HomeMy WebLinkAboutagenda.hpc.20101208 ASPEN HISTORI P RESERVATION COMMISSION
DECEMBER 8, 2010
5:00 P.M. REGULAR MEETING
CITY COUNCIL ROOM
130 S. GALENA
ASPEN, COLORADO
SITE VISITS: Please meet at 920 W. Hallam at 12 p.m. Dec. 8` —
Please visit 610 E. Hyman Ave. on your own.
I. Roll call
II. Approval of minutes — Nov. 11, 2010
III. Public Comments
IV. Commission member comments
V. Disclosure of conflict of interest (actual and apparent)
VI. Project Monitoring:
VII. Staff comments — (15 min.)
VIII. Certificate of No Negative Effect issued
(Next resolution will be #15)
I. OLD BUSINESS
II. NEW BUSINESS
A. 920 W. Hallam Street — Substantial Amendment to Major
Development approval, Public Hearing (30 min.)
B. 610 E. Hyman Ave. — Landmark designation, Major
Development and commercial Design Review, Ordinance
#48 negotiation, Public Hearing (1 hour, 30 min.)
III. WORK SESSIONS/ DISCUSSION
A. None
IV. 7:15 p.m. Adjourn
Provide proof of legal notice (affidavit of notice for PH)
Staff presentation
Applicant presentation
Board questions and clarifications
Public comments (close public comment portion of hearing)
Chairperson identified the issues to be discussed
Applicant rebuttal (comments)
Motion
No meeting of the UPC shall be called to order without a quorum consisting
of at least four (4) members being present. No meeting at which less than a
quorum shall be present shall conduct any business other than to continue
the agenda items to a date certain. All actions shall require the concurring
vote of a simple majority, but in no event less than three (3) concurring votes
of the members of the commission then present and voting.
PROJECT MONITORING
Sarah Broughton
110 E. Bleeker
604 West Main Street
222 E. Bleeker (new single family home)
Brian McNellis Fox Crossing Victorian
332 West Main Street
1291 Riverside Drive
212 n. monarch
Ann Mullins Boomerang
604 West Main Street
300 South Spring Street
222 E. Bleeker (new single family home)
Deep Powder
Lift One Project
135 W. Hopkins
Jay Maytin 28 Smuggler Grove Road
627 W. Main
Red Butte Cemetery
212 n. monarch
Lift One Project
Nora Berko 28 Smuggler Grove Road
Jason Lasser 525 E. Cooper, Aspen Grove
Crandall Building
Lift One Project
135 W. Hopkins
Jamie Brewster McLeod
Crandall Building
202 N. Monarch (Blue Vic)
M: \city \planning\hpc project monitoring\PROJECT MONITO 1RIN .d0c
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Sara Adams, Senior Planner
RE: 920 W. Hallam Street - Substantial Amendment to Approved Development Order
and Relocation- Public Hearing
DATE: December 8, 2010
SUMMARY: 920 West Hallam Street is a locally designated miner's cottage constructed in
1888. A historic outbuilding that has been converted td a garage is located at the rear of the
property. In 2006, HPC granted Minor Development approval that permitted construction of a
basement underneath the existing garage, a variance for a zero foot rear yard setback for the
subgrade space, minor modifications to the garage and minor modifications to the existing
breezeway that connects the home to the garage. Temporary onsite relocation approval of the
garage was granted to excavate the basement
The owners request to amend the Development Order granted in 2006 by proposing the following
changes:
1. Minor modifications to the breezeway roof and stairs between the home and
garage.
2. Elimination of an at -grade skylight.
3. Relocate the garage toward the north to the 5' rear yard setback boundary.
STAFF RECOMMENDATION: Staff finds that the review criteria are met and recommends
that HPC grant Relocation approval and a Substantial Amendment to an Approved Development
Order.
APPLICANT: Chris Bendon and Sheri Sanzone, 920 W. Hallam Street, Aspen Colorado.
PARCEL ID: 2735- 123 -18 -002
ADDRESS: 920 West Hallam Street, Aspen Historic Cottages, Unit B1 as shown on the
Common Interest Planned Community Plat for Lot B, Block 4, City and Townsite of Aspen,
Colorado.
ZONING: R -6, Medium Density Residential.
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BACKGROUND: The two historic structures located at 920 Hallam have already been altered
and relocated. At some point, probably in the 1950s, the rear of the historic home was enlarged.
Prior to 1998, the garage (shown below) faced and had access off of Hallam Avenue; however
the original location of this structure in unknown (it is not depicted on this lot on the 1904
Sanborne map). Both the historic home and outbuilding were relocated onsite when the property
was approved for a landmark lot split in 1998. The shed roof addition to the left of the garage
was removed during relocation.
Images before the relocation in 1998:
u
Photo 1: 920 West Hallam Photo 2: Historic Outbuilding (garage)
In 2000, HPC granted approval to develop Lot B of Aspen Historic Cottages with a new detached
residential building and to rehabilitate the existing historic house and historic outbuilding (aka
the garage). Subsequently, Lot B was condominiumized into Units B -1 and B -2. The historic
resources are both located on Unit B -1.
An aerial image showing ' r
existing conditions and the , r i+� `` `
relationship of the buildings p._ I •f • - r . =1 f. •,��
and garages to the alley is �g" : '' ,• � ' ~ � 4a ,. N
i t
pictured at right. 4 ! ., 4 t4
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920 West Hallam 1.LL, •i • ! l r
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Photo 3: Existing Conditions
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Land Use Code Section 26.415.070.E.2: Substantial Amendment
All changes to approved plans that materially modem the location, size, shape, materials,
design, detailing or appearance of the building elements as originally depicted must be
approved by the HPC as a substantial amendment.
Staff Response:
The applicant proposes to slightly alter the roof pitch of the breezeway between the historic home
and the garage to align with the pitch of the existing roof cricket above the exterior door. The
roof material is proposed to be either fiberglass or polycarbonate (corrugated fiberglass was
approved). The proposed change in roof pitch does not obscure any significant architectural
features, and the proposed material is consistent with the intent approved in 2006. Both elements
provide a clear distinction between new and old construction. Furthermore, the location of the
breezeway in the middle of the lot limits its visibility from any public rights of way. Staff finds
that the proposed changes are appropriate and meet the Design Guidelines below:
10.4 Design a new addition to be recognized as a product of its own time.
❑ An addition should be made distinguishable from the historic building, while also remaining
visually compatible with these earlier features.
❑ A change in setbacks of the addition from the historic building, a subtle change in material or
a differentiation between historic, and more current styles are all techniques that may be
considered to help define a change from old to new construction.
10.9 Roof forms should be similar to those of the historic building.
❑ Typically, gable, hip and shed roofs are appropriate.
❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs.
The applicant proposes two minor alterations: rebuild the existing non - historic rear stairs and
eliminate an approved at -grade skylight. Staff finds that these alterations are appropriate and the
elimination of the skylight improves the overall project.
Land Use Code Section 26.415.090 Relocation of Designated Properties
The intent of this Chapter is to preserve designated historic properties in their . original
locations as much of their significance is embodied in their setting and physical relationship
to their surroundings as well as their association with events and people with ties to particular
site. However, it is recognized that occasionally the relocation of a property may be
appropriate as it provides an alternative to demolition or because it only has a limited impact
on the attributes that make it significant
The following standards apply for relocating a historic property as per Section 26.415.090.0 of
the Municipal Code:
C. Standards for the Relocation of Designated Properties
Relocation for a building, structure, or object will be approved if it is determined that it
meets any one of the following standards:
1. It is considered a non - contributing element of a historic district and its relocation
will not affect the character of the historic district; or
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2. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the historic
district or property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships of
adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
Staff Response: The applicant proposes to relocate the garage to the north approximately 3'
which will provide a distance of about 9' 10" between the rear facade of the home and the
garage. The proposed garage relocation complies with the required 5' rear yard setback. As
mentioned above, the garage is not in its original location. There are no proposed changes to the
foundation material (painted metal flashing to match existing condition) or relationship to grade
that were approved in 2006.
Staff fords that criterion 4 is met in that the relocation will not adversely affect the relationship of
the garage to the historic home or the adjacent homes. Outbuilding were typically located at the
rear of the property along an alley. The garage has already been moved at least twice, so shifting
it back 3' will not impact the historic integrity of the site. Criteria 1 and 3 above are included as
conditions of approval that require the applicant to submit documentation that the building is
capable of being moved and to submit a letter of credit to ensure the safe relocation of the home
prior to issuance of a building permit. Staff finds that the criteria are met and recommends that
HPC approve relocation of the garage.
DECISION MAKING OPTIONS:
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
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RECOMMENDATION: Staff recommends that HPC approve the Substantial Amendment to
HPC Resolution No. 2, Series of 2006 and grant Relocation approval, with the following
conditions:
1. The reconfigured breezeway is approved as represented in the application.
2. Reconstruction of the rear stairway and railing to match existing is approved.
3. Elimination of the at -grade skylight is approved.
4. Relocation of the garage to the 5' rear yard setback boundary, as represented in the
application is granted.
5.. A report from a licensed engineer or architect demonstrating that the building (garage)
can be moved must be submitted with the building permit application.
6. A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the
structure must be submitted with the building permit application.
7. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application if relocation
is necessary.
8. The approval and conditions granted pursuant to HPC Resolution No. 2, Series of 2006
are valid, with the exception of the amendments specified herein.
9. The 0' rear yard setback variance for the basement beneath the garage granted pursuant to
HPC Resolution No. 2, Series of 2006 remains valid.
10. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
Resolution # _ , Series of 2010 (including Exhibit A, approved site plan)
Exhibits:
A. Design Guidelines
B. Resolution No. 2, Series of 2006 granted by HPC on February 8, 2006
C. Application
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•
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT TO A DEVELOPMENT ORDER AND
RELOCATION OF THE GARAGE FOR THE PROPERTY LOCATED AT 920 WEST
HALLAM STREET, ASPEN HISTORIC COTTAGES, UNIT B -1 AS SHOWN ON THE
COMMON INTEREST PLANNED COMMUNITY PLAT FOR LOT B, BLOCK 4, CITY
AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. , SERIES OF 2010
PARCEL ID: 2735- 123 -18 -002
WHEREAS, the applicants, Chris Bendon and Sheri Sanzone, represented by Gilbert Sanchez,
have requested a Substantial Amendment to a Development Order and Relocation of the garage
for the property located at 920 W. Hallam Street, legally known as Unit B -1, as shown on the
Common Interest Planned Community Plat for Lot B, Aspen Historic Cottages; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, at their regular meeting on February 8, 2006, the HPC considered an application
for Minor Development, a rear yard setback Variance and Relocation, found the application was
consistent with the review standards and the City of Aspen Historic Preservation Design
Guidelines, and approved Resolution No. 2 of 2006 granting Minor Development approval,
Temporary Relocation of the garage, and a zero foot rear yard setback Variance for a basement
underneath the garage by a vote of 4 — 0; and
WHEREAS, Section 26.415.070.E.2 of the Municipal Code states that " all changes to approved
plans that materially modify the location, size, shape, materials, design, detailing or appearance
of the building elements as originally depicted must be approved by the HPC as a substantial
amendment; and
WHEREAS, the HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision to approve
or deny; and
WHEREAS, in order to approve relocation, according to Section 26.415.090.C, Relocation of a
Designated Property, it must be determined that:
1. It is considered a non - contributing element of a historic district and its relocation will
not affect the character of the historic district; or
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2. It does not contribute to the overall character of the historic district or parcel on which
it is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given
the character and integrity of the building, structure or object and its move will not
adversely affect the integrity of the historic district in which it was originally located or
diminish the historic, architectural or aesthetic relationships of adjacent designated
properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security; and
WHEREAS, Sara Adams, in her staff report dated December 8, 2010, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met, and recommended approval; and
WHEREAS, at their regular meeting on December 8, 2010, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of _ to _.
NOW, THEREFORE, BE IT RESOLVED:
HPC grants approval for a Substantial Amendment to Resolution No. 2, Series of 2006 and
Relocation for the property located at 920 West Hallam Street, Unit B -1, as shown on the
Common Interest Planned Community Plat for Lot B, Aspen Historic Cottages, with the
following conditions:
1. The reconfigured breezeway is approved as represented in the application.
2. Reconstruction of the rear stairway and railing to match existing is approved.
3. Elimination of the at -grade skylight is approved.
4. Relocation of the garage to the 5' rear yard setback boundary, as represented in the
application is granted.
5. A report from a licensed engineer or architect demonstrating that the building (garage)
can be moved must be submitted with the building permit application.
6. A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the
structure must be submitted with the building permit application.
7. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application if relocation
is necessary.
8. The approval and conditions granted pursuant to HPC Resolution No. 2, Series of 2006
are valid, with the exception of the amendments specified herein.
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9. The 0' rear yard setback variance for the basement beneath the garage granted pursuant to
HPC Resolution No. 2, Series of 2006 remains valid.
10. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
11. The development approvals granted herein shall constitute a site - specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site - specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews
necessary to obtain a development order as set forth in this Ordinance, the City
Clerk shall cause to be published in a newspaper of general circulation within the
jurisdictional boundaries of the City of Aspen, a notice advising the general public
of the approval of a site specific development plan and creation of a vested property
right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of
three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
property: 920 West Hallam Street.
Nothing in this approval shall exempt the development order from subsequent
reviews and approvals required by this approval of the general rules, regulations
and ordinances or the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and
judicial review; the period of time permitted by law for the exercise of such rights
shall not begin to run until the date of publication of the notice of final
development approval as required under Section 26.304.070(A). The rights of
referendum shall be limited as set forth in the Colorado Constitution and the
Aspen Home Rule Charter.
[signatures on following page]
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APPROVED BY THE COMMISSION at its regular meeting on the 8th day of December,
2010.
HISTORIC PRESERVATION COMMISSION
Sarah Broughton, Chair
Approved as to Form:
Jim True, City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Exhibit A: Approved Site Plan
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Exhibit A: Relevant Historic Preservation Design Guidelines for 920 West Hallam, Substantial
Amendment.
8.1 If an existing secondary structure is historically significant, then it must be preserved.
❑ When treating a historic secondary building, respect its character- defining features. These
include its primary and roof materials, roof form, windows, doors and architectural details.
❑ If a secondary structure is not historically significant, then its preservation is optional.
8.5 Avoid moving a historic secondary structure from its original location.
❑ A secondary structure may only be repositioned on its original site to preserve its historic
integrity.
9.1 Proposals to relocate a building will be considered on a case -by -case basis.
❑ In general, relocation has less of an impact on individual landmark structures than those in
a historic district.
❑ It must be demonstrated that relocation is the best preservation alternative.
❑ Rehabilitation of a historic building must occur as a first phase of any improvements.
❑ A relocated building must be carefully rehabilitated to retain original architectural details
and materials.
❑ Before a building is moved, a plan must be in place to secure the structure and provide a
new foundation, utilities, and to restore the house.
❑ The design of a new structure on the site should be in accordance with the guidelines for
new construction.
❑ In general, moving a building to an entirely different site or neighborhood is not approved.
9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the
boundaries of its historic parcel.
❑ If a historic building straddles two lots, then it may be shifted to sit entirely on one of the
lots. Both lots shall remain landrnarked properties. •
9.4 Site the structure in a position similar to its historic orientation.
❑ It should face the same direction and have a relatively similar setback.
❑ It may not, for example, be moved to the rear of the parcel to accommodate a new building
in front of it.
9.5 A new foundation should appear similar in design and materials to the historic
foundation.
❑ On modest structures, a simple foundation is appropriate. Constructing a stone foundation
on a modest miner's cottage is discouraged because it would be out of character.
❑ Where a stone foundation was used historically, and is to be replaced, the replacement
should be similar in the cut of the stone and design of the mortar joints.
9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation
above grade.
❑ Raising the building slightly above its original elevation is acceptable. However, lifting it
substantially above the ground level is inappropriate.
❑ Changing the historic elevation is discouraged, unless it can be demonstrated that it
enhances the resource.
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9.7 A lightwell may be used to permit light into below -grade living space.
❑ In general, a lightwell is prohibited on a wall that faces a street (per the Residential Design
Standards).
❑ The size of a lightwell should be minimized.
❑ A lightwell that is used as a walkout space may be used only in limited situations and will
be considered on a case -by -case basis. If a walkout space is feasible, it should be surrounded
by a simple fence or rail.
10.3 Design a new addition such that one's ability to interpret the historic character of the
primary building is maintained.
❑ A new addition that creates an appearance inconsistent with the historic character of the
primary building is inappropriate.
❑ An addition that seeks to imply an earlier period than that of the primary building also is
inappropriate.
❑ An addition that seeks to imply an inaccurate variation of the primary building's historic
style should be avoided.
❑ An addition that covers historically significant features is inappropriate.
10.4 Design a new addition to be recognized as a product of its own time.
❑ An addition should be made distinguishable from the historic building, while also
remaining visually compatible with these earlier features.
❑ A change in setbacks of the addition from the historic building, a subtle change in material
or a differentiation between historic, and more current styles are all techniques that may be
considered to help define a change from old to new construction.
10.5 When planning an addition to a building in a historic district, preserve historic
alignments that may exist on the street.
❑ Some roof lines and` porch eaves on historic buildings in the area may align at
approximately the same height. An addition should not be placed in a location where these
relationships would be altered or obscured.
10.6 Design an addition to be compatible in size and scale with the main building.
❑ An addition that is lower than or similar to the height of the primary building is preferred.
10.7 If it is necessary to design an addition that is taller than a historic building, set it back
substantially from significant facades and use a "connector" to link it to the historic
building.
❑ A 1 -story connector is preferred.
❑ The connector should be a minimum of 10 feet long between the addition and the primary
building.
❑ The connector also should be proportional to the primary building.
10.8 Place an addition at the rear of a building or set it back from the front to minimize the
visual impact on the historic structure and to allow the original proportions and character to
remain prominent.
❑ Locating an addition at the front of a structure is inappropriate.
❑ Additional floor area may also be located under the building in a basement which will not
alter the exterior mass of a building.
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❑ Set back an addition from primary facades in order to allow the original proportions and
character to remain prominent. A minimum setback of 10 feet on primary structures is
recommended.
10.9 Roof forms should be similar to those of the historic building.
❑ Typically, gable, hip and shed roofs are appropriate.
❑ Flat roofs are generally inappropriate for additions on residential structures with sloped
roofs.
10.10 Design an addition to a historic structure such that it will not destroy or obscure
historically important architectural features.
❑ For example, loss or alteration of architectural details, cornices and eavelines should be
avoided.
10.11 On a new addition, use exterior materials that are compatible with the historic
materials of the primary building.
❑ The new materials should be either similar or subordinate to the original materials.
11.8 Use building materials that contribute to a traditional sense of human scale.
❑ Materials that appear similar in scale and finish to those used historically on the site are
encouraged.
❑ Use of highly reflective materials is discouraged.
11.9 Use building components that are similar in size and shape to those of the historic
property.
❑ These include windows, doors and porches.
❑ Overall, details should be modest in character.
11.10 The imitation of older historic styles is discouraged.
❑ This blurs the distinction between old and new buildings.
❑ Highly complex and ornately detailed revival styles that were not a part of Aspen's history
are especially discouraged on historic sites.
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IINIIIIIINI!II I1,11111III11IIII111I1111I 58111263
JFNICE K VAS CNUDILI PITKIN COUNTY CO 02/23/2005 11:55{
R 15.00 D 0.00
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT, RELOCATION AND
A VARIANCE FOR THE PROPERTY LOCATED AT 920 WEST HALLAM STREET,
UNIT B -1, AS SHOWN ON THE COMMON INTEREST PLANNED COMMUNITY
PLAT FOR LOT B, ASPEN HISTORIC COTTAGES
RESOLUTION NO.,, SERIES OF 2006
PARCEL ID: 2735 - 123 -18 -002
WHEREAS, the applicants, David and Amy Guthrie, represented by Gilbert Sanchez, have
requested a Certificate of Approval for Minor Development, Relocation, and a Variance for the
property located at 920 W. Hallam Street, legally known as Unit B -1, as shown on the common
interest planned community plat for Lot B, Aspen Historic Cottages; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2
and 3 of the Municipal Code and other applicable code sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, in order to approve relocation, according to Section 26.415.090.C, Relocation of a
Designated Property, it must be determined that:
I. It is considered a non - contributing element of a historic district and its relocation will
not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which
it is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given
the character and integrity of the building, structure or object and its move will not
adversely affect the integrity of the historic district in which it was originally located or
diminish the historic, architectural or aesthetic relationships of adjacent designated
properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
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JANICE K VOS CQIJDILL GITKIN COUNTY CO R 16.00 D 0.00
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security; and
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that the setback variance:
a. Is similar to the pattern, features and character of the historic property or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural character
of the historic property, an adjoining designated historic property or historic district; and
WHEREAS, Jennifer Phelan, in her staff report dated February 8, 2006, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met except for the variance review criteria,
and recommended approval of the Minor Development and Relocation with conditions; and
WHEREAS, at their regular meeting on February 8, 3006, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of t l to O .
NOW, THEREFORE, BE IT RESOLVED:
That the HPC hereby grants approval for Minor Development, Relocation, and a Variance for 920
W. Hallam Street, Unit B -1, as shown on the common interest planned community plat for Lot B,
Aspen Historic Cottages with the following conditions:
1. A report from a licensed engineer or architect demonstrating that the building (garage)
can be moved must be submitted with the building permit application if relocation is
necessary.
2. A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the
structure must be submitted with the building permit application if relocation is
necessary.
3. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application if relocation
is necessary.
4. HPC hereby grants a rear yard setback variance to allow the underground basement
addition to sit at the property line (zero foot setback). Absolutely no permanent
encroachment into the right -of -way shall be permitted.
APPROVED BY THE COMMISSION at its regular meeting on the 8 day of February,
2006.
Ap oved as o For:
David Hoefer, Aargan City Attorney
P16 "
Ap. on. s to conte :
TO P'SE' ATIONCOIi SION
. .
Michael Ho a ice -Chair
ATTES
Kathy Stricklau'd, Chief Deputy Clerk
111 1111111111111111D ICI IIII IIII 02/23 2 066 1 :581
JPNICE K VOS CAUDILL PITKIN COUNTY CO R 16 .00 D 0.00
BENDON•SANZONE
920 WEST HALLAM STREET
A S P E N C O
8 1 6 1 1
NOVEMBER 12, 2010
Sara Adams
Senior Planner
Aspen Community Development
City of Aspen
RE: 920 WEST HALLAM STREET - HPC AMENDMENT
Dear Sara:
Please accept this application to amend our existing HPC approval granted via HPC
Resolution No. 2, Series 2006, as extended via City Council Resolution No. 16, Series 2009.
The amendment requests approval to relocate the garage structure five feet from the
alleyway property line and to construct related improvements to the rear steps of the house
and breezeway connecting the house and garage.
We have authorized Gilbert Sanchez to represent us in this application. Gilberts address is
PO Box 9287; Aspen, CO 81612, and he can be reached at 948.0597 or prsaiaArof.net.
Respectful y /
Chris Bendon and Sheri Sanzone, owners
Lot B1, Aspen Historic Cottages
920 West Hallam Street
Aspen, CO 81611
(970) 309.9753
Attached:
One copy of: Signed fee agreement, fee deposit, pre - application summary
A — Application form, dimensional requirements, vicinity map
B — Project narrative, response to criteria, photos
C — Existing and proposed drawings
D — Previous approvals
E — HOA letter, proof of ownership, survey
ATTACHMENT 2 - Historic Preservation Land Use Application
PROJECT: .... ... .. .
Name: Bendon / Sanzone Residence
Location: 920 West Hallam
Lot Bi, Aspen Historic Cottages, Block 4, City & Townsite of Aspen
(Indicate street address, lot & block number or metes and bounds description of property)
Parcel ID# (REQUIRED) 2735- 123 -18 -002
APPLICANT:
Name: Chris Bendon & Sheri Sanzone
Address: 920 West Hallam, Aspen, CO 81611
309.9753
Chris.Bendon@ci.aspen.co.us
Phone #: Fax #: E -mail:
REPRESENTATIVE:
Name: Gilbert Sanchez
Address: PO Box 9287
Phone #: 948.0597 Fax #: 920.7822 E -mail: grsaia @rof.net
TYPE OF APPLICATION: (please check all that apply):
n Historic Designation ❑ Relocation (temporary, on
❑ Certificate of No Negative Effect n or off -site)
❑ Certificate of Appropriateness ❑ Demolition (total
❑ -Minor Historic Development demolition)
❑ -Major Historic Development n Historic Landmark Lot Split
❑ - Conceptual Historic Development
❑ -Final Historic Development
X - Substantial Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Historic single - family residence & garage. Previous HPC approvals for
basement expansion, new breezeway roof, and subgrade rear yard setback
vaiiauce.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Amendment includes on -site relocation of the garage, elimination of
previously approved at -grade skylight & reconstruction of the breezeway
roof & non - original rear stairs on the single - family residence. No change
to the subgrade rear yard setback variance.
