORED AS IMAGE 67659946 12.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED BY TRUE NORTH COLORADO, JOB NO. 2024- 156 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR IMAGE 67659946 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62017043-5 278 ALTA Commitment For Title Insurance issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions ,Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. (a) “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.(b) “Land”: The land described in item 5 of Schedule A and affixed improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, aavenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. (f) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(g) “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the TItle to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. (h) “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. (i) “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.(j) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company is not liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5(a) or the Proposed Amount of Insurance. (d) The Company is not liable for the content of the Transaction Identification Data, if any.(e) The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) 279 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT. CHOICE OF LAW AND CHOICE OF FORUM 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction (b) This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 280 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) 281 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) 282 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 283 Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 284 Attachment 10 285 286 Attachment 11 287 288 Attachment 12 289 290 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512120002 on 04/10/2025 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Attachment 13 291 815 ROARING FORK LLC ASPEN, CO 81611 612 W FRANCIS ST 850 ROARING FORK LLC NEW YORK, NY 10065 667 MADISON AVE FL 2 855 ROARING FORK ROAD LLC NEW YORK, NY 10153 767 FIFTH AVE 42ND FLR 865 ROARING FORK ROAD LLC NEW YORK, NY 10153 767 FIRTH AVE 42ND FLR ASPEN CTR FOR ENVIRON STUDIES ASPEN, CO 81611 100 PUPPY SMITH ST BASECAMP LLC KANSAS CITY, MO 641142035 8080 WARD PKWY #201 BERMUDA PROPERTIES INC NEW YORK, NY 10153 767 FIFTH AVE 40TH FL FISHCAMP LLC ESCONDIDO, CA 92029 1276 AUTO PKWY #D-306 HALLAM SANCTUARY LLC KANSAS CITY , MO 64112 400 W 49TH TERR APT 2136 JBA ONE PROPERTIES LLC BEVERLY HILLS, CA 90210 802 N ELM DR KOCH CHAS & ELIZ RE TRUST WICHITA, KS 67201 PO BOX 5004 LAKE HOUSE ASPEN LLC HENDERSON, NV 89011 430 PARKSON RD LANES END HOLDINGS LLC FLORHAM PARK , NJ 07932 PO BOX 238 MALAGUA LLC DANVERS, MA 019234502 222 ROSEWOOD DR #530 SAGEBRUSH LODGE LLC ASPEN, CO 81611 870 ROARING FORK RD WOOD DUCK LLC ENGLEWOOD, CO 80112 9033 E EASTER PL #112 292 9,028 1,504.7 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet01,504.7752.33 Notes Pitkin Maps & More THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content represented. Map Created on 12:15 PM 05/02/25 at http://www.pitkinmapsandmore.com State Highway Road Centerline 9K Primary Road Secondary Road Service Road Town Boundary Federal Land Boundary BLM State of Colorado USFS 293 PRE-APPLICATION CONFERENCE SUMMARY PRE-25-013 DATE: February 21st, 2025 PLANNER: Sophie Varga, Zoning Administrator REPRESENTATIVE: Patrick Rawley, Rawley Design Planning PROJECT LOCATION: 844 Roaring Fork Road PARCEL ID: 2735-121-20-002 REQUEST: Hallam Lake Bluff Review DESCRIPTION: 844 Roaring Fork Road is developed with a single family residence in the Moderate Density (R-15) Zone District. The property is within the Hallam Lake Bluff Environmentally Sensitive Area. The applicant has represented that the structure is over allowable floor area, projects into the 15 foot Hallam Lake Bluff top of slope setback, and projects into the height limit delineated by a line drawn at a 45-degree angle from ground level at the top of slope. The applicant is proposing a remodel and has represented that it will meet the exemption criteria for Hallam Bluff Review per Sec 26.435.060.b.2. The remodel involves demolishing portions of the structure, pulling it entirely out of the 15 foot top of slope setback, and renovating within the parameters of the exemption criteria. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.312.030 Non-Conforming Structures 26.435.060 Hallam Lake Bluff review 26.575.020 Calculations and Measurements 26.710.050 Moderate Density Residential (R-15) Zone District For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application (PDF) Land Use Code (Website) REVIEW BY: •Staff for application completeness •Community Development Director for decision REQUIRED LAND USE REVIEW(S): • Hallam Lake Bluff Review PUBLIC HEARING: No Attachment 14 294 427 Rio Grande Place, Aspen, CO 81611-1975 | Phone: 970-920-5000 | aspen.gov PLANNING FEES: Administrative ESA Exemption - $1,300 for 4 hours of staff time (additional/ lesser deposit hours will be billed/ refunded at a rate of $325 per hour) REFERRAL FEES: • Engineering Administrative Minor Review - $1,337.50 • Parks Department Review – $650 TOTAL DEPOSIT: $3,287.50 APPLICATION CHECKLIST: Below is a list of submittal requirements for this review. Please email the entire application as one pdf to cdehadmins@aspen.gov. Include PRE-24-013 in the subject line. If more than 18 months has passed since this letter was issued, please reach out to planneroftheday@gmail.com.  Completed Land Use Application, including signed Fee Agreement and HOA Compliance form  Pre-application Conference Summary (this document).  Contained within a letter signed by the applicant, the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant.  The street address, legal description and parcel identification number of the property proposed for development.  