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HomeMy WebLinkAboutLand Use Case.553 Race Alley.0086.2017.ASLU0086.2017.ASLU 553 RACE ALLEY RDS / 1 Plo #273707392004 \i r- ~ 0£• A AttA q,9 -, PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0086.2017.ASLU PROJECT ADDRESS 553 RACE ALLEY PARCEL ID 273707392004 PLANNER JUSTIN BARKER CASE DESCRIPTION RDS - RESITENTIAL DESIGN STANDARDS REPRESENTATIVE THUNDERBOWL ARCHITECTS DATE OF FINAL ACTION 10/30/2017 CLOSED BY ANGIE SCOREY 1.4.18 ¤ Permits 00 (24:' 0 0 · AS bul - EX J -/42-$4/.Of/al./.**p>-t„ · .*frp: -i?~m,gp!•~··,·· h..1.=.. =1 ..•-•.?z2%1:c:FA- ..:.... 4 ... rfile Edit - Record Navigate Form Reports Format Iab Help 9~ li~ .....··r 14'i: *%-7-, -6411*~Alll/*: ILb®94~8-]ill 1 B Di5~9hlumpl_*,0ifOI®~ i 9 6 @j Ci Clear *~ 0 * zt~ «A#- 4,1. : £1 91 31 53 M o ,@i// 9 [b §2 42 4, U] ..~ain~ Custom Fields Routing Status | Fee SummarL | Ac~ons 1 Routing History | Il'......f//.=$ 7&'E-I?. 7...A5~~~~ - -.. -- D % ~7-- , I ./ .la 9- I. Permit t,02 asku | v ~Aspen Land Use Permit # 0086.2017.ASLU ~r ~ Address k.53 RACEALY |· Apt/5uite =-'.il -I :8 -4 .Ky 4...... ~ . City ASPEN -·.,*IkhE~---. State CO I v Zip 81611 5/ 1~-Wil/£/U&'Wdillillillillillilillill 8_ *permit Infbrrnation -,ira;MbqMS-1/46;,Fi .1*;4©-. ,·- F , ; Master permit ~'' ~ Routing queue aslul 5 | Applied 1 0,23/2017 i - Project ··· Status pending Approved g~ 1 I Description APPLICATION FOR RDS - FOR 537 FLACE ALLEY PID# 273707392004 Issued , 2.7 6 7 0 7 3 1 ZOO * Closed,Final I * Submitted RYANAT THUNDERBOWLARCH[TECTS Clock Running Days r-i| Expires 10,18/2018 . Submitted via j v Owner = Last name CADG ASPEN HOLDINGS, Ll First name ATE>CAS, LLC 537 RACE ALY - 11 - ASPEN CO 81611 /r, Phone (970) 274-1421 Address Applicant E 0 wner is applicant? m Contractor is applicant? Last name CADGASPEN HOLDINGS, LL··· First name A TEXAS, LLC 537 RACE ALY ASPEN CO 81611 Phone (970) 274-1421 Cust # 30816 A-· Address Email Lender Last name ~··· First name V Enter the apartment or suite numbet of tm permit address - |INpeGoldS (server)_ .angela,_1~Il-of 1 ·: 62 4 I 0 5-6 610 -Efr-01 5 4 656 · tf-91 ~~~*- dt (1~ FLGC 1 ielom" 1 dnoi~) qell IL 27/50 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 9 y -5 ta ce- 41 6211 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, m.47 7 -0~06~ S (name, please print) being or reptesenting an Applicant to the tity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: 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 of notice: 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 fifteen (15) days after an Interpretation has been rendered. A copy ofthe publication is attached hereto. ui y-« 9----n,- Signatute The fgregoing "Affidavit of Notice" was acknowledged before me this / 0 day of Nog€*bAJ- , 2001, by 7417 j.-€-t, 56- C»-7 . PUBLIC NOTICE ... Of DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to the My commission expires: Al l.3 1 0-0 Land Use Code of the City of Aspen and Title 24, Ar- ticle 68, Colorado Revised Statutes, pertaining to the following described properW Parcel ID #273707392004, legally described as Lot 4, Fox Crossing Subdivision, according to the plat thereof J recorded June 20,2005 in Plat Book 74 at Page 17, Notaty Public j tful 49 £10-Gib94 - City of Aspen, Pitkin County, Colorado; commonly known as 553 Race Alley. Alternative Compliance KAREN REED PATTERSON I administrative approval was granted by the Com- munity Development Director from two Residential NOTARY PUBLIC Design Standards for the development of a single- STATE OF COLORADO family residence, approved on October 27,2017. r The change is depicted in the land use application ATTACHMENTS: NOTARY ID #199640027637 on file with the City of Aspen. For further informa- My Commission Expires Febru,3 14, 2020 I tion contact Justin Barker at the City of Aspen Com- munity Development Dept., 130 S. Galena St., As- pen, Colorado. (970) 429-2797. COPY OF THE PUBLICATION City of Aspen Published in The Aspen Times on November 9, 2017. 0000144066 DEVELOPMENT ORDER ofthe City ofAspen Community Development Department This Development Order. hereinafter 'Order", is hereby issued pursuant to Section 26.304.080, "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 application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, 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 of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. CADG Aspen Holdings. LLC. 1800 Valley View Ln #300. Farmers Branch, TX 75234 Property Owner's Name, Mailing Address Lot 4. Fox Crossing Subdivision. according to the plat thereof recorded June 20.2005 in Plat Book 74 at Page 17, City of Aspen. Pitkin County, Colorado Legal Description and Street Address of Subject Property The applicant has received approval for Alternative Compliance from two (2) Residential Design Standards for the development of a single-family residence. Written Description of the Site Specijic Plan and/or Attachment Describing Plan Alternative Compliance administrative approval by the Communitv Development Director on October 27.2017. recorded at reception no. 642666. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 9, 2017 Effective Date of Development Order (Same as date of publication of notice of approval.) November 10.2020 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 2nd day of November, 2017, by the City of Aspen Community Development Director. C 436(bht'ZAA j ~e,dsica Garroti Community Development Director NOTICE OF APPROVAL ADMINISTRATIVE APPROVAL GRANTING RESIDENTIAL DESIGN STANDARD ALTERNATIVE COMPLIANCE AT 553 RACE ALLEY, LOT 4, FOX CROSSING SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 20, 2005 IN PLAT BOOK 74 AT PAGE 17, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID 273707392004 APPLICANT: CADG Aspen Holdings. LLC 1800 Valley View Lii #300 Farmers Branch, TX 75234 REPRESENTATIVE: 1 hunderbowl Architects Inc. 300 S. Spring Street. Suite 201 Aspen, CO 81611 SUBJECT & SITE OF APPROVAL: 553 Race Alley Aspen. CO 81611 SUMMARY: 1 he subject parcel is located in the R-6 Residential Zone District, and is currently a vacant lot. The Applicant has requested Residential Design Standard (RDS) Alternative Compliance for Standards 26.410.030.B.3 Build-to Requirement (Flexible) and 26.410.030.B.4 One-story Element (Flexible). REVIEW PROCEDURE: The project has been reviewed through the City's Residential Design Standards which are intended to ensure a strong connection between residences and streets: ensure buildings provide articulation to break up bulk and mass: and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home. while serving the needs of its owner, contribute positively to the streetscape. The Residential Design Standards are intended to achieve the following objectives: 1. Connect to the Street 2. Respond to Neighboring Properties 3. Reflect Traditional Building Scale The project will be reviewed for compliance with the Flexible and Non-Flexible Standards contained within the Residential Design Standards. If the subject parcel is found to be inconsistent with any ofthe Flexible Standards, but meets the overall intent of the standard as well as the General Intent Statements listed referenced above (Section 26.410.010.A. 1- 3), Alternative Compliance may be granted by the Community Development Director. 553 Race Alley Residential Design Standard 111111111111111111111111111 lilli lilli lili'111111111111111111111111111111111 Alternative Compliance Page 1 of 3 RECEPTION#: 642666, R: $63.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 11, 10/30/2017 at 11 :48:34 AM Janice K. Vos Caudill, Pitkin County, CO ALTERNATIVE COMPLIANCE: Applicant is requesting Alternative Compliance for Standards 26.410.030.B.3 Build-to Requirement and 26.410.030.B.4 One-story Element. both of which are flexible standards. The subject parcel does not meet any o f the exemptions and must meet the intent of each standard as well as the general intent statements in Section 26.410.010.A. 1-3. in order to be granted Alternative Compliance. The intent for the Build-to Requirement states: This standard seeks to establish a con.sistem physical pattern of~ front .Rmades close to and parallel to streets in order to frame the street. The placement of buildings should respond to the street by traming street edges physically. Buildings should be located m provide a strong physical presence and integration within the streetscape, -which consists of the street itself and the buildings that surround it. This standard is most important in the Infill Area where a strong pattern Of smaller front setbacks and consistent building oriented ion exists. Designs should maximize the amount of the.front fatade that is close to the street while still providing articulation and expressing a human scale. Porches, .front .ta<ade walls, rooflines and other elements can all contribute to framing the street. The intent for the One-story Element states: This standard seeks to establish human scale building.features as perceived from the street and express lower and upper.floors on front .faccides to reduce perceived mass. Designs should utilize street-flicing architectural elements, such as porches, thal imitale those of historic Aspen residential buildings. Buildings should provide visual evidence or demarcation of the stories of a building to relate to pedestrians. This standard is important in all areas of the city. Front porches or portions of thefront- most wall of the.front.faqade should clearly express a one-story scale as perceived.from the street. Changes in material or color can also be incorporated into these elements to help m strengthen the establishment of a one-story scale. STAFF EVALUATION: In response to flexible standard 26.410.030.B.3 Build-to Requirement. staff finds that the proposed design is consistent with the neighborhood pattern. A code interpretation from April 14.2005 stated that the western lot line shall be considered the front lot line for Lots 4-7 of the Fox Crossing Subdivision. This property also contains a trail easement that extends 8 feet from the western property line. The structure immediately south of this property is located approximately 20 feet back from the west property line. The proposed design includes a front porch that is set back 20 feet from the west property line essentially in alignment 'with the structure to the south. Requiring this building to meet the standard as written would result in the structure being abnormally close to the pedestrian trail and inconsistent with the neighboring property. The 553 Race Alley Residential Design Standard Alternative Compliance Page 2 0 f 3 intent of the standard is to create a consistent physical pattern that helps frame the street or in this case the pedestrian trail. The applicant's proposed design meets the intent of the standard. particularly given the unique site conditions related to the required front yard and the trail easement. In response to flexible standard 26.410.030.B.4 One-story Element, staff finds that the proposed design meets the intent of the standard. The design could meet Option 2. Loggia, by enclosing the upper floor. However. this would create additional mass along the front f®ade, which would be particularly impactful. given the proximity to the pedestrian trail. The proposed design is a preferred alternative that provides clear expression of the upper and lower floors on the front faGade utilizing traditional architectural elements. In response to the three main objectives of the Residential Design Standards. staff finds that the subject parcel responds as follows: • Connect to the Street: The subject parcel provides a strong physical connection to the pedestrian trail with a majority of the building frontage within close proximity to the trail and an open front porch that directly connects to the trail. • Respond to Neighboring Properties: The subject parcel responds to adjacent properties through varied building elements and massing along the side faGades. The requested building placement helps the design better respond to the neighboring structure alignment. • Reflect Traditional Building Scale: The subject parcel respects Aspen's architecture and neighborhood characteristics and respects historical scale and traditions through the use of door and window sizing that respects those found in historic Aspen architecture as well as elements that clearly delineate the upper and lower floors. DECISION: The Community Development Director finds the application for a Residential Design Standard Alternative Compliance at 553 Race Alley is consistent with the intents of flexible standards 26.410.030.8.3 and 26.410.030.B.4 and thereby APPROVES the request for Alternative Compliance. APPROVED BY: r K,tayl©Otl j 04 7-3 1 20- *sida Garrow j Date ~-·dommunityle¢Velopment Director Attachments: Exhibit A - Approved Drawings (recorded) 553 Race Alley Residential Design Standard Alternative Compliance Page 3 of 3 IMPROVEMENT AND TOPOGRAPHIC SURVEY 2* 205 :fly DE CITY OF ASPEN . m - 04+ LOT 4, FOX CROSSING SUBDIVISION & VACATION PLAT, 0/ *OP° 2.