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
General Information
Please check the appropriate boxes below and submit this page along with your application. This
information will help us review your plans and, if necessary, coordinate with other agencies that
may be involved.
YES NO
Does the work you are planning include exterior work; including additions,
demolitions, new construction, remodeling, rehabilitation or restoration?
▪ ❑ Does the work you are planning include interior work; including remodeling,
rehabilitation, or restoration?
❑ X Do you plan other future changes or improvements that could be reviewed at this
time?
❑ In addition to City of Aspen approval for a Certificate of Appropriateness or No
Negative Effect and a building permit, are you seeking to meet the Secretary of
the Interior's Standards for Rehabilitation or restoration of a National Register of
Historic Places property in order to qualify for state or federal tax credits?
❑ ❑ If yes, are you seeking federal rehabilitation investment tax credits in
conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner- occupied residential
properties are not.)
❑ ❑ If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
❑ Rehabilitation Loan Fund ❑ Conservation Easement Program ❑ Dimensional Variances ❑
Increased Density ❑ Historic Landmark Lot Split ❑ Waiver of Park Dedication Fees ❑
Conditional Uses ❑ Exemption from Growth Management Quota System ❑ Tax
Credits
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project: Bendon /Sanzone Residence
Applicant: Chris Hendon & Sheri Sanzone
Project 920 West Hallam
Location: AspPn, CO 81611
Zone
District: R -6
Lot Size: 7,538 SF (Lot B - There is no lot line between El & B2)
Lot Area: 7,538 SF
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable: Existing: NA Proposed: NA
Number of residential units: Existing: 2 Proposed: 2
Number of bedrooms: Existing: 6 Proposed: 6
Proposed % of demolition: 0
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: B Existing: 997 SF Allowable: 1000 SF Proposed: 100 SF
Height B2 1,854 SF 1,854 SF No Change
Principal Bldg.: Existing: Allowable: Proposed' No Change
Accessory Bldg.: Existing: Allowable: Proposed: No Change
On -Site parking: Existing: Required: Proposed: No Change
% Site coverage: Existing: Required: Proposed.
% Open Space: Existing: NA Required: NA Proposed: NA
Front Setback: Existing: 22 ' Required: 22 ' Proposed: No Change
Rear Setback: Existing: 10 ' Required: 10 ' Proposed. No Change
Garage @ alley 8.1' 5' 5'
Combined Front/Rear:
Indicate N, S, E, W Existing. Required: Proposed: No Change
Side Setback: Existing: Required: Proposed: No Change
Side Setback: Existing: Required: Proposed: No Change
Combined Sides: Existing: Required: Proposed: No Change
Distance between Existing: Required: Proposed: No Change
buildings:
Existing non - conformities or encroachments and note if encroachment licenses have been issued:
Variance for below -grade construction to the rear property line
previously granted by HPC.
Variations requested (identify the exact variances needed):
None
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
EL - , ' ASPEN
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920 WEST HALLAM
PROJECT NARRATIVE
Previous HPC approvals were granted for this project in 2006 and have been extended to March 2012 by the
City of Aspen. These included approvals for a temporary relocation of the historic garage to permit the
construction of expanded basement space, the reconstruction of the breezeway roof between the historic
garage and the historic single - family residence and a variance in the rear yard setback to allow the
construction of below -grade space to the alley property line.
This Application for a Substantial Amendment to the existing approvals proposes the following revisions:
• Permanent On -site Relocation of the Garage - The garage is proposed to be moved 3' to the north
so that it conforms to the 5' setback requirement for garages located on alleys in the R -6 zone
district. The relocation will result in a better separation from the historic single - family residence and
provide a modest enhancement of its visibility on the alley. The current location of the garage is not
original having been established in the 1999 subdivision of the property.
• Elimination of At -Grade Skylight - A previously approved skylight east of the historic garage is
proposed to be eliminated to reduce the visual impact on the historic garage and improve the long-
term functionality of the project.
• Reconstruction of the Breezeway Roof - The proposed reconstruction of the non - original roof
connecting the garage to the single - family residence becomes necessary if the garage relocation is
approved by HPC. It is also intended to simplify the roof lines of this structure and the associated
cricket on the historic house, to enhance its relationship with the historic structures and to improve
the long -term functionality and maintenance of the project.
• Reconstruction of the Breezeway Stair - The proposed reconstruction of the non - original wood
stair that provides access to the back door of the historic single - family residence is requested to
improve functionality with 1' of increased width.
• Maintenance of the Subgrade Rear Yard Setback Variance - While the Owner may not utilize
the full extent of the previous HPC approved subgrade rear yard setback variance, this application
does not propose to vacate the granted variance.
Responses to the HPC guidelines are as follows:
Treatment of Roofs
7.1 Preserve the original form of a roof.
• Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as
seen from the street.
• Retain and repair roof detailing.
RESPONSE: The visible forms of the original roofs of the historic single-family residence and the
historic garage are not altered by the proposed reconstruction of the breezeway roof. The proposed
simplification of the breezeway rooflines enhances its compatibility with the historic roofs.
7.2 Preserve the original eave depth.
• The shadows created by traditional overhangs contribute to one's perception of the building's historic scale
and therefore, these overhangs should be preserved.
RESPONSE: The proposed reconstruction of the breezeway roof does not impact the original eave depth
of the historic structures. The proposed simplification of the breezeway roofines enhances its
compatibility with the historic roofs.
7.3 Minimize the visual impacts of skylights and other rooftop devices.
• Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic
structure. Locating a skylight or a solar panel on a front roof plane is not allowed.
• A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the
ridgeline.
RESPONSE: Not Applicable.
7.4 A new chimney should be the same scale as those used historically.
• A new chimney should reflect the width and height of those used historically.
RESPONSE: Not Applicable.
7.5 Preserve original chimneys, even if they are made non- functional.
RESPONSE: Not Applicable.
7.6 When planning a rooftop addition, preserve the overall appearance of the original roof.
• An addition should not interrupt the original ridgeline.
• See also: Chapter 10, Guidelines for Building Additions.
RESPONSE: Not Applicable.
7.7 A new dormer should remain subordinate to the historic roof in scale and character.
• A new dormer should fit within the existing wall plane. It should be lower than the ridgeline and set in from
the eave. It should also be in proportion with the building.
• The mass and scale of a dormer addition must be subordinate to the scale of the historic building.
RESPONSE: Not Applicable.
Materials
7.8 Preserve original roof materials.
• Avoid removing historic roofing material that is in good condition. When replacement is necessary, use a
material that is similar to the original in both style as well as physical qualities and use a color that is similar
to that seen historically.
• Specialty materials such as tile, slate or concrete should be replaced with a matching material.
RESPONSE: The existing roofing materials on the historic residence and garage are intended to be
maintained Roofing material of the rebuilt cricket on the historic house shall match the existing.
7.9 New or replacement roof materials should convey a scale, color and texture similar to those used
traditionally.
• Replacement materials should be similar to those used historically on comparably styled buildings.
• If a substitute is used, such as composition shingle, the roof material should be earth tone and have a matte,
non - reflective finish.
• Flashing should be in scale with the roof material.
• If copper flashing is to be used, it should be treated to establish a matte, non - reflective finish.
RESPONSE: The roofing material on the rebuilt breezeway roof shall be translucent fiberglass or
polycarbonate in compliance with the previous HPC approval of the project and as currently installed.
• 7.10 If it is to be used, a metal roof should be applied and detailed in a manner that is compatible and
does not detract from the historic appearance of the building.
• A metal roof material should have an earth tone and have a matte, non - reflective finish.
• A metal roof with a lead -like patina also is an acceptable alternative.
• Seams should be of a low profile.
• A roof assembly with a high profile seam or thick edge is inappropriate.
RESPONSE: Not Applicable.
7.11 Avoid using conjectural features on a roof.
• Adding ornamental cresting, for example, where there is no evidence that it existed creates a false
impression of the building's original appearance, and is inappropriate.
RESPONSE: Not Applicable.
Preserving Building Locations and Foundations
9.1 Proposals to relocate a building will be considered on a case -by -case basis.
• In general, relocation has less of an impact on individual landmark structures than those in a historic
district.
• It must be demonstrated that relocation is the best preservation alternative.
• Rehabilitation of a historic building must occur as a first phase of any improvements.
• A relocated building must be carefully rehabilitated to retain original architectural details and materials.
• Before a building is moved, a plan must be in place to secure the structure and provide a new foundation,
utilities, and to restore the house.
• The design of a new structure on the site should be in accordance with the guidelines for new construction.
• In general, moving a building to an entirely different site or neighborhood is not approved.
RESPONSE: The historic garage is not currently located in its original location on the property. It was
moved in 1999 as a result of the subdivision of the property and other HPC approved development. The
proposed relocation in this application is intended to retain all original architectural details and materials
of the garage structure while increasing its separation from the historic single-family house and modestly
enhancing its visibility from the alley.
9.2 Moving an existing building that contributes to the character of a historic district should be
avoided.
• The significance of a building and the character of its setting will be considered.
• In general, relocating a contributing building in a district requires greater sensitivity than moving an
individually - listed structure because the relative positioning of it reflects patterns of development, including
spacing of side yards and front setbacks, that relate to other historic structures in the area.
RESPONSE: The property is not located in an historic district and none of the adjacent properties are
identified as historic.
9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of
its historic parcel.
• If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots
shall remain landmarked properties.
RESPONSE: The proposal complies with this requirement
9.4 Site the structure in a position similar to its historic orientation.
• It should face the same direction and have a relatively similar setback.
• It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it.
RESPONSE: The proposed relocation to the 5' rear yard setback for garage structures is consistent with
previous HPC approvals for the property.
9.5 A new foundation should appear similar in design and materials to the historic foundation.
• On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a modest
miner's cottage is discouraged because it would be out of character.
• Where a stone foundation was used historically, and is to be replaced, the replacement should be similar in
the cut of the stone and design of the mortar joints.
RESPONSE: The proposal maintains the foundation detail previously approved by HPC - concrete
concealed by a metal flashing.
9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above
grade.
• Raising the building slightly above its original elevation is acceptable. However, lifting it substantially
above the ground level is inappropriate.
• Changing the historic elevation is discouraged, unless it can be demonstrated that it enhances the resource.
RESPONSE: The proposal does not alter the elevation of the structure as previously approved by HPC.
9.7 A lightwell may be used to permit light into below -grade living space.
• In general, a lightwell is prohibited on a wall that faces a street (per the Residential Design Standards).
• The size of a lightwell should be minimized.
• A lightwell that is used as a walkout space may be used only in limited situations and will be considered on
a case -by -case basis. If a walkout space is feasible, it should be surrounded by a simple fence or rail.
RESPONSE: The proposal permits the previously approved lightwell to be setback from the alley facade
of the garage thereby reducing its visual impact on the historic structure.
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•
DEVELOPMENT ORDER 1./
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three -year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject to any
amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Am and David Guthrie 920 W. Hallam Street Asten, CO 81611 Phone: 970 925 -5521
Property Owner's Name, Mailing Address and telephone number
Unit B -1, as shown on the Common Interest Planned Community Plat for Lot B, Aspen Historic
Cottages and commonly known as 920 W. Hallam Street
Legal Description and Street Address of Subject Property
The applicant has received a Certificate of Appropriateness for a Minor Development, Relocation approval.
4 / and Variance approval to develop a basement addition under the garage and modify the existing
breezeway connecting the house and the garage.
Written Description of the Site Specific Plan and /or Attachment Describing Plan
Historic Preservation Commission Resolution No. 2, Series of 2006, 2/8/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
March 19, 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
March 20, 2009
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 20 day of March, 2006, by the City of Aspen Community Development
Director'\ ilit
Chris Bendon, Community Development Director
N;0V 2 0 200E
•
I I !, it I III II ��� Page: g e: 1 3 of 3
11:58i
1 of
JRNICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT, RELOCATION AND
A VARIANCE FOR THE PROPERTY LOCATED AT 920 WEST HALLAM STREET,
UNIT B -1, AS SHOWN ON THE COMMON INTEREST PLANNED COMMUNITY
PLAT FOR LOT B, ASPEN HISTORIC COTTAGES
RESOLUTION NO.2 SERIES OF 2006
PARCEL ID: 2735- 123 -18 -002
WHEREAS, the applicants, David and Amy Guthrie, represented by Gilbert Sanchez, have
requested a Certificate of Approval for Minor Development, Relocation, and a Variance for the
property located at 920 W. Hallam Street, legally known as Unit B -1, as shown on the common
interest planned community plat for Lot B, Aspen Historic Cottages; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2
and 3 of the Municipal Code and other applicable code sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional inforrnation
necessary to make a decision to approve or deny; and
WHEREAS, in order to approve relocation, according to Section 26.415.090.C, Relocation of a
Designated Property, it must be determined that:
1. It is considered a non - contributing element of a historic district and its relocation will
not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which
it is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given
the character and integrity of the building, structure or object and its move will not
adversely affect the integrity of the historic district in which it was originally located or
diminish the historic, architectural or aesthetic relationships of adjacent designated
properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
II 1111 N 111 111 I II P 0 5a 2 2 / 9e 2 1 3/ 12 2 2 0 ° 0 6 6 " 11 :581
JPNICE K VOS CPUDILL PITKIN COUNTY CO R 16.00 D 0.00
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security; and
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that the setback variance:
a. Is similar to the pattern, features and character of the historic property or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural character
of the historic property, an adjoining designated historic property or historic district; and
WHEREAS, Jennifer Phelan, in her staff report dated February 8, 2006, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met except for the variance review criteria,
and recommended approval of the Minor Development and Relocation with conditions; and
WHEREAS, at their regular meeting on February 8, 3006, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of to .
NOW, THEREFORE, BE IT RESOLVED:
That the HPC hereby grants approval for Minor Development, Relocation, and a Variance for 920
W. Hallam Street, Unit B -1, as shown on the common interest planned community plat for Lot B,
Aspen Historic Cottages with the following conditions:
O A report from a licensed engineer or architect demonstrating that the building (garage)
can be moved must be submitted with the building permit application if relocation is
necessary.
0 2 A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the
structure must be submitted with the building permit application if relocation is
necessary.
b` 3 A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application if relocation
cg s is necessary.
HPC hereby grants a rear yard setback variance to allow the underground basement
addition to sit at the property line (zero foot setback). Absolutely no permanent
encroachment into the right -of -way shall be permitted.
APPROVED BY THE COMMISSION at its regular meeting on the 8 day of February,
' 2006.
Appc ved as o Fo�m
._a
David Hoefer, Assrsfan City Attorney
Ap s ove , s to conte I :
•STO`1CP 'SEt ATION CO _u1 SION
AL —
Michael Hof s a 1 rice-Chair
ATTES • �,/J
/1-4-715 , / �1
Kathy Strickla t d, Chief Deputy Clerk
I IIIIII IIIII IIIIII IIIIII VIII III IIIIIII 5
IIIVIII g E 2 1: 126 3 3 Sdf
JPNICE K VO
RESOLUTION NO. 16
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY RESOLUTION NO. 2 OF 2006 BY THE
HISTORIC PRESERVATION COMMISSION FOR THE PROPOERTY COMMONLY
DESCRIBED AS 920 WEST HALLAM STREET, LEGALLY DESCIBED AS UNIT B -1, LOT
B, ASPEN HISTORIC COTTAGES, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel Identification Number 2735- 123 -18 -002
WHEREAS, the Community Development Department received an application from Amy
Guthrie and David Guthrie, requesting a Vested Rights Extension for three years pursuant to
Resolution No. 2, Series of 2006; and
WHEREAS, The Historic Preservation Commission adopted Resolution No. 2, Series of
2006, which approved a Minor Development application and awarded Vested Property Rights
status for an addition to the sub grade space and the breezeway until March 20` 2009; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on January 26 2009 before the vested rights expired, this was approved via Resolution
No.2, Series of 2006; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension of vested rights after a public hearing is held and a resolution
is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an extension of vested rights for the 920 West Hallam Street Minor
Development under the Historic Preservation Commission; and
WHEREAS, the Aspen City Council has reviewed and considered the request of vested
rights for the 920 West Hallam Street Minor Development approval under the provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the extension of the vested rights proposal meets or
exceeds all applicable land use standards and that the approval of the extension of vested rights with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council fords that this resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an extension of vested rights for Unit B-
1, Lot B, Aspen Historic Cottages until March 20, 2012 that were approved by Resolution No. 2,
Series of 2006 by the Historic Preservation Commission with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted
impact fees that are in effect at the time of building permit, unless an exemption
granted in writing.
Section 2:
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 City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
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 resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
Section 4:
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.
Section 5:
A public hearing on this resolution was held the 9th day of March, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 9 day of M. h, 119 by a 5 — 0 ote.
Z S wit —a% —70a
Michaelt L'e Mayo
r t:
sa
Kathryn S. Icso. City Clerk
Approved as to form:
s
John Worcester, City Attorney
IPSO
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys At Law
600 E. Hopkins Avenue
Suite 205
Aspen, Colorado 81611
Frederick F. Peirce Telephone
Thomas Fenton Smith* (97 925 - 2600
Facsimile
(97 925 - 47 20
Ronald D. Austin
OF COUNSEL Email Addresses:
fpeirce @aps- pc.com
`Also Admitted in Delaware tsmith @aps- pc.com
November 12, 2010
HAND DELIVERED
Ms. Sara Adams, Senior Planner
Community Development, City of Aspen
130 S. Galena
Aspen, CO 81611
RE: Application by Chris and Sheri Bendon for HPC Approval to move Garage
on Lot BI, Aspen Historical Cottages, Located at 920 West Hallam Street,
Aspen, CO
Dear Sara:
This office represents Kosfield Aspen, LLC ( "Kosfield "), the owner of Lot B2, Aspen
Historical Cottages. Together with Chris and Sheri Bendon (the "Bendons "), who own Lot
B1, Aspen Historical Cottages, Kosfield and the Bendons represent all of the owners in the
Aspen Historical Cottages Association.
The Bendons are seeking an amendment to their land use approvals for Lot B1, to
move the garage three feet to the north, which we understand requires HPC approval. In order
to obtain HPC approval, it is our further understanding that the Bendons need consent from
the Aspen Historical Cottages Association for the requested garage move. Please be advised
that Kosfield hereby consents to the request by the Bendons to move the garage located at 920
W. Hallam Street three feet to the North.
There are extraneous matters to be resolved between Kosfield and the Bendons before
construction on the project may commence, but they are matters that will be addressed
between the owners of Lots B1 and B2 shortly and do not impair this consent. Further, this
consent does not authorize amendments or changes to existing easements, covenants or
agreements of record that affect Lots B1 and B2.
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys e ,
Ms. Sara Adams, Senior Planner
Community Development, City of Aspen
November 12, 2010
Page 2
If you have any questions or require any clarification, please feel free to give me a
call.
Very truly yours,
AUSTIN, PEIRCE & SMITH, P.C.
By:
FreeleriEk F. Peirce
FFP/hs
cc: Mr. Michael Kosnitzky
Mr. Chris Bendon
Y: \Files A- L \Kosnitzky, MlchaeltA dams 11 -11 -10 Letter.cloc
•
stewart
title of colorado
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970 - 925 -3577
Fax: 970-925-1384
Sheri A. Sanzone and Christopher J. Bendon
Order Number. 906937
Property Address: 920 West Hallam Street
Dear Customer:
Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The
policy premium was paid for by the Seller at the time of closing, so there are no monies due from
you in this regard. Please review and retain your policy with your other valuable records.
We have a permanent file regarding your property and can offer expedient and cost efficient
service with your future transactions. In the event you decide to sell or refinance your property,
in the future, please contact us for special discounts and faster service.
You may access all your closing documents through the Internet on SureClose by visiting
www.stewartcolorado.com. You may contact your local Escrow Officer for login and password
information.
Sincerely,
Stewart Title of Colorado, Inc.
P4 117 1: 5- 127— Ib - cn2
r. 1
ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
stewart
•title guaranty company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at
the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation. (the "Company ") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason
of:
I. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the.Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law .
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of
the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned: �+'}�
- p Stewa t
Ns ,/ • , / e i / .' title guaranty company Senior Chairman of t e Board
A. •torized Countersignature
Stewart Title of Colorado, Inc. e ar ; + c' * 1,1`3
Aspen Division :.._ 1 9 0 e Chairman of the Board
620 East Hopkins Avenue w --,#
Aspen, Colorado 81611
President
Phone: 970-925-3577 •
Fax: 970-925-1384
Agent ID: 06011A
Serial No.: 0- 9301 - 809421
ALTA OWNER'S POLICY 6 -17 -06
1f you want information about coverage or need assistance to resolve complaints, please call our toll free number: I- 800 -729 -1902. If you make a claim under your policy, you must
furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at www.stewart.com.
L' 'J
COVERED RISKS (Continued)
9. Title being vested other than as stated in Schedule A or being defective (i) to be timely, or
(a) as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy, of a transfer of all or any part of the title to judgment or lien creditor.
or any interest in the Land occurring prior to the transaction vesting Title 10. Any defect in or lien or encumbrance on the Title or other matter included in
as shown in Schedule A because that prior transfer constituted a fraudulent Covered Risks 1 through 9 that has been created or attached or has been filed or
or preferential transfer under federal bankruptcy, state insolvency, or recorded in the Public Records subsequent to Date of Policy and prior to the
similar creditors' rights laws; or recording of the deed or other instrument of transfer in the Public Records that
(b) because the instrument of transfer vesting Title as shown in Schedule A vests Title as shown in Schedule A.
constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs, attorneys' fees, and expenses incurred in defense
insolvency, or similar creditors' rights laws by reason of the failure of its of any matter insured against by this Policy, but only to the extent provided in the
recording in the Public Records Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the (b) not Known to the Company, not recorded in the Public Records at Date of
Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by Policy, but Known to the Insured Claimant and not disclosed in writing to
reason of: the Company by the Insured Claimant prior to the date the Insured
I. (a) Any law, ordinance, permit, or governmental regulation (including those Claimant became an Insured under this policy;
relating to building and zoning) restricting, regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (however, this does not
(ii) the character, dimensions, or location of any improvement erected on modify or limit the coverage provided under Covered Risk 9 and 10); or
the Land; (e) resulting in loss or damage that would not have been sustained if the
(iii) the subdivision of land; or Insured Claimant had paid value for the Tide.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or
or the effect of any violation of these laws, ordinances, or governmental regulations. similar creditors' rights laws, that the transaction vesting the Title as shown in
This Exclusion 1(a) does not modify or limit the coverage provided under Covered Schedule A, is
Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1 (b) does not modify or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this
limit the coverage provided under Covered Risk 6. policy.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy and the
3. Defects, liens, encumbrances, adverse claims, or other matters date of recording of the deed or other instmment of transfer in the Public Records
(a) created, suffered, assumed, or agreed to by the Insured Claimant; that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS (ii) With regard to (A), (B), (C), and (D) reserving, however, all
The following terms when used in this policy mean: rights and defenses as to any successor that the Company would
(a) "Amount of Insurance ": The amount stated in Schedule A, as may be have had against any predecessor Insured.
increased or decreased by endorsement to this policy, increased by (e) "Insured Claimant ": An Insured claiming loss or damage.
Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (f) "Knowledge" or "Known ": Actual knowledge, not constructive
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule knowledge or notice that may be imputed to an Insured by reason of
A. the Public Records or any other records that impart constructive notice
(c) "Entity": A corporation, partnership, trust, limited liability company, of matters affecting the Title.
or other similar legal entity. (g) 'land ": The land described in Schedule A, and affixed improvements
(d) "Insured ": The Insured named in Schedule A. that by law constitute real property. The term "Land" does not include
(i) The term "Insured" also includes any property beyond the lines of the area described in Schedule A, nor
(A) successors to the Title of the Insured by operation of law any right, title, interest, estate, or easement in abutting streets, roads,
as distinguished from purchase, including heirs, devisees, avenues, alleys, lanes, ways, or waterways, but this does not modify or
survivors, personal representatives, or next of kin; limit the extent that a right of access to and from the Land is insured
(B) successors to an Insured by dissolution, merger, by this policy.
consolidation, distribution, or reorganization; (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
(C) successors to an Insured by its conversion to another kind instrument, including one evidenced by electronic means authorized
of Entity; by law.
(D) a grantee of an Insured under a deed delivered without (i) 'Public Records ": Records established under state statutes at Date of
payment of actual valuable consideration conveying the Title Policy for the purpose of imparting constructive notice of matters
(1) if the stock, shares, memberships, or other equity relating to real property to purchasers for value and without
interests of the grantee are wholly -owned by the named Knowledge. With respect to Covered Risk 5(d), "Public Records"
Insured, shall also include environmental protection liens filed in the records of
(2) if the grantee wholly owns the named Insured, the clerk of the United States District Court for the district where the
(3) if the grantee is wholly -owned by an affiliated Entity Land is located.
of the named Insured, provided the affiliated Entity and 0) — Title": The estate or interest described in Schedule A.
the named Insured are both wholly -owned by the same (k) "Unmarketable Title ": Title affected by an alleged or apparent matter
person or Entity, or that would permit a prospective purchaser or lessee of the Tide or
(4) if the grantee is a trustee or beneficiary of a trust lender on the Title to be released from the obligation to purchase,
created by a written instrument established by the Insured lease, or lend if there is a contractual condition requiring the delivery
named in Schedule A for estate planning purposes. of marketable title.
