HomeMy WebLinkAboutcoa.lu.gm.Collins Block GMQS.19A-89.70A-89ColIL.ns Block GMQS Exemption
2737-073-39-001&004
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL
Name:
Address
Phone:
Project:
Check # Date:
Additional billing: #of Hours:
10 0
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3/23/89
DATE COMPLETE:
PARCEL ID AND CASE NO.
2737-073-39-001
2737-073-39-004 19A-89
STAFF MEMBER:
PROJECT NAME: Collins Block GMOS Exemption
Project Address: 204 S. Mill Street
Legal Address: Lots A, B and C. Block 88
APPLICANT: Harley Baldwin
Applicant Address: 205 S. Galena, Aspen, CO
REPRESENTATIVE: Andv Hecht. Garfield & Hecht & Wavne Poulsen
Representative Address/Phone: 601 E. Hyman 0-1800
Aspen, CO
5-1936
-------------------------------------------------------------
--------------------------------------------------------------
PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP:
P&Z Meeting Date
CC Meeting Date
2 STEP:
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFLS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
✓' Building Inspector
Roaring Fork
Energy Center
INITIALS:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
FINAL ROUTING: DATE ROUTED: ? � ) INITIAL:_
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION: -i C'
/h i 4 o-, 4p - �0
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
March 29, 1989
Andy Hecht
Garfield & Hecht
601 E. Hyman Avenue
Aspen, Colorado 81611
RE: Collins Block GMQS Exemption
Dear Mr. Hecht,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is not complete. We are unable
to schedule it for review at this time.
The following is a list of the items needed to complete the
application:
1. Pursuant to Section 8-105 F of the Aspen Land Use
Regulations, submission of the application must be
preceded by approval by the Historic Preservation
Committee of a Conceptual Development Plan.
2. The application must be specific in addressing the GMQS
Exemption standards for Historic Landmarks, i.e. the
housing solution must specify the number of employees
generated, the percent to be housed, the form of
housing (cash -in -lieu, units, etc.) and its location,
as applicable. The parking solution must be equally
specific.
3. A detailed site plan must be submitted.
Five complete copies of the application will be needed to refer
the application to the appropriate agencies. You need not
include any extra copies of the ownership information which you
have already given us.
If you have any questions, please call, Roxanne Eflin, the
Planner assigned to this case. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
• 0
MESSAGE DISPLAY
TO Debbie Skehan CC Roxanne Eflin
From: Alan Richman
Postmark: Mar 29,89 11:50 AM
Subject: Incomplete application
Message:
We need to send a letter to Harley telling him his application is
incomplete for the following reasons:
1. He does not yet have conceptual approval from HPC. His GMQS
exemption must reflect an approved conceptual plan.
2. He must be specific in addressing the GMQS exemption standards.
His housing solution must specify # of employees generated, % to be
housed, form of housing (cash, units, etc.) and location, as
applicable. His parking solution must be equally specific. We also
need to see a detailed site plan.
0
ATNiaNEW 1 (>1 '73 7—d`7 3— 3q-. pc /
*AND USE APPLIaMON FOM D d T
1) Project Name Collins Block
2) Project 7n.cation 204 S. Mill Street
Aspen, CO 81611 (legal attached)
(indicate sheet address, lot & block mmiber, legal description wt-h--m
appropriate)
3) Present Zoning CC 4) Lot Size 7,200 sf
5) Applicant's Name, Addy -ems & Phone # Harley Baldwin
205 S. Galena, Aspen, CO 81611 (303) 920-1800
6) Representative's Name, Address & Phone # Andy Hecht, Garfield & Hecht,
601 E. Hyman, Aspen, CO (303) 925-1936/'Wayne Poulsen, c/o The Brand, 205 S. Galena
Aspen, CO 8 611 303 920-1800
7) lype of Application (please check all that apply):
Conditional Use
Special Review
8040 Gr+eenline
Stream Margin
Mountain View Plane
condcminiu ination
Lnt Split/Lot Line
Adjustment
Conoeptval. SPA
Final SPA
Oonoeptual PUD
Final. PUD
Subdivision
Ttxt/Map Amendment
Conceptual historic Dev.
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
historic Designation
CAS Allotment
8) Description of Existing irng Uses (number and type of existing structures;
approximate sq. ft. ; number of bedrooms; any previous approvals granted to the
property).
1st floor commercial - existing sf - 5671
2nd floor residential- existing sf - 4595
Existing total square footage - 10,994 1� rl 7
9) Description of Development Application
Addition of 212 sf commercial to first level
Addition of 2000 sf of residential on new third level, and conversion of
340 SF on 1st level to residential access circulation
10) Ilave you attached the following?
x Response to Attachment 2, Minimum Submission Contents
x Response to Attachment 3, Specific Submission Contents
x Response to Attachment 4, Review Standards for Your Application
March 23, 1989
Roxanne Ef 1 in
Planning Department
City of Aspen
130 S. Galena
Aspen, CO 81611
RE: 204 S. Mill Street
Aspen, CO 81611
Dear Roxanne:
My representatives on the above referenced project are:
Andy Hecht
Garfield & Hecht
601 E. Hyman
Aspen, CO 8161 1
(303)925-1936
Wayne Poulsen
c/o The Brand
205 S. Galena
Aspen, CO 81611
(303)920-1800
(303) 925-8466
Sincerely,
Harley Baldwin
205 S. Galena
Aspen, CO 81611
(303)920-1800
Attach. I: Vicinity map
Attach 11 ►_opal description
The Brand Building 205 S. Galena Street Aspen Colorado 81611 303 925 2209
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CITY OF ASPEN 6
MEMO FROM ALAN RICHMAN
A.
0
The north 80 feet of Lots A. B and C, Block 88, City and Townsite of Aspen
(excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in
Book 287 at Page 425 of Pitkin County Records).
And a Parcel Described as:
Beginning at Corner No. 1 which is the Southeast corner to Lot D in Block 88
of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said
Block thence running along the South Boundary of Lot D in a Westerly direction
a distance of 24 feet to the Corner of.No. 2, thence running in an Easterly
direction parallel to the South Boundary of said Lots D and E a distance of 41
feet to Corner No. 4, thence running on a Southerly direction parallel to the
East boundary of said Lot E a distance of 20 feet to Corner No. 5, thence
running in a Westerly direction along the South Boundary of said Lot E a
distance of 17 feet to Corner No. 1, the place of beginning;
and
The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E"
in Block 88, City and Townsite of Aspen;
and
The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered
"D" in Block 88, City and Townsite of Aspen.
P 1 TF: I N COUNTY, COLORADO
t t cullff d at ` 1 1�o'clock M
1i-'Zt �tion No _—_' �
\ SILYIA DAVIS PITKIN COUNTY RECORDER
ra
WARRANTY Dr:ED
v
i •'r3 THIS DEED, mado this y
Hardware 6 Supply Company, [ricdayaoC lash. 1989, retlon nIf Aspen
v�- '� County of Pitkln end State of Colorado, Grantor, and llarl,•y u Baldwin whose legal address i•I rho Brand Hulldtng, l.V'r ;oath
Galena, Aspen, Colorado 91611 f the r:aunty of P:•k:;,i
of Colorado, Grantee: n -Ind a,
w Lr
'rt LT
Y WiTNESSETH, that tho !tr Antor for and In 1701Isidr.ration ref t.o
sum of Ten Dollars and other Bond and valuable consideration, tie
receipt and sufficiency of which is hereby acknowledged, ha•i
granted, bargained, sold and conveyed, and by these presents dons
SS grant, bargain, sell, convey and confirm, unto the Grantee, !it I.
hairs and assigns forever, all the real property together witn
Q� Improvements, if any, situate, lying and being in the County :f
Pitkin and State of Colorado described as follows:
3! \ The reel property described •)n Exhibit A attached
y hereto and incorporated hnrein by thl3 reforence
OR known by street and number a :. LOd South ji l l .;treat, Aspen,
?' V Colorado.
TOGETHER with all and srnquiar 'he hered,taments ind
Appurtenances thereto melon.;Ing, •,r in anywise appertaining, And
the reversion and reversion•i, r-mainder ind remainders, rents,
issues and profits thereof, and all the ostate, right, title,
Interest, Claim and demand whatsoever of th,• Gr.intor, either in
law or equity, of, in and to the above hargarned premises, with
the hereditamenta and appurtenancrs.
k
TO HAVE AND TO HOLD the -iar i prom: :,q above berg., , ned Inv
described, with the appurtenances -in, hu
�rantoe, his heir•r
and assigns forever. And the Grantor, f..r itself, its hr.t.q Ind
personal repreaentativor, does covenAr,t, granr, barq.,n, And agree to and with the Grantee, his hair. Ind a,r,i,ln.y, tt• it the
tr; time of the ensealing and dellvnry )f those presents, it y wail
seised of the promises abovo conveyed, has good, •:ure, porfoct,
absolute and indefeasible estate of inhoritanco, in law 'n fee
M simple, and has good right, full power and lawful autr fy to
grant, bargain, sell and convey the same in manner ant) ,rm AS
aforesaid, and that the same Are free and clear from n11 former
and other grants, bargains, sAi••s, lions, taxes, aennnsmnnts,
encumbrances and restrictions of whatover kind �r nature soover,
except taxes due and payable for 1989 And aubseq%jont yoir-i: Any
tax, special assessment, charge or lien Imposed for . •,,r or
sewer service or for any -ther special taxing d1utrict f,rr 1')H9
and subsequent years; reservations contained in :lead from the
City of Aspen An follows: no title shall be hereby actl•rired to
any thine of gold, silver, cinnnbnr or copper or to .,•,y valid
t?' mining claim or possession hold under existing laws, .19 ••t f,:rih
t,4
M
7 kr fj-'Nryw A`. y;lG', r-,fvch,t�an t. r"�+�f$SKTjFM 3
r t r l.� i' f• � r :4. } i� I +',r.'g• c ..�.r ,�'°� t,:
t M �� S• . !� - �j!�.,.� r� .i �79U�'','�... , T .. V,' L�'�'�i A.�. n•f ��II � �.,F' «� •:,
Eta
►`'°
In instruments recorded in Gook 79 at Page 32, in Ilctok 59 at rage w
307; any leas or damages as a result of Ordinance No. 11 (Series
rly of 1907) which repeals and reenacts Section 21-9 of the Municipal
Cods, titled, Historic DesignatJon.
h9 The Grantor shall and will WARRANT AND FOREVER DEFEND the
t" above -bargained premises in the quiet and Peaceable
-1" Q P poaaeneion of
the Grantee, his heirs and aa.t.yne, against all and ever w
Y Person or persons lawfully claiming the whole or an
y part ?'• provided, however, that the Receiver executing this Deed eon
behalf of Grantor shall have no personal liability for any claim
by Crantee, his successors or assigns arlsinq for any reason whatsoever under this Deed and Grantee, hie successor@ and } '
assigns shall have recourse only against Aspen Hardware and
Supply Company, Inc. as Grantor hereunder. The oingulnr number }
s shall Include the plural, the plural the singular, and thn use of
s.. any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on
the date set forth above.
c = ASPEN HARDWARI AND SUPPLY COMPANY, 1
INC., a Colorado Corporation l
Robert camp, Hecr+ivjr —
STATE OF COLORADO )
COUNTY OF PITKIN )
Subscribed and sworn to before mr, tthir day of March, ,
1989, by Aspen Hardware and Supply Compare}. Inc., a Colorado
Corporation by Robert Camp, Receiver.
Witness my hand and official opal.
Ny commission expires: _&l1L.4til rule
':�`f'•
' �ksY 1 Notary Publ f•c
A 6 r �}
f. -• � f�t�•Qf r
vi
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,t
EXHIBIT "A" TO WARRANTY DIED
SAa North t0 feet of Lots A, I and C. Block aa, City and Townslte or
4Spea (ssseptlag that portion of sold Lot C conveyed by Quit Claim Deed
,40$rded IS look SST at Page 41$ of ►itkln County Records)
n
"teas ',a Portal described asi
xN, ,
ijaalNL at Corner Ns. I which is the Southeast oernsr of Lot D In
�l k2## of the City sad T•wnsit• at Aspen, and the Sootkuset Cornar e!
,lalt $look these* remain$ along the South Boundary of Lot D im
11 rflraatloa a distance of lS feet to Corner No. S.
ti"t poliss'l■ a Northerly diresti•n parallel to the West losndary
�Ot�•�;• llatomo• or g0 feet to Corner No. S.
' NYC; iM as gastarly dlrestlon parallel to the South Boundary
a and L a Iiatan0• of e1 feet to Corner No. e, themes
d.Logtkoely direction parallel to the tart ►•ondary sf'sald
31<�Otaaa@ at So test to Corner No. S. theses running is a
�g+� r•$tlaa along the South Boundary of said Lot g a distance of
N,R✓lt.tt,Oorgor go. 1, the place of beginningi
ft . '.
and
a�N -
Beath TMoaty (10) feet of the teat Thirteen 1131 loot of Lot
$IN *L" In block a$, City and Townslts of Aspen;
and
logth Twenty (10) feet of the East Twenty Five (23) feat of Lot
Lltolfd "D" In Block Sa, City and Townsite of Aspen.
ANb TOMg$lTI Or ASPIN,
TY 0► ►ITRIN.
f a 0► COLORADO
F
0
SCHEDULE A
Date of Policy: March 20, 1989 at 4 :51 P.M
Amount of Insurance $ 2, 700, 000. 00
1. Name of Insured:
HARLEY BALDW IN
GF No. d00368-C
2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
HARLEY BALDWIN
4. The land referred to in this policy is described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN A14D MADE A PART HEREOF.
•
7iUe USA Insurance Unrnoriuon, 1301 Nam ;1
7a0as. Teas ;5202
�r •v .:an L—d 50, Aua—m—
Owncr's Pohcy --
Ton+l d IR•w 10.17. 70 and 3J0.841 — d:nnitule A
form 100A 6— 75M 186;4
SC'.ELULE A - continued ?eI icy No. 0157924
Order No. 4003600'-0
The land referred to in this policy is situated in the State of Colorado,
County of Pi-l-kin , and is described as follows:
PARCEL A:
The Plorth 80.00 feet of Lots A, B and C, Block 88, CITY AND
TCWNSITE OF ASPEN,
E::CEPT that portion of said Lot C conveyed by Tinnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the
Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425.
PARCEL 6:
Beginning at Corner No. 1 which is the Southeast corner of Lot G
in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest
corner of Lot E in said Block 88;
thence running along the South boundary of said Lot D in a
Idesterly direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20.00 feet to Corner Vo. 3;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet to Corner
No. 4;
thence runnina in a Southerly direction parallel to the East
boundary of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary
of said Lot E a distance of 17.00 feet to Corner No. 1, the place
of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet
of Lot E, Block 88, CITY AND TCWNSITE OF ASPEN.
PARCEL D:
The South twenty (20.00) feet of the East twenty five (225.00)
feet of Lot D, Block 38, CITY AND TCWNSITE OF ASH H .
POLICY IN0. J i : 7, :'_-
Order 11c. 400368-0
This Policy does not insure against loss or damage by reason of the following:
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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec-
tion of the premises would disclose and which are 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. Taxes due and payable; and any tax, special assessments, charge or lien imposed for
water or sewer service, or for any other _special taxing district.
6. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate
Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Page 307, and
March 28, 1891, in Book 79 at Page 32, providing substantially as follows:
"That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or
copper or to any valid mining claim or possession held under existing laws and
subject to all the conditions, limitations and restrictions contained in Section
2386 of the Revised Statutes of the United States."
7. Encroachments by (a) the two-story brick building on Parcel A onto E. Hopkins
Avenue, S. Mill Street and property immediately adjoining Parcel A on the South,
and (b) the one-story "C.M.U." building on Parcels B, C and D onto the alley in
Block 88 and property immediately adjoining Parcels B, C_and D on the North and
West, as evidenced by Survey No. 1902-2 of Aspen Survey Engineers, Inc. dated
February 6, 1989.
8. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County for the
use of Central Bank of Aspen, N.A., to secure 52,300,000.00, dated March 20, 1989,
and recorded March 20, 1989, in Book 588 at Page 173.
9. Assignment of Rents recorded March 20, 1989, in Book 588 at Page 188, given in
connection with the above Deed of Trust.
10. Security interest under the Uniform Commercial Code affecting subject property,
notice of which is given by Security Acreement and Financing Statement, from
Harley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded
March 20, 1989, in Book 588 at Page 192, and filed March 20, 1989 at Filing No.
12305.
Norman E. Larkins
Authorized Countersign atura
Ie�JSA Insurani; , C,orporati
Endorsement
Attached to and forming a part of
Policy No 0157924
Order No. 400368
Issued by
Title USA Insurance Corporation
Exception No. 5 is hereby amended and modified in its entirety to read as follows:
5. Taxes and assessments for the year 1989 and subsequent years.
Exceptions 1 through 4 are hereby deleted.
In all other respects, said Policy remains the same.
This endorsement is made a part of the policy or commitment and is subject to all 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 or commitment and prior endorsements, if any, nor does it
extend the effective date of the policy or commitment and prior endorsements or increase the face amount
thereof.
Dated: Marrh ?ar 1 q
Title USA Insurance Corporation
I0 1%ANCE.
President & Chief Executive Of
licer 1►' :O9
Q : •O
1�� D4SEAL M
Arrest: Sect tary l/t
sued at
Norm n E. Larkins _
Authorized Countersignature
FCAM S 10 40M SETS :BdN
TNISUSA Insurance Corpora&n
E7-'TITLE Commitment
=6SA
for Title Insurance
Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor;
all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six I61 months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy
or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed
as of the effective date of Commitment shown in Schedule A.
Title USA Insurance Corporation
By
President 40
JPANCE
�5..• ' ' "' •�09 Attest:
�; BEAL...0
WY,' • �t r r : ' o Secretary
Countersigned
e
. L 'Authorized Signatory
We(11/88)
ALTA COMMITMENT TO INSURE 11871)
Nicno' S `acSra;�
. :JlcncIas 'McGrath Andraw '/. HechT, ESq.
J. Nicholas McGrath, P.C. SCHEDULE A John D. LaSalle, Esq.
600 E. Hopkins, Suite 203 Mr. Robert C. Camp
.Aspen, Colorado 81611 Leonard '.I. Cates, Esq.
Herbert '<lein, Esq.
Customer Reference: Aspen Hardware 3 Supply
Inquiries should be directed
GF No. 400368-C2 to Norman E. Larkins
NL/nl
1. Effective date: March 20, 1988 at 7:00 A.M.
2. Policy or Policies to be issued: Amount
(a) ALTA Owners Policy — Form — 1970 -2r 7OA, 00D. OIl
Proposed Insured: HARLEY BALDW I N
(b) 2,300,000.00
ALTA Standard Loan Policy, Coverage — 1970 $.-
--
Proposed Insured: CENTRAL BANK CF ASPEN, N.A. , and/or Assigns
3. The estate or interest in the land described or referrea to ;n 'his Commitment 3na covered herein ;s:
FEE
1. ;Ile :o said estate or interest 'n paid ;and 's at -,ne ?ffective :ate Hereof ieste"
ASPEN HARDWARE d SUPFLY COMPANY, ;NC.,
a Colorado corporation
5. The land referred to in this Commitment is located in the County of P i tk in
State of Colorado and described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ,ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF.
Owner's Premium: S 4,432.00
Lender's Premium: S 80.00
Add'I Charges: $ 796.40
Tax Certificate: $ 30.00
TOTAL CHARGES: S 5,338.40
Ah1E11ICAU LA14D TITL:? ASSOCIATION COPYRIGHT 1971 (REV.)
;(a l.Uul
0 0
k;rder No. -100368-C2
Plat i.D. No.
Covering the Land in the Stale of Color3eo, County of Pitkin
Described as:
PARCEL A:
The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF
ASPEN,
EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit
Claim Deed recorded May 22, 1974, in Book 2871 at Page 425.
PARCEL B:
Beginning at Corner No. 1 which is the Southeast corner of Lot D in
Block 88 of the CITY AND TOWNSITE OF ASPEN, and the Southwest corner of
Lot E in said Block 88;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West boundary
of said Lot D a distance of 20.00 feet to Corner No. 3;
thence running in an Easterly direction parallel to the South boundary
of said Lots D and E a distance of 41.00 feet to Corner No. 4;
thence running in a Southerly direction parallel to the East boundary
of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary of said
Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot
E, Block 88, CITY AND TOWNSITE OF ASPEN.
PARCEL D:
The South twenty (20.00) feet of the East twenty five (25.00) feet of
Lot D, Block 88, CITY AND TOWNSITE OF ASPEN.
•
I. The following are 'he requirements 'c �e-cmpli, :
1. Instruments necessary to create the estate or interest 'e ce insured must oe properly executed,
delivered and duly filed for record.
2. Payment of the consideration for 'he estate or interest to be insured.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises. which
are due and payable.
4. Satisfactory evidence should be had that improvements and, or repairs or alterations thereto are
completed: that contractor, subcontractors, labor and materialmen are all paid.
5. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware & Supply Company, Inc. for the use of The Bank of
Aspen, to secure $1,200,000.00, dated April 10, 1987, and recorded
April 10, 1987, in Book 533 at Page 299, (Affects Parcel A)
6. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware & Supply Company, Inc. for the use of The Bank of
Aspen, to secure $300,000.00, dated April 10, 1987, and recorded
April 10, 1987, in Book 533 at Page 305. (Affects Parcel A)
7. Termination Statement of Financing Statement from Aspen Hardware &
Supply Company, Inc., et al, debtors, to The Bank of Aspen, secured
party, recorded April 21, 1987, in Book 534 at Page 94 under Filing
No. 10753, as amended by instrument recorded July 12, 1988, in Book
568 at Page 627 under Filling No. 11742.
8. Termination Statement of Financing Statement from Aspen Hardware &
Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen,
secured party, recorded May 22, 1987, in Book 537 at Page 418 under
Filing No. 10841, and re -recorded August 8, 1988, in Book 570 at Page
491, as amended by instrument recorded July 12, 1988, in Bock 568 at
Page 628 under Filing No. 11743.
9. Release by the Public Trustee 3f Pitkin County of the Deed of Trust
from Aspen Hardware 3 Supply Company, !nc. for the use of Thcmas J.
Sardy, to secure $80,000.00, dated June _, 1987, and recorded June
1, 1987, in Book 538 at Page 166. (Affects Parcels B, C and D)
10. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware & Supply Company, Inc. for the use of The Bank of
Aspen, to secure $60,000.00, dated May _, 1987, and recorded June 2,
1987, in Book 538 at Page 247. (Affects Parcel A)
11. Withdrawal by the Public Trustee of Pitkin County of the Notice of
Election and Demand recorded August 4, 1988, in Book 570 at Page 161,
and in connection with the foreclosure of the Deed of Trust
Identified in Requirement No. 6 above.
12. Certified copy of Findings of Fact, Conclusions of Law and Order
entered by the District Court in and for Pitkin County, Colorado on
March 14, 1989, in that certain action entitled Robert R. Skinner,
Plaintiff, v. John R. Beatty, et al., Defendants, Civil Action No.
88CV88.
(Continued)
:301FOULE U I
Commitment No. 400365. - C 2
REQUIREMENTS - continues
13. Deed from Robert Camp, as Receiver for Aspen Hardware & Supply Company,
Inc., a Colorado corporation, to Harley Baldwin, all in a form and
substance acceptable to the Company or its duly authorized agent.
14. Evidence satisfactory to the Company or its duly authorized agent either
(a) that the "real estate transfer tax" imposed by Ordinance No. 20,
(Series of 1979), of the City of Aspen, Colorado has been paid, and that
the Ilen Imposed by Paragraph 9 thereof has been fully satisfied, or (b)
that a Certificate of Exemption has been issued pursuant to Section 7
thereof.
15. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County
for the use of Central Bank of Aspen, N.A., to secure 2,300,000.00.
16. Certificate of Dismissal issued by the Clerk of the Court of that certain
action entitled Harley Baldwin, Plaintiff, v. Aspen Hardware and Supply
Company, Inc., a Colorado corporation, and John R. Beatty, Defendants,
Civil Action. No. 89OV39, in the District Court in and for Pitkin County,
Colorado, the Notice of Lis Pendens recorded March 2, 1989, in Book 586 at
Page 952.
17. Evidence satisfactory to the Company or its duly authorized agent that the
Letter Agreement between John R. Beatty, as President of InterRealty Corp.,
and Don Siegel/Sieco Inc. recorded January 19, 1989, in Book 584 at Page
36, is disputed, and will be resolved by and through the District Court in
and For Pitkin County, Colorado pursuant to the Order entered on March 14,
1989, and contemplated by Requirement No. 12 above. Such evidence need not
be recorded.
18. Evidence satisfactory to the Company or its duly authorized agent, whereby
parties acceptable to the Company agree to undertake and continue the
defense of any and all claims, demands, actions, causes of action and
appeals in that certain proceeding identified in Requirement No. 12 above.
Such evidence need not be recorded.
SCHEDULE U-II
�er No. 400368—C2
11. Schedule B of the policy or pohcwe to he Issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
1. Rights or claims of parlles in possession not shown by the public records.
2. Easements or claims of easements, not shown by the public records
3. Discrepancies. conflicts in boundary lines. shortage In area, encroachments, and any facts which a correct
survey and Inspection of the premises woulo disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment.
Exceptions numbered
are hereby omitted.
6. Taxes due and payable; and any tax, special assessments, charge or IIen
Imposed for water or sewer service, or for any other special taxing district.
7. Restrictions, as contained in the Deeds from M. G. Miller, as
County and Probate Judge, to E. B. Collins recorded January 23,
1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at
Page 32, providing substantially as follows:
"That no title shall be hereby acquires' to any mine or gold,
silver, cinnabar, or copper or to any valid mining claim or
possession held under exisTing laws and subject to all the
conditions, limitations and: restrictions containet in Section 2`386
of the Reviset StETuies of the UnlTed States."
8. Encroachments by ka) the two-story brick building on Parcel A onto
E. Hopkins Avenue, S. Mill Street and property immediately
adjoining Parcel f, on the South, and (b) the one-story "C.M.U."
building on Parcels B, C and D onto the alley In Block 88 and
property immediately adjoining Parcels B, C and D on the North and
West, as evidenced by Survey No. 19022 of Aspen Survey Engineers,
Inc. dated February 6, 1989.
9. Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions between Aspen Hardware & Supply Company, Inc., a
Colorado corporation, as Seller, and Harley Baldwin, as Purchaser,
recorded January 11, 1989, in Book 583 at Page 229.
I40TE: Exception No. 9 above will be deleted upon compliance with
Requirements No. 12 and 13 under Schedule B-I of this Commitment.
THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN
EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE
ENCLOSED FORM OF "FINAL AFFIDAVIT A14D AGREEMENT" IS PROPERLY
EXECUTED AND ACKNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO
THE COMPANY OP ITS DULY AUTHORIZED AGENT.
(Continued)
•
Commitment No.400368 -C 2
EXCEPTIONS - continued
THE LOAN POLICY, WHEN ISSUED, WILL
RESPECT TO EXCEPTION NO. 8 ABOVE,
HOWEVER, THAT APPLICABLE SCHEDULED
$796.40 ARE PAID TO THE COMPANY OR
CONTAIN ENDORSEMENT FORM 103.2 WITH
AND ENDORSEMENT FORM 100, PROVIDED,
CHARGES IN THE AGGREGATE AMOUNT OF
ITS DULY AUTHORIZED AGENT.
• 0
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve
the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only
for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,
the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed
for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
i
COLLINS BLOCK
Description of Proposed Development
1. The existing building
The Collins Block: Yeas constructed in
1892), immediately prior to the crash of the
SiP...,er Boom in Aspen. It has served as a
rooming hi use and a commercial building
hou=in11 frorn time to time a mortuary., a
hard,e are store, and other- retail establishments
The architecture of the building is
transitional in nature, combining classic revi,,,al
details ',h,ith V11:torian shop windo'Y,'s and
frontier sandstone rustication.
The classic_. orders and bending gi ,e the
facades a strong horizontal ernphasis 'which is
enhanced by the side',rialk: loggi 9 'which vvas
added in the 1950s. The building suffers
sornhat from a weak vertical termination due
to the lack of a strong parapet cap or cornice
such as is typical of sinnilar buildings in the
;_pen core, some of �,ehich are surmounted
in addition by a decorative pediment or simil9r
device.
The east side of the block; was designed
and constructed as if to abut an adjacent
building and hence dloes not exhibit the dc-tailing
of the street facade
2. Prnii=ed dc-veloDrnent:
The greater portion of the propcised
developrnent will take place ;ritl,in the confines
of the e,<.isting structure. In the performance of
this reno,,,ation the applicant intend_ to
a.,siduclusly preserve and to restore the e;::;isting
street facades, in all their elerne,ts.
Deteriorating or hazardous conditions
which presently exist 'wiil be remedied, so far
as possible in a manner identical with the
original details.
In addition, the=pplicant propose_ to
contirue such details along ti,N upcier ei5st
facade of the block as it is unlikely, gi�..en
modern building restrictions, th-2t an adjacent
three story structure ti;'iI ever be built.
A low garden story structure is propo_d
for the roof of the building. This level will
contain kitchen and living area^ for the units on
the second floor and will take advantage of the
vie'rrs offered by the roof leve-l. The concept
similar to the roof garden strictures of the
Brand Building, the Bo'N.vman, and se,,,,eral other
properties in town.
This addition is designed to be
unobtrusive from the street and employs
materials subdued in color and conforming in
nature to those now to be found on the Collins
Block and the V./heeler Opera House building
acros,s the street.
E
i
To further conceal the roof level
structure from the street vie%nr and to
streng+hen the vertical termination of the
facades, it is proposed to add a continuous
course of sandstone cornice to the parapet cap.
It has been determined that the proposed
structure will be well below the Main Street
Mountain Vie,.�r Plane.
The third area of development will be
surrounding the existing commercial yard.
Here it is proposed to replace the
existing commercial space v ith several small
shops in an attractive and intimate place. These
shops and fronts Nhrill be designed to a street
level scale and VYiil incorporate elements of the
adjacent building in their design. Among the
elements will be the continuation of the heavy
sandstone base course around the courtyard
beneath the shop fronts and rrindo ass.
Vy e believe that this area presents an
opportunity to create an imaginative and diverse
pedestrian spare which the aspen plan seeks to
promote and which Hopkins Street will benefit
from.
The shop fronts ••,rti'•ill be painted wood in
muted Victorian tones with awnings and
fixtures typical of the period. New roofs of dark
gray steel with raised seems •,rY•ill be installed.
Above the roofs the upper facade of the
building ,,rill be restored and r_ornpleted with the
continuation of the bands and dentil cornice.
Decorative iron work: balconies ;;ill be
installed overlooking the yard.
The paving for the court will be of a
herringbone brick pattern with margins of
exposed aggregate concrete.
The above contemplated renovations and
addition are intended to comply with the
published guidelines of the Secretary of the
Interior both in regard to restoration and in the
stated permissibility of nevv construction
It is the intention of the developer to
create a setting distinct from the street
thoroughf51-e which preserves and enhances the
qualities of the Collins Block.
It should be noted that the "Little Place"
proposal described is one of two proposals
••;•shish are being explored by the applicant. The
alternative scheme under study •y-would house a
large hardware store in the commercial yard on
the Fast side of the building. This structure
would be one story in height with a full
basernent. Its street facade would be treated as
a nineteenth century "storefront" in a manner
compatible architecturally with the adjacent
Collins block. We believe that a
hardware/general store, serving the commercial
core and domestic and generel construction
need,, ;h;•o►.ild be appropriate to the Hopkins
'-treet address. We f i nd, however, that
enormous "cash in lieu" exactions by the city for
open space, employee generation, and parking
preclude this as an option.
The applicant is one of a member of Aspen
property ci ners tirho have dernonstrated a
cornrnitrnent to the Aspen herit,3ge breathinq
new, life into decal ing building �Mth style and
in a Plainer consistent'evith the highest
aspirations of the builders of the Sil%-,er Boom.
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RE: 204 S. Mill Street
Aspen, CO 81611
Response to Attachment 4
The applicant proposes to provide employee housing at the level required
by Section 8-106 and intends to resolve parking issues according to the
standards of the Code. Furthermore, the applicant intends to mitigate
impacts upon the community and to provide facilities for water, sewage
treatment, drainage control, transportation, fire protection, and solid
waste disposal needs in accordance with the Code and in a manner appropriate
to the site.
Applicant: Harley Baldwin
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 6130/8_ 9
DATE COMPLETE:
PARCEL ID AND CASE NO.
2737-073-39-001 & 004 70A-89
STAFF MEMBER:
PROJECT NAME: Collins Block GMOS Exemption
Project Address: 204 S. Mill Street, Aspen, CO
Legal Address: N 80' of Lots A. B & C. Block 88
APPLICANT: Harley Baldwin Associates
Applicant Address: 205 S. Galena St., Apsen, CO 81611
REPRESENTATIVE: Joe Wells
Representative Address/Phone:_130 Midland Park Place, F2
Aspen, CO 81611 5-8080
PAID: YES NO AMOUNT: $50.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP:
P&Z Meeting Date
CC Meeting Date
2 STEP:
PUBLIC HEARING: YES
VESTED RIGHTS: YES
PUBLIC HEARING: YES
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
NO
NO
NO
NO
Paid:
Date: i •�
City Attorney
Mtn. Bell
School
District
City Engineer
Parks Dept.
Rocky
Mtn Nat Gas
Housing Dir.
Holy Cross
State
Hwy Dept(GW)
Aspen Water
Fire Marshall
State
Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED:
INITIALS:
--------------------------------------- - -
FINAL ROUTING: DATE ROUTED: 1") ' I `' < INITIAL: ` +
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
0
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Tom Baker, Planning Office
RE: Collins Block: GMQS Exemption by Planning Director
DATE: November 7, 1989
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: The applicant seeks a GMQS Exemption for the
enlargement of an Historic Landmark. The Collins Block proposes
to remodel the existing building and to construct a portion of
the new in -fill building. This request will increase net
leasable square footage, but not floor area square footage. This
application is being done in phases and the applicant will
request a GMQS Exemption by P&Z this winter to complete the in -
fill building and to add a second floor loft.
FINDINGS: Pursuant to Sec. 8-104(A)(1)(B)(2) the Planning
Director may exempt an enlargement of an Historic Landmark
intended to be used as a commercial or office development which
increases either the building's existing floor area ratio or its
net leasable square footage, but not increase both.
Based upon discussions between the applicant and the Planning
Office the applicant has a floor area credit of 10,297 square
feet. This number includes the existing building, first level of
the metal shed (529 s.f.) which was entirely enclosed on lot C
and the enclosed notch )(209s.f.) on the east wall of the
existing building.
For purposes of this approval, the area of the in -fill building
which should be counted as floor area is only that area which is
totally enclosed. The applicant proposes not to enclose the
south portion of the in -fill building in the court yard section.
This will allow the development to locate its mechanical
equipment for the project where HPC prefers, on the south portion
of the in -fill building roof, but this area will not count as
floor area until it is reviewed by P&Z and enclosed.
HPC has completed its review and approved this entire project.
RECOMMENDATION: Staff recommends GMQS Exemption for the
construction of the in -fill building and reconstruction of the
existing building to a maximum floor area of 10,297 square feet.
I hereby approve the GMQS Exemption
pursuant to Section 8-104(A)(1)(b)(2) of
theAspen Land Use Code.
I )W
Amy Mf gerum, Pla jnning Director
0
Aspen/Pitki
130 s o,64
a s p e axe'
October 27, 1989
Joe Wells
Doremus and Wells
608 East Hyman Avenue
Aspen, Colorado 81611
Dear Joe:
This letter
Office staff
with respect
project.
n ing Office
g'a lel,,% ,street
Lo fa d:03, 8 16 11
i V �
I�
eo�� r li 1
v 4 �� 4
is to confirm the
and you regarding
to the in -fill
` „J rY
discussion between the Planning
the interpretation of floor area ct
building for the Collins Block
I agree with past staff interpretations regarding countable floor,
area for the Collins Block. I also agree that based upon those
interpretations your recent proposal for the in -fill building is
consistent with those interpretations.
A summary of staff's recent position regarding the in -fill
building is as follows. Based upon our discussions, staff agrees
that if a riof is not put on the south portion of the building it
is not technically countable as floor area. In order to put a
Yea-€ on this portion of the structure the project must go through
the appropriate review process. This is only an interpretation
of what is countable as floor area, not a verification of square
footage for permit check purposes. I have attached a copy of
your drawing for purposes of clarity in the future.
Sincerely,
Amy argeru
Pla ning Di ector
collins.blk.interp.infill
cc: Collins Block Case File
d!!�l'
RA 12
C O N S T R U C T I O N C O M P A N Y
1107 LINCOLN AVENUE
P.O. BOX 772559
STEAMBOAT SPRINGS, COLORADO • 80477
(303) 879.6229
19 Crystal Road
Carbondale CO 81623
2000 WEST EIGHTH AVENUE
DENVER, COLORADO • 80204 • (303) 623-3171
July 12, 1989
Pitkin County Planing Office
730 south Galina Street
Aspen CO 81611
RE: Collins Block
1G: Bob Gish
:•.
We are writing this letter with regard to safety precautions that we and
the Structural Engineer Tom Duesterberg feel need to be addressed immedia-
tely. To be specific, the East wall of the Collins Block (old Aspen
Hardare) has deteriorated over the years to the point of near collapse.
To add to this condition we are constructing a full basement under this
wall. In order to do this the wall needs to be shored and braced. It
is our professional opinion and that of the Structural Engineer that the
wall can not withstand this ordeal. If it did, and we take the remaining
precautions of pointing and patching the mortar joints,- the future of
this wall will always be in question. Our recommendation is that it be
dismantled saving the brick and be reconstructed on a new foundation.
A close inspection indicates that the mortar in the existing wall is no
longer acting as a catalyst. To under go the rigors of excavation beneath
it while being temporarily braced is asking too much of materials that
have deteriorated to the extent they have.
Our problem is that RoxAnne has taken issue with how the wall will be
reconstructed. As a result of her stand she has refused to let us take
down the wall. The issue of how the wall will be reconstructed is not
what needs to be addressed now. At this point we are supporting the arches
which brick and mortar are already falling out of. The wall has settled
over the years yielding serious structural cracks making the existence of
this gall a dangerj.o all of us working around it.
Collins Block
Newstrom Davis Construction Ccmrany
page 2 of 2
Bob, this wall does not contain any engravings or historic emblems that
could be destroyed if the wall was dismantled. The Colorado Historic
Society located in Denver has said that there are no regulations that would
mandate that the wall could not be dismantled and reconstructed. How this
wall is re -constructed is an entirely different issue which can be decided
with a review of the preliminary approvals and the final approvals yet
to be decided.
We have enclosed a letter from the Structural Engineer detailing his
observations.
We understand that RoxAnne has a job to do and we respect her position.
But to ignore the structural integrity now and in the future of this
building is a serious mistake and a weighty responsibility. By her demand
the wall will not be removed.
Thank You,
Rf,,i` plc%<,•
o/dney E. '6land
Vice President NDCC
REP/dp
cc: RoxAnne
HPC ---
Mark Fuller
Harley Baldwin
0 0
Jury 2 7
DOMMUS & weLLs
an association of land planners
June 26, 1989
Mr. Tom Baker
Acting Director,
Aspen/Pitkin Planning Office
130 S. Galena
Aspen, CO 81611
Dear Tom:
Harley Baldwin, Dick Arnold and I met with Roxanne, Alan and
Leslie several days ago regarding the Collins Block project. We
explained our timing difficulties regarding some of the review
procedures still outstanding in order to complete the project as
approved conceptually by HPC.
Staff was very helpful in allowing us to proceed to Final HPC
review for a portion of the project, temporarily omitting the
second floor loft addition in the Collins Block, assuming of
course that we can demonstrate that there's no increase in FAR or
above -grade net -leasable square footage. This approach will
allow us to request GMQS exemption by the Planning Director under
the provisions of Ordinance 16 and/or 27 and proceed to building
permit for a portion of the project.
An application for GMQS exemption by the P&Z will be filed
separately for the second floor loft in the Collins Block once
the question of contiguity with a separate parcel owned by Harley
can be addressed.
One problem continues to pose an obstacle to proceeding with the
project and that is the question of open space. As you may know
we previously requested an interpretation by Alan on the open
space issue. It has been our position that there is no open
space on the site because the yard area does not meet the open
space definition.
We continue to believe that it is unreasonable to impose an open
space requirement on the project but, in the interest of time,
have agreed to provide open space under the terms of Alan's
interpretation of 25% of the "undeveloped" portion of the yard.
We understand that is the portion of the yard without structures
608 east hyman avenue ❑ aspen, Colorado 81611 ❑ telephone: 303 925-6866
Mr. Tom Baker
Acting Director,
Aspen/Pitkin Planning Office
June 26, 1989
Page Two
-- the area which has historically been used for truck loading
and unloading. The uncovered portion of the yard is 1,317 square
feet so under this interpretation 330 square feet of open space
would have to be provided.
In discussing this issue with staff_, it was suggested that unless
the open space to be provided complies with all of the provisions
of the open space definition that it would be necessary to get a
variance from the Board of Adjustment. Alan suggested that open
space should be considered relative to the entire site. In
thinking about it last night I concluded that it's pretty unfair
to require that we go to the Board of Adjustment to resolve a
condition created by the placement of the historic structure on
the site.
The specifics of the situation are these:
1. The yard area (Lot C), which is not open space to begin
with, has been fenced for many, many years. On either side
of a double gate of approximately 17 feet in width were two
sections of solid wall. Therefore, historically there has
only been a 17-foot slot 'open to view' as the definition
(Paragraph A) requires.
