HomeMy WebLinkAboutagenda.boa.011124AGENDA
ASPEN BOARD OF ADJUSTMENT
January 11, 2024
4:30 PM, City Council Chambers -
3rd Floor
427 Rio Grande Place
Aspen, CO 81611
I.ROLL CALL
II.COMMENTS
III.MINUTES
III.A Draft Minutes - 12/7/23
IV.DECLARATION OF CONFLICT OF INTEREST
V.OTHER BUSINESS
V.A Election of Chair and Vice Chair
VI.PUBLIC HEARINGS
VI.A Resolution #___, Series of 2024 - 16 Ajax Avenue - Request for Setback Variance
VII.BOARD REPORTS
VIII.ADJOURN
minutes.boa.20231207_DRAFT.docx
Memo_16 Ajax Ave_Variance_20240111.pdf
BOA Resolution #XX, Series of 2024_16 Ajax Avenue_Setback
Variance_20240111.pdf
Exhibit A_Proposed Site Plan_16 Ajax Avenue_Variance.pdf
Exhibit B_Review Criteria Staff Findings_16 Ajax Avenue_Setback
Variance_20240111.pdf
Exhibit C_16 Ajax Avenue_Application_20240111.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
1
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding. Deliberation by the commission commences. No further interaction
between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 7th 2023
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:40 p.m.
Commissioners in attendance: Rick Head, Tim Sack, Ashley Feddersen, Andrew Sandler
Commissioners not in attendance: Jim Farrey and Collin Frank
Staff present:
Jeff Barnhill, Planner II
Bob Narracci, Zoning Administrator
Kate Johnson, Assistant City Attorney
Luisa Berne, Assistant City Attorney
Mike Sear, Deputy City Clerk
Staff Comments:None
Commissioner comments: None
Declaration of Conflicts of Interest:None
Minutes: Mr. Sandler motioned to approve the minutes from 8/3/2023. Ms. Feddersen seconded.
Roll call vote: Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 3-0 vote, motion passes.
ACTION ITEM: Reconsideration of Resolution #4, Series of 2023 -A RESOLUTION OF
THE CITY OF ASPEN BOARD OF ADJUSTMENT approving DIMENSIONAL VARIANCEs
FOR THE PROPERTY COMMONLY KNOWN AS 258 Roaring Fork Drive.
Ms. Johnson introduced the item and went over the reasoning for the reconsideration of the
Resolution. She stated that in the previous meeting the BOA had approved Resolution #4, Series
of 2023 with an expiration date of 36 months. She noted that after it was approved, staff
recognized that the Board of Adjustment did not have the authority to grant a 36-month
expiration date, but rather could only grant a 12-month expiration with a onetime extension for
up to another 12 months. She said that because of this, staff was requesting that the Board of
Adjustment reconsider Resolution #4, Series of 2023 and consider an amended Resolution #4,
Series of 2023 allowing for the maximum allowable 24-month expiration. She noted that staff
finds this request is necessary to achieve compliance with the Land Use Code. She also noted
that an Agreement and Stipulation to amend the Resolution to reflect the correct expiration
period was included in the packet. This Agreement was signed by both the City and the
applicant’s representative, Mr. Chris Bendon. She also said that the packet included the original
Resolution as well as a copy of the amended Resolution.
PUBLIC COMMENTS: None
BOARD DISCUSSION: The board members did not have any questions and were ok with
staff’s request.
MOTION:Mr. Sack motioned to reconsider the original Resolution #4, Series of 2023. Mr.
Sandler seconded. Roll call vote:Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr.
Sandler, yes. 4-0; All in favor, motion passes.
3
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 7th 2023
Ms. Feddersen then motioned to approve the amended Resolution #4, Series of 2023 to reflect
that the variances on the property shall expire 24 months from the date of approval. Mr. Sandler
seconded. Roll call vote:Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-
0; All in favor, motion passes.
ADJOURN:Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded.
Roll call vote:Mr. Sack, yes; Mr. Head: yes, Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
_____________________
Mike Sear, Deputy Clerk
4
16 Ajax Avenue – Dimensional Variance
Board of Adjustment
Page 1 of 4
MEMORANDUM
TO: City of Aspen Board of Adjustment
FROM: Sophie Varga, Planner I
THRU: Bob Narracci, Zoning Administrator
RE: 16 Ajax Avenue, Dimensional Variance Review
Resolution #____, Series of 2024
MEETING DATE: January 11, 2024
Applicant:
Brittany Shami and Thomas Menas; 329
Harold Ross Court, Aspen, CO, 81611
Representative:
Sara Adams, BendonAdams, 300 S. Spring
Street #202, Aspen, CO 81611
Location:
16 Ajax Avenue, Legally Described as Lot H,
Smuggler Run Mobile Home Park Subdivision,
According to the Plat recorded January 17,
1983, in Plat Book 14 at Page 27, and First
Amended Plat of Smuggler Run Subdivision
recorded December 21, 2010 in Book 95 at
Page 57, County of Pitkin, State of Colorado.
PID# 2737-074-09-708
Current Zoning and Use:
16 Ajax Avenue is in the R-3 Zone District and
is developed with a single-family residence.
Lot Size: 3,033 square feet
Summary of Request:
The Applicant requests a side yard dimensional
setback variance from the minimum required in
the High-Density Residential (R-3) Zone
District to accommodate the construction of a
new single-family residence. The Applicant
requests a six inch sideyard setback along the
northwest lot line where five feet is required.
Staff Recommendation:
Staff recommends the BOA approve the variance
request subject to the conditions in the resolution.
Figure 1: Subject Property
5
16 Ajax Avenue – Dimensional Variance
Board of Adjustment
Page 2 of 4
REQUEST OF THE BOARD OF ADJUSTMENT: The Applicant requests the following approval
from the Board of Adjustment:
• Variance (Chapter 26.314) to grant a dimensional variance for this site, reducing the minimum
setback requirements in the R-3 Zone District (The Board of Adjustment is the final review
authority).
The representative for 16 Ajax Avenue requests a 6” side yard Setback where 5’ is required (a
4.5’ variance). This request is for the construction of a single family residence, as shown in Exhibit
A. No development is permitted within the established R-3 setbacks other than those projections
defined within Section 26.575.020.e.5, Allowed Projections into Setbacks.
BACKGROUND:
16 Ajax Avenue is in the Smuggler Run
Subdivision/Planned Development. The
property is zoned High-Density Residential
(R-3) and is subject to five-foot setbacks on
all sides. The site is improved with a single-
family residence which encroaches into the
side yard setback along the northwest
property line. (Approximately one foot of
distance exists between the side of the
building and the lot line.) The Applicant
proposes to demolish the existing dwelling
to construct a new single-family residence.
Like the existing home, the new residence
encroaches into the northwest side yard
setback by up to 4.5 feet, leaving six inches
between the building and the lot line.
STAFF FINDINGS:
The criteria for receiving a variance are
strict. The criteria and staff responses can
be found in Exhibit B. A property owner must
demonstrate that reasonable use of the property has been withheld by the City and can only be
achieved by the City providing a variance. In situations where all, or practically all, reasonable
use of a property is made impossible by development regulations, the City is able to grant a
variance to avoid a “regulatory taking”. The property owner must demonstrate that their rights, as
compared with owners of similar properties, have been deprived. In considering these criteria, the
Board of Adjustment must consider unique conditions inherent to the property which are not the
result of the Applicant’s actions and are not applicable to other parcels, buildings, or structures in
the zone district.
Key
Existing building
footprint
5-ft. setback
Figure 2: Subject Site Existing Conditions
6
16 Ajax Avenue – Dimensional Variance
Board of Adjustment
Page 3 of 4
The 2012 Aspen Area Community Plan states that “the design of new affordable housing should
optimize density while
demonstrating
compatibility with the
massing, scale, and
character of the
neighborhood” (pg. 42).
While the variance has no
bearing on density, Staff
believes it results in a
development that is
compatible with the
massing, scale, and
character of the
subdivision. As previously
mentioned, the existing
home currently encroaches
into the side yard setback
along the northwest lot line.
As shown in Figure 3, most
of the homes in the subdivision encroach into their respective setbacks. This development pattern
can be traced back to the early days of the subdivision.
The Smuggler Mobile Home Park was annexed as part of a larger area into the City circa 1979
and later subdivided in 1982 via Ordinance #01, Series of 1982. The Mobile Home Park was split
into two subdivisions – the Smuggler Park Subdivision (aka Parcel A) and the Smugger Run (aka
Parcel C). The subdivisions were overlayed with Planned Developments and zoned to Mobile
Home Park (MHP), which required five-foot setbacks on all sides. 16 Ajax is located within the
Smuggler Run Subdivision.
In 1990, the Smuggler Park Subdivision underwent a PD amendment to avoid repeated issues
with the underlying zoning regulations. The front yard setback was reduced to zero feet, and the
side yard setbacks were updated to ten feet on one side and zero feet on the other side. The PD
encumbering the Smuggler Run Subdivision – the location of 16 Ajax – was never amended. Five-
foot setbacks are required on all sides of each lot.
Staff believes reasonable use of the parcel is possible without a setback variance. No unique
conditions or circumstances prohibit the development of a structure that meets underlying setback
requirements. With that said, it is debatable whether granting a variance confers a special privilege
upon the Applicant. While referencing other properties (when deciding to approve a variance) often
leads to outcomes that are arbitrary and capricious, the existing development pattern of the
Smuggler Run Subdivision is worth considering. As depicted in Figure 3, almost every dwelling
encroaches into its respective northwest side yard setback. The consistency and the extent of this
layout appear fundamental to the origin of the neighborhood. The Land Use Code requires
properties to come into compliance with current zoning standards when demolition is triggered.
Staff acknowledges that requiring compliance with the northwest side yard setback within the
context of the Smuggler Run Subdivision is complicated.
Figure 3: The homes surrounding the subject property are built
into the side yard setback.
7
16 Ajax Avenue – Dimensional Variance
Board of Adjustment
Page 4 of 4
Accommodating the development by granting a one-off setback variance is not ideal. Staff
encourages the Smuggler Run Subdivision to seek a PD amendment that memorializes a
consistent setback standard for all properties within the subdivision. Property owners will benefit
from predictable development rights and avoid potential future conflicts with neighbors.
REFERRAL COMMENTS:
Staff referred this request to the Aspen Pitkin County Housing Authority (APCHA) and the Building,
Engineering, Parks, and Zoning Departments for a cursory review of the proposed residence.
APCHA and Building had no comments on the proposal. Conditions have been added to the
resolution to reflect comments from Engineering, Parks, and Zoning. These conditions will be
reviewed at building permit.
Engineering:
• The site drainage must comply with all rules and regulations as deemed necessary by the
Engineering Department.
• Site must be brought into stormwater compliance.
• If a drywall is to be used, it needs to be located 10’ away from any foundation or property
line.
• A Smuggler Superfund Soil removal permit is required for any excavation dirt removed from
the property.
Parks:
• Parks approval of the requested tree removal on 14 Ajax Avenue (neighboring parcel to the
northwest) is contingent upon receiving written permission from the property owner of 14
Ajax Avenue and the granting of a setback variance on the northwest property line of 16
Ajax Avenue.
Zoning:
• All calculations will be reviewed at building permit.
• If a roof is proposed to overhang onto a neighboring lot, an encroachment license is
required between the applicant and the neighboring property owner.
RECOMMENDATION:
Staff supports the requested variance on the subject property and recommends the Smuggler
Run Subdivision seek a PD amendment to memorialize a consistent setback for all properties.
PROPOSED MOTION (All motions are proposed in the affirmative):
1) “I move to approve BOA Resolution #_____, Series 2024 granting a 4.5-foot setback variance.”
ATTACHMENTS:
BOA Resolution #_____, Series 2024
Exhibit A – Proposed Site Plan
Exhibit B – Variance Review Criteria, Staff Findings
Exhibit C – Application
8
16 Ajax Avenue
BOA Resolution #XX, Series 2024
Page 1 of 3
RESOLUTION #XX
(SERIES OF 2024)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
A DIMENSIONAL VARIANCE FOR THE PROPERTY COMMONLY KNOWN AS 16
AJAX AVENUE, LEGALLY DESCRIBED AS: LOT H, SMUGGLER RUN MOBILE
HOME PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 17,
1983 IN PLAT BOOK 14 AT PAGE 27, AND FIRST AMENDED PLAT OF SMUGGLER
RUN SUBDIVISION RECORDED DECEMBER 21, 2010 IN BOOK 95 AT PAGE 57,
COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No: 2737-074-09-708
WHEREAS, the subject property is in the High-Density Residential (R-3) Zone District
and is improved with an existing non-conforming single-family dwelling located within the five
(5) foot side-yard setback along the northwest property line.
WHEREAS, the Community Development Department received an application for 16 Ajax
Avenue, (the Application) from Brittany Shami and Thomas Menas (Applicant), represented by
Sara Adams, BendonAdams, requesting a setback variance pursuant to Land Use Code Chapter
26.314, to redevelop the property with a single-family dwelling; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete – November 7, 2023, as applicable to this Project;
and,
WHEREAS, during a duly noticed public hearing on January 11th, 2024, the Board of
Adjustment reviewed the application and approved Resolution #XX, Series of 2024, by a XX to
XX (X - X) vote, granting approval for Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1 Variance:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby grants a four and a half (4.5) foot side yard setback variance along
the northwest property line, reducing the setback requirement from five (5) feet to six (6) inches
to redevelop the property as represented in Exhibit A.