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE Whenever requested by the Company, the Insured, at the Company's
The coverage of this policy shall continue in force as of Date of Policy in expense, shall give the Company all reasonable aid (i) in securing
favor of an Insured, but only so long as the Insured retains an estate or evidence, obtaining witnesses, prosecuting or defending the action or
interest in the Land, or holds an obligation secured by a purchase money proceeding, or effecting settlement, and (ii) in any other lawful act that
Mortgage given by a purchaser from the Insured, or only so long as the in the opinion of the Company may be necessary or desirable to
Insured shall have liability by reason of warranties in any transfer or establish the Title or any other matter as insured. If the Company is
conveyance of the Title. This policy shall not continue in force in favor of prejudiced by the failure of the Insured to furnish the required
any purchaser from the Insured of either (i) an estate or interest in the Land, cooperation, the Company's obligations to the Insured under the policy
or (ii) an obligation secured by a purchase money Mortgage given to the shall terminate, including any liability or obligation to defend,
Insured. prosecute, or continue any litigation, with regard to the matter or
matters requiring such cooperation.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to submit
The Insured shall notify the Company promptly in writing (i) in case of any to examination under oath by any authorized representative of the
litigation as set forth in Section 5(a) of these Conditions, (ii) in case Company and to produce for examination, inspection, and copying. at
Knowledge shall come to an Insured hereunder of any claim of title or such reasonable times and places as may be designated by the
interest that is adverse to the Title, as insured, and that might cause loss or authorized representative of the Company, all records, in whatever
damage for which the Company may be liable by virtue of this policy, or (id) medium maintained, including books, ledgers, checks, memoranda,
if the Title, as insured, is rejected as Unmarketable Title. If the Company is correspondence, reports, e- mails, disks, tapes, and videos whether
prejudiced by the failure of the Insured Claimant to provide prompt notice, bearing a date before or after Date of Policy, that reasonably pertain to
the Company's liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized
reduced to the extent of the prejudice. representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the
4. PROOF OF LOSS Company to examine, inspect, and copy all of these records in the
In the event the Company is unable to determine the amount of loss or custody or control of a third party that reasonably pertain to the loss or
damage, the Company may, at its option, require as a condition of payment damage. All information designated as confidential by the Insured
that the Insured Claimant furnish a signed proof of loss. The proof of loss Claimant provided to the Company pursuant to this Section shall not
must describe the defect, lien, encumbrance, or other matter insured against be disclosed to others unless, in the reasonable judgment of the
by this policy that constitutes the basis of loss or damage and shall state, to Company, it is necessary in the administration of the claim. Failure of
the extent possible, the basis of calculating the amount of the loss or the Insured Claimant to submit for examination under oath, produce
damage. any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in this
5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, shall
(a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that
contained in Section 7 of these Conditions, the Company, at its own claim.
cost and without unreasonable delay, shall provide for the defense of
an Insured in litigation in which any third party asserts a claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
covered by this policy adverse to the Insured. This obligation is TERMINATION OF LIABILITY
limited to only those stated causes of action alleging matters insured In case of a claim under this policy, the Company shall have the following
against by this policy. The Company shall have the right to select additional options:
counsel of its choice (subject to the right of the Insured to object for (a) To Pay or Tender Payment of the Amount of Insurance. To pay or
reasonable cause) to represent the Insured as to those stated causes of tender payment of the Amount of Insurance under this policy together
action. It shall not be liable for and will not pay the fees of any other with any costs, attorneys' fees, and expenses incurred by the Insured
counsel. The Company will not pay any fees, costs, or expenses Claimant that were authorized by the Company up to the time of
incurred by the Insured in the defense of those causes of action that payment or tender of payment and that the Company is obligated to
allege matters not insured against by this policy. pay. Upon the exercise by the Company of this option, all liability
(b) The Company shall have the right, in addition to the options contained and obligations of the Company to the Insured under this policy, other
in Section 7 of these Conditions, at its own cost, to institute and than to make the payment required in this subsection, shall terminate,
prosecute any action or proceeding or to do any other act that in its including any liability or obligation to defend, prosecute, or continue
opinion may be necessary or desirable to establish the Title, as any litigation.
insured, or to prevent or reduce loss or damage to the Insured. The (b) To Pay or Otherwise Settle With Parties Other Than the Insured or
Company may take any appropriate action under the terms of this With the Insured Claimant.
policy, whether or not it shall be liable to the Insured. The exercise of (i) To pay or otherwise settle with other parties for or in the name
these rights shall not be an admission of liability or waiver of any of an Insured Claimant any claim insured against under this
provision of this policy. If the Company exercises its rights under this policy. In addition, the Company will pay any costs. attorneys'
subsection, it must do so diligently. fees, and expenses incurred by the Insured Claimant that were
(c) Whenever the Company brings an action or asserts a defense as authorized by the Company up to the time of payment and that
required or permitted by this policy, the Company may pursue the the Company is obligated to pay; or
litigation to a final determination by a court of competent jurisdiction, (ii) To pay or otherwise settle with the Insured Claimant the loss or
and it expressly reserves the right, in its sole discretion, to appeal any damage provided for under this policy, together with any costs,
adverse judgment or order. attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment
6. DUTY OF INSURED CLAIMANT TO COOPERATE and that the Company is obligated to pay.
(a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options provided
prosecute or provide for the defense of any action or proceeding and for in subsections (b)(i) or (ii), the Company's obligations to the
any appeals, the Insured shall secure to the Company the right to so Insured under this policy for the claimed loss or damage, other than
prosecute or provide defense in the action or proceeding, including the the payments required to be made, shall terminate, including any
right to use, at its option, the name of the insured for this purpose. liability or obligation to defend, prosecute, or continue any litigation.
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY Insured Claimant, the Company shall defer the exercise of its right to
This policy is a contract of indemnity against actual monetary loss or recover until after the Insured Claimant shall have recovered its loss.
damage sustained or incurred by the Insured Claimant who has suffered loss (6) The Company's right of subrogation includes the rights of the Insured
or damage by reason of matters insured against by this policy. to indemnities, guaranties, other policies of insurance, or bonds,
(a) The extent of liability of the Company for loss or damage under this notwithstanding any terms or conditions contained in those
policy shall not exceed the lesser of instruments that address subrogation rights.
(i) the Amount of Insurance; or 14. ARBITRATION
(ii) the difference between the value of the Tide as insured and the
value of the Title subject to the risk insured against by this Either the Company or the Insured may demand that the claim or
policy controversy shall be submitted to arbitration pursuant to the Title Insurance
(b) If the Company pursues its rights under Section 5 of these Conditions Arbitration Rules of the American Land Title Association ( "Rules'). Except
and is unsuccessful in establishing the Title, as insured. as provided in the Rules, there shall be no joinder or consolidation with
(i) the Amount of Insurance shall be increased by 10 %, and claims or controversies of other persons. Arbitrable matters may include,
(ii) the Insured Claimant shall have the right to have the loss or but are not limited to, any controversy or claim between the Company and
damage determined either as of the date the claim was made by the Insured arising out of or relating to this policy, any service in connection
the Insured Claimant or as of the date it is settled and paid. with its issuance or the breach of a policy provision, or to any other
(c) In addition to the extent of liability under (a) and (b), the Company controversy or claim arising out of the transaction giving rise to this policy.
will also pay those costs, attorneys' fees, and expenses incurred in All arbitrable matters when the Amount of Insurance is $2,000,000 or less
accordance with Sections 5 and 7 of these Conditions. shall be arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of $2,000,000
9. LIMITATION OF LIABILITY shall be arbitrated only when agreed to by both the Company and the
(a) If the Company establishes the Title, or removes the alleged defect, Insured. Arbitration pursuant to this policy and under the Rules shall be
lien, or encumbrance, or cures the lack of a right of access to or from binding upon the parties. Judgment upon the award rendered by the
the Land, or cures the claim of Unmarketable Title, all as insured, in a Arbitrator(s) may be entered in any court of competent junsdiction.
reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
with respect to that matter and shall not be liable for any loss or CONTRACT
damage caused to the Insured. (a) This policy together with all endorsements, if any, attached to it by the
(b) In the event of any litigation, including litigation by the Company or Company is the entire policy and contract between the Insured and the
with the Company's consent, the Company shall have no liability for Company. In interpreting any provision of this policy, this policy shall
loss or damage until there has been a final determination by a court of be construed as a whole.
competent jurisdiction, and disposition of all appeals, adverse to the (b) Any claim of loss or damage that arises out of the status of the Title or
Title, as insured. by any action asserting such claim shall be restricted to this policy.
(c) The Company shall not be liable for loss or damage to the Insured for (c) Any amendment of or endorsement to this policy must be in writing
liability voluntarily assumed by the Insured in settling any claim or and authenticated by an authorized person, or expressly incorporated
suit without the prior written consent of the Company. by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION this policy and is subject to all of its terms and provisions. Except as
OF LIABILITY the endorsement expressly states, it does not (i) modify any of the
All payments under this policy, except payments made for costs, attorneys' terms and provisions of the policy, (ii) modify any prior endorsement,
fees, and expenses, shall reduce the Amount of Insurance by the amount of (iii) extend the Date of Policy, or (iv) increase the Amount of
the payment. Insurance.
11. LIABILITY NONCUMULATIVE 16. SEVERABILITY
The Amount of Insurance shall be reduced by any amount the Company In the event any provision of this policy, in whole or in part, is held invalid
pays under any policy insuring a Mortgage to which exception is taken in or unenforceable under applicable law, the policy shall be deemed not to
Schedule B or to which the Insured has agreed, assumed, or taken subject, or include that provision or such part held to be invalid, but all other provisions
which is executed by an Insured after Date of Policy and which is a charge shall remain in full force and effect.
or lien on the Title, and the amount so paid shall be deemed a payment to 17. CHOICE OF LAW; FORUM
the Insured under this policy.
(a) Choice LAW;
of Law: The Insured acknowledges the Company has
1.2. PAYMENT OF LOSS underwritten the risks covered by this policy and determined the
When liability and the extent of loss or damage have been definitely fixed in premium charged therefore in reliance upon the law affecting interests
accordance with these Conditions, the payment shall be made within 30 in real property and applicable to the interpretation, rights, remedies,
days. or enforcement of policies of title insurance of the jurisdiction where
the Land is located,
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or an arbitrator shall apply the law of the
(a) Whenever the Company shall have settled and paid a claim under this jurisdiction where the Land is located to determine the validity of
policy, it shall be subrogated and entitled to the rights of the Insured claims against the Title that are adverse to the Insured and to interpret
Claimant in the Title and all other rights and remedies in respect to the and enforce the terms of this policy. In neither case shall the court or
claim that the Insured Claimant has against any person or property, to arbitrator apply its conflicts of law principles to determine the
the extent of the amount of any loss, costs, attorneys' fees, and applicable law.
expenses paid by the Company. If requested by the Company, the (c) Choice of Forum: Any litigation or other proceeding brought by the
Insured Claimant shall execute documents to evidence the transfer to Insured against the Company must be filed only in a state or federal
the Company of these rights and remedies. The Insured Claimant court within the United States of America or its territories having
shall permit the Company to sue, compromise, or settle in the name of appropriate jurisdiction.
the Insured Claimant and to use the name of the Insured Claimant in 18. NOTICES, WHERE SENT
any transaction or litigation involving these rights and remedies. If a
payment on account of a claim does not fully cover the loss of the Any notice of claim and any other notice or statement in wnting required to be given
to the Company under this policy must be given to the Company at Claims
Department at P.O. Box 2029, Houston, TX 77252 -2029.
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252 -2029
Order Number: 906937 Policy Number: 0- 9301 - 809421
Date of Policy: May 28, 2009 at 4:08 PM
(or the date of recording of the insured deed, whichever is later)
Amount of Insurance: Ia. Premium: anall
*Address Reference: 920 West Hallam Street
Aspen, Colorado 81611
1. Name of Insured:
Sheri Sanzone also known as Sheri A. Sanzone and Christopher Bendon also known as Christopher J.
Bendon
2. The estate or interest in the land that is insured by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Sheri Sanzone also known as Sheri A. Sanzone and Christopher Bendon also known as Christopher J.
Bendon
4. The land referred to in this policy is described as follows:
Unit B -1
ASPEN HISTORIC COTTAGES
As shown on the Common Interest Planned Community Plat for Lot B, Aspen Historic Cottages
Recorded May 29, 1999 in Plat Book 50 at Page 5
COUNTY OF PITKIN, STATE OF COLORADO
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Owner's Policy — Schedule A rs e`
Page 1 of 1 Policy Typist: tv �L YYCU
tide guaranty company
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
Exceptions From Coverage
Order Number: 906937 Policy Number: 0- 9301 - 809421
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing
the issuance thereof.
6. Water rights, claims or title to water.
7. All taxes for 2009 and subsequent years, which are a lien not yet payable.
8. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
9. Reservations and exceptions as set forth in Deeds from the City of Aspen recorded in
Book 59 at Page 306 and 308 providing as follows: "That no title shall be hereby
acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws ""
10. Resolution 98 -17 of the Aspen Planning and Zoning Commission recorded August 4,
1998 as Reception No. 420221.
11. Easements, rights of way and all matters as shown on plats of subject property recorded
January 27, 1999 in Plat Book 48 at Page 43 as Reception No. 427003 and recorded May
28, 1999 in Plat Book 50 at Page 5 as Reception No. 431610.
12. Ordinance No. 23 (Series of 1998) of the Aspen City Council recorded April 19, 1999 as
Reception No. 430008.
13. Sidewalk, Curb and Gutter Improvement Agreement recorded May 20, 1999 as Reception
No. 431328. �.,}
ALTA Ownei s Policy Schedule 8-1 -ste va L°
Page 1 of 2 we g''°`e`M`ornpar
ALTA OWNER'S POLICY (6/17/06)
14. Public Improvements Agreement recorded May 20, 1999 as Reception No. 431329.
15. Declaration for Lot B, Aspen Historic Cottages recorded May 28, 1999 as Reception No.
431609.
16. Agreement recorded June 3, 1999 as Reception No. 431808.
17. Resolution No. 35, Series of 1999 of the Aspen Historic Preservation Commission ,
recorded September 13, 1999 as Reception No. 435421.
18. Declaration of Covenants Conditions and Restrictions recorded March 1, 2002 as
Reception No. 464544.
19. Resolution No. 2, Series of 2006 of the Aspen Historic Preservation Commission
recorded February 23, 2006 as Reception No. 521126
20. Perpetual Encroachment and Access Easement Agreement recorded August 8, 2007 as
Reception No. 540759.
21. Steps and retaining wall sitting outside of southerly property line and hot tub either
encroaching onto or out of property all as shown on the Improvement Survey by High
Country Engineering Inc. dated April 7 2009 No. 201671.00.0922.
22. Deed of Trust executed by Sheri A. Sanzone and Christopher J. Bendon to the Public
Trustee of Pitkin County, dated May 28, 2009, in the principal amount of a
payable to Wells Fargo Bank, N.A. and recorded May 28, 2009 as Reception No.559446.
ALTA Owner's Policy Schedule 111-1 e.} M,,.{..
Page 2 of 2 L tltle 9 iaramyc mPwy
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0- 9301- 809421
stewart
• title guaranty company
HEREIN CALLED THE COMPANY
Order Number: 906937 Charge: $150.00
The Policy is hereby amended by deleting Paragraph(s): 1 -4, inclusive, of Schedule B:
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount
thereof.
•
Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned: stew art
art
•title guaranty company Iaralit . •
1 �� � Senior Chairman of t e Board
A otiud Countersignature FE okro �
t.-*- "c, i •
f-•, 1 9: 9 ' o Chairman 01 the Board
Stewart Title of Colorado, Inc. ' . ,a
ry '
620 East Hopkins
620 East Avenue
Aspen, Colorado 81611 President
Phone: 970-925-3577
Fax: 970-925-1384
Agent ID: 06011A
Serial No E -9851- 3396382
Form 110.1 Deletion of Exception(s) Endorsement
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies •
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm- Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer
accounts, such as processing transactions, mailing, and auditing services, and Yes No
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies. Our Yes No
affiliates may include companies with a Stewart name; financial companies, such
as Stewart Title Company
For our affiliates everyday business purposes— information about your
creditworthiness. No We don't share
For our affiliates to market to you Yes No
For non - affiliates to market to you. Non - affiliates are companies not related by
common ownership or control. They can be financial and nonfinancial companies. No We don't share
control their subsequent use of information, and suggest you refer to their privacy notices.]
on to non affiliate [We do not with a
We may disclose your personal information to our affiliates or to non - affiliates as permitted
non - affiliate, such as a third party insurance company, we will disclose your personal
ices.
Sharing practices
How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction.
notify me about their practices?
How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security
protect my personal information? measures that comply with federal and state law. These measures include computer,
file, and building safeguards.
How do the Stewart Title Companies We collect your personal information, for example, when you
collect my personal information? request insurance- related services
provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd.,
Privacy Officer, Houston, Texas 77056
Order Number: 906937
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Guthrie, Historic Preservation Officer
RE: 610 E. Hyman Avenue - Historic Landmark Designation, Ordinance #48
Negotiation, Major Development (Conceptual), Commercial Design (Conceptual)
and Variances
DATE: December 8, 2010
SUMMARY: 610 E. Hyman Avenue was x,
constructed for well known gallery owner _ :; - :. R _
3
Patricia Moore in 1963. It was designed by Fs =_
Ellie Brickham, who in 1951 was the first -
female architect to arrive in Aspen. 4
The building was listed on Ordinance #48, ' < _ _- „ : ,, ,, r
Series of 2007, as a potential historic resource. r ry
The building owner has expansion plans and is -t
willing to volunteer for landmark designation if
A mutually agreeable approval for the design
and preservation benefits can be assembled. A�
ninety day negotiation period is underway. z " r _, `
HPC is asked to make recommendations to City Patricia Moo Inc. occupies the oor of this
tY building desi gned b<<3iiss Eiickham. first fl Miss Moore
Council on the designation request and canines the second floor apartment.
proposed benefits. HPC is asked to approve From "Aspen's Women Architects Aid Building Boom
Conceptual Design review, an FAR bonus and in Town," by Joan Lane for The Grand Junction
On -Site Parking waiver. Sentinel, 1965
STAFF RECOMMENDATION: Staff appreciates the applicant's willingness to consider
preservation of this modem commercial building and recommends HPC support designation and
benefits, design review and variances, with conditions.
APPLICANT: 610 E. Hyman LLC, Charles Cunniffe, represented by Haas Land Planning.
PARCEL ID: 2737 - 182 -12 -004.
ADDRESS: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado.
1
P18
ZONING: C -1, Commercial.
HISTORIC DESIGNATION
26.415.030.B. Criteria. To be eligible for designation on the Aspen Inventory of Historic
Landmark Sites and Structures, an individual building, site, structure or object or a collection of
buildings, sites, structures or objects must have a demonstrated quality of significance. The
significance of 20 century properties like 610 E. Hyman Avenue is evaluated according to the
following criteria:
A property or district is deemed significant as a representation of Aspen's 20th Century
history, was constructed in whole or in part more than thirty (30) years prior to the year in
which the application for designation is being made, possesses sufficient integrity of location,
setting, design, materials, workmanship and association and is related to one (1) or more of
the following:
a. An event, pattern or trend that has made a significant contribution to local, state, regional
or national history,
b. People whose specific contribution to local, state, regional or national history is deemed
important and the specific contribution is identified and documented, or
c. A physical design that embodies the distinctive characteristics of a type, period or method
of construction or represents the technical or aesthetic achievements of a recognized designer,
craftsman or design philosophy that is deemed important.
Staff Finding: 610 E. Hyman Avenue was built in 1963 for owner Patricia Moore. The Patricia
Moore Gallery was a respected business in town for many years, and displayed the work of many
important artists on the main floor of the building. An upper floor residential studio unit was
part of the original design. Ms. Moore sold the property in 1988. It is now the office of Charles
Cunniffe architects.
610 E. Hyman was constructed for a woman who played an important role in the local arts
community, and it was designed by Aspen's first woman architect. This is one of the few
remaining Ellie Brickham buildings that remains in Aspen.
Ellie Brickham (1923 -2008) moved to Aspen in 1951 after attending the University of
Colorado's School of Architecture from 1941 -1944. Construction was a family business, and her
motivation to become a designer began as a child. According to the research paper, "Aspen's
Twentieth - Century Architecture: Modernism 1945 - 1975:"
"Early in her career, Brickham worked in Fritz Benedict's office and collaborated on
projects with both Benedict and Bayer, participating in work going on at the Aspen
Institute. Like Benedict, she had a strong interest in passive solar techniques. During her
time in that office and, later, in her own practice out of her home, she designed a number
of residences and commercial buildings in town, including houses for several Music
Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973,
433 Bleeker Street - demolished) and the Patricia Moore Building (1962, 610 E. Hyman
2
,rte Am..
i
P19
Avenue). In Pitkin County, she designed numerous homes in Pitkin Green and Starwood,
on Red Mountain, including her own house (1955), with south and west walls made
completely of glass. Her works, which total at least sixty in the Aspen area, are generally
characterized by spare, simple forms and minimal detailing. Brickham's projects focus
on an "impeccable sense of proportion and feeling of lightness," according to a 1977
Aspen Times article."
The building that Ellie Brickham designed
for Patricia Moore appears to have been
influenced by "New Formalism," an
architectural approach of the early 1960s
which emphasized symmetrical, smooth -
skinned, flat roofed buildings with screens ;' 11 '
and grilles. The facade of 610 E. Hyman has 1
six attenuated brick piers that extend from
the base to the eaves and stucco arched - - t
spandrels for a more "decorated" look that 13.--. - - I. '`k t :
reflected the 1960s evolution of modernist `
design, as in Phillip Johnson's 1962 Lincoln r'
Center in New York, at right. WI
Staff finds that Criterion C of the designation 111111111111111110...._ -
criteria is met for 610 E. Hyman. HPC
presented an Honor Award to Ellie Brickham in 2001, in recognition of her influence on the built
environment in Aspen. The neighborhood where this structure was built includes 4 other
Ordinance #48 "potential historic resources" within a block of the subject site, including the
building immediately west, which is also associated with Brickham. Only 19 of the 53 properties
on Ordinance #48 are commercial structures. It is important to carefully consider preservation
opportunities for this small collection of highly visible downtown structures.
The second component of designation is scoring the physical integrity of the building. Staff's
score sheet is attached as Exhibit A. There have been alterations to the front facade of this
building that result in a score that just meets the required threshold of 75 out of 100 points.
Originally, the arched openings on the front did not have any windows, or if they did there were
no mullions. The enclosed interior space was held back from the facade a few feet. As part of
the design review process with HPC, and the Council negotiation, staff will recommend that
some measures be required to restore the original design intent to the extent practical.
MAJOR DEVELOPMENT (CONCEPTUAL)
The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff
reviews the submittal materials and prepares a report that analyzes the project's conformance
with the design guidelines and other applicable Land Use Code Sections. This report is
transmitted to the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions and the reasons
for the recommendation. The HPC will review the application, the staff analysis report and the
evidence presented at the hearing to determine the project's conformance with the City of
3
P20
Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve
with conditions, or continue the application to obtain additional information necessary to
make a decision to approve or deny.
Major Development is a two -step process requiring approval by the HPC of a Conceptual
Development Plan, and then a Final Development Plan. Approval of a Conceptual
Development Plan shall be binding upon HPC in regards to the location and form of the
envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application
including its height, scale, massing and proportions. No changes will be made to this aspect of
the proposed development by the HPC as part of their review of the Final Development Plan
unless agreed to by the applicant.
STAFF RESPONSE: Conceptual review focuses on the height, scale, massing and
proportions of a proposal. A list of the relevant design guidelines is attached as "Exhibit A."
The existing building contains office space on the garden level and main floor, and a residential
unit and courtyard on the upper floor. The commercial space amounts to approximately 2,700
square feet of FAR. The residential unit is currently 1,485 square feet of FAR, for a total of
4,170 square feet.
The proposal is to create an addition at the back of the site, sitting on top of a garage /carport
constructed in 2003. Immediately above the carport will be two new office spaces. On top of
that will be a master bedroom expansion that will change the existing studio unit into a 1
bedroom.
701c, ,
IN
' ;
o
a4 X k x V A
� _ .` :: r tit , '
L y
' - 1 1 -------- 7 — . — 1 ,7e. , ... -- . 4, 04116. ::. _i_
ii _
if kt ,. ..... ,, _ ,
Existing Front Facade Existing Rear Facade
4
P21
Because the proposed new construction is located at the rear of the property, visibility of the
addition from the street will be very limited, in staff s assessment. Only a small portion of the
proposed third floor encroaches onto the 1962 structure at all. Staff finds that the HPC
guidelines for Conceptual approval are met.