A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application.  Existing and proposed site plans depicting the proposed layout and the project's physical relationship to the land and its surroundings, including the Hallam Lake Bluff Review Area, Hallam Lake Bluff top of slope, and the 15 and 30 foot setbacks from Hallam Lake Bluff top of slope.  A site improvement survey certified by a registered land surveyor, licensed in the state of Colorado, showing the current status of the parcel including the current topography and vegetation, Hallam Lake Bluff Review Area, Hallam Lake Bluff top of slope, and 15 foot setback from Hallam Lake Bluff top of slope.  A written description of the proposal and a written and graphic explanation of how the proposed development complies with Sec 26.435.060.b.2 - Hallam Lake Bluff Review Exemption.  Site sections drawn by a registered architect, landscape architect or engineer showing all existing and proposed site elements, the progressive height limit delineated by a line drawn at the forty-five degree angle from ground level at the top of slope, the top of slope and pertinent elevations above sea level. 295 427 Rio Grande Place, Aspen, CO 81611-1975 | Phone: 970-920-5000 | aspen.gov 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. 296 297 298 299 3 29 Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 NTS LANDSCAPE PLAN L-1.0 N ISSUED FOR REVIEW04-23-2025 KS,MN NOV 2024 LEGEND 71 7273 52 53 54 55 56 57 74 75 76 77 81 58 59 60 61 62 6364 65 66 67 68 6970 93 82 83 84 90 78 49 39 3 36 37 38 42 4344 40 4145 47 48 1 2 4 5 6 7 8 9 10 11 12 13 14 15 34 35 32 33 16 17 18 20 21 22 2324 25 26 80 27 2829 30 31 19 T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T TT T T T T T T T T T T T T T T T T T T T T T T T T T T T T T P L A T = 8 7 . 5 ' D E E D = S 2 0 ° 5 7 ' E 6 3 . 0 ' S 2 1 ° 0 5 ' 3 2 " E 7 0 . 4 0 ' N79°02'14"E 152.00' DEED=N80°28'E 152.0' N 6 4 °0 6 '3 7 "E 4 5 .5 0 ' D E E D =N 6 2 °4 8 'E 4 5 .5 0 ' D E E D = N 4 1 ° 0 1 ' W 9 0 . 0 0 ' N 3 9 ° 4 9 ' 1 8 " W 9 0 . 0 0 ' S 2 6 ° 5 4 ' 1 0 " E 1 2 1 . 8 7 ' D E E D = 1 2 0 . 2 4 ' N 7 2 °4 8 '1 2 "E 8 .4 5 ' N 1 9 ° 0 3 ' 2 5 " W 8 7 . 6 3 ' C H =N 7 2 °3 5 '2 4 "E 4 8 .3 8 ' R =1 4 1 7 .4 0 ' L =4 8 .3 8 ' C H =N 5 5 °0 4 '5 0 "E 1 0 6 .6 4 ' R =1 6 8 .5 0 ' L =1 0 8 .5 0 ' L=2.82'R=248.00'CH=S48°52'38"W2.82' L=6.84'R=248.00'CH=S86°44'18"W6.84' CHAIN-LINK FENCE WIR E FENC E E D G E O F W AT E R M A R S H LA N D SW CORNER OF LOT 2MERRIAM SUBDIVISIONFOUND REBAR & 1-1/4" YELLOW PLASTIC CAPLS20151 16.6' C H A I N - L I N K F E N C E M E R RI A M S UB DI V IS I ON S O U T H L IN E OF L O T 2 A P P A R E N T F E N C E E N C R O A C H M E N T CM P DITCH FLOWLINE P A V E D R O A D W A YROARING F O R K F L A G S T O N E P A T H STEPS R O A D OWNERFISHCAMP LLCLOT 2 - MERRIAM SUBDIVISION PLAT BOOK 25 PAGE 39 OWNERHALLAM SANCTUARY LLCRECEPTION NO. 623931 NO R TH L IN E A C E S P R O P E R T Y 46 ST R E A M M A R GIN T O P O F SL O P E (S C ALE D F R O M CITY O F A S P E N M AP PIN G) 7861 7861 7862 7860 7 8 5 5 7850 7845 7840 7835 7830 7 8 2 5 7 8 2 0 7 8 2 0 7 8 6 0 7861 786 0 7860.65 FFE 7860.50 FFE F L O O D Z O N E A E B A S E F L O O D E L E V A TIO N: 7818 F E M A F L O O D M A P N O. 08097 C 0354 E A U G U S T 15, 2019 F L O O D Z O N E X H A L L A M L A K E B L U F F R E V I E W A R E A TOP OF SLOPE AS-LOCATED TOP OF SLOPE STREAM MARGIN REVIEW LINE PLANNING REVIEW MAP SOPRIS ENGINEERING 03/2002 2 5 ' S E T B A C K 1 0 ' S E T B A C K 1 0 ' S E T B A C K 3 0 ' S E T B A C K 1 5 ' S E T B A C K HALLAM LAKE BLUFF TOP OF SLOPE PROPOSED BELOW GRADE ADDITION 2 STOREY DWELLING FFE=7860.5 EXISTING ROCK RETAINING TO REMAIN ENTRY COBBLE STONE DRIVEWAY PAVERS PLANT BED PLANT BED PLANT BED PLANT BED EXISTING AT GRADE PATIO TO BE RESURFACED LAWN LAWN LAWN STEPPING STONE WALKWAY AT GRADE WALKWAY SLOPE RESTORED WITH NATIVE GRASSES EXISTING ENTRANCE W/W W/W W/W GATE EXISTING DITCH TO REMAIN P R O P E R T Y L I N E P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE GARAGE ENTRY WALKWAY NEW PATIO SURFACE ON EXISTING STRUCTURE TO REMAIN HALLAM LAKE BLUFF REVIEW AREA DRY WELL LEVEL SPREADER FIRE PIT TO BE PORTABLE FURNITURE NATURAL AREA SOD LAWN PLANT BED WITH SHRUBS AND GRASSES STONE PAVING COBBLE STONE PAVING EXISTING TREE TO BE PRESERVED PROPOSED TREE ISSUED FOR LAND USE APPLICATION04-30-2025 RE-ISSUED FOR LAND USE APPLICATION08-05-2025 RE-ISSUED FOR LAND USE APPLICATION08-20-2025 300 KS, KZ A-3.1D NORTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.1D 9' - 0 " 12 ' - 0 " 9' - 8 " 12'-0"2ND FLOOR LEVEL LIVING ROOM LEVEL MECHANICAL MAIN BEDROOM LEVEL 89'-11 3/4"-9'-8" 111'-7 3/4" 101'-1 3/4"1'-6" 91'-5 3/4"-8'-2"GAME ROOM 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" 8 12 8 12 10.5 12 10.5 12 8 12 8 12 9' - 0 " 12 ' - 0 " 9' - 8 " 12'-0"2ND FLOOR LEVEL LIVING ROOM LEVEL MECHANICAL MAIN BEDROOM LEVEL 89'-11 3/4"-9'-8" 111'-7 3/4" 101'-1 3/4"1'-6" 91'-5 3/4"-8'-2"GAME ROOM 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" WEST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.1D 8 12 8 12 8 12 8 12 BUILDING ELEVATIONS DEMOLITION EXISTING TO REMAIN TO BE DEMOLISHED LEGEND DEMOLITION NOTES 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT 1/4" = 1'-0" @ 30"x 55" 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 7 8 08-20-2025 ISSUED FOR LAND USE APPLICATION 301 KS, KZ 1/4" = 1'-0" @ 30"x 55" BUILDING ELEVATIONS DEMOLITION SOUTH ELEVATION Scale: 1/4" = 1'-0" 1 A-3.2D 9' - 0 " 12 ' - 0 " 9' - 8 " 12'-0"2ND FLOOR LEVEL LIVING ROOM LEVEL MECHANICAL MAIN BEDROOM LEVEL 89'-11 3/4"-9'-8" 111'-7 3/4" 101'-1 3/4"1'-6" 91'-5 3/4"-8'-2"GAME ROOM 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" 8 12 10.5 12 8 12 9' - 0 " 12 ' - 0 " 9' - 8 " 12'-0"2ND FLOOR LEVEL LIVING ROOM LEVEL MECHANICAL MAIN BEDROOM LEVEL 89'-11 3/4"-9'-8" 111'-7 3/4" 101'-1 3/4"1'-6" 91'-5 3/4"-8'-2"GAME ROOM 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" EAST ELEVATION Scale: 1/4" = 1'-0" 2 A-3.2D 8 12 8 12 8 12 8 12 8 12 A-3.2D 11-14-2024 ISSUED TO STRUCTURAL CONSULTANT EXISTING TO REMAIN TO BE DEMOLISHED LEGEND DEMOLITION NOTES 11-21-2024 ISSUED TO ARCHITECTURAL CONSULTANT Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 7 8 08-20-2025 ISSUED FOR LAND USE APPLICATION 302 KS VOLUMETRIC ANALYSIS 8 12 10.5 12 8 12 8 12 A = 1413.2 FT3 B = 51.5 FT3 C = 29.5 FT3C D = 139.8 FT3 E = 722.9 FT3 F = 97.3 FT3 F F G = 45.3 FT3 8 12 8 12 9. 