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Home My WebLink AboutLand Use Case.325 Park Ave.0086.2015.ASLUrÂ· -- - 0086.2015. A5LU 325 PARK AVE RESIDENTIAL DESIGN STANDARD VARIANCE 2737 181 002 11 â‚¬ 66 A ruct & //07 3 f A -4.U f l 1 PATH: G/DRIVE / MASTER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0086.2015.ASLU PARCEL ID NUMBERS 2737 181 002 11 PROJECT ADDRESS 325 PARK AVE PLANNER SARAH NADOLNY CASE DESCRIPTION APPLICATION FOR RESIDENTIAL DESIGN STARDARD VARIANCE REPRESENTATIVE FLYNN STEWART DATE OF FINAL ACTION 10.14.2015 CLOSED BY KARLA HENRICHON 7.28.2016 27 37 /%/ 00 z i i oot G Â· 33/5-. Ase 4 2.' Â¢01@ 1-1, * Pennits 75. .--I I .2 file Edit Record Navigate Fgnn Repons Folmat Iab Belp i @ @ IX,4 )/ 4 t] 8 1,~~ * il1 1 08vli" t> 40 wilumpi Wk@16~ li221/afdFA-3 *1~'/302:99.1 IGII]alstom fields RoÂ®ng Stabs Fee Summaty Actions Rofng Uidory PermR tme ~slu V :Asren land Use Pennit # 0086 2015 ASLU E Addres 325 PARK AVE Al*'Suite 41 ..# ~0 ~ City ASPEN 1 1 -~~~r~â€ž~..~~~~~~~~Stte ~ Zip ~ Nmit Wormabon Â· Â· -~Â·~= -- y *ster permit 1 4 -1.1 't . Routing queue ~aslu15 ~ Applied 09:28/2015 0 9 0 Projed Shtus Dending Apploved -' 0 f Description APPLICATION FOR RESIDEImAL DESIGN STANDARD VAEANCE Issued Closed/Final Submitted SALLIE GOLDEN 429 2778 Clock |~~~| Days |~-li~ Expires 09'22/2016 Submited via ~ - 9!~M~7"~: 'I--1.I,~-''--""'"t.LJ'21'"-7,~ Last name GOLDEN FirM name SALLIE 325 PARKAVE ASPEN CO 81611 Phone () - Address Applicant i Il Owner is applicant? Il Contradoris applicant? Last name Ful ARCHITECTS. LLC Fir~ name FLYNN STEWART PO BOX 6762 SNOMIASS VILLAGE CO 81615 Phone (970) 3194407 Cd # 30197 Address Email FLYNN@FANDMARCHNECTS ~ Lender L Last name Ant name ; , Phone () Address 1 AspenGold5 (server* angeles ~ 1011 ~ ke- ... * . 0 leu,(ft-4# 39 365 No O. A ru - n A.,Ur 46'56- Â©a 114â‚¬ts. Coc'* 2-2=> 1 214* G 0..1, c# 3 e #AE xoqlooll rianwo gill SurA A. AFFIDAVIT OF PUBLIC NOTICE R-EQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: l3O 5- C akiN,91 1 &- Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) 4~~~)et t c./L- out/Il being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010 (IE) of the Aspen Land Use Code in the following manner: J Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or apaper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. u,21, . 2=pe,t/V-7 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2% day of DohoUR.f , 201-0 b,% Ayy-ek S c-.c-.L--1-0-3 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: allel g Notice is hereby given to the general public of the approval of a site specific development plan, and tle creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- L U- fÂ·*sÂ»-9 ing to the following legally described property. 325 Park Ave by order of the City of Aspen Community Notary Public Development Department on October 14,2015, The Applicant received approval for two Residen- tial Design Standard Variances related to the addi- tion to the existing home. For further intormation [KARENREEDPATTEREa contact Sara Adams, at the City of Aspen Commu- nity Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2778. ATTACHMENTS: 1 NOTARY PUBLIC s/ City of Aspen NOTARY ID #19964002767 Publish in The Aspen Times on October 22, 2015. ~ STATE OF COLORADO ~ (11621044) COPY OF THE PUBLICATION '-NEEMsion EEZESES.1% 2016 ~ DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order" , is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date o f this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Sallie Golden, 325 Park Ave., Aspen, CO 81611 Property Owner's Name, Mailing Address 325 Park Ave. "Section: 18 Township: 10 Range: 84 LAND BEING A PORTION OF MASCOTTE LODE USMS 5867 SIT IN NW4NE4 OF SEC 18-10-84 CONT 2,690 SO FT M/L DESC BY M/B 0% 0 ACRESOF THE MASCOTTE LODE USMS #5867" Legal Description and Street Address of Subject Property Residential Design Standard Variances for front porch size and for garage location Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for two Residential Design Standards Variances: received 9/24/15 and signed for approval 10/14/15 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 22, 2015 Effective Date of Development Order (Same as date of publication of notice of approval.) October 22, 2018 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 225 day of October, 2015, by the City of Aspen Community Development Director. (Unf Chris Bendon, Community Development Director NOTICE OF APPROVAL For Two Residential Design Standard Variances at 325 Park Avenue, Aspen, CO Parcel ID No. 2737-181-002-11 APPLICANT: Sallie Golden REPRESENTATIVE: Flynn Stewart- Severy of F&M Architects SUBJECT & SITE OF AMENDMENT: Residential Design Standard Variance for 325 Park Avenue, involving the construction of an addition on the front of the existing building and the construction of a new garage. SUMMARY: The Applicant has requested two Residential Design Standard Variances related to the location of the garage and the size of the front porch. The proposed garage meets the requirement for a one-story element (Section 26.412.040.D.2). The applicant is requesting a variance to the following code sections: \4 'The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." (Section 26.410.040.C. 1.b) 10) "A covered entry porch of fiji-y (50) or more square jeet, with a minimum depth Of six (6') feet, shall be part Of the front facade. Entry porches and " (Section canopies shall not be more than one (1) story in height. 26.410.040.D. 1.b) STAFF EVALUATION: Staff supports the proposed variances for 325 Park Ave. The existing building, "the triangle house" is located on a nonconventional lot shape. The applicant proposes some minor additions to the home including a new garage and a small addition to the front. The applicant represents that demolition is not triggered by the proposed project. Page 1 of ..... .J. ..1 ..... 6 . 4/. 11. /1 . \\ \\ 1 1 \49.. 900 . j....E=%42 i lei /,4 / 0 t S ' hW .-4.*bit ; 1 =+ Side Yard . Â· / 3 tyÂ« to 11% 1 , friAP # t..:. ' Â»11 f te... t... , 7.1 1 :1 1. , 4 / -â€¢13 vil . =3 2 i Â·6 ' S'KeY + 1' Front Zu , :42%Â£*D " 11 / ..: C. k / .7 1.1-" "I; ~la,11 - 1 Yard : 11 < S 0 ..169.7.73.- , 2 E 14 i 1 / -9' 0.' '4 6,9 Rear Yard -P -W â€¢ c. 4 :ir:â€¢â€¢ â€¢ - t.. 37/34 47 01.-- 1':293Â»'22Â·.L . I V li '<U' D 4,0 Â¥â€¢â€¢, -Â·6â€¢ 4 i .:25 I I. 4, ze I (2 7.*7' \ 1. flU j"'b:,;HCift.A-lUC:~U--3 11 1Â¥N:3...W. 1, Sidel ~ Yard ~ Figure I: Survey of 325 Park showing existing building. Setbacks as determined by Community Development are labelled on the image. There is no location for the garage onsite that meets setback requirements in the zone district and also meets the 10' setback Residential Design Standard rule. The proposed location is clearly necessary for reasons of fairness related to unusual site specific constraints - mainly the lot shape. The minor changes to the front fagade trigger compliance with the front porch Residential Design Standards. The applicant proposes a covered porch; however due to setback requirements, the depth of the porch is less than the required 6' depth. The size and design of the porch meet the Residential Design Standards. Staff finds that, given the site specific constraints of the lot, the design is appropriate. DECISION: The Community Development Director finds the Residential Design Standard Variances noted above and illustrated on Exhibit B to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the variances as specified below. Page 2 of 41 The approved variance to 325 Park Ave, allows for the construction of a garage and a small addition to the front of the existing building, as depicted in Exhibit B. APPROVED BY: LWI<FFÂ»- ~ 14 2*l 5 Chris Bendon Date Community Development Director Attachments: Exhibit A - Approved Plans Exhibit B - Review Standards Page 3 of . Exhibit A Review Criteria and Staff Findings Residential Design Standards Variance: Sec. 26.410.020.D Administrative Variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. The proposed variance is minimal in nature and will not negatively impact the surrounding context on the site. Staff finds the proposal is consistent with the existing context. 1. Be clearly necessary for reasons of fairness related to unusual site-specific constraints The applicant is working atypical site constraints given the steep slopes and settlement agreement limiting height to one-story. Staff finds that the proposed variances are necessary due to these unusual site-specific constraints. Page 4 of . k 1 . vv V . A . . .. . . 0 : 1 02 6 412 0 ~~Â«Â«Â«44Â»44j - LCINA~.~.~1~ A L lu UN p i< 11.- Â»- *-<Â« 1 19 \ 1 11\ -1 11/ Â» 4 1 / 7 4 1/: / i i >5\ 0 I. F.Al 8- 51\11 I -â‚¬\\\11 2 16\ /// -./ auc~ 3 1<2~=-.4.9..111 -114 9 9. F r . t 9- 23 . = +-~ m Roof Plan New i Triangle House ~ Don B. Mel)onald. Architect AlA Ltd. 2 2121 North Main Avenue o Building Permit Issue - 27 325 lurk Avenue ~ San Antonio. Texas 78212 2 Â»0 g Addition Aspen Colorado 1 (210) 735-9722 ZO I V Arthite,1 1/ \ / L.XISTIN' \ARD F ,~Lij / 1 1 1 1 029 l EXISING , 1 \ COLUMN - / \ -9 ~ (;ENERAL NOTHS 7 U 01 1/ dill. 1 ,)11,11=7949-Il'aboÂ·vt se:i]rvel ,~\ .