FAR BONUS
The proposed addition would result in the total FAR for the property being 500 square feet over
the limit. HPC is asked to award a bonus, which is one of the standard and valuable incentives
currently in place for landmarks.
In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of
allowable floor area for projects involving designated historic properties. To be considered for
the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is contingent upon
the sole discretion of the HPC and the Commission's assessments of the merits of the
proposed project and its ability to demonstrate exemplary historic preservation practices.
Projects that demonstrate multiple elements described above will have a greater
likelihood of being awarded additional floor area.
STAFF RESPONSE: Staff finds the proposed addition is successful, and that FAR bonus
criteria a and b are met. However, we recommend that some degree of restoration work is
important to earning the 500 square foot bonus. Through a previous remodel, the front entry has
been moved, the first floor level has been brought out to meet the front facade, arch topped
windows at the base of the building have been changed, a garden level has been exposed to view
from the street and the stucco color has been changed. A seasonal canopy has been added to
enclose the rooftop courtyard. These alterations have affected the integrity score for the building
and need to be taken into account when determining the appropriate package of preservation
incentives to approve for the project.
Charles Cunniffe has owned this property for several years and is very familiar with the changes
that have been made and the functional considerations of the building. Staff recommends that
HPC require some restoration measures to be identified in order to receive an FAR bonus. The
market value of the additional space gained by an FAR bonus is significant.
5
P22
PARKING WAIVER
The expansion of the free market residential unit does not trigger additional parking
requirements, but the new office space does generate the need for a fraction of one space. A full
space could theoretically be provided on -site to meet the requirement (although it is apparently
not physically possible), or the owner could pay cash -in -lieu. Parking waivers are one of the
standard benefits that HPC can review and approve. HPC must find that the review standards of
Section 26.415.110.0 of the Municipal Code are met. They require that:
1. The parking reduction and waiver of payment -in -lieu fees may be approved upon a
finding by the HPC that it will enhance or mitigate an adverse impact on the
historic significance or architectural character of a designated historic property, an
adjoining designated property or a historic district.
Staff Response: The parking requirement generated by the new construction requires a fraction
of one space to be provided. Normally a property owner would handle this as a cash -in -lieu
payment, which in this case would be $28,050. The applicant is requesting a waiver as a
preservation incentive.
Staff supports parking waiver for this project.
AFFORDABLE HOUSING MITIGATION
The new office space triggers affordable housing mitigation, however the applicant will take
advantage of another preservation benefit which is already in place. The Community
Development Director can grant an exemption to affordable housing requirements for up to 4
employees as part of the expansion of a mixed use, landmarked building.
If a mitigation were required for this development, it would be approximately $508,780.
COMMERCIAL DESIGN REVIEW
The City has an adopted set of guidelines, "Commercial, Lodging and Historic District Design
Objectives" which are in addition to the HPC design guidelines. Development on this site is
affected by the chapter that addresses what is known as the "Commercial Character Area." All of
the Conceptual level guidelines address setback and height issues that are not applicable to a
remodel, rather than all new construction. Staff finds that no additional review is needed. Any
design guidelines that are applicable to Final will be presented to HPC at that time.
The application does request to exceed the 36' height limit for third story elements. When
measured from the alley grade, which is lower than the elevation at the front of the building, the
addition is 37' tall. The elevator overrun is 40', which is the highest allowable point with a
variance.
An application for commercial design review may be approved, approved with conditions or
denied based on conformance with the following criteria:
A. The proposed development meets the requirements of Section 26.412.060, Commercial
design standards, or any deviation from the standards provides a more appealing pattern of
6
P23
development considering the context in which the development is proposed and the purpose
of the particular standard. Unique site constraints can justify a deviation from the standards.
Compliance with Section 26.412.070, Suggested design elements, is not required but may be
used to justify a deviation from the standards.
B. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of' Section 26.412.060, Commercial design
standards, to the greatest extent practical. Changes to the facade of the building may be
required to comply with this Section.
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that
are to be used in making determinations of appropriateness. The City shall determine when a
proposal is in compliance with the criteria, standards and guidelines. Although these criteria,
standards and guidelines are relatively comprehensive, there may be circumstances where
alternative ways of meeting the intent of the policy objectives might be identified. In such a
case, the City must determine that the intent of the guideline is still met, albeit through
alternative means.
STAFF RECOMMENDATION: Staff finds that the Conceptual Commercial Design
guidelines are not applicable. We find the requested height variance to be appropriate given the
setback from the street. The two story character of the building along Hyman Avenue is
preserved. Staff does recommend study of a minor setback of the third floor from the alley, so
that a two story height is reinforced on that facade as well.
The applicant is asked to provide a streetscape elevation or photographs at the HPC meeting to
assist the board's analysis.
UTILITY. DELIVERY AND TRASH SERVICE PROVISION
Along with architectural design concerns, the Commercial Design Standards address location of
utility, delivery and trash service. Staff understands that when the garage /carport was built in
2003, trash was relocated off of this property to a shared location with the adjacent building.
This is somewhat concerning in terms of a long term solution, and the proposed addition will
generate additional service needs.
STAFF RECOMMENDATION: The applicant is asked to provide information about any
accommodations that can be made on their own site to ensure that building needs will be met in
the future.
ADDITIONAL INCENTIVES REQUESTED UNDER ORDINANCE #48
The applicant requests the following additional incentives, which will be decided by Council.
HPC should comment if desired.
7
P24
FAR VARIANCE FOR THE FREE MARKET UNIT
No mitigation is required for the enlarged, pre - existing apartment unit, however the unit will
exceed the allowable FAR for free market residential use. Based on the size of the lot, free
market residential FAR is limited to 1,500 square feet. A portion of the FAR assigned to the
residential use is actually common area, open courtyards, stairs, garage, etc.
The applicant requests Council grant an increase in the allowable free market residential FAR
from 0.5:1 to 1.003:1, or 1,510 square feet. This is not a bonus in addition to the HPC 500
square foot benefit discussed above, but rather has to do with how the maximum FAR allowed
on the site can be distributed between the residential and commercial uses.
MAXIMUM RESIDENTIAL UNIT SIZE VARIANCE
In addition to an FAR cap on free market residential space, there is also a maximum unit size,
measured as net livable area, in the zone district. This limitation, which excludes the common
spaces described above, is 2,000 square feet. The only way to increase that amount is by landing
a historic preservation TDR. The applicant requests that Council allow the net livable area/unit
size to be 2,259 square feet, without the need to purchase and land a TDR. TDRs have an
approximately cost of $200- 250,000.
The previous two incentives are similar to those awarded for the voluntary preservation of the
nearby Crandall Building.
ACCESSIBILITY
The proposed addition preliminarily appears to trigger the need to provide accessibility to the
building. This accommodation was not made in the original design, which was laid out so that
the main floor was several feet above the street, accessed by a staircase.
The attached floor plans show an option for an elevator at the core of the building, accessed from
the alley. The applicant has requested Council waive the accessibility requirement, which staff
does not believe is in Council's purview as the regulations are derived from Federal laws. We
have discussed the proposal with the Building Department. They will meet with the applicant
and discuss alternatives, which can be reported to Council at Second Reading.
VESTED RIGHTS
Once a land use approval is granted, it never expires, however it can become subject to new laws
after a certain period of time. "Vested Rights" is the time period when the approval is protected
from most changes that may be adopted (approvals are never protected from amendments to the
Building Code, and some other life /safety issues.) The City is required to provide a 3 year
vesting period. The applicant has requested 12 years vesting, which a policy matter for Council.
RECOMMENDATION: Staff recommends that HPC support landmark designation and the
benefits requested from City Council (variances to allow the proposed free market unit size and
extended vested rights). Staff recommends that HPC support an FAR bonus, height increase and
8
P25
parking waiver, however the board must determine whether to approve the FAR bonus with the
condition that restoration measures for the front facade be proposed at Final, or continue the
hearing until specific information is presented.
Exhibits:
Resolution # , Series of 2010
A. Relevant HPC Design Guidelines
B. Integrity Scoring Sheet
C. Application
9
P26
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
SUPPORTING CITY COUNCIL APPROVAL OF HISTORIC LANDMARK
DESIGNATION AND BENEFITS NEGOTIATED UNDER ORDINANCE #48, SERIES
OF 2007, AND GRANTING MAJOR DEVELOPMENT (CONCEPTUAL),
COMMERCIAL DESIGN REVIEW (CONCEPTUAL), A HEIGHT INCREASE, AN FAR
BONUS AND PARKING WAIVER APPROVAL FOR THE PROPERTY LOCATED AT
610 EAST HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION # , SERIES OF 2010
PARCEL ID: 2737 - 182 -12 -004
WHEREAS, the applicant, 610 E. Hyman LLC, Charles Cunniffe, represented by Haas Land
Planning, has requested Historic Landmark Designation and Ordinance #48 negotiation, HPC
Major Development (Conceptual) and Commercial Design Review (Conceptual) and Variances
for the property located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen,
Colorado; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC, determines sufficient evidence exists that the property meets the criteria; and
WHEREAS, the property is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource. This Ordinance is codified at Section 26.415.025 of the Municipal
Code and provides for a ninety day period during which Council may negotiate with the property
owner for a mutually acceptable agreement that preserves the resource; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
610 E. Hyman Avenue
HPC Resolution # Series of 2010
Page 1 of 3
P 27
WHEREAS, in selected circumstances, the HPC may grant up to five hundred (500) additional
square feet of allowable floor area for projects involving designated historic properties if the
criteria of Section 26.415.110.E are met; and
WHEREAS, parking reduction and waiver of payment -in -lieu fees may be approved by HPC if
the criteria of Section 26.415.110.0 are met; and
WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per
Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with
conditions or continue the application to obtain additional information necessary to make a
decision to approve or deny; and
WHEREAS, Amy Guthrie, in her staff report to HPC dated December 10, 2010, performed an
analysis of the application based on the standards, found that the review standards had been met,
and recommended approval with conditions; and
WHEREAS, at their regular meeting on December 10, 2010, the Historic Preservation
Commission considered the application, the staff memo and public comments, and found the
proposal consistent with the review standards and recommended approval with conditions by a
vote of to
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends Council approval of Historic Landmark Designation and
Ordinance #48 negotiation, and grants HPC Major Development (Conceptual), Commercial
Design Review (Conceptual) and Variances for the property located at 610 E. Hyman Avenue,
Lot M, Block 99, City and Townsite of Aspen, Colorado with the following conditions:
1. HPC requires that the applicant identify restoration actions that can be taken to restore the
front facade and roof of the building to the extent practical in order to earn the 500 square
foot bonus
2. HPC approves the third floor of the addition to be 37' tall. The elevator overrun is 40' in
height.
3. HPC approves waiver of on -site parking requirements for the new addition.
4. For Final review, HPC requires the applicant to study a minor setback of the third floor
from the alley, so that a two story height is reinforced on that facade.
5. For Final review, the applicant is asked to provide information about any
accommodations that can be made on their own site to ensure that trash service needs will
be met in the future.
610 E. Hyman Avenue
HPC Resolution #_, Series of 2010
Page 2 of 3
P28
6. HPC supports the applicant's incentive request to City Council to allow the extra free -
market residential floor area and the increase of the free market unit size without the
landing of a Transferable Development Right.
7. HPC supports the applicant's incentive request to City Council for extended vested rights.
8. A development application for a Final Development Plan shall be submitted within one
(1) year of December 10, 2010, the date of approval of a Conceptual Development Plan.
Failure to file such an application within this time period shall render null and void the
approval of the Conceptual Development Plan. The Historic Preservation Commission
may, at its sole discretion and for good cause shown, grant a one -time extension of the
expiration date for a Conceptual Development Plan approval for up to six (6) months
provided a written request for extension is received no less than thirty (30) days prior to
the expiration date.
APPROVED BY THE COMMISSION at its regular meeting on the 10th day of December,
2010.
Sarah Broughton, Chair
Approved as to Form:
Jim True, Special Counsel
ATTEST:
Kathy Strickland, Chief Deputy Clerk
610 E. Hyman Avenue
HPC Resolution # , Series of 2010
Page 3 of 3
P29
"Exhibit A: Relevant HPC Design Guidelines for 610 E. Hyman , Conceptual Review"
3.1 Preserve the functional and decorative features of a historic window.
❑ Features important to the character of a window include its frame, sash, muntins/mullions,
sills, heads, jambs, moldings, operation and groupings of windows.
❑ Repair frames and sashes rather than replacing them, whenever conditions permit.
❑ Preserve the original glass, when feasible.
3.2 Preserve the position, number and arrangement of historic windows in a building
wall.
❑ Enclosing a historic window opening in a key character - defining facade is inappropriate, as is
adding a new window opening. This is especially important on primary facades where the
historic ratio of solid -to -void is a character- defining feature.
❑ Greater flexibility in installing new windows may be considered on rear walls.
❑ Do not reduce an original opening to accommodate a smaller window or door or increase it to
receive a larger window on primary facades.
7.3 Minimize the visual impacts of skylights and other rooftop devices.
❑ Flat skylights that are flush with the roof plane may be considered only in an obscure location
on a historic structure. Locating a skylight or a solar panel on a front roof plane is not
allowed.
❑ A skylight or solar panel should not interrupt the plane of a historic roof. It should be
positioned below the ridgeline.
7.6 When planning a rooftop addition, preserve . the overall appearance of the original
roof.
❑ An addition should not interrupt the original ridgeline.
10.3 Design a new addition such that one's ability to interpret the historic character of the
primary building is maintained.
❑ A new addition that creates an appearance inconsistent with the historic character of the
primary building is inappropriate.
❑ An addition that seeks to imply an earlier period than that of the primary building also is
inappropriate.
❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style
should be avoided.
❑ An addition that covers historically significant features is inappropriate.
10.4 Design a new addition to be recognized as a product of its own time.
❑ An addition should be made distinguishable from the historic building, while also remaining
visually compatible with these earlier features.
❑ A change in setbacks of the addition from the historic building, a subtle change in material or
a differentiation between historic, and more current styles are all techniques that may be
considered to help define a change from old to new construction.
10.6 Design an addition to be compatible in size and scale with the main building.
❑ An addition that is lower than or similar to the height of the primary building is preferred.
10.7 If it is necessary to design an addition that is taller than a historic building, set it back
substantially from significant facades and use a "connector" to link it to the historic
building.
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❑ A 1 -story connector is preferred.
❑ The connector should be a minimum of 10 feet long between the addition and the primary
building.
❑ The connector also should be proportional to the primary building.
10.8 Place an addition at the rear of a building or set it back from the front to minimize the
visual impact on the historic structure and to allow the original proportions and character
to remain prominent.
❑ Locating an addition at the front of a structure is inappropriate.
❑ Additional floor area may also be located under the building in a basement which will not
alter the exterior mass of a building.
❑ Set back an addition from primary facades in order to allow the original proportions and
character to remain prominent. A minimum setback of 10 feet on primary structures is
recommended.
10.9 Roof forms should be similar to those of the historic building.
❑ Typically, gable, hip and shed roofs are appropriate.
❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs.
10.10 Design an addition to a historic structure such that it will not destroy or obscure
historically important architectural features.
❑ For example, loss or alteration of architectural details, cornices and eavelines should be
avoided.
10.12 When constructing a rooftop addition, keep the mass and scale subordinate to that
of a historic building.
❑ An addition should not overhang the lower floors of a historic building in the front or on the
side.
❑ Dormers should be subordinate to the overall roof mass and should be in scale with historic
ones on similar historic structures.
❑ Dormers should be located below the primary structure's ridgeline, usually by at least one
foot.
10.13 Set a rooftop addition back from the front of the building.
❑ This will help preserve the original profile of the historically significant building as seen
from the street.'
10.14 The roof form and slope of a new addition should be in character with the historic
building.
❑ If the roof of the historic building is symmetrically proportioned, the roof of the addition
should be similar.
❑ Eave lines on the addition should be similar to those of the historic building or structure.
11
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INTEGRITY ASSESSMENT- MODERNIST
610 E. Hyman Avenue
Integrity is the ability of a property to convey its significance.
• LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
0 - The structure has been moved to a location that is dissimilar to its original
site.
STAFF SCORE: 5
TOTAL POINTS (maximum of 5)= 5
• DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style of a property.
BUILDING FORM
10 -The original plan form, based on authenticating documentation, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
0 - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
STAFF SCORE: 10. The original plan form is intact. There is a modest
addition at the rear.
ROOF FORM
10 -The original roof form is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines.
0 - Alterations to the roof have been made that obscure its original form.
STAFF SCORE: 6. The roof of the original building is unaltered,
however a removable awning is covering the second floor open courtyard
on a seasonal basis. This changes the appearance of the building from the
street somewhat significantly.
P32
SCALE
5 - The original scale and proportions of the building are intact.
3 - The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
0 - The scale of the building has been negatively affected by additions or
alterations.
STAFF SCORE: 5. The addition is not visible from the street.
SOLIDNOID PATTERN
10 - The original pattern of glazing and exterior materials is intact.
6 - The original pattern of glazing and exterior materials has been altered
but in a manner that would meet the design guidelines.
0- The original pattern of glazing and exterior materials is altered.
STAFF SCORE: 0. Originally the exterior wall was a screen, with the
enclosed spaces recessed some distance behind them. There were no
windows in the front facade, or a single pane of glass with no mullions.
Glazing was changed at the ground floor level more than 10 years ago
and garden level street facing windows were created.
CHARACTER - DEFINING FEATURES
10 — The horizontal or geometric form, minimalist detailing and features that
relate the building to its environment are intact.
6 - There are minor alterations to the horizontal or geometric form,
minimalist detailing and features that relate the building to its
environment.
0 - There have been major alterations to the horizontal or geometric form,
minimalist detailing and features that relate the building to its
environment.
STAFF SCORE: 6. The front entry used to be centered in the facade, but
has been changed so that there are doors on each end of the facade. A
lightwell has been added to the front of the structure and open air spaces
have been enclosed.
TOTAL POINTS (maximum of 45)= 27
• SETTING Setting is the physical environment of a historic property.
5- The physical surroundings are similar to that found when the structure was
originally constructed.
P33
3 -There are minor modifications to the physical surroundings but the changes
conform to the design guidelines.
0- The physical surroundings detract from the historic character of the
building.
STAFF SCORE: 5. There are numerous buildings of the same era along
this blockface.
TOTAL POINTS (maximum of 5)= 5
• MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
15- The original combination of exterior wall materials and glazing are intact.
10 -There have been minor alterations to the original exterior wall materials
and glazing made in a manner that conform to the design guidelines.
5- There have been major changes to the original combination of exterior
wall materials and glazing.
0- All exterior wall materials and glazing has been replaced.
STAFF SCORE: 15. The original material palette, brick and stucco, is
intact.
DOORS AND WINDOWS
10- All or most of the original door and window units are intact.
5 - Some of the original door and window units have been replaced but the
new units would meet the design guidelines.
0 - Most of the original door and window units have been replaced with units
that would not meet design guidelines.
STAFF SCORE: 5.
TOTAL POINTS (maximum of 25)= 20
• WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
COMPOSITION
15 -The structural composition that distinguishes the stylistic category of
P34
Modernism is intact. Detailing is reduced to composition of elements
instead of decorative effects. No decorative elements are used. Design is
focused on rationality, reduction, and composition. It is meant to separate
itself from style and sentimentality. Materials are generally manufactured
and standardized. The "hand" is removed from the visual outcome of
construction. Surfaces are smooth with minimal or no detail at window
jambs, grade, and at the roof edge.
10 -There have been some alterations to the structural composition that
would meet the design guidelines
0 - There have been some alterations to the structural composition that
would not meet the design guidelines
STAFF SCORE: 15. The architect's original simple approach to
detailing is preserved.
FINISHES & COLOR SCHEME
5 - The neutral or monochromatic color scheme and finishes that define the
stylistic category of Modernism is intact.
3 - There have been minor alterations to the neutral or monochromatic color
scheme and finishes that define the stylistic category of Modernism.
0- There have been significant alterations to the neutral or monochromatic
color scheme and finishes that define the stylistic category of Modernism.
STAFF SCORE: 3. It appears from photographs that the stucco on the
exterior was originally white, creating a greater contrast with the brick
than exists now.
TOTAL POINTS (maximum of 20)= 18
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
TOTAL STAFF SCORE: 75 POINTS
RECEIVED P
OCT 0 6 2010
ATTACHMENT 2 - Historic Preservation Land Use Applicatio I ° r" r r
CITY OF ASPEN — 4 �
COMMUNITY DEVELOPMENT a ::. ;^ T draTt
PROJECT:
Name: (old G C �i t MOt p
Location: 10 E E. f- man Asp')
Lod - M, Rfoct 1� , ) I`1 f- T 4- wns, of Se,n
(Indicate street address, lot & block number r and bounds description o roperty)
Parcel ID # (REQUIRED) (-27 37 -- I O a— / do 00y
APPLICANT: / Nyman ,/ /�j�
Name: (D! � ( Nyman L/�2 p cia Charier (% %/7 -
Address: (o IIO E 1-n an 77 �r, Aspen ) Co 7 1(p J
Phone #: q (X55— 55 V Fax#: 9255 �n7 E rho/Ies Cun uifk am
REPRESENTATIVE: ff
Name: 14n C15 ( Dhd Pl4n n s✓1a
Address:
Phone #: 4i5-7 U �i 19 Fax#: 3 %
E -mail: MkaaS ()son(1 s • rd-
TYPE 01? APPLICATION: (please check all that apply): t
Historic Designation ❑ Relocation (temporary, on
❑ Certificate of No Negative Effect ❑ or off -site)
❑ Certificate of Appropriateness ❑ Demolition (total
❑ -Minor Historic Development demolition)
II] -Major Historic Development ❑ Historic Landmark Lot Split
IN - Conceptual Historic Development
❑ -Final Historic Development
- Substantial Amendment
EXISTING CoNDrrloxs: (description of existing buildings, uses, previous approvals, etc.
ellP ridhaw) 2 s-b ,mlxe — us .b vt 01i rZs (9' 2,)w
a osa eIraq :bd on aIlio, s,c1.e buI/I 14 Zee
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
( _ a r i d i T a i t . r 4 i - L 01 and a_ remodel cons& n g of q I w o -
S adct►h abinte -f n - hi*ric oprale/ & r p o --
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
P36
General Information
Please check the appropriate boxes below and submit this page along with your apphcation,;This
information will help us review your plans and if necessary, coordinate with other agencies that
may be involved
YES NO
❑ Does the work you are planning include exterior work; including additions,
demolitions, new construction, remodeling, rehabilitation or restoration?
❑ Does the work you are planning include interior work; including remodeling,
rehabilitation, or restoration?
❑ Do you plan other future changes or improvements that could be reviewed at this
time?
❑ �Q In addition to City of Aspen approval for a Certificate of Appropriateness or No
Negative Effect and a building permit, are you seeking to meet the Secretary of
the Interior's Standards for Rehabilitation or restoration of a National Register of
Historic Places property in order to qualify for state or federal tax credits?
❑ ❑ If yes, are you seeking federal rehabilitation investment tax credits in
conjunction with this project? (Only income producing properties listed
on the National Register are eligible. Owner- occupied residential
properties are not)
❑ ❑ If yes, are you seeking the Colorado State Income Tax Credit for
Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
0 Rehabilitation Loan Fund ❑ Conservation Easement Program (Dimensional Variances ❑
Increased Density ❑ Historic Landmark Lot Split Waiver of Park Dedication Fees ❑
Conditional Uses AExemption from Growth Management Quota System ❑ Tax
Credits
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
P37
ATTACHMENT 3 - Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Project: (p 10 L f b ro a n b il'np• bell ncd m t Mad 0 rteurlorni-Cervihxd
Applicant 6 1 E■ u' LLC o e Oka
Project /� /�
Location: 600 F Hymn» `I a UT_ , 45g�1 t l_ )
Zone
District: C I
Lot size: 3 DOD
Lot Area: 3 000 5 ---
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.) 7 /•
Commercial net leasable: Existing: c 7/ r Proposed: 3) 4 O
Number of residential units: Existing: / Proposed: /
Number of bedrooms: Existing:$t,r-Ii n Proposed: /
Proposed % of demolition: -r /1 /
DIMENSIONS: (write n/a where no requirement exists in the zone district) , � Y3 / /'
Floor Area: Existing NA
y / / /S C Al lowable: Z c' 1 Proposed: ✓ St'
Height ( � 7 �io r f � 37� grn) e elel/th0
Principal Bldg.: Existing'7) �r/ ,t Allowable.' 0114 PCBpos�d: ((.dt1 -h e /91/4.6 /
Accessory Bldg.: Existing: N Allowable: AJ/A Proposed:
On -Site parking: Existing: 3 Required: 27 Proposed:
% Site coverage: Existing: ? Required: /I//4 Proposed: No chant e
Open Space: Existing: 7 Required: A //q Proposed: No Ch anr
Front Setback: Existing: /04 . Required: N/A Proposed: No r 44,7 c
Rear Setback: Existing: None Required: A74 Proposed: JVO du 429.1Z_
Combined Front/Rear:
indicate N. S. E. W Existing: -- Required: 4141 Proposed:
Side Setback: Existing: t' Required: t✓/1 Proposed: 0
Side Setback: Existing: /` Required: AM Proposed:
Combined Sides: Existing: (I Required: /l Proposed: 6
Distance between Existing: 9 Required: Af/4 Proposed :�_
buildings:
Existing non - conformities or encroachments and note if encroachment licenses have been issued:
pat'
Variations requested (identify the exact variances needed): ���'� •
1 i � / a r / Sod[ 16.1' t s_,_ ic. .i. i .trr i.. i. 1 zc.