0 0 0 12 . 0 0 0 13 . 0 0 0 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 21'-0"120'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" HALLAM LAKE BLUFF 45° PROJECTION F A B C D E G A-3.3 1/8" = 1'-0" @ 18"x 24" RENOVATIONS 844 ROARING FORK ASPEN, COLORADO Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION SEPT 2024 1 2 3 4 5 6 EXISTING TO REMAIN NEW EXISTING TO BE REMOVED VOLUME BEYOND HALLAM LAKE BLUFF PROJECTION PLANE (FT3) EXISTING 1413.2 51.5 139.8 29.5 29.5 722.9 2386.4 PROPOSED 1413.2 0.0 0.0 0.0 0.0 0.0 1750.4 A B C E C D TOTAL F 45.3G F F 97.3 97.3 97.3 303 N.T.S AREA CALCULATIONS A-0.1 KS N @ 5'-6" 9'-0" CEILING 8'-0" CEILING 8'-0" CEILING 8'-0" CEILING 9'-0" CEILING 5'-6" KNEEWALL @ 5'-6" 9'-0" CEILING 9'-0" CEILING @5'-6" BEDROOM 2BEDROOM 1 BEDROOM 3 ENSUITE ENSUITE ENSUITESTORAGE DN 18R @ 7" Scale: Sheet Title Project: Date Drawn: Project Number: Drawn By:Checked By: Sheet Number: No.Date Description Issues 24013 RENOVATIONS 844 ROARING FORK ROAD ASPEN, COLORADO WS The Architect is not responsible for the accuracy of the engineering information contained in these drawings, including property survey, structural, mechanical & electrical. Refer to the appropriate engineering drawings before proceeding with the work. The Contractor shall check all dimensions on the work and report any discrepency to the Architect prior to proceeding. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. The drawings are not to be scaled. This drawing is not to be used for construction unless noted specifically as: ISSUED FOR CONSTRUCTION 1 2 3 4 5 6 04-23-2025 ISSUED FOR LAND USE APPLICATION MODELNUMBERTRADENAMEPRODUCT KITCHEN DINING LIVING ROOM MAIN BEDROOM 19'4" x 17'0" GUEST BEDROOM MAIN DRESSING MAIN ENSUITE 18'0" x 9'0" GARAGE POWDER UP 19R @ 7.58" DN 22R @ 7.09" GUEST CLOSET GUEST ENSUITE UP 2R @ 5" 3' - 4 " 36" FREEZER 36" FRIDGE WALL OVENS COFFEE STATION DW DW 36" FREEZERSTORAGE36" FRIDGE FAMILY ROOM WC1 WC2 SHOWER BE N C H CO F F E E B A R 24" FR 4' - 8 " EXIST. PATIO TO BE RESURFACED NEW PATIO SURFACE ON EXIST. FOUNDATION 393 SQ FT 204 SQ FT 25' SETBACK SAUNA 7'0" x 8'4" GYM 24'3" x 21'3" MASSAGE 16'8" x 10'9" BEDROOM 1 15'5" x 16'0" ENSUITE 1 6'0" x 11'0" BUNK ROOM 17'9" x 17'6" BUNK ENSUITE 11'6" x 11'0" GAMES ROOM 17'0" x 23'8" MEDIA ROOM 24'6" x 20'3" STORAGE 5'8" x 10'11" STAFF LOUNGE 13'5" x 11'6" SERVICE HALL STAFF BEDROOM 1 11'6" x 11'3" STAFF ENSUITE 1 9'6" x 6'0" QUEEN BOTTOM QUEEN TOP QUEEN BOTTOM QUEEN TOP UP 22R @ 7.09" STEAM SHOWER 7'0" x 8'4" MODELNUMBERTRADENAMEPRODUCT W/ D DN DN AV ROOM 7'1" x 8'0" REF.ICE WINETRASH REC ROOM 25'5" x 20'7" STRETCH 16'9" x 12'11" POWDER 1 COLD PLUNGE LOWER STAIR HALL LOWER HALL FR STAFF ENSUITE 2 9'6" x 6'0" STAFF BEDROOM 2 11'6" x 11'3" FR DW W/ D LAUNDRY 13'6" x 10'11" 3'-10" 4' - 0 " LOWER VESTBULE 20 ' - 7 1 / 4 " 12 ' - 0 " 13 ' - 0 " 6' - 0 " 12'-0"2ND FLOOR LEVEL GROUND FLOOR LEVEL 111'-7 3/4" 99'-7 3/4"0'-0" BASEMENT LEVEL86'-7 3/4"-13'-0" MECHANICAL CRAWLSPACE LEVEL80'-7 3/4"-19'-0" 5' - 0 " 4418 SQ FT WALL AREA BELOW GRADE 104.5 SQ FT EXPOSED WALL 2.3% EXPOSED WALL 2.3% X 6046 SQ FT = 139 SQ FT LOWER LEVEL NON-EXEMPT 6046 SQ FT GROSS FLOOR AREA LOWER LEVEL 11 ' - 5 " 24'-1 1/2"7'-2 1/4"9'-8" 11 ' - 5 " 3'-0" 6' - 5 " 3'-0" 10 ' - 6 " 3'-1 1/4"18'-8 1/2"3'-1 1/4" 11 ' - 5 " 49'-4 1/2" 11 ' - 5 " 3'-1 1/4"18'-8 1/2"26'-5 1/4"2'-2"15'-5 1/2"2'-2"2'-2"27'-6 1/2"1'-0 1/2"12'-6 1/2"8'-8" 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 11 ' - 5 " 10 ' - 6 " 10 ' - 6 " 5' - 6 " 1'-9 1/4"26'-5"6'-3 3/4" 3'-0"3'-0" 10 ' - 6 " 5' - 6 " 10 ' - 6 " 39'-2 1/2"43'-2" 6'-0" 5' - 6 " 10 ' - 6 " 50'-1" A - 275.4 SQ FT B - 82 SQ FT 19.25 SQ FT ABOVE GRADE C - 110 SQ FT 19.25 SQ FT ABOVE GRADE D - 20.2 SQ FT E - 277.4 SQ FT F - 66.3 SQ FT 16.5 SQ FT ABOVE GRADE G - 453.3 SQ FT 16.5 SQ FT ABOVE GRADE H - 411.7 SQ FT 33 SQ FT ABOVE GRADE I - 525.9 SQ FT J - 32.6 SQ FT K - 196.4 SQ FT L - 32.6 SQ FT M - 563.7 SQ FT N - 35.4 SQ FT O - 213.6 SQ FT P - 301.8 SQ FT Q - 24.7 SQ FT R - 176.5 SQ FT S - 24.7 SQ FT T - 24.7 SQ FT U - 314.4 SQ FT V - 11.9 SQ FT W - 143.2 SQ FT X - 98.9 SQ FT GROSS MAIN LEVEL EXISTING 3,537 SQ FT + 176 SQ FT (GARAGE) = 3713 SQ FT PROPOSED 3,662 SQ FT + 176 SQ FT (GARAGE) = 3838 SQ FT GROSS UPPER LEVEL EXISTING 1,503 SQ FT PROPOSED 1,275 SQ FT DECK AREA EXISTING 48 SQ FT TO BE REMOVED 48 SQ FT TOTAL 0 SQ FT GROSS LOWER LEVEL EXISTING 1,082 SQ FT - 44 SF NON-EXEMPT PROPOSED 6,046 SQ FT - 139 SF NON-EXEMPT A B CD E F G H I J K L M N O P Q R S T UVW X 08-29-2025 REISSUED FOR LAND USE APPLICATION TOTAL DECK/PATIO AREAS MORE THAN 6" ABOVE GRADE EXISTING PATIO 393 SQ FT NEW PATIO (ON EXIST. FOUNDATION) 204 SQ FT EXIST. 2ND FL DECK 48 SQ FT PROP. 2ND FL DECK -48 SQ FT TOTAL 597 SQ FT 15% DECK ALLOWANCE EXEMPTION = 15% X ALLOWABLE FLOOR AREA = 15% X 4667.43 = 700 SQ FT GROUND FLOOR SECOND FLOOR LOWER LEVEL SUBTOTAL PROPOSED GROSS FLOOR AREA EXEMPTIONS PROPOSED TOTAL FLOOR AREA 4,213 375 139 3,838 PATIO (ABOVE 6") 1,346 71 1,275 6,408 597 11,967 597 TOTAL 12,564 6,269 5,252 5,849 (subgrade) (garage) (stair) (sq ft)(sq ft)(sq ft) 44 3,713 1,503 5,260 EXISTING FLOOR AREA (sq ft) 393 LINE OF EXISTING BUILDING ABOVE GRADE TO BE DEMOLISHED 304 EXHIBIT B Hallam Lake Bluff Review Criteria 1 26.435.060. Hallam Lake Bluff review. C. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. Staff Response: No new development is proposed below the top of slope in this application. Staff finds this criterion to be met. 2. All development within the fifteen-foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen-foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a) A unique condition exists on the site where strict adherence to the top-of-slope setback will create an unworkable design problem. b) Any intrusion into the top-of-slope setback or height limit is minimized to the greatest extent possible. c) Other parts of the structure or development on the site are located outside the top-of-slope setback line or height limit to the greatest extent possible. d) Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. Staff Response: A new patio surface is proposed on top of the existing foundation within the 15’ setback. Demolition of the structure on top of the foundation is proposed, but removal of the foundation is not proposed. Staff determines that the proposed patio surface on the existing foundation that is within the 15’ setback is at grade as it is an existing condition and is not proposed to be removed (see Figure 1). In addition, there is a steppingstone walkway proposed at grade. All additional work in the 15’ setback is restoration of the slope using native grasses. Staff finds this criterion to be met. Figure 1: Existing foundation to remain, staff finds this meets the intent of Criteria 2 that the proposed patio surface is at grade. 305 EXHIBIT B Hallam Lake Bluff Review Criteria 2 3. All development outside the fifteen-foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five-degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. Staff Response: The proposed development does extend beyond the 45-degree-angle from the ground level at the top of slope. The home is an existing non-conformity in that a large portion of the existing rear projects into the 45-degree-angle. The proposed remodel removes a large portion of the home bringing it into greater conformance but does not remove it entirely. The updated application does not include new development (See Figure 2). Per a Code Interpretation submitted by Bart Johnson of Waas Campbell Rivera Johnson & Velasquez LLP, on November 3, 2025, and published from the City on November 17, 2025, the City finds that the term ‘non- conformity’ per Section 26.104.100 – Definitions, and its application for continuation per Section 26.312.030.F.2 – Replacement of a Non-Conforming Structure, in the Hallam Lake Bluff Review area is applicable. Staff finds it appropriate to apply non-conformity Review Criteria in the context of an ESA non-conforming dimensional review. Staff finds this criterion to be met. Figure 2: Yellow line delineates removal of non-conforming structure into the 45-degree- angle and structure to remain. 306 EXHIBIT B Hallam Lake Bluff Review Criteria 3 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty percent (50%) of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. Staff Response: A landscaping plan and photos of the site showing adequate screening has been provided. The extreme steep slope of the lot ensures screening from the rear perimeter of the lot. Staff finds this criterion to be met. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with Section 26.575.150. Staff Response: Applicant has provided an exterior lighting plan with a total of 2 (two) proposed path lights in the rear yard outside of the 15’ setback. The applicant will be required to meet the lighting code of which a condition of approval will be included that requires the building permit to document and show compliance with downcast and direction of lighting requirements. Staff finds this criterion to be met with conditions. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. Staff Response: No drainage changes are proposed on site or on the rear of the slope. No pools or hot tubs are proposed. Staff finds this criterion to be met. 7. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. Staff Response: A site plan and sections have been provided showing proposed site elements, the top of slope and relevant elevations. Staff finds this criterion to be met. 307 Exhibit C Non-Conformities Review Criteria Sec. 26.312.030. Non-conforming structures. (a) Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. (b) Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. (c) Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. (1) Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. (2) Mandatory occupancy accessory dwelling units and carriage houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a. Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b. Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080, Special Review, as well as the following additional review standards: 1. Newly established floor area may increase the ADU up to a cumulative maximum of five hundred (500) square feet of floor area and is required to be mitigated by either of the following two (2) options. (i) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two (2) certificates with a transfer ratio of two hundred fifty (250) square 308 Exhibit C Non-Conformities Review Criteria feet of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (ii) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of five hundred (500) square feet of available un-built floor area from one (1) property to the ADU. 2. The additional floor area is a conversion of existing square footage which was not previously counted in floor area. (Example: storage space made habitable or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. 3. The additional floor area creates a unit which is more suitable for caretaker families. 4. The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. 