* Q \ 0 0 - -\ D m N L.___1 1__~ E > r- .1 1/ % <4 \ 244. ,' I.1(~'EL 2 CO>1+1'OUR | / i ~ Â» Â·â‚¬ Â·a 1 ' LINE Di/ 1 O,\Â·00 2 1 I I EXIS-3+1NG ~ ~ ~ 0 / 1 - 1 2*N 1 -1 NEW CONS'in'Â·CTION ' // 1/~ 3 3 1 -- eN CO \ EXISTING FENCE ; 3 mÂ« 1 Of ) % 4. /2 / .4 1 0 0.\\ 6944 \ 1}ROPERI'YLINE -31 1 0//N 0: \ \ / \ Pro/6 N.une. 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McDonald, Architect AIA Ltd. \ / --- 7 1 0 1 lit./1. Z \ Z 2121 North Main Avenue m Building Permit Issue - ~ 325 Park Avenue San Antonio, Texas 78212 Addition Aspen Colorado (210) 735-9722 MeN Joold JE~ddn e Ple-1 (0 NDVQI.HS PLASTER CEILING FURR 1 =2.2/ L * - FREESTANDING TUB 0'-0" = 7949'-11" above sea level EXISTING ERAL NOTES ~ NEW CONSTRUCTION COZV - 121*IE) PROPERTY LINE Wd Emd ~IOY/96 dSVt'I 109[aId Architect cs>oeG. 2ol~*:~~ COM1MUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Sallie Golden Phone No.: (970) 274-0094 Owner ("1") Email: Address of 325 Park Ave Billing 325 Park Ave Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the 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. 0 Select Dept 0 Select Dept $ flat fee for $ flat fee for 0 Select Dept 650 Flat Fee 4 (RDS, Mir $ 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. 1 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ ~ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property owner:, 54\ l.1 6 6 0\8, ir~ Chris Bendon Community Development Director Namer ~0126,-1 -'~â€ž42( Title: O W N/l City Use: 650 Fees Due: $ Received: $ January 2015 City of Aspen I 130 S. Galena St. I (970) 920-5090 C In OP )45.FRES'O q i zi i zo ir Ce...x-JE<t9 U>EUECAfâ€¢kÂ·trN'r 60 9. 4 ALâ‚¬N A ACPER Co 8 \GU -tb U HOR 6 MAL, C 0-keâ‚¬QJ , f SALLIE (1 OLD â‚¬-d HAdE Â·EnA P LD N â‚¬ D 1 1 fLHAN STâ‚¬WART - sâ‚¬UE@-1 Or .11-61 ~CRA 1-TEerS 1% 049 E.tf RES e.32-4 rf u C 70 Sueâ€¢, cr A 1><S c 4 j 0Aa., NACE- To 1(E C '79 1 1~-og- A e.68â‚¬CT 04 MY FRoPER-71 *r -32,5 P,Â£* AvE. AS FEÂ»j . fl LE ,4,E ,ect F'T -aus 'Fo foiN- 0 0 9 114 1 \S- 82_ 1~01.1,1,3. 51NCE,LE,el 1 i 1 . p 79 r â‚¬ ALÂ£-1 â‚¬ 9 OLDâ‚¬ 'J f KO Pte-Tl oWN E K 3 2-5 PA EJL AVE . Asfew co 6 1 (01, Planner: Sara Adams Project: 325 Park Avenue (1530 Heated SF) Owner: Sallie Golden Request: Residential Design Standard (RE)S) Variance Street Address: 325 Park Ave. Aspen, CO 81611 Legal Address: Section: 18 Township: 10 Range: 84 LAND BEING A PORTION OF MASCOTTE LODE USMS 5867 SIT IN NW4NE4 OF SEC 18-10-84 CONT 2,690 SQ FT M/L DESC BY M/B 0% 0 ACRESOF THE MASCOTTE LODE USMS #5867 Proposal relating to: Section 26.410.040.C.2.b which states, "The front facade of the garage or the front- most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." Commentary: A variance is requested for Section 26.410.040.C.2.b due to the unusual site- specific constraints at the above mentioned address. Staff will use two criteria when determining the appropriateness of a variance a. Provide an appropriate design or pattern of development considering the context in which development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels js necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual ske- specific constraints. Existing Conditions: The lot and setbacks result in a triangle-shaped lot. There is currently 590 sf on which to build. The existing/original home (built 1981) occupies a 353 sf footprjnt and has an 18" cantilevered second story that projects to the south of the building footprint. Proposal: The owner, Sallie Golden, is seeking an RDS Variance for the placement ofa new single car garage at 325 Park Avenue. All aspects of the proposal attempt to limit demolition (both structural and cosmetic) to the existing home. Ms. Golden is a permanent resident of Aspen and is only trying to make additions to her existing house that do not affect the existing structure, or the the interior remodels she has already done. The garage was designed to isolate the new structure from existing structure. t. While the applicant recognizes it is possible to build a single car garage in the middle of her property, this, in essence, would require a complete scraping of the existing home. As a result, the applicant is seeking a variance for the garage because of the property's unusual site-specific constraints. The complexity of hertriangular-shaped lot has been illustrated multiple ways. Three possible garage locations were identified with perpendicular access to Park Avenue. All 3 locations failed to satisfy sectjon 26.710.040.D.3 of the code, which requires a 5'-0" rear yard setback for garage structures. (see drawings LU.2, LU.3, LU.4). In each jnstance, the triangle-shaped lot clips the rear and side walls of the garage, restricting the applicant's ability to locate a single-bay garage, of modest proportions, on her property. A fourth location was identified, and is being put forth as the best solution for both applicant and City. The fourth location (LU.1) allows the garage to be accessed at a 60 degree angle from Park Avenue. This garage has an interior dimension of approximately 10' x 19' which is shorter in each direction than the preferred standard (12'x24'). The proposed garage will run parallel to the property line and sit on the edge of the 5'-0" rear yard setback. As a result, satisfying section 26.710.040.D.3 of the code, where the previous 3 failed. The area between the proposed garage location and the existing house will be infilled with living space (see Al.01 and A2.01) In all four options the proposed garage design fails to comply with 26.410.040.C. 2.b. The triangle-shaped lot prohibits a single-car garage addition; however the proposed plan (LU.1) satisfies section 26.710.040.D.3 where LU.2, LU.3, and LU.4 do not. Proposal relating to: Section 26.410.040.0.2.a which states, "On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport." Commentary: A varjance is not required for Section 26.410,040.0.2.(see LU.6). This proposal maintains the current living area footprint and proposes to add a single car garage to the far south. The width of the living area is approximately 45'-4" on the street facing facade, and the width of the garage is approximately 12'-9" on the street facing facade. Proposal relating to (not requested by Pre-App but of consequence): Section 26.410.040.D.2 which states, "First story element. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element js projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed 10' as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining fjrst story elements on the front Meade shall not be precluded." Commentary: A variance is not required for Section 26.410.040.D.2. (see LU.6). The existing house currently does not have a first story element. The existing exterior wall of the front elevation sits less than 6'-0" from the edge of the front yard setback thereby prohibiting a 6'-0" deep element to be added to this Meade. The creation of a new garage on the south end of the property will satisfy the requirement for a single story element. Summation: A street-facing garage would better fit into the architectural context. There are currently 27 parcels on Park Ave between its intersection with E. Cooper Ave. to the South and Midland Avenue to the North. Of these 27 parcels we counted sixteen residences that have garages, all of which are street-facing (see attachment 2). Some of these garages, like our own, fail to comply with 26.410.040.C.2.b (see 107 Park Ave., 311 Park Ave., 315 Park Ave and 317 Park Ave.) For all the above mentioned reasons Ms. Golden is seeking a RDS Variance. Requested Addendum (Submitted 9/28/15) Proposal relating to Section 26.410.040.DJ.b which states, "A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. Commentary: A variance is requested for Section 26.410.040.D.1.b. Ms. Golden has less than (6) six feet between her existing front facade and her front yard setback. This prevents her from providing a 6' deep covered entry. She can however satisfy the 50 sci ft. requirement as demonstrated in the attached plans with a 3'-11" deep x 14'-2" long roof slab that projects over her entry and stairs. The roof eave projects into the setback less than 18" as permitted per: 26.575.020.E.5.g. The roof slab is not more than one (1) story in height as measured from the bottom of her entry door, and there is no habitable space above the entry roof. Planner: Sara Adams Project: 325 Park Avenue (1530 Heated SF) Owner: Sallie Golden Request: Residential Design Standard (RDS) Variance Street Address: 325 Park Ave. Aspen, CO 81611 Legal Address: Section: 18 Township: 10 Range: 84 LAND BEING A PORTION OF MASCOTTE LODE USMS 5867 SIT IN NW4NE4 OF SEC 18-10-84 CONT 2,690 SQ FT M/L DESC BY M/B 0% 0 ACRESOF THE MASCOTTE LODE USMS #5867 Proposal relating to: Section 26.410.040.C.2.b which