No other improvements shall be permitted within established setbacks other than those projections
defined within Land Use Code Subsection 26.575.020.E.5, Allowed Projections into Setbacks.
Section 2 Referral Departments:
The Applicant shall apply for all applicable building permits prior to redevelopment. The
following conditions apply at the time of building permit.
Engineering:
9
16 Ajax Avenue
BOA Resolution #XX, Series 2024
Page 2 of 3
• The site drainage must comply with all rules and regulations as deemed necessary by the
Engineering Department; and,
• The site must be brought into stormwater compliance; and,
• If a drywell is to be used, it must be located 10’ away from any foundation or property line;
and,
• A Smuggler Superfund Soil removal permit is required for any excavation dirt removed
from the property.
Parks:
• Parks approval of the requested tree removal on 14 Ajax Avenue (neighboring parcel to
the northwest) is contingent upon receiving written permission from the property owner of
14 Ajax Avenue and the granting of a setback variance on the northwest property line of
16 Ajax Avenue.
Zoning:
• All calculations will be reviewed at building permit; and.
• If a roof or other projection is proposed to overhang onto 14 Ajax Avenue (neighboring parcel to
the northwest), an encroachment license is required between the applicant and 14 Ajax Avenue.
Section 3 Material Representations:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department and the Board of Adjustment, are hereby
incorporated in such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by other specific conditions or an authorized authority.
Section 4 Existing Litigation:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5 Expiration:
Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from
the date of the approval unless development has commenced as illustrated by the submission of a
building permit or an extension is granted. The subject variance is not a Site-Specific Development
Plan (SSDP), is not vested, and will not receive a Development Order.
Section 6 Severability:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, approved this 11th day of January, 2024.
10
16 Ajax Avenue
BOA Resolution #XX, Series 2024
Page 3 of 3
Approved as to form: Approved as to content:
__________________________ ______________________________
Katharine Johnson, Assistant City Attorney Andrew Sandler, Chair
Attest:
_______________________________
Mike Sear, Deputy City Clerk
Exhibits:
Exhibit A: Approved Site Plan
Exhibit B: Variance Review Criteria, Staff Findings
11
Exhibit A – Proposed Site Plan
Board of Adjustment
16 Ajax Avenue – Dimensional Variance
Page 1 of 1
12
Exhibit B –Variance Review Staff Findings
Board of Adjustment
16 Ajax Avenue Dimensional Variance – Review Criteria
Page 1 of 2
Sec. 26.314.040(a): In order to authorize a variance from the dimensional requirements
of Title 26, the appropriate decision-making body shall make a finding that the following
three (3) circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives
and policies of this Title and the Municipal Code; and
Staff Findings:
While the requested variance from established setback regulations is not generally
consistent with the R-3 Zone District dimensional requirements (26.710.120, High
Density Residential) it does further the purposes, goals, objectives and policies of the
Land Use Code and the Municipal Code.
The 2012 Aspen Area Community Plan (AACP) includes a housing vision statement
that “a strong and diverse year-round community and a viable and healthy local
workforce are fundamental cornerstones for the sustainability of the Aspen Area
community” (AACP, pg. 38). One of the housing policies is that “the design of new
affordable housing should optimize density while demonstrating compatibility with the
massing, scale and character of the neighborhood” (AACP, pg. 42). The proposed
site plan is reflective of the neighborhood and adds a quality dwelling unit to the
affordable housing stock.
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure; and
Staff Findings: The applicant proposes to replace the existing structure due to the
dilapidated existing condition of the structure. A variety of factors led to the current
condition of the residence, including serious water damage prior to the current owner
purchasing the house through the APCHA lottery. The applicant states that the
variance requested is the minimum variance needed to make possible the
reasonable use of the parcel. They assert that the minimum parking requirements,
as well as HOA standards, led to the proposed site plan. While it’s possible that a
home could be built within the underlying 5’ setbacks, it might lead to less separation
between structures on Ajax Avenue. The surrounding properties are built to the
setback on one side; if 16 Ajax were to break that pattern there would be a decrease
in open space.
13
Exhibit B –Variance Review Staff Findings
Board of Adjustment
16 Ajax Avenue Dimensional Variance – Review Criteria
Page 2 of 2
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from
mere inconvenience. In determining whether an applicant's rights would be deprived,
the Board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or
buildings in the same zone district and which do not result from the actions of the
applicant; or
b. Granting the variance will not confer upon the applicant any special privilege
denied the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
Staff Findings: It’s debatable whether granting a variance confers a special
privilege upon the applicant. While referencing other properties (when deciding to
approve a variance) often leads to outcomes that are arbitrary and capricious, the
existing development pattern of the Smuggler Run Subdivision, which was
established at the onset of the development, is worth considering. The granting of
a variance would match the existing conditions of structures within the R-3 Zone
District.
14
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Aspen Board of Adjustment
City of Aspen
426 Rio Grande Place
Aspen, CO 81611
Re: 16 Ajax Avenue, setback variance request
Dear BOA,
Please accept this application for a setback variance at 16 Ajax Avenue on behalf of owners
Brittany Shami and Thomas Means. 16 Ajax Avenue is located in the Smuggler Run – the
Category 4 deed restricted section of the “Smuggler Trailer Park.” The property is zoned R-
3 and contains a dilapidated mobile home. New owners Brittany and Thomas need to
replace the existing home with a new manufactured home. A 6” west side setback variance
is requested to maintain the pattern of development in Smuggler Run and to accommodate
the pre-fabricated manufactured home and required parking. Smuggler Run HOA and the
neighbor at 14 Ajax Avenue support this request. In addition, the Parks Department
indicates support for removal of the large spruce tree at 14 Ajax Avenue that overhangs 16
Ajax Avenue along
the west elevation
and for the two aspen
trees at the front of
the property.
The Smuggler Mobile
Home Park (Park)
includes 2 Parcels;
Parcel A is the
Smuggler Park SPA,
and Parcel C is the
Smuggler Run
Subdivision. 16 Ajax
Avenue is one of 17
lots located within
Smuggler Run, Parcel
C.
Figure 1: Map of Smuggler Mobile Home Park. Blue outline delineates Smuggler Run – the Category 4 deed restricted
housing , Smuggler Park – RO lots- is located to the south.
Smuggler Park –
RO Lots
Smuggler
Run – Cat. 4
Lots
15
16 Ajax Avenue
2737.074.09.708
BOA variance
Page 2 of 6
Background
1982 The Smuggler Mobile Home Park SPA was approved on Feb 22, 1982 and the
Smuggler Mobile Home Park plat laid out 2 parcels within the Park: Parcel A –
Smuggler Mobile Home Park Subdivision (87 Lots) and Parcel C – Smuggler Run
Mobile Home Park Subdivision (17 Lots).
• Both parcels were zoned “MHP” Mobile Home Park and subject to use and
density regulations of the zone.
• Deed restrictions were placed on resale of all mobile homes in both parcels.
Smuggler Run (including 16 Ajax) is classified as Middle Income (Category 4),
and Parcel A is Resident Occupied (RO).
1990 City Council adopted Ordinance No. 40, Series of 1990, an SPA Amendment
applicable only to Parcel A (not Smuggler Run). Among other amendments,
Ordinance No. 40 adopted specific setback allowances for Parcel A including:
Minimum front yard – 0 ft. (excluding hitch) with an average 8 ft. limited
common element intended to be used for off-street parking
Minimum side yard – 10 ft. on one side and 0 ft on the other side
Minimum rear yard – 5 ft.
Despite a similar pattern of development and identical zoning, the setback
changes do not apply to Smuggler Run (16 Ajax Avenue) which remains subject to
the setback requirements in the R-3 High Density Residential zone district
including:
Minimum front yard – 5 ft. (excluding hitch)
Minimum side yard – 5 ft. both sides
Minimum rear yard – 5 ft.
Proposal
Owners Brittany Shami and Thomas Menas request a west side setback variance to replace
the existing dilapidated trailer with a new manufactured home (Exhibit A). The existing
home sits on the west property line and the new home is proposed to be in the same
location – a 6” setback variance on the west elevation is requested. A rear yard deck and
potential hot tub are proposed but will be 30” or less above grade to comply with setback
allowances.
While the Smuggler Park properties are permitted to have 0 ft. and a 10 ft. side setbacks,
Smuggler Run is subject to 5 ft. side setbacks. All of lots on the south side of Ajax Avenue
within Smuggler Run are 34 feet wide and are constructed on the side lot line to create a
side yard, meet parking requirements, and provide space between buildings (Figure 2). It
16
16 Ajax Avenue
2737.074.09.708
BOA variance
Page 3 of 6
is important for this pattern of development to continue as manufactured homes are
replaced moving forward. What appears to be the most recent manufactured home
replaced in the neighborhood, 2 Ajax Avenue, received a Board of Adjustment side and
front setback variance, and Residential Design Standard variance, in 2009 (Reso 1-2009).
Figure 2: 2020 aerial image of Smuggler Run. Blue star identifies 16 Ajax Avenue.
Figure 3: 16 Ajax Avenue looking south toward Aspen Mtn. 16 Ajax is
almost on west property line which allows the required 2 parking spaces. Figure 4: 16 Ajax Avenue (left) and 14 Ajax Avenue (right). Note the head in
parking and location of 14 Ajax Avenue.
17
16 Ajax Avenue
2737.074.09.708
BOA variance
Page 4 of 6
Review Criteria
26.314.040 Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision - making body shall make a finding that the following three
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Title 26 of the Municipal Code (known as the Land Use Code) provides zoning limitations
and development standards for properties in the City of Aspen. The purpose of Title 26,
stated in 26.104.020 includes the analysis of various development factors “and the
legitimate rights and reasonable expectations of property owners.”
All development and uses of land are to be considered within the context of “natural
environmental character of the City” and architectural/aesthetic character of the City. The
purpose of the R-3 High Density Residential Zone District “is to provide for the use of land
to locate manufactured housing for intensive long-term residential purposes, Short-term
Rentals, and customary accessory uses and less intensive office uses.”
Brittany and Thomas have to replace the existing unlivable manufactured home and have
a legitimate and reasonable expectation, and requirement, to purchase a new
manufactured home to be placed at 16 Ajax Avenue. The name of the zone district “High
Density Residential” (R-3) directly implies that homes are built relatively close together. A
variance to required side setback to enable the development of a home on this property is
consistent with the purpose of the Zone District.
2. The grant of variance is the minimum variance that will make possible the
reasonable use of the parcel, building or structure; and
The proposed side setback variance in the minimum variance needed to make possible the
reasonable use of the parcel. Two onsite parking spaces in a configuration similar to the
Smuggler Run plat require the home to be replaced 6” off the west property line. A
18
16 Ajax Avenue
2737.074.09.708
BOA variance
Page 5 of 6
standard parking space is 8.5’ wide and two spaces measure 17’ wide. The property is 34’
wide and the manufactured home is 24’4.5”total wide with half of the front façade inset to
allow space for a front porch and a parking space as shown in Figure 6.
As there is no other practical way to fit a manufactured home and parking on these small
lots, this is the pattern of development along the south side of Ajax Avenue (lots are wider
on the north side of Ajax Avenue). The application is supported by the Smuggler Run HOA
and adjacent neighbor located at 14 Ajax Avenue who is arguably most impacted by the
setback variance.
3. Literal interpretation and enforcement of the terms and provisions of this Title
would deprive the applicant of rights commonly enjoyed by other parcels in the
same zone district and would cause the applicant unnecessary hardship, as
distinguished form mere inconvenience. In determining whether an applicant’s
rights would be deprived, the Board shall consider whether either of the
following conditions apply:
a. There are special conditions and circumstances which are unique to the
parcel, building or structure, which are not applicable to other parcels,
structures or buildings in the same zone district and which do not result
from the actions of the applicant; or
b. Granting the variance will not confer upon the applicant any special
privilege denied by the terms of this Title and the Municipal Code to
other parcels, buildings or structures, in the same zone district.
Complying with the literal interpretation of the side setbacks creates an unnecessary
hardship for Brittany and Thomas. All other manufactured homes on the south side of
Figure 5: Smuggler Run plat showing head in parking for all lots. Note: the actual
development of the subdivision has parking on the east side of the lot not the west as
shown above.
Figure 6: Detail of proposed site plan showing head in parking and location of
manufactured home 1’ off west side yard.
19
16 Ajax Avenue
2737.074.09.708
BOA variance
Page 6 of 6
Ajax Avenue sit within the west side setback. In addition, the homes in the Smuggler Park
section of this neighborhood have a 0’ side setback. The required parking and the pre-
fabricated design of these homes (i.e., not a custom stick built home) cannot meet the
required setbacks. The requested side setback variance is the minimum necessary for, and
to provide the property with the same privilege allowed other properties in the same zone
district and Smuggler Run neighborhood.