2. In order to comply with Paragraph C, the open space being
required would have to have a minimum street frontage of 45
feet; this is clearly not possible because it would extend
15 feet into the historic building.
I do not believe it is unreasonable to suggest that the frontage
of the open space to be provided should not be required to be
greater than 50% of that area historically open to view -- not
50% of the entire 90 foot parcel.
I say that because we're agreeing to an interpretation that has
no specific basis under the existing code language; the only area
about which there is any debate regarding open space is the 30
foot parcel, not the entire site.
If we could expect a rational action by the Board of Adjustment I
wouldn't hesitate to go before them; if it were simply a matter
of demonstrating a hardship I think that's easy enough. We all
know, however, that the Board of Adjustment's philosophy is such
• 0
Mr. Tom Baker
Acting Director,
Aspen/Pitkin Planning Office
June 26, 1989
Page Three
that an appearance before the Board becomes a highly subjective
discussion at times.
Bill Drueding has suggested that the Board probably wouldn't
grant the variance, because there is a payment -in -lieu option
available to us. I believe it would be unreasonable for the
Board of Adjustment to even consider the existence of the
payment -in -lieu option, since this alternative is clearly
discretionary to the applicant. If it makes economic sense to
the applicant to consider payment - in -lieu, he may propose it; if
not lie has the option of complying by providing the open space.
Since payment -in -lieu requires special review by P&Z, the time
involved eliminates it as an option in our case.
Let me know at 925-8080 if we can proceed on the basis of provid-
ing the open space suggested by Alan based on the area open to
view on Lot C.
Sin rely,
Joseph Wells, AICP
JW/b
608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone. 303 925-6866
•
Aspen/Pi
130
aspe
Mr. Richard R. Arnold
The Brand Building
205 S. Galena Street
Aspen, Colorado 81611
Dear Dick,
il i
ing Of f ice
;tteet
81611
April 12, 1989
This letter is written in response to your letter dated April 6,
requesting an interpretation of the Aspen Municipal Code. The
subject of the interpretation is whether Lot C, Block 88, Aspen
Townsite constitutes required open space for the Collins Block.
The situation you have described for me is as follows. The area
in question has been used in connection with the Aspen Supply
Company for many years. It has been used for merchandising,
storage, parking, service delivery and trash. Affidavits have
been submitted certifying some of these uses since at least 1969.
Section 3-1 of the Aspen Land Use Regulations indicates that open
space areas shall not be used for any of the above purposes.
Therefore, I find that the subject area does not meet the
definition of open space. However, the finding that this area
does not meet the definition of open space is not conclusive as
to whether there is an open space requirement on the property.
For me to judge whether the property has an open space
requirement, I would also have to know whether or not any land
use applications have been submitted for the entire property
since the adoption of an open space requirement in the Commercial
Core zone district. If so, was an open space requirement
established at that time? I suggest that when you submit a
development application for the property, you provide written
verification of whether or not any prior land use actions
established an open space requirement for the property.
If you can demonstrate in your application that no area of the
site either meets the definition of open space or has been
determined, through a prior approval, to be open space, then
there is no required open space on the property which must be
replaced. In this respect, I agree with your position that the
lot is nonconforming as to required open space and this
nonconformity is permitted to continue. However, I believe the
Commission must require open space to be provided if an
application for development of Lot C is submitted.
I find that Lot C is an undeveloped portion of the entire
property (except for any structures which exist) which has been
used in conjunction with the principal use. Should development
be proposed on Lot C, 25% of the undeveloped area must be
provided as open space, or a fee in -lieu of this requirement must
be paid. Otherwise, given the increased land development, the
property would increase in nonconformity, which is not permitted
by the Code.
I hope this clarifies the staff position for you. I regret any
incorrect signals you may have received from us in the past.
Please contact me if you have any questions.
Sincerely,
41a . Richman, AIC
Planning Director
cc: Tom Baker
Fred Gannett
Bill Drueding
Cindy Houben
arnoldltr
• THE BRAND •
April 6, 1989
Alan Richman
Planning Director
130 S. Galena
Aspen, CO 81611
re: Code Interpretation
Dear Alan;
Enclosed please find the following exiblts which we feel support a code
interpretation of no open space for the property know as Lot C, Block 88,
Townsite of Aspen ( Collins Block ) :
1. Affidavits of historical use
2. Photos
3. Code interpretation from Joe Wells, AICP
4. Survey of affected property
Bill Dreuding has indicated that the property under discussion, in his
opinion, is "non -conforming open space". We feel that the code is clear in
defining open space and that the property in not "non -conforming open
space".
We can show that the property has been used continuously, from before
1968 until the present, for retailing, storage, displays, parking, assembly
of tools, and construction products.
We respectfully request that you review the enclosed exiblts, as the
Planning Director, and give us an interpretation with respect to the open
space issue. Fred Gannett indicated that an answer could be obtained
within 10 days. Obviously an answer sooner would be appreciated due to
the tight scheduling constraints that exist for the project.
Sincer ly,
Richard R. Xrnold
Project Manager
205 S. GALENA ASPEN. COLORADO WWI
303 920.1800 FAX 303 920.3602
•
DOMMUS & WeLLs
an association of land planners
April 5, 1989
Mr. Alan Richman
Director, Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Alan:
I am writing on behalf of Harley Baldwin regarding Bill
Dreuding's recent interpretation regarding the storage and
outdoor display areas to the east of the Collins Block Building,
at the southeast corner of Mill Street and Hopkins Avenue. The
use in this area has been an integral part of the principal use
of the property for many years -- the merchandising of hardware
and other products for the home. The issue is whether the area
in question is or is not Open Space.
Open Space means "any portion of a parcel or area of land or
water which is open or unobstructed from the ground to the sky
(with the exception of permitted architectural projections, such
as building eaves, (above ground level) and shall include areas
maintained in a natural or undisturbed state, as well as
recreation areas, pools, plazas, pathways, fountains,
landscaping, and similar areas which provide visual relief from
the mass of buildings." Open space areas shall also meet the
following characteristics relevant to the Collins Block:
"A. Open to View. Open space areas shall be open to view from
the street at pedestrian level, which view need not be
measured at right angles. Fences or walls shall only be
permitted within or around the perimeter of open space if
such structures shall permit views from the street into and
throughout the open space.
B. Exclusion. Open space shall not be used for storage,
utility/trash service areas, rear access area, parking areas
or structures of any type, except as specifically provided
for herein.
608 east hyman avenue n aspen, colorado 81611 n telephone: 303 925-6866
•
•
Mr. Alan Richman
April 5, 1989
Page Two
I. Commercial Activity. No area of a building site designated
as required open space under this section shall be used for
any commercial activity, including, but not limited to, the
storage, display, and merchandising of goods and services."
Apparently Bill has taken the position that the area is
"non -conforming open space." As you know the code neither
defines specific dimensional requirements as non -conformities nor
makes provision for the administration of such non -conformities.
The code does provide, however, for the administration of
non -conforming uses (uses from the use list for each zone which
are no longer peer tted in the zone district in which they were
previously established) and non -conforming structures.
Non -conforming structure means "any structure which was
established pursuant to the zoning and building laws in effect at
the time of its development, but which does not conform to the
dimensional requirements imposed by this Code for the Zone
District in which it is located."
Under Section 9-103, a non -conforming structure:
A. may be continued in accordance with the provisions
of Article."
or
C. Extensions
1. General. "A non -conforming structure shall not be
extended by an enlargement or expansion that
increases the non -conformity. A nonconforming
structure may be extended or altered in a manner
that does not change or that decreases the
nonconformity."
The area in question is fenced, obstructing to some degree the
visibility of the area from the street, it includes sheds and
other structures and it clearly has been used for the storage,
display and merchandising of goods and services for many years.
In short, it is not open space as currently defined by the Code.
Mr. Alan Richman
April 5, 1989
Page Three
It seems to me that when the City desires to specifically limit
the activities which can take place within open space, the City
should also be prepared to acknowledge that occasionally
activities will have previously been lawfully established for
some structures which cause those structures to be non -conforming
with regard to open space, subject to the provisions of Article
9.
Fortunately, this situation is not in conflict with other
land -use policies of the City, as P&Z is already authorized to
consider by Special Review varying the open space requirement in
the CC Zone district; the Historic Guidelines also now encourage
maintenance of the storefront along the sidewalk in recognition
of the historic character of the downtown area.
The issue, rather, is whether the owner shall be required to
compensate the City with an open space payment -in -lieu for "lost"
open space when in fact no open space presently exists on the
site. This decision significantly affects the owner's ability to
maintain a plan for continued hardware sales in the building.
Let me know if you need additional information regarding this
issue.
Sincerely,
Joseph Wells, AICP
JW/b
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•
AFFIDAVIT
The undersigned states that he has personal knowledge that
the property, delineated on Exhibit A attached hereto (the
"Property"), has been used continously for at least twenty (20)
years to the date of this Affidavit in the following manner:
A. For the storage of building materials;
B. For the display and merchandising of gardening and
building materials; and
C. For parking for the Aspen Hardware Store vehicles.
The Property has been screened from pedestrian view from
Hopkins Street by a fence eight feet (8') high.
This Affidavit is made for the purpose of submission to the
City of Aspen for determination of the use of the Property since
1969.
Subscribed and sworn by the undersigned this 6-a day of
1989.
Lk- �z V-yq�
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0
•
AFFIDAVIT
The undersigned states that he has personal knowledge that
the property, delineated on Exhibit A attached hereto (the
"Property"), has been used continously for at least twenty (20)
years to the date of this Affidavit in the following manner:
A. For the storage of building materials;
B. For the display and merchandising of gardening and
building materials; and
C. For parking for the Aspen Hardware Store vehicles.
The Property has been screened from pedestrian view from
Hopkins Street by a fence eight feet (8') high.
This Affidavit is made for the purpose of submission to the
City of Aspen for determination of the use of the Property since
1969.
Subscribed and sworn by the undersigned this day of
ADYi1 , 1989.
Z��h
AFFIDAVIT
The undersigned states that lie has personal knowledge that
the property, delineated on Exhibit A attached hereto (the
"Property"), has been used continously for at least twenty (20)
years to the date of this Affidavit in the following manner:
A. For the storage of building materials;
B. For the display and merchandising of gardening and
building materials; and
C. For parking for the Aspen hardware Store vehicles.
The Property has been screened from pedestrian view from
Hopkins Street by a fence eight feet (8') high.
This Affidavit is made for the purpose of submission to the
City of Aspen for determination of the use of the Property since
1969.
Subscribed and sworn by the undersigned this -,)-L day of
1989.
AFFIDAVIT
The undersigned states that he has personal knowledge that
the property, delineated on Exhibit A attached hereto (the
"Property"), has been used continously for at least twenty (20)
years to the date of this Affidavit in the following manner:
A. For the storage of building materials;
B. For the display and merchandising of gardening and
building materials; and
C. For parking for the Aspen Hardware Store vehicles.
The Property has been screened from pedestrian view from
Hopkins Street by a fence eight feet W) high.
This Affidavit is made for the purpose of submission to the
City of Aspen for determination of the use of the Property since
1969. '1^
ub ribed and sworn by the un
1989.
•
•
DOMMUs & weLLs
an association of land planners
September 6, 1989
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
Dear Tom:
SLP - 6
As a follow-up to your August 10, 1989 letter to Andy Hecht
regarding the Collins Block project, we are re -submitting the
proposal based on your determination that the unenclosed exterior
sheds and the loft of the enclosed shed should not be counted in
FAR.
The unenclosed sheds and loft which I previously counted in FAR
amount to 588 square feet; if this square footage is deducted
from the total square footage previously credited of 10,885
square feet, the balance remaining would be 10,297 square feet.
As stated in Ordinance 27/1989, development involving Historic
Landmarks which does not increase the building's FAR shall be
exempt from GMQS. In order to continue to comply with that
condition, it would be necessary to remove 567 square feet from
the proposed infill building.
We propose to remove the necessary square footage from the infill
building as illustrated on the attached drawings in order to be
able to proceed under Ordinance 27. The reduction would be
accomplished by not enclosing the shops at the southern end of
the infill building. These areas would be covered but would not
be enclosed; the glazing and kickboards would be omitted from
these areas, but they would otherwise be detailed as the other
shops in the courtyard. Because these covered areas are at
natural grade, they would not count in FAR calculations.
Upon agreement by the Planning Office that the FAR square footage
is not increased from that existing, we should be able to proceed
to HPC for final HPC review for the infill building and remaining
exterior changes for the Collins Block, assuming that the Board
of Adjustment reaffirms its prior approval regarding the open
space hardship on September 7.
608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone: 303 925-6866
0
•
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
September 6, 1989
Page Two
In order to clarify the intent of the second issue which you
raise in your letter, it has always been our assumption that any
future development which increases FAR above that existing would
have an affordable housing obligation under the provisions of
§8-104B.1.c, as amended by Ordinance 16/89.
For the Collins Block, the afforable housing obligation under
Ordinance 16 for an enlargement at 1.5:1 FAR would be 60% of the
employee generation for commercial use or 35% of total population
for residential use. Since the Ordinance is not specific as to
how to perform the calculation when more than one use is
involved, I have anticipated that the uses of the new FAR space
would be compared to the old to develop a percentage to be
calculated at the residential rate and at the commercial rate.
The basement space shouldn't enter into this consideration since
one of the major incentives granted to owners of Landmarks under
Ordinance 16 was that mitigation was not required for non -FAR
space.
When Ordinance 16 was drafted, we did not incorporate very
specific language about enlargements of Landmarks which exceed
the FAR allowed by right and therefore fall under Special Review;
I have assumed, however, that the affordable housing obligation
for any additional FAR space above 1.5:1 must be based on the
requirements for the uses proposed and that 60% of the space must
be deed -restricted.
On a related topic, I recently received a verbal clarification
from Leslie Lamont (who had spoken with Alan) that when
affordable housing is provided on -site in order to qualify for
bonus square footage under special review, such housing can be
used to meet a housing obligation created by other provisions of
the Code.
As you may know, we have a building permit application on file
for the basement space and the renovation of the Collins Block.
Final HPC approval has previously been granted for the Collins
Block renovation. We are proceeding on the basis of our prior
discussions that a building permit can be issued for construction
of the basement and Collins Block renovation once any Building
Code issues are resolved. In light of the particularly fragile
condition of the building at the present time, we need to be sure
0
0
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
September 6, 1989
Page Three
that there are no obstacles (other than the Building Code) to
prevent Harley from obtaining a permit to begin construction of
the basement and to renovate the Collins Block.
The building permit application has been on file for several
weeks now, so we need to address any additional issues as quickly
as possible to avoid any further delay in the issuance of the
building permit. Give me a call at 925-8080, if we need to
discuss this further.
Sincerely,
Jp'seph Wells, AICP
JW/b
DOMMUS & weLLs
an association of land planners
September 6, 1989
Roxanne Eflin
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
Dear Roxanne:
Enclosed is our revised Final HPC Submission for the east wall
of the Collins Block and the infill building. As we discussed,
the rear shop spaces in the infill building are not enclosed in
order to eliminate FAR square footage so that we can qualify for
GMQS exemption by the Planning Director and proceed to building
permit. When we file for the balance of the project, storefronts
identical to those shown previously will be proposed for these
shops.
In light of the present condition of the building, it is crucial
that we be able to proceed to permit, so that the building can be
enclosed prior to winter. After meeting with you yesterday,
Harley expressed concern that because the elevator is in the
infill building and since it is probably required to serve the
basement, that we may be prevented from getting a building permit
if HPC is unable to approve the infill structure until the third
week in October.
Do we have any alternatives at this point?
ds,
oseph Wells, AICP
JW/b
wo east nyman avenue o aspen, colorado 81611 ❑ telephone: 303 925-6866
0 •
FINAL HPC DEVELOPMENT PLAN REVIEW
AND GMQS EXEMPTION REQUEST
FOR THE COLLINS BLOCK PHASES II AND III
September 6, 1989
TABLE OF CONTENTS
Page
I. INTRODUCTION I
II. FINAL DEVELOPMENT PLAN REVIEW OF SIGNIFICANT 3
DEVELOPMENT WITHIN THE COMMERCIAL CORE
HISTORIC DISTRICT INVOLVING AN HISTORIC
LANDMARK (§7.601F.4)
A. A Written Description of Proposal 3
B. General Application Requirements (§6-202) 5
C. An Accurate Representation of All Major 10
Building Materials
D. Architectural Drawings 10
E. A Statement of the Effect of the Proposal 11
on the Design of the Historic Structure
F. A Statement Regarding Conformance to 11
Conceptual Approval, Including Any
Conditions
III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR 14
FROM GMQS PROCEDURES FOR AN HISTORIC
LANDMARK (§8-104A.1.b)
E
•
I. INTRODUCTION
This application, filed on behalf of Harley Baldwin Associates,
requests Final Development Plan approval by the Historic Preser-
vation Commission for the east wall and rooftop addition to the
Collins Block (Phase II) and for the adjacent infill building
(Phase III), located on the north 80 feet of Lots A, B and C,
Block 88, Aspen Townsite.
The Collins Block was constructed in 1892. It has served as a
rooming house and a commercial building, housing from time to
time a mortuary, a hardware store, and other retail establish-
ments. The building is a designated Landmark structure with a
rating of "Excellent" and is listed on the National Register of
Historic Places.
The building presently includes approximately 11,500 square feet
on the 7,200 SF site. Existing FAR square footage is 10,297
square feet and net leasable is 9,371 square feet. Under
separate cover, a request for verification of the existing square
footage has been filed with the Planning Office.
As a result of the removal of the existing structures in the yard
area, the project as proposed in this submission results in a net
reduction in FAR square footage of 22 square feet, to 10,275
1
• 0
square feet. Net leasable space is increased by 6,607 square
feet, to 15,978 square feet as a result of the full basement to
be constructed under both the existing building and the infill
structure.
The applicant intends to pursue in a future application an
increase in the existing FAR square footage of approximately
2,000 square feet through the addition of a second -floor loft
addition internal to the existing Collins Block structure and
enclosing of additional shop space in the infill building. These
future additions will not require any further exterior
modifications of the building other than the addition of shop
storefronts identical in appearance to those illustrated in this
submission, as illustrated in the original final submission filed
in July.
In order to complete the review process necessary for these
additions, however, applications must be filed for review by the
Planning & Zoning Commission and City Council. Because the time
involved in processing these reviews would preclude completion of
any of the proposed modifications to the building in time for
tenant occupancy by the winter season, the applicant proposes to
proceed with final HPC review for the exterior changes as
proposed in this submission.
0a
II. FINAL DEVELOPMENT PLAN REVIEW OF SIGNIFICANT DEVELOPMENT
WITHIN THE COMMERCIAL CORE HISTORIC DISTRICT INVOLVING AN
HISTORIC LANDMARK (§7-601F.4)
A. A Written Description of Proposal
As previously discussed during the review of the Phase I renova-
tion proposal, the applicant intends to preserve and to restore
the existing street facades and all of their elements. Deterio-
rating or hazardous conditions which presently exist are being
remedied through the work that is presently underway on the
building. The sidewalk loggia, which was added to the Mill and
Hopkins Street facade for pedestrian protection in 1963, is being
retained.
The east side of the building was originally designed and con-
structed assuming that a separate building would be constructed
on the adjacent parcel and therefore does not exhibit the
detailing of the street facades. In fact a one-story structure
was previously located on Lot C in the past.
Along the upper east facade of the building the applicant pro-
poses to continue the existing street parapet detail. A
sandstone cornice course is proposed to be added to the street
facade parapets to conceal the third floor structure from view
3
0
and to strengthen the vertical termination of the facades.
The proposed structure remains well below the Main Street
Mountain View Plane as a result of the reduction of the rooftop
addition to only 14" above the parapet.
In the area of the existing yard area, the applicant proposes to
replace the existing commercial space with small shops accessed
by a courtyard off of Monarch Street (Phase III). The
storefronts of these shops will incorporate elements of the
adjacent building in their design to create an imaginative space
which will benefit pedestrian activity on Hopkins Street. The
shop fronts will be painted wood in muted Victorian tones (as
illustrated on the attached information) and awnings and fixtures
typical of the period will be included.
The paving materials for the courtyard will be of a herringbone
brick pattern with margins of exposed aggregate concrete.
Landscaping will be limited to potted plants, hanging baskets and
window -box planters because of the intimacy of the plaza space.
4
0
0
B. General Application Requirements (§6-202)
I.
Completed
application form is attached
as Exhibit 1.
2.
Applicant's
letter of consent in attached
as Exhibit 2.
3.
The address
and legal description for
the parcel are
stated on
the application form (Exhibit
1).
4.
Disclosure
of ownership is attached as
Exhibit 5.
5.
A vicinity
map of the subject parcel is
attached as
Exhibit 3.
6. Compliance with relevant review standards [§7-601(D)]
The project complies with the review standards of the Land Use
Code, as follows:
a. "The proposed development is compatible with
designated historic structures on the parcel and with development
on adjacent parcels."
The applicant's proposal to restore the Collins Block storefront
and upper facade (Phase I) has been highly commended by the
Planning Office and has received final approval by the HPC.