states, "The front facade of the garage or the front- most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house." Commentary: A variance is requested for Section 26.410.040.C.2.b due to the unusual site- specific constraints at the above mentioned address. Staff will use two criteria when determining the appropriateness of a variance a. Provide an appropriate design or pattern of development considering the context in which development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site- specific constraints. Existing Conditions: The lot and setbacks result in a triangle-shaped lot. There is currently 590 sf on which to build. The existing/original home (built 1981) occupies a 353 sf footprint and has an 18" cantilevered second story that projects to the south of the building footprint. Proposal: The owner, Sallie Golden, is seeking an RDS Variance for the placement of a new single car garage at 325 Park Avenue. All aspects of the proposal atternpt to limit demolition (both structural and cosmetic) to the existing home. Ms. Golden is a permanent resident of Aspen and is only trying to make additions to her existing house that do not affect the existing structure, or the the interior remodels she has already done. The garage was designed to isolate the new structure from existing structure. REctivED SEP 2 4 2015 c CITy OF ASPEN OMMUNITY DE.CLOPMENT While the applicant recognizes it is possible to build a single car garage in the middle of her property this, in essence, would require a complete scraping of the existing home. As a result, the applicant is seeking a variance for the garage because of the property's unusual site-specific constraints. The complexity of hertriangular-shaped lot has been illustrated multiple ways. Three possible garage locations were identified with perpendicular access to Park Avenue. All 3 locations failed to satisfy section 26.710.040.D.3 of the code, which requires a 5'-0" rear yard setback for garage structures. (see drawings LU.2, LU.3, LU.4). In each instance, the triangle-shaped lot clips the rear and side walls of the garage, restricting the applicant's ability to locate a single-bay garage, of modest proportions, on her property. A fourth location was identified, and is being put forth as the best solution for both applicant and City The fourth location (LU.1) allows the garage to be accessed at a 60 degree angle from Park Avenue. This garage has an interior dimension of approximately 10' x 19' which is shorter in each direction than the preferred standard (12'x24'). The proposed garage will run parallel to the property line and sit on the edge of the 5'-0" rear yard setback. As a result, satisfying section 26.710.040.D.3 of the code, where the previous 3 failed. The area between the proposed garage location and the existing house will be infilled with living space (see Al.01 and A2.01) In all four options the proposed garage design fails to comply with 26.410.040.C. 2.b. The triangle-shaped lot prohibits a single-car garage addition; however the proposed plan (LU.1) satisfies section 26.710.040.D.3 where LU.2, LU.3, and LU.4 do not. Proposal relating to: Section 26.410.040.C.2.a which states, "On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport." Commentary: A variance is not required for Section 26.410.040.C.2. (see LU.6). This proposal maintains the current living area footprint and proposes to add a single car garage to the far south. The width of the living area is approximately 45'-4" on the street facing facade, and the width of the garage is approximately 12'-9" on the street facing facade. Proposal relating to (not requested by Pre-App but of consequence): Section 26.410.040.D.2 which states, "First story element. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed 10' as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Commentary: A variance is not required for Section 26.410.040.D.2. (see LU.6). The existing house currently does not have a first story element. The existing exterior wall of the front elevation sits less than 6'-0" from the edge of the front yard setback thereby prohibiting a 6'-0" deep elementto be added to this facade. The creation of a new garage on the south end of the property will satisfy the requirement for a single story element. Summation: A street-facing garage would better fit into the architectural context. There are currently 27 parcels on Park Ave between its intersection with E. Cooper Ave. to the South and Midland Avenue to the North. Of these 27 parcels we counted sixteen residences that have garages, all of which are street-facing (see attachment 2). Some of these garages, like our own, fail to comply with 26.410.040.C.2.b (see 107 Park Ave., 311 Park Ave., 315 Park Ave and 317 Park Ave.) For all the above mentioned reasons Ms. Golden is seeking a RDS Variance. IMPROVEMENT AND TOPOGRAPHIC SURVEY A PORTION OF THE MASCOTTE LODE U.S.M.S, NO. 5867 SITUATE IN THE NORTI-IEAST QUARTER OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., CITY OF ASPEN, COLORADO / Tki.2 /,; f ..r./ / I /4.Ok....21\ -1: =\0/97 : ..t / , GRAPHIC SCALE 1 +48.57 20 40 1 t 348 73 / / 1 13 ( IN FEET) .Â· 1 WA 1 Inch = 10 ft 1 / .1 h 4//1 .-- 11 2 Â·-- .2. ...'~ n -2+V G/:3:227r p -/ ~ % .- 1/ NQIES. 112 -~ ''4*9 ," i*&; '5~39-37., -be--:1- 1 1.-I-2 : i..... -3 ) 1 1 BASIS OF BEARINGS: THE BEARING S 89Â·46'00" E BETWEEN FOUND MONUMENTS ALONG THE NORTH LIE OF THE PARK AVENUE CONDOWNIUMS AS SHOWN ON THIS SURVEY. f h 2. THE SURVE' SHOWN HEREON IS BASED IN PART ON THE ALiA COMMirMEN] fOR TITLE ISURANCE REPOR 1. FOUND REBAR AND CAP L.S #9184 / 1 79&5 7 lilliâ„¢ENT NO 0703352-C4. DATED JANUARY 03, 2012 BY TITLE COMPANY OF THE ROOKIES 121 4 0-LI..... : ...,4..1.1 24927- ''PI.-::27.Â· 4 6- %*li--- F--- - 1 H 3 THS PROPER'rf S SUBJECT N PART TO THE FOLLOWING: (AS PER TME EXCEPTIONS LISTED IN THE ABOVE MEN HONED TITLE COMMITMENT .' 1 1 1 +3,8, BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED. AS RESERVED N THE UNITED STATES A) RGHT OF THE PROPRIE-OR OF A VEIN OR LODE TO EXTRACT AND REMOVE HS ORE THEREFROM, SHOULD THE SAME PATENT RECORDED vAY 20.1 949. iN BOOK 175 AT PAGE 170, - A- :. Â· ...~J C~ '-22 Â·4Â· 0-,37:4'-1 ~272 l ~ ~1 '0 8) R CHE Or WAY FOR DETCHES OR CANALS CONSTRUCTED / THE AUTHORITY OF T E UNITED STATES. AS RESERVED L W UNITED STATES PATENT RECORDED MAY 20, 1949, IN BOOK 175 AT PAGE 170 - b 679/ ..,tf>434jIX< -Â·lj- 4 THIS PROPER'Y IS LES QSDE Or LIE 100 YEAR FLOOD PAZARD ZONE PER FEMA / O XM . ~ 5. THIS PROPERTY,S ZONED R-6. BUILDING SETBACK LINES SHOWN SHOULD BE CONFIRMED WiTH THE CrY OF ASPEN 6. AREA OF LAND SHOWN AND SURVEYED HEREON: 2692 SQUARE FEET i. BEFORE DEVELOPMENT DESIGN AND CONSTRUCTION. Â» 4 04 49.V 1 3 >* 11 '- .Il | Ir . 31 - , 2142-1 '01 49% 4,0 41 1 ~ 1 7949 1~ BENCHMARK: 7/ /13 , ~EL 'J ~ 2.~~~.~ ~.~~ -~ litffilliTA#.'-2 BENCHMARK: "0-159" N ASPEN, PITKIN COUNTY. AT THE SOUTHWEST CORNER OF THE COUNIPY / I /6 COURTHOUSE LAWNI, 59 fEET NORTH OF THEI CENTERLINE OF MAIN STREET, 43 FEET EAST OF THE 1 1 CENTERLINE OF GALENA STREET, 65.8 FELET WEST OF THE CENTER OF THE MAIN ENTRANCE TO THE BUNLD'NG. \ i LIFC.9 33.7 FEE[ SOUTHWEST OF //E GRANITE BASE OF A SOLDER'S MONUMENT, AND 3 FEET NORTHEAST OF PiE VICINITY MAP -0-- .0 1 2 2 91 , 1 1 70\ , 1 1 SOUTHWEST CORNER OF AN ORNAMENTAL IRON FENCE: A STANDARD DISC STAMPED "Q-159 1934" AND SET IN THE TOP OF A CONCRETE POST, THE NAVD 88 ELEVANON OF 0-159 EQUALS 7911.98 FEET ABOVE SEA SCALEÂ· 2 - 600 LEVEL (SUBTRACT 5 31' TO REACH USGS 1929 DATUM) .do.d' / / GAS'METER ~ / Edi 2 41 â€¢P 0% +I ll / t <1 ~ 1~11. PARK AVENUE CONDOMINIUMS / 82/Re 03- 71 -75197 i ; \ 1 (PLAT BOOK 98 AT PAGE 83) 4%/ y 22 ~ CRAvEL ./< SURVEYOR'S CERTIFICATE: { 7941,1 ~ ~1 - 1 DRVEWAÂ¥ 8"SPR ; Â»plbo,0 - 7949.0--- LU / , 0 |1<' "THE UNDERSIGNED HEREBY CERTIFIES TO SALLIE GOLDEN AND THE Â£ - ~49.0 ~ '0 1 CITY OF ASPEN THAT THE IMPROVEMENT AND TOPOGRAPHIC SURVEY TO WH;Ch THIS BIBBiG SLED,VISION E>EMPTION TWO ~Â·1 WOOD STAIRS Tri c STORY 1 AND LANDING . ~ !22 1 CERT'FICATE IS ATTACHED, PREPARED BY THE UNDERSIGNED, A PROFESSIONAL L (DIMENSIONS -0 OUTSIDE ' '9 ~ ~ ~ ~ 1 / LICENSED LAND SURVEYOR, WAS ACTUALLY MADE BY INSTRUMENT SURVEY 9 AT Br'01 99 AT PAGE 0 -0 ?lf i HOUSE ! W= \L UPON THE GROUND; THE SURVEY AND THE INFORMATION. COURSES AND | SETBACK D'STANCES SHOWN THEREIN, INCLUDING, WTHOUT LIMITATiON, AL SETBACK / 7950,30 WOODS DING) AND YARD LINES, ARE CORRECT, THE SUE AND LOCATION OF ALL BUILDINGS, FOUND REBAR AND CA' LS 9175 ~4~ I ' 70 1 1 1 'tÂ« S 14*12'W 0.5 FAD 'C REC , :, 9 2*1 s STRUCTURES AND IMDROVEMENTS ARE AS SHOWN, IF ANY- LEGAL DESCRIPTION + 7948 3 , 1 1Â®,- MAIL BOX Q N 1 FURTHER CERTIFY THAT SAID BULDNNGS, STRUCTURES AND IMPROVEMENTS ON -9 1 0 648 9 2 THE LAND REFERRED TO IN HEREIN S LOCATED IN THE COUNTY OF PITKIN, STATE OF COLORADO. AND SAID PREMISES ON THIS DATE. MARCH 20, 2012 & UPDATED SEPTEMBER 2015 EXCEPT 42 / a . 