HomeMy WebLinkAboutLand Use Case.CU.706 W Main St.103A-89CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10/13/89 PARCEL ID AND CASE NO.
DATE COMPLETE: � �7�za 2735- 124 -45 -005 103A -89
STAFF MEMBER L,
PROJECT NAME: Aspen Antique Brokers Conditional Use Review
Project Address: 706 West Main Street
Legal Address: Lot 0 and the West 220 feet of Lot R, Block 18
APPLICANT: B. Joseph Krabacher
Applicant Address: P. O. Bx 8127
REPRESENTATIVE: Welton Anderson
Representative Address /Phone:
- - - -- ------------------------------------------
PAID: YES NO AMOUNT: $850.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
C- M -C_ _
P &Z Meeting Date 11 PUBLIC HEARING: ES v NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other 4 T
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork ✓
Energy Center
d i .ya
DATE REFERRED: �I G�r' � INITIAZS:
FINAL ROUTING: DATE ROUTED: INITIAL:
— City Atty / City Engineer Zoning Env. Health
— Housing Other: p
FILE STATUS AND LOCATION:
X89 -�0
On November 21, 1989 the Aspen Planning and Zoning Commission
approved the conditional use review for the Aspen Antique
Brokers, located at 706 West Main Street, subject to conditions
of approval.
I
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10/13//89 p PARCEL ID AND CASE NO.
DATE COMPLETE: II I'J��1 2735 - 124 -45 -005 103A -89
STAFF MEMBER: i -a
PROJECT NAME: Aspen Antique Brokers Conditional Use Review
Project Address: 706 West Main Street
Legal Address: Lot O and the West 220 feet of Lot R, Block 18
l.PPLICANT: B Joseph Krabacher
Applicant Address: P. O. Bx 8127
REPRESENTATIVE: Welton Anderson
Representative Address /Phone:
5 -4576
___-----------------------------------
PAID: YES NO AMOUNT: $850.00 NO. OF COPIES RECEIVED• 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P &Z Meeting Date 11 7 1 PUBLIC HEARING: ES ✓` T'
VESTED
RIGHTS:
YES
NO
CC Meeting Date PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFE
:
City Attorney
7\ City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S D
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork ✓
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other !
DATE REFERRED: (I� U� I INITIALS:
C
FINAL ROUTING:
_ City Atty
— Housing
DATE ROUTED* INITIAL:
! city Engineer Zoning Env. Health
Other:
FILE STATUS AND LOCATION:
R
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE APPROVAL OF ASPEN ANTIQUE BROKERS
CONDITIONAL USE REVIEW
Resolution No. 89 -�p L)
Whereas, the Aspen Planning and Zoning Commission held a
public meeting November 21, 1989; and
Whereas, the Aspen Antique Brokers was included on the
agenda; and
Whereas, the Planning staff recommended approval of the
conditional use with conditions; and
Whereas, the Planning staff only reviewed what was currently
being proposed for the site, not what the applicant intended to
do in the future; and
Whereas, applicant and Commission amended the conditions of
approval; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning
Commission:
That it does hereby approve the Conditional Use review and
for an Antique store at 706 West Main, Aspen following
conditions:
1. The applicant shall agree to join any future improvement
districts.
2. When the applicant expands the building floor area for
their dwelling units, the expansion shall be reviewed by the
Commission pursuant to Section 8 -104 B.l.c.
APPROVED by the Commission at their regular meeting November
L�
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner w
RE: Aspen Antique Brokers Conditional Use, Special Review,
and GMQS Exemption
DATE: November 21, 1989
SUMMARY: The applicant seeks a conditional use approval for an
antique,store in the Office Zone, special review for parking and
a GMQS Exemption for a change of use of an Historic Landmark that
does not increase the existing floor area ratio. Approval from
the Planning and Zoning Commission is required for the
conditional use review. Special review for parking is a review
done by the HPC and the change of use for an Historic Landmark is
a GMQS exemption by the Planning Director.
Staff recommends approval for the conditional use and GMQS
Exemption for the existing 1699 square foot building.