Damage to the architectural details is presently being repaired,
surfaces cleaned, and the original glass and hardware are being
retained.
5
0 0
The rooftop addition (Phase II) has been limited to 14" above the
parapet as approved conceptually and is set back from the two
street facades a minimum of 15 feet.
The detailing of the infill building (Phase III) has been
simplified as required at conceptual review to be more compatible
with the historic Collins Block.
b. "The proposed development is consistent with the
character of the neighborhood."
Phase II received conceptual approval subject to no rooftop
access and further study of the east facade. The revised east
elevation submitted with this application reflects changes
resolved with the HPC Subcommittee subsequent to Conceptual
approval.
Staff previously suggested that the infill structure's storefront
is appropriate in scale. Staff recommended the use of a
combination of principal facade materials, not just rusticated
sandstone, and the use of a more simplified parapet and window
treatment and these recommendations have been incorporated in the
proposal.
0 •
The courtyard concept previously approved has been retained,
incorporating small storefronts accessed through a central arch at
the Monarch Street sidewalk.
C. "The proposed development does not detract from
the cultural value of designated historic structures on or
adjacent to the site.
As previously recommended by Staff, every attempt has been made
to maintain the Collins Block in its current form without
significant alteration which might negatively affect the
character of the historic structure.
The Planning Office has previously supported the role the infill
structure will play in the district and in this block of Hopkins
Street. The block presently has little continuity in setbacks
and the infill project will help reestablish such continuity.
The sculpture garden in mid -block provides this block with ample
"open space", in Staff's opinion.
d. "The proposed development does not diminish or
detract from the architectural integrity of designated historic
structures on or adjacent to the site."
Concerns
raised previously during
conceptual review by
Staff
regarding
the third floor addition
and the infill building
have
7
• 0
been addressed through a significant reduction in the height of
the third floor addition and through a simplification of the
detailing of the infill building.
e. Applicable Secretary of the Interior Standards
The Planning Office previously referred to a number of national
guidelines in its review of the proposal. While these comments
generally focused on the impacts of the third floor addition,
some of those comments are also relevant to elements of this
proposal:
i. "Every reasonable effort shall be made to
provide a compatible use for a property which requires minimal
alteration of the building, structure, or site and its environ-
ment, or to use the property for its originally intended
purpose."
The rooftop addition as approved has now been reduced to such a
degree that it represents a minimal alteration of the building.
A one-story infill structure is proposed for the vacant lot
currently used as a lawn and garden center. Staff has found that
this addition will require minimal alteration to the Collins
Block structure and meets this standard.
E:3
0 i
ii. "Contemporary design for alterations and
additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant
historical, architectural or cultural materials, and such design
is compatible with the size, scale, color, material, and
character of the property, neighborhood or environment."
The storefront restoration activity proposed in Phase I will
repair and replace deteriorating elements and has received final
approval from the HPC.
The proposal for the infill building (Phase II) previously
incorporated a very traditional "Victorian" storefront design
which was too elaborate for this one-story structure in Staff's
opinion. The applicant has restudied the facade to incorporate
compatibly -scaled features in the design.
A small detached one story structure previously occupied this
vacant lot and there was relative consistency in the relationship
to the sidewalk of structures along this block of Hopkins.
iii. "Whenever possible, new additions or altera-
tions to structures shall be done in such a manner that if such
additions or alterations were to be removed in the future, the
essential form and integrity of the structure would be
unimpaired."
0
0 •
The height of the rooftop addition as approved by HPC has been
reduced to 14" above the existing parapet and set back from the
street facades a minimum of 15 feet.
The more ornamented design of the previously proposed infill
structure has been simplified in order to not compete with the
Collins Block. The proposed materials are brick and sandstone
tiles, painted wood kickplates and windows, fixed transoms and
small divided sidelights surrounding the storefront windows.
C. An Accurate Representation of All Major Building Materials
Samples of the sandstone tile and brick to be used for the infill
building, as well as trim colors proposed were included with the
final submission originally filed in July.
D. Architectural Drawings
Architectural drawings of the Phase I project as approved at
Final Development Review and Phase II and III as approved
conceptually are attached as Exhibit 4.
10
0
0
E. A Statement of the Effect of the Proposal on the Desiqn of
the Historic Structure
Refer to IIA, Written Description of Proposal and IIB6,
Compliance With Relevant Review Standards.
F. A Statement Regarding Conformance to Conceptual Approval,
Including Any Conditions
The HPC granted Final Development Plan approval for the renova-
tion of the Collins Block (Phase I) on May 10. Approval was
granted conditioned on the following:
1. Submission by the applicant and approval by staff of
the written guarantee addressing structural damage due
to proposed foundation repair, prior to the issuance of
a building permit. The applicant has submitted a
revised guarantee for the City's consideration and a
building permit has been issued by the City.
2. Original arched transom glass panes in the Collins
Block are to be retained as required.
3. Mortar will be repointed where necessary in exact
duplication of the existing detail as required.
11
0
LJ
4. An additional condition of final approval required
further study of the east wall. The applicant has
worked with a subcommittee including Bill Poss, Don
Erdman and Roxanne Eflin to resolve the detailing of
this facade.
Four small arched windows are proposed in the recess to provide
light and ventilation for the second floor loft and two larger
windows are proposed in the northern portion of the wall closest
to Hopkins as shown on the east elevation.
Brick from the original east wall, badly damaged by roof
drainage, have been carefully removed and stored for use in the
rebuilding of the facade.
On May 24,
the HPC granted Conceptual
Development approval to the
rooftop changes
necessary for the
proposed second floor loft
addition
(Phase
II). Conditions
of approval included no
pedestrian
access
to the roof (which
has been precluded in the
plans) as
well
as further restudy
of the east elevation, as
discussed
above.
This application requests Final Development approval of these
exterior changes; approval of the second floor loft addition
internal to the building will be requested under a future
submission to the Planning and Zoning Commission.
12
0
0
The infill structure proposed for Lot C (Phase III) received
Conceptual Development approval from the HPC on May 24. The
following conditions were included with the approval:
1. Detailed information as to how the existing and the new
structure are joined. The infill building will be set
back approximately 2" from the plane of the Collins
Block facade to distinguish between the two elements.
Brick has been selected as the predominant masonry
building material for the infill facade with sandstone
to be used only as an accent meterial. Refer to the
architectural drawings of Hopkins Street facade and
detail of the infill building street elevation.
2. Samples of building materials to be used, specifically
the sandstone and brick proposed, are being submitted
with this application.
3. Proposed colors of the new facade are shown on a color
board included with the July submission (Exhibit 6).
4. A line drawing at 1/2" = l' -0" of the street facade of
the infill building is included with the architectural
drawings.
13
0
•
III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR FROM GMQS
PROCEDURES FOR AN HISTORIC LANDMARK (§8-104A.1.b)
GMQS exemption procedures for historic landmarks have been modi-
fied recently by the adoption by City Council of Ordinance 16 and
Ordinance 27.
Under the provisions of S8-104A.1.b(2) as amended by Ordinance
27, the project is eligible for exemption from GMQS review by the
Planning Director. Although the project results in an increase
in net leasable square footage (from 9,371 square feet to 15,978
square feet) because of the added basement space, the project's
floor area ratio remains the same as a result of this application
(1.43:1).
The chart on the following page lists the square footages of the
existing and proposed development for the site under this
submission.
14
EXISTING
Accessory
Comm'l (Stor., Mech.,
Lot Size & Office & Circ.) Res'l Total
PARCEL A 7,200 SF
(N.
80' of
ots
A, B, C
ock
88 )
A.
Basement
B.
First Floor
C.
First Floor Loft/
Mezzanine
D.
Second Floor
E.
Second Floor Loft
TOTAL:
FAR:
Non -Far:
Net Leaseable:
Above -Grade:
Below -Grade:
1,200 - 1,200
5,188 -- - 5,188
90 486 -- 576
- 440 4,093 4,533
5,278 2,126 4,093 11,497
5►278 926 4,093 10,297
(1.43:1)
- 1,200 - 1,200
5,278 - 4,093 9,371
5,278 -- 4,093 9,371
Accessory
(Stor., Mech.,
Comm'1 & Circ.) Res'l Total
6,407
838
--
7,245
5,210
532
-
6,274
-
172
4,361
4,533
---------
(Future
Submission)
-------
11,617
1,542
4,361
17,520
5,210
704
4,361
10,275
(1.43.:1)
6,407
838
-
7,245
11,617
--
4,361
15,978
5,210
--
4,361
9,571
6,407
--
--
6,407
F,XHIB1T 1 ; •
Wrim USE APPLICATION Ili
1)
Project Name
COLLINS
BLOCK pRO,TpcT
2)
Project- Location
204 S.
Mill Street, Aspen, CO 81611
_(North 80' of
Lots A,
B and
C, Block
88 Aspen TownGi )
( indicate street
address,
lot & block number,
legal description where
appropriate)
3)
Present Zoning
cc
4) Lot Size 7,200 sf
5)
Applicant's Name,
Address
& Phone
# Harley
Baldwin Associates
205 S. Galena
Street,
Aspen,
Colorado
81611 (303) 920-1800
6) Representative's Name, Address & Phone # Joseph wells
180 Midland Park Place, F-2, Aspen, Colorado 81611 (303) 925-8080
7) Type of Application (please dick all that apply) :
Conditional Use
Special Review
8040 Greenline
Stream Margin
Mountain View Plane
Qondomi n i um i zation
Lot SplitjLot Lime
Adjustment
Final SPA X Final Historic Dev_
Final FM Iistoric Demolition
Subdivision Historic Designation
Trap Ammxtnent GM cS Allotment
X ,GMQ6 Ex�ti.cn
8) Description of . Rdst in Uses (number and type of exist -in �;
apprcocimate sq. ft. ; number of bedrooms; any previous approvals granted to the
property)
Basement accessory space - 1,200 sf
1st Floor & Loft commercial = 5,764 sf-
2nd tioor residential - 4,533 s
FXi--+-i g f_ntai srglare footage - ia_497 s-F (Io,247 rAR sf)
9) Description of Development Application
Final Historic Development Review for Phase II and III
CMS Exemption by Planning Director
Total proposed square footage of 17,520 sf (10,275 FAR sf)
10) Have you attached the following?
X Response to Attadment 2, Minin um S(mission Oontents
X Response to Attadmk-_nt 3, Specific submission axitents
X Response to Attadmient 4, Review Standards for Your Application
THE BRAND •
EXHIBIT 2
September 6, 1989
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
Dear Tom:
This letter is to confirm that I am the record owner of the
Collins Block, Block 88 Aspen Townsite. We have requested that
the attached application be prepared on our behalf.
Joe Wells will be our representative in Aspen during the City's
review of this submission.
Sincerely,
Harley Baldwin
President
Harley Baldwin Associates, Inc.
EVE!
Enclosure
205 S. GALENA ASPEN, COLORADO 81611
303.920.1800 FAX 303.920.3602
� 1
I ' �
-x
EXHIBIT 3
MAIN ST
7904.7 x
x
BANK OF ASPEN 1
- -I
PKINS AVE
m
x7905.4
I'--
Q
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1
v J
I
J
x 7908.
x 7909.0
COLLINS 3
BLOCK
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•
:-COLLINS -B L.00K
Storef-ront-.-Ng 1
•
Collins 61 ock Storefront No _2
0
•
C_o-IIins _-Block __- _- __ _ _ Storefront No 3
0
Collins Block Storefront N94
E. HOPKINS AVE.
(noo )
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c-rIC I -.
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3
of �
ALLEY BLOCK 88
CENTIFIr,nl -
- - '.'i4p DOES Esv Cf9Tlf� iw•t twl5 IAS:VEr N.9 GI[LO
_ _ _ 1989 P� I��C 6ROlMD OF THE
-' tES�. IfED MFJiErw. .Nb (S IG T Iplr THE
II—
_ rFL rr0
SIwI��v LING
-, _':Ittc..olDm wfrw� <MDM v.lrE
-__- ,;F wEr; ..a _ II `�•.. ` • � rwLurLN�s r.- FkrOND
K UPI
NOTICE: ACCOrtD INO TO cOLORAW L r011 —T CDI•ENCP
ACT tON (w5E0 IFON u DEFECT IN T.I. SURVEY w(TwIN T— vEAH9
qF T- rdl I— DISCOVER BUPr DEFECT. N NO EVENT. NR
fl[rIDN eo9EDF UFd+ .N DEFECT IN Tw 19 9URVEr 9E CpNrENCEDTI—E
iHaN TEN VEINS fROn iwE DATE p THE CERT IFIC.iI- S)O.r w ON.
E
o -r_
TORY R
c
Sou k�i--
1f•tT;v. __. -E__- rNlpEp Pv -IS
_P91.T,s n=5E0 Cl_ :_ 1 'LOG: .E rit•r, pl5r.
_ E •,oc_..Ens*--ewNrn uLock nl
P-I4IH IT-1
�N �3�04'I1'W)--_-J`O.L=ONO. IL
IMPRCVEMENT SURVEY
HARLEY eALDVVIN
Th. DorN to fa.t of Lot, �A. 3 64 C. Zjock'00, City +nd T—IIit. of
..p.a 1— 11.9 —, Cocci.. of .+id Lot C tonr.yw hT p.11 C1.1• D..d
e•<o"" is Dock I.T +c nw. 125 If PS tkla C..aty k.cocd.l
aed + f.rc•1 d... rlI-4 u.
-'-1.9 +t cote.: So. 3 which 1• the S.......t I,—, of Lot D 1.
.lo.k .. of the city and Tew..l[. of A.p... ..d eh. Swehw..t Wr•.r of
Loc It In .+Sd Dloct th.oc. r.minp •long ch. South .00.d of Lot D 1.
..—ly dlr.ctl.. . dl.ta.c1 of 21 f•.c to Corn•r So. x.
'b...rov.lh9 1. . k.c[N•rly dlr..tio. parallel to the W.t S"VA•"
or .+56 Lot a . dl•t.ac. of x0 f"t to Cor.•r N 1.
[Lent. rmalnE S. u G.[.rly direction p•r.11.l a — S—h So..d—F
of ..ld Lo[. a end If. dllt..ce 11 11 f.eL to Corner t.. 1, th•vo.
ra.niW 1.. S.ath.,Iy dl—tio. pat+l l•1 t. the [.•t h..nd•eT Of —14
Lot D . dl.cur• oe x0 feet to corn•: No. 5. th..--la9 Sv
erly d....... +.....k. South D.oud+n of ..id Lot D . a— or
1T tnt to Coraei Do. 3, the pl.c..df h•;1-1.9:.
end
Th. !oath wvt Ty 1x0) Teat of ll. L..c Th3r.••n I..) t«c of Lot
l.t[er•S 1n Dlo— 5.. Glty II d TONe.lte.b{ Upea:
end
The S h Tw•aty (x0) f.ee of the If— —ty Flw (25) f— of Lot
l.et•r•d 'D• la Dlock .I, C1ty end Towaaxt. of-
m.T.-W,: e13L1
czW Aka —.ITs Or AS'-,
COORT Of FITIIS,
STAID Of COLOM ' 7�A.AMiy
rn;..=
.bsPen $I,rvey Engineers, Inc.
210 S. 6ALCN+ ST. _
1-0..Or 230.
.3.... COL 0R+00 .I.II
13011 St 5-3.1.
•
•
JOB NO. 19022
CITY OF ASPEN
MEMO FROM ALAN RIC \HMAN
e�,e Q.Q-.L�
--- —.... EXHIBIT 5
f"rCulded atM •-pL
�-110'dock l f
tic,rrtion No ri r 7 r
170
SILVIA DAVIS PIiKIN COUNTY RECORDER~
\ 3 WARRANTY DC17D
r'. •{ THIS DF,F.D, Mader this
f:c t hardware 6 Supply Comparry, iI).C. aof March, 1997, bn•wenn A�prn
n Count Colorado Corporation of th U1',•r J y of Pltkin and State of Colorado, Grantor, uid Marl.•
Baldwin wliO3e 1egA1 address or rho Brand Nui1,lrn•7. 1'1', ':nurh
CdIena, Aspen, Colorado 91r,11 , t the rr,unty of I :'x;,; fr.,,! ;, r,,f of Colorado, Grantor.:
rf Cl
a
}r,
is
" WITNESSET11, thAt the r :raptor frrr .11,d In onslri••ratSun ••r •!..
sum of Ten Dollars and other ,land and valu•+biu ^onaideraU on, ,
receipt and sufficiency of r.-.
whtch Is hereby acknowledged, :ii•r granted, bargained, sold and conveyed, and by theory presents •7nr
grant, bargain, sell, convn� and confirm, unto The Grantee, tIr;
heirs and assigns forever, all the real property t,rgethr•r ..,:•n
Improvements, if any, situate, lying and being in thn County
Pitkin and State of Coloraco dencrrtrerf .is follows:
The real property descrlboci ^n Exhibit A attached
hereto and incorporatnd heroin by rhl" reference
as known by street 'Ind ;irrmL,rr r p1 ;oath `tltl ;troet, Aspen
Colorado.
TOGETHER with a 11 rn:far hn horn+,1+ t amens s rr. i
appurtenances thereto helorl,7ir"1. ,r in anywi.e appertaininq, ,and
the reversion and reversion':, r•,maindor Ind remainders, rent.,
Issue* and profits thereof, ind .ill t:,e e5fate, right, titlr+,
Interest, claim and demand •,andtsoevpr of th,• .r rntor, either ;n
law or equity, of, in and to' • hn .ibnvr+
the hereditaments and app,.0 t on un ry • harq.r r earl premt .o., with
TO HAVE AND TO HOLD Urn lard pt. r.m;
described, with the appurtennr.^o.,- r;i, above berg, need rr.a
and ssaigns forever. And the ':rantr;r, t•.r h,Y grantee, hrs heir ;
personal representatives, duos cuvenar, leis, its rI fl. and
agree to and with the Granten, hla heir.^, inri7T;ar(tl.r,rhartl,'rlIt tlRp
time of the enseeling and dollvnry )f these pre.cnts. 1t
noised of the premises above r-onveyed has goorl, . we!!
absolute and indefeasible e Gt,:are, pprfoct,
,,tn of inheritance, in law .n fen
Simple, and has good right, full power end lawful ,iutr ry to
grant, bargain, Bell and convoy the name in manner ant! rrm As
aforesaid, and that the same nro free arid 71ear from All former
and other grants, bargains, sal.,n, Ilons, taxes, 19nosrment3,
encumbrances and restrictions of what.evnr kind or nature "cover.
except taxes due and payable for 1989 and Aubeoqu.,rit y—%r-; Any
tax, epeclsl aseenament, -barge or lien axing (it!" r act illy
sed illy r r
Ii
sewer service or for any •,ther special ti1 r•)r
and subsequent yeAre; reservations contained In :reed from !h.,
City Of Aspen ns follows: no title shall be harehy Ar•,r.rlre,i t,
any mine of gold, sliver, clnnnbnr or copper r,r to .Illy vali,l
mining claim or possension held under nxi.ting lawn, .is .t f,rl!i
+ <a
F%! ! f
in instruments recorded In llor,k 79 at Page 32, in nook 59 at Pogo
9071 any lees or damagoe As A result of Ordinance No. 11 (Series
Of 1987) which repeals and reenact" Section 24-9 of the Municipal
Code, titled, Historic nesignntJon,
The Grantor shall And will WARRANT AND FOREVER DEFEND the
above -bargained promisee In the quiet And peaceable P099e061on of
the Grantee, his heirs and BRAAyns, Against ell and every person
or persona lawfully claiming the whole or any part thereof;
provided, however, that the Receiver executing this Doed on
behalf of Grantor shall have no personal liability for any claim
by
whatsoever his successors
soAssigns undertills DeedandGrantee, his succes infor any
rs reaancl
assigns shall have recourse only against Aspen Hardware and
Supply Company, Inc. a9 Grantor hereunder. The aingulnr number
shall include the plural, the plural the slnrlulAr, and the uge of
any gender shall be Applicable to all genderr..
IN WITNESS WHEREOF, th+• Grantor hAs exec-utecl t.hic deed on
the date not forth above.
ASPEN HARDWARI AN() SUPPLY COMPANY,
INC., n Colorado, Corporation
fl •j
C-
R,,hert nmh, Rc,ceivr±r
+
STATE OF COLORADO )
i'
COUNTY OF PITKIN
+
Subscribed and sworn to before mt• thrf "rr f 1999, by Aspen Hardware and Supply C'ompnn} day oMarch,
Inc., A Colorado
Corporation by Robert Camp, Receiver.
Witness my hand and official
f .
My commission expires: 1C 1'-f
L1Ls+
i r.(� e
Notary Publf Y C
.r
i,
VV
. �-P 2,
Ar
EXHIBIT "A" TO WARRANTY DEED
n.
lbo Worth 80 foot of Lots A. I and C. Block Be, City and Townsite or
&$pea (oloopting that portion of Sold Lot C conveyed by Quit Claim Dowd
r000rded In look 247 at Page 420 of Pitkin County Records)
ad's retool described all
lialml at Corner No. I which Is the Southeast corner of Lot 0 In
hz ft,sf the City and Townsits at Asptn, end the soothweet Corner 01
.$&jd $look these@ ranging along the South Boundary of Lot 0 1.