24.25 U-'L TY CONNECTONS ARE EN 11RELY WITHIN THE BOUNDARIES OF THEE PARCEL. DESCRIBED AS FOLLOWS: A PORTION OF THE MASCOTTE LODE M.S #5867 UNI THE \Vil /4 OF THE , 7948 6 -~f 1 4 7948.00 EXCEPT AS SHOWN, THAT THERE ARE NO ENCROAChMENTS UPON THE DESCRIBED NE1/4, SECTION 18, TOWNSH P 10 SOUTH. RANGE 84 WEST y THE EM P.W. CITY OF ASPEN, 44Â«022 4Â»07 1 EP Of g CCLORADO, MORE FULLY DESCRIBED AS FOLLOWS ' M 1 INDICATED, AND THAT THERE :S NO APPARENT EVIDENCE OR SIGN OF ANY JRE// SES BY 'MPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS BEGINNING AT A DONT ON THE SOUTH END UNE 0Â¢ SALD MASCOTTE CLAIM FROM WHENCE :09NER NO 1 OF 39 V Z j=... . 12 w < z 1 EASEMENT CROSSING OR BURDENING ANY PART OF SA:D PARCEL, EXCEP THE MASCOTTE 8'ARS N 89* 46' W 127.9 FEET; |' I ~ 2 BOUNDARY IS LESS THAN 1Â·15.000 47-Â»Â»77.7 ijc AS NOTED. SURVEY PRECISION OF THE -ERROR OF CLOSURE" IN THE PARCEL GRA 411 42 Â· a THENCE S 89- 46' E 5.00 FEET; 46 ---23*293, DR 1.A Y *,0 b p.-- - 3 THENCE N 01Â· 36 E 34.50 FEET; . I '0~ 19 M --- -- 949 k 0:=916(Jic t. RA 0 43t DIENCE N 03Â· 05' W 01.71 FEET 0. 1 IX E rih.47 8 W ROBERT C HUTTON. PLS #24312 ., 1HENCE S 38Â· 00' W 82.86 FEET; PA THENCE S 57- 31' E 57.34 FEET TO THE POINT OF BEGINNING 4 cf .a 331.// /,4 J247.75 t.'tv- /fdj c. g;~*~i GED 22 1 24312 Zi ,< i ib&Â·' + 79478 4 0 La. 10 -- 7947 46.- *........t#; 62 ~ 2F0UND REEBAR AND CAP L S #9184 #Mt LAND ~r N 29-46'00-W 5570 - _________ __ -- _______ \ 72 20' 1%219â‚¬~ i CORNER NO. 1 OF THE MASCOTTE LODE M.S.#5867 -- N 89Â·46'00"W 127.90' \ 4 7902.6 r-T-M/7,9 ~ 7939 4 / .t \ FOuND REBAR AND CAP L.S. 9Â·84 ~\~~9.83 1~'09% ~EU'lly*8,91037935 ~ /6906 26 IMPROVEMENT AND TOPOGRAPHIC SURVEY BADS 07 BEARINGS -- + 7946 4 31 5-3-7 DARK AVENUE CPNDOMINIUM #/ / /V % PAVE OF LANDS OF SALLY GOLDEN 3/ + 7942.70, 4 '4/4 f 15 BEING A PORTION OF THE MASCOTTE LODE U.S. M.S. NO. 5867 06 +/439.85 9 / 423996 / 1/ SITUATE IN THE NE 1/4 OF SECTION 18, T. 10 S., R 84 W., 6TH P.M Ch 1 LEGEND SSMH SANITARY SEWER MANHOLE AS DESCRIBED IN THE WARRANTY DEED RECORDED MAY 17, 2012 -le ut; tes ex'st ~g on the surface ond shown orÂ· EM,4 COÂ« 1 \ INV 2 ENER[C MANHOLE IN DEED RECEPTION NO. 589150, PITKIN COUNTY RECORDER'S OFFICE th s drowing Uve beer loccted by fiekd survey 85 i 1 A 1 underground utn es sbown on this dro/Ing ore GRD - GROUND ELEVATION From Â·ecords 0, the vorious utility compolies I. the W V. - WATER VALVE ASSESSOR PARCEL #2737-181-00211 0%4 Â»21 survevor coes n. assuÂ·ne respons,b;1 ty for the~ LINE BEARING DISTANCE 4 7944.29 FF FINISHED FLOOR Glv; &1 CAS METER completeneis, ind,coted locot:on. or Ize Recordj 0*/t utii,ty Â·ocotion should be confirnred by exposing L 1 S 89'46'00"E 5.00' \ / EP -T & E TELEPHONE & ELECTR CAL (UNDERGROUND) LINE (325 PARK AVENUE) the .9.' -G- - GAS LINE Ul. Illy ~/1 8 7943.72 - - WATER LINE CITY OF ASPEN PITKIN COUNTY COLORADO Â·r .1 SET eKE -SS SANITARY SEWER UNE // # - STREET LAMP (ELECTROUER) + 7944 5 -U - UNDERGROUND SCALE: 1" = DATE: JULY, 2012 PA Â·E EP - EDGE OF ASPHALT PAVING up - JOINT UT]LiTY POLE (CUT OFF) ROBERT C. HUTTON SEPTEMBER, 2015 EC - EDGE OF CONCRETE- PAVING EM - ELECTRIC METER PROFESSIONAL LAND SURVEYOR ACCORÂ©ING T. COLORADO '.AW You MUST COMâ€¢ENCE ANÂ¥ ~GAL ACTION BASED UPON ANY DEFECT ./ 54!S SUR~EV --- - WOOD FENCE LINE 725 CEMETERY LANE Â¥,91* â„¢Râ‚¬E Yons 'PER frk; W. DISCOvER SUCH DEFECT 1~ No ~T. MAÂ¥ ANY AC-4 @ASED UPON ANY ~~ - BOULDER/ROCK RETENTION WALL ASPEN, COLONADO 81611 DErECT M .[s .....5 .......E â„¢AN ....S â€¢Rou 'E .....CER-~ C.........ON ce 'NI) 6,_V /0'NJVEN; 195.1 BRASS DiSC CORNER M.S 3905 AM (PER 60 PLATS 5) (970) 544-9952 S-1 zic ad 218-:5 2181Â© 39 D SETBACK 4 45 IMPROVEIVIENT AND TOPOGRAPHIC SURVEY A PORTION OF THE MASCOTTE LODE U.S.M.S, NO. 5867 SITUATE IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., CITY OF ASPEN, COLORADO 1 0-2,-A / .ST Â»:r / = 1 /6 . ' .-1 X. , GRAPHIC SCALE + 7948.57 / SE' PE ' 3 '~i:3Â·.1 . -Â·Cirth#---20119<PAL, < - t 7948 73 / 1 .Ep / / 1 13>. ( IN FEET) Ir. i 1 Ill 1 1 1 NQIESL 1 BASS OF BEARINGS: THE BEARING S 89Â·46'0/ E BETWErEN FOUND MONUMEN TS ALONG THE NORTH .iNE OF 1 4! THE PARK AVENUE CONDOMINILMS AS SHOWN ON THIS SURVEY 2. THE SURVEY DOWN HEREIN [S BASED i N PART ON THE ALTA COMMITME-NT FOR ITLE INSURANCE REPORT. FOUND REBAR AND CAP L S #9184 / 1 7948 7 COMMIâ„¢ENT 40 0703352-C4, DATED JANUARY 03, 2012 BY TITLE COMPANY OF THE ROCKIES 1 THS PROPERTY S SUBJECT IN PART 10 THE FOLLOWING: (AS PER ME EXCEPT.ONS LIED 441 THE ABOVE MENTIONED TITLE COMMITMENT) '949.17 ;97. A) RJGHT OF TIE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME Itt BE rOUND TO PENETRATE OR iNTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN THE UNITED STATES 1 're,0 PATENT RECORDED MAY 20. '949, IN BOOK 175 AT PAGE 170 ' IN UNITED STATES Â£'Al'ENT RECORDED MAY 20, 1949, H BOOK 175 AT PAGE 170. B) RIGST OF WAY FOR DÂ·TCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. AS RESERVED ~- ,~ ~ - ~f-~-1~cx~.<=%284X<- - cn \ j ~ 1 4. THIS PROPE'TY IS LIES OUTS|DE or THE !00 YEAR FLOOD HAZARD ZONE PER FEMA 0 5. .6 PROPERTY lS ZONE R-6. BUILDING SETBACK LINES SHOWN SHOULD BE CONFRMED WiTH THE CITY OF ASPEN t . it BEFORE DEVELOPENT DESIGN AND CONSTRUCT:ON Aot - ,Â¢' . ... .. .- 1 . . . 1 0,420- .fi...-#09- Â«11) 91 7..4 -- '--*-->-4/ 6. AREA OF LAND SHONA AND SURVEYED HEREIN 2592 SQUARE FEET i 1 .4-1. H-- \ 1\ il \ Y- 1-f Z.\ 2/ / j 79â€¢91 BENCHMARK: Ili, Ir * BENCHMARK: 1.0-1.59 IN ASPEN, PITKIN COUNTY, AT THE SOUTHWEST CORNER OF THE COUNTY 4 /~ 42 ~ ~ ~~:9% COURTHOUSE LAWN, 59 FEET NORTH OF THE CENTERLINE OF MAN STREET, 43 FEET EAST OF THE CENTERLINE Of GALENA STREET. 65.8 FEET WEST oF THE CENTER OF THE MAIN ENTRANCE TO THE BUILDiNG, VICINITY MAP / / _ 1 Zi 33 7 FEET SOUTHWEST OF PE GRAN'TE BASE OF A SOLDERES MONUMENT, AND 3 FEET NORTHEAST OF THE SOUTHWEST CORNER Or AN ORNAMENTAL FRON FENCE; A STANDARD DISC STAMPED -0-159 1934" AND SET N THE TOP Of A CONCRETE POST. rHE NAVI 88 ELEVATION OF 0-159 EQUALS 7911 98 FEET ABOVE SEA SCALE: 1" = 200 01 \>.0 2#421 1 1 9.61 / /// t.st VE-ER _ w j , LEVEL (SUBTRACT 531' TO REACH USGS 1929 DATUW 433*0~ ' \ -1 O >, /7 - 7955190 Â· f ~ 1 ~| f \ DARK AVENUE CONDOMINIUMS 1 1. 7940.1 | ~ (PLAT BOOK 98 AT PAGE 83) 9./2 ZIZZ ~ GRA\,EL- ~ 'PAVE SURVEYOR'S CERTIFICATE: Â» --ZI I DRVEWA ' 1 ' ~ 3 1 ' 8"SPR : =4; 7950.0 1 7941.0- - L.U , . 0 "THE UNDERSIGNED HEREBY CERTIFIES TO SALLIE GOLDEN AND THE 0 \ *95 TWO 24 -000 sTA,RS -- c'249 0 CTY OF ASPEN THAT THE #MPROVEMENT AND TOPOGRAPPIC SURVEY TO WHICH THIS BIBBIt St B D i VISION EXEMPTION STORY 1//0 LANDING , Z w CERTIFICATE IS ATTACHED, PREPARED BY THE UNDERSGNED. A PROFESSIONAL (DLAT BOOK 99 AT PAGE '3; { 91\ f (D:MENSIONS To OuiDE 10' ' g L.L.1 ~ L HOUSE -, LiCENSED LAND SURVEYOR. WAS AC VALLY MADE BY 1NSTRLMENT SURVEY >; AND YARD LINES. ARE CORRECT: THE SIZE AND LOCATION OF ALL BUILDINGS. WOOD Â®DING) - 1 SETBACK 1 ,~ UPON THE GROUND: THE SURVEY AND THE INFORMARON. COURSES AND DISTANCES SHOWN THEREIN. INCLUDING, WITHOUT LIM:TATION. ALL SETBACK 7924|772 NE %14,J 9175 +4 1 1 STRUCTURES AND IMPROVEMENTS ARE AS SHOWN, IF ANY". LEGAL DESCRIPTION 1|~- MAIL BOX Si M cURTHER CERTIFY T}HAT SAID BUMPNGS. STRUCTURES AND IMPROVEMENTS ON ,/90 1 - 1 --I L \ 1 1 THE LAND REFERRED TO N HEREIN '5 LOCATED A THE COUNTY OF PITKIN. STATE OF COLORADO, AND 3Â· 2.4 .10-#\ A EEZ948 9 A \ 24.25 ~ SAID PREM[SES ON THIS DATE. MARCH 20, 2012 & UPDATED SEPTEMBER 2015 EXCEPT J-iLITY CONNEC TIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, DESCRIBED AS FOLLOWS: A PORTION OF DiE WASCOTTE LODE M.5 #5867 iN THE \Wl /4 OF TPE ~07948 6 M 2: 4 7948 0 EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED VI .4>4'1922.992 SQIFT.+/- T- ~ NE1/4, SECTION 18, TOWNSHIP 10 SOUTH RANCE 84 WEST OF THE 67.4 P.M., CITY OF ASPEN, ~ EP < UCATED, AND THAT THERE S NO APPARENT EVIDENCE OR SIGN OF ANY 1 B 'C COLORADO. MORE FULLY IDESCRIBED AS FOL.OWS. 16 1 . I I PREM SES Bv IMPROVEMENTS ON ANY ADJOINING PREMISES. EXCEPT AS j~ PEr-p-*~~ ~ 3~Q.*f 6<Of <f.~~R~E ~ W < 3! EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL. EXCEPT BEGINNING ATA POINT ON THE SOUTH END LINE Or SAD VASCOTTE CLAiM ROM WHENCE CORNER NO 1 OF 4/ . 5~ AS NOTED SURVEY PRECISsON OF THE -ERROR OF CLOSURE" IN THE PARCEL THE MASCOTTE BEARS N 89Â· 46' W 127 9 FEET. -Â·12Â«4Â«192 ,>Â«tif :'N.. -9 GPA+1_ p' i a ~ 4 BOUNDARY IS LISS THAN Â·Â·15000 THENCE S 89* 46' E 5.00 FEET; ~ -8 e.r =â€¢Pe 'fte DRI~WAY 'pa bq- b THENCE N 01Â· 36' E 34.50 FEET; /'~ â€ž48 ~ DA-ED 2 I Â£.:% W .\.1%. I THENCE N 03' 05' W 61.71 FEET; a. UNCE S 57' 31' E 334 2'To THE cOINT 02 BEGNNING. â‚¬ 1 '31/92'I Â«5 4 ch GRO + 7947.75 vER 46 (~)7947.8 ROSERT C HUTTON, PLS #24312 4,-'* , 242- *9944 4 - I 00:9.2,~#4' ~' .%'spR-7'-133:1-/ f Ec * ; -5"SPR /44Â·Â»4-i c. q* 40 *d 4Â·' Â·+-7946.6-*-4 4 -- 12Â·Â·. ..:ty 7 -- 7947 N 89'46 00", 55.70 -61+ tâ‚¬.03% _ 12 1 1~ ~,FOUND REBAR AND CAP L S. #9184 CORNER NO. 1 OF THE MASCOTTE LODE M.S.#586/ ~ 3.5-3-7 PARK AVE~U~ 8~~~~.