5. The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. 6. For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. 7. For the transfer of allowable floor area from a non-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. (d) Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. (e) Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized City official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. (f) Ability to restore. (1) Non-purposeful destruction. Any nonconforming structure that is Demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty-four (24) months of the date of Demolition or destruction. (2) Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or 309 Exhibit C Non-Conformities Review Criteria unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. a. Density replacement. A duplex or two (2) single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. Staff Response: The application proposes to reduce or maintain existing non-conforming dimensional limitations including floor area, setback, and 45-degree-angle height limit. Countable floor area will be reduced from 5,260 square feet to 5,252 square feet through the removal of a rear portion of the home and creation of a new basement, utilizing subgrade floor area exemptions. Projection of the built home into the rear 15’ top of slope setback will be removed. Foundation from the existing built home will remain within the 15’ top of slope setback and be used as an at grade patio. 40.8% volumetric removal of the home’s projection into the 45-degree-angle height limitation is proposed to be removed (see staff findings in Exhibit B – Hallam Lake Bluff Review Criteria). All new or replaced developments are compliant with underlying zoning. See full response to the request to continue a non-conformity in Exhibit D. 310 Exhibit D Special Review – Replacement of a Non-Conforming Structure Review Criteria Sec. 26.430.040. Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. (a) Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. (1) The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. Staff Response: The proposed development is consistent with the height and density of the zone district (R-15). The property contains 30,954 sq. ft. of gross lot area, of which 13,164 sq. ft. count towards steep slope floor area deductions. The property currently exceeds the maximum allowable floor area permitted, 4,667 sq. ft, in the R- 15 Zone District based on a calculated lot area of 17,790 sq. ft. The existing structure is approximately 5,260 sq. ft. of floor area and 6,038 sq. ft. of gross floor area. The home was issued a Certificate of Occupancy in 2001 with those established dimensions. The proposed remodel relocates above grade floor area and adds a 4,964 sq. ft. basement to the west of the existing residence. The proposed redevelopment will additionally remove a portion of the existing residence on the south (rear) elevation that encroaches into the Hallam Lake Bluff setback as well as reduce intrusion into the 45-degree-angle height limitation by 40.8%. The proposed renovation reduces existing non-conformities regarding both encroachments into Hallam Lake Bluff review and floor area, which is permitted by code and brings the property closer to compliance with the intent and purposes of the zone district. Staff finds this criterion to be met. (2) The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. Staff Response: The proposed development will not have adverse impacts on the amount of traffic, parking or shading. The proposed development will enhance the view plane from Hallam Lake Bluff as a large portion of the rear home will be removed which currently obstructs the Hallam Lake Bluff top of slope setback and 45 -degree- angle height limitation. The nature of the steep slopes on the property will continue to mitigate impacts overall. Staff finds this criterion to be met. (b) Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 311 Exhibit D Special Review – Replacement of a Non-Conforming Structure Review Criteria (1) The proposed development shall comply with the conditions of Section 26.430.040(a) above; Staff Response: The application involves demolition of 38.12% and replacement of non-conforming floor area. Staff has found the proposed development to comply with the requirements of Section 26.430.040.A, see responses above. (2) There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; Staff Response: The project was developed in conformance with the code when it was built, and the proposed scope reduces non-conformities, which is permitted by the code. Staff finds this criterion to be met. (3) No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and Staff Response: All dimensions that are non-conforming with underlying zoning and Hallam Lake Bluff review criteria are proposed to be reduced or removed. Although Staff is of the opinion that extending the non-conformities with such a significant investment in a non-conforming structure without curing the non-conformities is contrary to the intent of the non-conformities chapter, a reduction of the floor area dimensional non-conformity and intrusion into the Hallam Lake Bluff setback and 45-degree-angle height improves compliance and is allowed by the code. Staff finds this criterion to be met. (4) Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. Staff Response: Staff recognizes this project brings this property into greater compliance with the Land Use Code as it exists today. However, staff recognizes that there is no hardship that would hinder the applicant from reasonable enjoyment and use of the property if this project was brought into full compliance with the current dimensional allowances. Staff finds the criteria to not be met. 312 Exhibit E Special Review Criteria Sec. 26.435.040. Stream margin review. E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regard to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and Staff Response: The Applicant is proposing a new top of slope determination and has submitted a survey from a licensed surveyor showing the proposed Top of Slope and 100- year flood plain. The top of slope determination site plan was submitted by a licensed surveyor and referred to the City of Aspen Engineering for review. The proposed top of slope as presented, is what was discussed and agreed upon between the Engineering Staff member and the applicant at an on-site meeting on August 1, 2025. The Engineering Department has confirmed the proposed alternative Top of Slope as sufficient and consistent with the alternative issued August 4, 2025. Staff finds this criterion to be met. 