-A SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ~ ~ SITE AON.=. :M 92 #'01 11©LIZ 0-- U. ----__ VICINITY MAP e:k 227 1 ----4W.L~ »1 »-47-- f , 1 00=TE 189 2707 E !2302 /4\ I.J.~2 *9 , fr ~0, M,T = 74 PAO[ 17 \ 4 \ RACE STREET 1 LOT 4 DOC) --P,1 11 , 3 . ~m- 0.138 ACRES:k ~ 0 6012* S.F. ---L~ 3 --- d E Z ~14/ #£:6</ / m 23 3 i f y z ..1% O 1*7 4 a 0 M 19-3 g '2~ . GRAPHIC SCALE W 3.r o ---PLAT =/ PA~E I , 0. I - <f 5 0 a i 489~20 00 W 12302 5 L 1-h - 10 I BASISOF.EAR"NGS> -IE ML ~ATE 37 7=2=il IM'I Wi 0=• 6 . 1 51 -.I= .7 -1 . 141 1 --O 1. 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I - ,1 0 RACE ALLEY r., 7 O ASPEN, CO 0 PARCEL ID # 273707392004 Doc V NOI1VA 313 1973 L SOUTH ELEVATION 97(), '~0 2938 ASPEN /0 81611 LE TMUNDE4O*L ARCHLTEC-1 0 099 3 ASPEN Co 816 1 11 n ¢11.elf r=======n / ILJ 1 - --- ----J 11 11 21 - F 1 1 1- u~ 7 2-4-- --- -r~~.DE 7--r-- 1 » 1 211 , 5% 6 i LU 1 -1 0,4 . 1 <0 /h NORTH ELEVATION u LU Z 00 00 U 111 4 1 CE < a 423 -0,1~ (9 LO lo A- J 13% 4 VEP -421 EEKEZZ=ZIKEEZ 46~'P De/FND ~()*4| 1- 1 *9 - -r~ -- | REE-JO~ 1 -/S'49NE5T?R ·EiEN ' /04 ' ADP 1/$ I 26 1 - ~ - 11 lili- *01 -- .impl ./ ..C. ELEVATIONS V,U 1 N 3/16·.1 0 rh WEST ELEVATION 9\./..3 *H -*-'- A-201 Scale 1/4 = 1'-0· P00Z6EZ0ZEZZ # I 1302IVd TI IE CITY OF AspEN Land Use Application Determination of Completeness Date: October 26.2017 Dear City of Aspen Land Use Review Applicant. 553 We have received your land use application for 66-9-Race Street. RDS Alternative Compliance and have reviewed it for completeness. J Your Land Use Application is complete and we have received all required submission items to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2797 if you have any questions. Thank You. 16 A- Ju¢Mn Barker. Senior Planner City of Aspen. Community Development Department For Office Use Onl> Qualifying Applications: Mineral Rights Notice Required New PD Yes No ,/' Subdivision. or PD (creating more than I additional lot) GMQS Allotments, Residential Affordable Housing Yes No J Commercial E.P.F. Lodging OCT 2 0 2017 RECEIVED CITY OF ASPEN PRE-APPLICATI0N C0NFERENCE SUMMARY CITY OF Acir 'J PLANNER: Justin Barker, 970.429.2797 DATE: October it ®17 PROJECT: 537 Race Street - RDS Alternative Compliance REPRESENTATIVE: Ryan Doremus, ryan@thunderbowlarchitects.com, 970.274.1421 DESCRIPTION: The potential applicant is interested in requesting Alternative Compliance from the Residential Design Standards for a new single-family residence located at 537 Race Streetj zoned R-6. This lot is located outside the Aspen Infill Area. The proposed project requires Alternative Compliance from one (1) standard: 1. 26.410.030.8(3) -Build-to requirement (flexible) Flexible standards may be granted uAltemative Compliance" through administrative review. Flexible Standards are standards for which additional flexibility around the specific requirements of a standard may be granted administratively. If the application is found to be inconsistent with any of the Flexible Standards, but meets the overall intent of the standard as well as the general intent statements in Section 26.410.010.A.1-3, Alternative Compliance may be granted. The Community Development Director shall approve, approve with conditions, or deny Alternative Compliance. If staff determines that the application does not meet the overall intent of a Flexible Standard, the applicant may either amend their proposal or seek a variation, pursuant to Section 26.410.020.C, "Variations". A variation requires review by the Planning and Zoning Commission at a public hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Application Land Use Code Review by: Community Development Staff Public Hearing: None Planning Fees: $650 Deposit - flat fee for administrative review Total Deposit: $650 Please submit one copy of the following to the Community Development Office: [2~ Completed Land Use Application and signed fee agreement. ASLU 537 Race Street RDS Alternative Compliance Parcel ID No. 273707392004 1 Ef Pre-application Conference Summary (this document). 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. E~ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E~" HOA Compliance form (Attached). Rf' A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. [~A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. U~lf a residential project only: Completed copy of the Residential Design Standard Checklist: http://www.aspenpitkin.com/Portals/0/docs/businessnav/BuildorRemodel/RDS%20Application%20Pac ket,pdf 0' An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 Total deposit for review of the application. m A digital copy of all application materials provided in pdf file format. 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. 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET -l Ti u. Cri-1· 01, Ast•LA i Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.citvofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to yourtype of development, it cannot possibly replicate the detail orthe scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Use Regulations. March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee iscollected by Community Development forapplications which normallytake a minimal and predictable amountof stafftime to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must be paythe sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge theirtime spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference bythe case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment includingthe deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required forthe processing of a land use application requiring a deposit. The City can provide a summary report of fees due atthe applicant's request. The applicant will be billed forthe additional costs incurred bythe City when the processing of an application bythe Community Development Department takes more time or expense than is covered bythe deposit. Any direct costs attributableto a project review shall be billed tothe applicant with no additional administrative charge. In the event the processing of an application takes lesstime than provided for bythe deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined bythe Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled asindividual cases for the purpose of billing. Upon conceptual approval all billingshall be reconciled and past due invoices shall be paid priorto the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect atthetime of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned bythe Municipal Court Judge. All payment information is public domain. All invoices shall be paid priorto issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application forthe property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. March, 2016 Citv of Aoen I 130 S. Galena St. I (9701 920 5050 1 h RETAIN FOR PERM; Tr RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 12 ~~ COG, . 247· ]St-4 OCT 2 u :017 Agreement to Pay Application rees CITY L An agreement between the City of Aspen ("City") and (Owner Consultant) COMMJNITY DL: -6. 2,6 L Property CADG ASPEN HOLDINGS, LLC Phone No.: 970.274.1421 Owner ("1"): A TEXAS LLC Email: ryan@thunderbowlarchitects.com Address of 55~r RACE ALLEY Billing 300 S. Spring St. Property: ASPEN, CO 81611 Address: suite 201 (Subject of (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that asthe property ownerthat I am responsible for payingall fees for thisdevelopment 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. $. 650 flat fee for f [ kil [Yee, . $· 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 atthistime to know the full extent ortotal 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 bythe 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 forthe 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, 1 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 stafftime. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: CADG ASPEN HOLDINGS, LLC, A TEXAS LLC Jessica Garrow, AICP Community Development Director Name: Ryan Doremus City Use: Fees Due: $ Received $ 09).00 Title: Architect March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 RETAIN FOR PERMANENT RECORD R f ; 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: sss Name: 599 RACE ALLEY 273512442002 Location: Parcel ID # (REQUIRED) APPLICANT: Name: CADG ASPEN HOLDINGS, LLC, A TEXAS LLC Address: 1700 VALLEY VIEW LANE, #300, FARMERS BRANCH, TX 75234 Phone#: 214.597.0997 REPRESENTIVATIVE: Name: RYAN DOREMUS Address: 300 S. SPRING ST. SUITE 201, ASPEN CO, 81611 Phone#: 970.274.1421 El GMQS Exemption El Conceptual PUD 1 Temporary Use £ GMQS Allotment 1-1 Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA £ ESA-8040 Greenline, Stream E-7 Subdivision Exemption (includes £ Margin, Hallam Lake Bluff, Condominiumization) £ Mountain View Plane U Final SPA (&SPA £ Commercial Design Review l Lot Split Amendment) 11 Residential Design Variance 1~1 Lot Line Adjustment 1~1 Small Lodge Conversion/ Expansion O Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) VACANT LOT LOCATED WITHIN FOX CROSSING SUBDIVISION. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Building is pushed away from 'Build-to' Line towards Race Street. This is to match the adiacent properties with similar site positioning *Trail easement also exists on "froni side. (Rears of buildings pushed towards Race Street, which is acting as the actual 'Alley' in this case,) Have you attached the following? FEES DUE: $ 650 [K] Pre-Application Conference Summary U() Attachment #1, Signed Fee Agreement Zl Response to Attachment #3, Dimensional Requirements Form Ul Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards E-7 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 if you must submit a 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM RECEIVED 553 OCT 2 0 2017 Project: -92 RACE ALLEY CITY OF ASPEN THUNDERBOWL ARCHITECTS COMMJNITY DEVELOPMENT Applicant: Location: 537 RACE ALLEY, ASPEN CO 81611 Zone District: R-6 Lot Size: 6,012 SF Lot Area: 6,012 SF (Forthe purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: O Proposed: 1 Number of bedrooms: Existing: Droposed: 4 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: 3,242.80 Proposed 3,235.55 Principal bldg. height: Existing: Allowable: 25 Proposed 24'-11" Access. Bldg. height: Existing: Allowable: Proposed On-Site parking: Existing: Required. Proposed % Site coverage: Existing: Required: O Proposed % Open Space: Existing: Required: 0 Proposed Front Setback: Existing: Required 10 Proposed 18'-8" Rear Setback: Existing: Required: 10 Proposed 5' (GARAGE) Combined F/F: Existing: Required Proposed Side Setback: Existing: Required·. 