~VE#1~~~~DI-&~~~~~~-~~3~~-1/9~~1~6 ' '--- -A- .,%4!225,0, - 7942.5 U. /FOUND REBAR AND CAP L.S. 37935 V * (%>946.26 IMPROVEMENT AND TOPOGRAPHIC SURVEY X FOUND REBAR AND CAP L S 984 BASiS OF BEARiNGS , PO.B. RECE'- ON #589'50 ~ 1.61 sswi + Zte 4 \ / 1 14 OF LANDS OF SALLY GOLDEN 9 02.67 4 BEING A PORTION OF THE MASCOTTE LODE U.S. M.S. NO. 5867 /Ii SITUATE IN THE NE 1/4 OF SECTION 18, T. 10 S., R 84 W., 6TH P.M. 42 *4 /1 LEGEND UnLLII_NQIE- . J 1/ SSMH - SANITARY SEWER MANHOLE AS DESCRIBED IN THE WARRANTY DEED RECORDED MAY 17, 2012 -ne w:: tes ex strg o. the surfcce ond shown on .2/* 1 EMH - ELECTRIC MANHOLE this drow:/ hcve seen loccle' by fled survey 1./ r \ INV. INVERT IN DEED RECEPTION NO. 589150, PITKIN COUNTY RECORDER'S OFFICE 44 / 3 GAO - GROUND ELEVATON 48 undergrcund utÂ·liues srown on this drowing ore WV -- WATER VALVE ASSESSOR PARCEL #2737-181-00211 lorn -ecords of the *Nous utility comp,ies ond le g 4â€¢ 25 .0 suneyor does 101 ossurre responslumty for thel LINE BEARING DISTANCE -1 04 lo] - GAS METER compieteness, :Id,coted locotion. or size. Recoro 0# / 4 7944 29 P - FINISHED FLOOR utility Locotion should be confified by exposing L 1 5.00' 41, / E. -T & E- - TELEPHONE & ELECTRICAL (UNDERGROUND) LINE (325 PARK AVENUE) the WAy ly -G - GAS LINE 7943.72 - WATER UNE CITY OF ASPEN PITKIN COUNTY COLORADO SCALE: 1" = 10' DATE: JULY, 2012 -SS- SANITARY SEWER LiNE 49 4 - STREET LAMP (ELECTROLIER) 9 7944.5 -u- - UNDERGROUND PAVE EP - EDGE OF ASPHALT PAVING JP - JOINT UnLITY POLE (CUT Cry) ROBERT C. HUTTON SEPTEMBER, 2015 EC - EDGE OF CONCRET E PAVING EV - ELECTRIC METER PROFESSIONAL LAND SURVEYOR ACCORD MC ?0 COLORADO LAW YOU MU. CC~ENCE ANY l.AL Â«TION BASED JPA ANY DEFECT 1.4 TH S SURVE. --I - WOOD rENCE LINE 725 CEMETERY LANE Â¥~lp,IN -HREE YEARS AFTER 91 FIRST DISCOVER # CY. ;,. NO EVENT. MAÂ¥ ANY A,CmON gASED ,POW ANY * ce BOULDER/ROCK RETENT,ON WALL ASPEN, COLORADO 81611 DEFECT N .1...VE' 0. COMMENCED MOR. THAN TEN -RS â€¢Ro~ ./ OATE ~ -HE CERTÂ¢:CAÂ¥i~. SHO# HERE.. 10 8,_7 VO'.JiMEN- 195= BRASS DISC CORNER M S 3905 AM <pER 66 PLATS 5)/ (970) 544-9952 SHEET 32 2 8# 218-~5 2Â·84,0 DAG ' Â¥IVJS LAWOFFICES OF OATES, KNEZEVICH, GAR-DENSWARTZ, KELLY & MORROW, P.C. PROCESSIONAI CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN COLORADO 81611 Â·#UN OKGKIAW COM LEONARD M OATES TELEPIÂ·IONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D GARDENSWARTZ DIRECT (970) 544- 1853 [)AVID B KELLY MARIA MORROW OF COUNSEL smo@okulaw cori STEPHEN R CONNOR ANNE MARIE McPHEE SARAH M OATES STEPHANIE M HOLDER October 13,2015 ATTORNEY'S TITLE CERTIFICATE By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado, Attorney Registration No. 41647, hereby certifies the following: 1. The current record owner of the real property described below is Sallie Golden ("Golden"): A portion of Mascotte Lode M.S. #5867 in the NW 1/4 of the NE 1/4, Section 18, Township 10 South, Range 84 West of the 6th P.M., City of Aspen, Colorado, more fully described as follows: Beginning at a point on the South end line of said Mascotte Claim from whence Corner No. 1 of the Mascotte bears N 89Â°46' W 127.9 feet; Thence S 89Â°46' E 5.00 feet; Thence N 01Â°36' E 34.50 feet; Thence N 03Â°05' W 61.71 feet; Thence S 38Â°00 W 82.86 feet; Thence S 57Â°31' E 57.34 feet to the point of beginning. also known by street and number as: 325 Park Avenue, Aspen, Colorado 81611 2. Golden obtained title to the subject property via a General Warranty Deed in dated May 15, 2012 from the Joan Ball Lane ("Lane"); 3. Golden has paid all real property taxes since 2012 when the subject property was conveyed to her by Lane: 4. The subject property is located in the City of Aspen, Pitkin County. Colorado. OA-nix, KNEZEVEH. GARDENSWARTZ & KELLY P.C. Sallie Golden - 325 Park Avenue, Aspen, Colorado 81611 Attorney's Title Certificate October 13,2015 Page 2 Sincerely, Â«234 Sarah M. Oates ~ TITLE COMPANY rl 1111' of the rockies 132 W. Alain Street, Suite B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www. titlecorockies.com Sallie Golden 1610 Homestake Dr. Aspen, CO 81611 October 18,2012 Commitment No.: 0703352-C4 Buyer's Name(s): Sallie Golden Seller's Name(s): Joan Ball Lane Property: 325 Park Ave., Aspen, CO 81611 a portion of the Mascotte Lode MS 5867; Sec 18-10--84, Pitkin County, Colorado Dear Customer: Enclosed please find your Owner's Policy of Title Insurance Number OP-6-2399151, issued by The Title Company of the Rockies, as authorized agent for Westcor Land Title Insurance Company. You should retain this policy for safe-keeping, as it represents an important part of your evidence of title to the above captioned property. We would suggest you keep it with any other valuable documents you have concerning your real estate. We appreciate the opportunity to participate with you in this transaction. Should you have any other need for real estate title or escrow services in the future, such as refinancing or second mortgage financing, please do not hesitate to give its a call. Your relationship with us through this transaction may entitle you to substantial savings on the various title insurance products we can offer. If you have any other questions or concerns, please feel free to contact me at the telephone number shown above, and thank you again for using The Title Company of the Rockies. With best regards, S.En HaES Susan Hass Escrow Officer Enclosure: as stated Service Be,ond Expectationin Colorado for: Eagle, Garfield, Grand, Pitkin an d Summit Counlies. ( Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek. Basall, Breckenridge,Granby.and Winter Park. (C[osing Services avaitable in Aspen and Glenwood Springs) POLICY NO. OP-6-2399151 ~Ak wESTCOR ~ LAND TITLE INSURANCE COMPANY ALTA OWNER'S POLICY (6-17-06) ISSUED BY VVESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPRONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND rrITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the edent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (VM) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, Issued By: Title Company of the Rockies WESTCOR LAND TITLE INSURANCE COMPANY 04*F~ By: &**1 0 tA~(4/1 Land r.tle )11 ~President Re In.Ince 0 F~Attest: ~ Secretary 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re- of this policy, and the Company will not pay loss or damage, cords at Date of Policy, but Known to the Insured costs, attorneys' fees, or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by 1. (a) Any law, ordinance, permit, or governmental regulation the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (ii) the character, dimensions, or location of any improve- (however, this does not modify or limit the coverage ment erected on the Land: provided under Covered Risk 9 and 10); or (iii) the subdivision of land; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the (iv) environmental protection; or the effect of any Title. violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or 4. Any claim, by reason of the operation of federal bankruptcy, limit the coverage provided under Covered Risk 5. state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered (a) a fraudulent conveyance or fraudulent transfer; or Risk 6. (b) a preferential transfer for any reason not stated in Covered 2. Rights of eminent domain. This Exclusion does not modify or Risk 9 of this policy. limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects, liens, encumbrances, adverse claims, or other matters imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed (a) created, suffered, assumed, or agreed to by the Insured or other instrument of transfer in the Public Records that vests Claimant; Title as shown in Schedule A. OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) CONDITIONS 1. DEFINITION OF TERMS located. (i) "Title": The estate or interest described in Schedule A. The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as 0) "Unmarketable Title": Title affected by an alleged or may be increased or decreased by endorsement to this policy, apparent matter that would permit a prospective purchaser or increased by Section 8(b), or decreased by Sections 10 and 11 of lessee of the Title or lender on the Title to be released from these Conditions. the obligation to purchase, lease, or lend if there is a (b) "Date of Policy": The date designated as "Date of Policy" in contractual condition requiring the delivery of marketable Schedule A. title. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. 