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. Staff Response: Not applicable as applicant is proceeding with Stream Margin Review. 313 31 4 31 5 31 6 31 7 31 8 31 9 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM January 31, 2025 Ben Anderson, AICP Community Development Director City of Aspen 427 So. Galena St. Aspen, CO 81611 RE: Non-Conforming Structure Limitations – Code Interpretation Request Section 26.312.030 Mr. Anderson, Please accept this request for a written “Interpretation of Title” pursuant to Chapter 26.306 of the City of Aspen Land Use Code (“Code”). This request is centered on the City’s non-conforming structure regulations codified in Section 26.312.030 of the Code and relies on a series of scenarios to assist and illustrate the applicability and effect of the Code. There are terms defined in the Code that are important context to this request. We see the following three definitions as being important to this interpretation: Nonconforming structure. A structure which was originally constructed in conformity with zoning and building codes or ordinances in effect at the time of its development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. Demolition. To raze, disassemble, tear down or destroy forty (40) percent or more of an existing structure (prior to commencing development) as defined and described in Chapter 26.580. For the method of determining demolition, see Section 26.580.040, Measurement of demolition. Demolition shall also include the removal of a dwelling unit in a multi-family or mixed-use building, its conversion to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family Housing Units if such action is undertaken to combine the units. (See Section 26.470.100(d), Demolition or Redevelopment of Multi-Family Housing.) Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where the proposed scope does not exceed the forty (40) Demolition threshold as defined by Section 26.580, Demolition. The full text of Section 26.312.030 is attached as an exhibit. Below are the relevant provisions for non-conforming structures with our commentary on the applicability and effect of each provision. Exhibit A - Interpretation Request 320 Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Section 26.312.030.a - Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be contin[]\ued in accordance with the provisions of this Chapter. We read this provision to allow non-conforming structures to continue to exist and not be subject to an amortization schedule or otherwise require a property owner to unwillingly remove a physical non-conformity. For example, a home encroaching into a setback can continue to exist, assuming it was originally constructed in compliance with the setback requirements in effect at the time of construction. The home does not need to be moved and there is no timeframe or expiration date for this allowance. Section 26.312.030.b – Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. We read this provision as allowing an owner to perform routine work on a non-conforming structure. There is no definition of “normal maintenance” or upper limitation on financial investment associated with this normal maintenance. Section 26.312.030.c – Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. We read this provision to enable improvements, including expansions, to be made to a non-conforming structure so long as the specific non-conformity is either not affected or is lessened to some degree. To the extent that “normal maintenance” provision is ambiguous on the extent of improvements allowed, the “altered” term is a broader concept of improvements. The improvements can be those needed for the structure to continue but can also be purely elective on behalf of the property owner. There is no limitation on the financial investment associated with an extension or alteration. Section 26.312.030.f.1 - Non-purposeful destruction. Any nonconforming structure that is Demolished, or portion thereof which is destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty-four (24) months of the date of Demolition or destruction We read this “act of nature” provision to allow the owner of a non-conforming structure that is lost to fire, flood, etc., to replace the structure in-kind as long as a building permit is submitted within the 2-year timeframe. There is no limitation on the extent of loss. A structure that is 100% lost to such act-of-nature still qualifies to be replaced. There is no limitation on the financial investment associated with a replacement. Combined with provision ...030.c, we believe the replacement structure could be changed in a way that lessens (but doesn’t entirely eliminate) a non-conforming aspect of the previous structure. 