The applicant's request for a Special Review for parking is
premature. In the application, the applicants discuss a future
expansion of the building for dwelling unit proposes. Any
expansion of the building would, among other reviews, require a
parking review. The HPC and Engineering Departments have both
commented that they will review a separate application for any
expansion of the building.
APPLICANT: Mr. and Mrs. Joseph Krabacher as represented by
Welton Anderson
LOCATION: 706 West Main, Lot Q and a portion of Lot R, Block 18
ZONING: Office, Historic Overlay District
APPLICANT'S REQUEST: A conditional use approval, GMQS Exemption,
and Special Review for a change in use from a dwelling unit to an
antique store.
REFERRAL COMMENTS:
Engineering - In a memo from the Engineering Department, Elyse
Elliott - -had the following comments: We have reviewed this
application with respect to it's present application for
Conditional Use for the change from residential to commercial use
only. . We will not review it with respect to the proposed
dwelling unit because we have no plans for the proposed dwelling
unit.
The Engineering Department has the following comments on the
Conditional Use application:
1. Parking - The required number of parking spaces is 3 per 1000
square feet (3/1000 x 1699 =5.1) for commercial uses. The
applicant has provided 5 parking spaces which is acceptable.
2. Trash - The applicant has provided sufficient space for a
dumpster.
3. Special Improvement District - The applicant should agree to
join any future improvement districts.
4. Easement - We would like to have a 4 easement abutting
the alley for a utility pad easement. Although there is a
transformer next door, a utility easement would allow us to place
a pedestal for other utilities.
Historic Preservation Committee - The HPC has reviewed and
recommended Council's approval of both the landmark designation
ordinance for this property, and the adoption of Ordinance #55,
Series of 1989, sponsored by the Krabacher's. Ordinance #55
allows a non - conforming size lot, which is Landmarked, to be
developed with the allowed and conditional uses of that zone
district.
An application for any exterior changes has not been made by the
Krabacher's or their agent for HPC review, therefore, I am unable
to comment on its applicable compatibility to the landmark or the
Main Street Historic District at this time. However, the HPC has
encouraged the adaptive and innovative uses of historic resources
within the context of historic preservation for years. It would
appear that this application meets these goals.
STAFF COMMENTS: The proposal is to change a 1699 square foot, 3
bedroom, single family home into an antique shop. The applicants
intend to keep. approximately 400 square feet of the building
residential in character. In the future, the applicant intends
to add a residential unit on the back of the building. This
would require separate, applicable reviews from the Planning
Commission and the HPC. For this phase of the project, the
applicants propose to provide enough parking and trash service
for the full commercial use of the building.
Conditional Use - Pursuant to Section 7 -304 the following
criteria for conditional use review are as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone District in which it is proposed
to be located.
RESPONSE: According to the Comprehensive Plan this side of Main
Street was designated as single family. In the 1986 Historic
2
Preservation Element, Main Street is identified as an area of
greatest historic importance and visibility in the City. The
1986 Element recommends consideration of such uses as mixed
commercial /residential, low- impact commercial uses provided that
Main Street is not turned into a commercial shopping district.
The applicants proposal of a mixed commercial /residential use at
a small scale compliments the 1986 vision of Historic Main
Street. As mentioned above, the HPC has encouraged the adaptive
and innovative uses of historic resources within the context of
historic preservation for years. -
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of
the parcel proposed for development.
RESPONSE: This end of Main Street is a mixture of land uses:
the Hickory House Restaurant, Christian Science Church, four
office buildings, Mountain Rescue, two single family and one
multi - family residence. The proposal is consistent with
surrounding uses.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
RESPONSE: Five new on -site parking spaces plus a trash area are
planned on the alley. This planned parking meets the needs of
the current proposal. Any further expansion of the building will
be reviewed at another time. Deliveries and pick -up will be from
the alley. Delivery of merchandise is expected 2 or 3 times a
year. The applicant anticipates no unusual noise, vibrations or
odors to be associated with the antique business.
There is no physical change to the building at this phase of
review. If the structure is expanded, the use and additional
square footage shall be reviewed by the appropriate entities.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: Because of the nature of the proposed business there
should be no increased demand on public facilities. As mentioned
before 'the applicant is providing parking and a trash service
area where none currently exists.