;11 41ijelign a distance of 14 toot to Corner No. 1,
j1pajall'im a Northerly dirsitlem parallel to the West Boundary
#;Mt1X,* diotgpgo of so toot to Corner No. 3.
14#1160 Is in as lasterly direction parallel to the South Boundary
$ad j & distance of 41 feet to Corner We. 4, thence
;&.0satherly direction parallel to the test boundary of'sold
Was** at $0 toot to Corner No. S. thence running Is a
#Ireotlon along the South Boundary of said Lot I a distance of
Career we. 1, the place of beginning;
and
$get% loosty (10) feet of the last Thirteen (13) feet of Lot
In Block 40. City and Townelte of Aspen:
end
r.I? pt South Twenty feet of the (SO) East Twenty rive (23) feet of Lot
lettered 10, In Block So, City and Townsit# of Aspen.
V AND TOWN8ITR Of AS/IN,
44UNIT or VITRIN,
"-VIATI Of COLORADO
• 0.
0
The north 80 feet of Lots A, B and C. Block 88, City and Townsite of Aspen
(excepting that portion of said Lot C conveyed by Quit Claim Deed recorded in
Book 287 at Page 425 of Pitkin County Records).
And a Parcel Described as:
Beginning at Corner No. 1 which is the Southeast corner to Lot D in Block Be
of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said
Block thence running along the South Boundary of Lot D in a Westerly direction
a distance of 24 feet to the Corner of No. 2, thence running in an Easterly
direction parallel to the South Boundary of said Lots D and E a distance of 41
feet to Corner No. 4, thence running on a Southerly direction parallel to the
East boundary of said Lot E a distance of 20 feet to Corner No. 5, thence
running in a Westerly direction along the South Boundary of said Lot E a
distance of 17 feet to Corner No. 1, the place of beginning;
and
The South Twenty (20) feet of the East Thirteen (13) feet of Lot lettered "E"
in Block 88, City and Townsite of Aspen;
and
The South Twenty (20) feet of the East Twenty Five (25) feet of Lot lettered
"D" in Block 88, City and Tox.-nsite of Aspen.
P 1 Ti: l N COUNTY, COLORADO
•
•
SCHEDULE A
Date of Policy: March 20, 1989 at 4 :51 P.M.
Amount of Insurance $ 2, 700, 000. 00
1. Name of Insured:
HARLEY BALDW IN
GF No. d00368-0
2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
HARLEY BALDWIN
-t. The ►and referred to in this policy is described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A FART HEREOF.
TIIe USA In su rnnce ,,,irnnriri„n I J01 •A:I,n :I _, „,i l,le, i., .,,s �!i:0?
.:.rn l.urd fide :•uniUdbnn Owner'i Pnbcv - nnn 0 IR••v 10 17 70 .Intl 3J0-841 .. w.,.•rn�4 4 Form 100A G— 25MIBEH
SCI-Ei.ULE A - continued 'Folic,/ No. 0157924
Order No. 40036e-0
The land referred to in this policy is situated in the State of Colorado,
County of Pitkin , and is described as follows:
PARCEL A:
The North 80.00 feet of Lots A, B and C, Block 88, CIT'f AND
TOWNSITE OF ASPEN,
EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the
Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425.
.PARCEL B :
Beginning at Corner No. 1 which is the Southeast corner of Lot D
in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest
corner of Lot E in said Block 88;
thence running along the South boundary of said Lot D in a
Viesterly direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20.00 feet to Corner Vo. 3;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet to Corner
i•b, 4;
thence running in a Southerly direction parallel to the East
boundary of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary
of said Lot E a distance of 17.00 feet to Corner No. 1, the place
of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet
of Lot E, Block 88, CITY AND TCWNSITE OF ASPEN.
PARCEL D:
The South -hventy (20.00) feet of the East twenty five (25.00)
feet of Lot D, Block 88, CITY AND TOWNSITE OF ASPEN.
This Policy does not insure against loss or damage by reason of the following:
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.
POLICY NC. 0 1 c_241
Order No. 400368-0
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec-
tion of the premises would disclose and which are 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. Taxes due and payable; and any tax, special assessments, charge cr lien imposed for
water or sewer service, or for any other special taxing district.
6. Restrictions, as contained in the Deeds from M. G. Miller, as County and Probate
Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Pace 307, and
March 28, 1891, in Book 79 at Page 32, providing substantially as follows:
"That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or
copper or to any valid mining claim or possession held under existing laws and
subject to all the conditions, limitations and restrictions contained in Section
2386 of the Revised Statutes of the United States."
7. Encroachments by (a) the two-story brick building on Parcel A onto E. Hopkins
Avenue, S. Mill Street and property immediately adjoining Parcel A on the South,
and (b) the one-story "C.M.U." building. on Parcels B, C and D onto the alley in
Block- 68 and property immediately adjoining Parcels B, C_and D on the North and
'Nest, as evidenced by Survey No. 19022 of Aspen Survey Engineers, inc. dated
February 6, 1989.
8. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County for the
use of Central Bank of Aspen, N.A., to secure ;2,300,000.00, dated 'Aarch 20, 1989,
and recorded March 20, 1989, in Bcok 588 at Page 173.
9. Assignment of Rents recorded March 20, 1989, in Book 588 at Page 188, given in
connection with the above Deed of Trust.
10. Security interest under the Uniform Commercial Code affecting subject property,
notice of which is given by Security Agreement and Financing Statement, from
Harley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded
March 20, 1989, in Book 588 at Pace 192, and filed March 20, 1989 at Filing No.
12305.
�lorman E. Larkins
Authonzed countersignature
USA Insuran% . C,orporn
Endorsement
Attached to and forming a part of
Policy No 0157924
Order No. 400368
Issued by
Title USA Insurance Corporation
Exception No. 5 is hereby amended and modified in its entirety to read as follows:
5. Taxes and assessments for the year 1989 and subsequent years.
Exceptions 1 through 4 are hereby deleted.
In all other respects, said Policy remains the same.
This endorsement is made a part of the policy or commitment and is subject to all 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 or commitment and prior endorsements, if any, nor does it
extend the effective date of the policy or commitment and prior endorsements or increase the face amount
thereof.
Dated: Marrh 7Q, 1 t
Title USA Insurance Corporation
Prevdenr & Chief Executive officer
�r �.• •. �9
sEAL a�
'•: E•%A?•''N0r1r
Arrest. Secr nary
'r
Issued of �
Norm n E. Larkins
Aurhowed Counrersicrviture
To USA Insurance Corporion
EpTITLE Commitment
=6SA"'for Title Insurance
Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor;
all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy
or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed
as of the effective date of Commitment shown in Schedule A.
Title USA Insurance Corporation
By
President
Jp�ANCE
�5. '' cog Attest: SEAL i n W
J•.
r'r'.•.'.. x!;S••'a° Secretary
Countersigned
",�~'-'Authorized Signatory
G106 (11 /88)
ALTA COMMITMENT TO INSURE (19711
. N iC'1 2S '-1C'-r -3,
11cilClis "IcGrath Andrew '/. 'Hec",T, 7-3-q.
J. Nicholas McGrath, P.C. SCHEDULE A John D. LaSalle, Esq.
600 E. Hopkins, Suite 203 Mr. Robert C. Camp
aspen, Colorado 81611 Leonard '-i. Cates, Esq.
llerbert S. Klein, Esq.
Customer Reference: Aspen Hardware 3 SupDly
Inquiries should be directed
GF No. 400368-C2 to Norman E. Larkins
NL/nl
1. Effective date: March 20, 1988 at 7:00 A.,M.
2. Policy or Policies to be issued: Amount
(a) i] ALTA Owners Policy — Form — 1970 3_2.,ZDD,_DOQ_DD
Proposed Insured: i1ARLEY BALDW I N
(b) _J ALTA Standard Loan Policy, 2,300,000.00
Coverage — 1970 S__
Proposed Insured: CENTRAL BANK CF ASPEN, N.A. , and/cr Assigns
3. The estate or interest in the land described or referrea to :n :his Commitment 9no covered herein ;s:
FEE
1. 71110 :o said estate or interest !n paid 'and :s at ine ?ifective Sate ereof iestec: .
ASPEN HARDWARE 3 SUPPLY COMPANY, 'NC.,
a Colorado corporation
5. The land referred to in this Commitment is located in the County of ? i 1-k i n
State of Colorado and described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF.
Owner's Premium: S 4,432.00
Lender's Prm ium: $ 80.00
Add II Charges: $ 796.40
Tax Certificate: S 30.00
TOTAL CHARGES: S 5,338.40
AMEMCAN LAND TITLE ASSOCIATION COPY111G11T 1971 InEY.i
•
�C:;E--LLI - _ r. ; ' nueC ;rder No. 400368-C2
Plat I.D. No.
Covering the Land in the Stata of Colorado, County of Pitkin
Described as:
PARCEL A:
The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF
ASPEN,
EXCEPT that portion of said Lot C conveyed by Tlnnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit
Claim Deed recorded May 22, 1974, in Book 287 at Page 425.
PARCEL B:
Beginning at Corner No. 1 which is the Southeast corner of Lot D in
Block 88 of the CITY AND TOWNSITE OF ASPEN, and the Southwest corner of
Lot E in said Block 88;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West boundary
of said Lot D a distance of 20.00 feet to Corner No. 3;
thence running in an Easterly direction parallel to the South boundary
of said Lots D and E a distance of 41.00 feet to Corner No. 4;
thence running in a Southerly direction parallel to the East boundary
of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary of said
Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot
E, Block 88, CITY AND TOWNSITE OF ASPEN.
PARCEL D:
The South twenty (20.00) feet of the East twenty five (25.00) feet of
Lot D, Block 88, CITY AND TOWNSITE OF ASPEN.
•
�'C. ,,: ; l_ 3
•
I. The following are :he requir^menu 'c �: cmpli:.
1. Instruments necessary to create the estate or interest 'e ce insured must oe properly executed,
delivered and duly filed for record.
2. Payment of the consideration for the estate or interest to be insured.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises. which
are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are
completed: that contractor, subcontractors. labor and materialmen are all paid.
5. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware 8 Supply Company, Inc. for the use of The Bank of
Aspen, to secure $1,200,000.00, dated April 10, 1987, and recorded
April 10, 1987, in Book 533 at Page 299. (Affects Parcel A)
6. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware d Supply Company, Inc. for the use of The Bank of
Aspen, to secure $300,000.00, dated Apr i I 10, 1987, and recorded
April 10, 1987, in Book 533 at Page 305. (Affects Parcel A)
7. Termination Statement of Financing Statement from Aspen Hardware d
Supply Company, Inc., et al, debtors, to The Bank of Aspen, secured
party, recorded April 21, 1987, in Book 534 at Page 94 under Filing
No. 10753, as amended by instrument recorded July 12, 1988, in Book
568 at Page 627 under Filiing No. 11742.
8. Termination Statement of Financing Statement from Aspen Hardware 8
Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen,
secured party, recorded May 22, 1987, in Book 537 at Page 418 under
Filing No. 10841, and re -recorded August 8, 1988, in Book 570 at Page
491, as amended by instrument recorded July 12, 1988, in Bock 568 at
Page 628 under Filing No. 11743.
9. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware 3 Supply Company, !nc. for the use of Thomas J.
Sardy, to secure $80,000.00, dated June _, 1987, and recorded June
1, 1987, in Book 538 at Page 166. (Affects Parcels B, C and D)
10. Release by the Public Trustee of Pitkin County of the Deed of Trust
from Aspen Hardware 3 Supply Company, Inc. for the use of The Bank of
Aspen, to secure $60,000.00, dated May _, 1987, and recorded June 2,
1987, in Book 538 at Page 247. (Affects Parcel A)
11. Withdrawal by the Public Trustee of Pitkin County of the Notice of
Election and Demand recorded August 4, 1988, in Book 570 at Page 161,
and in connection with the foreclosure of the Deed of Trust
identified in Requirement No. 6 above.
12. Certified copy of Findings of Fact, Conclusions of Law and Order
entered by the District Court in and for Pitkin County, Colorado on
March 14, 1989, in that certain action entitled Robert R. Skinner,
Plaintiff, Y. John R. Beatty, et al., Defendants, Civil Action No.
88CV88.
(Continued)
Commltmeni No. 40036E. -C'
REQUIREMENTS - continued
13. Deed from Robert Camp, as Receiver for Aspen Hardware & Supply Company,
Inc., a Colorado corporation, to Harley Baldwin, all in a form and
substance acceptable to the Company or its duly authorized agent.
14. Evidence satisfactory to the Company or its duly authorized agent either
(a) that the "real estate transfer tax" imposed by Ordinance No. 20,
(Series of 1979), of the City of Aspen, Colorado has been paid, and that
the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b)
that a Certificate of Exemption has been Issued pursuant to Section 7
thereof.
15. Deed of Trust from Harley Baldwin to the Public Trustee of Pitkin County
for the use of Central Bank of Aspen, N.A., to secure 2,300,000.00.
16. Certificate of Dismissal issued by the Clerk of the Court of that certain
action entitled Harley Bald►, -in, Plaintiff, v. Aspen Hardware and Supply
Company, Inc., a Colorado corporation, and John R. Beatty, Defendants,
Civil Action No. 89CV39, in the District Court in and for Pitkin County,
Colorado, the Notice of Lis Pendens recorded March 2, 1989, in Boot; 586 at
Page 952.
17. Evidence satisfactory to the Company or its duly authorized agent that the
Letter Agreement between John R. Beatty, as President of InterRealty Corp.,
and Don Siegel/Sieco Inc. recorded January 19, 1989, in Book 584 at Page
36, Is disputed, and will be resolved by and through the District Court in
and For Pitkin County, Colorado pursuant to the Order entered on March 14,
1989, and contemplated by Requirement No. 12 above. Such evidence need not
be recorded.
18. Evidence satisfactory to the Company or its duly authorized agent, whereby
parties acceptable to the Company agree to undertake and continue the
defense of any and all claims, demands, actions, causes of action and
appeals in that certain proceeding identified in Requirement No. 12 above.
Such evidence need not be recorded.
tic_11LDLILL G-II
is
order No. 400368-C2
II. Schedule 6 of the pollc} or policies to he Issued wili contain exceptions to the lollowing matters unless the same are
dlS�)osed of to the satisfaction of the Company.
1. Rights or claims of parties in possession no: shown by the public records.
2. Easements or claims of easements. not shown by the public records
3. Discrepancies. conflicts in boundary Imes. shortage In area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, it any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
Exceptions numbered
are hereby omitted.
6. Taxes due and payable; and any tax, special assessments, charge or IIon
imposed for water or sewer service, or for any other special taxing district.
7. Restrictions, as contained in the Deeds from M. G. Miller, as
County and Probate Judge, to E. B. Collins recorded January 23,
1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at
Page 32, providing substantially as follows:
"That no title shall be hereby acquired to any mine or gold,
silver, cinnabar, or copper or tc any valid mining claim or
possession helc under existing laws and subject to all the
conditions, limitations anc: restrictions containe, ir, Section 2386
of the Reviser StatuTes of the United States."
8. Encroachments by ia) the two-story brick building on Parcel A onto
E. Hopkins Avenue, S. Mill Street and property immediately
adjoining Parcel f, on the South, and (b) the one-story "C.M.U."
building on Parcels B, C and D onto the alley in Block 88 and
property immediately adjoining Parcels B, C and D on the North and
West, as evidenced by Survey No. 19022 of Aspen Survey Engineers,
Inc. dated February c, 1989.
9. Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions between Aspen Hardware & Supply Company, Inc., a
Colorado corporation, as Seller, and Harley Baldwin, as Purchaser,
recorded January 11, 1989, in Book 583 at Page 229.
NOTE: Exception No. 9 above will be deleted upon compliance with
Requirements No. 12 and 13 under Schedule B-I of this Commitment.
THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN
EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE
ENCLOSED FORK OF "FINAL AFFIDAVIT AND AGREEMENT" IS PROPERLY
EXECUTED AND ACKNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO
THE COMPANY OR ITS DULY AUTHORIZED AGENT.
(Continued)
I
_.l.l,: 7,'..t 15'-. (F:F
•
•
Commitment No.400368 -C 2
EXCEPTIONS - continued
THE LOAN POLICY, WHEN ISSUED, WILL
RESPECT TO EXCEPTION NO. 8 ABOVE,
HOWEVER, THAT APPLICABLE SCHEDULED
$796.40 ARE PAID TO THE COMPANY OR
CONTAIN ENDORSEMENT FORM 103.2 WITH
AND ENDORSEMENT FORM 100, PROVIDED,
CHARGES IN THE AGGREGATE AMOUNT OF
ITS DULY AUTHORIZED AGENT.
` • 0
Aspen/Pitkin Planning Office
130 southgalena street
aspen','col'orado 81611
August 10, 1989
Andrew B. Hecht
Garfield and Hecht
601 E. Hyman, Suite 201
Aspen, CO 81611
Dear Andrew:
I have reviewed the material which Joe Wells submitted with
respect to obtaining a GMQS exemption for the Collins Block
Building. In reaching my conclusions, I have held discussions
with Alan Richman and Fred Gannett regarding the questions of
phasing and floor area. Following is a summary of our position.
1. In terms of the issue of phasing, we have determined that it
is appropriate for you to submit what you have referred to
as "Phase 11'. If "Phase 1" meets the criteria for
Director's sign -off, then I can sign -off on "Phase 1" based
upon Ordinances 16 and 27. At this time it appears that
"Phase 1" will not qualify for the Director's sign -off
because both Floor Area and Net Leasable commercial square
footage are being increased.
2. If, however, you develop a plan which is eligible for the
Director's sign -off, then as a condition of that action
staff will require that any future development on the site
will be reviewed and impacts assessed based on the prior
increase in net leasable commercial area and not from the
residential development.
3. In terms of floor area for the sheds, shelves and overhangs
on the east portion of the property, the Planning Office has
determined that the only area eligible to be counted as
existing floor area is the 529 s.f. metal shed. The loft
area in the metal shed is not eligible to be counted as
floor area because it does not meet the Building
Department's standards for habitation; and further, it has
been a consistent Planning Office policy that areas which
cannot be accessed in a normal fashion are not considered
floor area.
0 •
All other areas can, at best, be considered decks at natural
grade or at, worst, do not meet the dictionary definition of
decks. Neither of these situations can be considered area. It has been a floor
consistent Planning Office policy to
consider decks as countable floor area only if the deck is
more than 30 inches above natural grade.
Clearly, we are all in a difficult position because the
structures attached to the building have been demolished. We are
aware that Bill Drueding verified the structures in question, but
at that time the applicant and staff had not come to any
agreement as to how the area contained within the structures
would be evaluated. As a result, staff is faced with having to
verify these structures after the fact with unclear photographs.
If you can provi us with additional information concerning this
matter, please contact us.
In conclusion, since we can only verify 529 s. f. in the outdoor
area, the proposal as currently submitted increases both FAR and
net leasable commercial FAR. The applicant must, therefore,
either amend the development proposal or submit an application
for P&Z review of the GMQS exemption. Please let us know whether
we can assist you in pursuing either of these options.
Sincerely,
^��y��vY►�r9 � �a�
Thomas M. Baker
Acting Planning Director
collins.letter
August 10, 1989
Andrew B. Hecht
Garfield and Hecht
601 E. Hyman, Suite 201
Aspen, CO 81611
Dear Andrew:
I have reviewed the material which Joe Wells submitted with
respect to obtaining a GMQS exemption for the Collins Block
Building. In reaching my conclusions, I have held discussions
with Alan Richman and Fred Gannett regarding the questions of
phasing and floor area. Following is a summary of our position.
1. In terms of the issue of phasing, we have determined that it
is appropriate for you to submit what you have referred to
as "Phase 111. If "Phase 1" meets the criteria for
Director's sign -off, then I can sign -off on "Phase 1" based
upon Ordinances 16 and 27. At this time it appears that
"Phase 1" will not qualify for the Director's sign -off
because both Floor Area and Net Leasable commercial square
footage are being increased.
2. If, however, you develop a plan which is eligible for the
Director's sign -off, then as a condition of that action
staff will require that any future development on the site
will be reviewed and impacts assessed based on the prior
increase in net leasable commercial area and not from the
residential development.
3. In terms of floor area for the sheds, shelves and overhangs
on the east portion of the property, the Planning Office has
determined that the only area eligible to be counted as
existing floor area is the 529 s.f. metal shed. The loft
area in the metal shed is not eligible to be counted as
floor area because it does not meet the Building
Department's standards for habitation; and further, it has
been a consistent Planning Office policy that areas which
cannot be accessed in a normal fashion are not considered
floor area.