Aspen Historic Preservation
Land Use Application Requirements, Updated: May 29, 2007
RECEIVED
, oCT 0 6 2010
N
CI
TY OF A SPE
�OMMUNITy DEVELOPMENT
HAAS LAND PLANNING, LLC
201 N. MILL STREET, SUITE 108 - ASPEN, CO 81611 - (970) 925 -7819 - MHAAS @SOPRIS.
To: Historic Thru: Amy Guthrie Date: October 6, 2010
Preservation and Sara Adams
Commission (HPC)
Subject: 610 East Hyman Avenue, Aspen, Landmark Designation,
and Ordinance 48 Negotiation
Introduction:
This application volunteers Landmark Designation for 610 East Hyman Avenue and
assurances to its preservation in exchange for the granting of incentives available through
Ordinance 48 negotiation. The building at 610 East Hyman Avenue was built in 1962 and
designed by Eleanor "Ellie" Brickham, who is an important architect of Aspen's 20th
century Modernist Movement architecture.
The subject property is legally described as Lot M, Block 99, City and Townsite of
Aspen, and it is owned by 610 East Hyman LLC (the applicant). The Vicinity Map below
shows the property's general location relative to the surrounding area.
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Vicinity Map - 610 East Hyman Avenue, Aspen
Ordinance 48 was adopted to address the negative impacts that the loss of landmark
eligible buildings would have on the health, peace, safety, and general well being of the
1
residents and visitors of Aspen, and the diminishment of Aspen's unique architectural
character, livability, and attractiveness as a destination. Owners of properties on the
Ordinance 48 "List" of landmark eligible buildings, including 610 East Hyman Avenue,
cannot undertake any alterations, and neither building permits nor land use applications
for alterations, demolition, or other similar development activity that would substantially
alter the potential Historic Resource may be accepted by the Community Development
Department except as permitted in Section 26.415.025(E). Said Code section provides for a
ninety-day (90) negotiation period for properties on the "List." The requirement to engage
in this 90 -day negotiation period is recognized by the applicant, and the applicant further
understands that this period may be extended an additional thirty (30) days by Resolution
of the City Council. The filing of this application will trigger the start of this 90 -day period.
The applicant intends to complete a remodel that will include a two -level addition to
the alley side of the building. The first level of this addition is proposed above the existing
garage /carport and contains two new office spaces. The upper level will be an expansion
of the already existing free - market residential unit. This application is seeking Conceptual
Commercial Design Review approval from the Historic Preservation Commission (HPC) as
permitted by Section 26.412.030 of the Code, which states that, "when development or a
portion thereof is located...on a property that is or is under consideration...to be listed on the
Inventory of Historic Landmark Sites and Structures, the commercial design review shall be subject
to review by the HPC." Therefore, even if not landmark designated at the end of the
negotiation period, Conceptual Commercial Design Review shall still be carried out by and
under the purview of the HPC.
The applicant is interested in having the building at 610 East Hyman Avenue added
to the Inventory of Historic Landmark Sites and Structures provided that the HPC finds the
submitted plans for the remodel of the building consistent with such status. Therefore, if
the applicant is permitted to proceed with the proposed plans, this application also seeks
Landmark Designation with HPC Conceptual Commercial Design Review and Major
Development approvals.
Existing Conditions:
The building at 610 East Hyman Avenue was built in 1962 and was designed by
Eleanor "Ellie" Brickham, an architect whose work is considered to be representative of the
Modernist Movement of 20th century architecture in Aspen. It is a 2 1- story, mixed -use
building on a 3,000 square foot lot, situated on East Hyman Avenue between Hunter and
Spring Streets.
The existing brick building features arched openings on the upper floor and a
vertical orientation accentuated by columns that help to define and elongate the arched
openings. The building is set back approximately ten (10) feet from the front property line
2
on Hyman Avenue, and the front portion of the second floor is merely a facade in front of
outdoor living space. The remainder of the second floor is a residential apartment.
The basement level, lower (garden) level and the first (main) level contain the offices
of Charles Cunniffe Architects. The front of the building features doors at either end. The
door on the west accesses stairs going up to the main level reception area, while the door
on the east accesses stairs going down to the garden level offices. Between these two street -
level entries, the front setback area features a large, semi - circle planter bordered by an
arched wrought iron fence which complements the dominant architectural feature of the
building (the upper level's arched openings). The roof is flat and features a parapet wall
capped with a simple rectangular cornice line, typical of Modernist architecture.
On the alley side of the property the original building is substantially set back from
the rear property line (approximately 35-45 feet). Between the original building and the
alley there is also a carport and a detached garage that were built in 2003. The addition
proposed in this application would sit atop the garage and carport (which are not original
or historically significant). Although the existing balconies on the alley side are original to
the building, they are not visible from any public ways except the alley. Even from the
alley the balconies are already obscured by the garage and carport. In order to
accommodate the proposed addition, these balconies will need to be removed. Even if it
were possible to retain the balconies, they would no longer have any visibility.
Since its original construction, there have been some minor modifications made to
the front facade of the building. For instance, in 1994 the doors were moved from the
center of the building to their current locations and the arches /transom windows on the
first level were replaced with operable transom windows. These changes greatly improved
the functionality of the building without significantly affecting its architectural integrity or
character.
As mentioned above, the building is home to the offices of Charles Cunniffe
Architects on the sub - grade, street, and first (main) levels. The current commercial net
leasable area is approximately 650sf on the basement level, 955sf on the garden level, and
1,110sf on the main level, for a total of approximately 2,715sf. The total commercial Floor
Area is approximately 2,685sf (0.895:1), while current codes establish an allowable
commercial floor area limit of 4,500sf (1.5:1). The residential unit on the upper level of the
building has a net livable area of approximately 930sf, while the residential Floor Area is
approximately 1,485sf (clearly, a larger than normal percentage of the residential FAR in
this building is consumed by non -unit space). The allowable residential Floor Area is
1,500sf (0.5:1). There is no affordable housing on the property.
3
Project Description/The Proposal:
In exchange for Landmark Designation and the preservation of this Ellie Brickham
designed building in Aspen's downtown, the applicant is seeking the entitlements listed
below on page 5 of this application. However, if Landmark Designation would preclude
approval of the proposed addition, then the applicant prefers to not so designate the
property/ structure.
The proposal envisions maintaining the overall appearance of the existing building,
while placing a two -story addition over the non - historic garage and carport along the
alley /rear side of the property. The upper level of the building currently contains one free -
market residential unit that will be expanded with the addition; however, no new
residential units will be created as a result. The addition will have minimal visual impact
as it will be set back more than forty feet from the front facade, maintaining the building's
overall appearance from Hyman Avenue. The proposed addition sits almost completely
over the stairs, and the garage /carport, none of which were part of the original 1962
building. As such, the new addition will, for the most part, only be visible from the alley
side, and will only obscure non - historic portions of the building. The new construction
will have a more contemporary loft style that is clearly a product of its own time, while
complementing the historic portion of the building.
At the front of the building, there is an existing second floor deck (the previously
described outdoor living space behind the arched openings) from which there is already
access to the rooftop. The proposed addition will be located behind this deck and will add
only eight (8) or so feet of height to the building. However, since this addition will take
place on the alley side, the measured height of the building will be 37', one foot over the 36'
height limit for three -story elements. The ground elevation at the alley is more than a foot
lower than that of the sidewalk at the front of this property, and this directly increases the
height measurement. As perceived from Hyman Avenue, however, the addition will be at
the height limit of thirty -six feet (36'). As part of Commercial Design Review, the height for
three -story elements can be increased to forty feet (40') to accommodate this proposal.
One of the incentives sought in this Ordinance 48 negotiation requests a waiver of
any potentially applicable elevator and /or ADA accessibility requirements. As can be seen
on the attached plans, installation of an elevator adds height to the building (to 40' on the
alley side and approximately 39' on the Hyman Avenue side). Stairs are currently required
to get into and access all levels of the building. If accessibility requirements cannot be met
by changes to the rear entrance of the building, the front entrance may have to be modified.
However, it is the applicant's hope that this building, which is seeking Landmark
designation (and has never been accessible) will be allowed to find an alternative way to
provide for accessibility.
4
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.7. 242 MAIN STREET • CAR80NDALE, CO 81623 • TEIF: 970%3 -9090 • FAX: 970963 -9321
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Please refer to the submitted plan sets for details and renderings of the proposed
designs.
As stated in Code Section 26.420.010(A),
Benefits to encourage good historic preservation practices by owners of historic
properties is [sic] an important aspect of Aspen's historic preservation program.
Historic resources are a valuable community asset and their continued protection
is the basic premise supporting the creation of an innovative package of
preservation tools that are unlike any other in the country.
Ordinance 48 was adopted to address, through negotiation of incentives for
designation, the negative impacts that the loss of landmark eligible buildings would have
on the health, peace, safety, and general well being of the residents and visitors of Aspen,
and the diminishment of Aspen's unique architectural character, livability, and
attractiveness as a destination. Other property owners have already exercised their right
under Ordinance 48 to reject City Council's proposed incentive package and, in doing so,
have their property removed from the Ordinance 48 list of potential historic resources. The
applicant hopes to avoid that. It is felt that the requested incentives are fully appropriate
and warranted in exchange for providing a substantial community benefit and valuable
community asset by landmark designating a building whose integrity assessment achieves
a score of 84, is representative of Aspen's rise as a hub for intellectual and cultural
endeavors in a pristine and natural environment, and embodies the aesthetic achievements
of Ellie Brickham, an important architect of Modern Era Aspen architecture. Preservation
of this building will provide a great complement to this block, which is most likely the
future home of the Aspen Art Museum. As such, it is earnestly hoped that the requested
incentives will be granted and the subject property will be added to the Aspen Inventory of
Historic Landmark Sites and Structures.
In exchange for the voluntary historic preservation of this property, the benefits that
the applicant is seeking include the following:
• Landmark Designation, which requires an HPC recommendation and City Council
approval;
• Conceptual approval of a Major Development by the HPC;
• Conceptual Commercial Design Review and approval for a 37' third -story element
by HPC (or 40' if an elevator is required);
• A five - hundred (500) square foot FAR bonus from the HPC;
• A parking waiver and waiver of cash -in -lieu fees from the HPC;
• Growth Management approval for Minor Enlargement of a Historic Landmark for
commercial, lodge, or mixed -use development by the Community Development
Director;
5
• An Ordinance 48 Code Variation to accommodate the proposed free - market
residential net livable area and Floor Area by the City Council;
• Waiver of any potentially applicable elevator and /or access requirements by the
City Council; and
• Twelve (12) years of vested property rights from the City Council.
Review Requirements
As mentioned above, Ordinance 48 envisions a "mutually acceptable agreement" and
"other benefits" when a property owner is pursuing Landmark status for their listed
property. In exchange for the voluntary historic preservation of this property, the benefits
that the applicant is seeking include the following:
1. Designation of Historic Properties
The designation of properties to the Aspen Inventory of Historic Landmark Sites
and Structures (the Inventory) is governed by Section 26.415.030 of the Code. In order to be
eligible for designation, the building must have a demonstrated quality of significance.
Section 26.415.030(B)(2) states that designation is appropriate when:
A property or district is deemed significant as a representation of Aspen's 20`
Century, was constructed in whole or in part more than thirty (30) years prior to
the year in which the application for designation is being made, possesses
sufficient integrity of location, setting, design, materials, workmanship and
association and is related to one or more of the following:
a. An event, pattern or trend that has made a significant contribution to local,
state, regional, or national history,
b. People whose specific contribution to local, state, regional or national history
is deemed important and the specific contribution is identified or documented,
or
c. A physical design that embodies the distinctive characteristics of a type,
period or method of construction or represents the technical or aesthetic
achievements of a recognized designer, craftsmen or design philosophy that is
deemed important.
The City of Aspen's historic preservation program produced official context papers
about the Post WWII architectural styles that have influenced the City, including
Modernism. The official context paper describes Modernism as a style of architecture that
began in the 20th century as a result of a clear philosophical shift in design practices and
attitudes, and incredible changes in building technology. Eleanor "Ellie" Brickham, the
architect of the building at 610 East Hyman Avenue, is listed as an "Architect of Note" who
completed significant works in Aspen and is considered to have left an imprint of the
philosophies of the modernist period on the town. The following information on Ellie
Brickham is found in the City's official context paper.
6
Eleanor Ellie' Brickham graduated from the University of Colorado's School of
Architecture. Construction was a family business, so Brickham's motivation to be
a designer began as a child. She moved to Aspen in 1951, attracted by the skiing,
but once there, found herself the only female architect in town. Early in her
career, Brickham worked in Fritz Benedict's office and collaborated on projects
with both Benedict and [Herbert]Bayer, participating in the work going on at the
Aspen Institute. During her time in that office, and later with her own firm, she
designed a number of residences and commercial structures in town, including
houses for several Music Festival artists in Aspen Grove, the Strandberg
Residence (1973,433 W. Bleeker Street), and the Patricia Moore Building (1969,
610 E. Hyman Avenue.) Within Pitkin County, Brickham designed numerous
homes in Starwood, on Red Mountain, and in Pitkin Green. Her works total at
least 50 buildings in the Aspen area. Brickham 's designs have been
characterized by spare, simple forms and detailing, and she has an interest in
passive solar techniques. Still practicing today, Brickham's projects focus on an
"impeccable sense of proportion and feeling of lightness."
The Aspen Times stated at her death,
She was Aspen's first woman architect, working with Herbert Bayer and Fritz
Benedict in the early days on numerous notable and historically significant
projects, including the Aspen Institute campus, and later she designed more than
60 residential and commercial buildings locally. She served on the board of and
was honored by the Aspen Historical Preservation Committee, and she was
presented with a Preservation Honor Award in 2001 ....As stated in a
proclamation by Aspen's Mayor Klanderud in 2003, `Ellie is one of the post -
Paepcke pioneers, and is, without question, one of Aspen's treasured characters'.
Clearly, Ellie Brickham made important contributions to local history and the Aspen
Modernist Architectural Movement, as identified by the City's official context papers, and
as documented in both the Aspen Times and a 2003 City of Aspen Proclamation. Further,
the subject building maintains a physical design that embodies the distinctive
characteristics of the local Modernist design philosophy.
The City's Historic Preservation Program utilizes Integrity Assessments in order to
score a property's ability to convey its historic significance. A total of 100 points is the most
a Modernist property can score between the categories of location, design, setting,
materials, and workmanship. A score of 75 points is considerate adequate for Landmark
designation. The building at 610 East Hyman Avenue has not yet been officially scored but
a review of the criteria reveals that it is worthy of a score of 84 points for the following
reasons:
• The structure is in its original location (5/5 points);
• The original plan form has been slightly altered, but the addition would meet the
design guidelines; there have been some changes to the back side of the building
7
and to the fenestration on the front facade, but otherwise the original plan form is
intact (8/10 points, subtotal 13 points);
• The original roof is unaltered (10/10 points, subtotal 23 points);
• The original scale and proportions of the building are intact (5/5 points, subtotal 28
points);
• The original pattern of glazing and exterior materials has been altered, but in a
manner consistent with the original design intent and that would meet the design
guidelines. (6/10 points, subtotal 34 points);
• There are minor alterations to the horizontal or geometric form, minimalist detailing
and features that relate the building to its environment. The original arched
openings on the street level were replaced with operable transom windows (8/10
points, subtotal 42 points);
• The physical surroundings are similar to that found when the structure was
originally constructed (5/5 points, subtotal 47 points);
• There have been minor alterations to the original exterior wall materials and glazing
but these were done in a manner that conforms to the design guidelines (10/15
points, subtotal 57 points);
• Some of the original door and window units have been replaced but the new units
are consistent with the design guidelines. The original front doors have been moved
from the center to the sides and some windows were added /altered (7/10 points,
subtotal 64 points);
• The structural composition that distinguishes the stylistic category of Modernism is
intact. No decorative materials are used. Design is focused on rationality,
reduction, and composition. Materials are generally manufactured and
standardized (15/15 points subtotal 79 points);
• The neutral or monochromatic color scheme and finishes that define Modernism
remain intact (5/5 points, total 84 points).
Conservatively calculated, the subject building's integrity assessment therefore
achieves an approximate score of 84 points, which is well in excess of the minimum
threshold for designation. This building was constructed more than thirty (30) years ago,
and it is representative of Aspen's Post WWII renaissance as a hub for intellectual and
cultural endeavors in a pristine and natural environment. The building embodies the
aesthetic achievements of Ellie Brickham, a notable architect of Modernism in Aspen. As
such, this structure satisfies every facet of the standards for landmark designation, where
only one of three standards need be satisfied before a building can be so designated. This
property is clearly more than worthy of Historic Landmark Designation.
As mentioned earlier in this application, Section 26.415.025 of the City of Aspen
Land Use Code (the Code) identifies a List of Potential Historic Resources (the "List "), "to
prevent the loss of buildings, sites, structures, or objects...that may have historical, architectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of
development or demolition of these potential resources ..." The properties identified in Exhibit
8
A of Ordinance No. 48, Series of 2007 constitute the "List," which includes 610 East Hyman
Avenue. Ordinance 48 was adopted to address the negative impacts that the loss of
landmark eligible buildings would have on the health, peace, safety, and general well being
of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability, and attractiveness as a destination. The applicant
appreciates the importance of preserving historic properties in Aspen and as such seeks to
have the Ellie Brickham designed Modernist building at 610 East Hyman Avenue granted
landmark status.
Owners of properties on the List, including 610 East Hyman Avenue, cannot
undertake any alterations, and neither building permits nor land use applications for
alterations, demolition, or other similar development activity that substantially alters the
potential Historic Resource may be accepted by the Community Development Department
except as permitted in Section 26.415.025E. Said Code section provides for a ninety-day
(90) negotiation period for properties on the "List." This 90 -day negotiation period is
understood by the applicant, and the applicant further understands that this period may be
extended an additional thirty (30) days by Resolution of the City Council. The filing of this
application triggers the start of this 90 -day period.
Ordinance 48 states that within the ninety-day negotiation period, "the Community
Development Director shall offer to meet with the property owner to discuss the City's Historic
Preservation Program and development and other benefits [emphasis added] that the property
may be eligible to receive upon designation as a Historic Landmark" Furthermore, the
Ordinance allows for the City Council to negotiate directly with the property owner or to
direct the Community Development Director or other City staff as necessary to negotiate
with the property owner to reach a mutually acceptable agreement for the preservation of
the Resource. An owner who consents to designation of a listed property may concurrently
submit any proposed development plans to be reviewed according to Chapter 26.415.
2. Conceptual Approval of a Major Development by the HPC
All applications for Conceptual approval of a Major Development project must
receive a determination of consistency with the City of Aspen Historic Preservation Design
Guidelines (the "HP Guidelines ") to be approved. If the subject property is granted
Landmark Designation, the proposed addition must, in turn, receive Conceptual Major
Development approval. Since this property is seeking Landmark status, Conceptual
approval of the proposed design requires a finding of consistency with Chapters 1 -10 of the
HP Guidelines, as well as the General Design Guidelines of Chapter 14.
More specifically, Chapters 1 through 10 of the HP Guidelines refer to renovations of
and additions to Historic Structures. Chapters 11, 12, and 13 are not applicable since they
provide guidelines for new buildings and additions on residential Landmark Properties,
design in the Main Street Historic District; and design in the Commercial Core Historic
9
District, respectively. The project has been designed to be generally consistent with the
guidelines of Chapter 14, but specific consistency with these requirements will be
demonstrated as part of the HPC's Final review.
The HP Guidelines state that not every guideline will apply to each project and that
some balancing of the guidelines must occur on a case -by -case basis. Accordingly, the HPC
must find only that a sufficient number of the relevant guidelines have been adequately
met in order to approve the proposal. Conceptual Review focuses on height, scale,
massing, and proportions of a proposal. The guidelines addressing treatment and
preservation of materials, lighting, fenestration, fences, and the like will be more
specifically addressed during Final HPC Review.
Chapter One of the HP Guidelines relates to streetscapes and lot features and is
largely inapplicable to this proposed development. Sections 1.1 through 1.8 concern fences
and retaining walls and Sections 1.10 through 1.14 relate to private yards. None of these
sections are applicable as no retaining walls or private yards exist on this property, and the
lone existing fence will not be altered. Likewise, Sections 1.16 and 1.17 are not applicable
as no historically significant landscape designs or irrigation ditches exist on the property.
The only applicable guidelines from Chapter One (1.9 Walkways and 1.15 Site Lighting) are
addressed below.
Walkways
1.9 Maintain the established progression of public-to-private spaces when
considering a rehabilitation project
• This includes a sequence of experiences, beginning with the 'public" sidewalk proceeding along a
"semi-public" walkway, to a "semi private" porch or entry feature and ending in the 'private"
spaces beyond.
• Provide a walkway running perpendicular from the street to the front entry. Meandering
walkways are discouraged, except where it is needed to avoid a tree.
• Use paving materials that are similar to those used historically for the building style. Concrete,
wood or sandstone may be appropriate for certain building styles.
The established progression of public to private space will be maintained. The
existing straight walkways to the front entries will not be changed, nor will the semi- public
spaces.
Site Lighting
1.15 Minimize the visual impacts of site lighting.
• Site lighting should be shielded to avoid glare onto adjacent properties. Focus lighting on walks
and entries, rather than up into trees and onto facade planes.
This standard is understood by the applicant and will be addressed at Final HPC
Review. No new exterior lighting is proposed at this time.
10
The relevant guidelines from Chapters 2 through 10, as well as those from Chapter
14, are outlined below in italicized text and each is followed by a response demonstrating
compliance and /or consistency therewith, as applicable.
2.1 Preserve original building materials.
2.2 Protect wood features from deterioration.
2.3 Plan repainting carefully.
2.4 Brick or stone that was not painted historically should not be painted
2.5 Repair deteriorated primary building materials by patching, piecing -in, consolidating or
otherwise reinforcing the material
2.6 Maintain masonry walls in good condition.
2.7 Match the original material in composition, scale and finish when replacing materials on
primary surfaces.
2.8 Do not use synthetic materials as replacements for primary building materials.
Original building materials will be preserved. There are no changes proposed to the
original materials that currently exist. As appropriate, this standard will be more fully
addressed at Final HPC Review.
2.9 Covering original building materials with new materials is inappropriate.
• Regardless of their character, new materials obscure the original, historically significant material.
For example, vinyl siding, aluminum siding and new stucco are inappropriate on historic buildings.
Other imitation materials that are designed to look like wood or masonry siding, but that are
fabricated from other materials, are also inappropriate.
• If a property already has a non - historic building material covering the original, it is not
appropriate to add another layer of new material, which would further obscure the original.
• Any material that covers historic materials will also trap moisture between the two layers. This
may cause accelerated deterioration to the historic material which will go unnoticed.
No original building materials will be covered. There will not be any vinyl siding,
aluminum siding, or stucco.
2.10 Consider removing later covering materials that have not achieved historic significance.
• Once the non - historic siding is removed, repair the original, underlying material.
All historic siding will remain intact. The proposed addition will only obscure a
non - historic portion on the alley side of the building.
3.1 Preserve the functional and decorative features of a historic window.
3.2 Preserve the position, number and arrangement of historic windows in a building wall
3.3 Preserve the historic ratio of window openings to solid wall on a facade.
3.4 Match a replacement window to the original in its design.
3.5 In a replacement window, use materials that appear similar to the original
3.6 Preserve the size and proportion of a historic window opening.
11
3.7 Match, as closely as possible, the profile of the sash and its components to that of the original
window.
3.8 Use a storm window to enhance energy conservation rather than to replace a historic window.
Although this standard will be more specifically addressed at the time of Final HPC
Review, all remaining historic windows will be retained.
4.1 Preserve historically significant doors.
4.2 Maintain the original size of a door and its opening.
4.3 When a historic door is damaged, repair it and maintain its general historic appearance.
4.4 If a new screen door is used, it should be in character with the primary door.
4.5 When replacing a door, use a design that has an appearance similar to the original door or a
door associated with the style of the house.
4.6 If energy conservation and heat loss are concerns, consider using a storm door instead of
replacing a historic entry door.
Although this standard will be more specifically addressed at the time of Final HPC
Review, it is the applicant's intention to preserve all historically significant doors.