Thank you for considering this reasonable request. We are happy to arrange a site visit if
that is helpful to inform your decision. Please contact me if we can provide any additional
information for your review.
Kind Regards,
Sara Adams, AICP
BendonAdams, LLC
Exhibits
A – Proposed site plan and visual representations
B – Existing survey
C- Land use application form
D- Vicinity Map
E – Authorization to represent
F- Proof of ownership
G – Agree to Pay
H – HOA form
I – Pre-application summary
J - Mailing list
20
B
O
A
DATE REVISION
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
11.10.23 BOARD OF ADJUSTMENT
ARCH 100 = 7967'-0"16 AJAX STREET Aspen Colorado 81611 Parcel ID: 273707409708N N
G
A
S
G
A
S
G
A
S
GAS
WWWWWWWWWWWWWWWWSSSSSSS
EE
E
UNDERGROUND
ELECTRIC LINE
ELECTRIC
PEDESTAL
EXISTING FENCE
TO BE REMOVED
RELOCATE
GAS METER
EXISTING FENCE
TO REMAIN
EDGE OF NEIGHBORING HOME
EDGE OF NEIGHBORING HOME
EXISTING FENCE
TO BE REMOVED 14
'
-
7
1
/
2
"
4'-11"
SITE PLAN NOTES:
1. SCALE 1/4" = 1'-0" on 24x36 size
2. REFER TO SURVEY 10/16/23
3. WATER LINE
SANITARY WASTE LINE
ELECTRIC SERVICE LINE
GAS SERVICE LINE
4. EXISTING STRUCTURE
5. EXISTING FENCE
W W
E E
G G
S S
A0-0 SITE PLAN
scale: 1/4" =1'-0"
Lot Area =3,033 Sq.Ft.
Lot Coverage :
Modular = 1,450 Sq.Ft
Deck = 240 Sq.Ft
Porch = 66 Sq.Ft
Hot Tub = 49 Sq.Ft.
Parking = 306 Sq.Ft.
S 45 43'00" W
N 45 43'00" E88.99'88.42'S
4
5
0
0
'
0
0
"
E
34.
0
0
'
N
4
4
1
7
'
0
0
"
E
34
.
0
0
'
NEIGHBOR PINE
25' DRIP LINE
TO BE REMOVED AJAX STREETDECK w/PERGOLA
10'X24'
HOT TUB
7'X7'
NOTE:HOT TUB NOT TO EXCEED 30"
ABOVE OR BELOW FINISHED GRADE
MUST NOT BE VISABLE FROM
THE STREET
NEW 6' HIGH FENCE
COVERED
PORCH
5'-1"X12'
66'-0"
10'-0"
10'-1 1/2"
2'-10 1/2"53'-0"
12'-10 1/2"
23'-6 1/2"
6"12'
-
2
1
/
4
"
12
'
-
2
1
/
4
"
9'-
1
1
/
2
"
6
1
/
2
"
9'
-
1
1
/
2
"
24
'
-
4
1
/
2
"
PROPOSED FENCE & GATE
MAX HEIGHT 8'-0"
DOWN 2
@7"
DOWN 2
@7"
PARKING #1
8'-6"X18'
PARKING #2
8'-6"X18'
NEW HERITAGE HOME
66'X24'-4 1/2"
100'-0" = 7967'
SITE 1.00
SCALE: 1/4" =1'-0"
SITE
PLAN
DOWN 2
@7"
PATH TO
STREET
Exhibit A
21
DATE REVISION
TITLE #
PAGE #
the PBRworkshop
301 W. HYMAN STE. #6
ASPEN CO 81611
970-274-0481 or
amos@pbrworkshop.com
11.10.23 BOARD OF ADJUSTMENT
ARCH 100 = 7967'-0"16 AJAX STREET Aspen Colorado 81611 Parcel ID: 273707409708N N 8'-10 1/2"4'-0"4'-6"6'-0"24'-4 1/2"13'-9 1/2"A0-0 FRONT ELEVATION
scale: 1/4" =1'-0"
RDS 1.00
FRONT
ELEVATION
22
O.C.D.
S.G.
"E"
R.M.C.
TB
ICE
C
SM DT
SM/CO DT
4 PLEX
220 V.
W.P.
G
WS
B
AFAR AR A
R A
CF
W/O LT
W/ LT
BUILDING CODES
WOOD FRAME - UNPROTECTED
USE GROUP - SINGLE FAMILY
MIN. FIRE SEPARATION ≤ 5FT
COLORADOPITKIN COUNTY
8 CCR 1302-14
ADMIN. RULES
2018 IRC
2018 IMC
2018 IPC
2020 NEC
2015 IECC
2015 IRC
2015 IMC
2015 IPC
2017 NEC
2015 IECC
HERITAGE HOMES
OF NEBRASKA, INC.
SP
TV/PH
PH
TV
PW
LT
C
P
4R
6R
E
4L
6L
P.C.
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.
GENERAL NOTESELEVATION
FLOOR PLAN
MECHANICAL/ELECTRICAL/PLUMBING
1.
2.
3.
THESE PLANS WERE DESIGNED TO CONFORM
WITH THE INTERNATIONAL RESIDENTIAL CODE
AND THE NATIONAL ELECTRIC CODE. DUE TO
CONTINUOUS CHANGES IN BOTH LOCAL AND
NATIONAL BUILDING CODES, ACCOMODATING ALL
BUILDING RESTRICTIONS IS IMPOSSIBLE.
THEREFORE, THESE PLANS ARE SUBJECT TO
LOCAL REQUIREMENTS AND INTERPRETATIONS. IT
BECOMES THE RESPONSIBILITY OF THE BUILDER
TO MAKE CERTAIN THESE PLANS COMPLY TO
LOCAL CODE REQUIREMENTS.
EVERY EFFORT HAS BEEN MADE TO ELIMINATE
ERRORS DURING THE PREPARATION OF THESE
DRAWINGS. BECAUSE HERITAGE HOMES OF
NEBRASKA, INC. CANNOT GUARANTEE AGAINST
THE POSSIBILITY OF HUMAN ERROR. IT IS THE
OBLIGATION OF THE BUILDER TO VERIFY THE
ACCURACY OF ALL DETAILS, DIMENSIONS, AND BE
PERSONALLY RESPONSIBLE FOR THEM.
THE PLANS, DRAWINGS, SPECIFICATIONS,
DESIGNS, AND ENGINEERING HAVE BEEN
DEVELOPED BY HERITAGE HOMES OF NEBRASKA,
INC. SOLELY FOR ITS USE IN PREPARING AND
SUBMITTING CONSTRUCTION CONTRACTS,
HERITAGE HOMES OF NEBRASKA, INC. MAKES NO
WARRANTY OF ANY KIND, LIABILITY, OR
RESPONSIBILITY WHATSOEVER FOR THE
PROPERIETY, EFFICACY, OR FITNESS OF SUCH
WORK WHEN USED BY ANY OTHER PARTY FOR
ANY OTHER PURPOSE, EXCEPT WHEN COVERED
BY HERITAGE HOMES OF NEBRASKA, INC.
WARRANTIES ACCOMPANYING ITS OWN
CONTRACTS.
1.
2.
3.
4.
ALL PORCHES, DECKS AND GARAGES ARE THE
RESPONSIBILITY OF AN ON-SITE CONTRACTOR.
CONTINUOUS RIDGE AND SOFFIT VENTS ARE
STANDARD.
VENT PIPES AND FLUES ARE TO BE EXTENDED
THROUGH DORMERS AND GARAGE ROOFS BY
ON-SITE CONTRACTOR.
ALL FINISHED GRADE LINES ON DRAWINGS ARE
APPROXIMATE. FINAL GRADE MAY VARY.
1.
2.
3.
4.
EXTERIOR DIMENSIONS ARE FROM SHEATHING TO
SHEATHING.
ANY DRYWALL WRAPPED MATING WALL
OPENINGS ARE TO BE FINISHED BY AN ON-SITE
CONTRACTOR.
5/8" TYPE-X DRYWALL ON GARAGE SIDE OF ANY
ADJOINING WALL.
GROUT FOR FLOOR TILE SUPPLIED BY HERITAGE
HOMES OF NEBRASKA, INC., BUT APPLIED BY
ON-SITE CONTRACTOR.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
SWITCH, OUTLET, MECHANICAL, AND OTHER
UTILITY LOCATIONS ARE APPROXIMATE.
IT IS THE RESPONSIBILITY OF THE BUILDER TO
VERIFY THE ON-SITE PLUMBER HAS PROPERLY
CHECKED AND TIGHTENED FITTINGS ON SUPPLY
LINES, AND CONNECTIONS OF WASTE LINE
FITTINGS PRIOR TO TURNING ON WATER.
INSTALL DRYER VENT MATERIAL ONSITE PER
M1501.
1/2" SUPPLY DROPS PROVIDED AT EACH FIXTURE.
MINIMUM 3/4" DISTRIBUTION LINE REQUIRED BY
ON-SITE CONTRACTOR.
ALL ELECTRICAL WORK IN BASEMENT DONE BY AN
ON-SITE CONTRACTOR.
GROUND FAULT AND ARC FAULT PROTECTION
PER NATIONAL ELECTRICAL CODE.
KITCHEN SMALL APPLIANCE CIRCUITS TO BE GFCI
PROTECTED.
EQUIPMENT AND APPLIANCES HAVING AN
IGNITION SOURCE SHALL BE ELEVATED SO THE
SOURCE OF IGNITION IS NOT LESS THAN 18
INCHES ABOVE THE FLOOR IN HAZARDOUS
LOCATIONS AND PRIVATE GARAGES IN
ACCORDANCE WITH THE INTERNATIONAL
RESIDENTIAL CODE.
FURNACE, BOILERS, WATER HEATERS, AND
DUCTING ALL DESIGNED, PROVIDED, AND
INSTALLED ON-SITE BY OTHERS UNLESS NOTED
OTHERWISE.
ALL TUBS, TUBS/SHOWERS, AND SHOWERS ARE
EQUIPPED WITH ANTI-SCALD 120 DEGREE MAX.
MIXING VALVES.
COMPLETION OF THERMAL ENVELOPE
RESPONSIBILITY OF ON-SITE CONTRACTOR.
FOUNDATION
1.
2.
3.
4.
5.
6.
7.
THESE DRAWINGS ARE INTENDED TO PROVIDE
OVERALL PLAN-VIEW DIMENSIONS ONLY. PIERS,
FOOTINGS, FOUNDATION SIZES, AND DESIGNS
ARE TO BE BASED ON SITE SOIL CONDITIONS. ALL
PIERS, FOOTINGS, FOUNDATIONS, AND OTHER ON-
SITE CONSTRUCTION SHALL COMPLY WITH ALL
APPLICABLE STATE AND LOCAL CODES.
ALL WORK BELOW FLOOR SYSTEM TO BE
DESIGNED AND COMPLETED BY AN ON-SITE
CONTRACTOR.
FOUNDATION WALLS INSULATED TO MIN. R-10,
EXCEPT FOR A CRAWL SPACE, UNLESS NOTED
OTHERWISE.
INSULATE FLOOR SYSTEM TO R-30 WHEN ON A
CRAWL SPACE UNLESS NOTED OTHERWISE.
FOR CRAWL SPACE FOUNDATIONS, INSTALL
FOUNDATION VENTS TO PROVIDE VENTING PER
INTERNATIONAL RESIDENTIAL CODE.
IN BASEMENT GARAGES, 5/8" TYPE-X DRYWALL IS
REQUIRED ON WALLS AND CEILINGS WITH
MINIMUM R-19 INSULATION IN CEILING UNLESS
NOTED OTHERWISE.
IN BASEMENT GARAGES, STEEL BEAMS MUST BE
PROTECTED BY MINIMUM 1/2" DRYWALL.
SYMBOL LEGEND
SYMBOL DESCRIPTION SYMBOL DESCRIPTION SYMBOL DESCRIPTION
LIGHTS FANS PLUG-IN OUTLETS
STANDARD LIGHT
CFL LAMPS
PULL-CHAIN LIGHT
CFL LAMPS
6" LED SURFACE MOUNT LIGHT
4" LED SURFACE MOUNT LIGHT
6" EYEBALL RECESSED LIGHT
LED LAMPS
6" RECESSED LIGHT LED LAMPS
4" RECESSED LIGHT LED LAMPS
PENDANT LIGHT
CFL LAMPS
CANISTER LIGHT
KITCHEN/DINING ROOM
CHANDELIER - CFL LAMPS
STAIR CHANDELIER
CFL LAMPS
CANTILEVER CHANDELIER
CFL LAMPS
LED UNDER CABINET LIGHT
4' TRACK LIGHTING
CFL LAMPS
SCONCE LIGHT
CFL LAMPS
FLOOD LIGHT
T.V. & PHONE OUTLETS
ROUGH-IN ONLY LIGHT
BATHFAN W/ LIGHT
MIN. 50 CFM - CFL LAMP
EXHAUST FAN
MIN. 50 CFM
ROUGH-IN ONLY CEILING FAN
(2 SWITCHES PROVIDED)
SWITCHES
CEILING FAN W/ LIGHT (2
SWITCHES PROVIDED)
CFL LAMPS
CEILING FAN W/O LIGHT
(1 SWITCH PROVIDED)
SINGLE SWITCH
3-WAY SWITCH
4-WAY SWITCH
DIMMER SWITCH
3-WAY DIMMER SWITCH
TIMER SWITCH
TRI-PLEX SWITCH
CEILING FAN SWITCH
H.V.A.C.