3
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
RESPONSE: The change in use of a Historic Landmark without an
increase in floor area is exempt from the provision of affordable
housing. When the applicant expands the building floor area for
their dwelling unit, the expansion will be reviewed by the
Commission pursuant to Section 8 -104 B.l.c.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan and
by all other applicable requirements of this chapter.
RESPONSE: This proposal is consistent with the City's incentive
program for Historic Preservation. It also complies with the
intent of the zone district.
Special Review for Parking Reduction - The applicant seeks an
exemption from parking requirements for the future build out
which is a proposed residential dwelling unit. Pursuant to
Section 8 -104 B.l.c., the HPC is the review body for this type of
variation for historic landmarks. The HPC will not grant a
variation for parking until a proposal for the future addition is
submitted for review and approved. At that time the HPC and
other review bodies will make recommendations regarding that
phase of this project.
GMQS Exemption - Pursuant to Section 8 -104 A.l.b. a change of
use of an Historic Landmark which does not increase the
building's existing floor area ratio may be exempt from GMQS by
the Planning Director.
This proposal represents a change in use without an increase in
floor area. An enlargement or change of use which occurs in
phases shall not exceed these limits on maximum cumulative basis.
When the applicants wish to expand the building then the
application shall be reviewed by the Commission pursuant to 8 -104
B.l.c.
RECOMMENDATION: Staff recommends approval of the change of use
and GMQS exemption for the addition of an antique store at 706
West Main with the following conditions:
1.
--- T, - applicant shall agree to join any future improvement districts.
A a Prior to the issuance of a Certificate of Occupancy, the
licant shall provide a 4 easement abutting the alley for a
pedestal easement.
4
.a,
When the applicant expands the building floor area for their
dwelling unit, the expansion shall be reviewed by the Commission
pursuant to Section 5 -104 B.l.c.
The applicants' request for special review for parking is not
applicable.
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Elyse Elliott, Engineering Department
Date: November 9, 1989
Re: Aspen Antique Brokers Conditional Use Review
We have reviewed this application with respect to it's present
application for Conditional Use for the change from residential
to commercial use only. We will not review it with respect to
the proposed dwelling unit because we have no plans for the
proposed dwelling unit.
The Engineering Department has the following comments on the
Conditional Use application:
1. Parking - The required number of parking spaces is 3 per 1000
square feet (3/1000 x 1699 = 5.1). The applicant has provided 5
parking spaces which is acceptable.
2. Trash - The applicant has provided sufficient space for a
dumpster.
3. Special Improvement District - The applicant should agree to
join any future improvement districts.
4. Easement - We would like to have a 4' x 4' easement abutting
the alley for a utility pad easement. Although there is a
transformer next door, a utility easement would allow us to place
a pedestal for other utilities.
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Roxanne Eflin, Historic Preservation Planner
Re: Referral Comment: Aspen Antique Brokers Conditional
Use Review (706 W. Main St.)
Date: November 9, 1989
The HPC has reviewed and recommended Council's approval of both
the landmark designation ordinance for this property, and the
adoption of Ordinance #55, Series of 1989, sponsored by the
Krabacher's.
An application for any exterior changes has not been made by the
Krabacher's or their agent for HPC review, therefore, I am unable
to comment on its applicable compatibility to the landmark or the
Main Street Historic District at this time. However, the HPC has
encouraged the adaptive and innovate uses of historic resources
within the context of historic preservation for years. It would
appear that this application meets these goals.
memo.11.706wm
.
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TO: City Engineer
Aspen Historic Preservation Committee_
FROM: Leslie Lamont
RE: Aspen Antique Brokers Conditional Use Review
DATE: November 8, 1989
Attached for your review and comments is an application submitted
by Welton Anderson on behalf of his client, Joe Krabacher,
requesting Conditional Use approval for an antique store in an
historic building in the office zone district.
Please review this material and return your comments as soon as
possible. Thank you.