Treatment of Porches
5.1 Preserve an original porch.
5.2 Avoid removing or covering historic materials and details on a porch.
5.3 Avoid enclosing a historic front porch.
5.4 The use of a porch on a residential building in a single-family context is strongly encouraged
Porch Replacement
5.5 If porch replacement is necessary, reconstruct it to match the original in form and detail.
There are no ground level porches on the existing building and none are proposed
for the addition. The second floor residential unit does have some outdoor living space
located on the Hyman Avenue side of the building and this space will be retained. This
space fits the City of Aspen Land Use Code definition of a loggia ( "a deck or porch attached to
a living space and open on at least one side developed under a roof as an integral part of the
building's mass rather than as an appended element "). Whether one calls this space a porch or a
loggia, the proposed renovation retains this space in its current form.
Treatment of Architectural Features
6.1 Preserve significant architectural features.
6.2 When disassembly of a historic element is necessary for its restoration, use methods that
minimize damage to the original material.
6.3 Remove only the portion of the detail that is deteriorated and must be replaced
6.4 Repair or replacement of missing or deteriorated features should be based on original designs.
6.5 Do not guess at "historic" designs for replacement parts.
6.6 Replacement of missing elements may be included in repair activities.
12
As previously mentioned, the applicant intends to preserve all of the significant
architectural features of this building, although the existing balconies on the alley side of
the building will need to be removed. This renovation /addition will not obscure any
significant architectural features of the building.
Treatment of Roofs
7.1 Preserve the original form of a roof
• Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the
roof as seen from the street.
• Retain and repair roof detailing.
The original form of the roof is flat and will be maintained. The third floor addition,
which will not obscure the original building, will also have a low - profile, flat roof.
7.2 Preserve the original eave depth.
• The shadows created by traditional overhangs contribute to one's perception of the building's
historic scale and therefore, these overhangs should be preserved.
As previously mentioned, the entire front facade will be retained in the renovation.
As such, the original eave depth will be preserved.
7.3 Minimize the visual impacts of skylights and other rooftop devices.
• Flat skylights that are flush with the roof plane may be considered only in an obscure location on a
historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed.
• A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned
below the ridgeline.
No skylights are proposed for this development.
7.4 A new chimney should be the same scale as those used historically.
7.5 Preserve original chimneys, even if they are made non-functional.
The existing building does not have a chimney and no new chimneys are proposed.
7.6 When planning a rooftop addition, preserve the overall appearance of the original roof
• An addition should not interrupt the original ridgeline.
• See also: Chapter 10, Guidelines for Building Additions.
Although a third floor addition is proposed, it is set back more than 40 feet from the
front of the building. Therefore, the original roof will remain and a portion of the roof will
become a deck for the residential unit. The overall appearance and lines of the original roof
will be preserved. Both the original roof and the proposed third floor roof are flat.
13
7.7A new dormer should remain subordinate to the historic roof in scale and character.
• A new dormer should fit within the existing wall plane. It should be lower than the ridgeline and
set in from the eave. It should also be in proportion with the building.
• The mass and scale of a dormer addition must be subordinate to the scale of the historic building.
There are no dormers on the existing building and none are proposed.
7.8 Preserve original roof materials.
• Avoid removing historic roofing material that is in good condition. When replacement is necessary,
use a material that is similar to the original in both style as well as physical qualities and use a
color that is similar to that seen historically.
• Specialty materials such as tile, slate or concrete should be replaced with a matching material.
The existing roofing material is not historically significant.
7.9 New or replacement roof materials should convey a scale, color and texture similar to those
used traditionally.
• Replacement materials should be similar to those used historically on comparably styled buildings.
• If a substitute is used, such as composition shingle, the roof material should be earth tone and have
a matte, non - reflective finish.
• Flashing should be in scale with the roof material.
• If copper flashing is to be used, it should be treated to establish a matte, non - reflective finish.
The roof material for the addition will have a matte, non - reflective finish and be,
clearly, a product of its own time. The flat roof is not visible from any public vantage
points.
7.10 If it is to be used, a metal roof should be applied and detailed in a manner that is compatible
and does not detract from the historic appearance of the building.
• A metal roof material should have an earth tone and have a matte, non - reflective finish.
• A metal roof with a lead -like patina also is an acceptable alternative.
• Seams should be of a low profile.
• A roof assembly with a high profile seam or thick edge is inappropriate.
The new low - profile roof over the addition is proposed to have a matte, non-
reflective finish. It will not be visible from any publicly accessible vantage points
7.11 Avoid using conjectural features on a roof
• Adding ornamental cresting, for example, where there is no evidence that it existed creates a false
impression of the building's original appearance, and is inappropriate.
There will be no conjectural features on or added to the roof.
Chapter 8 of the HP Guidelines involves preserving historically significant
secondary structures. Although there is a separate garage on the property, it is not
14
historically significant as it was built in 2003. The proposed addition maintains this garage,
and will be built above it. Chapter 9 discusses building relocation and new foundations;
this building is not being relocated and the original foundation is being preserved.
10.1 Preserve an older addition that has achieved historic significance in its own right
• Such an addition is usually similar in character to the original building in terms of materials,
finishes and design.
10.2 A more recent addition that is not historically significant may be removed
The only existing addition on the property is on the alley side and consists of the
garage and carport area. This addition is not historically significant. The new addition is
proposed to be built above this non - historic element.
10.3 Design a new addition such that one ability to interpret the historic character of the
primary building is maintained.
• A new addition that creates an appearance inconsistent with the historic character of the primary
building is inappropriate.
• An addition that seeks to imply an earlier period than that of the primary building also is
inappropriate.
• An addition that seeks to imply an inaccurate variation of the primary building's historic style
should be avoided.
• An addition that covers historically significant features is inappropriate.
The third floor addition to this building, which is set back more than 40 feet from the
front of the building has been designed to complement the historic character of the primary
building, but is clearly a product of its own time. As previously mentioned, no historically
significant features will be covered up by this addition.
10.4 Design a new addition to be recognized as a product of its own time.
• An addition should be made distinguishable from the historic building, while also remaining
visually compatible with these earlier features.
• A change in setbacks of the addition from the historic building, a subtle change in material or a
differentiation between historic, and more current styles are all techniques that may be considered
to help define a change from old to new construction.
The proposed addition is clearly distinguishable from the historic building, but is
visually compatible with the earlier design. The proposed addition will be constructed on
the alley side of the building, and uses different materials than those found on the historic
portion of the building. The addition's modern loft -style design will complement, yet be
subordinate to the historic building. The addition will be clearly recognizable as a product
of its own time.
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10.5 When planning an addition to a building in a historic district, preserve historic alignments
that may exist on the street
• Some roof lines and porch eaves on historic buildings in the area may align at approximately the
same height. An addition should not be placed in a location where these relationships would be
altered or obscured.
This building is not in a historic district.
10.6 Design an addition to be compatible in size and scale with the main building.
• An addition that is lower than or similar to the height of the primary building is preferred.
10.7 If it is necessary to design an addition that is taller than a historic building, set it back
substantially from significant facades and use a "connector" to link it to the historic building.
• A 1 -story connector is preferred.
• The connector should be a minimum of 10 feet long between the addition and the primary building.
• The connector also should be proportional to the primary building.
The proposed addition simply adds onto the garage /carport area on the back side of
the building. The addition is compatible with the resource in size and scale as it is smaller,
subservient, and substantially set back from the significant facades.
10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual
impact on the historic structure and to allow the original proportions and character to remain
prominent
• Locating an addition at the front of a structure is inappropriate.
• Additional floor area may also be located under the building in a basement which will not alter the
exterior mass of a building.
• Set back an addition from primary facades in order to allow the original proportions and
character to remain prominent. A minimum setback of 10 feet on primary structures is
recommended.
As previously mentioned, the proposed addition is on the alley side of the building
and is set back more than forty (40) feet from the front facade, significantly reducing any
visual impact and allowing the original proportions and character to remain prominent.
10.9 Roof forms should be similar to those of the historic building.
• Typically, gable, hip and shed roofs are appropriate.
• Flat roofs are generally inappropriate for additions on residential structures with sloped roofs.
The existing building has a flat roof. The proposed addition will maintain this
roofline as it features a similar flat roof that is set back more than forty feet (40') from the
front facade.
10.10 Design an addition to a historic structure such that it will not destroY or obscure historically
important architectural features.
• For example, loss or alteration of architectural details, cornices and eavelines should be avoided.
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No architectural details will be lost, altered or obscured by the proposed addition to
this building.
10.11 On a new addition, use exterior materials that are compatible with the historic materials of
the primary building.
• The new materials should be either similar or subordinate to the original materials.
The addition's exterior materials will be compatible with the historic materials, and
will be discussed further during Final HPC Review.
10.12 When constructing a rooftop addition, keep the mass and scale subordinate to that of a
historic building.
• An addition should not overhang the lower floors of a historic building in the front or on the side.
• Dormers should be subordinate to the overall roof mass and should be in scale with historic ones
on similar historic structures.
• Dormers should be located below the primary structure's ridgeline, usually by at least one foot.
The proposed alley -side addition is subordinate in mass and scale to the historic
building and is set back more than 40 feet from the front of the building. The addition will
not overhang lower floors on any side, and no dormers are proposed.
10.13 Set a rooftop addition back from the front of the building.
• This will help preserve the original profile of the historically significant building as seen from the
street.
As mentioned above, the addition will be constructed on the alley side of the
building and set back from the front facade by more than forty (40) feet. The original
profile of the building as seen from the street will be preserved.
10.14 The roofform and slope of a new addition should be in character with the historic building.
• If the roof of the historic building is symmetrically proportioned, the roof of the addition should be
similar.
• Eave lines on the addition should be similar to those of the historic building or structure.
The proposed addition envisions a flat roofline similar to the existing roofline.
14.1 These standards should not prevent or inhibit compliance with accessibility laws.
• All new construction should comply completely with the Americans with Disabilities Act (ADA).
Owners of historic properties should comply to the fullest extent possible, while also preserving the
integrity of the character - defining features of their buildings. Special provisions for historic
buildings exist in the law that allow some alternatives in meeting the ADA standards.
14.2 Generally, a solution that is independent from the historic building and does not alter its
historic characteristics Ls encouraged.
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The existing building does not comply with ADA requirements. One of the
incentives sought in this Ordinance 48 negotiation requests a waiver of any potentially
applicable elevator and /or accessibility requirements. As can be seen on the attached
plans, installation of an elevator adds height to the building (to 40' on the alley side and
approximately 39' on the Hyman Avenue side). The elevator is shown on the plans to
illustrate a "worst case" scenario in the event that the Ordinance 48 negotiation does not
result in the requested waiver.
Stairs are currently required to access all levels of the building as the split -level
layout does not contain a true street -level floor. If accessibility requirements are not
waived and compliance cannot be met by changes to the rear of the building, the front
entrance may need to be modified. However, it is the applicant's hope that the front facade
of this building which is seeking Landmark designation and has never been accessible, will
not have to be modified.
14.3 Keep color schemes simple.
14.4 Coordinating the entire building in one color scheme is usually more successful than
working with a variety of palettes.
14.5 Develop a color scheme for the entire building front that coordinates all the facade elements.
Although the HPC does not review the choice of color, there are guidelines that are
provided to encourage similar paint schemes. These guidelines are understood and will be
more fully addressed at the time of Final HPC review.
14.6 Exterior lights should be simple in character and similar in color and intensity to that used
traditionally.
14.7 Minimize the visual impacts of site and architectural lighting.
14.8 Minimize the visual impact of light spill from a building.
The lighting standards are understood by the applicant and will be further
addressed at the time of Final HPC Review.
14.9 Use the gentlest means possible to clean the surface of materials and features.
14.10 Repair deteriorated primary building materials by patching, piecing -in, consolidating or
otherwise reinforcing the material.
14.11 Plan repainting carefully.
14.12 Provide a weather protective finish to wood surfaces.
14.13 Leave natural masonry colors unpainted where feasible.
If applicable, these standards will be followed by the applicant. However, the
proposal does not entail any changes to the historic portion of ilding or its exterior
surfaces.
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14.14 Minimize the visual impacts of service areas as seen from the street
• When it is feasible, screen service areas from view, especially those associated with
commercial and multifamily developments.
• This includes locations for trash containers and loading docks.
• Service areas should be accessed off of the alley, if one exists.
The service area will continue to be located off of the alley, thereby minimizing any
visual impacts from the street.
14.15 Minimize the visual impacts of mechanical equipment as seen from the public
way.
• Mechanical equipment may only be installed on an alley facade, and only if it does not create a
negative visual impact.
• Mechanical equipment or vents on a roof must be grouped together to minimize their visual impact.
Where rooftop units are visible, provide screening with materials that are compatible with those of
the building itself.
• Screen ground- mounted units with fences, stone walls or hedges.
• A window air conditioning unit may only be installed on an alley facade, and only if it does not
create a negative visual impact.
• Use low profile mechanical units on rooftops so they will not be visible from the street or alley.
Also minimize the visual impacts of utility connections and service boxes. Use smaller satellite
dishes and mount them low to the ground and away from front yards, significant building facades or
highly visible roof planes.
• Paint telecommunications and mechanical equipment in muted colors that will minimize their
appearance by blending with their backgrounds.
Mechanical equipment will not be seen from the public ways and will not create a
negative visual impact.
14.16 Locate standpipes, meters and other service equipment such that they will not damage
historic facade materials.
• Cutting channels into historic facade materials damages the historic building fabric and is
inappropriate. Do not locate equipment on the front facade.
• If a channel must be cut, either locate it on a secondary facade, or place it low on the wall
No service equipment will be located on the front facade and none will damage any
historic facade materials.
14.17 Design a new driveway in a manner that minimizes its visual impact.
14.18 Garages should not dominate the street scene.
14.19 Use a paving material that will distinguish the driveway from the street
14.20 Off - street driveways should be removed, if feasible.
14.21 For existing driveways that cannot be removed, provide tracks to a parking area rather than
paving an entire driveway.
14.22 Driveways leading to parking areas should be located to the side or rear of a primary
structure.
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14.23 Parking areas should not be visually obtrusive.
14.24 Large parking areas, especially those for commercial and multifamily uses, should not be
visually obtrusive.
There is an existing garage and carport on the alley side and these will be
maintained. Access to the garage and carport is gained via the alley.
Signs
14.25 Locate signs to be subordinate to the building design.
14.26 Sign materials should be similar to those used historically.
14.27 Use signs to relate to other buildings on the street and to emphasize architectural features.
14.28 Pictographic symbols are encouraged on signs.
14.29 Illuminate a sign such that it complements the overall composition of thesite.
These guidelines are understood by the applicant and will be further addressed at
the time of Final HPC Review. All signs will be located so as to be subordinate to the
building design.
3. Conceptual Commercial Design Review Approval by the HPC
Commercial, Lodging and Historic District Design Objectives and Guidelines:
The Commercial, Lodging and Historic District Design Objectives and Guidelines
(the "Commercial Guidelines ") set forth design review criteria, standards and guidelines
that are to be used in making determinations of appropriateness. They are organized to
address the different design contexts that exist in the City. These distinct settings, or
contexts, are defined as "Character Areas," within which variations exist among the
physical features that define each area. The proposed development is located in the
"Commercial Character Area," one block east of the Commercial Core.
Per the Commercial Guidelines, all development projects should achieve the
following design objectives:
• Promote an interconnected circulation system that invites pedestrian use,
including a continuous street and alley system and a respect for the natural
topography;
• Promote a system of public places that support activities, including public
amenity spaces, compatible landscaping and paving, and unobtrusive off-street
parking; and
• Assure that buildings fit together to create a vibrant street edge that reinforces a
sense of appropriate scale.
The Commercial Character Area largely corresponds to the Commercial (C -1) Zone
District which forms the immediate fringe of much of the Commercial Core Historic
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District (CC). Building heights and materials in the C -1 zone vary. Storefront design and
display is a less dominant characteristic than in the CC area, and this diminishes the
pedestrian experience in some places. The street wall is less defined than in the CC, and
building facades are sometimes set back or include front yard space, which weakens the
edge. The purpose of the Commercial (C -1) zone district is stated in Section 26.710.150(A)
of the Code as follows: "to provide for the establishment of mixed -use buildings with commercial
uses on the ground floor, opportunities for affordable and free- market residential density. A
transition between the CC and surrounding residential neighborhoods has been implemented
[emphasis added] through a slight reduction in allowable floor area as compared to the Commercial
Core, the ability to occupy the Ground Floor with offices, and a separate Chapter in the Commercial
Design Guidelines." Complying with the zoning and Commercial Design Guidelines,
therefore, ensures a successful transitioning from the CC to the adjacent residential
neighborhoods.
The key design objectives in the Commercial Character Area are as follows:
1. Strengthen the sense of relatedness with the Commercial Core Historic District
Strengthening the definition of the street edge in a manner similar to the Commercial Core is
desired. At the same time, the Commercial Area is a place where more variety in design is
encouraged. Imitating historic styles is not an objective, but re- establishing a sense of a
stronger fundamental framework will enhance the urban qualities of this area and is a
priority.
2. Maintain a retail orientation.
Greater retail presence at the street edge should be achieved to ensure an enhanced street
vitality and an enriched and more urban definition of the commercial street frontage.
3. Promote creative, contemporary design.
Designs should seek creative new solutions that convey the community's continuing interest
in exploring innovations. At the same time, the fundamental principles of traditional design
must be respected. This means that each project should strike a balance in the design
variables that are presented in the following pages.
4. Encourage a well - defined street wall
The intent is to more clearly establish a strongly defined street wall, but with some greater
variety than in the Commercial Core Historic District since the historic building edge is not
as defined. A stronger street facade definition should be achieved while at the same time
recognizing the value of public dining and landscaped space.
S. Reflect the variety in building heights seen traditionally.
It is important that a range and variation in building height and scale in the Commercial
Area be recognized in future development. Larger buildings should be varied in height and
reflect original lot widths.
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6. Accommodate outdoor public spaces while establishing a clear definition to the street
edge.
Providing space in association with individual buildings remains important, but should be
balanced with much greater building street presence and corner definition.
7. Promote variety in the street level experience.
Display cases, architectural details and landscaping are among the design elements that
should be used.
The proposed renovation of 610 East Hyman Avenue will maintain the existing
setback from the front property line. When viewed from Hyman Avenue, the proposed
addition will have a negligible visual impact as compared with the existing condition.
Only the alley side view of the building will significantly change as a result of the
renovation. The addition is consistent with the stated goal of having varied building
heights in the Commercial Area; the upper floor addition will add approximately 8 feet to
the current structure, and it will be adequately taller than the adjacent building, while
remaining sensitive to its context.
Outlined below is each of the Commercial Character Area's Conceptual Review
Design Guidelines in italicized print, followed by a description of the proposal's compliance
and /or consistency therewith, as applicable.
1.1 Orient a primary entrance toward the street.
• A building should have a clearly defined primary entrance.
• Providing secondary public entrances to commercial spaces is also encouraged on
larger buildings.
The front side of the building will not change as a result of the proposed renovation.
The existing primary entrances will remain in their current locations (unless required to be
changed to meet accessibility laws).
1.2 Maintain the established town grid in all projects.
• The network of streets and alleys should be retained as public circulation space and for
maximum public access.
• Streets and alleys should not be enclosed or closed to public access, and should remain
open to the sky.
All streets and alleys will be retained and will continue to provide maximum public
access. No streets or alleys will be enclosed or closed to public access.
Internal Walkways
1.3 Public walkways and through courts should be designed to create access to additional
commercial space.
• These may be shops that face onto walkways or courtyards.
• See also: Public Amenity Space design guidelines.
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This standard is not applicable to the subject property.
1.4 Develop an alley facade to create visual interest.
• Use varied building setbacks and changes in materials to create interest and reduce perceived
scale.
• Balconies, court yards and decks are also appropriate.
• Providing secondary public entrances is strongly encouraged along alleys. These should be clearly
intended for public use, but subordinate in detail to the primary street -side entrance.
The proposed addition uses varied building setbacks, as well as a combination of
materials and a small deck to create visual interest on the alley facade.
1.5 The visual impacts of structured parking should be minimized The access shall be:
• Located on an alley when feasible or a secondary street, designed with the same attention to detail
and materials as the primary building facade, and integrated into the building design.
1.6 Structured parking should be placed within a 'wrap' of commercial and/or residential uses.
The visual impacts of structured parking will remain the same and continue to be
located off of the alley.
Public Amenity Space
1.7A street facing amenity space shall meet all of the following requirements:
• Abut the public sidewalk
• Be level with the sidewalk
• Be open to the sky
• Be directly accessible to the public
• Be paved or otherwise landscaped
1.8 A street facing public amenity space shall remain subordinate to the line of building fronts in
the Commercial Area.
• Any public amenity space positioned at the street edge shall respect the character of the
streetscape and ensure that street corners are well defined, with buildings placed at the sidewalk
edge.
• Sunken spaces, which are associated with some past developments, adversely affect the street
character. Where feasible, these should be replaced with sidewalk level improvements.
1.9 Street facing amenity space shall contain features to promote and enhance its use. These may
include one or more of the following:
• Street furniture • Public art
• Historical /interpretive marker
The front yard setback area and uses located therein (walkways and fenced flower
bed), will not be altered or in any way changed as a result of the proposed addition. No
other public amenity spaces exist on the subject property.
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1.18 Maintain the alignment of facades at the sidewalk's edge.
• Place as much of the facade of the building at the property line as possible.
• A minimum of 60% of the front facade shall be at the property line.
• Locating an entire building front behind the established storefront line is inappropriate.
1.19 A building may be set back from its side lot lines in accordance with design guidelines
identified in Street & Alley System and Public Amenity Space guidelines.
Since the project proposes only a remodel and addition to the alley side of the
building, as opposed to a redevelopment, the existing alignment of facades will continue
unchanged.
1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be
oriented toward the street
1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building
orientations.
• The front of a primary structure shall be oriented to the street.
The existing building and the proposed renovation's facades are parallel to the street
and primary entrances are oriented toward the street.
1.22 Building facade height shall be varied from the facade height of adjacent buildings of the
same number of stories by a minimum of 2 feet
• If an existing structure is three stories and 38 ft. tall for example, then adjacent new infill may be
three stories, but must vary in facade height by a minimum of 2 ft.
1.23 A new building or addition should reflect the range and variation in building height of the
Commercial Area.
• Refer to the zone district regulations to determine the maximum height on the subject property.
• A minimum 9 ft floor to ceiling height is to be maintained on second stories and higher.
The maximum height in the Cl. zone district is established at twenty-eight feet for
two -story elements and thirty-six (36) feet for three -story elements of a building, which
may be increased to forty (40) feet through Commercial Design Review. The applicant
requests that the height for the proposed third -story elements be established at thirty-seven
feet (37'), which is still three feet (3') below the forty foot (40') limit that can be approved.
The proposed addition will add only approximately eight feet (8') of height to the building.
However, since this addition will take place on the alley side of the property, the measured
height of the building will be 37', which is one foot over the 36' height limit for three -story
elements. The ground elevation along the alley is more than a foot lower than that of the
Hyman Avenue sidewalk and this directly increases the height measurement. If the
measurement were taken from the Hyman Avenue sidewalk, the addition would be at the
height limit of thirty-six feet (36'). If approved, the front portion of the building (the first
forty feet in depth from Hyman Avenue) will retain its existing height while only the alley
side of the building will get taller. Additionally, the proposed third and second stories
both vary from the height of the adjacent buildings by more than the prescribed two (2)
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feet. In the event that any applicable elevator requirements are not waived as part of the
Ordinance 48 negotiation, the allowed height of the building (for the elevator
shaft/override) will need to be increased to 40 feet on the alley side of the building and
approximately 39' on the Hyman Avenue side.
1.24 Height variation should be achieved using one or more of the following:
• Vary the building height in accordance with traditional lot width.
• Set back the upper floor to vary the building facade profile(s) and the roof forms across the width
and the depth of the building.
• Vary the facade (or parapet) heights at the front.
• Step down the rear of the building towards the alley, in conjunction with other design standards
and guidelines.
This proposal envisions a second and third floor addition on the alley side of the
building. The addition is set back more than forty feet from the front of the building,
which reaches a height of just two and one -half stories. As such, the building height is
varied in accordance with traditional lot width. The upper floors are set back to vary the
facade profiles.
1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to
reflect traditional lot width.
• The facade height shall be varied to reflect traditional lot width. • Height should be varied every 60
ft. minimum and preferably every 30 ft. of linear frontage in keeping with traditional lot widths and
development patterns.
• No more than two consecutive 30 ft. facade modules may be three stories tall, within an individual
building.
• A rear portion of a third module may rise to three stories, if the front is set back a minimum of 40
feet from the street facade. (e.g. at a minimum, the front 40 feet may be no more than two stories in
height)
1.26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum
of two of the following:
• Variation in height of building modules across the site
• Variation in massing achieved through upper floor setbacks, the roofscape form and variation in
upper floor heights
• Variation in building facade heights or cornice line
Since this site is comprised of only one traditional lot width these standards are not
applicable.