SINGLE RETURN AIR VENT
DOUBLE RETURN AIR VENT
TOE KICK REGISTER
PULL WIRE
TV WIRE
PHONE WIRE
TV/PHONE WIRE
SPEAKER WIRE
4X10 FLOOR REGISTER
2X12 FLOOR REGISTER
WALL STACK
110V OUTLET
110V GFCI PROTECTED
OUTLET
110V WEATHER PROOF GFCI
OUTLET
110V SWITCHED OUTLET
110V 4-PLEX OUTLET
110V FLOOR OUTLET
220V OUTLET
MISC.
SMOKE/CO DETECTOR
SMOKE DETECTOR
THERMOSTAT
DOOR BELL CHIME
ICE MAKER BOX
CAPPED HALF-WALL
INSULATED WALL
TOWEL BAR
RECESSED MEDICINE CABINET
WINDOW WHICH MEETS
EGRESS REQUIREMENTS
SAFETY GLASS
OPENING CONTROL DEVICE
BRACED WALL PANEL (WSP)
48" TYP. UNO
BRACED WALL PANEL (GB)
96" TYP. UNO
SQ. FOOTAGE
FRAMINGS SPECS.
JOB STATUS
1ST FLOOR
2ND FLOOR
BASEMENT
TOTAL
GARAGE
1ST FLOOR WALLS
2ND FLOOR WALLS
FOUNDATION WALLS
1ST FLOOR HEIGHT
2ND FLOOR HEIGHT
FOUNDATION HEIGHT
DATE DWN BY
PA
A
CO1
CO2
CO3
CO4
CO5
CO6
CO7
SQ FT.
SQ FT.
SQ FT.
SQ FT.
SQ FT.
DESIGN LOADS
INDEX
LIVE LOAD (Pg)
FLOOR LIVE LOAD
WIND LOAD
EXPOSURE
SEISMIC
ROOF
(VULT)
PSF
PSF
MPH
(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATIONS
S3
S4
SD
S3D
ST
SSS
S
8/4/2023 9:52:40 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
A0.1
1450
NA
NA
1450
NA
2X6
NA
8"
9'-0 1/4"
NA
4'
3/16/2023
5/18/2023 IL
IL
8/1/2023IL
GENERAL
A0.1 COVER SHEET
A0.2 SCHEDULES & DIAGRAMS
ARCHITECTURAL
A1.1 EXTERIOR ELEVATION
A2.1 1ST FLOOR PLAN
A3.1 DETAILS
ELECTRICAL
E1.1 1ST FLOOR ELECTRICAL
STRUCTURAL
S1.1 FOUNDATION PLAN
S2.1 CROSS SECTION
75
40.0
115.0
C
B
7825
Exhibit A
23
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:41 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
A0.2
7825
EXTERIOR DOOR SCHEDULE
#MNFR.MNFR. #R.O.
DOOR
SWING
# OF
DOORS
DOOR
WIDTH
DOOR
HEIGHT
JAMB
WIDTHDEADBOLT
HARDWARE
STYLE
HARDWARE
TYPE
HARDWARE
FINISHU-VALUE SHGC
DOOR
TYPE
GLAZING
SQFT./TYPE HEADER KING/JACK
DESIGN
PRESSURE NOTES
ED1THERMA TRUS20638.5" X 82"RIGHT13' - 0"6' - 8"7 3/8"NoHALIFAXENTRYMATTE BLACK0.22 0.09 ENTRY 5.5 (3) SPF #2 2X6 (1)(1)65 PSF CLAD DOOR JAMB
INTERIOR DOOR SCHEDULE
#MNFRMNFR#R.O.
DOOR
SWING
# OF
DOORS
DOOR
WIDTH
DOOR
HEIGHT
JAMB
WIDTH
HARDWARE
STYLE
HARDWARE
TYPE
HARDWARE
FINISHNOTES
ID1BAYER BUILTSMSH232" X 82.5"LEFT22' - 6"6' - 8"9 1/4"HALIFAXPASSAGEMATTE BLACK(SR-3085)
ID2BAYER BUILTSMSH230" X 82.5"LEFT12' - 4"6' - 8"4 9/16"HALIFAXPRIVACYMATTE BLACK(SR-3085)
ID3BAYER BUILTSMSH234" X 82.5"RIGHT12' - 8"6' - 8"9 1/4"HALIFAXPASSAGEMATTE BLACK(SR-3085)
ID4BAYER BUILTSMSH231" X 81"BARN DOOR12' - 6"6' - 8"4 9/16"BARN DOORBLACKBARN DOOR
HARDWARE,
(SR-3085)
ID5BAYER BUILTSMSH274" X 82.5"BI-PASS23' - 0"6' - 8"4 9/16"MATTE BLACK(SR-3085)
ID6BAYER BUILTSMSH232" X 82.5"RIGHT12' - 6"6' - 8"6 9/16"HALIFAXPRIVACYMATTE BLACK(SR-3085)
ID7BAYER BUILTSMSH266" X 82.5"POCKET22' - 8"6' - 8"4 9/16"POCKETMATTE BLACK(SR-3085)
WINDOW SCHEDULE
#QUANTITYMNFR.MNFR. #R.O.SWINGEGRESSS.G.O.C.D.U-VALUES.H.G.C.LIGHTVENTTYPEHEADER KING/JACK
DESIGN
PRESSURE NOTES
11GERKINCFC724272" X 42"NoNoNo0.270.1912.61004.06CASEMENT(3) SPF #2 2X6 (1) (1)135 PSF
24GERKINC367236" X 72"RIGHTYesNoNo0.270.1913.090011.25CASEMENT(3) SPF #2 2X6 (1) (1)60 PSF
35GERKINC367236" X 72"LEFTYesNoNo0.270.1913.090011.25CASEMENT(3) SPF #2 2X6 (1) (1)60 PSF
41GERKINT3614.536" X
14.5"
NoYesNo0.250.181.92000TRANSOM(3) SPF #2 2X6 (1) (1)60 PSF
51GERKINCF184818" X 48"NoYesNo0.270.193.31000.0000FIXED(3) SPF #2 2X6 (1) (1)135 PSF
62GERKINC304230" X 42"LEFTNoYesNo0.270.195.58005.09CASEMENT(3) SPF #2 2X6 (1) (1)135 PSF
71GERKINP969696" X 96''LEFT0.330.2352.032025.4080PATIO DOOR(3) SPF #2 2X6 (1)(1)45 PSF SR-3004
81GERKINP969696" X 96''RIGHT0.330.2352.032025.4080PATIO DOOR(3) SPF #2 2X6 (1)(1)45 PSF SR-3004
91GERKINC304230" X 42"LEFTNoNoNo0.270.195.58005.09CASEMENT(3) SPF #2 2X6 (1) (1)135 PSF
24
LANDMARK IMPACT RESISTANT (I.R.) SHINGLES
19/32" O.S.B. SHEATHING
R-50 ATTIC INSULATION
MEMBRANE ROOFING UNDERLAYMENT
(GRACE ICE & WATER SHIELD ENTIRE ROOF)
LP SMARTSIDE SIDING
3/4" FOAM INSULATION
VINYL WINDOWS W/1X4 WINDOW TRIM
24" O.H.
3"12"4"
12"
24''
O.H.
4"
12"
3"
12"
1X8 BEVELED CEDAR
LAP SIDING
16" O.H.
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:43 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
A1.1
7825
1/4" = 1'-0"
FRONT ELEVATION
1/8" = 1'-0"
LEFT ELEVATION 1/8" = 1'-0"
RIGHT ELEVATION
1/8" = 1'-0"
REAR ELEVATION
1/16" = 1'-0"
ROOF OVERVIEW
25
COMFORTLEVELCOMFORTLEVELSHOWER DOORDBWBWASHERDRYERSTACKED UNITS6179.5ATTIC
ACCESS
22" X 33"24" LINENCABINETA
A A
A
RARA RARARARA
A B
B
BAA
ICEFLR TOCEIL ADJ.SHELVESFA0
S2.1
NOTES:
-WOOD JAMB & CASING WINDOW TRIM
-SKIP TROWEL DRYWALL TEXTURE AT
WALLS AND CEILINGS
-12 GAUGE WIRE THROUGH OUT
-WHITE SWITCH AND OUTLETS PLATE
COVERS
-GROUT FOR FLOOR TILE SUPPLIED BY
HERITAGE HOMES BUT APPLIED BY ON-
SITE CONTRACTOR
-WHITE PAINTED TRIM (176A CASING
W/239B BASE)
-WHITE INTERIOR PAINT
66' - 0"
53' - 0"13' - 0"24' - 4 1/2"DOUBLE RODS & SHELVES4' - 3"13' - 0"11' - 0"7' - 4"7' - 0"10' - 5"5' - 5"7' - 7"12' - 2 1/4"12' - 2 1/4"6' - 11"5' - 3 1/4"5' - 10 1/4"6' - 4"5' - 8 7/8"14' - 3 1/8"4' - 0"7' - 10"10' - 2"10' - 1"8' - 0"5' - 11"3' - 10"8' - 4 1/4"2' - 3 1/4"6' - 8"3' - 3"6 7/16"21' - 2 5/8"2' - 0"4 1/2"15' - 0"6 1/2"7' - 5"4 1/2"5' - 0"6 7/16"6 7/16"11' - 3 1/4"9 1/8"11' - 3 1/4"6 7/16"6 7/16"14' - 8 11/16"6 1/2"5' - 9"4 1/2"12' - 0"4 1/2"5' - 0"4 1/2"15' - 0"6 1/2"10' - 3"6 7/16"
123 2 3 4
56
ED136
ID4
23
8
12' - 5"CSD (TALL)
ID3ID1 ID1 ID6ID2ID7W.S.
KITCHEN
VINYL PLANK (164sf)
(SHIP LOOSE)
LIVING ROOM
VINYL PLANK (241sf)
BEDROOM 2
VINYL PLANK (115sf)
UTILITY
VINYL PLANK (65sf)
OFFICE
VINYL PLANK (118sf)
BEDROOM 1
VINYL PLANK (154sf)(SEE NOTES)
BATH 2
TILE (112sf)
(SEE NOTES)
BATH 1
TILE (57sf)
200 AMP
PANEL
BOX
ID5
VENT RANGE
HOOD TO
EXTERIOR
CRAWL
SPACE
ACCESS
24" X 30"FURN.23
59'' EATON
ACRYLIC
FREESTANDING
TUB (SR-3084)
9
7
(SHIP LOOSE)
VINYL PLANK (78sf)2' - 0"1'' ELECT. CONDUIT
DOUBLE RODS & SHELVESVINYL PLANK (57sf)
(SHIP LOOSE)
ENTRY
VINYL PLANK (57sf)
NNXT 3339
NNXT 3339FROST
FREE
HOSE BIB
FROST FREE
HOSE BIB
INSTALLED @
FACTORY
TRANS STRIP
FROST FREE
HOSE BIB
INSTALLED @
FACTORY
(17sf)6'-0'' X 12' 2 3/8'' COVERED PORCH BY ON-SITE CONTRACTORSIGNATURE HARDWARE
LENTZ TUB FILLER
FAUCET(BLACK) (SR-3061)3' - 11 1/4"4' - 8"
R.I. ONLY FOR ON-
SITE STEAM
SHOWER. (NO
SHOWER BASE,
BACKER BOARD,
OR TILE AT
FACTORY). SHIP
LOOSE SHOWER
TRIM.
GLASS SHOWER
ENCLOSURE FOR ON-
SITE STEAM SHOWER
TO BE PURCHASED AND
INSTALLED ON-SITE
TB
TB
ROUGH-IN
WINE COOLER
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:44 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
A2.1
7825
1/4" = 1'-0"
1ST FLOOR
26
BBC4834.5
B1834.5RANGEW3627BDREF.W3724BDB1834.5B2434.5BD
ASB3634.5BDDWEP2.187534.5B1834.5WCS2442W/SHELFW1842W1842W2442BDW2442BDW1842
D.W.
BIUCM2434.5B1834.5B1834.5
2" FILLFA RANGEW3627BDW1842W1842BS3034.5BDLTLT
VC6D6031.5BD61LT LT
VS2731.5BDVS2731.5BD0.75" FILL
0.75" FILL
V3D1231.579.5V3D1231.524" LINENCABINETVLV2484BD6' - 0"7' - 0 1/4"1' - 8 7/16"
9' - 6 1/4"
6' - 0"2' - 0 1/4"4' - 6"2' - 0 1/4"2 3/16"
14' - 8 11/16"
11' - 3 1/4"
3' - 6"3' - 0 1/4"1' - 6"3' - 3"
36'' MIN
VENT RANGE HOOD
TO EXTERIORROUGH-IN ON-SITE 36'' S.S.