All other areas can, at best, be considered decks at natural
grade or at, worst, do not meet the dictionary definition of
decks. Neither of these situations can be considered floor
area. It has been a consistent Planning Office policy to
consider decks as countable floor area only if the deck is
more than 30 inches above natural grade.
Clearly, we are all in a difficult position because the
structures attached to the building have been demolished. We are
aware that Bill Drueding verified the structures in question, but
at that time the applicant and staff had not come to any
agreement as to how the area contained within the structures
would be evaluated. As a result, staff is faced with having to
verify these structures after the fact with unclear photographs.
If you can provi us with additional information concerning this
matter, please contact us.
In conclusion, since we can only verify 529 s.f. in the outdoor
area, the proposal as currently submitted increases both FAR and
net leasable commercial FAR. The applicant must, therefore,
either amend the development proposal or submit an application
for P&Z review of the GMQS exemption. Please let us know whether
we can assist you in pursuing either of these options.
Sincerely,
Thomas M. Baker
Acting Planning Director
collins.letter
9
0
Aspen/Pitkin Planning Office
130 south galena street
aspen, colorado 8fief 1241 1989
Mr. Joe Wells
Aspen, Co., 81611
Dear Joe,
I have reviewed the materials submitted by you on behalf of
Harley Baldwin with respect to the Collins Block GMQS Exemption.
Because of the extreme complexity of the issues, I have also met
with Tom, Roxanne and Leslie to review the findings with respect
to your submission. Following is a summary of our position.
1. Upon review of the submission, it is now apparent to us what
was being requested by breaking the application into two
phases. Under the Phase I scenario submitted to us, the
project does not increase its FAR, only its net leasable
square footage. However, once Phase II is submitted, both
FAR and net leasable will be increased. The latter activity
is subject to P&Z review, the former to Planning Director
review only. It is inappropriate for staff to sign off on
Phase I, without looking at Phase II since newly adopted
Ordinances 16 and 27 specifically required phased
development to be reviewed cumulatively. Therefore, the
application for Planning Director approval is hereby denied.
2. It is staff's opinion that prior to submitting the
application for P&Z approval of the GMQS exemption, approval
must first be obtained from the Board of Adjustment for the
proposed open space configuration.
3. Following review of the materials submitted for verification
of the outdoor "storage and merchandising area", staff's
opinion is that the space does not qualify as "net leasable
commercial area". Although this issue will, of course, be
finally determined by P&Z in its review of the application,
we wanted the applicant to be aware of our position during
preparation of a complete application.
If you require additional staff input in putting together the
application for P&Z review of the GMQS exemption, please do not
hesitate to ask.
Si cerely,
Alan Richman, AICP
City Planning Specialist
0
•
Aspen/Pitkin Planning Office
130 south galena street
aspen, colorado 81th", 1989
Mr. Joe Wells
Aspen, Co., 81611
Dear Joe,
I have reviewed the materials submitted by you on behalf of
Harley Baldwin with respect to the Collins Block GMQS Exemption.
Because of the extreme complexity of the issues, I have also met
with Tom, Roxanne and Leslie to review the findings with respect
to your submission. Following is a summary of our position.
1. Upon review of the submission, it is now apparent to us what
was being requested by breaking the application into two
phases. Under the Phase I scenario submitted to us, the
project does not increase its FAR, only its net leasable
square footage. However, once Phase II is submitted, both
FAR and net leasable will be increased. The latter activity
is subject to P&Z review, the former to Planning Director
review only. It is inappropriate for staff to sign off on
Phase I, without looking at Phase II since newly adopted
Ordinances 16 and 27 specifically required phased
development to be reviewed cumulatively. Therefore, the
application for Planning Director approval is hereby denied.
2. It is staff's opinion that prior to submitting the
application for P&Z approval of the GMQS exemption, approval
must first be obtained from the Board of Adjustment for the
proposed open space configuration.
3. Following review of the materials submitted for verification
of the outdoor "storage and merchandising area", staff's
opinion is that the space does not qualify as "net leasable
commercial area". Although this issue will, of course, be
finally determined by P&Z in its review of the application,
we wanted the applicant to be aware of our position during
preparation of a complete application.
If you require additional staff input in putting together the
application for P&Z review of the GMQS exemption, please do not
hesitate to ask.
Si cerely,
Alan Richman, AICP
City Planning Specialist
E
0
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
July 12, 1989
Joe Wells
130 Midland Park Place, F2
Aspen, CO 81611
RE: Collins Block GMQS Exemption
Dear Joe,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is not complete.
Following is a list of the items we require to complete the
application:
1. Detailed floor plan drawings so that we can correlate
existing and proposed areas to your table which shows
the square footages.
2. For those areas which are in dispute as to their
commercial status, verifiable proof of their prior
commercial use.
If you have any questions please call Alan Richman. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
ds
0 E;�IBIT 1 •
LAND USE APPLICATION F M
E
1) project Name COLLI'.S BLOCK PR0,7FC'T
2) Project IDcation 204 S. Mill Street, Aspen, CO 81611
(North 80' of Lots A, B an! C, Block 88 Aspen T(Ywnsite)
(indicate street address, lot & block runber, legal description pttion where
appropriate)
3) Present Zoning CC 4) I of Size 7,200 sf
5) Applicant's Name, Address & Phrne # Harley Baldwin Associates
205 S. Galena Street, Asper., Colorado 81611 (303) 920-1800
6) Representative is Name, Address & Fume I Joseph Wells
180 Midland Park Place, F-2, Aspen, Colorado 81611 (303) 925-8080
7) q'pe of Application (please cliec k all that apply) :
Conditional. Use Cmceptual SPA Conceptual Historic Dev.
Special Review Final SPA X Final Historic Dev.
8040 Greenline Omoepbjal FUD Minor Historic Dev.
Stream Margin Final RID Historic Demolition
Mrxmt-.a.in view Plane Subdivision Historic Designation
Cax3ominiunizatian To t/14ap Amendment GM2B Allotment
Lot split i t Line X GMQS Ekeupti n
Adjustment
9) Description of . Existing Uses (number and type of eyisting structures;
approodmate sq. ft.; md:)er of bedrooms; any previox� approvals granted to the
• ••
Basement accessory space - 1,200 sf
1st floor commercial-5,696 sf + B28 sf loft space = 6,524 sf
ZnCL r resi en - s
9) . Description of Develapma* Appli+catien
Final Historic Development Review for Phase II and III
G QS Exemption by Planning Director
Total proposed square footage of 17,495 sf (10,250 FAR sf)
10) Have you attached the follo 6ne-
X Re:q o e to Attactmat 2, Ri n i m nn Submission Contents
X Response to Attacbme t 3, :)ecifis S Lmiscion Contents
X Response to Attadme t 4, view Standa-rcds for Your Application
FINAL HPC DEVELOPMENT PLAN REVIEW
c ANYGAQS EXEMPTION REQUEST
FOR THE COLLINS BLOCK PHASES II AND III
0
Ll
III. REQUEST FOR EXEMPTION BY THE PLANNING DIRECTOR FROM GMQS
PROCEDURES FOR AN HISTORIC LANDMARK (§8-104A.1.b)
GMQS exemption procedures for historic landmarks have been modi-
fied recently by the adoption by City Council of Ordinance 16 and
Ordinance 27.
Under the provisions of §8-104A.1.b(2) as amended by Ordinance
27, the project is eligible for exemption from GMQS review by the
Planning Director. Although the project results in an increase
in net leasable square footage (from 10,365 square feet to 15,900
square feet) because of the added basement space, the project's
floor area ratio is reduced as a result of this application (from
1.54:1 to 1.42:1).
The chart on the following page lists the square footages of the
existing and proposed development for the site.
14
i
THE BRAND
EXHIBIT 2
June 30, 1989
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Tom:
This letter is to confirm that I am the record owner of the
Collins Block, Block 88 Aspen Townsite. We have requested that
the attached application be prepared on our behalf.
Joe Wells will be our representative in Aspen during the City's
review of this submission.
Sincerely,
�CGr" `
&winley Ba d
President
Harley Baldwin Associates, Inc.
HB/b
Enclosure
205 S. GALENA AsPEN, COLORADO 81611
303,920.1800 FAX 303.920.3602
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EXHIBIT 3
MAIN ST x7905.4
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7904.7 x x 7908.
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BANK OF ASPEN J I ISIS
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The north 80 feet of Lots A, B and C. Block 88, City and Towr._:te of Aspen
(excepting that portion of said Lot C conveyed by Quit Claim :eed recorded in
Book 287 at Page 425 of Pitkin County Records).
And a Parcel Described as:
Beginning at Corner No. 1 which is the Southeast corner to Lo; D in Block 8E
of the City and Townsite of Aspen, and the Southwest Corner of Lot E in said
Bloch thence running along the South Boundary of Lot D in a Vesterly direction
a distance of 24 feet to the Corner of No. 2, thence running in an Easterly
direction parallel to the South Boundary of said Lots D and E a distance of 41
feet to Corner No. 4, thence running on a Southerly direction parallel to the
East boundary of said Lot E a distance of 20 feet to Corner 1;:. 5, thence
running in a Westerly direction alonb the South Boundary of sE d Lot E a
distance of 17 feet to Corner No. 1, the place of beginning;
and
The South Twenty (20) feet of the East Thirteen (13) feet of lzt lettered "E"
in Block 88, City and Townsite of Aspen;
and
The South Twenty (20) feet of the East Twenty Five (25) feet c_` Lot lettered
"D" in Block 88, City and Townsite of Aspen.
P I TK I N COUNTY, COLOP.ADO
EXHIBIT 5 _ _ _ r •. Y
_ 1�/
fecutirdat ` 4 �O'clock
LM ' �y •)��
• It.,rCtion No � � , .� � x_
d a SKVIA DAVIS PITKIN COUNTY RECORDER
f N NARRA.•:Tf DCEC
THIS DEED, made this day of March, 19��, between As
1 t Hardware F rat
Supply Company. Inc., a Colorado Cow Pre
t-•-4 County of Pitkin and State of Colorado. Grar�od larlt
Baldwin chose legal address i'r The Brand Bu:. i:r,•1• 2Uy
Galena, Aspen, Colorado 816,1 : the "ounty •;t x;;, .ind
c� of Colorado, Grantee:
a �•
�v
WITNESSETH, that tho .rantor for and :n ccra:dr.ration
sum of Ton Dollars and other gnod and viluaole = nei derdt io:: w
receipt and sufficiency of which is hereby a`knowledged.
granted, bargained, sold and cnnveyed, •ind by these presents i,•,
grant, bargain, sell convey and confirm, into -he Grantee.
heirs and assigns forever, all the real proper!. together
ieprovewonts, if any, situate, lying and ooing :n the County
Pitkin and State of Colorado described as follows:
The real property described .n Exhibit A attached
hereto and incorporated heroin by ^,1s reference
as known by street and numter t:: -'03 :o•,th •"I.. ;tract, aspen
Colorado.
TOGtTHER with a l ! r ..i 7_:l a: ::e h-7-1, t anent s inl
appurtsnances thereto be;u,lrre•;. r in invwisa a;pr:r!ainlrq, it
the reversion and reversion•:, r—a index lnl remainders, rents.
Issues and profits thereof, inu t;. -:,e estate, right, tl,:«.
Interest, Claim and demand ndtscever •h•• ,r.,tor, either
law or pally, of, in and to -r.e ionv.+ ,.ir; r;n� premises, .i r:
the hereditamenta and appur t r:, tn,-� .
TO NAVE AND TO HOLD -he ;ail pry-. s aticv barg.•.,,ed ir-
described, with the appurtenance; in• r-.o ;r;-.'ee, his her:,
and assigns forever. And the -ranter, r .ts9;: its hey �q, inc
personal representatives, cups cuvena:t, gran- nar'l..n, Ar.1
agree to and with the Grantee, his heirs ind ass;-n.4. t:.,• it
tine Of the onsealing and delivery 3f these presents. it s wel:
seised Of the premises above conveyed, has good cure, perfec•,
abeplute and indefeasible estate of inheritance. in law n fe-
010010, and has good right, full Power and law:u: autr ly to
giant, baryain, Sell and convey the same :n twan-.er anti ,rm as
alcsasalA, and that the as" are free and clear iron all former
said other grants, bargains, sa:••s, liens, taxes, amsessmonts.
WkWobrw4es and restrictions of whatever kind cr nature soever,
esCept lases due and payable for 1989 and subset_••nt yeir-�: any
tax, spacial asseaaament, charge or lien imposed for r r
sever service or for any ether special taxing die, t ict 1„r 1 :•� 1
and subsequent years; reservations contained in ')eed from !t,,,
City Of Aspen as follows: no title shall be hereuy arr aired t.-
any aline of gold, silver, cinnabar or copper c: to .,••y vilr;l
mining claim or possession held under existing lac;• as ..t [•nth
�-
� � ^n j-Car =�;4 � ,,,,�� ai5. ��"� `, r' 7 'J�!Q
•l-<6'
.�,. _ r: ` `••-•ar�:,f....�.. �. a `�. '?w. ;:
Y:• � ..
!
4.1
•
'ass CE1 i1
LA loetrvmsats recorded in Book 79 Page
"
at 32, in nook S9 at page
3WO any less or damages as a result of Ordinance No. 11
(Series
Of 1997) tdtich repeals and reenacts Section 2/-9
of the Municipal
Code. titled, Historic D9219nation.
_
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t
The grantor shall and w111 WARRANT AND IOREVTR DEFLW7 the
above -bargained premises 1n the quiet end
Sall band
t3�
the Grantee, his heirs and aas,gns, against everf persper o•
on
or persons lawfully claiming the whole or any part thereof;
provided, however, that the Receiver
executing this Deed on
behalf of Grantor shall have no personal liability for any claim
by Grantee, his
successors or assigns arising for any ressor f
whatsoever under this Deed and Grantee, his
successors an,!
assigns shall have recourse only against Aspen Hardware and
Supply Company, Inc.
§71
as Crantor hereunder. The singular nuatm,
shall lnclu0s the plural, the plural the singular,
and tr�n use of
any gender shall be applicable to all genders.
r
IN WITNESS WHEREOF, thr• Grants: has Pxesuted th:r. deaf c:
the date set forth above.
ASPEN HARDWARI. Arai% SUPPLY COPSDAN•Y,
INC., a Coloradc Corporation.
`
S�
ReCeivTr -- ----
STATE OF COIARADO
cs.
COUNTY OF FITRIN
Subscribed and sworn, to before mF thin day o' March,
199l, by Aspen Hardware and Supply Compan; Inc., a Co:orado
/ +
Corporation by Robert Camp, Receiver.
91thoss sy hand and official sea:.
y_
1
Pat
My commission expires: __'' `�• —
Notary
!t�
40
OA*
2XIMISIT TO WARXAM D93D
The north SO feet of Lots A, a and C. $look 98. City sad Toossits Of
aspen josesetial that portion at meld Let C 69119`970d by Quit CIOIS Dead
31
jCitords d is Book gel at page 4gj of pitkin Covety Records)
Ali 6 petal described sot
-A
&j Career No. I whisk is the southeast corner of Lot 0 1&
UjhS City cad TooseIts at Also*. end the ts*tbwsst corner of
the south Boundary of Lot D 12
94 ' 19619 theses passing along
distssqs of $4 flat to terser N*. 1.
Northerly direstles parallel to the Went Boundary
a
1 4 two of to feet to career so. S.
gastorly direstlion parallel to the Booth $09 dart
dieu&$* of 41 feet to Corner 119. 4. these:
djrq@tjsa parallel to the test boundary of'8614
Arlvkejqathirly
swboe-vt to feet to corner No. 5, theses reaslag Is a
&19&g the south Boundary of said Lot 9 a distance of
4i.04,11"tfagis
Carter No. 1, the place of boginalagi
4
.to
and
t.
c,"jig"g,ty jgqj test or the lost ThIrtoom (13) test Of Lot
Is# or 1% fleck so. City and Towns Ito of Aspen:
and
-6Vtbtq@Mtj (go) feet of the test Twenty flee (33) feet of Lot
*jfA#"4*q* in glook go. city and Townsito of Aspen.
NJ
IMP"
8
1:7 .ear . '
SCHEDULE A
Date of Policy: March 20, 1989 at 4 ::1 P.M. GF No.=00368—C
Amount of Insurance $ 2,700,000.00
1. Name of Insured:
HARLEY GALDW IN
2. The estate or interest in the land described herein and which is covered by this po; f is: (a fee, a leasehold, etc.)
FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
HARLEY BALDWIN
». '. `�e land referred to in this policy is described as follows:
LEGAL DESCRIFTION SETT FORTH ON SHEET ATTACHED HERE- AND BY THIS
DEFERENCE INCCRPORATED HEREIN AND MADE A PART HERE=.
'tie USA Insurance _a,00rat.o-1301 Nan St.. --arias. Teas ,,5:o2
SCH—[::LH .� - cone!nued
Policy No. 0157524
Order No. 400368-0
The land referred to in this polic- ' is situated in the State of Colorad:,
County of Pitkin , and is described as follows:
PARCEL A:
The North 80.00 feet of Lots A, B and C, Block 88, CIT'f AND
TCWNSITE OF ASPEN,
Ei(CEPT that portion of said Lot C conveyed by Tinn ie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the
Quit Claim Deed recorded May 22, 1974, in Book 287 at Page 425.
.PARCEL B:
Beginning at Corner No. 1 which is the Southeast corner of Lot D
in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest
corner of Lot E in said Block 88;
thence running along the South boundary of said Lot D in a
Westerly direction a distance of 24.00 feet to Corner No. 2;
thence runninc in a Northerly direction parallel to the West
boundary of said Lot D a distance cf 2C.00 feet to Corner Vo. 3;
thence running in an Easter!y direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet to Corner
i''.o . 4 ;
thence runninc in a Southerly direction parallel to the East
boundary of said Lot E a dis=ance of 20.00 feet to Corner No. 5;
thence runninc in a ;r'ester!y direction along the South boundary
of said Lot E a distance of 17.O0 feet to Corner No. 1, the place
of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (1-7.00) feet
of Lot E, Block 88, CITY AND TCWNSITE OF ASPEN.
PARCEL D:
The South twenty (20.00) feet of the East twenty five (25.00)
feet of Lot D, Block 88, CITY ANID TCWNSITE OF ASPEN.
• EC.:EDUL_ 3 M
POLICY NC. J ;
CrCer `.c. 400368-0
This Policy does not insure against loss or damage by reason of the following:
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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct surrey and inspec-
tion of the premises woL:'d disclose and which are 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. Taxes due and payable; and any tax, special assessments, charge or lien imposed fcr
water or sewer service, or for any other special taxing district.
5. Restrictions, as contained in the Deeds from M. G. Miller, as Ccunty and Probate
Judge, to E. 2. Collins recorded January 23, 1888, in Book 59 at Pace 307, and
laarch 28, 1891, in Book 79 at Page 32, providing substantially as follows:
"That no title shall be hereby acquired to any mine cr gold, silver, cinnabar, or
copper or to any valid mining claim or possession held under existing laws and
subject to ali the conditions, limitations and restrictions contained in Section
2386 of the Revised Statutes of the United States."
7. Encroachments by (a) the two-story brick building on Parcel A onto E. Hopkins
Avenue, S. MM Street and property immediately ad,cining Parcel A on the South,
and (b) the c-e-story "C.M.U." building on Parcels S, C and D onto the alley in
Stock 68 and property immediately adjoining 'arcels 3, C_and D on the Ncrth and
:test, as evidenced by Survey No. 19022 of Aspen Survey Er.c i reer_, Inc. dated
February 6,
8. -need of Trust from Harley Caldwin ,-o lie Pubiic 7rug ee of Pi kin County for the
use of Central Bank of Aspen, N.A., to secure `2,30C,OOC.00, dated 14arch 20, 1989,
and recorded Narch 20, 1989, in Book 588 at Page 17,3.
9. Assignment of Rents recorded lurch 20, 1989, in Bock 588 at Pace 188, given in
connection with the above Deed of Trust.
10. Security interest under the Uniform Commercial Code affecting subject property,
notice of which is given by Security Acreement and Financing Statement, from
rarley Baldwin, debtor(s), to Central Bank of Aspen, N.A., secured party, recorded
March 20, 19E9, 1n Book 588 at Pace 192, and filed March 20, 1989 at FiIing No.
12305.
Mormar E. Larkins
AuVwaw wun9e1'sgnatum
r.surGrc, �,crNcr�r
Endorsement
Attached to and forming a part of
Polic% No 0157924
Order No. 400368
Issued by
Title USA Insurance Corporation
Exception No. 5 is hereby a7ended and modified in it: entirety tc ^ead as follows:
5. Taxes and assessments fcr the year 1989 and subsequent years.
Exceptions 1 through 4 are Hereby deleted.
:n all other respects, said -olicy remains the same.
This endorsement is made a part of t-e policy or commitment and is subject to ail the terms and pro. sions
thereof and of any prior endorsemer5 thereto. Except to the extent express-. stated, it neither mccifies
any of the terms and provisions of t-e policy or commitment and prior endorsements, if any, nor ::es it
extend the effective date of the polic: or commitment and prior endorsements :r increase the face a -•cunt
thereof.