1.27 A new building should step down in scale to respect the height, form and scale of a historic
building within its immediate setting.
1.28 New development adjacent to a single story historic building that was originally constructed
for residential use shall not exceed 28 ft. in height within 30 ft of the side property line adjacent
to the historic structure within the same block face.
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This development does not involve any new buildings and there are no single -story
historic buildings adjacent to this property.
4. FAR Bonus from the HPC
Section 26.415.110(E) of the Code allows the HPC to grant up to five hundred (500)
additional square feet to the floor area for projects involving designated historic properties.
To be considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines; and
Consistency with the applicable guidelines has been demonstrated above.
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
and/or
The building will be officially designated as historic, and it will remain the key
element of the property. Since the addition is proposed on the alley side of the building
and the renovation will not alter the historic part of the building, the visual integrity will be
completely maintained.
c. The work restores the existing portion of the building to its historic appearance;
and/or
The building will be preserved and its historic appearance will be virtually the same
as it is now.
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f An appropriate transition defines the old and new portions of the building; and/or
The addition will use construction materials of the highest quality. The
addition's 40 foot setback from the front facade, as well as the complementary but
different building materials that are proposed for this new portion of the building will
ensure an appropriate transition that defines the historic building and the new
construction.
g. The project retains a historic outbuilding; and/or
No historic outbuildings exist on the subject property.
h. Notable historic site and landscape features are retained.
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All of the development proposed will take place on the alley side of the building.
The historic site and landscape features along Hyman Avenue will be retained.
In order to be eligible for a 500 square foot FAR bonus, a project must meet standard
"a," above and one or more of standards b -h. The Code provides at Section
26.415.110(E)(2) that projects which demonstrate consistency with multiple elements of
standards b -h will have a greater likelihood of being awarded additional floor area. The
foregoing has demonstrated complete consistency with standard "a," as required. In
addition, consistency with standards b, c, d, e, f and h has been assured as a result of this
application. (Standard g is not applicable as there are no historic outbuildings on the
subject property.) This proposal is clearly more than eligible for the 500 square foot bonus,
and it is needed from the HPC as an integral part of the Ordinance 48 negotiation.
5. Parking Waiver and Waiver of Cash -in -Lieu Fees
Section 26.515.030 of the Code establishes the number of off - street parking spaces
needed for various types of development, and provides that one space is required for every
1,000 net leasable square feet of commercial space. Alternatively, cash -in -lieu for 100% of
the required commercial spaces is allowed by right.
The proposed renovation of this property will create an additional 935 square feet of
net leasable area, resulting in the need for less than one parking space (0.935 of a space).
Developmental benefits currently available to Landmark designated properties under
Section 26.420.020(B)(1)(e) of the Code include a parking waiver and a waiver of cash -in-
lieu fees for sites unable to contain the required number of off - street parking spaces. There
are already several off - street parking spaces associated with this property, and said
parking will remain after the renovation. There is no further opportunity for additional on-
site parking, however, there is ample street parking surrounding this property. Any
development of additional on -site parking would adversely affect the integrity of the
historic resource. As such, the applicant requests a parking waiver from the HPC in
association with the Landmark Designation and Conceptual approval requested herein.
6. GMQS approval for Minor Enlargement of a Historic Landmark by the
Community Development Director
Pursuant to Section 26.470.060 of the Code, the Community Development Director
(CDD) has the ability to approve, approve with conditions, or deny certain Growth
Management applications. Subsection (4) thereof allows for the approval of a minor
enlargement of a Historic Landmark for commercial, lodge or mixed -use development as
long as certain criteria are met.
The criteria applicable to this development hold that: if the development increases
both floor area and net leasable space, up to four (4) employees generated by the additional
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space shall not require the provision of affordable housing; and no more than one free -
market residence may be created. This proposal seeks to increase FAR by approximately
2,260 square feet, and will increase the net leasable area by approximately 935 square feet
on an upper floor (generating only 2.88 FTE [935/1000 x 3.075 = 2.875], per the standards of
Code Section 26.470.100(A)(1)). No new free - market residences are proposed, only an
addition to an existing residence. Therefore, this proposal satisfies the criteria for approval
as a minor enlargement of a Historic Landmark and should be approved by the CDD
concurrent with its designation.
7. Ordinance 48 Code Variations from City Council
The allowable free - market residential FAR for this building is 0.5:1 or 1,500 square
feet. The existing free - market residential FAR in the building is only thirteen (13) square
feet below this limit. After the addition there will be 3,010 square feet of free - market
residential FAR (1.003:1), with 511 square feet of that total in non -unit space (prorated
circulation and non - exempt garage space). Therefore, of the total free - market residential
Floor Area, only 83% (less than 2,500sf) will be part of the apartment itself.
The maximum allowable multi- family dwelling unit size is 2,000 square feet of net
livable area. The applicant would like to increase the net livable area of the existing
residential unit to 2,259 square feet, which remains some 240sf below that allowed in this
zone district with the purchase of a TDR. Oddly, it is this appropriately sized unit that is
producing a residential FAR in excess of that typically allowed in the C -1 Zone District.
8. City Council Waiver of Any Elevator and/or Access Requirements
An elevator will add more height to the building and will take the project all the
way to the 40' limit that is allowed only with Commercial Design Review approval. As can
be seen on the attached plans, the building will be 40' on the alley side and approximately
39' on the Hyman Avenue side if an elevator is required. The elevator is shown on the
plans to illustrate a "worst case" scenario in the event that the Ordinance 48 negotiation
does not result in the requested waiver.
Stairs are currently required to access all levels of the building as the split -level
layout does not contain a true street -level floor. If accessibility requirements are not
waived and compliance cannot be met by changes to the rear of the building, the front
entrance may need to be modified. However, it is the applicant's hope that the front facade
of this building which is seeking Landmark designation and has never been accessible, will
not have to be modified.
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9. City Council Approval for Twelve (12) years of Vested Property Rights
Given the state of current economic times and the fact that Ordinance 48 is likely to
be repealed and replaced with new, as of yet undetermined regulations in the coming
years, the applicant seeks 12 years of vested property rights associated with the site specific
development plan approved pursuant to this application so as to ensure an adequate
degree of reliability on such approvals into the future. The community benefit of landmark
designation will immediately be realized by the City and will never expire; 12 years of
vested property rights in exchange is only reasonable. Further, this will enable phasing of
construction related impacts on the neighborhood by allowing the applicant the ability to
wait until the Crandall Building and the Aspen Art Museum projects have been completed.
Exhibits:
1. Land Use Application & Dimensional Requirements Forms
2. Proof of Ownership
3. Pre - application Conference Summary
4. Authorization Letter
5. Post WWII Modernism Context Paper
6. Mailing Addresses of Record for Property Owners' within a 300'
Radius
7. Fee Agreement
Attachments:
• Existing Conditions Survey
• Proposed Drawings and Elevations
29
;E$HIEIT
Original Note and Deed of Trust Returned to:610 EAST HYMAN LLC, 610 EAST HYMAN AVE. ASPER CO 81611 • • WHEN RECORDED RETURN TQ Customer at above address • �
R by: Mary Rena
R .
REQUEST FULL QC /PARTIAL ( )
RELEASE OF DEED OF TRUST AND RELEASE BY OWNER OF INDEBTEDNESS WIDIOUf PRODUCTION OF EVIDENCE
OP DEBT PURSUANT TO 1D83%i02 (1) AND (3). COLORADO REVISED STATUTES)
111NE 40 2009 Date
610 EA ST HYMAN. LLC Original Onntor (Borrower)
610 EAST HYMAN AVE ASPEN. CO 81611 [wand Address of Original Cnmor.
Assuming Party. or Current Owner
( ) Chock here if anent address is wknowm.
a • • BAN a to ADO - IONAL ASS a.. 1ATI a Original Benefeiary (Lender)
JANUARY 7. 1999 " Date of Deed ofTrust
JANUARY 25. 1999 Date ofReeording and/or Re-Recording of Deed of Tout
PITXIN County of1:cording . •
426913 • oPRecorded Deed ofTrlat
• Reception Nor Anikr Pour Na aed/a tic.* No/Pas No. • .
TO THE PUBLIC TRUSTEE OF PIT1CIN C9ray(Ile County of drPublic7ns= who is the appropriate grantee to whom the above Deed of Trust
should grant and 'interest in the popery desaibcd in the Deed of Trust.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE ABOVE - DESCRIBED DEED OF TRUST. The inddelednca seared by
The Deed of Tont has bean filly or partially paid adke the purpose of the Deed of Trust hes been My or pa :alb satisfied in regard to the property
encumbered by the Dad of Trost as described ,liemin atoa fa Meese or, in the event ofa prtid release. only that portion tithe real property described
es (IF NO LEGAL DESCRIPTION IS LISTED TBIS WILL BE DEEMED A FULL RELEASE)
' ' Pursuing 10 PS 102(3L Colorado Revised Surma In appedoftlabane % of Rdease diked *Crum the undersigned. a the owns of the evidmreordebt secured by
the Deed arm dmmbed above ore Trek Inwanm Company erhr¢Nrroman the release ofa Dad ofTrnan epos* 23539 -102 (3) 0. Caked* Reeked gottam
lien ef,he padunimr ablation orRedgnel evidence ofddt web pea Ramer %r Release. cedilla as %Maws:
• 1. The purpose of de Deed of Trust has been fully or partially satisfied.
2. The original evidence of debt is not bring exhibited or producedhenmeitb. •
3. It is one oft: following entities MuMeapplieebIcbock.
a. (X) The holder of the ariginl evidence of debt dint is a qualified holder, as specified in §3639 -I03(3) (1). CdrW& Revised Standen that ape
ear is obligated to iedenl , the Palk Time Relay rd all games, oast Imbmtie, and reamed* emery ran :mime ma moult 0tba
' lace aflba Pabae Tnots ham n accordance with Ws Repeat for Raps=
• b . ( ) The bolder of the avideem eta rNUmmg to release dance unrest withal/ pee ig or cduahin6 the edging evidawe ordebtdm Meat rode
nblk Two a Comeau Suety aced as smelled to gl W Alm (3) ro). Cob.do Revnd smnnec or
e. ( ) A elk hrwnee Cenpeay llama and gasafd k Colmdo, r specified in §3& 39402 (3)0. Celecdo Revised Dames. than agar that it is obligated to
indemnify the Publk Tuna foram aed an damages. coos. anbiaia and seaseneble anarney fees lowed as a rash of the sedan of the Pubic Three
taken Mementoes with this Rases 9e. asewx
Wells Fames Rank National Association tonged Wells Fargo Rank We NA. Comm yNorwest Bank Cnlondn N A
. 119 S M 1611
Name and Addle oft the Holder of the Evidence of Debt Secured by Deed of Trust (Imder)
Or none and address ofthe Title Insurance Company Authorised to Rye dm Release ofa Deed of 'Rua
Dan M a. ior Vice t Wells Fargo Rank 1195 Mill St Acorn CO 81611
Title . rats of a' •-.Agem Attorney .Agent, of the Hoidaofdie Evidence of Debt Scatted by Dad of Trust (Lender)
Lit
sea J . ` j 0T f 4. L sya m
State of Colorado. County of _f 4 •
E }.
The foregoing Request foe Release was acknnwtedged before me on y .
(date)by` "�V - / /'� eny hand and ooffieml sadl
A�7
H /'2 - r iPf ,
OFe,, 7 � JGY � z, J 2D /i Dab Commissiw Expves - •
Notary Public
RELEASE OF DEED OF TRUST
WHEREAS the above referonttd Cwuor(s)• by Dead of ilust conveyed certain red property deuribed an said Deed o&Trust to the Public Trustee
arise County referenced above. in En State of Colorado. 1* be held in trent° seearethe prima' eribe indebtedness referred to therein; and
WHEREAS the Indebtedness seed by the Dad o &Tmrt ben heal fully or partially paid and/or Om purpose of to Deed of Trust has been fully or
prdagy satisfied according to the written regain of the bolder of to evidence of debt or Tab harmer Company shored be rryuna the release of the
Geed of
NOW THEREFORE, In consideration of the Tanks ad the payment of the statutory sum. receipt of which is hereby rkrpdNged, 4 as the
. Public Trustee in the C o u n t y f a s t 'Sensed above, dohre y f u l l y and a b s o l u t e l y r e l e a s e . mutt! a n d f o r e v e r d i s c h a r g e the Deed of Trust or ... .... en of
the mai po sty c smled abcx the eD Deed ofTmt, together with all pmleges end apperkmvevs ereto belonging.
&tattedonS G-L301 CIJ ri T S �: • ��
8 Norma Avila N.
Deputy Public Tnatce ,...*•,,,,' wSPEN Fax,./ _ l ` 1 1 y
Pitkio County. Colorado .. • e p . , nA�
Notarization not required pa¢38.38.106 CRS r 'Me
cam: w . of E t /� Witness my hand and o c •
Dace Comm: j• .•iRS • . -'
i r e
ore IC O� `% Nmynu*
au
nrwat Pend Meet zN Meet .W
Caere enY pewee. 1 1 Vii.. • � Revhd stmt.* Dl M1ddlmn
.
2008 [PTA. All Rights reserve) 'vac - Rev. DUOS
RECEPTION#: 560371, 06130/2009 at
. • 11:56:48 AM,
t of i. R $6.00 Doc Code RLS DT
Janice K. Vos Caudill, Pitkin County, CO
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DEED a OFTRUST • 1 ' , R 7p, T
FF
GrantOr: 610 Let Eyma , LLO
/3 , N 3
L " 10 S C
610 Rost 799 Ace. C
aspen, CO 91611 U .1 .,
2. BemlIar$ 119 SOD 8914 COL09T➢D, 20.17.0)00. ASSOCTTtlON
119 60D 0 1 1 fl
ASP= SMUT= IDI, W 9611
3. Trwme: The Public Trustee for the Canny N which the property is located.
4. Pmpeky: The following land in9111m1 County. Coloodo
LOT by BtOCX 99, CTTY AW11Y1431S9 09 1,3289.
cOWT 07 914H1t, rare 01 OLORSDO •
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6. ObUgslbsst (A) An bdebudnon evidenced and created by the following descried promissory note (the
Note) payable to N9 order a Begt,y, and al renewals, efOenslmuand amendments
Nmeof and sutdIuIoos therefor.
• Date: - J,maaty 07, 1999
kna 9260,000.00 Plve Interest
MaartyDam: Tebroazy 014 1999 .
•
Maker (f other then Granter):
Cbarlaa L. c*. ti£a
(b) hale advances made by Benoit Diary on or bdoratl: maturity date a the Note plus
• Interest thereon pomaded any required nate of fighter rescind or cancel has been giver (o) all
expmlSMees nude or Incurred by bmwloisy puswm to the provisions of the Note end Ws deed et
trawl together Ni h Serest thereon
(d) other:
6 Cswbnalon • •
Mortgage: If checked here ( ) this deed &fist secures an indebtedness lot mnsmiabn
proposes as desalbed m CRS (1973) saabn49313
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THE GRANT. TERMS AND CONDITIONS ehlow AND ON THE REVERSE SIDE ARE AP ART OF 1143 DEED OF
1ROSTAND ARE HEREBY INCORPORATED INTO Ir,
DaC 3+naay OT, 1999 on was ammo. LT.t
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Marls° L. O®h££e forager
Abazt
fbdmm, Spouse ar Mow claimant of a fight with respect to the real properly described above )0am h graafng the Ilan
and waiver set forth In paragraph 13 d ttesdeed dtna, but does not assume any !sshak
mrl paynwd ofof NNoo
• 1r �)0�Iary0l �rr�a�aR11911rlr
'g 07, 1999 ' II��NWi119W1ulaltlltn11911111IM1
STATE OF COLOFtAW )
I 2 R 0.28 0 R 0.00 PRISM COUNTY CO
Ct n-Y OF PITKira )�
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EXHIBIT
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie DATE 09.21.10
PROJECT: 610 E. Hyman Avenue
REPRESENTATIVE: Charles Cunniffe Architects; Haas Land Planning
TYPE OF APPLICATION: Historic Designation and Ordinance #48 negotiation for preservation incentives
DESCRIPTION: The property is among those listed as "Potential Historic Resources," provided with
a level of protection under Ordinance #48, Series of 2007. Interior work is exempt
from Ordinance #48, however to proceed with any exterior alterations, the applicant
must either voluntarily participate in HPC review of the proposed project, or
participate in an advisory 90 day discussion of preservation options with HPC and
City Council.
The owner of 610 E. Hyman wishes to remodel the building to expand residential
living space. Historic Landmark designation will be offered voluntarily. Within
the Ordinance #48 negotiation process, the owner will request land use approvals
and incentives that facilitate the proposed expansion. During the pre - application
conference, it was suggested that the negotiation would include a request to
exempt the project from accessibility standards, due to the split level design of the
building. Planning staff does not believe that this type of exception can be
provided through the negotiation.
The process will begin with HPC review of the property's qualifications for
Ian mark designation. HPC will also conduct a Conceptual review of proposed
exterior alterations to the building. City Council will make the final determination
on designation and incentives.
If designation is completed, the applicant will return to HPC for Final design
review.
Land Use Code Section(s) that may be applicable: RECEIVED
26.304 Common Development Review Procedures
26.415.070 Development involving designated historic property n r T 0 2610
26.420 Development Benefits CITY :'F ASvEN
26.470 Growth Management COMMUNIT DEVELOPMENT
26.515 Off - street Parking
26.710.150 C -1 Zone District
Review by: Staff for complete application and GMQS exemptions
Referral agencies for technical considerations
Historic Preservation Commission (Designation, Design Review, Incentives)
Council (Designation, Incentives)
Public Hearing: Yes at HPC and Council.
Planning Fees: $2,940 Deposit for 12 hours of staff time (additional staff time required is billed at $245
per hour)
Referral Fees: None.
Total Deposit: $2,940
•
Total Number of Application Copies:
HPC: 12 Copies
P &Z: 12 Copies
Council: 12 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre - application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
8. Proof of ownership.
9. Existing and proposed site plan, landscaping plan, and parking plan.
10. Existing and proposed floor plans and elevation drawings that include proposed dimensional
requirements.
11. A site improvement survey that includes all existing natural and man-made site features.
12. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
13. A written description of proposed construction techniques to be used.
14. All other materials required pursuant to the specific submittal requirements.
15. List of adjacent property owners within 300' for public hearing. The GIS department can provide this
list on mailing labels for a small fee. 920.5453
16. Applications shall be provided in paper format (number of copies noted above) as well as the text only
on either of the following digital formats. Compact Disk (CD) preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
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.
EXHIBIT
1
City of Aspen
Community Development Dept.
130 S. Galena Street
Aspen, CO 81611
RE: 610 East Hyman Avenue (PID# 2737 - 182 -12 -004)
Historic Landmark Designation and Ordinance No. 48 Negotiation
To whom it may concern:
As owner of the above referenced property, I hereby authorize Haas Land
Planning, LLC (HLP) to act as my designated and authorized representative for
the preparation, submittal and processing of an application requesting Historic
Landmark Designation and Ordinance No. 48 Negotiation, as well as, any
subsequent applications or incidental approvals associated therewith. HLP is
also authorized to represent me in meetings with City staff, the Housing Board,
the Historic Preservation Commission, the Planning and Zoning Commission,
and the Aspen City Council.
Should you have any need to contact us during the course of your review, please
do so through Haas Land Planning, LLC, whose address and telephone number
are included in this letter.
Yours truly,
610 East Hyman LLC
by Charles Cunniffe
610 East Hyman Avenue
Aspen, CO 81611
(970) 925 -5590
• EXHIBIT
'.
mF ,
ASPEN'S 20 CENTURY ARCHITECTURE:
MODERNISM
The Modernist Movement
Modernism as a style of architecture describes the works that were produced
beginning in the 20 century as a result of a clear philosophical shift in design practices
and attitudes, and incredible changes in building technology. The roots of this style can
be attributed in great part to the Industrial Revolution, which led to dramatic social
changes, and an inclination to react against all that had come before. In addition there
was a new abundance of raw materials, including bricks, timber, and glass; and stronger
materials, particularly metals, which allowed structural innovations.
Initially, the modern technologies were employed in ways that reflected much of
the preference for decoration and organic design that had preceded the 20 century, for
instance in the Arts and Crafts Style of the 1920's and the influential designs of Frank
Lloyd Wright. As the century progressed, however, the demands of the automobile, and
the need for buildings to serve uses previously unknown, such as airports, led to the
search for a new architectural vocabulary. The streamlined and austere became more
relevant. "Functionalism" and "Rationalism" were terms used to describe architectural
philosophies related to this period. "Modern building codes had replaced rules of
thumb." I
"Architecture was seen primarily as volume and not mass. So the stress was on the
continuous, unmodulated wall surface- long ribbon windows without frames, cut right
into the wall plane, horizontally or vertically disposed; flush joints; flat roofs. Corners
were not made prominent. Technically, the argument went, materials like steel and
reinforced concrete had rendered conventional construction- and with it cornices, pitched
roofs, and emphatic corners - obsolete. There would be no applied ornament anywhere,
inside or out...A house was a machine made for living Le Corbusier provocatively
declared in 1923 in his Towards a New Architecture, which has proved the most
influential book on architecture in this (the 20 century.s
Modernism in Aspen
,
The period between the Silver Crash in 1893 and the end of —., i
World War II saw little new construction in Aspen. This changed D
when interest began to grow in developing a major ski resort, and ,, §,R
when Walter Paepcke envisioned the town as the ideal setting for a i d ,I, K .
community of intellect, cultural institutions, and pristine natural •,f
environment. As a result of this renaissance taking place, many
Walter Paencke
1 Robert Frankeberger, and James Garrison, "From Rustic Romanticism to Modernism, and Beyond:
Architectural Resources in the National Parks," Forum Joumal. The Journal of the National Trust for
Historic Preservation Summer 2002, p. 16.
2 Spiro Kostof, A History of Architecture: Settings and Rituals, (New York:Oxford University Press, 1985),
p. 701.
important architects were drawn to live and work here and left an imprint of the
philosophies of the modernist period on the town. The two masters who had the largest
influence on Aspen, Fritz Benedict and Herbert Bayer, are discussed at length in this
paper, along with a number of others who completed notable works here.
FRITZ BENEDICT
Frederic "Fritz" Benedict (b. 1914- Medford, Wisconsin, �^
d. 1995- Aspen, Colorado) was the first trained architect to arrive
in Aspen at the end of World War II. Benedict had earned a
Bachelor's Degree and Master's Degree in Landscape
Architecture at the University of Wisconsin before being invited
to Frank Lloyd Wright's school, Taliesen, in Spring Green,
Wisconsin in 1938. Initially, Benedict's role at Taliesen was as
head gardener, but his interest in Wright's philosophy of the
integration of architecture and landscape led him to study design 4 "
at both Taliesen and Taliesen West in Phoenix, Arizona for the
next three years.
Fritz Benedict
Benedict, an avid skier, first visited Aspen as a participant in the National Skiing
Championships held here in 1941, apparently told of the charms of the town by Frank
Mechau, an artist whom he met at Taliesen and who resided in Redstone, Colorado. In
1942, Benedict was drafted to serve with the 10 Mountain Division troops, an elite
group of skiers who trained at Camp Hale, north of Leadville, Colorado. On weekends,
the soldiers would often travel to Aspen for recreational skiing.
Benedict saw active duty in Italy and served with the 10 Mountain Division until
the end of the war in 1945. He returned to Aspen and purchased a ranch at the top of Red
Mountain, focusing on operating the property as his livelihood for some time. According
to Benedict, "The place (Aspen) was so dead and was starting to be a resort so slowly that
there wasn't much to do in the way of design.s
This situation changed for good after 1946, when noted artist Herbert Bayer
arrived in Aspen with Walter Paepcke, and the duo's plans for the town brought more
people and a new period of construction. Through Herbert Bayer, Fritz met his future
wife, Fabienne, the sister of Bayer's wife Joella. Fabi persuaded Fritz to quit ranching
and pursue architecture, which he did after being awarded a license under a grandfather
clause that allowed architects to be licensed based on experience, rather than on testing.
Benedict was known for setting buildings into the landscape in an unobtrusive and
harmonious way, clearly derived from his landscape architecture education and the
influence of Frank Lloyd Wright. He placed a high priority on creating an intimate
relationship between a house and its garden. Benedict was a pioneer of passive solar and
3 Adele Dusenbury, "When the Architect Arrived After the War," The Aspen Times July 31, 1975,
p. 1 -B.
earth shelter design. He experimented with car -free village design, sod roofed structures,
and solar buildings. His master work, the
Edmundson Waterfall house, which was,
strongly related to Frank Lloyd Wright's 1 4"4,
Fallingwater, exhibited many of these qualities
and all of the central characteristics of
Wrightian design, including a low pitched roof, `s
strong horizontal emphasis of the structure, and
the use of mitred windows at building corners.