M
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
November 8, 1989
Welton Anderson
P. 0. Box 9946
Aspen, Colorado 81612
RE: Aspen Antique Brokers Conditional Use Review
Dear Welton,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
November 21, 1989 at a meeting to begin at 4:30 pm. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
_ AaaACH 4Nr 1
f� / TAM USE APFUCATICK F
1) Project Name 11�G & Y�Q�✓5
2) Project Incation - 7 oti W- .I , Go7 LQ
- 1DW1,15i7E
(indicate street address, lot & block I=ber, legal des Where
appropriate)
3) P Zoning 0 4) lot Size
5) Applicant's Name, Address & Phone l /72 1W3 Joso"q� / �.•91NG2
70 � (U, d�l3��v , y?5 " -63 9r -6S7a
6) Representative's Name, Address & Phone i
7) Type of Application (please check all that apply)
Conditional Use Ooineptual SPA OonoVtual Historic Dev.
Special Review Final SPA Final Historic pev.
_ 8040 Qeeniline Cxcep HUD _ Minor Histori Dev.
Stream Margin Final HUD Historic Demolition
Maintain View Plane _ Subdivision Historic Designation
mdomini Text/Map Amendment CZQS Allotment
Iot Split/Lot Tim Q4a$ •F: rn
Adjustment
8) Description of E sting Uses - (m=ber and type of exLstirxr stu)cbn:es:
appradmate sq. ft.; nmbPr of bedrooms; any previous approvals granted to the
property)
9r15-1r11,14 ' 3
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74o X , �PP��PZ�y SPo� i� Q20, SS
9) r»s=ipti of Development Application
CofJ�.��orJ�� U5E ��aJ� - 4✓� Sra� ? riJ d -NY 1 , 5, ✓L
1! �/i�rr� DIZ �'✓liiZ�C�r S /— �� Q S FIAW �CTG
�ISTOrlC G�J�,.P�y�1i� /2lL
10) Have you atta
Re sponse — Response to Attacbment 2, Minimum Submission COntents
a. Co ntents
R e s ponse s • Attadment •. •. for Your •• v.
L
M E M O R A N D U M
-N
OCT 1
TO: Leslie Lamont
FROM: Welton Anderson
RE: 706 West Main, Conditional use for Antique Store
DATE: September 20, 1989
�i9p9
Pursuant to Section 5 -201 C. and 7 -301 and Ordinance No. 55), the
following constitutes a Conditional Use Application for the change
in use from residential to Antique Store of no more than 1699
square feet of Joe and Susie Krabacher's historically designated
house at 706 West Main.
Background The house c on September
28, 1989. -&� code has been amended with Ordinance No. 55 to
allow conditional uses on lots not meeting the minimum lot size
for t eir zopq st ict if they are designated historic landmarks.
P erc .. ._ • C'-
Summary of Proposal The existing house is 1699 square feet.
The applicant wishes to change the use of the entire house to
commercial even though a small portion (plus or minus 400 square
feet) will remain residential in character for the Krabachers' use.
Eventually the Krabachers intend to add a dwelling unit for
themselves on the back. This will require separate Planning and
Zoning approval under Section 8 -104, B.l.c., GMQS Exemption to
increase the buildings existing floor area for the new dwelling
unit. The applicants propose to provide parking and trash service
areas on site adequate for the full commercial use of the house at
this time even though the commercial use will be somewhat scaled
back for the first few years.
Conditional Use Section 7 -304 of the Land Use Code sets out
the standards for Conditional Use Review:
A. The conditional use is consistent with the purposes,
goals, objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: According to the Aspen Area Comprehensive Plan the
location of the proposed antique store is within the Main Street
Historic District. The purpose of this district is to allow for
the transition of former residences into office uses with limited
commercial uses allowed in Historic Landmarks.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
C
706 West Main
October 13, 1989
Page 2
development and surrounding land
complimentary uses and activities
parcel proposed for development.
uses, or enhances the mixture of
in the immediate vicinity of the
RESPONSE: Within a one block radius on Main Street of the
proposed Antique Store is the Hickory House Restaurant, Christian
Science Church (formerly Sorensen's Danish Antiques), four office
buildings, Mountain Rescue, two single family and one multi - family
residence. This is consistent with this mix of uses.
C. the location, size, design and operating characteristics
of the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties.