Dated: Marrh 20, 1 QRQ
Title USA Insurance Corporation
Pres,denr & Chmf frecunve officer
.•• ••. 4
=
_
BE 02
AL:��
Z`.
arrest secr nary
r
I'i
slued Jr
Norm n E. Larkins
. whon:ed counrrr c"Iu e
110e USA Insurance Corpor*on
fo P-0 TI TL ECommitment
�.USA for Title Insurance
Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor --
all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the faiure to issue such policy
or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed
as of the effective date of Commitment shown in Schedule A.
Title USA Insurance Corporation
By
Ic
President
vlkANCf
�y .......:.09 Attest
`'i1•.,�f i►?. �� Secretary
Countersigned
•. "-"Auth&ized Signatory
G106 (11 J881
•
•
. N icno i as *k:Grafh
J. Nicholas McGrath, P.C.
ECC E. Hopkins, Suite 203
.aspen, Colorado 81611
.. Nicno. 2s `Ac,-'r37.)
Andrew 7. Hec #T, Esq.
SCHEDULE A John D. LaSalle, Esa.
Mr. Robert C. Camp
Leonard M. Cate-s, Esq.
Herbert '<: ein, Esq.
Customer Reference: Aspen Hardware 3 Supoly
Inquiries should be directed
GF No. 400368-C2 to Norman E. Larkins
NL/nl
1. Effective date: March 20, 1988 at 7:00 A.M.
2. Policy or Policies to be issued: Amount
(a) F� ALTA Owners Policy — Form — 1970 $—, a00.ono-o0
Proposed Insured: HARLEY BALDW I N
2, 300, 000.00
(b) ALTA Standard Loan Policy, Coverage — 1970 3
Proposed Insured: CENTRAL BANK CF ASPEN, N.A. , and/or Assigns
3. The estate or interest in the !and described or referred to :n :his Commitment 3na ccvered herein ;s:
FEE
i. ;t:a :o said estate or interest !n said !and 's at me -?ifecrive :ace ereor •/ester
ASPEN HARDWARE 3 SUPPLY 0CMPANY, !NC.,
a Colorado corporation
5. The land referred to in this Commitment is located in the County of ? 1 tk i n
State of Colorado and described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF.
Owner's Premium: S 4,432.00
Lender's Premium: S 80.00
Add' I Charges: S 796.40
Tax Certificate: S 30.00
TOTAL CHARGES: S 5,338.40
S»FIIW.111 1 111" -171 - -n,1111111- ...1. .
,:r Jer No. a00=c8-012
r;at i.D. No.
Covering the Land in the State of Colcraco, OcunTy of ritkin
Described as:
PARCEL A:
The North 80.00 feet of Lots A, B and C, Block 88, CITY AND TOWNSITE OF
ASPEN,
EXCEPT that portion of said Lot C conveyed by Tlnnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the Quit
Claim Deed recorded May 22, 1974, in Book 287 at Page 425.
PARCEL B:
Beginning at Corner No. 1 which is the Southeast corner of Lot D in
Block 88 of the CITY AND TOWNSITE CIF ASPEN, and the Southwest corner of
Lot E in said Block 88;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West boundary
of said Lot D a distance of 20.00 feet to Corner No. 3;
thence running in an Easterly direction parallel to the South boundary
of said Lots D and E a distance of 41.00 feet to Corner No. 4;
thence running in a Southerly direction parallel to the East boundary
of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary of said
Lot E a distance of 17.00 feet to Corner No. 1, the place of beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet of Lot
E, Block 88, CITY AND TOWNSITE OF ASPEN.
PARCEL D:
The South twenty (20.00) feet of the East twenty five (25.00) feet of
Lot D, Block 88, CITY AND TOWNSITE OF ASPEN.
n
�C:-.:.__ 3-
0
I. The following are 'he requirements 'c t�e
1. Instruments necessary to create the estate or •nterest 'e oe in �rsd must oe prcperiy executed,
delivered and duly filed for record.
2. Payment of the consideration for 'he estate or 'Interest to be ins.:red.
3. Payment of a: taxes, charges, assessments, levied and assesses against subject premises. which
are due and payable.
4. Satisfactory evidence should be had that improvements and/ or repairs or alterations thereto are
completed: that contractor, subcontractors. labor and materialmen are all paid.
5. Release by the Public Trustee of Pitkin Count, of the Deed of Trust
from Aspen Hardware 8 Supply Company, Inc. for the use of The Bank of
Aspen, to secure $1,200,000.00, dated April 1C-, 1987, and recorded
April 1C, 1987, in Book 533 at Page 299. (Affects Parcel A)
6. Release by the Public Trustee of Pitkin Count. of the Deed of Trust
from Aspen Hardware b Supply Company, Inc. fcr the use of The Bank of
Aspen, to secure $300,000.00, dated April 10, 1987, and recorded
April 10, 1987, in Book 533 at Page 305. (Affects Parcel A)
7. Termination Statement of Financing Statement from Aspen Hardware d
Supply Company, Inc., et al, debtors ,
ebtors, to The sank of Aspen, secured
party, recorded April 21, 1987, in Book 534 at Page 94 under Filing
No. 10753, as amended by instrument recorded ;u I y 12, 1988, in Book
568 at Page 627 under Filling No. 11742.
8. Termination Statement of Financing Statement =rom Aspen Hardware 8
Supply Company, Inc. and John Beatty, debtors, to The Bank of Aspen,
secured party, recorded May 22, 1987, in Book 537 at Page 418 under
Filing ?.o. 10841, and re-recordec August 8, 1:38, in Book 570 at Page
491, as amended by instrument recorded July 1=, 1988, in Eock 568 at
Page 62E under Filing No. 1174;.
9. Release oy the Public Trustee zf Pitkin Count, of the Deec of Trust
from Aspen Hardware .' Supply Company, !nc. fo- the use of Thomas J.
Sardy, T:, secure S80,000.00, dates .;une 1:c7, ana recorded June
1, 1981, in Book 538 at Page 166. (Affects F-arcels B, C and D)
10. Release by the Public Trustee of Pitkin Count, of the Deed of Trust
from Aspen Hardware d Supply Company, Inc. for the use of The Bank of
Aspen, to secure 560,000.00, dated May _, 19?7, and recorded June 2,
1987, in Book 538 at Page 247. (Affects Parcel A)
11. Withdrawal by the Public Trustee of Pitkin County of the Notice of
Election: and Demand recorded August 4, 1988, :n Book 570 at Page 161,
and in connection with the foreclosure of the Deed of Trust
identified in Requirement No. 6 above.
12. Certified copy of Findings of Fact, Concluslons of Law and Order
entered by the District Court in and for Pltk;-t County, Colorado on
March 14, 1989, in that certain action entitled Robert R. Skinner,
Plaintiff, Y. John R. Beatty, et al., Defenda7ts, Civil Action No.
88CV88.
(Continued)
Commitment No. 40036S -C
REQUIREMENTS - coritinuet
13. Deed from Robert Camp, as Receiver for Aspen Hardware d Supply Company,
Inc., a Colorado corporation, to Harley Baldwin, all in a form and
substance acceptable to the Company or Its duly authorized agent.
14. Evidence satisfactory to the Company or its duly authorized agent either
(a) that the "real estate transfer tax" imposed by Ordinance No. 20,
(Series of 1979), of the City of Aspen, Colorado has been paid, and that
the Ilen imposed by Paragraph 9 thereof has been fully satisfied, or (b)
that a Certificate of Exemption has been Issued pursuant to Section 7
thereof.
15. Deed of Trust from Harley Be:dwin to the Public Trustee of Pitkin County
for the use of Central Bank cf Aspen, N.A., to secure 2,300,000.00.
16. Certificate of Dismissal issied by the Clerk of the Court of that certain
action entitled Harley Baldr:n, Plaintiff, v. Aspen Hardware and Supply
Company, Inc., a Colorado co-poration, and John R. Beatty, Defendants,
Civil Action. No. 89CV39, in the District Court In and for Pitkin County,
Colorado, the Notice of Lis Fendens recorded March 2, 1989, in Book 586 at
Paoe 952.
17. Evidence satisfactory to the Company or its duly authorized agent that the
Letter Agreement between Jot.,. R. Beatty, as President of InterRealty Corp.,
and Don Siegel/Sieco Inc. recorded January 19, 1989, in Book 584 at Page
36, is disputed, and will be resolved by and through the District Court in
and For Pitkir County, Colorado pursuant to the Order entered on March 14,
19F9, and contemplated by Re:uirement No. 12 above. Such evidence need not
be recorded.
18. Evidence satisfactory to the Company or its duly authorized agent, whereby
parties acceptable to the Company agree to undertake and continue the
defense of any and all claims, demands, actions, causes of action and
appeals in that certain proceeding identified in Requirement No. 12 above.
Such evidence need not be recorded.
• SCHEDULE 6-11
Oder N:,. 400368-C2
It. Schedule 6 of the policy or policies to he Issued wil. contain exceptions t_ the following matters unless the same are
dlSposed of to the satisfaction of the Company
1. Rights a claims of parlles In possession not shown by the pubh-- records.
2. Easements or claims of easements. not shown by the public records
3. Discrepancies. conflicts In boundary lines. snortage in area, encroachments, and any facts which a correct
survey and Inspection of the premises woulo disclose and whlcn are not shown by the public records.
4. Any lien. or right to a hen. for services, labor or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens. encumbrances, adverse claims or other matters. It any, created. first appearing in the public
records o• attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires c! record for value the estate or Interest or mortgage thereon covered by this Commitment.
Exceptions numbered
are hereby omined.
6. Taxes due and payable; and any tax, special assessments, charge or lien
Imposed for water or sewer service, or for any other special taxing district.
7. Restrictions, as contained it the Deeds from M. G. Miller, as
County and Probate Judge, to E. B. Collins recorded January 23,
1888, in Book 59 at Page 307, and March 28, 1891, in Book 79 at
Page 32, providing substantially as follows:
"Tha- nc title steali be hereby acquired tc any mine or gold,
silver, cinnabar, or copper or to any valid mining claim or
possession helc unaer exisTins laws and subject to all the
conditions, lions anc restrictions contsinef in Section 2386
of the Revised StaTures of the UniTed Stetes."
8. Encroachments b), ta) the two-story brick tuiiding on Parcel A onto
E. Hopkins Avenue, S. Mill Street and property immediately
adjoining Parcel f, on the South, and (b) the one-story "C.M.U."
buildinc or. Parcels B, C ano D onto the alley in Block 8F and
property immediately adjoining Parcels B, C and D on the North and
West, as evidenced by Survey No. 19022 of Aspen Survey Engineers,
Inc. dated February c, 1989.
9. Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions between Aspen Hardware S Supply Company, Inc., a
Colorado corporation, as Seller, and Harley Baldwin, as Purchaser,
recorded January 11, 1989, in Book 583 at Page 229.
NOTE: Exception No. 9 above will be deleted upon compliance with
Reau;remants No. 12 and 13 under Schedule B-I of this Commitment.
THE OWNER'S AND LOAN POLICIES, WHEN ISSUED, WILL NOT CONTAIN
EXCEPTIONS NO. 1, 2, 3, 4 AND 5 ABOVE, PROVIDED, HOWEVER, THAT THE
ENCLOSED FORM, OF "FINAL AFFIDAVIT AND AGREEMENT" IS PROPERLY
EXECUTED AND Ar.KNOWLEDGED BY THE PARTIES INDICATED, AND RETURNED TO
THE COMPANY 0P ITS DULY AUTHORIZED AGENT.
(Continued)
1
•
•
Comm}i-ment No.400368 -C 2
EXCEPTIONS - continued
THE LOAN POLICY, WHEN ISSUED, WILL
RESPECT TO EXCEPTION NO. 8 ABOVE,
HOWEVER, THAT APPLICABLE SCHEDULED
$796.40 ARE PAID TO THE COMPANY OR
CONTAIN ENDORSEMENT FORM, 103.2 WITH
AND ENDORSEMENT FORM 100, PROVIDED,
CHARGES IN THE AGGREGATE AMOUNT OF
ITS DULY AUTHORIZED AGENT.
ORDINANCE NO.
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
ASPEN LAND USE REGULATIONS TO PROVIDE INCENTIVES FOR THE ADAPTIVE
REUSE OF HISTORIC LANDMARKS
WHEREAS, Jack King, owner of the structure at 309 East
Hopkins, A/K/A, the Berko Building, has submitted to the City of
Aspen a privately initiated application for Code amendments; and
WHEREAS, the purpose of the proposed Code amendments is to
reduce the cost of affordable housing, parking and open space
fees which are applied to the renovation of designated historic
landmarks when additions or changes in use are proposed; and
WHEREAS, the Historic Preservation Committee held a work
session on January 24, 1989 to provide input on the Code
Amendments and made recommendations thereupon; and
WHEREAS, the Aspen Planning and Zoning Commission
(hereinafter, "The Commission") reviewed the applicant's proposal
and adopted Resolution 89-4, recommending amendments to the Aspen
Land Use Regulations to provide incentives for the adaptive reuse
of historic landmarks; and
WHEREAS, the Aspen City Council wishes to accept the
recommendations of the Commission by amending the Aspen Land Use
Regulations to provide incentives for the adaptive reuse of
historic landmarks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 8, Sec. 8-104 A.l.b, Exemptions, of Chapter 24 of
the Municipal Code of the City of Aspen, Colorado is hereby
amended to read as follows:
•
"i. General. Development which the Planning Director shall
exempt shall be as follows:
b. Historic Landmark. The enlargement or change of
use of an Historic Landmark intended to be used as
a commercial or office development which does not
increase the building's existing floor area ratio
or its net leasable square footage. The
enlargement of an Historic Landmark which develops
not more than one (1) residential dwelling or
three (3) hotel, lodge, bed and breakfast,
boardinghouse, roominghouse or dormitory units.
Enlargement which occurs in phases shall not
exceed these limits on a maximum cumulative
basis."
Section 2
That Article 8, Sec. 8-104 B.l.c, Exemptions, of Chapter 24 of
the Municipal Code of the City of Aspen, Colorado is hereby
amended to read as follows:
"l. General. Development which may be exempted by the
Commission shall be as follows:
C. Historic Landmark. The enlargement of an Historic
Landmark intended to be used as a commercial or
office development which increases the building's
existing floor area ratio and its net leasable
square footage. The enlargement of an Historic
Landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel,
lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units.
The applicant shall demonstrate that as a result
of the development, mitigation of the project's
community impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio
for the applicable zone district (excluding
any bonus floor area permitted by special
review), the applicant shall provide
affordable housing at one hundred percent
(100%) of the level which would meet the
threshold required in Sec. 8-106 for the
applicable use. For each one percent (1%)
reduction in floor area below the maximum
permitted under the external floor area ratio
for the applicable zone district (excluding
any bonus floor area permitted by special
review), the affordable housing requirement
shall be reduced by one percent (1%).
The applicant shall place a restriction on
the property, to the satisfaction of the City
Attorney, requiring that if, in the future,
additional floor area is requested, the owner
shall provide affordable housing impact
mitigation at the then current standards.
Any affordable housing provided by the
applicant shall be restricted to the housing
designee's moderate income price and
occupancy guidelines.
(2) Parking shall be provided according to the
standards of Art. 5, Div. 2 and Div. 3, if
HPC determines that it can be provided on the
site's surface and be consistent with the
review standards of Art. 7, Div. 6. Any
parking which cannot be located on -site and
which would therefore be required to be
provided via a cash -in -lieu payment shall be
waived.
(3) The development's water supply, sewage
treatment, solid waste disposal, drainage
control, transportation and fire protection
impacts shall be mitigated to the
satisfaction of the Commission.
(4) The compatibility of the project's site
design with surrounding projects and its
appropriateness for the site shall be
demonstrated, including but not limited to
consideration of the quality and character of
proposed landscaping and open space, the
amount of site coverage by buildings, any
amenities provided for users and residents of
the site, and the efficiency and
effectiveness of the service delivery area."
Section 3
That Article 7, Sec. 7-404 A.3, Review Standards for Special
Review of Chapter 24 of the Municipal Code of the City of Aspen,
Colorado be amended by the addition of the following language at
the end of said section:
3
•
•
"When the HPC approves the on -site relocation of an
Historic Landmark into required open space, such that
the amount of open space on -site is reduced below that
required by this Code, - the' requirements of this section
shall be waived."
Section 4
If any .section, subsection, sentence, clause, phrase or
portion of this ordinance 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
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the ordinance shall be held on the
day of 1989, at 5:00 P.T;. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the /C �J day of
1989.
William L. Stirling, Mayor
4
0
ATTEST:
Kathryn S. Foch, City Clerk
c�
FINALLY, adopted, passed and approved this O day of
1989.
William L. Stirling, Mayor
ATTEST:
Kathryn Koch, City Clerk
landmarksord
i
9
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•
1
ORDINANCE NO. al
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING AND RE-ENACTING
SECTION 1 OF ORDINANCE 16, SERIES OF 1989
WHEREAS, on May 8, 1989, the Aspen City Council adopted
Ordinance 16, Series of 1989; and
WHEREAS, after publication of said Ordinance, it was found
that Section 1 of said Ordinance is not clearly drafted and
should be repealed and re-enacted so that it can be more easily
understood and properly administered.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 8, Sec. 8-104 A.l.b, Exemptions, of Chapter 24 of
the Municipal Code of the City of Aspen, Colorado is hereby
repealed and re-enacted to read as follows:
"l. General. Development which the Planning Director shall
exempt shall be as follows:
b. Historic Landmark.
(1) The enlargement of an Historic Landmark
intended to be used as a commercial or office
development which does not increase either
the building's existing floor area ratio or
its net leasable square footage; or
(2) The enlargement of an Historic Landmark
intended to be used as a commercial or office
development which increases either the
building's existing floor area ratio or its
net leasable square footage, but does not
increase both; or
(3) The enlargement of an Historic Landmark which
develops not more than one (1) residential
dwelling or three (3) hotel, lodge, bed and
breakfast, boardinghouse, roominghouse or
dormitory units; or
(4) The change of use of an Historic Landmark
which does not increase the building's
•
•
existing floor area ratio.
Enlargement or change of use which occurs in
phases shall not exceed these limits on a maximum
cumulative basis."
Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance 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 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 4
A public hearing on the Ordinance shall be held on the
day of , 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 1989.
William L. Stirling, Mayor
K
•
•
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1989.
ATTEST:
Kathryn S. Koch, City Clerk
landmarksord.l
William L. Stirling, Mayor
�3
•
is
DOMMUS & weLLs
an association of land planners
July 10, 1989
Mr. Tom Baker, Acting Director
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
Dear Tom:
On behalf of Harley Baldwin, we are forwarding for your office's
review information regarding the FAR square footage of the
Collins Block project. A separate copy has been forwarded to
Bill Dreuding for his review.
As you may be aware, we have recently filed a request for Exemp-
tion from GMQS under the provisions of §8-1O4A.l.b (Exemption by
the Planning Director for Historic Landmarks), in order to
proceed as soon as possible to building permit for part of the
Collins Block project. In order to qualify for this exemption,
the applicant must demonstrate that as a result of the project,
either the FAR or net leasable square footage is not increased
(Ordinance 27, Series of 1989).
There are three areas whch must be addressed in order
to resolve
the
square footage comparison of the old scheme as
compared
to
the
new proposal:
1.
The FAR square footage of the sheds to the
east of
the
Collins Block which have been removed.
2.
The FAR square footage of the infill building to
be built
to
the east of the Collins Block.
3.
The square footage of the mezzanine above the first floor
in
the Collins Block which has been removed.
Other elements of the project are not a consideration in
resolving the FAR square footage issue because the square footage
of the first floor (4,453 square feet) and second floor (4,533
square feet) remain the same in the renovated scheme as that
existing on the site.
608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone: 303 925-6866
0
Mr. Tom Baker, Acting Director
July 10, 1989
Page Two
Under the definition in Article 3, floor area means "the sum of
the gross horizontal areas of each story of the building measured
from the exterior walls, or from the center line of the party
walls, including the floor area of accessory uses and of
accessory buildings and structures.
"In measuring floor area for floor area ratio and allowable
floor area, the following applies:
"A. General. In measuring floor area for the purposes of
calculating floor area ratio and allowable floor area,
there shall be included that floor area within the
surrounding exterior walls (measured from their
exterior surface) of a building, or portion thereof.
"B. Decks, balconies and stairways ... When decks, bal-
conies, stairways, terraces and similar features which
are above natural grade are covered by a projection
from the building which is greater than three (3) feet,
such areas shall be included in the calculation of
floor area ..."
In calculating the FAR square footage of the three areas, the
following has been considered:
1. The sheds in the yard area included some areas which were
enclosed by exterior walls and some which were covered but
not enclosed. All of these covered areas were used for the
merchandising of products and were open to the public (see
attached Affidavits).
All of these sheds were constructed with wood floors built
on natural grade; the floors were therefore "above natural
grade." Those areas covered by a projection in excess of 3
feet therefore count in FAR even when not enclosed by
exterior walls.