2. CONTINUATION OF INSURANCE (d) "Insured": The Insured named in Schedule A. (i) The coverage of this policy shall continue in force as of Date of The term "Insured" also includes Policy in favor of an Insured, but only so long as the Insured (A) successors to the Title of the Insured by operation of retains an estate or interest in the Land, or holds an obligation law as distinguished from purchase, including heirs, secured by a purchase money Mortgage given by a purchaser devisees, survivors, personal representatives, or next of from the Insured, or only so long as the Insured shall have kin; liability by reason of warranties in any transfer or conveyance of (B) successors to an Insured by dissolution, merger, con- the Title. This policy shall not continue in force in favor of any solidation, distribution, or reorganization; purchaser from the Insured of either (i) an estate or interest in the (C) successors to an Insured by its conversion to another Land, or (ii) an obligation secured by a purchase money kind of Entity; (D) a grantee of an Insured under a deed delivered without Mortgage given to the Insured. payment of actual valuable consideration conveying 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED the Title CLAIMANT (1) if the stock, shares, memberships, or other equity . interests of the grantee are wholly-owned by the rhe Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- named Insured, (2) if the grantee wholly owns the named Insured, lions, (ii) in case Knowledge shall come to an Insured hereunder (3) if the grantee is wholly-owned by an affiliated of any claim of title or interest that is adverse to the Title, as Entity of the named Insured, provided the affiliated insured, and that might cause loss or damage for which the Entity and the named Insured are both wholly-- Company may be liable by virtue of this policy, or (iii) if the owned by the same person or Entity, or Title, as insured, is rejected as Unmarketable Title. If the (4) if the grantee is a trustee or beneficiary of a trust Company is prejudiced by the failure of the Insured Claimant to created by a written instrument established by the provide prompt notice, the Company's liability to the Insured Insured named in Schedule A for estate planning Claimant under the policy shall be reduced to the extent of the purposes. prejudice. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company 4. PROOF OF LOSS would have had against any predecessor Insured. In the event the Company is unable to determine the amount of (e) "Insured Claimant": An Insured claiming loss or damage. loss or damage, the Company may, at its option, require as a (f) "Knowledge" or "Known": Actual knowledge, not constructive condition of payment that the Insured Claimant furnish a signed knowledge or notice that may be imputed to an Insured by proof of loss. The proof of loss must describe the defect, lien, reason of the Public Records or any other records that impart encumbrance, or other matter insured against by this policy that constructive notice of matters affecting the Title. constitutes the basis of loss or damage and shall state, to the (g)"Land " .I, he land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" extent possible, the basis of calculating the amount of the loss or does not include any property beyond the lines of the area damage. described in Schedule A, nor any right, title, interest, estate, or 5. DEFENSE AND PROSECUTION OF ACTIONS easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu_ own cost and without unreasonable delay, shall provide for the rity instrument, including one evidenced by electronic means defense of an Insured in litigation in which any third party asserts authorized by law. a claim covered by this policy adverse to the Insured. This "Public Records": Records established under state statutes at Date of obligation is limited to only those stated causes of action alleging Policy for the purpose of imparting constructive notice of matters matters insured against by this policy. The Company shall have relating to real property to purchasers for value and without the right to select counsel of its choice (subject to the right of the Knowledge. With respect to Covered Risk 5(d), "Public Records" Insured to object for reasonable cause) to represent the Insured as shall also include environmental protection lions filed in the records to those stated causes of action. It shall not be liable for and will of the clerk of the United States District Court for the district where not pay the fees of any other counsel. The Company will not pay the Land is any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) (a) The Company shall have the right, in addition to the options (a) To Pay or Tender Payment of the Amount of Insurance. contained in Section 7 of these Conditions, at its own cost, to To pay or tender payment of the Amount of Insurance under this institute and prosecute any action or proceeding or to do any policy together with any costs, attorneys' fees, and expenses incurred other act that in its opinion may be necessary or desirable to by the Insured Claimant that were authorized by the Company up to establish the Title, as insured, or to prevent or reduce loss or the time of payment or tender of payment and that the Company is damage to the Insured. The Company may take any appropriate obligated to pay. action under the terms of this policy, whether or not it shall be Upon the exercise by the Company of this option, all liability and liable to the Insured. The exercise of these rights shall not be an obligations of the Company to the Insured under this policy, other admission of liability or waiver of any provision of this policy. If than to make the payment required in this subsection, shall terminate, the Company exercises its rights under this subsection, it must do including any liability or obligation to defend, prosecute, or continue so diligently. any litigation. (b) Whenever the Company brings an action or asserts a defense as (b) To Pay or Otherwise Settle With Parties Other Than the Insured required or permitted by this policy, the Company may pursue the or With the Insured Claimant. litigation to a final determination by a court of competent (i) To pay or otherwise settle with other parties for or in the name jurisdiction, and it expressly reserves the right, in its sole dis- of an Insured Claimant any claim insured against under this cretion, to appeal any adverse judgment or order. policy. In addition, the Company will pay any costs, 6. DUTY OF INSURED CLAIMANT TO COOPERATE attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time (a) In all cases where this policy permits or requires the Company to of payment and that the Company is obligated to pay; or prosecute or provide for the defense of any action or proceeding and any appeal s, the Insured shall secure to the Company the right to so (ii) To pay or otherwise settle with the Insured Claimant the loss prosecute or provide defense in the action or proceeding, including or damage provided for under this policy, together with any the right to use, at its option, the name of the Insured for this costs, attorneys' fees, and expenses incurred by the Insured purpose. Whenever requested by the Company, the Insured, at the Claimant that were authorized by the Company up to the time Company's expense, shall give the Company all reasonable aid (i) in of payment and that the Company is obligated to pay. securing evidence, obtaining witnesses, prosecuting or defending the Upon the exercise by the Company of either of the options provided action or proceeding, or effecting settlement, and (ii) in any other for in subsections (b)(i) or (ii), the Company's obligations to the lawful act that in the opinion of the Company may be necessary or Insured under this policy for the claimed loss or damage, other than desirable to establish the Title or any other matter as insured. If the the payments required to be made, shall terminate, including any Company is prejudiced by the failure of the Insured to furnish the liability or obligation to defend, prosecute, or continue any litigation. required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation 8. DETERMINATION AND EXTENT OF LIABILITY to defend, prosecute, or continue any litigation, with regard to the This policy is a contract of indemnity against actual monetary loss or matter or matters requiring such cooperation, damage sustained or incurred by the Insured Claimant who has (b) The Company may reasonably require the Insured Clai mant to submit suffered loss or damage by reason of matters insured against by this to examination under oath by any authorized representative of the Policy. Company and to produce for examination, inspection, and copying, (a) The extent of liability of the Company for loss or damage linder at such reasonable times and places as may be designated by the this policy shall not exceed the lesser of authorized representative of the Company, all records, in whatever (i) the Amount of Insurance; or medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by bearing a date before or after Date of Policy, that reasonably pertain this policy. to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its (b) If the Company pursues its rights under Section 5 of these permission, in writing, for any authorized representative of the Conditions and is unsuccessful in establishing the Title, as Company to examine, inspect, and copy all of these records in the insured, custody or control of a third party that reasonably pertain to the loss (i) the Amount of Insurance shall be increased by 10%, and or damage. All information designated as confidential by the Insured (ii) the Insured Claimant shall have the right to have the loss or Claimant provided to the Company pursuant to this Section shall not damage determined either as of the date the claim was made be disclosed to others unless, in the reasonable judgment of the by the Insured Claimant or as of the date it is settled and paid. Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, (c) In addition to the extent of liability under (a) and (b), the Com- produce any reasonably requested information, or grant permission pany will also pay those costs, attorneys' fees, and expenses to secure reasonably necessary information from third parties as incurred in accordance with Sections 5 and 7 of these Condi- tions. required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this 9. LIMITATION OF LIABILITY policy as to that claim. (a) If the Company establishes the Title, or removes the alleged 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; defect, lien, or encumbrance, or cures the lack of a right of access to TERMINATION OF LIABILITY or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent In case of a claim under this policy, the Company shall have the following additional options: OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) manner by any method, including litigation and the controversies of other pursons. Arbitrable matters may include, but completion of any appeals, it shall have fully performed its are not limited to, any controversy or claim between the Company obligations with respect to that matter and shall not be liable and the Insured arising out of or relating to this policy, any service in for any loss or damage caused to the Insured. connection with its issuance or the breach of a policy provision, or to (b) In the event of any litigation, including litigation by the Com_ any other controversy or claim arising out of the transaction giving pany or with the Company's consent, the Company shall have rise to this policy. All arbitrable niatters when the Amount of no liability for loss or damage until there has been a final deter- Insurance is $2,000,000 or less shall be arbitrated at the option of mination by a court of competent jurisdiction, and disposition either the Company or the Insured. All arbitrable matters when the of all appeals, adverse to the Title, as insured. Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. (c) The Company shall not be liable for loss or damage to the Arbitration pursuant to this policy and under the Rules shall be Insured for liability voluntarily assumed by the Insured in set- binding upon the parties. Judgment upon the award rendered by the tling any claim or suit without the prior written consent of the Arbitrator(s) may be entered in any court of competent jurisdiction. Company. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 10. REDUCTION OF INSURANCE; REDUCTION OR ENTIRE CONTRACT TERMINATION OF LIABILITY (a) This policy together with all endorsements, if any, attached to it All payments under this policy, except payments made for costs. ' by the Company is the entire policy and contract between the attorneys' fees, and expenses, shall reduce the Amount of Insured and the Company. In interpreting any provision of this Insurance by the amount of the payment. policy, this policy shall be construed as a whole. 11. LIABILITY NONCUMULATIVE (b) Any claim of loss or damage that arises out of the status of the The Amount of Insurance shall be reduced by any amount the Title or by any action asserting such claim shall be restricted to Company pays under any policy insuring a Mortgage to which this policy. exception is taken in Schedule B or to which the Insured has (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly agreed, assumed, or taken subject, or which is executed by an incorporated by Schedule A of this policy. Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Insured under this policy. Except as the endorsement expressly states, it does not (i) modify 12. PAYMENT OF LOSS any of the terms and provisions of the policy, (ii) modify any When liability and the extent of loss or damage have been prior endorsement, (iii) extend the Date of Policy, or (iv) increase definitely fixed in accordance with these Conditions, the payment the Amount of Insurance. shall be made within 30 days. 16. SEVERABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR In the event any provision of this policy, in whole or in part, is held SETTLEMENT invalid or unenforceable under applicable law, the policy shall be (a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy, it shall be subrogated and entitled to the but all other provisions shall remain in full force and effect. rights of the Insured Claimant in the Title and all other rights 17. CHOICE OF LAW; FORUM and remedies in respect to the claim that the Insured Claimant (a) Choice of Law: The Insured acknowledges the Company has has against any person or property, to the extent of the amount underwritten the risks covered by this policy and determined the of any loss, costs, attorneys' fees, and expenses paid by the premium charged therefor in reliance upon the law affecting Company. If requested by the Company, the Insured Claimant interests in real property and applicable to the interpretation, shall execute documents to evidence the transfer to the Com- rights, remedies, or enforcement of policies of title insurance of pany of these rights and remedies. The Insured Claimant shall the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the permit the Company to sue, compromise, or settle in the name jurisdiction where the Land is located to determine the validity of of the Insured Claimant and to use the name of the Insured claims against the Title that are adverse to the Insured and to Claimant in any transaction or litigation involving these rights interpret and enforce the terms of this policy. In neither case shall and remedies. the court or arbitrator apply its conflicts of law principles to If a payment on account of a claim does not fully cover the loss of determine the applicable law. the Insured Claimant, the Company shall defer the exercise of its (b) Choice of Forum: Any litigation or other proceeding brought by right to recover until after the Insured Claimant shall have the Insured against the Company must be filed only in a state or recovered its loss. federal court within the United States of America or its territories (b) The Company's right of subrogation includes the rights of the having appropriate jurisdiction. Insured to indemnities, guaranties, other policies of insurance, 18. NOTICES, WHERE SENT or bonds, notwithstanding any terms or conditions contained Any notice of claim and any other notice or statement in writing in those instruments that address subrogation rights. required to be given to the Company under this policy must be given 14. ARBITRATION to the Company at: Westcor Land Title Insurance Company, Attn.: Either the Company or the Insured may demand that the claim or Claims, 201 N. New York Ave., Ste. 200, Winter Park, Florida controversy shall be submitted to arbitration pursuant to the Title 32789. Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) Owner's Policy - Schedule B Order No.: 0703352-0 Policy No.: OP-6-239915 j OWNER'S POLICY OF TITLE INSURANCE issued by rn TITLE COMPANY 'rl'11'V of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY SCHEDULE A Order No.: 0703352-O Policy Number: OP-6-2399151 Amount of Insurance: $650,000.00 Premium: $1,623.00 Date of Policy: May 17,2012 1. Name of Insured: Sallie Golden 2. The estate or interest in the Land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the Land is vested in: Sallie Golden 4. The Land referred to in this policy is located in the County of Pitkin,State of Colorado,and described as follows: A portion of the Mascotte Lode M.S. #5867 in the NW 1/4 of the NE1/4, Section 18, Township 10 South, Range 84 West of the 6th P.M., City of Aspen, Colorado, more fully described as follows: Beginning at a point on the South end line of said Mascotte Claim from whence Corner No. 1 of the Mascotte bears N 89Â°46' W 127.9 feet; Thence S 89Â°46' E 5.00 feet; Thence N 01Â°36' E 34.50 feet; Thence N 03Â°05' W 61.71 feet; Thence S 38Â°00' W 82.86 feet; Thence S 57Â°31' E 5734 feet to the point of beginning. Countersigned: A...1.,1610.1-3 Authorized Officer of Agent Page 1 of 2 OP-6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) Owner's Policy - Schedule B (continued) Order No.: 0703352-0 Policy No.: OP-6-2399151 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Any and all unpaid taxes, assessments and unredeemed tax sales. 2. 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 May 20,1949, in Book 175 at Page 170. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 20,1949, in Book 175 at Page 170. 