5 MIN. Proposed 5 Side Setback: Existing: Required 5 MIN. Proposed 13' -2" Combined Sides: Existing: Required 13.75 °roposed 18'-2" Distance between Bldgs. Existing: Required: Proposed Existing: Required: Proposed: Existing non-conformities or encroachments: SITE HAS A TRAIL EASEMENT ON 2 SIDES, ONE OF WHICH IS CONSIDERED THE FRONT YARD. Variations requested: Building is pushed away from 'Build-to' Line towards Race Street. This is to match the adiacent properties with similar site positioning. *Trail easement also exists on "front" side. (Rears of buildings pushed towards Race Street, which is acting as the actual 'Alley' in this case.) March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 4 - MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collected packets. All drawings must include an accurate graphic scale Type of Review App Submission Process Type (See Process Number of Required Requirements Description in Att.5) Submittal Packets (See key on page 9.) 8040 GREENLINE REVIEW 1-7, 8-10, 35 P&Z 10 8040 GREENLIN EXEMPTION 1-7, 8-10, 35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12, 35 P & Z OR ADMINISTRATIVE 2 FOR 0 ADMIN., 10 FOR (based on location) P&Z STREAM MARGIN 1-7, 8, 10, 11, 12, 35 ADMINISTRATIVE REVIEW 2 EXEMPTION HALLAM LAKE BLUFF 1-7, 13 , 14, 35 P & Z 10 REVIEW MOUNTAIN VIEW PLANE 1-7, 15, 16, 35 P&Z 10 CONDITIONAL USE 1-7, 9, 17 P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. P&Z 10 depend on nature of the Special Review Requested. SUBDIVISION 1-7, 18, 19, 20, 21, 21, 35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7, 18, 19, 20, 21, 35 Cl ITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7, 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7, 16, 24, 25, 26, 27, 35 ADMIN, OR P&Z 2 FOR ADMIN., 10 FOR P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN, OR P&Z 2 FOR ADMIN., 10 FOR DIAMETER P&Z RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z OR DRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. ADMIN., OR P&Z AND/OR 2 FOR ADMIN., 10 FOR depend on nature of the Exemption CC (BASED ON EXEMPTION P& Z, 20 FORP& Z AND CC Request. TYPE) CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7, 32, 33, 35 CONCEPTUAL -P&Z, AND 20 FOR P&Z AND CC CC FINAL -P&Z, AND CC (Submit Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7, 35 P & Z, AN D CC 20 March, 2016 Citv of Anen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS (CONTINUED) PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC 2 FOR Admin., 10 (BASED ON AMENDMENT for P & Z, 20 FOR P TYPE) & Z AND CC SPECIALLY PLANNED AREA 1-7, 35 CONCEPTUAL -P&Z, AND CC 2 FOR Admin., 20 (SPA) FINAL -P&Z, AND CC for P&Z AND CC AMENDENDMENT TO SPA 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 20 for DURATION TIME) P&Zand CC TEMPORARY USE 1-7 ADMIN OR P&Z (BASED ON 2 for Admin., 10 for DURATION TIME) City Council ACCESSORY DEWELLING 1-7,9 ADMIN OR P&Z (BASED ON IF 2 for UNIT THE PROPOSAL MEETS REVIEW Administrative STANDARDS) Review REZONING 1-7 P & Z AND CC 20 DIMENSIONAL 1-7, 34 BOARD OF ADJUSTMENT 9 REQUIREMENTS VARIANCE * Consult with a Planner about submittal requirements. ** A pre-application conference with a Plannershould be conducted priorto submittingany land use application. Please call 920-5090 to schedule a pre-application conference. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 4 - CONT'D - SUBMITTAL KEY 1. Land Use Application with Applicant's 12. Accurate elevations (in relation to mean sea Subdivision as it relates to the rest of the city name, address and telephone number, level) of the lowest floor, including basement, of and the street system in the area ofthe contained within a letter signed by the all new or substantially improved structures; a proposed subdivision. The contents of the plat applicant stating the name, address and verification and recordation of the actual shall be of sufficient detail to determine whether telephone number of the reprehensive elevation in relation to mean sea level to which the proposed subdivision will meet the design authorized to act on behalf of the applicant. any structure is constructed; a demonstration standards pursuant to Land Use Code Section that all new construction or substantial 26.480.060(3).20. Subdivision GIS data. 2. The Street address and legal description improvements will be anchored to prevent of the parcel on which development is flotation, collapse or lateral movement of any 20. A Landscape plan showing location, size proposed to occur. see survey structure to be constructed or improved, a and type of proposed landscape features. demonstration that all new construction or 3. A disclosure of ownership of the parcel on substantial improvements will be anchored to 21. A subdivision plat which meets the terms of which development is proposed to occur, prevent floatation, collapse or lateral movement this chapter, and conform tothe requirements consisting of a current certificate from a title of any structure to be constructed or improved; of this title indicating that no further subdivision insurance company, or attorney licensed to a demonstration that the structure will the may begranted forthese lots nor will additional practice in the State of Colorado, listing the lowest floor, including basement, elevated to at units be built without receipt of applicable names of all owners of the property, and all least two (2) feet above the base flood elevation, approvals pursuant to this chapter and growth mortgages, judgments, liens, easements, all as certified by a registered professional management allocation pursuant to Chapter contacts and agreements affecting the parcel, engineer or architect. 26.470. and demonstrating the owner's right to apply for the Development Application. 13. A Landscape plan that includes native 22. The precise wording of any proposed attached vegetative screening of no less than fifty (50) amendment. 4. An 8 7" X 11" vicinity map locating the percent of the development as views from the subject parcel within the City of Aspen. rear (slope) of the parcel. All vegetative 23. Site Plan or plans drawn to a scale of one screening shall be maintained in perpetuityand (13 inch equals ten (10') feet or one (1") inch 5. A site improvement survey including shall be replaced with the same or comparable equals twenty (20 ') feet, including before and topography and vegetation showing the material should it die. "after" photographs (simulations) specifying the current status of the parcel certified by a location of antennas, support structures, registered land surveyor, licensed in the State 14 Site sections drawn by registered architect, transmission buildings and/or other necessary of Colorado. (This requirement, or any part landscape architect, or engineer shall be uses, access, parking, fences, signs, lighting, thereof, may be waived by the Community submitted showing all existing and proposed site landscaped areas ad all adjacent land uses within Development Department if the project is elements, the top of slope, and pertinent on-hundred fifty (150') feet. determined not to warrant a survey.) elevations above sea level. Such plans and drawings should demonstrate compliance with the Review Standards of this 6. A site plan depicting the proposed layout 15. Proposed elevations of the development, Section. and the project's physical relationship to the including any rooftop equipment and how it will land and its surroundings. be screened. 24. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation 7. A written description of the proposal and 16. Proposed elevations of the development Administration (FAA) and the Federal a written explanation of how a proposed and how it will be screened. Communications Commission (FCC). development complies with the review standards relevant to the development 2 17. A sketch plan of the site showing existing 25. Structural Integrity Report from a application. 4 and proposed features which are relevant to the professional engineer licensed in the State of review. Colorado. 8. Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for 18. One (1) inch equals four hundred (400) feet 26. Evidence that an effort was made to locate grades over ten (10) percent. scale City Map showing the location of the an existing wireless telecommunication services proposed subdivision, all adjacent lands owned facility site including coverage/ interference 9. Proposed elevations of the development by or under option to the applicant, commonly analysis and capacity analysis and a brief known landmarks, and the zone district in which statement as to other reasons for success or no 10. A description of proposed construction the proposed subdivision and adjacent success. techniques to be used. properties are located. 28. Neighborhood block plan at 1"=50' 11. A Plan with the 100-year floodplain line 19. A plat which reflects the layout of the lots, (available from City Engineering Department) and the high water line. blocks and structures in the proposed Graphically show the front portions of all subdivision. The platshall be drawn ata scale of existing buildings on both sides of the block and one (1) equalsone hundred (100) feet or larger. their setback from the street in feet. Identify Architectural scales are not acceptable. Sheet parking and front entry for each building and size shall be twenty-four (24) inches by thirty-six locate any accessory dwelling units along the (36) inches. If necessary to place the plat on alley. Indicate whether any portion of the more than one (1) sheet, an index shall be houses immediately adjacent to the subject s included on the first sheet. A vicinity map shall parcel are one story (only one living level). also appear on the first sheet showing the (Continued on next page.) March, 2016 Citv of ADen I 130 S. Galena St. I (9701 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 28 Roof Plan. 34. Exterior Lighting Plan. Show the location, height, type and luminous intensity of each above 29. Photographic panorama. Show grade fixture. Estimate the site illumination as elevationsofall buildings on both sides of measured in foot candlesand include minimum, the block, induding present condition of the maximum, and average illumination. subject property. Label photos and mount Additionally, provide comparable examples on a presentation board. already in the community that demonstrate technique, specification, and/ or light level if they 30. A Condominium subdivision exemption exist. plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24 inches by thirty-six (36) inches with an unencumbered margin of one and one-half ( 1 M) inches on the left hand side f thesheet and one-half (1/2) inch margin around the other three (3 ) sides of the sheet pursuant to Land Use Code Section 26.480.090. 31. A description and site plan ofthe proposed development including a statement of the objectives to be achieved bythe PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, of-street parking, open space areas, infrastructure improvements, and site drainage. 