A pattern has been added to the attached improvement survey
to distinguish between the enclosed areas (A) and the
covered areas extending more than 3 feet from the building
(B). The shed at the south end of Lot C included a second
level over a portion of the building; this area is
identified by a dashed line.
0
i
Mr. Tom Baker, Acting Director
July 10, 1989
Page Three
Total FAR square footage of the sheds is 1,071 square feet,
including an additional 252 square feet shown on the chart
as first floor loft area in the shed at the south end of Lot
C.
2. The FAR square footage of the infill building, as illustrat-
ed on the attached print, is 1,878 square feet.
3. The square footage of the mezzanine inside the Collins Block
was 576 square feet, including a small office of
approximately 90 square feet and 485 square feet of
storage.
The project results in a net decrease in FAR square footage of 21
square feet. Net leasable area is increased by 6,807 square
feet, including a 400 square foot increase in above -grade net
leasable.
Sincerely,
Joseph Wells, AICP
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AFFIDAVIT
THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT
THE PROPERTY. DELINEATED CAN EXHIBIT A ATTACHED HERETO (THE
"PROPERTY"). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (2o)
YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER:
A. FOR THE STORAGE OF BUILDING MATERIALS;
B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING
AND BUILDING MATERIALS; AND THAT ALL SHEDS AND
STORAGE RACKS WERE AVAILABLE TO THE GENERAL
PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS
ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS;
THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE
CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE
1969.
SUBSCRIBED AND SWORN BY THE UNDERSIGNED THIS_aj DAY OF
1989.
• 0
AFFIDAVIT
THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT
THE PROPERTY. DELINEATED ON EXHIBIT A ATTACHED HERETO (THE
"PROPERTY"). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20)
YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER:
A. FOR THE STORAGE OF BUILDING MATERIALS;
B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING
AND BUILDING MATERIALS; AND THAT ALL SHEDS AND
STORAGE RACKS WERE AVAILABLE TO THE GENERAL
PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS
ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS;
THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE
CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE
1969.
SUBSCRIBED AND SWORN BY THE UNDERSIGNED T-iS--Z_,Ll DAY OF
1989.
AFFIDAVIT
THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT
THE PROPERTY. DELINEATED ON EXHIBIT A ATTACHED HERETO (THE
"PROPERTY"). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (emu)
YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER:
A. FOR THE STORAGE OF BUILDING MATERIALS;
B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING
AND BUILDING MATERIALS; AND THAT ALL SHEDS AND
STORAGE RACKS WERE AVAILABLE TO THE GENERAL
PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS
ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS;
THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE
CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE
1969.
SUBSCRIBED AND SWORN BY THE UNDERSIGNED THIS DAY OF
1989.
J�
AFFIDAVIT
THE UNDERSIGNED STATES THAT HE HAS PERSONAL KNOWLEDGE THAT
THE PROPERTY. DELINEATED ON EXHIBIT A ATTACHED HERETO (THE
"PROPERTY"), HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20)
YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER:
A. FOR THE STORAGE OF BUILDING MATERIALS;
B. FOR THE DISPLA`( AND MERCHANDISING OF GARDENING
AND BUILDING MATERIALS; AND THAT ALL SHEDS AND
STORAGE RACKS WERE AVAILABLE TO THE GENERAL
PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS
ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS;
THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE
CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE
1969.
SUBSCRIBED AND SWORN
L 1989.
/j
BY THE UNDERSIGNED THIS DAY OF
AFFIDAVIT
THE UNDERSIGNED STATES THAT HE HAS PERSONAL I.::NOWLEDGE THAT
THE PROPERTY, DELINEATED ON EXHIBIT A ATTACHED HERETO (THE
"PROPERTY"). HAS BEEN USED CONTINUOUSLY FOR AT LEAST TWENTY (20)
YEARS TO THE DATE OF THIS AFFIDAVIT IN THE FOLLOWING MANNER:
A. FOR THE STORAGE OF BUILDING MATERIALS;
B. FOR THE DISPLAY AND MERCHANDISING OF GARDENING
AND BUILDING MATERIALS; AND THAT ALL SHEDS AND
STORAGE RACKS WERE AVAILABLE TO THE GENERAL
PUBLIC FOR RETAIL SALES; AND THAT THE PUBLIC WAS
ALLOWED ACCESS TO THE SHEDS AND STORAGE RACKS;
THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF SUBMISSION TO THE
CITY OF ASPEN FOR DETERMINATION OF THE USE OF THE PROPERTY SINCE
1969.
SUBSCRIBED AND SWORN BY
44"1- 1989.
THE UNDERSIGNED THIS a�? DAY OF
E. HOPKINS AVE.
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ALLEY BLOCK 88
CERTIF Ir,nl•r.l
-- 7—.1 DOES k2Y CERTIFY THAT THIS sUaVEY Ito FIELD
y�{1-A I— — 1 gRf1UN0 SOF THE -
_.DEY.I If£O NEFEfr. MN IS r6:>.ECT — ON T>4
1rDW. : ••5 HOIAtU. :•ND 1
1Y1. -1 NO CALLS flu c..... -. ._i J.7
- -' CD.KL� ITTSM IS S1>CrT,fr& IN 0RM 1 LINE
. O'hy11 •lose IN'
-_ - _ __'-NtJC`•L1+R'�.;.'-HSHE. .,Wr
IEfrOR+11 HL. 111—TAS
RAM n --E.
_
fN
_ ..T
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l.�.r.'•kD. tUILDI•R. OUTS. _ __ .No TTDNNWOS LNLT10A61 INTO
nE F _ as y.IDMI No
--.. - .6_. __F£.8 _.. ..w �r FND•en°-:,N.f,l T_c�-- :..I _. -.-__ :_ -.. -r�.t. -
Layviel "T_E .'_'_"v
.-. _ - _ 1T OR F[I-LE LASE NO.
Pry z". +ete.: '— IF—— OF 1— r
:'�Ja'u ON FatrvlW_D AY 1.,.
.t L202 Of Ir.T.S SASE^ C = -- -:mEi :LOCI: c. (ALIJW. Disc.
r aNi' '••• - r _ 'HE •k%-HE�:S) cCFtER DLOCI: fll
HCT (CEO ACCORDING TD LDLDAaDO LAN YOU MST COaE>EE aN LEGAL
ICTIOW DICED WON A DEFECT iN THIS SURVEY WITHIN THREE TEARS
vW F
IHST DISCOVER SUCH DEFECT. 11 NO EVENT. MY My
?aaSEDVFON AN DEFECT 1ECT IN THIS Y SE COHEWEED
HAW T NORE
HAW FEN YEARS FRON TIE GATE OF THE CETITIFICATION SNRa. HEREON.
IMPROVEMENT SURVEY
HARLEY BALDWIN
rx
no a.rth so toot of L ts"A, a W C. 430ck &A. City .ae ratMalt• of
opov lozeoptln9 th.c Fore Sav of .aid Get C eevv.YW M DVie C1.IR Da•
i•co[dad in Sack tat .t Pop. 423 of Pitkia Coaorl A•ooed0)
Asa • t.rcal ds.cr _ sa.
toglavlaq at Corner So. I ah3ah la tiv s—b.sat c rvr at Lot 0 is
•lock o o! tho Illy ane rINmit. of A.".. —4 tn. foathoo.t Coiner o
Lot a In said Block ta•vt• r•anivq along eh. &oath toavdaiy at LOt D I
• Nobrly dlrsct:av . alRavc• o! 21 bat to Coin•i le. 3.
[Dance ravaInp Sv a b[to•rly dlra<tloa psratl•1 to
tM No . s..d orr
of old Lot D . CIAtsac. of 20 foot to Corner b. 3.
too 'A
tomivq Sv o Gstaily dlroctlon D.r.11.1 t iva &oath .00ndoiy
.1 Did Lots D 2ad a . SSs,eves 0! Corner Na. .. thaoc•
�alaq ie • &oath•r1T elroeiit. p.rsl l.ltta — Got Uoundary ct oSd
Lot a . di tavcs of 20 feat to Cotner No. 2, ch.ne•.rmalvq iv .
arly dleoetion al®q r,A &eo" to..dari of sail Lot A . d/a Fs a
iT lost to
corer b. 1, th. Plot. of Oaglavlv9:_
anA
TD. Sa.ta xlMnty 1301 foot at W Cos, Thir.••v (I.) fast of L.t
I.—FANI 'a' is, al— of, City avd T..m Il `Dl A.po.:
IrCa s.ath rosary (10) fost at too Cast panty rlva (25).la.t at Lot
1.t t.tal 'a• In al— ... City sae ro.nalco of as"..
c.wM.wwG! VAI
CITY sax, TO = or ARM.
COOKY or PITI=. -
STAU or COLOSADO
..�T'. `711(taltt47T .
AiPm Survey Engineers,
210 1 QALcaA ST.
I.O. lOi 2302
ASPEN. COLORADO 21212
(3031 223-32.6
JOB NO. 19022
•
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E. HOPKINS AVE.
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IC032
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AL DISK
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to
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Ca'7 Cn7 la'
(N l3—OF1' - W — — — _ J O.i f OVER It
ALLEY BLOCK 88
6 IFEB
3.ytY'NJg.lEr
2Pa7 jet
rv013C1: ACCOFnI TO CC- YOU t I—— MI I—
ITION URSED OF pEFECT IN THIS —1 u1TNIN TNREE -A..
M TEF YW FlNpi TUI StfNEF Sl1CN DEFECT. NO FVENI- lln
u15 Ae'ttvI ¢T nYnMC
TI IEN vEM._. TTnn INT RFT[ (s TIIE C(Ri IC iTntlnrvC Sllnldl
I,CFFIw-
IMPROVEMENT
SURVEY
MR
HARLEY BALDW I N
the Nertb m0 feet OF Let• A. m kT.a'C. ,Serk,'8d, 61 mad Tdemalte of
Aspen (exeeDtlnp Chet por[foo of ••le Lot .0 Comedy" by quit Claim Deed
recoreed In Boot 2Bl . P•qe a3s ee Pitkly Cevnty •Cara•)
Ane • PatC.3 deecrfbed -
I*,,-
fTIC •t Corner I.. 1 whl.m 1. the /oetOe«t .e of Lot 0 Sn
Block ee of he City end Teunelt. of A.D.n, •ed the SoatWt Cotner It
Let m In «la Block tht.e. rmnlvp •lent/ the month Neavd•ry of Lot 0 1,
• me•terly dfrectfon a d3.tevice at 24feet teCeen•r Ne. !.
[bents tvevfnq In • Northerly dlrettlon parallel to tM N.•t momer.,
OF
eel. Lot C • dlet.oc• of 20 feet to Coev« mo. S.
thevice raMllnq Sn ee taet•ely eSrKtaon p•r•]lel to the meetb monnd•ry
of «le Lot• D end t • Ill m Cm of t1 tpt to Cotnar No. ♦, then.•
reminq S• • moneh•tly dite.tion Cat•11.1 to tb• tot bo•ndary of aid
Lot t • di•t«ce of 20 feet
to Corner N.. 5. tMnt• m—lnq Sv .
Neevrly dlrectlon .long the I.." No.Itd•ry of «la fat 2 • dSnu« of
Il feet to Corner No. 1, the place of b•ploolnp;
.Ile
me south Trenty 1201 feK of the meet Tblet«v pal '.at
Ot Let
laf tared '2' In .lack es. Clty And Teun.lt•.ittA•gn:
sod
The Sooth Tventy (20) feet of the ETrevty PS« psl feet If Let
1.tterea • 1. Block Be, City mod Toen•ft• of
A•pan.
CITY ANTI TONNSIT[ OF ASPEN.
COOKY OF PITH/N.
STATE OF COLORADO
Aspen Survey Engineers, Inc.
t10 S. CALCNA mT.
P.O. mar 2i0s
ASPEN, COLONAOO 81e12
(303) 525-3e12
4
JOB N0. 19022
-Ago-
At
r go; 0 jaw-
a
RAr
FO(. )N D X
5. GG'E. O.r
TO RECORD
BL-CYC K COR
�'A
0
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—r
mn
r-
Vi
E. HOPKINS
(-75.00' )
AV E .
ZOIo
529
0.-7"
IN It
OVESZ F
ALLEY BLOCK 88
CERTIFICATION
THE UNDERSIGNED DOES !-HEREBY CERTIFY THAT THIS SURVEY WAS FIELD
SURVEYED DURING 1989 ON THE GROUND OF THE
PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE
LEGEND S4D NOTES
FIELD EVIDENCE,SHOWN 04 THIS PLAT AS FOUND. AND THAT THERE ARE NO
DISCREPANCIES, CONFLI�TS. SHORTAGES IN AREA. BOUNDARY LINE
CALLS IN ( ) RECORD OF ICAL CITY OF ASPEN FLAT
CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS
OR RIGHTS OF WAY IN =IELD EVIDENCE OR KNOWN TO ME. EXCEPT AS
SNOW ON GROUND AT ,TIME OF SURVEY 2/89
HEREON SHOWN. UNDERG'3OUND UTILITIES WITH NO ABOVEGROUND VALVE
BOXES. MANHOLES. OR OTHER APPURTENANCES. AND DOCUMENTS OF RECORD
CORNERS T❑ BE SET WHEN CONDITIONS PERMIT
NOT SUPPLIED TO THE SU=:VEYOR ARE EXCEPTED.
BUILDING. GRATE. COLUMIS. BAY WINDOWS AND OVERHANGS ENCROACH INTO
DATED THIS --__ DAY 0= ---_, 1969
-------------
THE R.O.W.'S OF S. MIL_ ST. AND E. HOPf:INS AVE. AS SHOWN NO
ENCROACHMENT LICENSE MOWN ON TITLE COMMITMENT.
- -----_--------------"---
LAWYERS TITLE INSURANC- CORPORATION COMMITMENT FOR TITLE CASE NO.
JOHN HOWORTH P.R.L.S. ?5947
PCT-2957. DATED: 1/03/39 WAS USED IN THE PREPARATION OF THIS
SURVEY. CALLS IN 3 REFER TO INFORMATION PROVIDED BY THIS
COMMITMENT.
BEARINGS BASED ON THE NORTHEAST CORNER BLOCK Be (ALUM. DISK
�6129) AND THE WITNE£3 CORNER TO THE NORTHEAST CORNER BLOCK 81
a
NOTICE:
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
(P-K IN STREET) N.68 57'43"W. 346.51 FEET.
ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
IMP.J OVEMENT SUR\/EY
=oR
NARI,FY BALDW I N
The North 80 feet of Lcts A, B and C, Block 88, City and Townsite of
aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed
recorded in Book 287 at Page 425 of Pitkin County Records)
And a Parcel described as:
Beginning at Corner No. 1 which is the Southeast :orner of Lot D in
Block 88 of the City and Townsite of Aspen, and the Southwest Corner of
Lot E in said Block thence running along the South Boundary of Lot D in
a westerly nirection a alstance of 24 feat to Corner No. 2,
thence running in a Northerly direction parallel to the West Boundary
of said Lot D a distance of 20 feet to Corner No. 3,
thence running in an Easterly direction parallel to the South Boundary
of said Lots D and E a distance of 41 feet to Corner No. 4, thence
running in 'a Southerly direction parallel to the East boundary of said
Lot E a 15t3rce of 20 feet to Corner No. 5, thence running in a
Westerly direction along the South Boundary of said Lot E a distance of
17 feet to Corner No. 1, the place of beginning;
and
The South Twenty (20) feet of the East Thirteen (13) feet of Lot
lettered "E" in Block 88, City and Townsite of Aspen;
and
i d/�//_ The South Twenty (20) feet of the East Twenty Five (25) feet of Lot
(�f&:Z11A TiO�s�% lettered "D" in Block 88, City and Townsite of Aspen.
D®P' MUS & W@LLS
an association o/ land planners
608 e. hyman avenue
aspen, colorado 81611
phone: 303925-6866
CCNTA1tJING' 0j3Z1 t S•F
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE OF LORADO
PREPARED 13Y
Aspen Survey Engineers, Inc,
210 S. GALENA ST.
P.O. BOX 2506
ASPEN, COLORADO 81612
(303) 925-3316
JOB NO. 19022
RAM F
FOUN D x
S CoCo'E. O.I-
TO RECORl7
BL-CCK CCP,
W
J
—J
-r
�N
6
CERTIFICATION
E. HOPKINS AVE.
ALLEY BLOCK 88
THE UNDERSIGNED DOES HEREBY CERTIFY
THAT
ONTHIS
SURVEY
WAS
OFFIELD
THE
SURVEYED DURING -----------------
PROPERTY LEGALLY DESC=(IBED HEREON. AND IS CORRECT BASED ON THE
FIELD EVIDENCE SHOWN ON THIS PLAT AS FOUND. AND THAT THERE ARE NO
DISCREPANCIES. CONFLI--TS. SHORTAGES IN AREA. BOUNDARY LINE
CONFLICTS. ENCROACHMEt,,CS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS
OR RIGHTS OF WAY IN =IELD EVIDENCE OR KNOWN TO ME. EXCEPT AS
HEREON SHOWN. UNDERC:OUND UTILITIES WITH NO ABOVEGROUND VALVE
BOXES. MANHOLES. OR OTHER APPURTENANCES. AND DOCUMENTS OF RECORD
NOT SUPPLIED TO THE SU3VEYOR ARE EXCEPTED.
DAY C'= 1989
DATED THIS _____----------------'
_ ______ _ --------
JOHN HOWORTH_P.R.L.S. 25947
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION BSED HIS
VEY
THAN TTENAYEARS UFROM ATHE DATE NY COFITHE TCERTIFICATION ECOMMENCED
SHOWN HEREON.
LEGEND AD NUTES
CALLS IN ( ) RECORD OF-ICAL CITY OF ASPEN PLAT
SNOW ON GROUND AT TIME OF SURVEY 2/89
CORNERS TO BE SET WHEN CONDITIONS PERMIT
BUILDING. GRATE. COLUMIS. BAY WINDOWS AND OVERHANGS ENCROACH INTO
THE R.O.W.'S OF S. MIL- ST. AND E. HOPKINS AVE. AS SHOWN NO
ENCROACHMENT LICENSE SHOWN ON TITLE COMMITMENT.
LAWYERS TITLE INSURANC-- CORPORATION COMMITMENT FOR TITLE CASE NO.
PCT-2957. DATED: 1/0--/39 WAS USED IN THE PREPARATION OF THIS
SURVEY. CALLS IN I REFER TO INFORMATION PROVIDED BY THIS
COMMITMENT.
BEARINGS BASED ON THE NORTHEAST CORNER BLOCK 88 (ALUM. DISK
�6129) AND THE WITNEE3 CORNER TO THE NORTHEAST CORNER BLOCK 81
(P-K IN STREET) N.68 t7'43"W. 46.51 FEET.
Y,tv
0-46
529
Z5z- g�
7s�
OVER F?-
DOI" MUS &weLLS
an association of land planners
608 e. hyman avenue
aspen, colorado 81611
phone: 303 925-6866
IMPROVEMENT SUR\/E-'(
NARL,EY gALDW I N
(Dr
The North 80 feet of Lots A,Bofand
C, Block
Lot c 88,City
conveyed and
by Quitnsite oDeed
aspen (excepting that portion
recorded in Book 287 at Page 425 of Pitkin County Records)
And a Parcel described as:
Beginning at Corner No. 1 which is the Southeast zorner of Lot D in
Block 88 of the City and Townsite of Aspen, and the Southwest Corner of
Lot E in said Block thence running along the South Boundary of Lot D in
a Westerly direction a distance of 24 fear to Corner No. 2,
thence running in a Northerly direction parallel to the West Boundary
of said Lot D a distance of 20 feet to Corner No. 3,
thence running in an Easterly direction parallel to the South Boundary
of said Lots D �,d E a distance of 41 feet to Corner No. 4, thence
running in'a Southerly direction parallel to the East boundary of said
Lot E a 1i9ta-nce of 20 feet to Corner No. 5, thence running in a
Westerly direction along the South Boundary of said Lot E a distance of
17 feet to Corner No. i, the place of beginning;
and
The South Twenty (20) feet of the East Thirteen (13) feet of Lot
lettered "E" in Block E8, City and Townsite of Aspen;
and
The South Twenty (20) feet of the East Twenty Five (25) feet of Lot
lettered "D" in Block E8, City and Townsite of Aspen.
(-CNTAIPJIP4G' 13*1 -trj,r,
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE OF TLORADO
PREPARED BY
Aspen Survey Engineers, Inc.
210 S. GALENA ST.
P.O. BOX 2506
ASPEN, COLORADO 81612
(303) 925-3816
JOB NO. 19022
a �cv�riox�s ��
Dommus &weus
an association of land planners
608 e. hyman avenue
aspen, colorado 81611
phone.303925-6866
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608 e. hyman avenue
aspen, coloradoflMl
ptme: 303 925-WW
REVIS
,IONS BY
c
Date
Scale
Drawn
Job
Sheet
Of
Sheets