COMMERCIAL RANGE HOOD
5' - 0"
1" O.H.1" O.H.3' - 4"4' - 2"
5' - 4"3' - 6"VENT RANGE
HOOD TO
EXTERIOR
R.I. ON-SITE 36''
S.S. COMMERCIAL
RANGE HOOD
R.I. ON-SITE
WINE COOLER
ON-SITE 36''
SMART ALL GAS
COMMERCIAL
STYLE RANGE
1" O.H.1" O.H.
2' - 8"1' - 2"9' - 0 1/4"60" X 36"
MIRROR
1" O.H.7' - 3 11/16"1' - 2 1/4"4' - 3"1' - 2 1/4"9' - 0 1/4"21" X 36"
MIRROR
21" X 36"
MIRROR
7' - 3 11/16"EXTENDED FACE FRAME
EXTENDED FACE FRAMEEXTENDED FACE FRAME5' - 7"1' - 6"5' - 7"1' - 6"16''
O.H.
NNXT 3339
NNXT 3339
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:45 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
A3.1
7825
KITCHEN NOTES:
-MATCHING CABINET DRAWER FRONTS
-ALBANY STYLE CABINET DOORS
-PAINTED KITCHEN CABINETS
-QUARTZ COUNTER TOP
-DELETE TILE BACKSPLASH
-SOFT CLOSE DOOR DEVICES
-MOEN ARBOR 7594 BL FAUCET (SR-3059)
-KARRAN QA-740 SINGLE BOWL FARM SINK
(BLK) (SR-3060)
BATHROOM NOTES:
-6'' QUARTZ BACKSPLASH
-QUARTZ TOPS W/UNDERMOUNT SINKS
-ALBANY STYLE CABINET DOORS
-MATCHING CABINET DRAWER FRONTS - BATH 1
-3/4" SLAB CABINET DRAWER FRONTS - BATH 2
-PAINTED VANITIES
-SOFT CLOSE DOOR DEVICES
UTILITY NOTES:
-MATCHING CABINET DRAWER FRONTS
-ALBANY STYLE CABINET DOORS
-PAINTED CABINETS
-QUARTZ COUNTER TOP
-SOFT CLOSE DOOR DEVICES
-6'' QUARTZ BACKSPLASH
IF YOUR
REFRIGERATOR
REQUIRES MORE
THAN 36" IN
WIDTH, PLEASE
ADVISE YOUR
BUILDER
PRIOR TO
FINALIZING
PLANS
REF.
-NOTE-
ON-SITE CAFE
36'' SMART
ALL GAS
COMMERCIAL
STYLE RANGE
KITCHEN PERSPECTIVE
3/8" = 1'-0"
A - KITCHEN
3/8" = 1'-0"
B - KITCHEN
3/8" = 1'-0"
C - KITCHEN
3/8" = 1'-0"
KITCHEN OVERVIEW
3/8" = 1'-0"
UTILITY
3/8" = 1'-0"
UTILITY OVERVIEW
3/8" = 1'-0"
BATH 1
3/8" = 1'-0"
BATH 1 OVERVIEW
3/8" = 1'-0"
BATH 2
3/8" = 1'-0"
BATH 2 OVERVIEW
3/8" = 1'-0"
BATH 1 LINEN OVERVIEW
3/8" = 1'-0"
BATH 1 LINEN
3/8" = 1'-0"
LIVING ROOM FIREPLACE
3/8" = 1'-0"
BEDROOM 1 FIREPLACE
FIREPLACE NOTES:
-OAK BEAM MANTEL
-RAISED FIREPLACE
-DELETE TILE FACE
-DELETE TILE HEARTH
3/8" = 1'-0"
D - KITCHEN
3/8" = 1'-0"
DOOR DETAIL
3/8" = 1'-0"
LIVING ROOM FIREPLACE OVERVIEW
3/8" = 1'-0"
BEDROOM 1 FIREPLACE OVERVIEW
DWROUGH-IN
WINE
COOLER
MICRO
27
COMFORTLEVELCOMFORTLEVELSHOWER DOORDBWBWASHERDRYERSTACKED UNITS6179.5ATTIC
ACCESS
22" X 33"24" LINENCABINETSM DT.
SM DT.
SM/CO DT.
A
A A
A
RARA RARARARA
A B
B
C
CF
CF
CF
CF
L6
L6 L6
L6
L6
L6L6
L6
L6
L6L6
L6
L6
L6L6
L6L6
L6L6L6
L6
L6
16" LED
L6
L6
L6L6
L6
L6
L6
L6
S3DSDSS3D
P
SDSDS
SDSDSSDSDSL6L6L6L6
S3S3DSDSD LT
LT
SDST
SRECSD.
BOX
60" A.F.F.TV
GGG
G
LT STSGGGG
G
G
L6
SSBL6
L6
SDG
G
G
W.P.W.P.W.P.W.P.
L6L6
L6
G
L6 GL6
L6
L6L6
A
L6
G
L6SDLTS3220 V.GA
S3GS3G
GG
L6
S
S
SICEFLR TOCEIL ADJ.SHELVESFANOTES:
-WOOD JAMB & CASING WINDOW TRIM
-SKIP TROWEL DRYWALL TEXTURE AT
WALLS AND CEILINGS
-12 GAUGE WIRE THROUGH OUT
-WHITE SWITCH AND OUTLETS PLATE
COVERS
-GROUT FOR FLOOR TILE SUPPLIED BY
HERITAGE HOMES BUT APPLIED BY ON-
SITE CONTRACTOR
-WHITE PAINTED TRIM (176A CASING
W/239B BASE)
-WHITE INTERIOR PAINT
-UNDERCABINET LIGHTS AT KITCHEN TO BE
HARDWIRED & SWITCHED USING EACH
INDIVIDUAL LIGHTS ON/OFF SWITCH ED1W.S.
KITCHEN
LIVING ROOM
BEDROOM 2
UTILITYOFFICE
BEDROOM 1 BATH 2
BATH 1200 AMP PANEL BOXFURN.#49917
COUNTER
HEIGHT
COUNTER
HEIGHT
STD
HEIGHT
#49917
#49917
STACKED
SWITCHES
60 AMP BREAKER IN
PANEL BOX W/CONDUIT
TO CRAWL SPACE FOR
ON-SITE E.R.V.EMERGENCY EXTERIOR
DISCONNECT PER 2020 NEC
230.85 O.S.B.O.
DELETE
FIXTURE
DELETE
FIXTURE
DELETE
FIXTURE
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:46 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
E1.1
7825
1/4" = 1'-0"
1ST FLOOR ELECTRICAL
28
P.C.2 X 10@ 16" O.C.2 X 10@ 16" O.C.CONDITIONED CRAWL SPACE BY ON-SITE CONTRACTOR
6 MIL. POLY. ILO CONCRETE
INSULATE WALLS TO
MIN. R-15 BY OTHERS12' - 2 1/4"12' - 2 1/4"FOUNDATION NOTES:
I. THESE DRAWINGS ARE INTENDED TO PROVIDE OVERALL PLAN-VIEW DIMENSIONS ONLY.
PIERS, FOOTINGS, FOUNDATION SIZES, AND DESIGNS ARE TO BE BASED ON SITE SOIL CONDITIONS.
ALL PIERS, FOOTINGS, FOUNDATIONS, AND OTHER ON-SITE CONSTRUCTION SHALL COMPLY WITH
ALL APPLICABLE STATE AND LOCAL CODES.
II. ALL WORK BELOW FLOOR SYSTEM TO BE DESIGNED AND COMPLETED BY AN ON-SITE
CONTRACTOR
III. VERIFY DIMENSIONS PRIOR TO CONSTRUCTION.
IV. THE BUILDER AGREES, AT THE OWNER'S REQUEST, TO LEAVE TWO BUCKETFULLS OF
DIRT/BACKFILL MATERIAL ON PROPERTY FOR THE OWNER'S USE IN MAINTAINING PROPER SLOPE
AWAY FROM THE FOUNDATION ON THE BACKFILL AREA AROUND THE HOME.
V. PROPER SLOPE OF THE PERIMETER GRADE AROUND THE HOME FOUNDATION SHALL BE A
MINIMUM OF ONE IN SIX +/- ONE FOOT HIGHER AT THE FOUNDATION THAN THE GRADE IS 6 FEET FROM
THE FOUNDATION, FOR POSITIVE DRAINAGE.
VI. SETTLING WILL OCCUR DURING THE NEXT 5 TO 7 YEARS AS MOISTURE PENETRATES THE
BACKFILL MATERIAL. MAINTENANCE IS NOT THE RESPONSIBILITY OF THE BUILDER.
VII. PERIMETER PLANTINGS SHOULD BE A MINIMUM OF 4 FEET AWAY FROM THE FOUNDATION. AN
ALTERNATE TO GRASS IS A 4 FOOT WIDE PLASTIC WATER BARRIER ON THE SOIL AND LAPPED UP
ONTO THE FOUNDATION WALL AND COVERED WITH LANDSCAPE ROCKS. LAWN SPRINKLER HEADS
SHOULD NOT BE PLACED CLOSER THAN 6 FEET FROM THE FOUNDATION, AND SPRAY AWAY FROM
THE FOUNDATION.
FTGS. PER LOCAL CODES24' - 4 1/2"2'' WASTE
2'' WASTE
2'' WASTE
3'' WASTE
3'' WASTE
2'' WASTE
2'' WASTE
2'' WASTE
2'' WASTE
2'' WASTE
2'' WASTE
CRAWL
SPACE
ACCESS
24" X 30"1'' ELECT. CONDUIT
5' - 5"5' - 5"5' - 5"5' - 5"5' - 5"5' - 5"5' - 5"8' - 5"
SUPPORT COLUMN, SEE
FOUNDATION PLAN
FOR SPACING
53' - 0"6' - 0"7' - 0"
66' - 0"12' - 2 1/4"12' - 2 1/4"OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:46 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
S1.1
7825
1/4" = 1'-0"
FOUNDATION PLAN
29
CONC. FTG. WILL
VARY W/ LOCAL
CONDITIONS
GRADE
SUPPORT COLUMN, SEE
FOUNDATION PLAN
FOR SPACING
CONC. FTG. WILL
VARY W/ LOCAL
CONDITIONS
ALL WORK BELOW FLOOR
SYSTEM TO BE COMPLETED
BY ON-SITE CONTRACTOR
POURED CONCRETEFOUNDATION WALL9' - 0 1/4"4' - 5 1/2"12' - 1 1/4"12' - 1 1/4"
4
2
3
1
12
3
12
4
1/2" GYPSUM BOARD
R-21 BATT INSULATION
AT RIM JOIST
20 GA OR BETTER
METAL TIE 48" O.C.
SILL SEAL
1/2" X 10" ANCHOR BOLT
60" O.C.
FOUNDATION WALL
ON SITE BY OTHERS
7/16" O.S.B. SHEATHING
3/4" FOIL FACED RIGID FOAM
BOARD R5.0 OR BETTER
ALL SEAMS TAPED FOR WEATHER-
RESISTIVE BARRIERR-21 UN-FACED BATT INSULATION
NAIL BOTTOM PLATE TO
RIM JOIST 2/ 3" X 0.131"
POWER NAILS 16" O.C.
TOENAIL RIM JOIST TO SILL
PLATE W/ 3" X 0.131" POWER
NAIL 8" O.C.
1X4 SKIRT BOARD
GRADE
2X6 STUDS 16" O.C.
STUD GRADE U.N.O.
2X6 BOTTOM PLATE
2X10 JOISTS 16" O.C.
HEM-FIR SS
2X8 CCA-C SILL PLATE
VAPOR BARRIER
PRIMER AT WALLS
& CEILING
LP SMART SIDE SIDING 3/8'',
8'' WIDTH DPSIOD131-HDG
FASTENER (0.131'' X 3'') 16''
O.C.
RIM JOIST 1-3/4" X 9-1/4" LVL
MIN. 2950Fb 2.0E (DOUBLE
RIM JOIST @ 66'-0" SECTION)
1/2" GYPSUM BOARD (TYP.)
7/16" O.S.B. SHEATHING (TYP.)
1-3/4" X 9-1/4" LVL
MIN. 2950Fb 2.0E
3/4" T&G
DECKING (TYP.)
1/2" X 8" BOLTS
72" O.C. (APPLIED ON SITE)
SIMPSON STRONG
MMLU28 HANGER
20 GA OR BETTER
2X10 JOISTS 16" O.C.
HEM-FIR SS
2X4 STUDS 16" O.C.
STUD GRADE U.N.O.
2X4 BOTTOM PLATE
BAFFLE W/
1" X 22-1/2"
AIR SPACE
LANDMARK I.R. SHINGLES
STYLE D ROOF EDGE
1X4 OVER 1X8 STACKED,
LP SMART FASCIA
2X6 SUBFASCIA
3/8'' LP VENTED
SMART SOFFIT
3/4" FOIL FACED RIGID FOAM
BOARD R5.0 OR BETTER
ALL SEAMS TAPED FOR WEATHER-
RESISTIVE BARRIER
7/16" O.S.B. SHEATHING
R-50 BLOWN IN INSULATION
SIMPSON SDWC15600B-KT
SCREW @ EACH TRUSS OR EQ
1/2" HIGH STRENGTH
GYPSUM BOARD
1/2" GYPSUM BOARD
2X6 STUDS 16" O.C.