The most important of Benedict's works may
best be defined by the examples that clearly
represent Wrightian ideas, or where innovation
was key. Waterfall House, on Castle Creek
Road, Pitkin County,1960
Benedict's earliest projects in Aspen were - .: >- -- • _
residences. In collaboration with his brother -in- ` t
law, Herbert Bayer, he also helped to design the
buildings of the Aspen Institute, the intellectual -�
center of Paepcke's facilities. Other known works
by Benedict include the cabin at 835 W. Main _
Street (1947), the John P. Marquand studio on Lake - •
Avenue (1950, since demolished), the Copper
Kettle (1954, 845 Meadows Road), Bank of Aspen I ,
(1956, 119 S. Mill Street), 625 and 615 Gillespie
_.
Avenue (1957), the original Pitkin County Library - —
(1960, 120 E. Main Street), the Aspen Alps (1963, 835 W. Main Street. 1947
777 the Avenue - the first luxury condominiums in
the Rocky Mountains), the Bidwell Building, (1965, 434 E. Cooper Avenue), Aspen
Square (1969, 617 E. Cooper Avenue), The Gant (1972, 610 S. West End Street), the
Benedict Building (1976, 1280 the Avenue), the Aspen Club Townhouses (1976, Crystal
Lake Road), and Pitkin County Bank (1978, 534 E. Hyman Avenue) In total, Benedict
designed and renovated over 200 homes and buildings in Aspen and Snowmass.
}
('
1 : 'a
1 .
434 E. Cooper Avenue, 1965 The Copper Kettle, 1954
4 Mary Eshbaugh Hayes. Dedication plaque on "The Benedict Suite," Little Nell Hotel, Aspen, Colorado.
Benedict's works in Pitkin County, outside of Aspen's city limits, include two personal
residences, the Waterfall house (1960, since demolished), the Aspen Music School
campus, and the Aspen Highlands base lodge (since demolished). Benedict also did the
master plan for Snowmass (1967), Vail (1962) and Breckenridge (1971.)
Fritz Benedict was inducted into the College of Fellows of the American Institute
of Architects in 1985, by election of his peers. This is a lifetime honor bestowed on
registered architects who have made outstanding contributions to the profession, and only
5% of the profession receive this honor. The nomination submitted stated that "Frederic
`Fritz' Benedict left a legendary influence on design and construction in the Rocky
Mountain West...(creating) classics of the mountain vernacular." He was given the
Greg Mace Award in 1987 for epitomizing the spirit of the Aspen community, was
inducted into the Aspen Hall of Fame in 1988 and the Colorado Ski Hall of Fame in
1995, and was given the "Welton Anderson" award for his contribution to Aspen's built
environment by the Aspen Historic Preservation Commission in 1993. In all cases
Benedict was recognized for being a pioneer of Aspen's rebirth as a resort community.
Many quotes from his memorial service in 1995 attest to the community's respect for his
role in Aspen's history. Bob Maynard, former president of the Aspen Skiing Company
stated "Aspen was fortunate fifty years ago to be wakened from her sleep by visionaries.
The trio of Benedict, Bayer, and Paepcke combined dreams and hope and reality uniquely
to restore a community ravaged by mining, trapped in poverty- yet willing to follow the
dreamers. " Similarly, the Aspen Times stated at his death, "Along with the late Walter
and Elizabeth Paepcke and his Bauhaus trained brother -in -law Herbert Bayer, all of
whom came to Aspen with a rare vision in the traumatic wake of World War II, Benedict
was one of the fathers of modern Aspen, a man whose architecture not only helped shape
the city aesthetic, but whose personal commitment to the original dream of a special
`Aspen Ideal' made him the guarantor of the city's very soul."' Local resident and fellow
student of Taliesen, Charles Paterson stated, "Whatever he was building was one jump
ahead.. "
Aside from his architectural contributions, Benedict influenced the Aspen
environment in several other ways. Benedict and his wife donated more than 250 acres
of land within Pitkin County for open space. He was the father of the 10 Mountain Hut
system (established in 1980), and served as the first chairman of Aspen's Planning and
Zoning Commission, developing height and density controls for the City, open space
preservation, a City parks system, a sign code, and a ban on billboards. He played a
significant role in the founding of the Aspen Institute, and the International Design
Conference. He served on the board of the Music Associates of Aspen for 35 years.
5 Joanne Dinner, The Denver Post, as reprinted in the program for the Fritz Benedict Memorial Service.
6 Robert A. Maynard, Remarks given at Fritz Benedict's Memorial Service.
Mary Eshbaugh Hayes, "Fritz Benedict, 1914-1995: The Passing of a Local Legend," The Aspen Times
July 15 and 16, 1995, cover page.
8 Charles Paterson, Remarks given at Fritz Benedict's Memorial Service.
HERBERT BAYER
Herbert Bayer (b. 1900- Austria, d. 1985- Santa Barbara, California) was an artist
of many disciplines. He apprenticed with architects in his native country Austria, and in
Germany, starting at the age of 18. In 1921 he entered the most reknowned art and
design school of the 20 century, the Bauhaus in Weimar, Germany.
The Bauhaus, which existed from 1919 to
I -: Or ` • 1933, was begun in a spirit of social reform and
'r'" , represented a rejection of many design ideas that
4 preceded it. "From skyscrapers to doorknobs,
modem design was born, really, at the Bauhaus. The
4,41/4, ideas of the Bauhaus shaped whole cities, changed
architecture, modified the nature of furniture design
and transformed the essential implements of daily
I life." 9 Bayer was named the head of the typography
Herbert Bayer workshop at the Bauhaus in 1925 and was ultimately
one of three masters named by director Walter
Gropius, the other two masters being the gifted Josef
Albers and Marcel Breuer. In 1928, Bayer left the school and established his own studio
in Berlin, then becoming the art director for Vogue magazine.
As Nazism gained strength in Germany, Bayer fled the country and immigrated to
New York City in 1938. There, he had his first show with the Museum of Modern Art,
and began to work as art director for corporations and ad agencies. By 1946, all of his
work was for Walter Paepcke at the Container Corporation of America and Robert O.
Anderson at the Atlantic Richfield Corporation, both of whom had an interest in Aspen
and the establishment of the Aspen Institute.
Walter Paepcke brought Herbert Bayer to Aspen in 1946 to serve as the design
consultant for the Institute, a role in which he served until 1976. Bayer was offered the
chance to design a planned environment, where the goal was total visual integration.
On April 1, 1960, Bayer received a
license to practice architecture in Colorado,
— _ without examination. He had no formal training
- in the discipline, so he generally worked
in association with another firm, particularly
with Fritz Benedict. The Sundeck on Aspen
Mountain (1946, since demolished) was the first
►F = - of his designs that was ever built. At the
Institute, Bayer designed the Seminar Building
The Sundeck. 1946 and it's sgraffito mural (1952, the first building
on the grounds), Aspen Meadows Guest Chalets (1954, since demolished and
9 Beth Dunlop, `Bauhaus' Influence Exceeds It's Life," The Denver Post April 20, 1986.
reconstructed), Central Building (1954), the t
Health Center (1955), Grass Mound (1955,
which pre -dates the "earthwork" movement
in landscape design by 10 years and was one
of the first
environmental sculptures in the country), the
Marble Sculpture Garden (1955), Walter
Paepcke Memorial Building (1962), the
Institute for Theoretical Physics Building
(1962, since demolished), Concert Tent Aspen Institute Seminar Building, 1952
(1964, removed in 2000), and Anderson
Park (c. 19700 Bayer also led the design for the
rehabilitation of the Wheeler Opera House ' '
°"
1 _ . n
(1950- 1960), designed two personal residences
on Red Mountain (1950 and 1959), and other L _,"
homes in Aspen, including those still in
existence at 240 Lake Avenue (1957) and 311
North Street (1963).
Aspen Meadows Health Center, 1955
• The period during which most of
Bayer's architecture was designed is confined
to 1946 -1965. Important characteristics of his
buildings were simplicity and the use of basic
geometrical shapes and pared down forms. He
was heavily influenced by Bauhaus and
The Marble Sculpture Garden. 1955 International Style principles. Color was an
important component to some of his work, and
he often used primary red, blue and yellow graphics.
�1 Bayer believed in the concept of designing the total
j J 1 human environment and that art should be incorporated into
tfli
• all areas of life. He drew logos and posters for the Aspen
' Skiing Company, and even designed signs for small Aspen
businesses. He provided the paint color schemes for certain
Victorians that Paepcke's Aspen Company decided should
be saved in the 1940's. A strong blue color, known locally
as "Bayer Blue" was one of his selections and can still be
seen on the former Elli's building (101 S. Mill) and other
locations in town. His choice of a bright pink for Pioneer
Bayer paint scheme Park (442 W. Bleeker) and a bold paint scheme that once
existed on the Hotel Jerome will also be remembered.
Bayer spent 28 years living in Aspen and was one of the first artists to make his
home here. A Rocky Mountain News article from 1955 stated "Even in competition with
millionaire tycoons, best - selling novelists, and top - ranking musicians, Herbert Bayer is
Aspen's most world - famous resident " During his years in Aspen, he resided at times at
234 W. Francis, a Victorian home in the West End, in an apartment in a downtown
commercial building, 501 E. Cooper Avenue, and in his home on Red Mountain. Bayer
moved to Santa Barbara for health reasons in 1975 and died there ten years later, the last
surviving Bauhaus master.
Notable among Bayer's many achievements include his credits in ,p 0
typography. He designed the "universal" type font in 1925 and was
credited with "liberating typography and design in advertising and
creating the very look of advertising we take for granted today.s Much
of modern print design reflects his ideas. He was the inventor of _ -- j
photomontage. Bayer created the "World Geo- Graphic Atlas" in 1953, .
which was described as one of the most beautiful books ever printed in - J
this country by the Atlantic Monthly and the greatest world atlas ever Poster. 1946
made in the United States by Publisher's Weekly.
Bayer created the famed "Great Ideas of Western Man" advertisement series for
the Container Corporation of America and had more than 50 one -man exhibitions of his
artistic works. His paintings are represented in the collections of at least 40 museums.
He spent six decades of his life working as a painter, photographer, typographer,
architect, sculptor, designer of graphics, exhibitions, and landscapes. His last work was
the 85 foot tall, yellow articulated wall sculpture at the Denver Design Center, which can
be viewed from I -25, near Broadway in Denver.
Bayer founded the International Design Conference in Aspen in 1950 and was
named a Trustee of the Aspen Institute for Humanistic Studies in 1953. He was the Chair
of the City and County Zoning Committee for five years and was very concerned with the
issues of sprawl. Bayer promoted increased density in town, put the original tree
protection ordinance in place, and helped institute the ban on billboards.
ARCHITECTS OF NOTE
Charles Paterson was born Karl Schanzer in Austria in 1929. His mother died in
his youth, and his father fled Austria, taking Charles and his sister when Hitler invaded in
1938. They traveled first to Czechoslovakia and then to France. Once there it was
decided that the only way to get the two children out of Europe entirely was to allow
° Robert L. Perkin, "Aspen Reborn: Herbert Bayer Changing the Town's Face," The Rocky Mountain
News September 27, 1955.
" Joanne Ditmer, "Schlosser Gallery Host to Major Bayer Show /Sale," The Denver Post October 1, 1997,
p. 100.
them to be adopted by a family in Australia, whom Mr. Schanzer knew through business
connections. Relocated to that country in 1940, the children took on the family's name;
Paterson. Their father fought in the war and was eventually reunited with his children in
New York City, after they immigrated.
In New York City, Charles "Charlie" Paterson started engineering school, but he
had an interest in skiing and was disappointed with the conditions in the area. He moved
west in 1949, stopping in Denver. There, he worked for the Denver and Rio Grande
Railroad and skied on weekends. On one ski trip, Paterson met someone who had been to
Aspen, and decided to hitchhike there a week later. After fmding a job as a bellhop at the
Hotel Jerome, he decided to stay.
Within a month of his arrival in Aspen, Charlie Paterson bought three lots on
West Hopkins Avenue, shortly followed by another three that comprised a full half a
block between Fifth and Sixth Streets. There he built a one -room cabin in 1949 out of
leftover lumber.
Paterson returned to New York from 1950 -1951 to continue his studies, then
moved back to Aspen and began expanding the cabin. In 1952, he leased a Victorian
house that had been operating under the name "Holiday House," and his father came to
town to help out. This experience got Paterson interested in running his own lodge, and
led to more construction on the Hopkins Avenue property. In 1956, he added three units
and opened the Boomerang. Convinced by Fritz Benedict to study architecture, Paterson
left again to spend three years at Taliesen East in Wisconsin, under Frank Lloyd Wright's
instruction, during which time he drew some of the plans for the Boomerang Lodge as it
is known today.
The lodge's lounge, 12 more rooms, and a pool were added in 1960. The noted
underwater window, which allows guests in the lounge to look into the pool, was featured
in Life Magazine in the 1960's. In 1965 and 1970 other expansions took place on the
property.
Although Paterson has designed relatively
few buildings, among them his own business,
structures at the Christiania Lodge, and a residence
in Basalt, the Boomerang is his master work,
exhibiting strong influences of Wrightian
architecture. Paterson designed, helped to build,
and fmanced the structure, and is still its host and
manager today. It has been described as
"...timeless, ageless" and "...almost futuristic: ,12
Boomerang Lodge Other contributions to local organizations
made by Paterson include being a member of the
12 Scott Dial, "The Boomerang Lodge: The Lodge That Charlie Built, and Built, and Built," Destination
Magazine.
Board of the Music Associates of Aspen for 20 years, Chairman of the Aspen Hall of
Fame for 2 years and of the Aspen Board of Adjustment for 20 years and counting. He
has also served on the Aspen Chamber Resort Association Board of Directors. Paterson
worked for the Aspen Skiing Company as an instructor from 1952 to 1969.
Eleanor "Ellie" Brickham graduated from the University of Colorado's School
of Architecture. Construction was a family business, so Brickham's motivation to be a
designer began as a child. She moved to Aspen in 1951, attracted by the skiing, but once
there, found herself the only female architect in town.
Early in her career, Brickham worked in Fritz Benedict's office and collaborated
on projects with both Benedict and Bayer, participating in the work going on at the Aspen
Institute. During her time in that office, and later
with her own firm, she designed a number of
residences and commercial structures in town, ,1-
including houses for several Music Festival artists ' = 3 -
in Aspen Grove, the Strandberg Residence (1973, ; k
433 W. Bleeker Street), and the Patricia Moore
Building (1969, 610 E. Hyman Avenue.) Within
Pitkin County, Brickham designed numerous : _ __
homes in Starwood, on Red Mountain, and in
Pitkin Green. Her works total at least 50 -
buildings in the Aspen area. 433 W. Bleeker Street, 1973
Bricicham's designs have been characterized by spare, simple forms and detailing,
and she has an interest in passive solar techniques. Still practicing today, Brickham's
projects focus on an "impeccable sense of proportion and feeling of lightness. "
Victor Lundy designed a second home for _ -
his family in Aspen, which they have occupied at "' - -
300 Lake Avenue since 1972. Like Benedict, ' P -
Lundy is a Fellow in the American Institute of
Architects. He received his degree in architecture
from Harvard, studying with former Bauhaus .a �s
director Walter Gropius and Bauhaus master Marcel
Breuer and was later awarded two prestigious
traveling scholarships by the Boston Society of
Architects and Harvard University. -
300 Lake Avenue. 1972
Lundy has been in practice, most recently in Texas, since 1951 and has designed
many notable government, commercial, office, and educational buildings throughout the
world. He has received a Federal Design Achievement award, the highest honor in
design given by the National Endowment for the Arts.
13 Bill Rollins, 'Brickham: Simplicity, Lightness, and a Sense of Proportion," The Aspen Times.
Robin Molny (b.1928- Cleveland, d. 1997- Aspen) apprenticed at Taliesen in the
1950's. In Aspen, he served on the Planning and Zoning Commission and was the
designer of Aspen's downtown pedestrian malls. He also designed several notable
commercial buildings, including the Hearthstone House (1967, 134 E. Hyman Avenue)
and the 720 E. Hyman Avenue building (1976) along with area residences. .
Well known architect Harry Weese also "4 " "
contributed a building to Aspen in the Given Institute
(1973, 100 E. Francis Street). Weese, of Harry Weese
and Associates, Chicago, was an internationally known
architect responsible for a number of significant projects
throughout the United States, including major historic
preservation projects in the Chicago area, and the design
of the Washington, D.C. subway system. A graduate of
MIT, he studied with famed architect Eliel Saarinen at
Cranbrook Academy in Michigan, and then joined 100 E. Francis Street 1973
Skidmore, Owing, and Merrill for a short time. In 1947 he opened his own office.
Weese was recruited by the Paepcke's, who donated the land where the Given is located,
to design the building.
Eligibility Considerations
There are specific physical features that a property must possess in order for it to
reflect the significance of the historic context. Aspen's examples of modemist buildings
should exhibit the following distinctive characteristics if influenced by Wrightian design
principles:
• Low horizontal proportions, flat roofs or low pitched hip roofs.
• Deep roof overhangs create broad shadow lines across the facade. Glazing is usually
concentrated in these areas.
• Horizontal emphasis on the composition of the wall planes accentuates the floating
effect of the roof form.
• Materials are usually natural and hand worked; such as rough sawn wood timbers and
brick. Brick is generally used as a base material, wall infill or in an anchoring
fireplace element. Wood structural systems tend more toward heavy timber or post
and beam than typical stud framing.
• Structural members and construction methods are usually expressed in the building.
For example; Load- bearing columns may be expressed inside and out, the wall plane is
then created by an inflll of glass or brick.
• Roof structure is often expressed below the roof sheathing
• Glass is used as an infill material which expresses a void or a structural system; or it is
used to accentuate the surface of a wall through pattern or repetition.
• There is typically no trim which isolates the glazing from the wall plane. Window
openings are trimmed out to match adjacent structural members in a wood context.
Brick openings tend to be deeply set with no trim other than the brick return.
• Structures are related to the environment through battered foundation walls,
cantilevered floors and/or porches, clear areas of glazing which create visual
connections to the outside and the inside, and the effect of the roof plane hovering
over the ground.
• Decoration comes out of the detailing of the primary materials and the construction
techniques. No applied decorative elements are used.
• Color is usually related to the natural colors of materials for the majority of the
structure; natural brick, dark stained wood, and white stucco. Accent colors are used
minimally, and to accentuate the horizontal lines of the structure.
Aspen's examples of modernist buildings should exhibit the following distinctive
characteristics if influenced by Bauhaus or International Style design principles:
• Simple geometric forms, both in plan and elevation
• Flat roofs, usually single story, otherwise proportions are long and low, horizontal
lines are emphasized.
• Asymmetrical arrangement of elements.
• Windows are treated as slots in the wall surface, either vertically or horizontally.
Window divisions were made based on the expression of the overall idea of the
building.
• Detailing is reduced to composition of elements instead of decorative effects. No
decorative elements are used.
• Design is focused on rationality, reduction, and composition. It is meant to separate
itself from style and sentimentality.
• Materials are generally manufactured and standardized. The "hand" is removed from
the visual outcome of construction. Surfaces are smooth with minimal or no detail at
window jambs, grade, and at the roof edge.
• Entry is generally marked by a void in the wall, a cantilever screen element, or other
architectural clue that directs the person into the composition.
• Buildings are connected to nature through the use of courtyards, wall elements that
extend into the landscape, and areas of glazing that allow a visual connection to the
natural environment. This style relies on the contrast between the machine made
structure and the natural landscape to heighten the experience of both elements.
• Schemes are monochromatic, using neutral colors, generally grays. Secondary color
is used to reinforce a formal idea. In this case color, or lack there of, is significant to
the reading of the architectural idea.
Although modernism has likely changed the course of architecture forever, it is
possible to set a date when the style in its purest form began to wane: around the mid
1960's nationally, and into the early 1970's in Aspen. At this point, there was a growing
unease with some ways the Modern Movement had reshaped cities and resulted in
"towers and slab blocks " followed by a move away from the design principals that had
guided the mid - century. The period of historic significance for buildings of this style in
14 Kostof, p. 743.
Aspen, a term used to define the time span during which the style gained architectural,
historical, or geographical importance, is 1945 until approximately 1975.
Aspen has been fortunate to have drawn the talents of the great minds in many
professional fields since the end of World War II. The architects described above had
made important contributions to Aspen's built environment that continue to influence its
character today. While there are numerous towns in Colorado that have retained some of
the character of their 19 century mining heritage, few or none are also enriched by such
an excellent collection of modernist buildings as exist here.
Bibliography
Chanzit, Gwen F. "Herbert Bayer and Aspen," Exhibition Notes, Adelson
Gallery/Paepcke Building, Aspen Institute, Aspen, Colorado, December 1999 -
December 2000.
Cohen, Arthur Allen. Herbert Bayer- Limited Edition: The Complete Works. MIT Press,
1984.
Dial, Scott. "The Boomerang Lodge: The Lodge that Charlie Built, and Built, and Built,"
Destination Magazine.
Ditmer, Joanne. "Schlosser Gallery Host to Major Bayer Show /Sale." The Denver Post.
October 1, 1997.
Dunlop, Beth. "Bauhaus' Influence Exceeds Its Life," The Denver Post April 20, 1986.
Dusenbury, Adele. "When the Architect Arrived After the War," The Aspen Times July
31, 1975.
Frankeberger, Robert and James Garrison. "From Rustic Romanticism to Modernism,
and Beyond: Architectural Resources in the National Parks," Forum Journal, The
Journal of the National Trust for Historic Preservation Summer 2002.
"Fritz Benedict." Retrieved from http:// www. vailsoft.com/museum/index.html, the
Colorado Ski Museum and Ski Hall of Fame website.
"Fritz Benedict Honored by Peer Group of Architects." The Aspen Times June 20, 1985.
Fritz Benedict Memorial Service Program, July 25, 1995.
"Harry (Mohr) Weese." Retrieved from www.artnet.com.
Hayes, Mary Eshbaugh. `Bendict's House in the Hill," The Aspen Times March 11,
1982.
Hayes, Mary Eshbaugh. Dedication plaque on "The Benedict Suite," Little Nell Hotel,
Aspen, Colorado.
Hayes, Mary Eshbaugh. "Fritz Benedict, 1914 -1995, The Passing of a Local Legend,"
The Aspen Times July 15 and 16, 1995.
Kostof, Spiro. A History of Architecture: Settings and Rituals. New York: Oxford
University Press, 1985.
Laverty, Rob. "50 Years of Benedict: A Forefather of Modem Aspen Looks At What Has
Been Wrought," High Country Real Estate, Aspen Daily News February 6 -12, 1999.
"Noted Designer Herbert Bayer Dies." The Aspen Times October 3, 1985.
Perkin, Robert L. "Aspen Reborn: Herbert Bayer Changing the Town's Face," Rocks/
Mountain News September 27, 1955.
Rollins, Bill. "Brickham: Simplicity, Lightness, and a Sense of Proportion," The Aspen
Times December 22, 1977.
"Transitions: Robin Molny Changed Aspen- and Made His Friends Laugh," Aspen
Times, January 10 -11, 1998.
Urquhart, Janet. "History Richochets Through the Boomerang," The Aspen Times
November 16 and 17 1996.
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SEARCY, AK 72145 -1406 620 E HYMAN AVE #1 E
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GORGE MICHAEL D & WENDY S GREENWAY COMPANY INC GROSFELD ASPEN PROPERTIES
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500 STANTON CHRISTIANA RD C/O PITKIN COUNTY TITLE 205 S MILL ST #301A
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JS COOPER STREET LLC 33.34% LAZY J RANCH LLC LCT LP
0/0 KATIE REED MGNT 0/0 W R WALTON TENNESSEE LIMITED PARTNERSHIP
418 E COOPER AVE 3809 SE 2ND PL PO BOX 101444
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514 E HYMAN AVE 29 MIDDLE HEAD RD 9610 SYMPHONY MEADOW LN
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601 E HYMAN AVE 501 S FAIRFAX PO BOX 514
ASPEN, CO 81611 ALEXANDRIA, VA 22314 GWYNEDD VALLEY, PA 19437
OLITSKY TAMAR G & STEPHEN L P & L PROPERTIES LLC PITKIN CENTER CONDO OWNERS
2127 HAINES WY 101 SOUTH 3RD ST #360 ASSOC
LANSDALE, PA 19446 GRAND JUNCTION, CO 81501 517 W NORTH ST
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EXHIBIT
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT a
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and 610 East Hyman LLC, c/o Charles Cunniffe
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for Historic Landmark
Designation, and Ordinance No. 48 Negotiation for the property located at 610 East Hyman
Avenue, Aspen (PID# 2737 - 182 -12 -004) (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $ 2,940 which is for 12 hours of Community Development staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY
to reimburse the CITY for the processing of the application mentioned above, including post approval
review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall
be grounds for suspension of processing, and in no case will building permits be issued until all costs
associated with case processing have been paid.
CITY OF ASPEN APPLICCAANT
By: . B
Chris Hendon 610 East Hyman LLC
Community Development Director by Charles Cunniffe
Date: C i -2$'10
Billing Address and Telephone Number:
610 East Hyman Avenue
Aspen, CO 81611
(970) 925-5590