4. Deed of Trust from Sallie Golden to the Public Trustee of the County of Pitkin for the use of Wells Fargo Bank, N.A. to secure $417,000.00, dated May 15,2012 and recorded May 17,2012 at Reception No. 589151. Page 2 of 2 325 Park Avenue Vicinity Map .irilii#&.f./EFa/025;re' C_Â¢AÂ° RANOâ‚¬ 4 W /trakfik e Â¢>imA;fert/F SP* m..,=1 - d~ 0 4 '01 2 *4<EMBA 1 + R-15 C, .9,0 - -Â· 4544 --3 59.t)6?*A# \ i/i . - 9 2-- - 6 I te#- 4#Â«99 +0 U / 0.* P #42 -4 A .. + 32 PARKAVENUE x~ ~6 6--7. \2Mte, 4 44/ L *y '4Â°ked.1 1. b-e U.6Â¥8. 439 8424...';- ------/. 00 *i:*AC -D P 37'- ARK,>2'â€ž. $ 09 6# e 92 n . -= 4 60 r-- ps .3Â¥'Mal k .'# 4Â£Â£27iW . h , e a=,e- 16 4,4// 0'~-90)?e,2Zhs: 1 - --- hÂ©j 4 , --01 2 1-1 ggth. .---- ' Ti *su- 2:26 4- - fi -4% 9 -1 d 0 01 & 4- Gikf rÂ·~FS.>'e 203*9~ ~Â£49,2~wr'15 9 2. 0 'u <2 4Â·,f, ,> , 1-,low#ampt; 2 0 : co QU X 9 /4, R I 5 4Â©tal #' - 23,0-3 f~ A 2/ g /70*4 0 ou *22? 1 -7 .., MCI e 4: 4 7, ;2 r.4 111,3-.A,4'4 a I . % 0 r.-22". 4 . 0, -ki r.0 i.dr. ./ 11 ..' E & 7 /zi-#G =-21 ~to **irf~ ket _ - 6 -- . 4 C r ..'.V. --r... -ASPEN GROVE MD 4: ir-% 4%Â£21, 809 %6**IB - â€¢ Cio 0 121 <143,2Mt 12~ 11 -tef 44018ljt,8 (0.54 li~tift#~r , 61, .#*1974- - P Imr n (lj fl _ '3 >3:,â‚¬1Â£' *221 - aÂ·~ A #33 j, APPâ€¢ & Iâ€¢& IM.,.:,6*2 f Ml *p ef /3-4,741 1=tfc.bo.a 1 > 7/KV 4,~61"5%0/Â£._f'~~ <&&Al,~A ..f **Li.-(WES'rvIEWOR ,_ F.. A $ .U I *61 4. 6--121 * 99*4 .Â»-*~21 -F.... + + ,Â» 1... \%? 26 - d c. e ,/~16 1 w- . tout, 35 ROAR(NG FORK OR (*)Nok i I. .4. ,*Un =0 6 u*ez~ U~ acu . Ma,cÂ·-edit,ArctyS Â· CaÂ¥gy. (C} 1992,2013 [SRI hc. 2~7 -EY'~322ft Scale Bo gN'lfll AA 333 MIDLAND AVF 1 1 I-* e 329 1 327 f ' ....M-- 7 325 Park Avenue - 356Â» r-n a h 326 Â« < ~ . 1* 1 U - 91 12: I I - 317 1 322 4 9 - 315 * t,* tmrrmT77-777.-- 34Â£: i~ '3 316 t- .._11 3 L Fec / 0 m 7 11 -4 21 311 j % 320 310 1 1 6 311 308 309 2/ ---- LLEY 4 ~./. ** 303 . 9 302 1 11 1 0 12 1 13 305 â€¢5 E HOPKINS 10 1 312 AVE 1 2 f 031 i x - -- 1 - )1 7 * 3 1- 271 - 11G9 4 1 I ' 1203 1 T - 1 41- -I ili C] 1! * 1207 ~~ Nelihborhood Block Plan ~ , 3 j ; 1211 f - 1215~~ Seal* 1" = 50 ft C. . 1 - C --7 * 1. -44 North Â· .9,4 1 i A .1 1 t, . it Flit M 0-7,4 2 â€ž r -4 e n 6 f M w 1,3 f."'L I R D[NE>ilim ') ./.9.' . A. 1. fÂ·â€¢ 1-2 . -0..$.1.- .1, 1. 6 E~, 5; 11 2'VS' 9,.~I Â· 6 #; I, 18 0.- ,< a :., , ....'. 2 521:.14=a COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees 023-20(5-AS(,4 2 0 .fli An agreement between the City of Aspen ('City") and 1 - u. '-r Property Sallie Golden Phone No.: (970) 274-0094 2 '* r-n ... Owner ("1"): Email: *19 Z ffi Address of 325 Park Ave Billing 325 Park Ave Â·r:. Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the 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. 0 Select Dept 0 Select Dept $ flat fee for . $ flat fee for 0 Select Dept 650 Flat Fee 4 (RDS, Mir $ 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. 1 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 non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ ~ deposit for I hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owner:1 Stll, e. (4006.1 , Chris Bendon 4 , 9 1 1 Community Development Director Namet...) 1.1-Aj. A x:A>,<--4.1.~,-----~'~ City Use: 650 Title: O W Â¥ueN- Fees Due: $ Received: $ January 2015 City of Aspen I 130 S. Galena St. I (970) 920-5090 10 9401,1 1-W/1 DUU' A L),ANT F" 2:S I 'Â·.4. g'Â·' 0 1. 9 Eli lili 5086Â·2015Â· AS_ q CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 12/20/2012 PROJECI 325 Park Avenue Updated: 2/12/2013 OWNER: Sallie Golden Updated: 9/15/2015 REQUEST. Residential Design Standard (RDS) Variance DESCRIPTION: The applicant requests administrative residential design variances for an addition to an existing home at 325 Park Avenue. The variance requests relate to garage placement and Section 26.410.040.C.2.b, which requires that garages accessed from a public road must be recessed at least 10' behind the front most portion of living area along that fagade; and garage width, Section 26.410.040.C.2.a, which requires that the width of the living area on the first floor be at least 5' greater than the width of the garage. Staff will accept an application for administrative review. The following two criteria are used in determining the appropriateness of a variance: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. If staff cannot support administrative approval, application can be made to the Planning and Zoning Commission. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Departments/Communitv-DevelopmenUPIannina-and-Zoning/ Applications-and-Fees/ Below is Land Use Code: http://www,aspenpitkin.com/Departments/Communitv-DevelopmenUPIanning-and-Zoning/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): ~LY 26.306 Common Development Revie\/71'trÂ®(hÂ®ras 26.41O Residential Design Standards SEP 2 4 2015 Review by: Community Development for determination. W."F 325 Park Avenue Residential Design Standards Variance Public Hearing: Not required Planning Fees: $650 flat fee for two (2) hours of work. If the application is required to go to the Planning and Zoning Commission for review, all time beyond two (2) hours of work will be billed at $325 an hour. To apply, submit the following information: [3 Completed Land Use Application and signed fee agreement. m Pre-application Conference Summary. m Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. m Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. m Total deposit for review of the application. m A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Â¤ 2 Copies of the complete application packet and associated drawings (existing and proposed) m An 8 1/2" by 11" vicinity map locating the parcel within the City ofAspen. 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. RECEIVED SEP 2 49' Â· r.Â· D W. 14 CITY OF Aar u. COMMIINITY DE v G 6:'MEL 26 #k ATTACHMENT 2 -LAND USE APPLICATION Â«9 0. PROJECT: .01f Nanne: Sall:â‚¬ 40'de-- , -lk,AN,LE House ADD ITI OAJ 'uk Location: 326 PARK AVE. ASPEN, (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737181 ooan 0026'9Â®l546\A APPLICANT: Name: SALLIE G, ecpad Address: 325 PAA< Ava. ASPEN Co St 6 1 1 Phone #: (470) 279-00?9 REPRESENTATIVE: Name: FL40% f Tâ‚¬WA/2-7- -5~â‚¬VE-A-9 (fgM Agc,Â·1 ,Â·reerl-~ Address: 15 kEAWNS RD. STE D: Spowâ€¢LASS 70 60% 67Â£02- 5Mt/' Phone #: (179 1,7 - 2707 TYPE OF APPLICATION: (please check all that apply): 1 GMQS Exemption U Conceptual PUD ~ Temporary Use Â£ GMQS Allotment Â£ Final PUD (& PUD Amendment) U Text/Map Amendment D Special Review ~ Subdivision U Conceptual SPA U ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA ~ Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane El Commercial Design Review U Lot Split El Small Lodge Conversion/ Expansion ~'~ Residential Design Variance U Lot Line Adjustment U Other: Â£ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 6%|54'7 +wÂ° -54-or-y s.."01Â¢ fa.i; A.j rci,24"cc , b.,; 1+ MS I Â· te,â€¢ 8â‚¬ne.- , 104- , 44.1 JeteÂ«cks Are *trian)12 - S k *Lp â‚¬~ . PROPOSAL: (description ofproposed buildings, uses, modifications, ete.) 'Propo 5â‚¬. +0 48@ 9/.9/e eÂ«r 2 4+14.cheâ€¢' flar,u~., a./ e.O +14 v \0Â¢9,00-, k)~ *414<*41 #fl fact +0 erts+,43 trt'de'teâ‚¬ 2 foo'Uoj-,â€¢â€¢, , 4.J 3+ruc+UrL . Hay you attached the following? FEES DUE: $ 65 0 [2' Pre-Application Conference Summary [2Attachment #1, Signed Fee Agreement [2'llesponse to Attachment #3, Dimensional Requirements Form [20'Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 19 14.5, c Hous â‚¬ Adj,+,on Applicant: 5.,a\;e Cholden Location: 385 :pa,4 Avt. Asf,4 Zone District: R- 6. Lot Size: 23â€¢90 SP Lot Area: 062 9 sp (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.) Commercial net leasable: Existing: 0 Proposed: 0 Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: Proposed. 2 (61 ne w , 1 .4.,Â©:~ Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing:l 115.%Allowable: 2099Â·2 Proposed: 2099 Principal bldg. height: Existing: 15 Allowable: 25 Proposed: 61 4 '3'/2" Access. bldg. height: Existing: n ~ * Allowable: t ~ Ck Proposed: n ~ c.- On-Site parking: Existing: n 14 Required: A ~ a. Proposed: vt < A % Site coverage: Existing. 14 ~ A Required: A ~ A Proposed: n 16 % Open Space: Existing: n 1 4 Required: Al A Proposed: ~ IA Front Setback: Existing. \ O ' Required: 1 0 Proposed: | 0 Rear Setback: Existing: 8 Required: lo ~5 Proposed: 10 ~ 6 Combined F/R: Existing: 1 % Required: 20 ~ \ S Proposed: 20 ~\ 5- Side Setback: Existing.- 90 ~ Required. 5 proposed: 5 Side Setback: Existing: 5 Required: 5 Proposed: 5 Combined Sides: Existing: 9.9 Required. 1 0 Proposed: 1 0 Distance Between Existing n ~ 4 Required: 5 Proposed: n ~ Buildings Existing non-conformities or encroachments: ExisÂ¥ hâ€¢03â‚¬ eMCraci kÂ£3 o. râ€¢Ar a,J Side Wa,@ Set back.5 variations requested: 20Â·410.040 -C Â· J Â· 6 5~.ro'.~â‚¬ Mvj k bi râ‚¬-eusâ‚¬cl ln' lock.43 +1Â« tfro4 4 h106+ fortive Of 1â€žr,1, Aria 41Â°43 4hot- f#cue .