32. An architectural character plan generally indicatingthe use, massing, scale and orientation of the proposed buildings. 33. A written description of the variance being requested. March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whetherthe application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case orthe agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whetheryour application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date forthe application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation bythe Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) March, 2016 Citv of Anen I 130 S. Galena St. I (970) 920 5050 i JTKIN COUNTY TITLE, INL. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766/970-925-6527 May 26,2017 RECEIVED UPS EXPRESS-AIR BILL NO: 1Z F47 A49 37 1000 064 8 OCT 2 0 2017 CITY OF ASPEN Mehrdad Moayedi COMMUNITY DEVELOPMENT c/o Dustin Warren Centurion American Development 1800 Valley View Lane, Suite 300 Farmers Branch, TX 75234 Re: FOX CROSSING/CADG ASPEN LOT 4, FOX CROSSING PCT24717 Dear Mr. Moayedi, Enclosed are copies of all closing documents for the above transaction. The original Owners Title Policy will be forwarded to you upon completion. We have assigned the above number to your records to assure prompt processing of future title needs involving this property. Ifyou sell or obtain a loan on this property within the next five years, ask your broker or agent to contact Pitkin County Title, Inc., regarding our short term rates which are available to you. Please let me know if you have any questions. We look forward to being o f continued service. Cordially, ~11 t) rid Joy Silligens Escrow JIfficer 0 Enc. I. bTATEMENT OF SETTLEMENT Buyer's Property Address: 553 RACE ALLEY ASPEN, CO 81611 Seller: FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY Purchaser: CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY Settlement Date: May 25, 2017 Date of Proration: May 25, 2017 Legal Description: LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17. File No: PCT24717W5 Description Debit Credit Contract Sales Price 1,7455000.00 SEWER 4/1-6/30 $33.05 13.44 LOAN CLOSING FEE 350.00 New loan from CGS HOLDINGS, LP A DELAWARE LIMITED PARTNERSHIP 1,200,000.00 EARNEST MONEY TO SELLER 500,000.00 County Taxes 1/1/2017 to 5/25/2017 1,752.58 Loan Origination Fee to CGS HOLDINGS, LP A DELAWARE LIMITED PART24,000.00 COMMISSION TO SOUTHPORT GROUP, LLC 6,000.00 LEGAL FEES - SHAMOUN NORMAN 13,856.25 LEGAL FEES - OATES KNEEVICH GARDENSWARTZ KELLY & MORROW 2,557.50 Settlement Fee to PITKIN COUNTY TITLE, INC. 175.00 Title Insurance to PITKIN COUNTYTITLE, INC..:2£&~ 4.1 150.00 TAX RESEARCH 20.00 PATENT ENDORSEMENT 50.00 Recording Fees 151.00 State Tax/Stamps 174.50 ASPEN TRANSFER TAX - WRETT 8,725.00 ASPEN TRANSFER TAX - HRETT 16,450.00 ASSESSMENTS 4/1-6/30 $398.01 161.83 RECORD STATEMENT OF AUTHORITY 72.00 Sub-Totals 1,817,906.52 1,701,752.58 Balance Due From Buyer 116,153.94 TOTALS 1,817,906.52 1,817,906.52 APPROVED and ACCEPTED CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By:MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager By: Mehrdad Moayedi, its manager BROKER: DOUGLAS ELLIMAN REAL ESTATE BROKER: COLDWELL BANKER MASON MORSE By: 664 32- 05/26/2017 By PITKIN COUNTY TITLE, INC. ~TATEMENT OF SEITLEMEN I Buyer's Property Address: 553 RACE ALLEY ASPEN, CO 81611 Seller: FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY Purchaser: CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY Settlement Date: May 25, 2017 Date of Proration: May 25, 2017 Legal Description: LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17. File No: PCT24717W5 Description Debit Credit Contract Sales Price 1,745,000.00 SEWER 4/1-6/30 $33.05 13.44 LOAN CLOSING FEE 350.00 New loan from CGS HOLDINGS, LP A DELAWARE LIMITED PARTNERSHIP 1,200,000.00 EARNEST MONEY TO SELLER 500,000.00 County Taxes 1/1/2017 to 5/25/2017 1,752.58 Loan Origination Fee to CGS HOLDINGS, LP A DELAWARE LIMITED PART24,000.00 COMMISSION TO SOUTHPORT GROUP, LLC 6,000.00 LEGAL FEES - SHAMOUN NORMAN 13,856.25 LEGAL FEES - OATES KNEZEVICH GARDENSWARTZ KELLY & MORROW 2,557.50 Settlement Fee to PITKIN COUNTY TITLE, INC. 175.00 Title Insurance to PITKIN COUNTY TITLE, INC. 150.00 TAX RESEARCH 20.00 PATENT ENDORSEMENT 50.00 Recording Fees 151.00 State Tax/Stamps 174.50 ASPEN TRANSFER TAX - WRETT 8,725.00 ASPEN TRANSFER TAX - HRETT 16,450.00 ASSESSMENTS 4/1-6/30 $398.01 161.83 RECORD STATEMENT OF AUTHORITY 72.00 Sub-Totals 1,817,906.52 1,701,752.58 Balance Due From Buyer 116,153.94 TOTALS 1,817,906.52 1,817,906.52 APPROVED and ACCEPTED CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By:MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager Mehrdad Moayedi, its manager BROKER: ~UGLAS ELLIMAN REAL ESTATE BROKER: COLDWELL BANKER By. ~~ - MASON MORSE b By: PITKIN COUNTY TITLE, INC. 1/ . . ml RECEPTION#: 638642, R: $23.00, D. $174.50 DOC CODE: WD Pg 1 of 3, 05/26/2017 at 12:43:11 PM Documentary Fee $ 171.00 Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED, made May 30, 2017, Between FOX CROSSING PROPERTIES LOTS 4&6 LLC, a Colorado limited liability company of the County of HARRIS, State of TEXAS, GRANTOR, AND CADG ASPEN HOLDINGS, LLC, a Texas limited liability company, GRANTEE whose legal address is 1700 VALLEY VIEW LANE, #300, FARMERS BRANCH, TX 75234 of the County of DALLAS, State of TEXAS WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the Grantee, its succesors and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20,2005 in Plat Book 74 at Page 17. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest: claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its heirs and assigns forever. And the Grantor, for its self, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants: bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 CITY OF ASPEN 1 CITY OF ASPEN WRETT PAID - DATE REP NO. 9 77 9 K HRETT PAID HE~Ek//4EP 42 NO. 9-2-77 5 51.aul ll SIGNATURE PAGE TO WARRANTY DEED PAGE 2 FOX CROSSING PROPERTIES LOTS 4&6 LLC, a Colorado limited liability company By: . 1 - C --- John Morton, Prinkipal STATE OF »4 ) SS COUNTY OF *901246 ~ - The foregoing instrument was acknowledged before me this ~t~ day of May, 2017, by JOHN MORTON, PRINCIPAL OF FOX CROSSING PROPERT'58>OTS 4&6 LLC, a Colorado limited liability company. ,/h' 6 WITNESS my hand and official seal 9444#54 my commission expires: Notaryyublic ~1 ;7·iC,A': Notary Public. Stote of Texas PCT24717V\,3 ~1 i#.0,.fi# Comm. Expires 10- 1 0-20,9 ~ :00% 102 ESUBEL....1~ :L=ami_ EXHIBIT "A" 1. Taxes for the year 2017, and subsequent years, not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. 3. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 57, Series of 1988 by City of Aspen recorded January 6,1989 in Book 585 at Page 330 and as shown on Annexation Plat recorded February 6,1989 in Plat Book 22 at Page 15. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 50, Series of 2004 by City of Aspen City Council recorded June 20,2005 as Reception No. 511408. 5. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License recorded June 20, 2005 as Reception No. 511409. 6. Easements, rights of way and all matters as disdosed on Plat of Fox Crossing Subdivision recorded June 20, 2005 in Plat Book 74 at Page 17. 7. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded June 20,2005 as Reception No. 511411 and Second Insubstantial Amendment thereto recorded December 24, 2014 as Reception No. 616269 8. Terms, conditions, provisions and obligations as set forth in Agreement recorded June 20,2005 as Reception No. 511425. 9. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded May 15, 2006 as Reception No. 524065. 10. Declaration of Utility Easements as set forth in instrument recorded September 26,2007 as Reception No. 542422. 11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Fox Crossing Subdivision recorded January 2,2008 as Reception No. 545394 and recorded January 3,2008 as Reception No. 545472 and First Amendment thereto recorded September 20, 2016 as Reception No. 632292, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 12. Terms, conditions, provisions and obligations as set forth in Assignment of Declaranfs Rights recorded December 30, 2010 as Reception No. 576393 and July 30, 2014 as Reception No. 612197. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded December 27, 2013 as Reception No. 606828 as Resolution No. 35-2013. 14. Terms, conditions, provisions and obligations as set forth in Affordable Housing Impact Fee Deferral Agreement recorded June 5,2007 as Reception No. 538577. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded September 5, 2014 as Reception No. 613269 as Resolution No. 24-2014. Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates toanentity named: CAOG- 8-51>t/O \-6(J) ID~•~9 J l,lth 2. The type of Entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity isformed under the laws of Skle O-f '12><.c.%. 4. The mailing address forthe entity is: /1® VALLfel Vit,0 LAA) f. #Fy'b FA•.'%,5-'5.ANGLT-0 71-At 4 5. The _X_ name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: .·'14 r L i /-1<0-12 £ 6. The authority of the foregoing person(s) to bind the entity is X not limited limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: ~03- e- 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this Ott day of May, 2017. Name: CAPG Awel H·~lf:··u LLCL__ .:u:50-,0._~'12 BY: ftekr,4/ Ple.yue, , A ,Al..,.a-9 *02-~* STATE OF -'Et··>a ) ) ) SS. COUNTY OF n 1\( - h ) The foregoing instrument was acknowledged before me this .th day of May, 2017 By: ,A/re-ys r, 1 Witness my hand and official seal My commission expires: 41 w- PCT24717 Notary Public r-<litt,44 ~~AY.BU-' TREVOR KOLLINGER ~ 'fy?/-~22£ Notary Public, State of Texas f -16. FT..:41 Comm. Expires 01-05-2021 94""es Notary ID 130950327 1 1 1 11.11 . RECEPTION#: 638638, R: $13.00, D: $0.00 DOC CODE: AUTH Pg 1 of 1, 05/26/2017 at 12:43:07 PM Janice K. Vos Caudill, Pitkin County, CO Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named : CAD6- Holox»35 1 Llt 2. The type of Entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity is formed under the laws of &12>r<- 0£ 40>ul > 4. The mailing address for the entity is: /1# UALL,61 Vit--' CAA)£ #3'b FAA•-r'5,t*.ck-r¢ PS:*f Y 5. The _X_ name position of each person authorized to execute instruments conveying, encumbering, or othenvise affecting title to real property on behalf of the entity is: He,Lrd..,f /4.•.7.A: 6. The authority of the foregoing person(s) to bind the entity is X not limited limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real properly: *)2.c 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this -Zy¥ day of May, 2017. Name: C.ADG \Aolk: b~ L LCL 2-044--C BY: PUj.r,LA 010.,J: , AJkori·•d hbrk STATE OF 1-2-0 ) ) SS. COUNTY OF r-h\\ © ) The foregoing instrument was acknowledged before me thinv day of May, 2017 By: Mlk,2- i /.10174; Witness my hand and official seal ~m-- My commission expires: PCT24717 Notary Public / r-,Sfri;r-- 1I *224. TREVOR KOLLINGER -1 11#:"' 1 '*ANotary Public, State of Texas | 1 1 1 lilli 11 -11. 0 +9· "4/4 Comm. Expires 01-05-2021 ~ RECEPTION#: 638639, R: $13.00, D: $0.00 11 16'6;.** NottLE_LEEMiL..11 DOC CODE: AUTH Pg 1 of 1, 05/26/2017 at 12:43:08 PM Janice K. Vos Caudill, Pillin County, CO Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named : BkiA vt#ru,le> 1 LL h 2. The type of Entity is a: conporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity is formed under the laws of 6 44 of 2*U 4. The mailing address for the entity is: /)@D v .LL¢"1 V lt,41 64.) 