STUD GRADE U.N.O.
19/32" O.S.B. ROOF SHEATHING
VAPOR BARRIER
PRIMER AT WALLS
& CEILING
LP SMART SIDE SIDING
3/8'', 8'' WIDTH DPSIOD131-
HDG FASTENER (0.131'' X
3'') 16'' O.C.
MEMBRANE ROOFING
UNDERLAYMENT (GRACE
ICE & WATER SHIELD
ENITER ROOF)
19/32" O.S.B. ROOF SHEATHING
OF NEBRASKA, INC.
HOMES
HERITAGE
JOB NO.
DATE REVISED
SHEET NO.(CHECK ONE BOX ONLY)REVISE & RESEND TO BUILDERAPPROVED AS FINAL BUILD PLANWE THE UNDERSIGNED RETURN THIS PLAN TO HERITAGE HOMES FORTHE EXPRESSED PURPOSE INDICATED AT THE IMMEDIATE LEFT.NOTE: INVALID IF MORE THAN ONE BOX IS CHECKED.CUSTOMER SIGNATUREBUILDER SIGNATUREPLAN RETURN NOTICE & SIGNATURESDATEDATEHERITAGE HOMES BUILDERBUILDER LOCATIONDESIGNED FORNEW HOME LOCATION8/4/2023 9:52:46 AMTOM & BRITTANY SHAMIASPEN, CO.CLAYTON HOMES OF GRAND JUNCTIONGRAND JUNCTION, CO.8/1/2023
S2.1
7825
1/4" = 1'-0"
CROSS SECTION
1/2" = 1'-0"
SILL DETAIL
1/2" = 1'-0"
2 - MATING WALL JOIST DETAIL
1/2" = 1'-0"
3 - TRUSS EAVE DETAIL
1/2" = 1'-0"
4 - RIDGE DETAIL
30
XXG
GGFND 5/8" REBAR &
1.25" ORANGE
PLASTIC CAP, LS
38215 (WITNESS
CORNER BEARS
N60°57'21"W 0.63')S 45°43'00" W 89.42'
N 45°43'00" E 88.99'S 45°00'00" E 34.00'FND 5/8" REBAR & 1.25"
YELLOW PLASTIC CAP, LS
38215 (BEARS N80°19'56"W 0.17')
SITE BENCHMARK:7951.96
W WWWA
J
A
X
A
V
E
N
U
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-
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R
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T
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(
4
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.
)
40.0
CON
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CU
R
B
&
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CON
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R
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T
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CU
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&
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E
70.1'1
3
.
8
'
FF:7955.99'
RIDGE:
7965.75'XDECK:
7955.88'
F
EN
C
E
0.8
16.0
18.8ROOF
DRAIN
COVERED
WOOD
DECK
EX-UEEX-UE
UNDERGROUND
ELECTRIC LINES
ELECTRIC PANEL
AND LANDSCAPE
LIGHT
SET 5/8" REBAR &
1.25" RED PLASTIC
CAP, LS 33638
SET PK NAIL AND
WASHER, LS 33638
BOLLARDS
AROUND GAS
METER
G
GAS
METER
T1
T2
T3
ELECTRIC
PEDESTAL
G
GAS
METER
ADJ
A
CE
NT
B
UIL
DI
N
GWOOD
F
ENC
E
STEPSWOOD
LEAN-TO 2.8'2.8'3
.
7
'
WOOD
FENCE
RAILROAD TIERETAINING WALL (TYP.)WOOD
FENCE
2" CONDUIT RUNNING
ALONG TOP OF
RETAINING WALL (100
AMP SERVICE LINE PER
PLAT REC. # 240496
ADJ
A
CE
NT S
HE
D
ADJ
A
CE
NT
B
UIL
DI
N
G
GRAVEL
DRIVEWAY
OPEN
WOOD
DECK
7954
795379
5
2
7953
7953
7953
1
3
.
8
'70.1'2.7
LOT H
3032.88 SQ. FT.±
0.070 ACRES±
ZONING:R-3
5.0
5' SIDE SETBACK
PER CITY OF ASPEN
LAND USE CODE
5.0
5' REAR SETBACK
PER CITY OF ASPEN
LAND USE CODE
5.0
5' SIDE SETBACK
PER CITY OF ASPEN
LAND USE CODE
5.0
5' FRONT SETBACK
PER CITY OF
ASPEN LAND USE
CODE
LOT G
NOT A PART
LOT I
NOT A PART
16 AJAX AVENUE
WOOD FRAME
MOBILE HOME
S
4
4
°
1
7
'
0
0
"
E
3
4
.
0
0
'
LOT 81
SMUGGLER
MOBLE HOME
PARK
NOT A PART
LOT 80
SMUGGLER
MOBLE HOME
PARK
NOT A PART
LOT 79
SMUGGLER
MOBLE HOME
PARK
NOT A PART
N
4
4
°
1
7
'
0
0
"
W
3
4
.
0
0
'
10' ELECTRIC
EASEMENT PER PLAT
REC. #240496
LOT H,SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, ACCORDING TO THE
PLAT RECORDED JANUARY 17, 1983 IN PLAT BOOK 14 AT PAGE 27, AND FIRST
AMENDED PLAT OF SMUGGLER RUN SUBDIVISION RECORDED DECEMBER 21,
2010 IN BOOK 95 AT PAGE 57
COUNTY OF PITKIN, STATE OF COLORADO
LEGEND AND NOTES:
- INDICATES FOUND MONUMENT AS DESCRIBED
- INDICATES MONUMENT TO BE SET AS DESCRIBED
- DATE OF SURVEY: MAY 5, 2023
- UNIT OF MEASUREMENT: US SURVEY FOOT
- SITE SIZE: 3,033 SQ. FT.± OR 0.070 ACRES±
- ACCORDING TO FEMA FIRM FLOOD RATE INSURANCE MAP PANEL 0358 OF 0725, MAP NUMBER 0809C0358E, THE SITE IS NOT LOCATED WITHIN A DEFINED OR
DETERMINED FLOODPLAIN.
- ZONING FOR THIS PROPERTY IS R-3 AND SETBACKS ARE SHOWN HEREON. ZONING AND SETBACKS SHOULD BE VERIFIED WITH THE PROPER GOVERNING
AUTHORITY PRIOR TO CONSTRUCTION OR CRITICAL DESIGN.
- UTILITIES SHOWN HEREON ON REPRESENT FIELD LOCATED MARKINGS FROM MAY, 2023. ALL UTILITIES SHOULD BE FIELD VERIFIED PRIOR TO CONSTRUCTION OR
CRITICAL DESIGN.
- BEARINGS ARE BASED UPON A 5
8" REBAR WITH A 1
25" RED PLASTIC CAP FOUND IN PLACE AT THE SOUTHEAST CORNER OF LOT K AND A 5
8" REBAR WITH A 1.25"
YELLOW PLASTIC CAP, PLS 38215 FOUND IN PLACE AT THE SOUTHWEST CORNER OF LOT K USING A BEARING OF S 38°37'31"W BETWEEN THE TWO DESCRIBED
MONUMENTS AND SHOWN HEREON. BEARINGS ARE RELEVANT TO THE FIRST AMENDED PLAT OF SMUGGLER RUN SUBIDIVISION AS RECORDED IN BOOK 95 AT PAGE
57 IN THE PITKIN COUNTY RECORDER'S OFFICE.
- ELEVATION BASED ON NAVD 88 DATUM WITH A TEMPORARY SITE BENCHMARK (TBM) OF A 5
8" REBAR WITH A 1.25" YELLOW PLASTIC CAP, LS 38215 AT THE
SOUTHWEST CORNER OF THE SITE, ELEVATION:7951.96' AS SHOWN HEREON.
- THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF
RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM A TITLE COMMITMENT
ISSUED BY LAND TITLE GUARANTEE COMPANY, DATED DECEMBER 22, 2022 AS ORDER NUMBER: Q62014839. SAID PROPERTY IS DESCRIBED AS FOLLOWS:
LOT H, SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 17, 1983 IN PLAT BOOK 14 AT PAGE 27, AND FIRST
AMENDED PLAT OF SMUGGLER RUN SUBDIVISION RECORDED DECEMBER 21, 2010 IN BOOK 95 AT PAGE 57, COUNTY OF PITKIN, STATE OF COLORADO
- THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPTIONS PER SAID TITLE ORDER NO. Q62014839:
8. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED DECEMBER 24, 1902 IN BOOK 55 AT PAGE 116, RECORDED OCTOBER 26, 1895 IN
BOOK 136 AT PAGE 49, RECORDED OCTOBER 10, 1897 IN BOOK 136 AT PAGE 149, RECORDED JULY 17, 1893 IN BOOK 39 AT PAGE 123, AND RECORDED NOVEMBER 22, 1910
IN BOOK 136 AT PAGE 373. NOTHING TO PLOT.
9. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED DECEMBER 14, 1900 IN BOOK 39 AT PAGE 136, AND RECORDED AUGUST 29, 1958 IN
BOOK 185 AT PAGE 69. NOTHING TO PLOT.
10. RIGHT OF WAY FOR UTILITIES AS GRANTED TO JAMES A. DEVEREUX IN INSTRUMENT RECORDED JANUARY 20, 1887 IN BOOK 29 AT PAGE 582, AS SAME MAY
EFFECT SUBJECT PROPERTY. NOTHING TO PLOT.
11. RIGHT OF WAY FOR CONSTRUCTION AND MAINTENANCE OF PIPES, MAINS, DITCHES, FLUMES, DAMS AND RESERVOIRS AS GRANTED TO DAVID R.C. BROWN IN
INSTRUMENT RECORDED MARCH 18, 1885 IN BOOK 24 AT PAGE 59, AS SAME MAY EFFECT SUBJECT PROPERTY. NOTHING TO PLOT.
12. TERMS, CONDITIONS AND EFFECTS OF RIGHT OF WAY EASEMENT RECORDED JULY 31, 1964 IN BOOK 208 AT PAGE 354. NOTHING TO PLOT.
13. TERMS, CONDITIONS AND EFFECTS OF RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS RECORDED AUGUST 12, 1974 IN BOOK 290 AT PAGE 28.
NOTHING TO PLOT.
14. TERMS, CONDITIONS AND PROVISIONS OF INDENTURE RECORDED NOVEMBER 23, 1981 IN BOOK 417 AT PAGE 794. NOTHING TO PLOT.
15. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE FINAL SUBDIVISION PLAT OF SMUGGLER MOBILE HOME PARK RECORDED APRIL 8,
1982 IN PLAT BOOK 13 AT PAGE 25 AND AS SET FORTH ON THE MAP OF SMUGGLER RUN MOBILE PARK SUBDIVISION RECORDED JANUARY 17, 1983 IN PLAT BOOK 14 AT
PAGE 27 AND FIRST AMENDED PLAT OF SMUGGLER RUN SUBDIVISION RECORDED DECEMBER 21, 2010 IN BOOK 95 AT PAGE 57. BOUNDARY PER PLAT SHOWN
HEREON.
16. TERMS, CONDITIONS AND PROVISIONS OF PRECISE PLAN AND SUBDIVISION AGREEMENT RECORDED APRIL 08, 1982 IN BOOK 424 AT PAGE 780 AND AMENDMENT
THERETO RECORDED JANUARY 20, 1983 IN BOOK 439 AT PAGE 213 AND RECORDED MAY 14, 1987 IN BOOK 535 AT PAGE 975. NOTHING TO PLOT.
17. TERMS, CONDITIONS AND PROVISIONS OF MUTUAL EASEMENT AGREEMENT RECORDED NOVEMBER 13, 1982 IN BOOK 426 AT PAGE 455. NOTHING TO PLOT.
18. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED
UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE
OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 17, 1983, IN BOOK 439 AT PAGE 18. NOTHING TO PLOT.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF BYLAWS RECORDED MAY 5, 1987 IN BOOK 535 AT PAGE 276. NOTHING TO PLOT.
19. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY AGREEMENT RECORDED JANUARY 19,
1983 IN BOOK 439 AT PAGE 151. NOTHING TO PLOT.
20. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 9, 1983 IN BOOK 754 AT PAGE 194. THE SITE APPEARS TO BE LOCATED WITHIN
THE SMUGGLER MOUNTAIN SUPERFUND SITE AND PARTICULARLY IN AN AREA REPORTED TO HAVE LEAD LEVELS GREATER THAN 1000 PPM AS OF JANUARY
26, 2021. FOR ADDITIONAL SUPERFUND SITE INFORMATION, CONTACT THE FOLLOWING WEBSITES:
HTTPS://PITKINCOUNTY.COM/210/SMUGGLER-SUPERFUND-SITE
HTTPS://CUMULIS.EPA.GOV/SUPERCPAD/CURSITES/CSITINFO.CFM?ID=0800261&MSSPP=MED
21. TERMS, CONDITIONS AND PROVISIONS OF THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT RECORDED JANUARY 08, 2003 AT RECEPTION
NO. 477066. NOTHING TO PLOT.
22. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JUNE 07, 2006 AT RECEPTION NO. 525029. NOTHING TO PLOT.
23. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEED RESTRICTION AGREEMENT RECORDED OCTOBER 7, 2008 AS RECEPTION
NO. 553414. NOTHING TO PLOT.
NOTICE: ACCORDING TO COLORADO LAW, YOU
MUST COMMENCE ANY LEGAL ACTION BASED UPON
ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO
EVENT MAY ANY ACTION BASED UPON ANY DEFECT
IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION
SHOWN HEREON.NorthNorth010 10 20 405
SURVEYOR'S CERTIFICATE:
I, JEFFREY ALLEN TUTTLE, BEING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY
THAT THIS MAP OF EXISTING CONDITIONS WAS PREPARED BY ME AND UNDER MY SUPERVISION FROM A SURVEY MADE BY
ME AND UNDER MY SUPERVISION ON MAY 5, 2023 AND THAT BOTH THE SURVEY AND MAP ARE TRUE AND ACCURATE TO
THE BEST OF MY KNOWLEDGE AND BELIEF. BOTH LINEAR AND ANGULAR WERE DETERMINED BY AN ACCURATE CONTROL
SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT OF 1 IN 15,000 (WHICH COMPLIES WITH COLORADO
PROFESSIONAL STANDARDS FOR A LAND SURVEY PLAT AND THE CURRENT ACCURACY STANDARDS FOR ALTA/ACSM LAND
TITLE SURVEYS)
______________________________________________
JEFFREY ALLEN TUTTLE, L.S.33638 DATE
NOTE: THIS TOPOGRAPHY MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR TOPOGRAPHIC MAPS. WHERE
CHECKED 90% OF POINTS SHOULD BE WITHIN 1
2 THE CONTOUR INTERVAL AND WELL DEFINED POINTS SHOULD BE PLOTTED
WITHIN 1
50" OF THEIR TRUE POSITION. CRITICAL DESIGN SHOULD BE BASED UPON SPOT ELEVATIONS, PLEASE CONTACT
TUTTLE SURVEYING SERVICES FOR THIS SPOT ELEVATION INFORMATION.
SITE
SITE VICINITY MAP
SCALE:1" = 2000'
GPS #4
GPS #1S 32°56'51" W 1575.66'S 26°31'55" W 2426.93'S 45°00'00" E 102.00'FND 5/8" REBAR &
1.25" RED PLASTIC
CAP, SOUTHEAST
CORNER OF LOT K
S
4
4
°
1
7
'
0
0
"
E
1
1
3
.
2
8
'
FND 5/8" REBAR &
1.25" YELLOW
PLASTIC CAP, LS
38215 SOUTHWEST
CORNER OF LOT K S 38°37'31" W
(BASIS OF BEARING)Exhibit B
31
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
Have you included the following?
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage
2737-074-09-708
16 Ajax Avenue, Aspen CO 81611
Brittany Shami and Thomas Menas
329 Harold Ross Court, Aspen, CO 81611
313-bshami24@gmail.com
Sara Adams, BendonAdams
300 S. Spring Street, #202, Aspen CO 81611
sara@bendonadams.com610-246-3236
Remove existing dilapidated mobile home and replace with new manufactured home. A side setback
variance is requested of the BOA.
BOA setback variance.
n/a n/a n/a
n/a n/a
3,250
Exhibit C
32
1
311
8
323320
317
7
2
314
307
319
215
308
16
313
324
325221
14
220
315
4
219
312
218
309
10
213
318
306
322
223
12
316
305
321
6
217
310
119
112
117
114
116
110
201
216
13
218
210
22
11
214
220
9
18
213
217
15
20
224
113
227
112
221
229
226 223
110
222
228
219
225
226
326
227
231
224
225
222
328
121
229
212
211
107
206
205
113
200
303
111
214
210
209
207
108
208
115
202
109
216
PARK CIR
PA
R
K
C
I
R
SOUTH AVE OAK LN
OA
K
L
NSPRUCE STO
A
K
L
NAJAX AVECOTTONWOOD LNMAPLE LNNICHOLAS LNBROWN LN0 0.01 0.030.01
mi
FLegend
City of Aspen
Parcels
Roads Zoomed In
Source: City of Aspen GIS
16 Ajax Ave. Vicinity Map Exhibit D
33
Exhibit E
34
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: Q62016603 Date: 10/13/2023
Property Address: 16 AJAX AVE # H, ASPEN, CO 81611
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
BRITTANY SHAMI
Delivered via: Electronic Mail
BENDONADAMS LLC
Attention: ERIN WACKERLE
300 S SPRING STREET SUITE 202
Aspen, CO 81611
(406) 531-0806 (Cell)
(970) 925-2855 (Work)
erin@bendonadams.com
Delivered via: Electronic Mail
Seller/Owner
THOMAS MENAS
Delivered via: Electronic Mail
Exhibit F
35
Estimate of Title Fees
Order Number: Q62016603 Date: 10/13/2023
Property Address: 16 AJAX AVE # H, ASPEN, CO 81611
Seller(s): BRITTANY SHAMI AND THOMAS MENAS
Buyer(s):
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TOTAL $265.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Pitkin county recorded 12/29/2022 under reception no. 692339
Plat Map(s):
Pitkin county recorded 01/17/1983 at book 14 page 27
Pitkin county recorded 01/17/1983 at book 14 page 27
Pitkin county recorded 12/21/2010 at book 95 page 57
36
Copyright 2006-2023 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
16 AJAX AVE # H, ASPEN, CO 81611
1.Effective Date:
10/06/2023 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
BRITTANY SHAMI AND THOMAS MENAS
5.The Land referred to in this Commitment is described as follows:
LOT H,
SMUGGLER RUN MOBILE HOME PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY
17, 1983 IN PLAT BOOK 14 AT PAGE 27, AND FIRST AMENDED PLAT OF SMUGGLER RUN SUBDIVISION
RECORDED DECEMBER 21, 2010 IN BOOK 95 AT PAGE 57,
COUNTY OF PITKIN,
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62016603
37
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62016603
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
38
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED DECEMBER 24, 1902
IN BOOK 55 AT PAGE 116, RECORDED OCTOBER 26, 1895 IN BOOK 136 AT PAGE 49, RECORDED
OCTOBER 10, 1897 IN BOOK 136 AT PAGE 149, RECORDED JULY 17, 1893 IN BOOK 39 AT PAGE 123,
AND RECORDED NOVEMBER 22, 1910 IN BOOK 136 AT PAGE 373
9.RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED DECEMBER 14, 1900
IN BOOK 39 AT PAGE 136, AND RECORDED AUGUST 29, 1958 IN BOOK 185 AT PAGE 69
10.RIGHT OF WAY FOR UTILITIES AS GRANTED TO JAMES A. DEVEREUX IN INSTRUMENT RECORDED
JANUARY 20, 1887 IN BOOK 29 AT PAGE 582, AS SAME MAY EFFECT SUBJECT PROPERTY.
11.RIGHT OF WAY FOR CONSTRUCTION AND MAINTNENACE OF PIPES, MAINS, DITCHES, FLUMES, DAMS
AND RESERVOIRS AS GRANTED TO DAVID R.C. BROWN IN INSTRUMENT RECORDED MARCH 18, 1885
IN BOOK 24 AT PAGE 59, AS SAME MAY EFFECT SUBJECT PROPERTY.
12.TERMS, CONDITIONS AND EFFECTS OF RIGHT OF WAY EASEMENT RECORDED JULY 31, 1964 IN BOOK
208 AT PAGE 354.
13.TERMS, CONDITIONS AND EFFECTS OF RESOLUTION BY THE BOARD OF COUNTY COMMISISONERS
RECORDED AUGUST 12, 1974 IN BOOK 290 AT PAGE 28.
14.TERMS, CONDITIONS AND PROVISIONS OF INDENTURE RECORDED NOVEMBER 23, 1981 IN BOOK 417
AT PAGE 794.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016603
39
15.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE FINAL SUBDIVISION
PLAT OF SMUGGLER MOBILE HOME PARK RECORDED APRIL 8, 1982 IN PLAT BOOK 13 AT PAGE 25
AND AS SET FORTH ON THE MAP OF SMUGGLER RUN MOBILE PARK SUBDIVISION RECORDED
JANUARY 17, 1983 IN PLAT BOOK 14 AT PAGE 27 AND FIRST AMENDED PLAT OF SMUGGLER RUN
SUBDIVISION RECORDED DECEMBER 21, 2010 IN BOOK 95 AT PAGE 57.
16.TERMS, CONDITIONS AND PROVISIONS OF PRECISE PLAN AND SUBDIVISION AGREEMENT
RECORDED APRIL 08, 1982 IN BOOK 424 AT PAGE 780 AND AMENDMENT THERETO RECORDED
JANUARY 20, 1983 IN BOOK 439 AT PAGE 213 AND RECORDED MAY 14, 1987 IN BOOK 535 AT PAGE 975.
17.TERMS, CONDITIONS AND PROVISIONS OF MUTUAL EASEMENT AGREEMENT RECORDED NOVEMBER
13, 1982 IN BOOK 426 AT PAGE 455.
18.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 17, 1983, IN BOOK 439 AT
PAGE 18.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF BYLAWS RECORDED MAY 5, 1987 IN BOOK
535 AT PAGE 276.
19.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT OF WAY AGREEMENT RECORDED JANUARY 19, 1983 IN BOOK 439 AT PAGE
151.
20.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 9, 1983 IN BOOK 754 AT
PAGE 194.
21.TERMS, CONDITIONS AND PROVISIONS OF THIRD AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT RECORDED JANUARY 08, 2003 AT RECEPTION NO. 477066.
22.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JUNE 07, 2006 AT RECEPTION NO.
525029.
23.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEED
RESTRICTION AGREEMENT RECORDED OCTOBER 7, 2008 AS RECEPTION NO. 553414.
24.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEED RESTRICTION
AGREEMENT RECORDED DECEMBER 29, 2022 AS RECEPTION NO. 692341.
25.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED
DECEMBER 29, 2022 AS RECEPTION NO. 692342.
26.DEED OF TRUST DATED DECEMBER 29, 2022 FROM BRITTANY SHAMI AND THOMAS MENAS TO THE
PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF
$187,500.00 RECORDED DECEMBER 29, 2022, UNDER RECEPTION NO. 692340.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016603
40
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
41
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
42
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Guarantee Company of Summit
County
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
43
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
44
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
45
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
46
Exhibit G
47
Exhibit H
48
From:Brittany Shami
To:Sara Adams
Cc:Amos Underwood; Brittany Shami; Tom Menas
Subject:Fwd: #16 Smuggler Run
Date:Friday, October 13, 2023 8:59:05 AM
Sent from my iPhone
Begin forwarded message:
From: bbromka9575@gmail.com
Date: October 13, 2023 at 7:47:22 AM MDT
To: bshami24@gmail.com
Subject: #16 Smuggler Run
Board of Adjustments:
On behalf of the Smuggler Run HOA, we support the requested side setback variance at
16 Ajax Avenue as submitted by Brittany Shami and Thomas Menas.
Best regards
Barry Bromka
HOA President
Smuggler Run
970-379-5262
49
PRE-APPLICATION CONFERENCE SUMMARY
PRE-23-103
PLANNER: Sophie Varga, sophie.varga@aspen.gov
DATE: October 3rd, 2023
PROPERTY: 16 Ajax Avenue
REPRESENTATIVE: Brittany Shami, Owner
REQUEST: Side Yard Setback Variance
DESCRIPTION: 16 Ajax Avenue is located in the Smuggler Run Planned Development and zoned
High Density Residential (R-3). The property is currently developed with a single family residence.
The applicant proposes to redevelop the property with a new single family residence. The R-3 Zone
District requires a five foot setback on all sides of the property. The applicant is requesting a zero
foot setback on one side of the property. The applicant represents that the existing mobile home is,
at the closest point, located within a foot of the west property line.
This request for a dimensional variance shall be considered at a public hearing by the Board of
Adjustment pursuant to Section 26.314.040. Variances are to be granted when “[t]he literal
enforcement of the provisions of this title would result in undue and unnecessary hardship.” To
approve a dimensional variance, per Section 26.314.040, the Board of Adjustment must make a
finding that:
1.The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of this Title and the Municipal Code; and
2.The grant of variance is the minimum variance that will make possible the reasonable use of
the parcel, building or structure; and
3.Literal interpretation and enforcement of the terms and provisions of this Title would deprive
the applicant of rights commonly enjoyed by other parcels in the same zone district and would
cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In
determining whether an applicant's rights would be deprived, the Board shall consider
whether either of the following conditions apply:
a.There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings
in the same zone district and which do not result from the actions of the applicant; or
b.Granting the variance will not confer upon the applicant any special privilege denied
by the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
The application will be referred to the Parks and Engineering Departments for review.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.314 Variances
26.57.020 Calculations and Measurements
26.710.120 High Density Residential (R-3)
Exhibit I
50
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use Application Land Use Code
REVIEW BY: Staff for complete application and recommendation
Board of Adjustment for decision
PUBLIC HEARING: Yes
PLANNING FEES: $1,950 deposit for 6 hours of staff review time (additional/ lesser hours will
be billed/refunded at a rate of $325 per hour)
REFERRAL FEES: Engineering: $325 for 1 hour of staff review time (additional/ lesser hours will
be billed/refunded at a rate of $325 per hour)
Parks: $975, flat fee
TOTAL DEPOSIT: $3,250
To apply, email the following information in a single pdf to CDEHadmins@aspen.gov.