RESPONSE: No physical changes are planned for the immediate
future except for the provisions of five new on -site parking spaces
and a trash area (sized for the ultimate buildout) on the alley and
upgrading of the landscaping and fencing on Main Street. The site
is already served by a four foot sidewalk on Main Street. Service
deliveries will happen 2 to 3 times a year for incoming merchandise
from buying trips. Outgoing customer deliveries of large items
would happen in the alley during regular business hours. No
unusual noise, vibrations or odors are associated with the antique
business.
When and if the structure is expanded, parking and trash will
have already been sized for the maximum sized business and visual
impacts will be reviewed by H.P.C. to evaluate expansion to the
landmark in the Main Street Historic District.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage
systems, and schools.
RESPONSE: The applicants propose no significant increased
demands on public facilities. Due to the nature of the proposed
business, no substantial impact is expected on roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, drainage or schools.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
706 West Main
October 13, 1989
Page 3
RESPONSE: The change in use of a Historic Landmark where
there is no increase in floor area is exempted from the provision
to supply affordable housing. At such time as the Krabachers
decide to expand the buildings floor area with their own dwelling
unit, the expansion will be reviewed by Planning and Zoning under
Section 8 -104 B.l.c. and affordable housing will be provided as
required.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan and
by all other applicable requirements of this chapter.
RESPONSE: The proposed commercial use in the Main Street
Historic District is consistent with both the intent of the zone
district and with the City's incentive program for Historic
Preservation.
SPECIAL REVIEW FOR PARKING REDUCTION:
The full parking requirement of three (3) parking spaces /1000
square feet x the ultimate commercial buildout of 1699 square feet
equals 5.1 parking spaces which the applicant proposes to provide
as part of this approval. The applicant proposes Special Review
to exempt the residential parking requirement which is allowed for
Historic Landmarks under Article 5, Division 3.
GMQS EXEMPTION:
Article 8 -104 B.l.c. allows for the commission to exempt
enlargement or change in use of a Historic Landmark. Ultimately,
the commercial square footage will not expand beyond the limits of
the existing 1699 square foot house, making it a change in use.
Any additional square footage will be for a single family
residential unit for the owners applied for under Section 8 -104
B.l.c. at the appropriate time.
The applicants propose to mitigate housing and parking impacts
as described in the conditional use application attached. Water
and sewer will not be materially affected because no more than one
new bathroom will ultimately be added.
Drainage will not be affected as no impermeable surfaces will
be installed. A store of this size should have no effect on
transportation services. The subject property is within five
minutes of fire protection service. As for solid waste, the
subject property is served by an alley and there is a 7.5 foot wide
area separate from the required parking dedicated to trash.
706 West Main
October 13, 1989
Page 4
The site design will not substantially change even at the
ultimate buildout because of the Historic Landmark status of the
property. The landmark structure will remain at the front of the
site and any new residential construction will be concentrated
toward the rear of the site. Surrounding structures are a mix of
one and two story Historic and new Victorian and contemporary
structures generally characterized by a minimum ten foot front set
back and small front yard.
BJK1X /03
B. JOSEPH KRABACHER
P.O. Box 8127
Aspen, CO 81612
June 14, 1989
Aspen / Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Attention: Roxanne Eflin
Re: 706 West Main Street, Aspen, Pitkin County, Colorado
Dear Roxanne:
This letter will serve as the letter of authorization to allow
my representative, Welton Anderson, P.O. Box 9946, Aspen, Colorado
81612 (303- 925 -4576) to act on my behalf in connection with any and
all zoning and land use applications involving 706 West Main
Street, Aspen, Colorado 81611 also known as Lot Q and the west 20
feet of Lot R, Block 18, City and Townsite of Aspen, Pitkin County,
Colorado.
If you have any questions, please feel free to give me a call.
Very truly yours,
B. eph Krabacher
BJK /ch
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NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE A-0WW' S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT -2703 12/02/88 ® 2:26 P.M. $ 275,000.00 85-01 - 097598
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2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND MUCH IS COVERED BY THIS POLICY IS:
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LOT Q, AND THE WEST 20 FEET OF LOT R, BLOCK 18, CITY AND TOWNSITE OF ASPEN, COUNTY OF
PITKIN, STATE OF COLORADO
PITKIN COUNTY TITLE, INC.
• x c-1 601 E. HOPKINS AVE.
Counte Agent ASPEN, COLORADO 81611
(303) 925 -1766
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