9- *»0 F.4.1--5*6k##Al* 1es:*.5 4 5. The _X_ name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Mil.r LE A -1.J: 6. The authority of the foregoing person(s) to bind the entity is h<L not limited limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: ~0-· 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this '~-%¢~ day of May, 2017. Name: 311 fl Vt·Ate.6, LL C_ 'Z»25,/,« BY: ~lltkrk& A..7,J:, PGW=fe-,2 4-& STATE OF ) ) SS. COUNTY OF /1 /0, ) The foregoing instrument was acknowledged before me this *Alay of May, 2017 By: A-€ 0-90 2 Witness my hand and official seal My commission expires: 4-24___ PCT24717 - -Notary Public TREVOR KOLLINGER .<4~4 Notary Public, State of Texas ... h...TE Comm. Expires 01-05-2021 %,;;,t,/ Notary ID 130950327 RECEPTION#: 638640, R: $13.00, D: $O.00 DOC CODE: AUTH /2. I Pg 1 of 1, 05/26/2017 at 12:43:09 PM Janice K. Vos Caudill, Pitkin County, CO :':22·'44 7 Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named : AA VfproNES j LLO 2. The type of Entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liability limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership - trust 3. The entity is formed under the laws of St·.4 - & 021#Wart 4. The mailing address forthe entity is: /100 VALL,7 Vit- LAA) f *30* FA,0-5006A•,N€x-mr,1 ?SA Y 5. The _X_ name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: A,6 6.1 /Ha•~di: 6. The authority of the foregoing person(s) to bind the entity is?E- not limited limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: DD••L . 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this ZO day of May, 2017. Name: Z /1 Ve.~kr u LL t u--025/L_/C_ BY{ t<Adal 542uk, A,~ tur: -2 A 19.-Jr STATE OF T#*5 ) ) SS. COUNTY OF ) The foregoinginstrument was acknowledged before me this 1-,1 day of May, 2017 By: Witness my hand and official seal My commission expires: , -i-- PCT24717 -1 Notary Public TREVOR KOLLINGER-11 111111111 n'111111111111111111111111111.111.111111111111 27:.1.U'&:s Notary Public, State of Texas I e $4:.f. 3.yS Comm. Expires 01-05-2021 1 RECEPTION#: 638641, R: $13.00, D: $0.00 ; i ~47 of fi:y Notary ID 130950327 11 DOC CODE: AUTH U ... Pg 1 of 1, 05/26/2017 at 12:43:10 PM Janice K. Vos Caudill, Pitkin County, CO Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named : FOX CROSSING PROPERTIES LOTS 4 & 6, LLC, a Colorado limited liabilty company 2. The type of Entity is a: corporation registered limited liability partnership nonprofit corporation registered limited liabilily limited partnership _X_ limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership trust 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is:_ 0.3150 Kno £ f e.tr- 2>1- ,.J-~ c> ca '394-Ort , -TK 1300 5 5. The _X_ name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: John Morton, Principal 6. The authority of the foregoing person(s) to bind the entity is _X_ not limited limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this 369day of MAY, 2017. Name:FOX CROSSING PROPERTIES LOTS 4 & 6, LLC, a Colorado limited liabilty company 1 B~><lohn~orton, Principal STATE OF 12*6 , COUNTY OF Hme.44 7 The foregoing instrument was acknowledged before me this ~) day of MAY, 2017 By:John Morton, Principal of Fox Crossing Propertie~ Lots 4 & 6, LLC, a Colorado limited liability company Witness my hand and official seal My commission expires: Notary Pub~ PCT24717 .... 1 KELLI BEDNARZ ' ~ 49.0...9~L'.. ;:2:·L~>.>'~ Notary Public. Store of Tex<os . -JE.«·if~f Comm. Expires 10·10-2019 1111111 1111111111111111111111111 lili ll 1 In Imn m 1.1111 1 --266;* Notary ID 128769331 44,1 1,40 RECEPTION#: 638637, R: $13.00, D: $0.00 DOC CODE: AUTH Pg 1 of 1, 05/26/2017 at 12:43:06 PM Janice K. Vos Caudill, Pitkin County, CO REAL PR( ZTY TRANSFER DECLARATION-(TD-10 GENERAL INFORMATION PURPOSE: The Real Property Transfer Dedaration provides essential information to the county assessor to help ensure fair and unifor-m assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the Deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or.025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102 (1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of real property sold. Please do not use P.O. box numbers See Attached Exhibit "A" 2. Type of property purchased: [ ] Single Family Residential [ ] Townhome [ ] Condominium [ ] Multi-Use Res [ ]Commercial [ ]Industrial [ ]Agricultural [ ] Mixed Use [i] Vacant Land [ ]Other 3. Date of Closing: 1 -- Merch--00, 2017 AA'•1 25+0« ,>0 { + cl-·-~- - Date of Contract if different than date of closing: MARCH 31, 2016 4. Total sale price: Indicate the total consideration paid for the property including all real and personal property. $1,745,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-120, C.R.S. [ ] Yes [X]Nolf yes, Value $ Describe 6. Did total sale price include a trade or exchange of additional real or personal property? [ ] Yes [X]Nolf yes, Value $ If Yes, does this transaction involve a trade under IRS Code Section 1031? [ ]Yes[ ]No If yes, the approximate value $ 7. Was 100% interest in the real property purchased? Mark "No" if only a partial interest is being purchased. [ X ]Yes [ ]No If no, interest purchased % 8. Is this transaction among related parties? indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporation. [ ]Yes[X]No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. [ ] New [ ]Excellent [ ]Good [ ] Average [ ] Fair [ ]Poor [ ]Salvage IF THE PROPERTY IS FINANCED, PLE COMPLETE THE FOLLOWING. 10. Total amount financed: $ lia.,0...3 11. Type of financing: (Check all that apply) [ ] New [ ] Assumed [ ] Seller [14 Third Party [ ] Combination; Explain 12. Terms: [ ] Variable; Starting Interest Rate [K] Fixed; Interest Rate / O [ ] Length of time years y-ly-aetr [ ] Balloon Payment [%] Yes [ ] No If yes, amount $ , 400,000 , due date 13. Mark any that apply: [ ]Seller assisted down payments, [ ] Seller concessions, [ ] Special terms or financing If marked, please specify: For properties other than residential (Residential is defined as : Single family detached, townhomes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14, Did the purchase price include a franchise or license fee? [ ]Yes [ ] No If yes, francise or license fee value $ 15. Did the purchase price involve an installment land contract? [ ]Yes [ ]No If yes, date of contract 16. If this was a vacant land sale, was on-site inspection of the property conducted by the buyer prior to the closing? [ ]Yes[ ]No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed: This 2 7 8- day of DA~~~4,-2017. ~ Enter the day, month and year, have at least one of the parties to the transaction sign the document, sign the document, and include an address and a daytime phone number. Please designate buyer or seller. * 14-4 J --0 Signature of Grantee (Buger) [X]or Grantor (Seller) [ ] 18. All future correspondence (tax bills, property valuations, etc.) regarding the property should be mailed to: /» vaut'l VWJ Or# t *50 0 F.u•,€,4.4 644*cL 7 * 1. 33,3 4 ( 961 ) 39& - 920 6 Address (mailing) Phone Number (mandatory) City, State and Zip Code 32 32 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17. Pitkin County Treasurer Statement of Taxes Due Account Number R019554 Parcel 273707392004 Assessed To FOX CROSSING PROPERTIES LOTS 4&6 LLC 6330 MERCER ST HOUSTON, TX 77005 Legal Description Situs Address Subdivision: FOX CROSSING Lot: 4 AKA HOUSE 1 553 RACE ALY #1 Year Tax Interest Fecs Payment; Balance Tax Charge 20]6 S4.736.84 . 1.-1- .SO.oot *''t tr~ .9 $0.00 ($2.368.42) $2,368.42 Total Tax Charge $2,368.42 First HalfDue as of 02/06/2017 $0.00 Second Half Due as of 02/06/2017 $2368.42 Tax Billed at 2016 Rates for Tax Area 001 - 1-AFS - 001 Authority ?El L,zvy Amount Values Actual Assessed PITKIN COUNTY GENERAL FND 2.3470000* $342.38 SINGLE FAM. REI - St .800,000 $143,280 LAND COUNTY TV/FM TRANSLATOR 0.2730000 $39.82 SINGLE FAM RES- $32,600 $2,590 COUNTY ROAD & BRIDGE 0.1730000* $25.24 IMPROVEMENT COUNTY HUMAN SERVICES 0.0650000 $9.48 HEALTHY COMMUNITY FUND Total $1,832,600 $145,870 0.7570000 $110.42 ASPEN AMBULANCE DISTRICT 0.5030000 $73.37 OPEN SPACE & TRAILS 3.7500000 $547.01 PITKIN COUNTY LIBRARY 1.4110000* $205.82 CITY OF ASPEN 5.2270000* $762.46 ASPEN FIRE PROTECTION 1.4230000 $207.57 ASPEN SAN1TATION DISTRICT 0.1110000 $16.19 ASPEN VALLEY HOSPITAL 2.7910000 $407.12 ASPEN SCHOOL DISTRICT 4.4350000 $646.93 ASPEN SCHOOL DISTRICT 2.6010000 $379.41 ASPEN SCHOOL DISTRICT 2.0560000 $299.91 COLORADO MTN COLLEGE 3.9970000 $583.04 COLORADO RIVER WATER CONS 0.2530000 $36.91 ASPEN HISTORIC PARK & REC 0.3000000 DO.76 Taxes Billed 2016 32.4730000 $4,736.84 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 15. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Pitkin County Treasurer 506 E. Main St - Ste 201 Aspen, CO 81611 (970) 920-5170 www.pitkincounty.corn/taxes REAL ESTATE TAX AGREEMENT RE: Order No: PCT24717W3 Buyer(s): CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY Seller(s): FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY Property: 553 RACE ALLEY - ASPEN, CO 81611 The undersigned Buyer(s) and Seller(s) do hereby understand and agree that the proration for general property taxes was calculated on the basis of: ( X) Taxes have been prorated on an estimate of $4,442.31 for the year 2017 and are to be considered a final settlement. Accordingly, the Buyer(s) and Seller(s) do hereby hold Pitkin County Title, Inc., harmless from any liability or damages caused by an inaccurate proration for general property taxes resulting from any variation of difference in the actual general property taxes assessed for the current year. Both Buyer(s) and Seller(s) agree to make the proper proration as may be required subsequent to the closing, and it is also understood and agreed that any prorations not reflected on the Settlement Statement in regard to utilities that the Seller shall be responsible for any final payment(s) due for such utilities and in the event a lien is filed for any unpaid utilities and Pitkin County Title, Inc., is required to pay such utilities costs to clear title, Seller shall promptly repay Pitkin County Title, Inc., upon receipt of evidence of payment of those utilities. FOX CROSSING PROPERTIES LOTS 4&6 LLC, a Colorado limited liability company By: JOHN MORTON, PRINCIPAL CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By:MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager Mehrdad Moayddi, its Manager REAL ESTATE TAX AGREEMENT RE: Order No: PCT24717W3 Buyer(s): CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY Seller(s): FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY Property: 553 RACE ALLEY - ASPEN, CO 81611 The undersigned Buyer(s) and Seller(s) do hereby understand and agree that the proration for general property taxes was calculated on the basis of: ( X) Taxes have been prorated on an estimate of $4,442.31 for the year 2017 and are to be considered a final settlement. Accordingly, the Buyer(s) and Seller(s) do hereby hold Pitkin County Title, Inc., harmless from any liability or damages caused by an inaccurate proration for general property taxes resulting from any variation of difference in the actual general property taxes assessed for the current year. Both Buyer(s) and Seller(s) agree to make the proper proration as may be required subsequent to the closing, and it is also understood and agreed that any prorations not reflected on the Settlement Statement in regard to utilities that the Seller shall be responsible for any final payment(s) due for such utilities and in the event a lien is filed for any unpaid utilities and Pitkin County Title, Inc., is required to pay such utilities costs to clear title, Seller shall promptly repay Pitkin County Title, Inc., upon receipt of evidence of payment of those utilities. FOX CRQSSING PROPERTIES LOTS 4&6 LLC, a Colorado limited liability company By: ~ ~JA..