321 Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Section 26.312.030.f.2 – Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming with respect to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. This provision deals with an owner’s ability to replace a non-conforming structure after intentional demolition or to replace a portion of a structure that is intentionally destroyed. This provision includes three basic concepts: 1) When changes to a structure are extensive enough to meet the City’s definition of Demolition, the replacement structure must come into conformance with current provisions of the Code. The text uses the terms “different” structure and “replacement” structure to highlight that the end result is an entirely new structure. An owner wanting to repeat the non-conformities in the new structure would need to gain approval through Special Review. 2) When changes to a structure are less extensive and below the definition of Demolition, the specific nature of the portion of the structure affected must be considered. This focus on the nature of the portion of structure being destroyed is key. If the portion of the structure being affected is compliant, then the portion can be replaced without needing Special Review. If the portion of the structure being destroyed is non-compliant, then the non-compliance must be rectified or otherwise be approved through Special Review. This provision is especially important when only a small portion of a home will be destroyed but it happens to be the portion of the home that is non-conforming. 3) The last concept in this paragraph deals with density and protects the number of residential units when a structure is demolished and replaced. Compliance with the non-conforming use section also needs to be considered when considering the ability to replace non-conforming density as the use may or may not be allowed in the zone district. Section 26.312.030.f.2.a – a. Density replacement. A duplex or two (2) single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. We read this language to allow an existing duplex to be replaced with a new duplex when the use is allowed but the property is substandard in size. The new structure would need to observe the single-family floor area limitations. This often occurs in the R6 zone where 9,000 square feet of lot area is needed to support a duplex use and there are many instances of duplexes on properties which are less than 9,000 square feet. 322 Page 4 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Scenarios We are requesting the City provide this interpretation through explaining how the code is applied to specific scenarios. We are intentionally providing a range of scenarios to help clarify the applicability and effect of the Code. We are happy to provide additional scenarios as needed to illustrate the interpretation. 323 Page 5 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 324 Page 6 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 325 Page 7 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 326 Page 8 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 327 Page 9 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 328 Page 10 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 329 Page 11 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Attached to this request is a land use application form and associated documents necessary for a complete application. Please let us know if additional information is needed. We will make ourselves available to go through the scenarios and to adjust or provide additional scenarios to achieve clarity on this section of the Code. Respectfully, Chris Bendon, AICP BendonAdams LLC Exhibits: 1. City of Aspen Land Use Code Section 26.314 2. Land Use Application Form 3. Agreement to Pay 330 (a) (b) (c) (1) (2) a. b. 1. (i) Sec. 26.312.030. - Non-conforming structures. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. Mandatory occupancy accessory dwelling units and carriage houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080, Special Review, as well as the following additional review standards: Newly established floor area may increase the ADU up to a cumulative maximum of five hundred (500) square feet of floor area and is required to be mitigated by either of the following two (2) options. 1/31/25, 3:36 PM Aspen, CO Municipal Code Exhibit 1 331 (ii) 2. 3. 4. 5. 6. 7. (d) (e) (f) (1) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two (2) certificates with a transfer ratio of two hundred fifty (250) square feet of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of five hundred (500) square feet of available un-built floor area from one (1) property to the ADU. The additional floor area is a conversion of existing square footage which was not previously counted in floor area. (Example: storage space made habitable or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. The additional floor area creates a unit which is more suitable for caretaker families. The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. For the transfer of allowable floor area from a non-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized City official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. Ability to restore. Non-purposeful destruction. Any nonconforming structure that is Demolished, or portion thereof which is destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is submitted within twenty-four (24) months of the date of Demolition or destruction. 