Include PRE-23-103 in the subject line.
Completed Land Use Application.
Pre-application Conference Summary (this document)
Contained within a letter signed by the applicant, the applicant's name, address and
telephone number and the name, address and telephone number of any representative
authorized to act on behalf of the applicant.
Street address, legal description, and parcel identification of the parcel on which
development is proposed to occur.
A disclosure of ownership of the parcel proposed for development, consisting of a current
(no older than 6 months) certificate from a title insurance company or attorney licensed to
practice in the state, listing the names of all owners of the property and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel and
demonstrating the owner's right to apply for the development application.
An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen.
A site improvement survey (no older than a year from submittal) certified by a registered
land surveyor, licensed in the State of Colorado, showing the current status of the parcel
including topography and vegetation.
A site plan depicting the proposed layout and the project's physical relationship to the land
and its surroundings.
A written description of the proposal and a written explanation of how the proposed
development complies with the review standards re levant to the development application.
Complete responses to all review criteria should be provided.
Visual representations (images, drawings, etc.) that illustrate the existing and proposed
development, sufficient to analyze and determine that review criteria are met .
Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not create a legal or vested
right.
51
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. The
information maintained by the County may not be complete as to
mineral estate ownership and that information should be
determined by separate legal and property analysis.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273707409708 on 10/12/2023
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Exhibit J
52
ANDERSON BRETT & ALLISON
ASPEN, CO 816112183
226 COTTONWOOD LN
ANDERSON TIMOTHY J
ASPEN, CO 81611
316 OAK LN
ANTOINE NATALIE
ASPEN, CO 81611
415 FREE SILVER CT #D-106
ANTOS TIFFANY E
ASPEN, CO 81611
412 FREE SILVER CT D103
BAKER KIRK S
ASPEN, CO 81612
315 OAK LN
BARBOUR REGINALD D & MARY
ASPEN, CO 81612
PO BOX 4194
BARBOUR SUSAN
ASPEN, CO 81612
PO BOX 11602
BAYKO LYNN M
ASPEN, CO 81611
329 FREE SILVER CT #C210
BECKER HEATHER
ASPEN, CO 81611
324 FREE SILVER CT
BERGMAN CARL R & CATHERINE M
ASPEN, CO 81612
PO BOX 1365
BERGMAN LINDA
ASPEN, CO 81612
PO BOX 1365
BERKSON DAVID A
ASPEN, CO 81611
112 FREE SILVER CT #A104
BODNAR OLEG
ASPEN, CO 81611
321 NICHOLAS LN
BOTICA MICHELLE
ASPEN, CO 816113223
323 FREE SILVER CT #204
BROMKA KAREN S & BARRY J
ASPEN, CO 81611
11 AJAX AVE
BUTERA CHRISTINA J
ASPEN, CO 81611
318 OAK LN
CAMPAIGNE CHRISTOPHER C & ELIZABETH E
ASPEN, CO 81611
309 OAK LN
CENTENNIAL CONDO ASSOC
CARBONDALE, CO 81623
1100 VITOS WY
CHAMBERLIN CATHERINE
ASPEN, CO 81611
219 COTTONWOOD LN
CITY OF ASPEN
ASPEN, CO 81611
427 RIO GRANDE PL
CLARK CASARAE
ASPEN, CO 81611
321 OAK LN #321
COLLINS BRENDAN
ASPEN, CO 81611
214 FREE SILVER CT #B-105
COMAN MARY A & BRAD
ASPEN, CO 81611
13 AJAX AVE
CONDIT ALICIA
ASPEN, CO 816113209
110 FREE SILVER CT
CORBIN SUYDAM
ASPEN, CO 81611
217 COTTONWOOD LN
CORCORAN JAMES W
ASPEN, CO 81612
PO BOX 4977
COSTELLO STEPHANIE TRUST
ASPEN, CO 81611
328 OAK LN
CROSS EDWARD T
ASPEN, CO 81612
PO BOX 1843
CUELLAR MARIA L
ASPEN, CO 81611
210 FREE SILVER CT
CURRY CHARLES T
ASPEN, CO 81612
PO BOX 8150
53
DAUGHERTY BRYAN
ASPEN, CO 81611
324 FREE SILVER CT
DEL CASTILLO RICARDO LEYVAS
ASPEN, CO 81611
215 FREE SILVER CT
DESTAING DAVID PRESTON DE LARBRE
ASPEN, CO 81611
431 W HALLAM ST
DILLON RAY IV & CHELSEA
ASPEN, CO 81611
317 OAK LN
DIMSDALE WILLIAM S
ASPEN, CO 81611-3209
114 FREE SILVER CT
EIS RANDALL S
ASPEN, CO 81611
129 FREESILVER CT
ELIAS MARK
ASPEN, CO 816113226
423 FREE SILVER CT
FIORONI CYNTHIA L & PETER K
ASPEN, CO 81611
10 AJAX LN
FONTANA WILLIAM
ASPEN, CO 81612
PO BOX 3313
FORDE MICHAEL J
ASPEN, CO 81611
316 FREE SILVER CT
FRANK BARBARA A
ASPEN, CO 81612
PO BOX 11126
FUNK ADAM BOYD
ASPEN, CO 81611
314 OAK LN
GALLUCCIO VINCENT
ASPEN, CO 81611
325 OAK LN
GATES JOHN
ASPEN, CO 81611
22 AJAX AVE # K
GEARY LINDSEY
ASPEN, CO 81611
12 AJAX AVE
GELLERT MICHAEL D & LACEY M
ASPEN, CO 81612
PO BOX M
GORMAN SARAH
ASPEN, CO 81611
424 FREE SILVER CT D-205
GRAHAM GERALDINE HARPER REV TRUST
ASPEN, CO 81612
PO BOX 9277
GUDZENKO NATALIIA
ASPEN, CO 81611
125 FREE SILVER CT
HANEK LINDA S
ASPEN, CO 81611
231 COTTONWOOD LN
HANNAH CHERYL M
ASPEN, CO 81612
313 FREE SILVER CT
HARDMAN JULIE A
ASPEN, CO 81611
20 AJAX AVE
HERBORN WILLIAM
ASPEN, CO 81611
424 FREE SILVER CT D-205
HERNANDEZ YVONNE M
ASPEN, CO 81611
316 FREE SILVER CT
HOCH DAVID J
GRAND JUNCTION , CO 81507
2231 S REGENT CIRCLE
HOEFT ROBERT
ASPEN, CO 81611
113 FREE SILVER CT #A105
HUFKER WILLIAM J III
ASPEN, CO 81612
PO BOX 8925
JACOBS JIM
HOUSATONIC, MA 012369713
15 WYANTENUCK ST
JASICKI BRADLEY J
ASPEN, CO 81611
20 AJAX AVE
JOHNSON TAMAR
ASPEN, CO 81611
410 FREE SILVER CT #D101
54
JOSEPH AGNETE
ASPEN, CO 81611
324 OAK LN
JUSKYS DEANA
ASPEN, CO 81611
312 OAK LN
KENNEDY JOHN M
ASPEN, CO 81611
221 FREE SILVER CT
KHABINETS ANNA
ASPEN, CO 81611
321 NICHOLAS LN
KLONOWSKI JOHN A
ASPEN, CO 81611
420 FREE SILVER CT #D201
KNEIFEL NATHAN
ASPEN, CO 81611
122 FREE SILVER CT #204
KRAFT GARY
ASPEN, CO 81611
121 FREE SILVER CT
KRAVITZ PATRICIA
ASPEN, CO 81611
123 FREE SILVER CT
KROUPA KYLE R & THOENE HONEY J
ASPEN, CO 81611
127 FREE SILVER CT #A209
KULZER DENNIS
ASPEN, CO 81611
320 FREE SILVER CT
LATKOSKA BILJANA
ASPEN, CO 81611
421 FREE SILVER CT
LEMLEY EVA
ASPEN, CO 81611
222 COTTONWOOD LN
LINDENAU BEYRON
ASPEN, CO 81611
320 OAK LANE
LONG JESSICA & DIOSDADO S
ASPEN, CO 81611
327 FREE SILVER CT #C208
LOUTHIS PATRICIA ANN TRUST
ASPEN, CO 81611
313 OAK LN
LUNDY KARON
ASPEN, CO 81612
PO BOX 3804
MACLEAN HANA JANET
ASPEN, CO 81611
314 OAK LN
MADRID DIONICIO & STEPHANIE
ASPEN, CO 81611
325 FREE SILVER CT #C-206
MAGILL REBECCA
ASPEN, CO 81611
227 COTTONWOOD LN
MAHLER KACEY
ASPEN, CO 81611
213 COTTONWOOD LN #213
MANZO ROSE
ASPEN, CO 81612
PO BOX 12292
MARTIN CAROLINE
ASPEN, CO 81611
116 FREE SILVER #A108
MARTIN LYNSEY
ASPEN, CO 81612
PO BOX 2318
MCCULLOCH CHERYL
ASPEN, CO 81611
9 AJAX AVE
MCGRATH JOHN
ASPEN, CO 81611
116 FREE SILVER CT #A108
MILLER JAMES A
ASPEN, CO 816113210
117 FREE SILVER CT
MILLER SARAH
ASPEN, CO 81611
126 FREE SILVER CT #A208
MILLER THERESA
ASPEN, CO 81611
422 FREE SILVER CT #D203
MILLER THOMAS F
ASPEN, CO 81611
227 COTTONWOOD LN
MORRELL CONSTANCE G
ASPEN, CO 81612
PO BOX 5121
55
MULVANY MARCEL
ASPEN, CO 81611
422 FREE SILVER CT #D203
NEW CENTENNIAL LLC
INDIANAPOLIS, IN 46260
8902 N MERIDIAN ST #205
NORMAN JUDY KAY
ASPEN, CO 81611
314 FREE SILVER CT
PARKER ROBERT
ASPEN, CO 81611
310 FREE SILVER CT #C101
PETRESKI GOCE
ASPEN, CO 81611
421 FREE SILVER CT
POWELL MARY FRANCES
ASPEN, CO 81611
308 OAK LN
QUINTERO NELSON FERNANDO
ASPEN, CO 81611
326 FREE SILVER CT #C207
RICKENBAUGH ANNE
ASPEN, CO 81611
223 COTTONWOOD LN
ROBERT ALAN K
ASPEN, CO 81611
420 FREE SILVER CT #D201
ROCKHILL BRITTANIE
ASPEN, CO 81612
PO BOX 10261
ROEDER JOSEPH ADAM & JENNIFER
ASPEN, CO 81611
15 AJAX AVE
RUEGGEBERG CHRISTINE & MICHAEL
ASPEN, CO 81612
PO BOX 9313
SAGAL PATRICK
ASPEN, CO 81611
229 COTTONWOOD LN
SCHLUNDT SUSAN
ASPEN, CO 81611
326 OAK LN
SCHUMACHER DAVID
ASPEN, CO 81611
125 FREE SIVER CT
SEGOVIA SANTOS S
ASPEN, CO 81611
210 FREE SILVER CT
SHERIDAN DANIEL P
ASPEN, CO 81611
18 AJAX AVE
SILVERMAN KAREN E
ASPEN, CO 81612
PO BOX 2615
SIMON AMY
ASPEN, CO 81611
2 AJAX AVE
SMART JEFFREY & KAREN E
ASPEN, CO 81612
PO BOX 10651
SMUGGLER HOMEOWNERS ASSOCIATION
ASPEN, CO 81611
OAK LN, COTTONWOOD LN, MAPLE LN
SMUGGLER RACQUET CLUB
ASPEN, CO 81612
PO BOX 8788
SPIROFF JEFF
REDSTONE, CO 81623
166 BEAVER LN
STRUGATSKIY ALEX
ASPEN, CO 81611
219 COTTONWOOD LN
SUDAKOV VITALY
ASPEN, CO 81611
120 FREE SILVER CT # A-202
SWANN CAROLINE
ASPEN, CO 81611
306 OAK LN
TANAKA PHILIP & AMANDA
ASPEN, CO 81611
212 FREE SILVER CT #B103
TAYLOR JANE
ASPEN, CO 81611
231 COTTONWOOD LN
TODARO ANTHONY J
ASPEN, CO 81611
319 FREE SILVER CT
VANHOY DONNA & JERRY
ASPEN, CO 81611
323 OAK LN
56
VASS MONIKA M
ASPEN, CO 81611
22 AJAX AVE # K
VAUGHAN CHRISTOPHER
ASPEN, CO 81611
126 FREE SILVER CT #A208
VERRY THOMAS
ASPEN, CO 81611
223 COTTONWOOD LN
VETROMILE RICHARD LIV TRUST
ASPEN, CO 81611
310 OAK LN
VON RENKL KALLEN
ASPEN, CO 81611
221 COTTONWOOD LN
ZAHARKO WENDY
ASPEN, CO 81611
307 OAK LN
57