-/~--- - /JOI-111 MORTON, PRINCIPAL CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By:MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager By: Mehrdad Moayedi, its manager AUTHORIZATION TO CLOSE TO: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 [X] AS PURCHASER OF THE PROPERTY REFERENCED UNDER YOUR FILE NO. PCT24717W3 WE HEREWITH DELIVER TO YOU THE FOLLOWING DOCUMENTS: [)<] STATEMENT OF SETTLEMENT - FIVE COPIES [X] TAX AGREEMENT LETTER p<] REAL PROPERTY TRANSFER DECLARATION [><] LOAN DOCUMENTS p<] WIRED FUNDS IN THE AMOUNT NECESSARY TO CLOSE [X] MECHANIC LIEN AFFIDAVIT WE THE PURCHASER(S) HEREBY AUTHORIZE YOU TO USE THE FUNDS DELIVERED TO YOU PURSUANT TO THE ENCLOSED SETTLEMENT STATEMENT UPON RECEIPT OF A GOOD AND SUFFICIENT DEED TO US FROM THE SELLER. SELLER AND PURCHASER HEREBY AGREE AND ACKNOWLEDGE THAT SOME OF THE FIGURES AS SET FORTH ON THE SETTLEMENT STATEMENTS HEREIN DELIVERED AND APPROVED BY THE SELLER AND PURCHASER WERE OBTAINED FROM THIRD PARTIES, AND PITKIN COUNTY TITLE, INC., SHALL NOT BE HELD LIABLE OR ACCOUNTABLE FOR ANY FIGURES OBTAINED THAT MAY HAVE BEEN IN ERROR OR OBTAINED WITH MIS-INFORMATION AS PROVIDED BY SUCH THIRD PARTIES. NOTE: If this is a refinance or loan transaction. The rate quoted for title insurance is disclosed on Schedule A of the preliminary Title Commitment. The undersigned hereby concurs that the rate quoted is the correct rate as stated on Schedule A of the Title Commitment. CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By: MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager , ti By: 1n~ _A - 4 3 Mehrdad Moayedi. its m-adager AFFIDAVIT AND INDEMNITY AGREEMENT Title Commitment No. PCT24717W3 STATE OF COLORADO ) ) SS COUNTY OF PITKIN) The undersigned, being first duly sworn on oath, as Purchaser of or Borrower against the property described as: LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20,2005 in Plat Book 74 at Page 17. County of PITKIN , State of Colorado ("Real Property") does hereby make the following representations and warranties to Pitkin County Title, Inc., Westcor Land Title Insurance Company and any title insurance company issuing an ALTA Policy of insurance pursuant to the title commitment referenced above (collectively referred to herein as "Pitkin County Title") for the purpose of inducing Pitkin County Title to issue an owner's an(For lender's policy of title insurance for the Real Property: Representations and Warranties of Purchaser/Borrower 1. That the undersigned knows of no easements, rights of way, contracts, agreements, options, rights of first refusal, leases, leaseholds, tenancies, parties in possession or other rights in or claims to the Real Property or any portion thereof, written or verbal, recorded or unrecorded, which are still in effect other than those disclosed in the title commitment referenced above. Il. That all persons, firms and corporations who have furnished services, labor or materials for the construction, renovation, repair, maintenance, or remodeling of improvements on the Real Property on behalf of the undersigned have been paid in full or will be paid in full at Closing, and that there are no unresolved claims against the undersigned by any architect, contractor, subcontractor, laborer or materialman. 111. That the undersigned knows of no lawsuits, proceedings in bankruptcy, proceedings for receivership, judgments, liens, writs, or other proceedings that affect the Real Property, whether recorded or unrecorded, other than those disclosed in the title commitment referenced above. IV. That the Contract between the Seller and Purchaser authorizes the Purchaser to take possession of the premises on or about MA ~ 15+V\ ,2017. V. That, if the undersigned is an entity, the individual person signing this agreement has proper authority to execute this document and any other documents executed by him/her in connection with this transaction, or, if the undersigned is attorney-in-fact for the owner of the Real Property, then the undersigned warrants and represents that he/she has proper, written authority to execute this document and any other documents executed by him/her in connection with this transaction. Exceptions The only exceptions or limitations to the above representations and above warranties are as follows: (describe any exceptions or limitations below) The undersigned understands mat Pitkin County Title is relying upon uie foregoing representations and warranties and that, without such representations and warranties, no ALTA policy of title insurance would issue. The undersigned promises, covenants and agrees to hold indemnify, defend, and hold harmless Pitkin County Title from and against any liabilities, losses, damages, expenses, and charges (including but not limited to attorneys' fees) arising from or related to any inaccuracies in the above representations, any breach of the above warranties, and any liens, claims or rights not listed in the above-referenced title commitment provided that said liens, claims, or rights were created by the undersigned or known to the undersigned and have an inception date or attachment date prior to the closing of this transaction. If Pitkin County Title delivers to the undersigned a written demand for indemnification, defense or payment required to be made pursuant to this agreement, and the undersigned fails or refuses to provide such indemnification, defense or payment within thirty (30) days, Pitkin County Title may proceed to take any and all actions that Pitkin County Title, in its sole and absolute discretion, shall deem necessary to protect itself and its insureds. Provided that Pitkin County Title has complied with the requirements of this paragraph, Pitkin County Title shall be awarded judgment against the undersigned (or individual signing this agreement as to paragraph 5) for all amounts paid (including attorneys' fees and costs) with interest at a rate o f twelve percent (12%) per annum from the date such amounts were paid. In this Agreement, whenever the context requires, the singular shall include the plural. This agreement is binding upon the parties, their heirs, successors, and assigns. Dated this 3.4' day of March, 2017. AFFIANY- CADG ASPEN HOLDINGS, LLC a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company, its managing member By: MMM Ventures, LLC, a Texas limited liability company, its manager By: 2M Ventures, LLC, a Delaware limited liability company, its manager By: Mehrdad Moayedi, its manager STATE OF TEXAS § § COUNTY OF ibALLA.6 § The foregoing instrument was acknowledged before me, a Notary Public of the State o f Texas on the 14 A day of May 2017 by Mehrdad Moayedi, as the manager of 2M Ventures, LLC, a Delaware limited liability company, which is the manager of MMM Ventures LLC, a Texas limited liability company, which is the manager of CADG Holdings, LLC, a Texas limited liability company, which is the managing member of CADG Aspen Holdings, LLC, a Texas limited liability company. Witness my hand and official seal. ...1-j [SEAL] -1- Notary Public, State of Texas My Commission Expires: "FICO'-r 6<,«AU~~6< o C - e, 5 - -z.,12- j Printed Name of Notary Public - ./'111/'i,/4 ye?..:.£90 TREVOR KOLLINGER #fiucit--Notary Public, State of Texas ES'. AT 0- Comm. Expires 01-05-2021 '''i:iw* l 4,lt,10 Notary ID 130950327 DR 1083 (09/96) COLORADO DEPARTMENT OF REVENUE 1375 SHERMANDENVER, COLORADO 80261 INFORMATION WITH RESPECT TO A CONVEYANCEOF A COLORADO REAL PROPERTY INTEREST 1. Name(s) and address of transferor(s): *FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY 6330 MERCER ST. HOUSTON, TX 77005 2. Transferor is (check one) [ ] individual [ ] estate [ ] trust [ ] partnership [ ] corporation [X] other specify: LLC 3. Social Security Number(s) or Colorado account number of Transferor*: 4. Federal employer identification number of transferor:* 30-0880123 5. Type of property sold: VACANT LAND 6. Address or legal description of property sold:See Attached Exhibit "A" 7. Date of Closing:*May 25, 2017 8. Selling price of property $1,745,000.00 9. Selling price of this transferor's interest $1,745,000.00 10. If Colorado tax was withheld, check this box.....................[ ] 11. Amount of Tax Withheld $-0- 12. If withholding is not made, give reason (check one): a. Affirmation of Colorado residency b. Affirmation of permanent place of business [X] c. Affirmation of principal residence d. Affirmation of partnership signed e. Affirmation of no tax reasonably estimated to be due or no gain on sale [ ] f. No net proceeds 13. Name, address and telephone number of the title insurance company or other person providing closing and settlement services with respect to this transfer: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, COLORADO 81611 (970)925-1766 File this form together with form 1079, if applicable within 30 days of the closing date with the: COLORADO DEPARTMENT OF REVENUE 1375 SHERMAN ST DENVER, COLORADO 80261 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, FOX CROSSING SUBDIVISION, according to the Plat thereof recorded June 20: 2005 in Plat Book 74 at Page 17. AFFIRMATION OF COLORADO RESI ICY I (we) hereby affirm that I am (we are) the transferor(s) or the fiduciary of the transferor of the property described on this Form 1083 and that as of I am (we are) or the estate or the trust is a resident of the State of Colorado. Signed under the penalty of perjury: Signature of transferor or fiduciary Date Spouse's signature if applicable Date AFFIRMATION OF PERMANENT PLACE OF BUSINESS I hereby affirm that the transferor of the property described on this Form 1083 is a corporation which maintains a permanent place of business in Colorado. Sigqpd under the penalty of perjury: A /A-- 5 /7. 4 (16£1 ~ignature))f corporate officer Date AFFIRMATION OF SALE BY PARTNERSHIP I hereby affinn that the transfer of property described on this Form 1083 was sold by an organization defined as a partnership under section 761(a)of the Internal Revenue Code and required to file an annual federal partnership return of income under section 6031(a) of the Internal Revenue Code. Signed under penalty of perjury: Signature of general partner Date AFFIRMATION OF PRINCIPAL RESIDENCE I (we) hereby affirm that I am (we are) the tansferolls) of the property described on this Form 1083 and immediately prior to the transfer it was my (our) prindpal residence which could qualify for the roll over of gain provision of section 1034 of the internal revenue code. Signed under the penalty of perjury: Signature of transferor Date Spouse's signature if applicable Date AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE 1 (we) hereby affirm that l am (we are) the transferor(s) or an officer of the corporate-transferor or a fiduciary of the estate or trust-transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part of the transferor(s) as the result of any gain realized on the transfer. Please understand before you sin this affirmation that nonresidents of Colorado are subject to Colorado tax on gains from the sale of Colorado real estate to the extent such gains are induded in federal taxable income.Signed under penalty of pe,jury: Signature of transferor, officer, fiduciary. Date Spouse's signature if applicable Date r ---1-Ill---' -1 ~*L~ 9 Z ~MOID]:4:5,•i•]MIN•:al~nIE2aantL!11, COMPLETE THIS SECTION ON DEUVERY • Complete items 1,2, and 3. A. Signature > • Print your narne and address on the reverse X O Agent I ; - 2 3 9 , .1 J to <071~* ' so that we can return the card to you. D Addressee , ... .4 1 = • Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery , -- -- #a €,r,n, if snace Dermits. In 0}2 Al ·-4-,1 1. Is detivery address different from item 1? 