1/31/25, 3:36 PM Aspen, CO Municipal Code about:blank 2/3 about:blank 1/3 332 a. Purposeful destruction. Any nonconforming structure that is purposefully Demolished or portion thereof which is purposefully destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is submitted within twelve (12) months of the date of demolition or destruction. Density replacement. A duplex or two (2) single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. (Ord. No. 1-2002, § 6 [part];Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1; Ord. No. 7-2008; Ord. No. 13-2022, § 4, 6-28-2022) 1/31/25, 3:36 PM Aspen, CO Municipal Code about:blank 3/3 (2) 333 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 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 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 Free Market dwelling units na Non-Conforming Structures Code Interpretation NA BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com x 81 Exhibit 2 334 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees Please type or print in all caps Representative Name (if different from Property Owner) Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Ben Anderson, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: BendonAdams Billing Name and Address - Send Bills to: $ 4 An agreement between the City of Aspen (“City”) and Address of Property: Property Owner Name: NA, Code Interpretation NA, Code Interpretation chris@bendonadams.com 970.925.2855 BendonAdams; 300 So. Spring St. #202; Aspen, CO 81611 81 Code Interp Chris Bendon BendonAdams Exhibit 3 335 33 6 33 7 Bart Johnson (970) 544-4602 johnson@wcrlegal.com November 3, 2025 Ben Anderson, AICP Community Development Director City of Aspen Aspen, CO 81611 Re: Code Interpretation Request – Application of Chapter 26.312 to Structures Rendered Non- Conforming by the Height Limit Restriction Contained in Section 26.435.060 (Hallam Lake Bluff Review) Dear Ben, I am writing on behalf of my client 844 Roaring LLC (the “Applicant”)1 to request written interpretations pursuant to Chapter 26.306 of the Aspen Land Use Code (the “Code”). This request is focused on the relationship between Chapter 26.312.030 of the Code concerning non-conforming structures and Section 26.435.060 of the Code imposing special height and setback restrictions for properties within the Hallam Lake Bluff area. There are definitions and provisions of the Code that provide important context for this request as follows: •The term “nonconforming structure” is defined in the Code as: A structure which was originally constructed in conformity with zoning and building codes or ordinances in effect at the time of its development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. •Section 26.312.010 of the Code provides: Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. •Section 26.312.030(a) of the Code provides: A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. •Section 26.312.030(f)(2) of the Code permits the replacement of a purposely destroyed portion of a nonconforming structure in certain circumstances. Specifically, a portion of a nonconforming structure “which is purposely destroyed, may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement is approved pursuant to the provisions of Chapter 26.430, Special Review.”2 1 My authority as the Applicant’s lawyer was established on the record in the Planning and Zoning Commission hearing held on October 29, 2025. If additional evidence of my authority to submit this request on behalf of the Applicant is required, I will be happy to provide it. 2 This letter should not be construed as conceding that the Special Review provisions of Section 26.430 of the Code apply to the Applicant’s proposed development. As explained to the Planning and Zoning Commission, the Applicant believes the Special Review provisions should not apply because the Applicant is, on the whole, proposing to remove Exhibit A 338 Ben Anderson, AICP November 3, 2025 Page 2 4910-8867-1607, v. 1 •The term “this Title” refers to the entirety of Title 26 of the Aspen Municipal Code and is referred to in total as the “Aspen Land Use Code” or the “LUC”. See Section 26.104.010 of the Code. •Section 26.435.060 of the Code establishes dimensional limitations in the form of setback and height restrictions for properties located within the Hallam Lake Bluff area described in Section 26.435.060(a). Some of the pre-existing structures located along the Hallam Lake Bluff are nonconforming as to these setback and/or height restrictions. This request for interpretation has been spurred by a surprising reading of the foregoing Code provisions by several members of the Aspen Planning and Zoning Commission at their public hearing on October 29, 2025 in considering an application submitted by the Applicant. These commissioners concluded that they could not support the application because in their view the dimensional limitations applicable in the Hallam Lake Bluff area pursuant to Section 26.435.060 of the Code must be read independently of, and as superseding, the provisions of Section 26.312.030(f)(2) that allow the replacement of a purposely destroyed portion of a nonconforming structure in certain circumstances. First Request for Interpretation: Does the term “nonconforming structure” as defined in Section 26.104.100 the Code include structures that were originally constructed in conformity with the Code but which are now nonconforming due to the setback and height dimensional limitations that apply to the Hallam Lake Bluff area pursuant to Section 26.435.060 of the Code? Second Request for Interpretation: Do existing legally constructed structures within the Hallam Lake Bluff area that are nonconforming due to the setback and/or height limitations contained in Section 26.435.060 of the Code qualify to be continued pursuant to Section 26.312.030(a) of the Code? Third Request for Interpretation. Do existing legally constructed structures within the Hallam Lake Bluff area that are nonconforming due to the setback and/or height limitations contained in Section 26.435.060 of the Code qualify for consideration to be replaced pursuant to Section 26.312.030(f)(2) of the Code? Thank your for your consideration of these requests of interpretation. I look forward to your response. Sincerely, Bart Johnson for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP cc: James R. True, Esq. Haley Hart, AICP Patrick Dovigi Patrick Rawley Mark Hardeman Cristof Eigelberger but not replacing non-conforming elements of the home and is therefore reducing the amount of nonconformity. 339