0 Yes i If YES, enter deliver'y address below: m No 1 COLORADO DEPT OF REVENUE I 1 375 SHERMAN ST. ! . DENVER, CO 80261 COTAX 1 1 - · 26 I 11111111111'll'111111'Ill'111 lilli 111111'll Ill m Adult Signature Resticted Delivery O Registered Mail Restricted, 3. Service Type O Priority Mail Express€) 1 . .m O Adult Signature O Registered Mail™ . 1 O Certified Mail® Delivery 9590 9402 1239 5246 2368 81 O Certified Mai! Restricted Delivery ¤ Return Receipt for | 1 El Collect on Delivery Merchandise ~ - 1 2. Article Number (Transfer from service jabeD r--1 74*·-6 on Delivery Restricted Detivery O Signature ConfiriTtation™ Mail C] Signature ConfirmaSon I t 7015 1520 0002 5398 5229 Mail Restricted Delivery Restricted Delivery i T tover $500) 1- ps-FRm-3811, juiy 2015 PSN 7530-02-000-9053 Domestic Return Receipt i * - I I /:. I . 9. - I .'/ .·~ *· ' clk&3:, ..7. -:-0.C. '9 4,.* : b~r-P. -3.- ~1-L:al,1,,:14//Alt 4 1 1 5 0 ---- XVIO) I9Z08 01 'ZigiANgia . 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PITKIN COUNTY TITLE, INC. 601 EAST HOPKINS ASPEN, COLORADO 81611 FOX CROSSING PROPERTIES LOTS 4&6 LLC 6330 MERCER ST HOUSTON TX 77005 SUBSTITUTE. IRS FORM 1099-S This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Prepared by: PITKIN COUNTY TITLE, INC. 601 EAST HOPKINS ASPEN, COLORADO 81611 Federal ID: 84-0971691 File No. PCT24717W5 Contact: JSH Phone: Seller Information FOX CROSSING PROPERTIES LOTS 4&6 LLC 6330 MERCER ST HOUSTON TX 77005 Seller's Taxpayer ID Number 300880123 Date of Sale/Closing May 25,2017 Gross Proceeds 1,745,000.00 Buyer's Part of Real Estate Tax $0.00 Property Description 553 RACE ALLEY ASPEN CO 81611 Seller received other property or services as part ofthe consideration CERTIFICATE OF NONFOREIGN STATUS BY CORPORATION, PARTNERSHIP, TRUST OR ESTATE PCT24717W3 TO: CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY FROM: FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY Section 1445 of the Internal Revenue Service Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign entity. To inform the transferee (buyer) that withholding is not required upon the disposition of a U.S. real property interest, by FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY the undersigned hereby certifies that the following on behalf of the entity: 1. The entity is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations): 2. The entity's U.S. Employer identification number is 30-0880123 3. The entity's office address is: 6330 MERCER ST., HOUSTON, TX 77005 The above entity understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury 1 declare that 1 have examined this certification and to the best of my knowledge and belief, it is true, correct and complete, and I further declare that l have the authority to sign this document on behalf of the above entity. FOX C. ~OSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY By: ~\ 5-- L_-0 C Jda Morton, Principal CITY OF ASPEN GRANTEE RETT PAYMENT COMPUTATION & Receipt # TRANSMITTAL REPORT Date Paid This City of Aspen Real Estate Transfer Tax Computation & Transmittal Report is due at the time of transfer and prior to recording of the applicable deed(s). This form combines both the Wheeler RETT and the Housing RETT due to the City of Aspen. Since these taxes differ in spedfics, separate and distinct computations are required as indicated on this form. State of ) SS. County of ) The undersigned, as grantee of a deed or instrument of conveyance from FOX CROSSING PROPERTIES LOTS 4&6 LLC, A COLORADO LIMITED LIABILITY COMPANY (grantor) to CADG ASPEN HOLDINGS, LLC, A TEXAS LIMITED LIABLITY COMPANY (grantee) dated MAY 25,2017 transferring the following described property situated in the State of Colorado, County of Pitkin, and the City of Aspen (if necessary, attach copy of legal description): LOT 4 (AKA HOUSE 1), FOX CROSSING hereby comply with the Real Estate Transfer Taxes imposed by Chapter 23.48 of the City of Aspen's Municipal Code, by completing this form in its entirety and by submitting the appropriate taxes (as computed on the back of this form and below) in U.S. funds herewith. A. Total Wheeler RETT due to the City of Aspen (from the 1st column, step 7 on the back page) $ 8,725.00 B. Total Housing RETT due to the City of Aspen Urom the 2nd column, step 7 on the back page) % 16,450.00 Total Amount of Real Estate Transfer Taxes Submitted Herewith (Total of A&B above) $ 25,175.00 The above statement, induding the computations on the back of this form, is a complete and accurate statement of the Real Estate Transfer Taxes due to the City of Aspen pursuant to Chapter 23.48 of the City of Aspen's Municipal Code. Please indicate the type of properly by checking one of the items below: Deed restricted employee Housing Fractional (timeshare) Residential Non-fractional Residential Commercial Industrial AFFIDAVIT 1 Certify, in Compliance with the City of Aspen's Municipal Code, that the Foregoing is True and Correct. Name of Purchaser (Grantee): CADG ASPEN HOLDINGS, LLC. ,t Signature of Purchaser (Grantee): ru-U -9 (If signed by an agent, certificate of agency is required.) 9 69 - 81*. 91. 6 Phone Number of Purchaser (Grantee): Notarization of Purchaser(s)' Signatures Is Mandatory: Subscribed and sworn to before me this 2 4 day of MAY 2017. a 4-di My commission expires: o\ - 05 -2.-1, Notary Public Address: 1 9 €1- S ri t31/1 G.4,0,4 04/45 1 w 15&52 Revised 1/2014 1. 1 . 4- 9 .."lilli/4 TREVOR KOLLINGER : <p211 5% 2241,·'.hoQNotary Public, State of Texas ld·.TV.93 Comm. Expires 01-05-2021 %»i'A:\472 Notary ID 130950327 COMPUTATION OF THE REAL HOUSING RETT ESTATE TRANSFER TAXES: WHEELER RETT Yes X No 1. Is the property deed-restricted employee housing subject to the Aspen/Pitkin Housing Authority guidelines? (If the answer is Yes, do NOT complete the "Housing RETT" calculations.) $ 1,745,000.00 $ 1,745,000.00 2. Actual Cash Consideration (*) $ 3. Actual or, if unavailable, Appraised Value of Other Considerations (describe briefly and attach copy of closing contract) Not Applicable -$100,000 4. Less $100,000 $ 1,745,000.00 $ 1,645,000.00 5. Total of Lines 2,3&4 X .005 X .01 6. Tax Rate $ 8,725.00 $ 16,450.00 7. Calculate RETTs (Line 5 X Line 6) 8. Please record these calculated RETTs on Lines A&Bon the front side of this form. To Whom It May Concern, 553 6t A'15 Regarding the Land Use application for the RDS variance review for the property at 433.-W-Bleekey, Aspen CO - Ryan Doremus of Thunderbowl Architects are authorized to represent us on this matter. Their contact information is: Thunderbowl Architects - 300 S Spring Street Suite 201, Aspen CO 81611 - (970) 274-1421 Sincerely, 911-7 -9 CADG ASPEN HOLDINGS, LLC, A TEXAS LLC 1700 Valley View Lane, #300 Famers Branch, TX 75234 .Nepr ¢ 'COMMUNITY DEVELOPMENT DEPARTMENT« ~ ; r< Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be sianed bv the propertv owner or Attomev representing the Dronertv owner. Name: CADG ASPEN HOLDINGS, LLC, A TEXAS LLC Property Owner CT) Email:KAYZAFAR@GMAIL.COM Phone No.:214-597-0997 Address of 353 properly 591 RACE ALLEY, ASPEN CO, 81611 (subject of application) I certify as follows: (pick one) C] This property is not subject to a homeowners association or other form of private covenant. El 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. LI 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 effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: j J U Gak. 10 \14 \1011 i Owner printed name: _Mehrdad Moayedi or, Attorney signature: date: Attorney printed name: rb 140 IMPROVEMENT AND TOPOGRAPHIC SURVEY 98 3 ' *i CITY.09~~4 7 1 ez i Im LOT 4, FOX CROSSING SUBDIVISION & VACATION PLAT, 58i SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. 4, h do - a :E66 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 5 0% ' 44:2932/ 45 AC=,2. 1:1=r =:g LOT 3 , r*ST _ VICINITY MAP L _ 7 5257 1 f... 1 /4 '4 . 589 27·07'/ 12302 ' I r---I-. W r 51== M BOOK 74 p,a '7 0*19«?:CE STREET 1 IJ (3<~SIET-T-¥-* : E & 11 1 LOT 4 M'y< -IM+ 1 -r ' m...- 3 - ' :19 1 -22- 21 .' H I. 0.138 ACRES: 6012* S.F. Z i lilij Z. 0"e LOTS %11 111 · - - ' .--ERA Prly 0-1 U Il,7 &\ 1 a»at,24= r-- ; lf. 1\ / 4 , - .O -•"' FIll 1,11 , -re ; j lei EN . Eli 4 11 * , * fl .. 0 e Z i il *' 'Ill F E *8 - 8 4 44 1 11, fill / 3 3* N Z : Z, w 11 .111 '1~1~7' GRAPHIC SCALE W =:8 W b m: · /89 2000. ~2302 413121.Ji--4¥j~~ r : : =8= 6 LOT 2 ( 111 ...) z:FR E ~BASIS OF BEARINGS) 0 ': - fiji 1 -h - 10 . 0 093 1, , 2 i 0»4. 1=:-111'6 - M' : .' 1 ny . 3 -I 1 = 1'j' 1 28 I (9 E'S™G ./-8 LEGEND SLOPES 112.TES: PROPERTY DESCR(PTION ~ 1. BAS:5 . ~4~IOS FOR THS SUR.I. A BEAI'IG . '89'20'..G THE ./.ERLY LOT 4, Fox €1!0-40 -C,0-1 - V,AA.' PUT. ~~0,»11 To n€ PLAT,Imr .COUD B ~ OCTO'..... MOS I .AT /0/ 74, AT PA' i. AS ....... 51™0 / T. M.KI PRCrENIY.....B, ME SOUT,EAST COFNER A FOUND U-IUM CAP LS33845 A'IND T}€ O - t. - scunMES, CORN. A ............... Ls~6,8 . 910*,1 HEEON ¢0=17 B A€ EC~En m .la VAL' CTY . *9'01, cou,TY. PI™,1 5TATE OF C.108,1,0C1 EW: .TER ./GOT , DATE . FlaD SUR,El 'ARD, 0 2017, AT ..... THE SURI/ THERE WAS 2 FEET . ~10, ON THE GROUND &4«T~Y -~OLE ELEC™c PEDE./ 20* to - . UNEAR UNITS us. To ..............S SURnEY 'ET. 68 *&3 Elicl/Ck 1/'ly'la 0: 538 4. ....... 8,5.. THE FOX C,10591«; SU801'i,90,1 /0 VACATION PUT REC(WID .R,NE 20, '45 WARNIR .m . PW 8.74 AT PA«1~ .,0,- Na s,1410 -COR€RS FOUNDI M,CE AS % 3 6 / ~ Sm- OR,- 0IATE El .0- ieE. % : SURVEYOR'S CERTIFICAT]ON 3 T»S PROPER. I' SUB.ECT 10 ~SER........... COVEN.TE ./MEM. of 7 TUPHONE WE REC.... PLACL i. RoD,Er p. 102. r ./.7 To .l»00mol ./.ca TWAT .15 I ...FROVE}ENT a"ll ..... BY ....../-,0/0, .0 .AT T I A ...1»,71//40 .RIY :E .43 8. THIS .... WAS PREP.En .... THE ge€AT OF A lmE ...ENT. TIVEFORE, ANY *0-G n E """" OF NL 511!UC///1 /Wa Un.InES FENCES. IEDGEI / WALLS 9/ATED / -Ii.juc- UNDeKJFIOUND El.ECT~C L~€ EX(IPTIONS To .TLE THAT WAY AFFECT ./.-CT PROPERTY HA~E NOT./ED BY T,€ DE~,BED P,iRCEI AND 'TH,1 fnE FEET Cf ,LL 8011.A~ES OF Sual PARCEk * NG : 0.91 8 HIGH COUNNIYEN{=EER~G,INC BOUNDARYE,IDENCIEOR ,!1=£ ENa~OAC~,10113, #40 ,11 EASE,ENTS. UIDERGROUio UTI.Ims. NO TUNNas oR on€R SOUKZS AS g'EaAED ON lHE 'PRO,DBT aIR,ErptAT. 5...nz - 7. El.EVATIONS .0/ -. I. BA~ED.»1 ~Km™ ......Ille•i .... 1088 0'...) REFEFENCED FRCI, NAIC,1....C ~,MY (NGS) ...AF' STAnCN 5150 HAVNG AN : 2 O.EVATIC»1 . 772(188 - ROONEY P I.SE' a Na 382,5 -&-W- - . I CONTOL' ITER¥AL ECUI. 1 FOOT· COLORADO PR~Ea~~AL *D U~E'r~t J g. Ul,XRGRCUND untlms HAVE BEEN MARKED oUT 8, on€..LY PANT I,Al,(5 A,0 UnUTY RAGS Hm€ AED, locAlED BY 1«01 COUNTRY EMO~IE™NG. IPIC 1HE ACTU,L LOCAnON OF UNDERGROut UnUTIES NUST BE FICD ,!EN,1. Ft TOCONg™UCTI~. PROJECT NO 11 EFROR . a=. I LESS THAN 1,4/0=1 2171631 00 Pt,~4) ACC(,UNG ·70 fln,A F- ~AP CCN~l»ITY PA,EL NO, 00087CO,04 C DATE)· .UNE 4. 1087 ~/0-"8,£- 1 oIl N.*fu NO./MI =,lve] ON S~Ll'V .........6 {0.0.... DOd01 IN3 3AOMd 1, The subject property, 589 Race Alley, Aspen CO, is located within the R-6 Zone District. It is a vacant 6,000 sq. ft. lot located in the Fox Crossing Subdivision. The site is located on a lot that has a trail easement on 2 of the 4 sides. As a result, the proposed design does not meet Residential Design Standard 26.410.030.B.3, Build-to requirements. With a code interpretation made on April 14,2005 by the Community Development Director, and in order to maintain a consistent development pattern in the neighborhood, the Race Alley side o f Fox Crossing shall be considered the rear lot line. We feel this design is consistent with the overall intent of the RDS and would like a variance from the B.3. standard. In order to apply for a variation from these standards, we have addressed the criteria found in 26.410.020.D, Variation Review Standards, as follows: 1. Provide an alternative design approach that meets the overall intent o f the standard as indicated in the intent statement for that standard, as well as the general intent statements in Section 26.410.010.A. 1-3. The intent statement relative to this standard is below in italics. Intent. This standard seeks to establish a consistent physical pattern offront faqades close to and parallel to streets in order to frame the street. The placement of buildings should respond to the street by framing street edges physically. Buildings should be located to provide a strong physical presence and integration within the streetscape, which consists ofthe street itself and the buildings that surround it. This standard is most important in the Infill Area where a strong pattern of smaller front setbacks and consistent building orientation exists. Designs should maximize the amount of the front.tagade that is close to the street while still providing articulation and expressing a human scale. Porches, frontfa,ade walls, rooflines and other elements can all contribute to.framing the street. This design meets the intent of the code as the only street located adjacent to the property is considered the alley. The design is consistent with the design and aesthetic of the neighboring properties. All other properties located on Race Alley have garage access and the buildings located near the rear property line. (a) 300 S. Spring Street, Suite 201 Aspen, CO 81611 (C) Ryan 970.274.1421 & Matthew 970.618.1645 (W) www.thunderbowlarchitects.com Residential Design Standards * Administrative Review T* Cm E, Asm. Section 26.410.020.B. of the Land Use Code requires an Administrative Review for compliance with the Residential Design Standards (RDS) for all residential projects, unless otherwise exempted pursuant to Section 26.410.010.C. Exempt projects include: • An addition or remodel to an existing structure that does not change the exterior of the building . A remodel of a structure where the alterations proposed change the exterior of the building, but are not addressed by any of the RDS • A residential unit within a mixed-use building • A designated historic resource listed on the Aspen Inventory of Historic Landmark Sites and Structures. New buildings on a historic landmark lot are not exempt. All applicable residential projects shall submit for RDS Administrative Review or Alternative Compliance prior to building permit submittal. An applicant may choose to apply directly for a variation from the Planning & Zoning Commission or Historic Preservation Commission, pursuant to Chapter 26.410.020.C. A pre-application summary will be required for a variation request. Review Process: The Community Development Department staff shall review an application for applicability and compliance with Chapter 26.410, Residential Design Standards. If the application complies with all applicable standards as written, a signed Checklist and stamped plan set shall be provided to the applicant to be included with building permit submission. If the application does not comply with one or more applicable standards, an unsigned Checklist and redlined plan set shall be emailed to the applicant including comments from staff on which standard(s) the application does not comply with and a description of why the standard(s) is not compliant. The applicant shall be provided the opportunity to revise and resubmit the design in response to the comments. Staffwill keep an application open for 30 days from the date an unsigned Checklist is emailed to the applicant. If after such time no revisions are submitted, the application will be removed from the review system. Pursuant to 26.410.020.C, projects that do not meet the criteria for Administrative Review or Alternative Compliance (as determined by staff) may be reviewed by the Planning & Zoning Commission, or HPC if appropriate, at the applicant's request. A pre-application summary will be required for a variation request. Page 1 of 2 Residential Design Standards * Administrative Review T,n 01} 9 A. Application for RDS Administrative Review: An application for RDS Administrative Review that IS NOT requesting Alternative Compliance shall be submitted to the Community Development front desk on a USB drive or CD or emailed to justin.barker@cityo faspen.com. Applicants shall be notified of complete/incomplete application by email. An application for RDS Administrative Review shall include the following documents in digital format: • Proof of ownership (no older than 6 months from submittal date) • Representative authorization letter from owner • Vicinity map • Site improvement survey certified by a registered land surveyor (no older than one year from submittal date) • Site plan (scaled 24"x36") • Floor plans (scaled 24'436") • Elevations (scaled 24'436") • Complete scope of work noting all areas affected by the proposed project • Complete RDS applicant checklist (attached) addressing how each standard is met with sheet references for each standard Application for RDS Alternative Compliance: An application for RDS Alternative Compliance will require a pre-application summary provided by Community Development staff, and shall be submitted as a Land Use Application. Required application submittal items shall be outlined in the pre-application summary. Page 2 of 2 Residential Design Standards M Administrative Compliance Review Applicant Checklist INE Orf-, AN:, . 553 Address :-59 Race Street Representative: Ryan Doremus Parcel ID: 273707392004 Email: ryan@thunderbowlarchitects.net Zone District/PD: R-6 Medium Density Residential Phone: 970.274.1421 Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(S) demonstrating the applicable standard. Ifa standard does not apply, please markN/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only validfor the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to applyfor a new Administrative Compliance Review. AP~110<11- ~T ' --1~lternative + 1--I.l----.-/I....'I-:J.Ne-- ... c - --~: Standard -0 Complies f _ N/A 13 ~ Sheet #(s)/Notes ~ - t.. - B-1 (a) - Lot is outside of Aspen Infill Area B.1.Articulation of Building Mass 1 j ] (Non-flexible) A-001 - Front facade of the building is oriented to face the street on which it is located (Per B.2.Building Orientation Chris Bendon Interpretation, April 14,2005 - 26.104.100, the front yard shall be measured (Flexible) from the Western Lot Lines. Race Street shall be considered the rear lot line.) A-001 - Building is pushed away from 'Build-to' Line towards Race Street. This is to match the B.3.Build-to Requirement I adjacent properties with similar site positioning. *Trail easement also exists on "front" side. (Rears (Flexible) , V of buildings pushed towards Race Street, which is acting as the actual 'Alley' in this case.) n A-001 / A-201 Front facade has an open loggia that is larger than 50 sf. This B.4.One Story Element , (Flexible) : element is more than 20% of the overall width. I A-001 - Garage has access from rear street, which is considered the 'Alley' in C.1.Garage Access ~~ i this case. *see C. Bendon April 14,2005 code interpretation (Non-flexible) 3 C.2.Garage Placement 1 (Non-flexible) 4 4 4/ +~ ~ey-*.I A-001 The main living area is greater than 5' wider than the width of the C.3.Garage Dimensions , (Flexible) garage. Page 1 of 2 Residential Design Standards Administrative Compliance Review Applicant Checklist 1 mirn.* Aqi , Disclaimer: 7his application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. 6 .' iR Standard Al"""""p&v.-plie. i¥,1,6 N/A /'-' ------..-..#.---- - =mifomplianliNk A-001 / A-200 - (2) Garage door designed to look like 2 separate doors C.4.Garage Door Design ) (Flexible) . 1 4 1 1 : A-001 / A-201 Entry door not set back more than 10' D. 1.Entry Connectioii i i (Non-flexible) I D.2.Door Height A-201 (Flexible) i -- A-201 Entry loggia option. Loggia opening is within 1 story, with material D.3.Entry Porch j (Flexible) changes to denote scale. E. 1.Principle Window 1 A-20 (Flexible) i A-201 E.2.Window Placement ' (Flexible) ' ~ 1 ' A-200 / A-201 E.3.Nonorthogonal Window Limit ~ J i f (Flexible) ! A-001 E.4.Lightwell/Stairwell Location f j (Flexible) . 1 A-200 / A-201 E.5.Materials 3 (Flexible) i i i i I ,„*Ill-txxo :::2./.*J Page 2 of 2 553 ·63? 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GENERAL NOTES SHEET INDEX -M-NDERDOWL ARCHITECTS 3er 5 5~ING 67 $UITE 701 I ") 'crk.¢I./.un.J I'laeorligfl (in,i . . I..,48•Il 'or.*IMIV 19(9./.Ji.,1.I-.i.[2 0[~ . 00 - ™ gil. - 2-1*.| 1Mi:ign,1.I, oM -.r.0* lor ~,0 2 7 2017 AMN CO ./1 2 ....Ill.lu.-"r,ior,p.r~•......1........1.-0.-I.... ,970, 710 2938 .I¥,»mle| 1(,i£. |of fol,D.,240. ~ .ro. Ca• Ul, b -*..pe- •* **I W f .*-C,hg-.i•,91.-Ir~Ir/„1--,Ill.. 0~ -. -1~JI/*I. .00 (0.1, All~m[3~104...k •.=*-0¢a~~dob~o:c~- •/W·1-rel~.*I CITY ' F ASPEN 553 Race Street = m, 0/4 ding,d.i, 0' ,!,ern- il. -Ii•91 e, --d• N -1 5111•AN 1 Ar,-no-i~-0-.0/unoll....p~1...... I.-1,//1..... '•/ Afc~.~1*W,lor .WIn/'u==•1.•. €OMMUM DEVELOPhENT A 101 I.' MAN 011* LM' •m nO)(IMAM·MA~ LDEL 5 -10.01,Wromr» in...1.1.1.-and-I.1.1.16#I~»Tar.....,94,...m.I Ale 1100,MAN ./# .ail I ./.M'.'I I /14 1•¤4„ cr' M.oll- .-Ili ~M wr.M -¢0.-11 c-t~,~id:~.ilic,i.q-0 ~whip.~,--md-- *-I.te,! Aspen, CO 81611 & 100~AAh A 200 -1012UTA-1045 M ....rmel. -0-WI.i.4-,1.k...MI'. w4€Md- - '. 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COL .1- .U ,; r.d A U - - ST. 11. ~•mrn.M ~cl VICINITY PLAN SYMBOLS PROJECT STATISTICS PROJECT DIRECTORY 1 29619 I H. /~1/ H.'70~392UDI HOA 1 1014 20lt + JUNCnON 80' m. L~» m'f•, •4~•a&D l..'COE' A A cj, c.c '".'*I, ell- -I... . ./. 19,1-11/ 4.$2•MI '- O-1 ! I i *g{.1.-1--- 1./. 1/.7.1-8 ....a ..1, .. ' ./ .8-10. | • 20OW. •1,-„•,M~•,C•~, - „09-6,1.-90*WACe- 6~4 a 41 WUA. I RD. 20~.C *-/*C--C- -*& INFORMATION -. 61r-, ENU~GEDDE,A,q SHEET L.J .//i~ 2 CEIUNE.~-11." 21 . Ill- D,„ r-/1,0 DCO~~r•UaL -. '•IN/=.NS•N ~ ~ .. ~0· $48 IE5=N~L 603 00 ./D;>w $.m - E 9Jr L.I. I 1, 3, 31 .e:- I'T.Nim 21 10 ~. ¥p:>,4/ - ...... Ili'[016./.10,4 + ~''ll:SM. "' ~OJE<lu,~W 1 INCLUDED IN THIS SET *~~~ ~ GO.00 4 N O NOT INCLUDED IN THIS SET I DELETED FROM SEr * i .*I L E e »> %24\ A A r+® IMPROVEMENT AND TOPOGRAPHIC SURVEY 48: CD OF ASPEN LOT 4, FOX CROSSING SUBDIVISION & VACATION PLAL SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. =& 9 9 " CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 4 5ITE l.)) =11,4 1 *9 #*91 - 0-- 49, 9 - VICINITY MAP 4 BEEES /»31 --------- ----- 1 1 1 0 1-.0 I .1 31 2 Of RACE STREET JJ; 11 - 1 PLAT -* 74 PA~ 17 2 1 -1 -31 9 Doc) LOT 4 ------11 1 11./. 0 - 0.138 ACRESi - / 1 6012* S.F. I. 2/10 ---5 - --- *3< i1 31* *A€1 ... Il %. cows™,Im,1 .Am... < \ 0 2 : Y B I 1 0-1 I ¢ 71-7 1 . -- Z 1#, R @ 4 Al \ GRAPHIC SCALE PUT = I NOE 17 *.f r I Z .E . - - 1 4 #P I (BASISOFBEARINGS) N89'20'00 W 1230. 0 11 1 ~-h - 10 . 3#/r \ m=1* 71-I . 13 LEGEND SLOPES NOTES PROPERTY DESCRIPTION 1. 8,//OF BEAR/@S ICI 'IS SE,EY IS A ./.G OF H-20'00/LO,G TE S~T,ERLY ............ 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